The URL can be used to link to this page

Browse Search

Home My WebLink About20103039.tiff IZ8S-999 (0L6):nj I l 105-989 (0L6) :aaoyd ` +cuo9 op 'A3oa3r� •3rxry,v eu9E 9srz b, e,o o ,os ui an wE.e '\ 'd% 96 3onvetn61A +6od30 TA Mad t 05508°P I D` P M PCI 1317O'H 0S9 ao� _ a Q l a ' x 'Dm' `smonnl'Ifls DNIN 9:ttto ey.o` 8 m)C �No 4$3xa 0305103351 r • a e i j t S e i e ( i �� as tit 'I }} . 1t lii t1 a Pil i +I i 5linii '%{{3+1321 III b1..2 I 1 / P ll, } �g e: A a 1f &t y 'At; %P EbF !Hilt I fth.,hh[ 1n' 11121,1O I'll 6e l � at, 5 1 E 3 R (! f 4 �iE ` L9 Pw�nJ 2� ,i tE = 3 I: ! Se e 1• ISEtEE I�1 �' 9Sl %E-E 9• Fd t. `IbA 3 • 5 E1 A :a}1 t es 5 1flIfl I [I111 iljb t, `4{� f I el l •Ea P i# �s e b 13 ° }: i i it 1 ti t s y 1 `3 ' 1eI = Ii} % 1 i[! 4 }e b. tA1a iil {e 11 X`3 -.1° ° t 11-i 1- !} 1:[% i• N5 i ^ % 9i ° Jc ' i5 3s II ld,9 ° -1 [1 di' 1 }tFb ! !It Isj'6III. ! a, in no•ti�� ! e{°a e• _ 8 al 1 f ► . E-5 -a} Etta. i }i 6• • 5 (b , t II.I iEtg 1I}=i Al 3I-°5ii b { Ep 1s }1 Iy'i § s !+ { t5 E 'Hi a ft }. E` 11,{t}f t t, iiF}_ �Ie_ y 5b , n j }a t E 11- t2 I E kiln-Ili 1 =tS a= ��{ 1@ > F,i� QaEa 6 9 a c d a a( et-} e}^ { y ' ^_ii [b• .I:I I 11 {t I . i, } Ii .y =_ + &- 3 jl a=%e .{! {j IE. e ' I ! _ .-#g ii 't, ! e 1 sst I 1` 1 ii t @8# .E1 f! b^_I. eg 3{ b 455111 . {I I {e t j1 =E {f• 1n b 1 4313 + n.a 11 1 1 2 =e Ev woe awe% 1 e . l % It, s e Rbs s^ % 'E1 !e t � b 1 � le y i I i .,b 5 5, Id tt, ! a e 61 6t ``ti Slyt1 •I .v..11 ,3 tug "{a Pit P 7 ¶ i `s 1 e t j#5ee ° 1 i ff a 11 :1I-1 a' 3= I1i98 f•5. )f t F $ i i tR i 3 s 9 5 �� l° 96 !i! �- i a1I tO 1l a� Agin! is1).5. abbPl Ped }I6tE E6 .}'a c ° w P�'3 i es5 Efi1 i i {t1 RI s�{ st e : tilts II •E !! {at ill 1Ei3 is a 1illi Wi i 1 11Jtt fj;1.e c{l; t9 N 1 1 Q�s list 5 e 1!73 E. l9 1 E1, iF! 3R Mt i LF sia TE,{E la l lft6Elj}i EI'i 1=b13fif': ie l9 P°^114•.J v'222i li i ! i t '{ a aE ,}l fl. EI tte . ii 1 dddt e:itz ge! 1/1 9414 - $ a1+ •i t p 1 f Fa }1 i' 1 ii.1 s, e 1 I� 11 ti{ 1W s a 6.; ,, �+ 1. 14 1t{ I1 .I�{1 1} {! ihI eI"{°'p�i 411,01!= 1 t{ lei] e1 #1�1I{ X3'4 1., :di 3 e t pe b + E 11: _5 _. UIA� a ei.,1 =b 9 ieg 'b— — i i E s e+. ba b t . �1t 1" `i ₹ • -1i 1 e ibt 3 I Eei .ii 1 t} n. - bnl ' E� =L jRe 1 , °. i II gL e. { • 1 aj= s as aE a { 1A- II . ii-aft, It }% (({{ { p l.1:i3 tai l t-I-- ef1L{ !Oft{{i�a (},pI IIw e°oei,w•^°] \ f 1g¢ai3 29.. i si AI 2I: `1. '}k5 .q1117 =b {e^ It- 4 e,gis l}:,1be.g,% el 115-1,i 6 i. ,. i , CA- 4 d a a1 c8 Pp sa a..1 a1- !-4,i .,I s di ;'13s{{E i 1311 71y111:1 14.6a 3= 1ii'lli {j 11 :it +Jg;3 ^ A. :it .,d °. :a1 d%_€ ,1t 213 _b3ie _= a.A _.3 ..,ggi t +@t}1ci1811 is3₹ 11.1UFia I....§1 b1! qt a' 3 as Li 411-1 14 r ja �g $aa:,n1 e� 4 i a} s a}r b.---, £9(WOW ADM.) ,... G 9111 4__ NL pn,re�ss.=) --- ---__--- iM rg .q5� e4 Q%8d $ -- -�--- 99ar9z - --M.9o,9loos } _ CU 5 �h / �^� a fn__� di ya I � � ( E� `a. � -- M 2a 1 P O I /1� / n : ` _ S'114 / J n / S\\ s ��g ay mr t as = ° ? .. n3 % °;^ a4m ;I f5 z € � 1 a €30 tl m " 9^AS 0 0 } 3 s6 = i aaa ! 1 s56 O ;1 b €191' �4RRR rrr. err, E""@sE' ..z '5IB g� � a s } II } ya$3da rya; I !' ` =£ ,, Q Ab jar �' R 5.. d'„ �� Ca aaR b. ;aR eA R - RR4 R4.2 F •eo 4dG�7g o Wn5;79 �ll� c@CI 6uG n1 --7er/« r 1 z E O 'b , , • , rie1e •Girat98 i I3.LLILOON 1 t�tYci i T ' o £ M v bp 3 SS II / { a ��Wp 'k$1; a kl 19 b O R pp � � L:J cp 2 d i f v gr iN 35 Et''4 3 18[1 It V Bdeb il 5-.:* f. I I Wa et A e,z a nnI� 4J i 1 q E b lE rL kg .fie 8 y i°5I C} £32 yfiAv 5.51 V "t' � Z. I4-s' eI p t igi c_�1`l W 5 ig1 E a :,,,,,,L, b _ °1i, l,ii I 111 Fbgg° EO R W O!CC— !EH Ai 6i t- 1 is % I € s a o�o� it%p �I% Fg% a}n% t.l + p i E WkII � � isg Hi �I G =Io !Ii} {% Pyg I I ni, -; g8" . £ tra 1 €11 ,, -:t %° ` E t` l el } I 3I53 use I Ii+ ill; —• Li t 2 '1- 5 5 Pit. o�r°�1° tl. =}t ii q §fiE�aegg a= able 1 i t IR i p i `!sf° q°4J a t lit Y , I d E a s 1 x III! -1 1111 .i b }} l y G -i b ( 1 l 3r(b i I 1 :II �i °�1 j I +E B' 3i 7111 e F b d a a F Izai� 'I `I1 911 VII me- 'al -Q= _ _ Ii. E ia a .ea !i1' &UIO- 305 • •t*: DEPARTMENT OF PLANNING SERVICES WiveRECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: William &Carol Bell RE-4986 Planner: C. Gathman (Federal Deposit Insurance Corp. current owner) Legal Description: E2NE4 of Section 30, Ti N, R63W of the 61h P.M., Weld County, CO Parcel ID#: 147730100015 Lot A Size +/- 12.3 acres Lot B Size: +/-67.4 acres Water Source: Lot A: Proposed Well Sewer System: Lot A: Proposed Septic Lot B: Existing Domestic Lot B: Existing Septic SE Well (Permit#69377) #0300031 Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 620i -303`) • 2. The applicant has proposed a well as the source of adequate water for Lot B. 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. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1477-30-1 RE-4986 B. Lot B shall use the existing residential/oil and gas access points as no additional accesses shall be granted. The applicant shall address the requirements of the Department of Public Works as stated in their referral received 1/5/2010 in regards to access requirements for Lot A of this (Pt(r proposed Recorded Exemption. Evidence of Public Works approval shall be submitted to ) .73? the Department of Planning Services. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Roads 6 and 63 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. There is presently 60-feet of right-of-way. The applicant shall verify and delineate on the plat 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. The applicant shall attempt to address the requirements (concerns) of the Weld County Ort_3n Department of Public Health and Environment in regards to the existing septic system, as `a 1. stated in the referral response dated January 8, 2010. Evidence of such shall be submitted Y in writing to the Weld County Department of Planning Services. (9 The applicant shall address the requirements of Weld County School District RE-3J as stated in the referral response dated December 9, 2010. Evidence of such shall be C,f submitted in writing to the Weld County Department of Planning Services. -117, The property owner/applicant shall submit a copy of a recorded deed describing the / property that this recorded exemption is being applied for (the E2NE4 of Section 30 TIN R63W) or submit a deed describing the E2NE4 of Section 30 Ti N R63W for recording (with a recording fee of $6.00 for the 1s page and $5.00 for each subsequent page) at the time the recorded exemption plat is submitted for recording. Provide written documentation that the signer of the plat has authorization to sign the plat on behalf of the owner upon submittal of the plat for recording. J. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. K. The application materials indicate that there are two existing residences to be located on Lot B of the proposed recorded exemption. Per the Weld County Code — "Only one (1) single- family residence allowed per legal lot unless it is designated as a unless one of the residences is designated as a nonconforming use, or two homes on a single parcel are approved as a Use by Special Review Permit by the Board of County Commissioners. Per Section 23-7-30.C: If any such nonconforming USE of land ceases for any reason for a period of more than six (6) months, any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located." The applicant shall do one of the following: 1) Apply for a nonconforming use application to designate one of the residences as a nonconforming use. If the second residence (whichever the applicant chooses) can be demonstrated by the applicant to be a nonconforming use it can remain as a residence per Chapter 23—Article VII of the Weld County Code. 2) Convert one of the residences to an accessory use. 3) Apply for a Use by Special Review Permit to allow two (2) single-family residences on a single lot. L. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include / reserved road right-of-way. XI.. 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) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 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 Lot A has 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 Weld Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that Lot A 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 Section 15-1-40 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) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. 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. 5. 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. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 7. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date February 1, 2010 Chris Gathman — Planner III • • 4� �I�° KING SURVEYORS, INC. 650 GARDEN DRIVE WINDSOR, CO 80550 P. 970.686-5011 F. 970.686-5821 LETTER OF TRANSMITTAL TO: Weld County Planning DATE: July 22, 2010 Attn: Chris Gathman PROJECT NO.: 2009372 PROJECT NAME: Bell / FDIC Recorded Exemption RE-4986 THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ Check Prints ❑ Client Submittal ❑ Preliminary Submittal ❑ General O Final Submittal Copies Description 1 24x36 Mylar 1 Check #11481 for $61.00 REMARKS: Signed: Carol Kuhlman Received By: King Surveyors, Inc. • • WELD COUNTY,COLORADO Li DEPARTMENT OF PLANNING SERVICE 918 10TH STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX: 970-304-6498 Date: 20/ Receipt No. ; Received From: r 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/G HDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ' I MISC. / l ❑CASH ❑;CHECK NO. IL / TOTAL FEE 4, ' -/ Receipted By: 1 'DL# Exp. • L-H-HDEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave !gl ' Greeley, CO 80631 cgathman@co.weld.co.us C. PHONE: (970) 0, Ext. 3537 FAX: (97353-6170) 304-6498 COLORADO July 20, 2010 King Surveyors, Inc. —Carol Kuhlman 650 E. Garden Drive Windsor, CO. 80550 Re: Conditions of Approval: Recorded Exemption 4986 (RE-4986) Dear Ms. Kuhlman: On February 1 2010 your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing,within 10 working days of your decision to complete the recorded exemption within the next 30 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners If you have further question, please contact me at the above address or call (970) 353-6100 x 3537. Sincerely, Chris Gathman Planner III • • Chris Gathman From: Chris Gathman Sent: Wednesday, July 07, 2010 8:42 AM To: 'Carol Kuhlman' Subject: Revisions to RE-4986 plat(Bell) Carol, Please make the following revision to the Bell plat: 1) Remove the proposed access to Lot A. 2) Place a note on the plat that states the following: "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." 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 r • KING SURVEYORS, INC. \■' 1 650 GARDEN DRIVE WINDSOR, CO 80550 P. 970.686-5011 F. 970.686-5821 LETTER OF TRANSMITTAL TO: Weld County Planning DATE: June 11, 2010 Attn: Chris Gathman PROJECT NO.: 2009372 PROJECT NAME: Bell / FDIC Recorded Exemption RE-4986 THESE ARE TRANSMITTED AS CHECKED BELOW: D Check Prints ❑ Client Submittal I] Preliminary Submittal E General ❑ Final Submittal Copies Description 1 Letter from Weld County School District REMARKS: Signed: Carol Kuhlman Received By: King Surveyors, Inc. Weld County School Dis a-3(J)/99 West Broadway!P.O. Box 269/Keene CO 80643 (Ztc V LI - (U- 901 Tel: (303)536-2000/Fax3)536-2010 WC to O )\f--„ June 10, 2010 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Case Number: RE-4986 (William &Carol Bell) Dear Planning Services Representative: Weld County School District RE-3J has received a check for $1,232.00 for cash-in-lieu of land attributable to this recorded exemption. Opposition to this application is now removed. Thank you for your continued assistance in obtaining funds that will be used to purchase land for future school use. Please contact me at 303-536-2000 if you desire further information about this letter. Sincerely, Susie Townsend Superintendent of Schools Weld County School District RE-3J THI$l5A.tA�R.'MA'KEr PA E ITT s w{TH`•LUEINK•aI NITA*C 'TWITH.UTVE• e WATE-MA-)C-Htie LIGHTT+;VE'IF Date: 6/7/2010 500055292 70-2322/719 JPMorgan Chase Bank,N.A. Chicago,IL 0924720 44 FEDERAL DEPOSIT INSURANCE CORPORATION %(tp,„ _ Field Finance Center PO Box 130476 VOID SIX MONTHS FROM DATE OF ISSUE Dallas,TX 75313 Pay Amount: $1,232.00*** Pay **ONE THOUSAND TWO HUNDRED THIRTY-TWO AND XX/ 100 DOLLARS** To The WELD COUNTY SCHOOL DISTRICT RE-3J Order Of WELD COUNTY SCHOOL DISTRICT RE-3J PO BOX 269 / .. KEENESBURG,CO 80643 _ Authorized Signature 0 500055 29 20 I:O7L923226i: O9 247 200 FEDERAL DEPOSIT INSURANCE CORPORATION Check Date: 6/7/2010 Vendor Number: 0000073226 Check No.500055292 Invoice Number Invoice Date Voucher ID Gross Amount Discount Taken Late Days Interest Rate Late Charge Paid Amount 1232.00-043010 4/30/2010 00141121 1,232.00 0.00 0 0.00 0.00 1,232.00 William and Carol Bell to !1 The FDIC is exempt from taxes on Corporate and Receivership payments Total Total Total Check Number Date Gross Amount Discounts Late Charges Paid Amount 500055292 6/7/2010 $1,232.00 $0.00 $0.00 $1,232.00 PLEASE DIRECT ALL QUESTIONS REGARDING THIS PAYMENT TO:(972)-761-8098 Jun 10 2010 2: 46PM illLRSERJET FRX • p. 1 r ` FACSIMILE TRANSMISSION SHEET Weld County School District RE-3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: Quits 1O, ID TIME: 3140 No. of Pages: Including cover page TO: . '.h.g \ .,3a y,rmcu t FAX #: 971) 304 (AV COMPANY: tali A (1G{ t:►'l;.l,4 LLlUYUIY FROM: , U1ii 0 TITLE: (fcVnalm (1,C O_A Uiy COMMENTS: ( 2f)ACLU 448th rF" Urgent i Please Acknowledge Receipt ❑ Please Call Me Please Forward To Please Notify *Confidentiality Notice* This fax transmittal is intended only for the use of the individual or entity to which it le addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the Intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the Information it contains is strictly prohibited. Misdellvery of this transmittal does not constitute waiver of any applicable privilege. If you have received this transmittal In error, please notify us immediately by telephone and return the original transmittal to us at the above address by mail. Thank you. • • Chris Gathman From: Chris Gathman Sent: Monday, April 19, 2010 5:53 PM To: Carol Kuhlman Subject: RE: RE-4986 Carol, Access looks fine as proposed. In regards to the School Fee. We request evidence that either the fee has been paid or that an agreement has been reached with the school district. Does the applicant have a written agreement/OK from the school district to defer the fee? Let me know if you have any questions. 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 Original Message From: Carol Kuhlman [mailto:carolk@kingsurveyors.com] Sent: Tuesday, April 13, 2010 5:06 PM To: Chris Gathman Subject: RE: RE-4986 Attached you will find the revised Recorded Exemption Plat. Per our conversation conditions: C is the proposed access for Lot A, shown on plat. F is the proposed septic system permit, with at this time there is not proposed improvements. G is Weld School fee, at this time there is not proposed improvements and the fee will be paid when and if there are improvement on Lot A. If you have any problems or questions, please call or email. Carol Kuhlman CAD Technician King Surveyors, Inc. 650 E. Garden Drive Windsor, CO 80550 Phone: 970-686-5011 Fax: 970-686-5821 1 S Chris Gathman From: Chris Gathman Sent: Tuesday, April 13, 2010 1:21 PM To: 'carolk@kingsurveyors.com' Subject: RE-4986 Attachments: re4986.doc Carol, This has been a real head scratcher. I saw the stuff you submitted for Bell (including the receipt for the recording fee for the plat) . I am assuming the plat was submitted but I have not been looking for quite some time now and have not been able to find the plat anywhere. I went through all of my pending plats and sent out an APB to anyone else in this office and unfortunately have not had any luck. If you submitted the plat, I apologize as I have no idea where the plat is. I did review the paper copies that you submitted and only had two revisions: 1) The numbering on the plat notes skips from #6 to #8. 2) No access is indicated for Lot A on the plat. In regards to conditions of approval: Per my file, I still am waiting for evidence that conditions of approval C, F and G have been completed (see attached comments) . Let me know if you have any questions. 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 • • WELD COUNTY,COLORADO ;i _. 1EPARTMENT OF PLANNING SERVICES ,'..__ 91810TH STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX: 970-304-6498 Date: 20 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-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 FEEL ., MISC. ❑ CASH Q CHECK NO. . if TOTAL FEE Receipted By: DL# Exp. .A � n `� �/,� KING SURVEYORS, INC. Zap^ "Apvo" 650 GARDEN DRIVE WINDSOR, CO 80550 ,-�r P. 970.686-5011 F. 970.686-5821 r po NJ i OA) S LETTER OF TRANSMITTAL a r T�t 1� TO: Weld County Planning DATE: February 4, 2010 Attn: Chris Gathman PROJECT NO.: 2009372 PROJECT NAME: Bell / FDIC Recorded Exemption RE-4986 THESE ARE TRANSMITTED AS CHECKED BELOW: E Check Prints ❑ Client Submittal O Preliminary Submittal E General ❑ Final Submittal Copies Description 3 24x36 Recorded Exemption Plat REMARKS: Signed: Carol Kuhlman Received By: King Surveyors, Inc. Weld County Planning Department KING SURVEYORS, INC. GREEL,EY OFFICE 650 GARDEN DRIVE WINDSOR, CO 80550 FFy 24 2010 P. 970.686-5011 F. 970.686-5821 RECEIVED LETTER OF TRANSMITTAL TO: Weld County Planning DATE: February 4, 2010 Attn: Chris Gathman PROJECT NO.: 2009372 PROJECT NAME: Bell / FDIC Recorded Exemption RE-4986 THESE ARE TRANSMITTED AS CHECKED BELOW: E Check Prints D Client Submittal E Preliminary Submittal ❑ General D Final Submittal Copies Description 1 Letter from FDIC 1 Special Warranty Deed 1 Nonconforming Use Form TA Xe5 REMARKS: Signed: Carol Kuhlman Received By: King Surveyors, Inc. • FDIC Federal Deposit Insurance Corporation as Receiver of New Frontier Bank Division of Resolutions and Receiverships 2425 351h Avenue, Greeley, CO 80634 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 (970) 353-6100 x3540 Dear Sir or Madam: This letter is in reference to property described as E2NE4 of Section 30, TIN, R63W of the 6th PM or parcel id# 147730100015. This property is being split through the Recorded Exemption process. After the split William and Carol Bell will retain approximately 67.4 acres while the Federal Deposit Insurance Corporation (FDIC) will be deeded the remaining 12.3 acres. The FDIC also is being deeded the W2NE4 of Section 30. The FDIC intends to add these properties to its Real Estate Owned portfolio and market it for sale as undeveloped land. The FDIC will not do anything to improve this property while it owns it. The marketing time is expected to be between 18 months and two years. Of course, the FDIC can not control what use the future owners will have for this property. However, the FDIC has no plans to develop this land. I hope this letter addresses any concerns you may have had. Sincerely, £c� OtaAje Ted Panchalk Post Closing Asset Manager FDIC as Receiver for New Frontier Bank 11111 11111 BIM 11111 IMM111111111111111 I I I I I I I I • 3668073 01/04/2010 10:38A Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk&Recorder 0/3 SPECIAL WARRANTY DEED WILLIAM H BELL and CAROL C. BELL (collectively "Grantor") for good and valuable consideration paid to Grantor, the adequacy and sufficiency of which are hereby acknowledged, hereby grant, bargains, sell, and convey to FEDERAL DEPOSIT INSURANCE \ 3 CORPORATION AS RECEIVER FOR NEW FRONTIER BANK ("Grantee"), whose address is 2425 35TH Avenue, Greeley, Colorado 80634, the persona] and real property and improvements located on the real property located in the County of Weld, State of Colorado described as follows(the "Property"): Parcel I: East Half, save and except the East Half of the Northeast Quarter, of Section 30, Township 1 North, Range 63 West of the 6th PM, County of Weld, State of Colorado. (Being approximately 232 acres) Parcel 2: Lot C of Recorded Exemption No 1477-07-3-RE 2593 recorded January 13, 2000 at Reception No. 2747185, being part of the Southwest Quarter of Section 7, Township 1 North, Range 63 West of the 6t° PM, County of Weld, State of Colorado. (Being approximately 150.9 acres) Parcel 3: Lot C of the Recorded Exemption No 1477-07-4-RE 2594 recorded January 13,2000 at Reception No. 2744184, being part of the Southeast Quarter of Section 7, Township I North, Range 63 West of the 6"' P.M., County of Weld, State of Colorado. (Being approximately 145.6 acres) TOGETHER with all appurtenant water rights, including but not limited to the water rights appurtenant due to inclusion of the Property in the Henrylyn Irrigation District, and all and singular the hereditaments and other appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the Grantee, its successors and assigns forever. And the Grantor. for itself, its successors and assigns does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, that 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 authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, 3xcept the Deeds of Trust granted by Grantor to Grantee's predecessors in title and recorded in the Weld County Recorder's office at Reception Nos. 3265588, 3294201 and 3418299 (the 'Deeds of Trust") and other security documents in favor of Grantee; unpaid real estate taxes (specifically excluding, however, any federal or state tax liens or estate tax liens); liens, easements, restrictions and matters of record in the real estate records of Weld County, Colorado, existing as of the date of this Deed; any easement, encumbrances, or other matter shown or discoverable by a competent land survey of the Property made as of the date of this Deed; any tnrecorded • 11111111111111111 III IIIIAIIIIIII III HI NE IIII 3668073 01/04/2010 10:38A Weld County, CO 2 of 3 R 16.00 0 0.00 Steve Moreno Clerk& Recorder easements used for the enjoyment of all water rights appurtenant to the Property and/or the Keenesburg Property; and all farm leases with Curtis Baumgartner. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof through Grantor; notwithstanding the foregoing, the total liability of Grantor to Grantee, and Grantee's successors and assigns, with respect to the warranties made by Grantor under this instrument is limited to the total amount of Ten Thousand and NO/100 Dollars ($10,000.00). This Special Warranty Deed is an absolute conveyance and grant of title, the Grantor having sold and conveyed the Property to the Grantee for a fair and adequate consideration. Grantor declares that this conveyance is freely and fairly made and that there are no agreements between the Grantor and the Grantee with respect to the Property, oral or written, other than this Special Warranty Deed, together with all exhibits and related docume:fts among Grantor and Grantee of even date herewith. Grantor further acknowledges fair and adequate consideration given for its waiver of all cure, redemption, and homestead rights permitted by law; and Grantor and Grantee state that it is their intention that the fee simple interest of the Grantee in the Property conveyed by this Special Wananty Deed and the lien interests of Grantee under the Deeds of Trust shall not merge and that the Deeds of Trust shall remain in full force and effect until specifically released of record by Grantee. EXECUTED effective December 3,2009. GRANTOR: • William H Bell Carol C. Bell NEW FRONTIER\002 Johnson\Closing 2 Documents\Bell\Bern-special Warranty Deed I.doe 111111111111 VII III 111111111111111111 III 11111/III 1111 3668073 01/04/2010 10:38A Weld County, CO 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) > ss. 3 COUNTY OF \NVACk ) The foregoing instrument was acknowledged before me this ',2)1 °day of December, 2009,by WILLIAM H BELL Witness my hand ' seal. My Commissio fir c �C;[f ... .I t JESSICA 4, o Public ----- ',TF Of CQ\"' STATE OF COLORADO \\'''`"- c ) )ss. COUNTY OF ��4'..C.C1 ) The foregoing instrument was acknowledged before me this V ((day of December, 2009, by Carol C. Bell. Witness my hand and official seal. My Commissio r l ' C>i`:� OtA• .. Bpi ' •.:: .tic JESSICA ). ) 11= J Lt OF CO G:\K-Q\NEW FRONTIER\002 Johnson\Closing 3 Documents\Rell\BeIII-Special Warranty Deed I.doc Chris Gathman From: William Lee [wlee@newfrontierbank.com] Sent: Monday, February 01, 2010 9:34 AM To: Chris Gathman Cc: carolk@kingsurveyors.com Subject: Proposed recorded exemption (division of land) now currently under the ownership of the FDIC Dear Chris Gathman, I am responding to your email below. The FDIC does wish to proceed with division of land as specified in the request. We have engaged King Surveyors, Inc. to complete the task for FDIC. Please feel free to direct all correspondence to Carol Kuhlman at King Surveyors unless FDIC direct input is required. Feel free to contact me at any time for any reason. I thank you for all of your assistance with this matter. Sincerely, Bill William Lee Senior Asset Servicing Professional Resolution Assistance Contractor Acting on Behalf of FDIC as Receiver for New Frontier Bank 2425 35th Ave Greeley, CO 80634 970-339-5100 x359 Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us <mailto:cgathman@co.weld.co.us> ] Sent: Friday, January 29, 2010 3:20 PM To: DBirch@FDIC.gov Cc: Carol Kuhlman Subject: Proposed recorded exemption (division of land) now currently under the ownership of the FDIC Dear Mr. Birch, Stephanie Arries with our County Attorney's Office forwarded me your contact information. Hopefully I am in touch with the right person in regards to this issue/question: 1 • Our Department (the artment of Planning Services) iSocessing a recorded exemption application that proposes to divide an existing parcel (the E2 of the NE4 of Section 30, Township 1 North, Range 63 West). We have received referral comments and have prepared staff comments that address information that needs to be included on the survey and what conditions need to be address prior to recording the survey (recorded exemption plat) . At the time the application was submitted (at the end of November of 2009), William and Carol Bell were listed as the property owners. Now, according to our County Assessors Records, the FDIC is now listed as the owner of this property. This raises a couple of questions: 1) Does the FDIC wish to proceed with this application? AND 2) If the FDIC wishes to proceed with this application, who do we send our staff recommendation to? I have attached a scanned copy of the recorded exemption application and map showing the proposed land division for your records. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 2 Building Details Page 1 of 1 MULTIPLE BUILDING ACCOUNTS 1. I I [)ER \I DI:PUSI f INSI R \N('1 CORI' GREELEY, CO 80634 Residential 1915 2. Fl D R 11 1)FFOSII INSURANCE 1NCE CORP GREELEY, CO 80634 Residential 1927 3. FEDERAL, DEPOSIT INSURANCE CORP GREELEY, CO 80634 Out Building 1970 4. FEDI RAl. DEPOSIT INSURANCE CORP GREELEY, CO 80634 Out Building 1974 5. FEDERAL 1l. DEPOSIT INSURANCE CORP GREELEY, CO 80634 Out Building 1981 http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=Building&pin=1... 2/1/2010 • • WELD COUNTY,COLORADO EPARTMENT OF PLANNING SERVICES 91810'"STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX:970-304-6498 Date: 20 Receipt No. , J _ 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 P CHECK NO. TOTAL FEE Receipted By: . DL# Exp. *:ttat°' APPLICATION FLOW SHEET COLORADO APPLICANT: William & Carol Bell CASE #: RE-4986 REQUEST: Two-Lot Recorded Exemption LEGAL: E2NE4 of Section 30, Ti N, R63W of the 6th P.M., Weld County Colorado. LOCATION: South of and adjacent to CR 6; west of and adjacent to CR 63 PARCEL ID #: 1477 30 100015 ACRES: 80 +/-Acres Date By Application Received Application Completed 12/1/09 CG Referrals listed 12/7/09 KR Vicinity map prepared 12/7/09 KR File assembled i2/Slog f0- Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff 61A- ( l / Administrative Review decision: �cw c.s 2 ( 1 r U Board of County Commissioners hearing Of applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received r/ Date j` B Plat recorded and filed C 7/4/A /` . l0 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_ DEPARTMENT OF PLANNING SERVICES Q 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX:X: ((970) 3044-6498 Ci COLORADO December 7, 2009 William &Carol Bell c/o Carol Kuhlman 650 E Garden Dr Windsor CO 80550 Subject: RE-4986-A Recorded Exemption located on a parcel of land described as E2NE4 of Section 30, T1 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 the 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, Chris Gathman Planner 40, RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 7 7 - 3 0 - 1 - 0 0 - 0 1 5 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description East Half of the Northeast Quarter ,Section 30 ,Township 1 North, Range 63 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land,under consideration,the total contiguous land owned by the applicant? Yes No X FEE OWNER(S)OF THE PROPERTY: Name: William H.Bell and Carol C Bell Work Phone# Home Phone# 303-732-4641 Email Address bdlcarolCa)dishnet.net Address: 1671 County Road 63 City/State/Zip Code Keenesburo,CO 80643 APPLICANT OR AUTHORIZED AGENT(See Bebw:Authorization must accompany all atprrations signed by Authorized Agent) Name: King Surveyors Inc. Carol Kuhlman Work Phone# 970-666-5011 Home Phone it Email Address carolkt ikinosurveyors.com Address: 650 E. Garden Drive City/State/Zip Code Windsor,CO 80550 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Existing Well Existing Well Type of Sewer Proposed Septic Existing Septic Proposed Use Agricultural Agricultural & Residence Acreage 11.3 6 7. y Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: 2 U � 1671 CR63 If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above.For example,if a well and septic is proposed state:proposed well,proposed septic. 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 perjurythat 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. (ILL:Wit/1.W fir jag:et ,0O7Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent ate RECORDED EXEMPTION (RE) QUESTIONNAIRE Water supply: LUI 13 Domestic water is provided by existing water well. The parcel has no water rights. 11-IEce Ante_ M $QCTS1>LC. o&-flc-.oEsTIC wa tcc or-1 i'eoet5g-n t_', or R CvtzestrLY Do$Es ,.ior %-44CE p 1XRMe5rIc Sewer supply: A copy of the existing Septic Permit and appropriate copies are included with the application, Septic Permit Number is ISDS #03032 and SOE # 0300031. Current use: The property is currently being used as residence and farm land, currently zoned Agricultural. The property has two house ant two shop/garages, miscellaneous out building. The property currently has no farm animals. There are oil/gas well head in the northeast portion of this site. The property is irrigated by a gravity ditch system and currently planted in corn and winter wheat. Proposed Lots: The current parcel will be divided into two lots. • Lot A will be approx. 12.3 acres in size and will remain as farm land at this time. • Lot B will be approx. 67.4 acres in size to include the existing dwellings and located in the Northeast corner of County Road 6 and County Road 63. Unique Characteristics: There are no unique characteristics for this property. Building envelopes: No building envelopes are requested. USR: There are no USR's for this property. 0/Veld County Treasure Statement of Taxes Due Account Number R2971504 Parcel 147730100015 Legal Description Situs Address NE4 30-1-63(3.62R)SITUS:WELD 00000 WELD 00000 Account: R2971504 BELL WILLIAM Fl& 320 N CEDAR ST KEENESBURG,CO 80643 Year Charges Billed Payments Balance 2008 Tax $3,356.62 $3,356.62 $0.00 Grand Total Due as of 11/06/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2449-2449 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804000* $944.71 AG-FLOOD $63,692 $18,470 SCHOOL DIST RE3J 26.196000 $1,472.75 IRRRIGATED LAND CENTRAL COLORADO WATER 0.540000* $30.36 AG-WASTE LAND $11 $10 (CCW FARM/RANCH $366,871 $29,200 LOST CREEK GROUNDWATER 0.818000 $45.99 RESIDENCE-IMPS (LCG OTHER BLDGS.- $29,444 $8,540 S. E.WELD FIRE 5.764000 $324.05 AGRICULTURAL AIMS JUNIOR COL 6.323000 $355.48 Total $460,018 $56,220 HIGH PLAINS LIBRARY 3.260000 $183.28 Taxes Billed 2008 59.705000 $3,356.62 *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 TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. WELD COUNTY TREASURER W P. 14 Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, (9 special assessments and prior t iens currently due and payable connected with the parcel(s) identified therein have bee ' in full. Signed Date 4620 • Weld County Treasures Statement of Taxes Due Account Number R2971504 Parcel 147730100015 Legal Description Situs Address NE4 30-1-63(3.62R) WELD 00000 Account: R2971504 BELL WILLIAM H& 1671 COUNTY RD 63 KEENESBURG, CO 80643-8420 Year Charges Billed Payments Balanci 2009 Tax $3,202.13 $0.00 $3,202.1: Grand Total Due as of 02/24/2010 $3,202.1; Tax Billed at 2009 Rates for Tax Area 2449-2449 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000' $976.30 AG-FLOOD IRRRIGATED $71,979 $20,870 SCHOOL DIST RE3J 21.7050000 $1,261.07 LAND CENTRAL COLORADO WATER(CCW 0.4250000 $24.69 AG-WASTE LAND $11 $10 FARM/RANCH LOST CREEK GROUNDWATER(LCG 0.8490000 $49.33 RESIDENCE-IMPS RED $362,136 $26,830 ENCE-IMPS S. E.WELD FIRE 5.7640000 $334.89 OTHER BLDGS.- $28,944 $8,390 AIMS JUNIOR COLLEGE 6.3120000 $366.73 AGRICULTURAL HIGH PLAINS LIBRARY 3.2550000 $189.12 Total $463,070 $58,100 Taxes Billed 2009 55.1140000 $3,202.13 '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 TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer Weld County Treasurer P.O. Box 458, Greeley C 1400 N 17th Ave, Greele Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes (970)353-3845 ext. 329( Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed.±.) #e- Q� Date: c9— d y - / o Identify Results • • Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2971504 Parcel#: 147730100015 Tax Area: 2449 Bordering County: Acres: 156.38 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 63 - 30 - 1 - - Owners Name&Address: Property Address: FEDERAL DEPOSIT INSURANCE CORP Street: WELD RECEIVER FOR NEW FRONTIER BANK City: WELD 2425 35TH AVENUE GREELEY, CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal_Description NE4 30-1-63 (3.62R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 22,5 Agricultural 4117 Acres 116.88 Agricultural 4117 Acres 15 Agricultural 4167 Acres 2 Land Subtotal: 156.38 $71,990 $20,880 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Residential 3 Out Building 4 Out Building 5 Out Building Improvements Subtotal: $391,080 $37,220 Total Property Value $463,070 $58,100 Building Details Account#: R2971504 Parcel#: 147730100015 Owners Name &Address: Property Address: FEDERAL DEPOSIT INSURANCE CORP Street: WELD RECEIVER FOR NEW FRONTIER BANK City: WELD 2425 35TH AVENUE GREELEY, CO 80634 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 1/25/2010 Identify Results • • Page 2 of 3 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1915 Exterior: Frame Masonry Veneer HVAC: Electric Baseboard Interior Finish: Drywall Built As SQ Ft: 2737 # of Baths: 2 Roof Type: # of Bdrms: 4 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 936 Detached SQ Ft: 0 Basement: Total SQ Ft: 420 Finished SQ Ft: 420 Account#: R2971504 Parcel#: 147730100015 Owners Name&Address: Property Address: FEDERAL DEPOSIT INSURANCE CORP Street: WELD RECEIVER FOR NEW FRONTIER BANK City: WELD 2425 35TH AVENUE GREELEY, CO 80634 Building# Property Type 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1927 Exterior: Frame Hardboard HVAC: Electric Baseboard Interior Finish: Drywall Built As SQ Ft: 1046 # of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 0 Basement: Total SQ Ft: 686 Finished SQ Ft: 0 Account#: R2971504 Parcel#: 147730100015 Owners Name&Address: Property Address: FEDERAL DEPOSIT INSURANCE CORP Street: WELD RECEIVER FOR NEW FRONTIER BANK City: WELD 2425 35TH AVENUE GREELEY, CO 80634 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed -Cattle Year Built: 1970 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2100 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin... 1/25/2010 Identify Results • Page 3 of 3 • # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R2971504 Parcel#: 147730100015 Owners Name&Address: Property Address: FEDERAL DEPOSIT INSURANCE CORP Street: WELD RECEIVER FOR NEW FRONTIER BANK City: WELD 2425 35TH AVENUE GREELEY, CO 80634 Building# Property Type 4 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1974 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4680 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage_ Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R2971504 Parcel#: 147730100015 Owners Name&Address: Property Address: FEDERAL DEPOSIT INSURANCE CORP Street: WELD RECEIVER FOR NEW FRONTIER BANK City: WELD 2425 35TH AVENUE GREELEY, CO 80634 Building# Property Type 5 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1981 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2520 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin... 1/25/2010 S Kristine Ranslem From: Kristine Ranslem Sent: Tuesday, December 08, 2009 10:37 AM To: Bethany Salzman; loanna.williams@state.co.us'; leff.deatherage@state.co.us'; 'linda.brown- smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'ron.schierer@co.usda.gov'; 'smcdowell@co.adams.co.us'; 'clarue@co.adams.co.us'; 'kerriegurtler@re3j.com'; 'tombeach@re3j.com' Subject: RE-4986 Referral Attachments: Map.jpg; Application.pdf; Referral Sheet.rtf We have just received a case (RE-4986) in which we ask that you review the attached material and send a referral to us by January 7, 2010. Attached is the application, map and referral sheet. You may send your comments to the Planner assigned to this case, which is Chris Gathman (cgathmanaco.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! Kristi.vve RavtsLem Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 IllII OD REFERRAL LIST Name: re(I Case#: lie-qqg1° County 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 Galeton F-6 _Airport Authority Firestone _Hudson F-7 Building Inspection _Fort Lupton _Johnstown F-8 7-Code Compliance_N.-Ann KS-Beth _Frederick _LaSalle F-9 _Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) Gilcrest Milliken F-11 _ Ambulance Services _Greeley _Nunn F-12 Grover Pawnee F-22 State Hudson Platteville F-1 3 X( Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 Department of Health _Kersey _Raymer F-2 _Department of Transportation LaSalle X Southeast Weld F-16 _Historical Society Lochbuie Union Colony F-20 Water Conservation Board _Longmont Wiggins F-18 _Oil & Gas Conservation Commission Mead Windsor/Severance F-17 Milliken .1 36-i Division of Wildlife ,�,,"y _New Raymer LegalE2 Aigti 36 i-b& X South Hwy 66(Loveland)'1 x"t{gr!`aflrlg- _Northglenn Parcel ID# /all 30 1 nj(I�7 North Hwy 66 (Greeley) _Nunn Zone 14 Acres? /&..-3 g Division of Minerals/Geology _Pierce USDA _Platteville Airport /4b Soil Conservation Districts Severance Geo Haz Big Thompson/FTC Thornton FP? AID Panel # Boulder Valley/Longmont _Windsor IGA? A/G ORD# X Brighton/SE Weld MUD? ND Centennial Counties _Greeley/West Greeley X Adams _Platte Valley Boulder West Adams Broomfield Little Thompson Larimer Federal Government Agencies Other _US Army Corps of Engrs )C School District RE- 3 _USDA-APHIS Vet Service Central Colo.Water Conservancy Dist 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 Commissioner REFERRAL LIST Name: Case#: OD County 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 x Div. of Water Resources _Johnstown _Platteville F-13 Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 Historical Society _Lochbuie x Southeast Weld F-16 _Water Conservation Board Longmont _Union Colony F-20 Oil & Gas Conservation Commission _Mead _Wiggins F-18 _ _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer x South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor x Brighton/SE Weld _Centennial Counties _Greeley/West Greeley x Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-3 USDA-APHIS Vet Service _Central Cob. 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 arts . • Weld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant William &Carol Bell Case Number RE-4986 Please Reply By January 7, 2010 Planner Chris Gathman Project Two Lot Recorded Exemption Legal E2NE4 of Section 30, T1 N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 6; west of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 30 100015 I 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 XX 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. 12/08/09 Signature �) . Agency oning Compli .- O cer,I Date +weld County Planning Dept. +918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax o (jest CWeld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant William & Carol Bell Case Number RE-4986 Please Reply By January 7, 2010 Planner Chris Gathman Project Two Lot Recorded Exemption Legal E2NE4 of Section 30, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 6; west of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 30 100015 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. �A 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. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Thomas Beach,Chief 12/08/2009 Signature Agency Southeast Weld Fire Protection District Date rnWeld County Planning Dept. sO918 10th Street Greeley,CO.80631 m(970)353-6100 ext.3540 rn(970)304-6498 fax a 1 1 Weld County Planning Department GREELEY OFFICE 111-r. Pg ,ring IRECE I /ED CWeld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant William &Carol Bell Case Number RE-4986 Please Reply By January 7, 2010 Planner Chris Gathman Project Two Lot Recorded Exemption ,Legal E2NE4 of Section 30, Ti N, R63W of the 6th P.M.,Weld County, Colorado. Location South of and adjacent to CR 6;west of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 30 100015 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 PriL—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 12/ /M Agency 7719/f o O, col cieliiU/ /f Date a3Weld County Planning Dept. x3918 10th Street Greeley,CO.80631 x3(970)353-6100 ext.3540 x63(970)304.6498 fax lit:,,, Weld County PlarO Department / GREELEy OFFICE (1 ,.., nor. 2 1?Q09 RECEIVED iiiiik Weld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant William & Carol Bell Case Number RE-4986 Please Reply By January 7, 2010 Planner Chris Gathman :Project Two Lot Recorded Exemption Legal E2NE4 of Section 30, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 6; west of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 30 100015 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 Oilie have reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: SignatureC?f , 6.±tilijA___, 1 fie 69 Agency st 3 ( t7u . Date ioWeld County Planning Dept. rn918 10th Street Greeley,CO.80631 io(970)353-6100 ext.3540 2O(970)304-6498 fax . eiKiii srli IP • Weld County Referral December 7, 2009 "ilk DEC 1 0 °009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William &Carol Bell Case Number RE-4986 Please Reply By January 7, 2010 Planner Chris Gathman Project Two Lot Recorded Exemption Legal E2NE4 of Section 30, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 6; west of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 30 100015 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 ❑ lye 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 tit it. 30' Agency 7 PO . Date 7 Weld County Planning Dept. +918 10"Street Greeley,CO. 80631 +(970)353-6100 ext.3540 4(970)304-6498 fax wela uounty Planning uepartment • GREELEY OFFICE IAN fI MEMORANDUM RFCEWFD TO: Kim Ogle, Planning Services DATE: January 4, 2010 C FROM: Donald Carroll, Engineering Administrator iffP COLORADO SUBJECT: RE-4986, William & Carol Bell The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCRs 6 and 63 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. (Lot A) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) Utilize the existing access for residential use to this parcel. (Lot B) Contact the Public Works Traffic Engineer for new access requirement. (Lot A) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. A local residential/agricultural access shall be a minimum distance of 75 feet from an intersection county or state roadway and 150 feet for a commercial type use. (Lot A) 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-4986 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4986.docx 0 • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: 4O k' 62 3 Date: 1'x-3Si- 3 ) RE# : tjG 5 {„ Other Case#: 1. Applicant Name William H. Bell and Carol C Bell Phone 303-732-4641 . Address 1671 County Road 63 City _ Keenesburg State CO Zip 80643 . 2. Address or Location of Access East Half of Northeast Quarter of Section 30 Section 30 Township 1 Range 63 Subdivision Block Lot . Weld County Road#: 63 Side of Road 6 Distance from nearest intersection 0 . 3. Is there an existing access to the property? Yes X No #of Accesses 2 . 4. Proposed Use: ❑ Permanent X Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other . *****₹₹*********************₹**********************₹*₹****************₹**₹******************₹*₹******************************₹₹ 5. Site Sketch Qnlu Legend for Access Description: micf✓, COUNTY ROAD 6 AG = Agricultural RES = Residential ° P- O&G = Oil&Gas c. —. D.R. = Ditch Road ❑ = House °o O = Shed Q Q LoT58D , Ez A = Proposed Access Z. O + = Existing Access CC, NT 0 O O ********₹***********************************₹*************₹*₹₹**************₹*₹**********₹₹*₹₹***********₹₹₹₹*₹*********₹₹********* OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date . Drainage Requirement Culvert Size Length . Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: Dee 09 2009 12: 05PM H ASERJET FAX p. 2 ip_Weld County School Distract Re3(J)/99 West Broadway/P.O.Box 259(Keenesbu ll0 80643 Tel.(303)536.2000(Fax:(303)536.2010 Please contact Kerrie,at Weld County School District Re-3J, at 303-536-2005 WELD to set up an appointment to pay Recorded Exemption Fen. al December 9,2009 Weld County Department of Planning Services 918 10c°Street Greeley,CO 80631 Case Number: RE-4986 (William&Carol Bell) Dear Planning Department Official: This project provides for a recorded exemption within the rural area.of Weld County School District Re-3J. Although recorded exemptions,individually,represent a small increment of the total housing stock,the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students, The school district's Board of Education is opposed to approval of additional now housing without adequate mitigation of land costs. However,in the event that the County Commissioners decide to approve this application, Weld County School District Re-31 respectfully requests that these exemptions be required to mitigate the costa of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land;the cash equivalent would approximate $1,232.00 per single-family housing unit(see Table 1). If approved,it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed(Lot A). Recommendations The Board o. Education remains very t.incerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cr-h-in-lieu of land of$1,232.00 is requested for each single-family housing unit. Therefore,the total due to Weld County School District RE-37 is $1,232.00 for Lot A. Without such mitigation, the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re-3J Dec 09 2009 12: 05PM HRSERJET FRX p. 1 4111 FACSIMILE TRANSMISSION SHEET Weld County School District RE-3(J) 99 W. Broadway, P,O, Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 I FAX: (303) 536-2010 DATE: Zit /09 TIME: Ia,OO No. of Pages: t3 Including cover page TO: (1J1 LIA ,±bfFU17/nm FAX#: 470-30q- (og98 COMPANY: • 1�)Q,&l �r4/l n �� Qamrli2ing FROM: 9110Q,W TITLE: Admum ant-both COMMENTS: ❑ Urgent Please Acknowledge Receipt DPlease Call Me l Please Forward To _ Please Notify * Confidentiality Notice* This fax transmittal is intended only for the use of the individual or entity to which It Is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information It contains is strictly prohibited. Misdeilvery of this transmittal does not constitute waiver of any applicable privilege, If you have received this transmittal in error, please notify us immediately by telephone and return the original transmittal to us at the above address by mall. Thank you. RECORDED EXEMPTION . EXHIBIT E1/2NE1/4 /4 SECTION 30, T.1 N., R.63W. . -7- 1312.84` , LOT A 535,395 sq r' j m 12.291 acre '1312.26 .. , Y$ , i - n --, , ,,1 ..- ,* .,.., . . ,,, ... , . ., , ...Ir.- Y eu,. .4 s f I y e, a F .t '' . 0 n �•�e f i e''I' p�`�' u 4 t.,* W1/2NE1/4re _'. 4 Trc'. r 1. _ _...: L •, ' a 400 200 0 400 1 ' = 400 •,l,'1, iA�' KTNG SURVEYORS, INC. PROJECT NO: 2009372 1al !".:0,,,;# 650 E. Garden Drive I Windsor,Colorado 80550 DATE: 1 1/6/09 \� � phone: (970) 686-5011 I fax: (970) 686-5821 CLIENT: FDIC DWG: 2OO9372BASE www.kingsurveyors.com M M WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: RE# : Other Case#: 1. Applicant Name William H. Bell and Carol C Bell Phone 303-732-4641 . Address 1671 County Road 63 City Keenesburg State CO Zip 80643 . 2. Address or Location of Access East Half of Northeast Quarter of Section 30 Section 30 Township 1 Range 63 Subdivision Block Lot . Weld County Road#: 63 Side of Road 6 Distance from nearest intersection 0 . 3. Is there an existing access to the property? Yes X No #of Accesses 2 . 4. Proposed Use: ❑ Permanent X Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other . **************************************************************************************************t**************ems***********• 5. Site Sketch Legend for Access Description: COUNTY ROAD 6 AG = Agricultural RES = Residential O&G = Oil &Gas O&G D.R. = Ditch Road ❑ = House °o O = Shed Q CI A = Proposed Access 75 8�- O + = Existing Access 0 C'., NT O O U U *********************************************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date . Drainage Requirement Culvert Size Length . Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: . CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Bell The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: The Northeast Quarter of Section 30, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1492803 , Book 571 Reception No. 1656259 , Book 734 v Reception No. 2183038 , Book 1235 Reception No. 2191568 , Book 1243 Reception No. 2198932 , Book 1250 v Reception No. 2198936 , Book 1250 'Reception No. 2212709 , Book 1263 `Reception No. 2476443 , Book 1532 Reception No. 2887277 Reception No. 2932744 \,Reception No. 3146235 (for informational purposes only) This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 30`h day of October, 2009 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: A X-'1.1 6._LAXuit-t Kerri Allison Title Examiner s. .e '� "�dM� a, a- , trt L .."ix y -ua -iph a•n t '�p Y t y 4,.-"e4.;:z4 '-', ♦ t..t ' 'b' e, =q4 n'r 571 ., iu11419o5V '4S —1 Recorded l f -4— o'clock'cl L. 11 ... Reception No 1492803 ._... Attl-SpOrsts_.Axarde.' _r ALLEN G. ABBOTT a II II 1 whose address in Brighton, , County of Adams ,and State of Colorado ,for the consideration of one hundred co dollars and other valuable consideration 0 dokam,in(tend paid,hereby hell(5)and convey(s)to 0 0 RONECT J. BOSCII whose address is Longmont, County of Boulder ,and State of Colorado the following red property in the County of Weld ,and State of Colorado,to-wit: sane* I The East half (E}) of section thirty (30), in township one (I) North, oC range -- I sixty-three (63) West of the 6th P. H., weld County, Colorado, E%CEPT easement Ias^granted by instrument recorded in BOOK 1297, page 529, Weld County, Colorado records. TOGETHER WITH all ditch and water rights in any way connected with or appertaining ro said property. If tlCEPT an undivided one-half interest in end to such oil, gas and other minerals as now owned by the grantor, said reservation to remain in -"--t for a period of ten years from the date hereof, and if, at the _.d of said ten year period, oil, gas or other minerals are being produced from said premises, then said , reservation shall continue for so long as production shall continue, said interest to vest in grantee upon the expiration of the period of reservation. °'Q 2 E000'PRr AY- m..Ak: z p 'PL. uutca,t _ garl _ with all its appurtenances,and varmint O) the title to the same,subject to reservations, res trio tior and rights of way of record, and subject to mineral reservations of record. I Signed this 12th day of Jule „ ,l9 6 ee''t _ STATE OF COLOrADO 1 1}sa .p County of Adams {lb palmre{Byrd'instrument was acknowledged before me this •-3 C' 47uIf)r ft)}• 1p..0 ,1966 ,by ALLEN G. ABBOTT. Y : y.[ : J : /q� .PP, 4t4'COCARIP.145 respires f!'n/jee.ct/9/9G i 0> Witness qr9, ind mid officier scat - IL s.--“..- f_. __.� —fr:f aisle labile U -':.theta peaiie ar ;a attO a :ia.'iLl.f�hi;,.,d: :°ti oatl7:.n u.r',,.ii�e, 55-!ee '.)n::.^ 4f oe,taitiz ` tTw^: a oe orre.r or eoran„tf n,owl'Iro.rt name.: e olio. •myn a. r.moat Sr nth..,41.=sr n . tiw.naming LL sum, �J r-^ t 40. sal.Po..r.nlr InrJ-..anti nano—art.Ill.I."......nd.I MJrot I aneln.n r.i iln.romper.t.•t.a clm,t stn,.nil....r.I.n.k • s. f ��a r: r, 'r ,a,b v.r Mr`- ,.r1/4, 3rSf.� ! tr:.A4: ki>nS2Ln, r .� s 1 ' s.Vi Y: ' y 614”h. aI U C na.. ,.^'� g `+� o B�O/Os�K,9 Recorded at en o'dbY �`/ M....M�R..1 s9...]9i$ "d S, i^eti 1* 3' ` ca (N`Y Reeeptlon No.. ..165€259. ... ...S. Lit SHAKE,la, • Recorder r i 1, '-'-' .t,;nib } ROBERT J. BUSCH . '� Y • P• 4r ' us aN iii, li I fin "%1;12:‘,,,1:.,,,,-4/1?/''s4 I whose addresses 1002 South Terry, Lo,;mlont , ,�i� t � �' a' i ',� � c County of Boulder ,State of 11(` y y s „ 3 ?::*, w l,-- 'd r Colorado , for the consideration of G, a i x '%y N Ten dollars and other valuable consideration F 1, dollarerin hand paid,hereby sell(a) and convey(s) to i= fyr 7 5S{i WILLIAM C. BUSCH b^c -yi F i whose address is "Keeneaburg , County of - I ';Et.-.4.1.41H:^. H a.t 1 i `"rWeld , and State of ' Colorado the following real property In the :;:..].....,.1.",,sue „L o , County of Weld .and State of Colorado,to wit:r Ssipkr 4 < A. ), a" The East half (E%) of Section thirty (30), in Township one (1) North, Range elary e sr,;'-'E x I sixty-three (63) West of the 6th P. M., Weld County, Colorado; yY x' "i7 v .C.:', I Together, with one-half of all of Grantors right and title to all 011, gas e , s rz fi' :;<) I and mineral underlying said premises; rialei 1 , i ALSO, and together with a two-thirds interest in and to all irrigation wells Llie- I located on the East half Especifically �* s h i u ( iv de said Section thirty (30), but s self icall C" `,' y w+ b."1' is reserving to Grantor an undivided one-third of said wells and the right of a It I way and easement for the existing pipe line for irrimtion water running through yC mT 4 .;'I I said Section 30. Ff' l l �' : x v, r s.-0Y P ins+ j t,y_i t in. aPj t r r 4 rn—r, a L c, 1 III te , , E "ti' ,*`C,y`7 ' 41. fib f14,34r,T i z '- .. ~ `ii- 9d}.e ,laity.` i Sa 'Fl 4,�",,tl ' 41-kA }' .0 n with all its appurtenances,and warrant(s) the title to the same,subject to ( +,y a t^ 4, m, '„ FtYi. -M`r'!a e.r , e;.,s,r f!:v Signed this 18th day of March lg 75, 1.6.,:. 4.n-'1 li NZ'La�C 4 i n _e.fiy c) j cr `1 `?a�1 yFi / ' r STATE OF COLORADO, "y F t '� t ₹ County of BOULDER 88. „25's lc,.M .. 1.A CIVZ5nte42C414V4H1 The foregoing instrument was acknowledged before me this 18th F day o 4 ,p `' -.g a * f March ,19 75 ,by Robert .1. Busch L r' w_ a"'l s' ` • o, J 'I 3Cll. I4:41 i'1K r'r i z Py i il,©••TMycominission explrea August 7, 1975. 7» t a A,y a •0Wi sffiply hand and official seal, �: 'd IN "*f n \55-41,i,. .1xxY `si` - ♦a 4 : 2 / Ii ' rV Ix Feat\ L.. ca.. .i._. .. I i; r s zs:4 sA �7.:•. pl . . e: i, "'d- non.remue c.. s &eoy,dell9^denan—II by neural omen w patine bet Linn Cam,ofr per v br y n sR1u le,.feels,. e r�r1'5 ? - rmc,b1, jj.aIb oe l ashes S4*.I ebn bMt nee M p lVabr ib tree or Debt e ' or beep. .... 5 :R{+.a^ 1.,,,, ` pesos n artm it.r - the,kNr1 osm of,ear ef,ei�ee plrM-n eb'ere�Me,t er ether a'«at RrL et- 32 a'a'+' I PAW.. Nnrnwry De4-aM,l pwo-a...m.i.Ii,Cas.IN,-IInn,.nl I. fie. h r.x r } t io t' "i/ fj.,.,4ytrdry r SOt!xri'11c1pt4i.erii{Z*r.,44 r:•It'7P'iq.r''°t'T"'' sr'1'fa,,7,, . 41`t/`lw° I - '(. ) ,hr'i r sl '" F.i"t'i 1;�Ix b t) p.$;:p v r5 .{ s r �:y�i. „y ' 3vt14� '' ' t 2l I ,Y, � e . ♦.,y Yt �,i,�n.,'y- :�' ♦ vt l�_� a,na'- B 1235 RE3038 06/19/89 09:45 $3.Of /001 4R2153038 F 1901 MARY ANN FEOERSTEIN CLERK S RECORDER WELD CO, CO QUIT CLAIM DEED l THIS DEED,Made this 14th day or June .1989 . between WILLIAM C. BUSCH of the 'County of Weld and State of I Colorado.grwneten and WILLIAM C. BUSCH and SALLY R. BUSCH, Tenants in Common whn,<kgaladdre,, Route #1, Box 204B, Keenesburg or the County of Weld and State of Colorado.grantees). l WITNESSETH.That the gnntorfp,for and in considcrdlon of the sum of LESS THAN $500.00 DOLLARS the receipt and sufficiency of which is hereby nckmwskdeed,ha S 'med.'cleated.sold.conveyed and QUIT CLAIMED,and by these presents deg remise.rckase.sell.convey and 9L11T CLAIM unto the panlectsi. their heirs.successors and assigns, forever. all the nght. ink. merest. claim and demand which the grantonik ha S nand to the teal property,together with Impnwcmcnts.d any.situate.lying and king in the County of Weld and Slate of CMmado.described as follows The East half (E;) of Section thirL. (30), in Township one (1) Nort , Range sixty-three (63) West of the 6th P.M. , Weld County, Colorado; Together, with one-half of all of Grantors right and title to all of q gas and mineral underlying said premises; ii '.I ALSO, and together with a two-thirds interest in and to all irriga- tion wells located on the East half (E3/4) of said Section thirty (30 but specifically reserving to Grantor an undivided one-third of sai wells and the right of way and easement for the existing pipe line for irrigation water running through said Section 30. I' also known by street and number as. 10 HAVE AND TO HOLD the same.together with MI and singular the apptvtenancnx and privileges thereunto belonging or la anywise lhcmuuo appee aiming.and all Inc estate.ngM.title.interest and claim whabrcuer.of the gnntafs).either in law mequity,to the only paper¢e.benefit and bekaif of the gnntar'L their heirs and assigns lamer. IN WITNESS WHEREOF.The grantodi)haS ermined this deed on the date set forth above. - _ 2 l' . Qt1„ WILLIAM C. BUSCH I STATE OF COLORADO. County of BOULDER }" Thefategoinginstamenl war acknowledged before me this 14th day of June .to89. ! b G 1 iam4C Busch. Mt 1 s',MY. 4ion Rt.rtes :7/ji„ c.:.// .19;41.Wlmess my hind and of eial seal.. ,�,o1aRy o Halal . . : a�J "Pu 8�� : , /%ur�J r `If in��pp�''�� --�smssyA''{ttsen`City and.' II No.933.Rn.3a5. QIST caw slim 4 analog evana,ag,1743 wane Si.Dino,al EOM—Dal 2924X0—nJa SKLD LG SKL10422 WE 2183038-1989 . 001 . I B 1243 REC 0 -8 09/12/89 09:58 S5.00 AR219L568 N.. F 7842 MARY A FEUERSTEIN CLERIC S RECORDER WELD C , CO QUIT l•L,unt DEED TiMS DEED.al.,L h 8th ,1.,,,4 September . 1989 hln:cn WILLIAM C. BUSCH ,n ow '(,, ,Ii,,,l Weld and a.IN•,.1 and WILLIAM C. BUSCH and SALLY R. BUSCH, Tenanl :; in Common h..., Irl•.d..d.hr..,. Route pl . Bo:: 204R, [eeneshure, -... .. .._ u1 110' 1.Nan of Weld anJ half ul i''hn.uLl rid111Cel.I. Ail NI\S1 III I h.d,he I'lallrou.I.tot and in u,n.nln.n lnn.•I she.nn.ul LESS THAN $500.00 - -IN)I,IARS and.,dl...rn.,.dw h.,h..haun...tn..x lydye,I.h., re,u.,d re leas.' '.'Id.„mw•.e,l and Q{II I'tl.AIMED.and by how pm.cnt,J,. CSicnmr hle.rc ,Ii ,.m,c. and IJI II ('1 \IM lnno the granlcc..I, t heir helr',.Icne.ats and x..Ign., • .nl n.r upin, tole. once., .law, .'ii .I.n..nxl s%h..h lb, I lanenl.Tl ha S "' am' I the rein Prue9: . h.f.9hcr wnh 'nlp,m:ns•n1. ,1..,1.,.II...II,.i,lnr and h'nawthe (,null,,,l Weld :In,ISlan - nt The East half (E ) of Section thirty (30) , in Township one (1) North, Range sixty-three (63) West of the 6th P.M. , Weld County, Colorado; Ti,;clhor with one-halt of all of Grantors right and title to all oil, p,:ls and mineral underlying said promises; • ALSO, and together with a two-thirds interest in and to all regisrered irrigation wells 'J0235, ('0236, #0217, located on the East half (E',.) of said Section thirty (30). REAL PRO:'rr:T IFSP:.-4:ri DECLARATION NOT RCLEIVL0 DI CLERK AND RECWUOER CORRECTION DEED 111 11\\1 551) 11,1101 It ihc.mar I.y'e l,n uuh all and,nvnlal Ills erPnr mn.Imr.and pn,deges'trillium Mt ngmg or in an.u..c telc nnu..gq"•I1.unuq•_un all Ow Dials.ul•hl.hi lc .mnr.l and,l.wu sh.u.,r.r1.nt the eummrr N.ether n,lau or Nutt).hl lhr oils pogr,um' Irncw and h..l.a,h, yr anlco.,. t IlCIT I.rn..:nA.n.q•n.h.rcw•: IN WI I NI NS III NI III. I he,•,anmliti haS ,.c,wed Ow.lard on the d.ao torth ahoi' %ITLLIAM C. 'B1YZ1— SIAII III till MAINZ, .. ,urns,t BOULDER Ii.,•hn,•g„InI•,n.1,nnY,.1 x.,..w Llw,P hwh•„n.h•m,ne n,,. nth ,hn.d Scntemhcr .N39, n. William C. Busch. NI .nnnln.,umrynn. June 6, 1'+ 40 P51ne,nn hand and otn,ul'cal :•,. Na 111,KM.140 1)1 1111 UM Pt 11 . SKLD LG SKL10422 WE 2191568-1989 . 001 B 125011! 02198932 11/30/89 16:33 b 1/003 i •RemMedn c- • - F 057 Y ANN MERSTEIN CLERK & ISCORD CO, CO 1 , AR2118432 QUIT CLAIM HISDEED.. // T DEED,Made this /.3/' day A of .1927. behneo Robert J. Busch and n RED � � i L. Busch of the *County of /30t) and State of Colorado.amnions).and William C. Busch and Sally R. Busch vb°selegal address 11 Route No. 1, Box 2048, Keehesburg, 5OJlorado 80643 Carob of Weld and State of Colorado.grantees). WITNESSETH.Thu the grantmts)for and in consideration of the sum of Ten Dollars (810.00) DOLLARS the receipt and sufficiency of which is hereby acknowledged.h81/e RItIXd.released,sold,conned and QUIT CLAIMED,and by these presents do remise release.sell,convey and QUIT CLAIM unto the grantees). their Mfrs.successors and aseign, forever. all the right, title. interest, claim and demand which to grantees)have MS to the real pmoperty,together with p01 I lmprrwements.ifenv.situate.lying and being in ow County of Weld and Staten( 1V Colorado,described es follows: See Exhibit A also known by sweet and number as: 10 HAVE AND TO HOLD the tone.together with ell and singular the appurkwKa and privileges thereud°belonging or in anywise thereunto appertaining,and all the estate.right,Wk.interest and claim whatsoever,of the grantees).either in law orequity.to the only proper use.benefit and beheld of the granteets). their heirs and assigns farmer. W WITNESS WHEREOF.The granted%)ha executed this deed on the date set forth above. aIll:'9&.ca'A— rw1Nn: ±, 1.5.Gt-dd.. Robert J. Buith Rubi L. Busch STATE OF COLORADO, )l v. County of U{� t 1 The&Rgoinginsmsmentwasacknwledgedbeghteme this /3Wr Jiday of AC es ti ,191?. by Robert J. Busch aid Ruhi L. Busch fltsNligi , •F • 4f .1994.Witness my band end official seal. -I. r7�!°l1 Bo t . , ' ,, ; town saw . •If.in Denver.insert-City and." _—. No.933.Rea385 Wm CLAM Olt2D --- O Stallard aagsMag,1043 Max Si..Danner.CO 80202..-13031292.2503—12.115 SKLD LG SKL10422 WE 2198932-1989 . 001 ,_�_„- _ _ _ _ _ _ B 1250 REC 0219s15.:11, 2/003 11/30/89 16:33 F 0573 MARY ANN ERSTEIN CLERK i RECORDER CO, CO • EXHIBIT A TO THE QUIT CLAIM DEED The following described Property: Lot 2, and the E1/2 of the SW1/4, and the SE1/4 of Section 7, also known as the s1/2 of Section 7; and the E1/2 of Section 30, all in Township 1 North, Range 63 West of the 6th P.M. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the Lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236- R, also referred to Final Permit No. 31519-FP, Well Permit No. 235-R, also referred to Final Permit No. 31518-FP, Well Permit No. 237-R, also referred to Final Permit No. 31520-FP, Well Permit No. 13205, and Well Permit No. 69377, and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (A) all interest in the pipeline for irrigation water as reserved in the deed recorded on March 19,1975, as Reception No. 1656259; (B) all interest in the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 1057, Reception No. 01997476, in the offices of the Weld County Clerk and Recorder; and 1 SKLD LG SKL10422 WE 2198932-1989 . 002 s 1250 REC 8932 11/30/89 16:33 a 3/003 F 0574 MAR FEUE:cSTEIN CLERIC & RECORD WELD CO, CO Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; except for an undivided one-half interest in all oil, gas and minerals underlying the E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a deed recorded on Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk and Recorder. 2 SKLD LG SKL10422 WE 2198932-1989 . 003 a-`• - 1250 RECfl936 11/30/69 16:36 x20.00 /004 11RE19A936 - E F 0580 MARY ANN FEDEI:STEIN CLERK 6 RECORDER CO, CO WARRANTY DEED TIDE DEED,Made this 29th dry a November .1989 • iI beaten William C. Busch and Sally R. Busch State Dpm.une Date.041.-1.1212Z— of aaunty of Weld ,State Colorado.manta=and s ..,..cal'Q:..... .....amt. White Mountain Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado whaekgdadheaa White Mountain Ranch, Ltd. c/o One Park Centre 1333 West 120th Avenue, Suite 211 Denver, Colorado 80234 of the county of Weld .sate of CA W°. 'The the Deana,for Ind k consideration oftbe sum of One Million Two Hundred Thousand Dollars $1,200,000.00 DOLLARS, thereccip and wnicicac=of which isbneby eckaowlodpd. ye bargained.solaodcoewred,sad by tesepmanna do pa ha property,together imaowmma, wpm,ea,convey,and confirm,unto the gantea(O,its mans tacwc all thewwith �t•,� U any.situate.lying and being be the Conan: Weld .State ofcota.do, t2 C' •1'r'—' described as follows: See the attached Exhibit A. also known by sues and number as: TOGETHER with all and singder the hemmamema and appunciate ec Matto belonging.a in anywise appertaining,and the:evasion ad tevenion.remainder and remainders.rents.awes and profits tkteot and all the estate.right.tale.b,men,claim and demand whatsoever of the gnanensk either h l law or equity.of In sad to the above bargained premises.with the beaediamonts and appimaaten a. TO HAVE AND TO HOLD the said premises above bagapd and described with the appurtenances.unto the gtanmtsk ItSSUCC gaa means=ever.Aadthesis:norax for them +elves, their ben and personal repesenWaes,do covenant,gna.baph%and area Band with der pantegak its lets and naps.thinat de time of the emnding and delivery ofdeem presents,they were well seized of the premises above conveyed.have good,tae.perfect.absolute and inde=aibk estate of thbentanee,in law. In Inc simple,and have gooddgN,fill par andauthattytogram.bargain.ell and convey die lane in manna and form es aforesaid.and that the same aefle and tear teem dl fanner and other er Web.bergalm.sales,bens,axea,asearmeas.encumbrances.and re atcdmeof*hewer luador nahee stover. except See the attached Exhibit A. The pantast ITARRANTAND FOREVER DEFEND the bembangStd pmrntismm the qua and p oeabkpmrnriesofthe ganteask Its assigns.aplomb sodomy person'macrame lawfully cisimhgthe wboleamy pat meta. IN WITNESSWHEREOF.the rantor gnaw ha ye executed the deed on the date t+ct forth above. ai CrS8usen e t` 8 ' Jemaity edruscfl . a•.t.nt..0 STATE OF COLORADO Coady of Weld } is. The foregoing Instrument was acknowledged before me this 29th day.of November .19139 by William C. BuSC,N and Sally R. Busch My commissianefplies..,•.cDpcembar 1, 1990 'Anna my hand and official sal. '2%`•.• �•a'fa.-rte 1 wan'taa 1 n : '�' 1113 10th Avenue �1, Greeley, Colorado 80631 I elf in Dmwr,hWti"Cay ti . No.932.Rev.34s. timmuun'NED gWflaea,par Worth areas hatiaa:yet watt at.Dom.CO 50:02—IJm)293:Ne—nA SKLD LG SKL10422 WE 2198936-1989 . 001 ____ B 1250 REc 98936 11/30/89 16:36 .00 2/004 F 0581 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO ECHIBIT A TO THE WARRANTY DEED The following described Property; Lot 2, and the E1/2 of the SW1/4, and the SE1/4 of Section 7, also known as the S1/2 of Section 7; and the E1/2 of Section 30, all in Township 1 North, Range 63 West of the 6th P.M. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236- R, also referred to Final Permit No. 31519-FP, Well Permit No. 235-R, also referred to Final Permit No. 31518-FP, Well Permit No. 237-R, also referred to Final Permit No. 31520-FP, Well Permit No. 13205, and well Permit No. 69377, and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of Ovate?. off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (A) the pipeline for irrigation water as reserved in the deed recorded on March 19,1975, as Reception No. 1656259: (B) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 1057, Reception Ngg. 01997476, in the offices of the Weld County ";Clerk and Recordei and 4 , Saide i'a.- 's .x4441$1,��`44.4 di . d,c✓a••• rec.ec4J%b�a"y �e,J�lsl JO A' R..k 6714# Gdsa/it rM M..,a s-, 1370 i t /,T. a/c 6.2./ ♦. �Lr . i ,( /synod AV" a-, frcesik 4r.r%dew,.fr) SKLD LG SKL10422 WE 2198936-1989 . 002 • B 1250 REC 0936 11/30/89 16136 *AO 3/004 F 0582 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980, and recorded October 30, 1980 in Book 918 as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S. , by Griffin Oil and Gas Inc. , and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil 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 Extension of Oil and Gas Lease dated February 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas and minerals underlying the E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a deed recorded on Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk and Recorder. The Property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) 2. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128. (Affects S1/2 of Section 7) 3. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United 10606 SKLD LG SKL10422 WE 2198936-1989 . 003 B 1250 REC 198936 11/30/89 16:36 J0 4/004 . • F 0583 NARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO States, in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects NE1/4 Section 30) 4. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 5. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, as granted to the United States of America by Allen G. Abbott, in the Instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the following described property: Beginning at a point on the West line of said NE1/4, Section 30, being 1421 feet South of the North quarter-corner of said Section 30; thence S89.57'E a distance of 2717.3 feet, more or less, to a point on the East line of said NE1/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described centerline. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc. , recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1961 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300. Grantor further reserves the right (1) to remain in possession of the principal residence through February 28, 1990, without payment of rent to the Grantee, (2) to remain in possession of the secondary residence through February 28, 1990, without payment of rent to the Grantee, (3) to store crops harvested from the above-described land during 1989 in the storage facilities located on the land until April 1, 1990, (4) to store farm equipment on the above-described land and conduct a sale of the farm equipment on the above-described land until March 1, 1990. Grantor shall bear al) risk of loss, damage or injury associated with the use of the above-described land after the date of this Warranty Deed. Wee 3 o�l� SKLD LG SKL10422 WE 2198936-1989 . 004 ER021270'1 13 F 126 02212709 05/03/90 16227 1/030 F 000 AWN FEDERSTEIN cLERE t RECO LD CO. CO WARRANTY DEED I TRW DEED,aeS Ni. 16th (wog Anri 1 .m 90 . bm...RWhite Mountain Ranch, a limite0 partnership oeganiz I, I and existing under the laws of the State of Nevada and . StateDoaieientigyFee I, ti-Lip I registered and doing business in Colorado as Colorado Date White Mountain Ranch, Ltd. we a. ' S...,Ss/4. A i- ', Calmly a cd.w mlr sr Adams .s ..awe al I c/41,91. Eagle Peak Farms, Ltd., a Color.4o limited partnership P ,..a_ g i wm,w kgel map.k c/o One Park Centre _ •I 1339 West 120th Avenue, Suite 211 Denver, Colorado 80234 I1 I .; of the caatyof Adams .Haw d bti ae tsaaa gdaaat I wrrelseuETx,Tharp■ eAkkkrrdmwaiSww.eae abal Four Million Seventy-Four Thousand and Two Hundred Twenty Dollar' ($4,074,220.00) eawwah..- '1 I de retaiptadalmnemyW Mach Maltby a►amkdg.d Is Ssuce�'Mi as S adta.eed,aolhyrwrle,arsass pie i earner,wit Heavy,and eaam a l. Ite sisal. Its aver Mae. .e dainty.term OR kyraenead, I1 deny.Meat reap and brew In He cam.f Weld .Siam Mrtbtaada, 1' Scribal a Milord: i See the attached Exhibit A. i{ III I; II • I epulsamby=aaaaaaaaaaw I I TOGETHER web ad ad tote art(atone s i tat m nai e•Mama bebop*or Si artist gyatiaeb.al at aa.mmn is • i medians,reminder a.d ew4afrn.we,mon awl pieties Minot ad all the ewer ape.Ilk.rend.aim are demand wbaane*Ober I pwaatat caner Si IS Of ej.hy.at in ad on the dare bstpatd pe.isea.wee ere haadimaelnt awl applawaancer. r eepca 5 roaAYe ANDropaw.e sad p�e��a�ee�j.�a,,M��e�.l�ala+eaadaa�dda.�ew.��h 4��epp�a12Mpp!�e��p1f1gga��M�n__mepaeM�rst its whin beam Andmrgramatst tor SEa[3.tfficrit..s $DC �aa.eaalaaaaaaS 5 a,elua.mot,bawls.and *pet to sod with the pawecax Its WpfcGi mare a,mdasataFeya..disayaN.spetetes. it is 'iell tekeaot the{remises above moaned.ea prod.ae.perfect.obsolete wad isdeferale mem of irbbaaro.H Ism is fee simple.sad ;j hit good tight,fell pwad aahaMysapaa.Lutes.yen stormy Henn naIaaad lien asaerma,R sad due He same=ice ii and Hear nue all tamer Wetter a.gr tmqt.s.,ale,.Is,,wet.awCZ.aat%aa:ara d a M1oe.awiawsdwhi e et rkidar ma soma. I I estlt I 1 II II See the attached Exhibit A. il it 11 �i 1 j Dee g s sl shallad wwill MARRANC AND FOREVER DEFEND the aw.MagSS pietismpietismHike gaaamd pemble posses of ER '1 Il poocotsl, it Ir and merger.yai st ad'Sassy asa y pewpamastaadallyadawa,pthe.rnearaasfst Owed It 1 II IN WITNESS WHEREOF,the pomels)bs amcnd dais deed era the dam net forth awe- ij White Mountain Ranch, a limited partnership ll !organized and existing urder the laws of the State of Nevada and registered and doing I' business in Colorado as Colorado White 1 Mountain Ranch, Ltd. By: Ys rL-- _1 Ni 'tam M. Weaver, Jr. General Pad ne,fiA�Dp New York I %- I1 Coital-of I The fwegene inelegant.m arII aavkd€ed hbc ibis I b'' da.d i1•;: : .19 int I I U by William M. Weaver, Jr., as General Partner of White Mountain Ranch, a limited *j My tvmntss4w expaes saws my bad ad official sni. I ;. *partnership organized and existing under the laws of the S f Nevada and it registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. ' II j elf in 0.v rr.invert"City and-_ rum AWZZO III____ Nosy Mete,Steer of Nov`reek .—__No_7eaa2t-,mg No.932.Re..345. N.RRAMT DEED afar 1basgn1 Reset Canmissiai Expimu Sept.33,1990 tre SKLD LG SKL10422 WE 2212709-1990 . 001 ro_css B 1263 REC 0229 05/03/90 16:27 6 2/030 P 0002 NARY ANN imam CLEWS i RECO WELD CO, CO EXHIBIT A TO THE WARRANTY DEED The property shall include the following: PARCEL A. : Parcel 1: Lot B of Recorded Exemption No. 1477-3O-2- RE564, recorded August 10, 1982 in Book 971, Reception No. 1900026, being a pert of the W1/2 of the W1/2 of Section 30, Township 1 North, Range 63 Vest of the 6th P.M. , Weld County, Colorado. Parcel 2: The W1/2 of Section 29, Township 1 North, Range 63 West of the 6th P.N., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery: and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by Well Permit No. 464-FP (former Permit No. 464R), Well Permit No, 467-FP (former Permit No. 467R), Well Permit No. 8533-FP (former Permit No. 8533R), well Permit Hr. 8534-FP (former Permit No. 8534R), and Well Permit No. 8535-FP (former Permit No. 8535R); and All interest in the eienrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; The water rights represented by Well Permit No. 30635 and Well Permit No. 135893-A (former Permit No. 135893). Including any and all easements and rights-of-way associated with the water land water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and SKLD LG SKL10422 WE 2212709-1990 . 002 B 1263 REC 0709 05/03/90 16:277 AMII0.00 3/030 F 0003 MARY RRN FEOERSTEIN CLERK & RECORDER WILD CO, CO other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoinc property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravci, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to: (a) All interest in the Oil and Gas Lease between Johnnie Jakal, Robert T. Jakel and James R. Jakel, as Lessors, and Energy Minerals Corporation, Lessee, for a primary term of three (3) months dated February 5, 1981, and recorded February 10, 1981 in Book 927 as Reception No. 1849265; and the extension of said Lease as claimed by Affidavit of Lease Extension or Production, filed pursuant to Section 38-42-106, C.R.S. , by Energy Minerals Corporation, dated June 8, 1981, and recorded June 15, 1981 in Book 938 as Reception No. 1860496 (covering the W1/2 of W1/2, Section 30); (b) All interest in the Surface Lease between William H. Bell, Lessor, and Crystal Oil Company, Lessee, for a primary term of two (2) years, and thereafter on a year to year basis, dated May 18, 1981, and recorded August 14, 1981 in Book 944 as Reception No. 1866275 (parcel of land in the SW1/4 of Section 29); (c) All interest in the Surface Lease between William H. Bell, Lessor, and Damson 0 .1 Corporation, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated April 14. 1982 and recorded October r . 1982 in Book 979, Reception No. 01905324 (parcel of land in the SW1/4 of Section 29); (d) All interest in the Surface Lease between William H. Bell, Lessor, and Damson Oil Company, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated May 6, 1982, and recorded October 4, 1982 in Hook 979, Reception No. 01905323 (parcel of land in the SW1/4 of Section 29); (e) All interest in the Surface Owner's Agreement between William H. and Carol C. Bell, Lessors, and Champlin Petroleum Company, Lessee, for a period of one (1 ) year or longer, dated September 30, 1983 and recorded November 30, 1983 2 SKLD LG SKL10422 WE 2212709-1990 . 003 13 12631, 02212709 05/03/90 o1 *150.00 4/030 P 0004Y ANN FEUERSTEIN CLE RECORDER WELD CO, CO in Book 1014, Reception No. 01948340 (covering the NW1/4 c Section 29) 1 ( f) Any and all after-acquired rights, interest at reversions to said minerals, including but not limited tc mineral rights to revert to surface owner fifteen ( 15) years frc August 20, 1982, as reserved by James R. Jabal and Saran R. Jake in the Deed to William H. Bell and Carol C. Bell, recorded Augut 20, 1982 in Book 975, option No. 1901408, and mineral righi to revert to surface owner twenty (20) years from March 28, 1974 pursuant to a Warranty Deed from Doris L. Abbott to LOU Schlegel and Alberta J. Schlegel, recorded April 3, 1974 in Boc 711, Reception No. 1633293. The property is subject to the fo3lowing restrictions at limitations: 1 . Rights of way for County Roads thirty (30) feet wide c each side of Section and Township lines, as establish( by Order of the Board of County Commissioners for We] County, recorded ')ctober 14. 1889, in Book 86 at Pal 273. (affects Parcels 1 and 2) 2. Easements on behalf of Mountain Bell Telephone Compan, recorded October 1, 1981 in Book 949 as Reception Nc 1870705; Colorado Interstate Gas Company, record August 31, 1984 in Book 1041 as Reception No. 1979784 Associated Natural Gas, Inc. , recorded April 10, 191 in Book 1229 as Reception No. 2175917; Public Servic Company of Colorado, recorded November 9, 1981 in Boc 952 as Reception No. 1874084; Western Slope G: Company, recorded March 9, 1983 in Book 990 Reception No. 1919757; and Western Gas Supply Compan; recorded April 2, 1985 in book 1063 as Reception Nc 2004300. (affects Parcels 1 and 2) 3. K .servation of right of way for any ditches or canal constructed by authority of United States,. in U. Patent recorded April 26. 1926 in Book 460 at Page 15? (affects Parcel 1) 4. The Distributing Ditch, and any and all rights of w< therefor, as evidenced by Map and Statement file August 24, 1911 as Filing No. 169692, insofar as tl same may affect subject property. (Affects Parcel 1 ) 5. Easement and right of way to ccastruct, operate al maintain an electric transmission line, with all pole: cross arms, cables, wires, guys, supports, fixtures a: devices, used or useful in the operation of said line 3 SKLD LG SKL10422 WE 2212709-1990 . 004 8 1263 REC 022127tig 05/03/90 16:27 6150.0 5/030 P 0005 MARY ANN PEIJERSTEIN CLERK 6 RECORDtR WELD CO, CO as granted to The United States of America by John Jakel and Lavern Has Jakel, in the instrument recorded April 21, 1951 in Hook 1301 at Page 112, affecting the following described property: The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the Vest line of said NW1/4, Section 25, being 1374 feet South of the Northwest corner of said Section 25; thence 889.57'E a distance of 2645 feet, more or less, to a point on the East line of said hWl/4, being 1388.6 feet South of the North quarter-corner of said Section 25. Beginning again at a point on the Vest line of said W1/2 NW1/4, Section 30, being 1305.5 fast South of the Northwest corner of said Section 30; thence S89.57'E a distance of 1303.7 feet, more or less, to a point on the last line of said N1/2 NW1/4, being 1363.3 feet South of the North line of said Section 30, whence the Northwest corner of said Section 30 bears N45.00'W 1848 feet. Said easement being 37.5 feet of either side of the above centerline. (Affects Parcel 1 ) 6. All Mineral Rights not previously reserved to revert to Surface Owner 15 years from August 20, 1982, as reserved by James R. Jakel and Reran L. Jakel in the Deed to Ni.liam H. Sell and Carol C. Bell, recorded August 20, 1982 in Book 975 as Inception No. 1901408, and any interests therein or rights thereunder. (Affects Parcel 1) 7. Reservations by the Union Pacific Land Company of (1) all oil, coal and other minerals underlying subject property, (2; the exclusive right to prospect for, mine and remove oil, coal and other minerals. and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September 18, 1908 in Book 233 at Page 163. (affects Parcel 2) 8. All rights of way for all reservoirs, canals, waterways and ditches that are now upon said premises cr any part thereof, together with tae right to operate, maintain and repair the sane; also the right to construct, operate and maintain over, upon or across said land 4 SKLD LG SKL10422 WE 2212709-1990 . 005 B 1 02212709 05/03/90 160 0150.00 6/030 F 00 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO. CO such canals, ditches, laterals and waterways of such dimensions and capacities as may be required for the proper irrigation of other lands, now owned by the first party, together with the right of ingress and egress along, upon, over, and to and from said canals, ditches, laterals and waterways, as reserved by Chicago Title and Trust Company by instruments recorded April 26, 1928, in Book 847 at Pegs 203 (Affects SW1/4 SW1/4 Section 29)t recorded April 26, 1928, in Book 847, at Page 204 (Affects NW1/4 SWI/4 Section 29): and recorded August 17, 1932. in Book 936, at Page 124 (Affects NW1/4 and 61/2 SW1/4 Section 29). (Affects Parcel 2) 9. Easement and right of way to construct, operate and maintain an electric transmission line, w',th all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, as granted to The United States of America by Viola D. Sargent, in the instrument recorded March 30, 1951 in Book 1299 at Page )89, affecting the following described property: The South half of the Northwest quarter (S1/2 NW1/4), Section 29, Township 1 North, Range 63 West of the 6th Principal Meridian. The centerline of the route of said line of poles end wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said S1/2 NW1/4, Section 29, being 1434.5 feet South of the Northwest corner of said Section 29: thence South 89.55' East a distance of 2686.6 feet, more or lest, to a point on the East line of said S?r2 NW1/4, being 1439 feet South of the North Quarter-corner of said Section 29. Said Easement being 37 .5 feet of either side c.f the hereinabove described centerline. (Affects Parcel 2) 10. A Deed of Trust from William H. Bell end Carol C. Bell to the Public Trustee of Weld County, Colorado for the use of the Federal Land Bank of Wichita, Wichita, Kansas, to secure a promissory note in the amount of Five Hundred Fifty-Six Thousand Dollars (S556,000.00), dated August 17, 1982 and recorded August 20, 1982 in Book 975, Reception No. 1901405. (Affects Parcels 1 and 2) 5 SKLD LG SKL10422 WE 2212709-1990 . 006 B 12yasifC 02212709 05/03/90 7 8150.00 7/030 F 00mRy ANN FEUERSTEIN CLSi RECORDER WELD CI), CO 11 . Security interest under the Uniform Commercial Code affecting the subject property as indicated by a Financing Statement from William H. Bell and Carol C. Bell, debtors, to the Federal Land Bank of Wichita, secured party, filed August 20, 1982 as Filing No. U0176573 and recorded August 20, 1982 in Book 0975, Reception No. 01901410. (Affects Parcels 1 and 2) PARCEL B. : Parcel 1: The SW1/4 of Section 18, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Parcel 2: The NB1/4 of Section 24, Township t North, Range 64 West of the 6th P.M. , Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes an4 buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights. both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: All interest in the. Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; and All interest in the small capacity wells represented by Permit Nos. 81267 and 81268, and any other wells located on, or appurtenant to, the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; 5 SKLD LG SKL10422 WE 2212709-1990 . 007 B 1263 ROC 0221illt 05/03/90 16:27 Sls _ 8/030 F 0008 NARY ANN 'MEIN CLERE i RECORD CO, CO Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property: and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, ell oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that sight be produced from the described lands, now owned or hereafter acquired; including, but not limited tam All right, title and interest in the Oil and Gas Lease between William H. Bell and Caret C. Bell, Lessors, and Mormon Oil and Gas Company, Lessee, for a primary term of two (2) years* dated March 1, 1981 and recorded April 7, 1981 in Book 932 as Reception No. 1854477; and the extension of said Oil and Gas Lease as claimed by the Affidavit filed pursuant to Section 38-42-106, C.R.S. , by Carl A. Houy, dated November 19, 1982 and recorded November 29, 1982 in Book 982 as Reception No. 1909811; and All right* title and interest in the Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term of three (3) years, dated August 31, 1981 and recorded September 21, 1981 in B ok 948 as Reception No. 1869682. The property is subject to the following restrictions and liutitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 85 at Page 277:. (Affects Parcels 1 and 2) 2. An undivided 1/2 of all oil, gas and other minerals, and mineral rights as reserved by The Federal Land Bank of Wichita in the Deed to Orville B. Shaklee, recorded August 28, 1942 in Book 1098 at Page 97, and any interests therein or rights thereunder. (Affects Parcel 2) 3. Reservation cf right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded March 8, 1S17 in Book 460 at Page 10, 7 SKLD LG SKL10422 WE 2212709-1990 . 008 B 1263 Rr.C 011101119 05/03/90 16:27 0 9/030 F 0009 MARY SUERSTEIN CLERK. I RECO CO, CO (affects Parcel 1) and recorded April 19, 1916 in Book 385, at Page 164. (Affects Parcel 2) . 4. Right of way 50 feet wide as granted to The Chicago Burlington and Quincy Railroad Company by Right of Way Deed recorded July 9, 1925 in Book 779 at Page 242. NOTE: Said right of way is on the Southerly side of and adjoining the center line of the beet spur tract as now surveyed over and across said land. (Affects Parcel 1) 5. Existing railroad right of way as evidenced by right of way deed recorded July 9, 1925 in Book 779 at Page 242, the exact location is not disclosed of record. (Affects Parcel 1) 6. The Shaklee Ditches and a right of way therefor, as evidenced by map filed December 27, 1927 in Book 6 of Maps at Page 93. (Affecto Parcel 1 ) 7. Right of way 50 feet in width along the North line of said quarter section to the C.B. and Q. Railroad Company as same is now located, reserved in Deed from First National Bank of Greeley, Colorado, Trustee to LeRoy Schlegel and Alberta J. Schlegel, recorded December 28, 1973, in Book 705 as Reception No. 1627422. (Affects Parcel 1) 8. Oil and gas lease between William H. Bell and Carol C. Bell and Mormac Oil. and Gas Co. . Denver, Colorado dated March 1, 1981, recorded April 7, 1981 in Book 932 as Reception No. 1854477, and any interests therein or rights thereunder. (Affects Parcel 1 ) NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to Section 118-13-6, C.R.S. 1963, now referred to as Section 38-42-106, C.R.S. , by Carl A. Houy, recorded November 29, 1982 in Book 982 as Reception No. 1!09811. 9. Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term cf three (3) years, dated August 31, 1981 and recorded Septcmtnr 21, 1981 in Book 948 as Reception No. 1869682, and any interests therein or rights thereunder. (Affects Parcel 1) 8 SKLD LG SKL10422 WE 2212709-1990 . 009 B 1263 REC 02212 05/03/90 16:27 4150. 10/030 F 0010 MARY ANN RSTEIN CLERK i RECORDER CO, CO 10. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Five Hundred Fifty-Six Thousand Dollars (8556,000.00), dated August 17, 1982 and recorded August 20, 1982 in Bo3k 975 as Reception No. 1901409. (Affects Parcels 1 and 2) 11 . Deed of Trust from William H. Bel_ and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Two Hundred Eleven Thousand Dollars (8211,000.00), dated March 26, 1984 and recorded April 12, 1984 in Book 1026 as Reception No. 1962842. (Affects Parcels 1 and 2) 12. Agreement for Pipe Line Across Right of Way between Chicago, Burlington & Quincy Railroad Company and Robert J. Busch recorded on February 4, 1985 in Book 1057 under Reception No. 1997476. ( (Affects Parcel 1 ) PARCEL C. : Parcel 1: Lot 2, and the 81/2 of the SW1/4, and the SE1/4 of Section 7, also known as the 51/2 of Section 7, Township 1 North, Ranga 63 West of the 6th P.M. , Weld County, Colorado. Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Parcel 3: A perpetual right of way and easement over and across the West 16 feet of the SE1/4 of Section 18, the West 16 feet of the NE1/4 of Section 18, and the West 16 feet of the El/2 of Section 19, all in Township 1 North, Range 63 West of the 6th P.M. , for the purpose of installing, operating and maintaining thereon a water transmission pipeline. Together with all and singular, the hereditawents and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or 9 SKLD LG SKL10422 WE 2212709-1990 . 010 B 1263 REC 022120 05/03/90 16:27 9151,111011/030 F 0011 MARY ANN MEIN CLARK i RIPCORDSCO, CO used on the lands herein described, including but nn: limited to the followings the water rights represented by Well Permit No. 236- R, also referred to as Final Permit No. 31519-FP, Well Permit No. 235-R, also referred to as Final Permit No. 31518-FP, Well Permit No. 237-R, also referred to as Final Permit No. 3 '20-FP, Well Permit No. 13205, and Well Permit No. 69377, and all interest in the Nenrylyn 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 nssociated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversior structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on tht Property, and specifically including. (A) the pipeline for irrigation watt as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 1057, Reception Nu. 019?7476, in the offices of the Weld County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, and March 5, 1970 in Book 621 as Recepticn No. 1543408, and any applicable amendments; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980, and recorded October 30, 1980 in Book 918 as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S. , by Griffin Oil and Gas, Inc. , and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil 10 SKLD LG SKL10422 WE 2212709-1990 . 011 B 1263 REC 02212709 3/90 16:27 (150.002/030 F 0012 NARY ANN YEUERSTEXN CLERK i RECORDER WELD CO. CO and Gas Least dated November 21, 1980 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch, and the Extension of Oil and Gas Lease dated February 8, 1982 end signed by William C. Busch and Sally R. Busch and Robert 3. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas and minerals underlying the E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a dead recorded in Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk acid Recorder. The Property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 (Affects all of subject property) 2. Reservations by the Union Pioific Railroad Company of (1 ) 311 oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and :move oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128. (Affects 51/2 of Section 7) 3. Reservations of ( 1 ) right of proprietor of any penetrating vein or lode to extract his ore: and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects NE1/4 Section 30) 4. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SEI/4 Section 30) 5. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, as granted to the United States of America by Allen G. Abbott, in the .instrument recorded March 15. 1951 in Book 1297 at Page 529, affecting the following described property: 11 SKLD LG SKL10422 WE 2212709-1990 . 012 B 1263 REC 022 9 05/03/90 16;27 11 13/030 F 0013 MARY ANtBERSTEIN CLERIC 6 RECORD CO, CO Beginning at a point on the West line of ',aid NE1/4, Section 30, being 1421 feet South of the North quarter-corner of said Section 301 thence 689'57'E a distance of 2717.3 feet, more or less, to a point on the East line of said NE1/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the helain above described centerline. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Bock 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc. , recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004310. 7. Deed of Trust from White Mountain Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. , to the public Trustee of Weld County, Colorado, for the use and benefit of William C. Busch and Sally R. Busch, dated November 29, 1984, to secure a promissory note in the principal amount of S600,000.00, and recorded November 30, 1989 in Book 1250, Reception No. 2198938. 8. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. patent recorded June 19, 1918 in Book 507 at page 37 (Affects NE1/4 Section 18), and in U.S. patent recorded November 6. 1924 in Book 668 at page 148 (Affects SE1/4 Section 18). 9. Right of way to construct an irrigation ditch granted to Harry F. Flock by Mamie Johnson, Administratrix of the Estate of Peter E. Johnson, deceased, and. Fred R. Wright, Mortgagee by Assignment, by Right of Way Deed recorded April 7, 1943 iv' Book 1108 at Page 228. (Affects NEI/4 Section 18) 12 SKLD LG SKL10422 WE 2212709-1990 . 013 B 1263 REC 027aj,9 05/03/90 16:27 57�j 10 14/030 F 0014 MARY R UERSTEIN CLERK 6 RECORI,JSLD CO, CO 10. &nervation of oil, coal and other minerals and rights of ingress and egress es reserved by Union Pacific Railroad Company in Deed to the Western Land Company, recorded September 18, 1908 in Book 233 at Page 163. (Affects E1/2, Section 19) 11. The right to construct, operate and maintain water conveyance facilities as reserved by Chicago Title and Trust Company as Trustee in the Deed recorded August 17, 1932 in Book 936 at Page 124. (Affects E1/2 of Section 19) 12. Mortgage from Chicago, Burlington & Quincy Rsilroad Company to The First Nation Bank of the City of New York and Frazier L. Ford, Trustee, recorded February 20, 1922 an Book 672 at Page 154, and Mortgage from Burlington N3rthern, Inc. to Morgan. Guaranty Trust Company of New York and Jacob M. Ford, II, Trustees, recorded Marcn 5, 1970 in book 621 as Reception No. 1543408. (Affects E1/2 of Section 18 ) PARCEL D. :. Parcel 1: All that part of Section 27, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation District by deed recorded June 9, • 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27, running thence East along the North line of said Section for a distance of 820 feet, thence South 1060 feet, thence West 820 feet, thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. Parcel 2: The SW1/4 of Section 22, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado EXCEPTING THEREFROM a parcel of land reserved in Deed recorded January 9, 1946 in Book 1169 at Page 65, being more particularly described as follows: A strip of land 100 feet wide, BEGINNING at the Northwest end of the Olds Reservoir embankment on the SW1/4 of the Section 22, and extending along the outer line of the right of way for the reservoir to the Southeast end of said embarkment, 13 SKLD LG SKL10422 WE 2212709-1990 . 014 B 1263 REC 022M9 05/03/90 16:27 nip. 15/030 F 0015 MARY A FEDERSTEIN CLERK i RSCORD WELD CO, CO thence along the East side of said reservoir site to the South line of the SW1/4 of said Section 22. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and . Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the follow-ring: The water rights represented by Well Permit No. 12123- FP (former Permit No. 12123-R), Well Permit No. 12124- FP ( former Permit Na. 12124-R), the Carder-Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 15, 1953 in Book 1352 at Page 249 (Affects Section 27); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and alt personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character owned by the grantor, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; and 14 SKLD LG SKL10422 WE 2212709-1990 . 015 8 1263 AEC 221 90 16127 615ftilli__ 16/030 7 0016 MARY OAIN ERSTBIN�CLL►R) 6 RECORD CO. CO Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder and Vaster Carder and W. H. Bright and John D. Bright, as recorded on January 20, 1940 in Bork 1056 at Page 119. The Property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 36 at Page 273. (Affects Section 27 and the SW1/4 of Section 22) 2. Reservation of right of way for any ditches or canals constructed by authority of United States, in U. S. Patent recorded September 11, 1923 in Book 677 at Page 47. (Affects 5111/4 Section 22) 3. Reservations by the Union Pacific Land Company of (1 ) all oil, coal and other minerals underlyiag subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and tigress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. (Affects Section 27) 4. Easement and right of way for Olds Reservoir, as contained in Deed recorded February 25, 1929, in Book 861, at Page 431, in which the specific location is not defined. (Affects SW1/4 Section 22) 5. Easement and right of way for construction, use and maintenance of an irrigation ditch, and ingress and egress and regress, from ditch and pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrt•ment recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Page 249, of said deeds, in which the specific location of the easement is not defined. (Affects Section 27) 6. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 7. Easement and right of vay to construct, operate and maintain an electric transmission line, as granted to 15 SKLD LG SKL10422 WE 2212709-1990 . 016 8 1263 REC 022140, 05,03/90 16:27 b1501, 17/030 F 0017 MARY ANN ERSTEIN CLERK i RECORDER CO, CO the United States of America by Vests: Carder and Lucile Carder, Keenesburq. Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437, effecting the following described property: The South half of the Northwest quarter, and that part of the Northeast Quarter lying North and West of Prospect Lateral, Section 27, Township 1 North, Range 63 West of the 6th P.M. The center line of the route of said line cf poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said 81/2 NW1/4, Section 27, being 1463 filet South of the Northwest corner of said Section 27; thence South 89.54' East a distance of 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69'39' West 4226 feet. Said easement being 37.5 feet on either side of the centerline. 8. The property is also subject to the following easements, the precise location of which is not specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception 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 Reception No. 2175917; (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757; and (f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL E. : The East Half of the Northeast Quarter (E1/2 NE1/4) of Section 26, Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Together with all and singular, the hereditam4nts and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other 16 SKLD LG SKL10422 WE 2212709-1990 . 017 8 1263 REC iiipp709 05/03/90 16:27 0.00 18/030 F 0018 MARY FEUERSTEIN CLERK & REC R WELD CO, CO homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: An undivided one-third interest in and to the water rights and irrigation walls designated by Well Permit No. 31537-FP ( former Permit No. 5854-R, also known as Permit No. 5854) , and Well Permit No. 31538-FP (former Permit No. 5856-R, also known as Permit No. 5856-RF), and all interest in Well Permit No. 5855-R (also known as Permit No. 5855); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-Of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, but not limited to, all right, title and interest in and to the Agreement between Larry M^wery and Alfred Cuykendall, dated October 7, 1986, and recorded on October 9, 1986, in Book 1131, Reception No. 02072717, of the Books and Records of the Weld County Clerk and Recorder; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired, except those listed under the reservations and limitations below. 17 SKLD LG SKL10422 WE 2212709-1990 . 018 B 1263 8. 212709 05/03/90 16:27 I*0.00 19;030 7 0019 MARY ANN FEOERSTEIN CLERK 4 RECORDER WELD CO, CO The property is subject to the followi.ag reservations and limitations: 1. Mineral Deed from Kathryn Dailey as Personal Representative of the Estate of Daniel H. Dailey to Kathryn S. Dailey recurded December 27, 1983 in Book 1016, under Reception Number 1951079, Weld County Records, in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. 2. Deed of Conveyance from Maurice Dailey to Dailey Royalties, .c., an Illinois Corporation dated July 8, 1985, and recorded July 19, 1985 in Book 1077, under Reception Number 2017646, Wild County Records. 3. Mineral Deed from Arthur Bryan Hall to Arthur Bryan Hall, Jr. , an undivided 1/2 interest, and Jana Margaret Hall, an undivided 1/2 interest, effective December 31, 1986, and recorded January 26, 1987 in Book 1143, under Reception Number 2086041, Weld County Records. 4. Reservation as contained in instrument from Paul R. Cuykendall and Anne L. Cuykendall, as recorded January 28, 1976 in Book 758 under Reception No. 1679976, Weld County Records, which is as follows: "Reserving, however, unto the grantor all of the oil, gas, and other minerals lying in, upon, and under said premises together with the right of ingress and egress to prospect for and production of the same." 5. Right of Way granted to Western Slope Gas Company, a Colorado corporation, by instrument recorded April 10, 1981 in Book 933, under Reception Number 1854831, Weld County Records. 6. Mineral Deed from Christine McDannald Hall to Arthur Bryan Hcll, an undivided 1/3 interest, Farris McDannald Hall, an undivided 1/3 interest and Elizabeth Hall Walker an undivided 1/3 interest, recorded October 14, 1976 in Book 779, under Reception No. 1701243, Weld County Records. 7. Mineral Deed from Mary Little McDannald to Mary sue McDannald Carlson and Robert Morris McDannald, Jr. , recorded February 13, 1975 in Book 759 under Reception Number 1681180, Weld County Records. 8. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by 18 SKLD LG SKL10422 WE 2212709-1990 . 019 B 1263 REC 0221 05/03/90 16:27 *15 20/030 P0020 MARY ANN ERSTEIN CLERK 4 RECORD the Board of County Commissioners for Weld County, recorded October 14. 1889 in Book 86 at Page 273, Weld County Records. 9. Right of way for ditches or canals constructed by the authorStates i Patent ty of t recorded July 13,he United States, a19O4s sin Book rved in United 132 at Page 89. 10. Deed of Trust from Whits Mountain Ranch, a limited partnership organized and existing under the laws of the Strte of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. , and Eagle Peak Farms, Ltd. , a Colorado limited partnership, for the benefit of Larry Mcwery, dated April 5, 1990, to secure a promissory note in the principal amount of 870,000.00. 11 . The property is also subject to the following general notices of underground facilities that have been filed pursuant to Section 9-1.`..-103, C.R.S. : a) Mountain Bell Telepho Reception n, c recorded October 1, tai in Book 949 b) Associated Natural Gas, Inc. , recorded July 20, 1984 in Book 1037 as Reception No. 110. August c) Colorado Interstate Gas Company, recorded 31, 1984 in Book 1041 as Reception No. 1979784. Pubd November ic 9,ervice 9, 1961 0 in Company of 952oasr recorded Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2OO43OO. PARCEL F. : An undivided 67% interest in the following: Parcel 1: All of the Northwest Quarter of the Northwest Quarter (Nof 114 6th 4P) f Section on�a32, Townshida2 North, Range Parcel 2: The South Half of tie Northwest Quarter (S1/2 NW1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Parcel 3: All of the North Half (N1/2) of Section 23, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado. 19 SKLD LG SKL10422 WE 2212709-1990 . 020 0 7 0 F 1263 EEC 072127 OTEIN/9CLERK6: R2 RDER�O CO, CO03 F 0021 MARY ANN Parcel 4: The North 16-1/2 feet of the Southeast Quarter (SE1/4) of Section 22, Township 1 North, Range 63 West o€ the 6th P.M. , Weld County, Colorado. Parcel 5s A part of the Northeast Quarter of the Southwest Qu63 arter West (of 1/4 the 6th/ )P.Section `.,'t mere 32, particularply described Range follows: Beginning at the center of said Section 32; thence West along the North line of the Southwest Quarter of Section 32, 948.0 feet; thence South 56.17'20" East, 267.0 feet; thence South 73.22'10" East, 757.2 feet to the East line of the Southwest Quarter (SW1/4) of Section 32; thence North 89.56'30" East along said East line of Southwest Quarter (SW1/4) of Section 32, 365.0 feet to the point of beginning, containing 4.66 acres, more or less. Together with all and singular, the hered'.taments and appurtenances thereto belonging, or in anywira appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and specifically including without limitation the following mobile homes: 1972 Westchester Mobile Home, VIN W65C2D05'i1327R, Title No. E502688 (also referred to as a 12 x 70 Westchester Mobile Home); 1969 Town and Country Mobile Home, VIN 601211763, Purged Title No. 03E388186 (also referred to as a 12 x 60 mobile home); and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designeted and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by irrigation well Permit No. 31526-FP (former Permit No. 4477-R)_ which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4477, in the District Court for Weld County, Colorado, Civil Action No. 1670A, No. 382 20 SKLD LG SKL10422 WE 2212709-1990 . 021 0 F 0022 02212709 N/9CLERK6 2 •0 iRECORDER0 /030 CO by the Findings and Decree dated March 26, 1971, and by irrigation well Permit No. 31527-FP (former Permit No. 4478-R ) , which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4478, in the District Court fa-7 Weld County, Colorado, Civil Action No. 16704, No. 382, by the Findings and Decree dated March 26, 1971, and by small capacity well Permit No. 75464; All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property, and specifically including without limitations The License for an eight-inch (8" ) aluminum irrigation pipe across the county road existing between Sections 22 and 23, Township 1 North, Range 63 West of the 6th P.M. , Reid County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (881/4) of said Section 22 to the Southwest Corner of the Northwest Quarter (NW1/4) of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonard Baumgartner, and as conveyed to Dave and Crete 3. haumgertner by the Warranty Deed in .joint Tenancy rscorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is stated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property: Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and including without limitation, all well pumps, motors and irrigation equipment; Together with all minerals of whatever rind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafte' acquired. 21 SKLD LG SKL10422 WE 2212709-1990 . 022 B 1263 BBC 0221 05/03/90 16:27 s15 23/030 F 0023 MARY ANN EOERSTEIN CLERK 6 RECORDS CO, CO The property is subject to the following limitations and restrictions= 1 . RebervltiOn of all oil, gas, and minerals underlying subject property, as reserves by William Hoff and Katharine M. Hoff, in instrument rscnrded March 13, 1958 in Book 1498, Page 529, Weld County Records. (Parcels 1 and 2) 2. Right of Way easement granted to Mountain States Telephone and Telegraph Company by instrument recorded November 11, 1974 in Book 726 under Reception Number 1648285, Weld County Records. (Parcel 1 ) 3. Mineral Deed from William Hoff and Katharine M. Hoff to George T. McMakin recorded June 25, 1975 in Book 742, under Reception Number 1663699, Weld County Records, conveying all interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 4. Mineral Deed from George T. McMakin end Lequita F. McMakin to L. P. Lowrey dated November 25, 1975, and recorded December 2, 1977 in Book 816, under Reception Number 1737537, Weld County Records, conveying an undivided 1/2 interest in and to all of the oil, gas and other minerals in and under, and that may be produced from said lead. (Parcels 1 and 2) S. Mineral Deed from L. P. Lowrey to R. Ronald Schnier recorded Derr_mber 2, 1977 in Book 816, under Reception Number 1737538, Weld County Records, conveying an undivided 1/2 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 6. Mineral Deed and Royalty Conveyance from Ben H. Bragg and Artie P. Gregg to Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904, Weld County Records, conveying an undivided 2/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 7. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg recorded April 28, 1966 in Book 566, under Reception No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 22 SKLD LG SKL10422 WE 2212709-1990 . 023 F 1263 REC 4.709 05/03/90 16'27 .00 24/030 F' 0024 MARY p f"EUBR89'EIN CLERK i RECORDER WELD CO, CO 8. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Bock 664, under Reception Number 1586146, Weld County Records, conveying all interest in and to ell of the oil, gas (gas, casinghead gas, distillate, condensate, helium and all other gaseous substances) & associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest beinc reconveyed to Union Pacific Land Resources Corporation in Quit Claim Deed recorded on June 6, 1977 it Book 799 under Reception No. 1720995, Weld County Records. (Parcel 3) 9. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Weld Courty Records. (Parcel 3) 10. Oil and gas lease executed by Champlin Petroleum Company, as lesser, and Amoco Production Company, as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594, Weld County Records. (Parcel 3) 11. Quit Claim of Right of Way and Surface Lease granted t. Snyder Operating Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Parcel 3) Estoppel of Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No. 221215. 12. Right of Way for county 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. 13. A Condition contained in the United States Patent recorded December 12, 1925 in Book 677, at Page 155, weld County Records, which states as follows: "subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcels 1 and 2) 14. A Condition contained in the United States Patent recorded July 3, 1902 in Book 201, at Page 60, Weld County Records, which states as follows: "Yet excluding and excepting from the transfer, by these presents, 'All mineral Lands' should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the 23 SKLD LG SKL10422 WE 2212709-1990 . 024 S 1263 *SC 02 9 0,541;(2,216 127 gillgiD 25/03Q F 0025 MARY ANN TIMM i R6CORD CU, � terms of the statute, 'shell not be construed to include coal and iron land' . " (Parcel 3) 15. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: "EXCEPTING AND RESERVING: FIRST: All coal and other Linerals within or underlying said lands. SECOND: The exclusive right to prospect in and upon said land for coal and other minerals, therein or which nay be supposed to be therein, and to mine for and remove from said land all coal and other minerals which mny be found thereon by anyone. THIRD: The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said Railroad.' (Parcel 3) 16. Dead for a 70 foot road on the West side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in Pick 622, at Page 428, Weld County Records. Said strip of land conveyed in Deed to Weld County recorded on June 2?, 1922 in Rook 622 at Page 443 of the Weld County Records. (Parcel 3) 17. A Condition contained in the United States Patei.t recorded March 12, 192'. in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs. laws and decisions of and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 4) 18, Reservation of an undivided one-half of all oil, gas, and minerals underlying subject property, as reserved by The Federal Land Bank of Wichita, in instrument recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Parcel 4) 24 SKLD LG SKL10422 WE 2212709-1990 . 025 S 1263 REC 02 21 05/03/90 16:27 ROOK 0 26/030 F 0026 MARY AN EUERSTBIN CLERK & RECO WELD CO. CO 19. Mineral Deed and Royalty Conveyance from Ben N. Gregg and Artie P. Gregg to Mark P. Gregg, Ben N. Cragg, Jr. and Jane O. Wallower, dated December 22, 195O, and r* corded January 5, 1951 in Book 1291, at page 62 of the Weld County Rscorde, conveying an undivided 3/4 interest in and to all of the oil, gas, said othe (Parcels and other minerals in and and 4in under, and that may be produced as 2O. Oil and gas lease data) December 18, 1981 executed by Dave Baumgartner and Crete Baumgartner, as lessor, and Centennial Petroleum, Inc. , as lessee, recorded January 6, 1982 in Book 958, under Reception Number 1879090, Weld County Records, for a primary term of "see (2) years, and as long thereafter as oil, gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 4) 21. Subject to the terms and conditions of an Agreement between Mary A. White and Edgar J, Elam, as evidenced by instrument recorded March 14, 1931 in Book 912, at page 62, Weld County Records. (Parcel 5) 22. Oil and gas lease dated August 22, 1978 executed by i Merl E. Dunham aka Merle E. Dunham and Ruby L. Dunham, at lessor, and Energy Minerals Corporation, as lessee, recorded September 15, 1978 in Book 845, under Reception No. 1766675, Wald County Records* for a primary term of Three (3) years, and as long thereafter as oil, gas, or other hydrocarbons or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereof'. (Parcel 5) 23. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved by Merl E. Dunham and Ruby L. Dunham, in instrument recorded August 2, 1961 in Book 1590, at page 426, Weld County Records. (Parcel 5) 24. A condition contained in the United States Patent recorded September 15, 1927 in Hook 677, at Page 190, weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes. and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. " (Parcel 5) 25. A Deed of Trust from White Mountain Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado 25 SKLD LG SKL10422 WE 2212709-1990 . 026 B 1263 IBC 029 05/03/90 16837 010 27/030 ! 0027 NARY DUSTBIN CLIME & RSCORD WELD CO, CO White Mountain Ranch, Ltd. and Eagle Peak Farms, Ltd. a Colorado limited partnership, to Dave Baumgartner and, Crete J. Baumgartner, dated April 6, 1990 and securing a promissory note in the principal amount of $430,000.00. 26. A Financing Statement from White Mountain Ranch, a limited partnership organised and existing under the laws of the Stets of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd., and Eagle Peak Farms, Ltd, a Colorado limited partnership, to Dave Baumgartner and Crete J. Baumgartner, dated April 6, 1990 and securing a promissory note in the principal amount of $430,000.00, and recorded with the Colorado Secretary of State and Wald County Clerk and Recorder. 27. Oral farm leases with William R. Bell and Earl A. Baumgartner pertaining to all or a portion of the property and only for the year 1990. Grantor waives any claim or right to any crops or rental payments or any other claim associated with said farm leases. The following general notion of underground facilities have been filed pursuant to Section S-1.5-103, C.R.S. : a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc. , recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado, recorded 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. PARCEL G. : The Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., Meld County, Colorado. Together with all and singular, the hersditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-ways or other rights if access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring 26 SKLD LG SKL10422 WE 2212709-1990 . 027 8 1263 REcS12709 05/03/90 16:27 4050.00 28/030 F 0028 NARY ANN FEUERSTEIN CLERK & RECORDER NILD CO, CO rights, wells and well rights, both tributary and non-tributary and designated and nan-designated, on, under, appurtenant to, or used on the land herein describeJ, including but not limited to the following: the water rights represented by Final Permit No. 31595-FP (formerly Permit No. 11587-R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water cnd water rights, including, but not limited to, easements and rights-of-way' for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well end easement end right-of way on, across and under the Southwest Quarter (SW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M. , as reserved unto John W. Meyers, Jr. , and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587 (now Final Permit No. 31595-FP), together 4ith permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (Nw1/4) of Section 9, Township 1 North, Range 63 ;last of the 6th P.N., and is further set forth in said Warranty Deed; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and specifically including: A 12' by 48' house trailer (mobile home), 1963 Nashua, Vehicle IdentificatLon No. UTw21R6566; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. The property is subject to the following restrictions and limitations: 27 SKLD LG SKL10422 WE 2212709-1990 . 028 R 1263 REC 0221272,5/03/90 16: 27 X1.50.- 29/030 F 0029 MARY ANN F TEIN CLERK & RECORDER CO, CO 1. Any interest which may have been acquired by the public in the North and West 30 feet of subject property by reason of resolution of Bond of Count,► Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the rublic domain.. 2. Right of way and easement for "Enlargement of The D.A. Ford Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1./4 and NE1/4 of NW1/4, 9-1-63 (with other lands). 3. Reservations by the Union Pacific Railroad Company of (1 ) all oil,, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal end other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North, Range 63 West of the 6th P.M. , and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the W1/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property: 28 SKLD LG SKL10422 WE 2212709-1990 . 029 1263 212709 05/03/90 1L: 41$0.00 30/030 F 0030 ANN ?EMS-TMCLERK 4 ORDER WELD CO, CO A strip of ground 10 feat wide it being all of the South 10 feet of the North 40 feet of the N1/2, Section 9, Township 1 North, Range 63 West of the 6th p.M. Each of the foregoing parcels aro subject to 1990 taxes at special assessments. 29 SKLD LG SKL10422 WE 2212709-1990 . 030 ' 2476443 B-1532 P-316 02/14/96 03:37P PG 1 OF 29 AEC DOC Weld County CO Clerk & Recorder 146.00 4424764/3 SPECIAL.WARRANTY DEED THIS DEED,Made this 13th day of February, 1996,between Eagle Peak Farms, Ltd., a Colorado limited partnership, "grantor"and Prospect Valley Farms,Ltd.,a Colorado limited partnership,whose legal address is 1942 Broadway,Suite 506,Boulder, Colorado 80302, County of Boulder, State of Colorado, "grantee": WITNESSETH, That the grantor, for the sum of less than Five Hundred Dollars ($500.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant bargain, sell, convey, and confirm, unto the grantees, the grantees' heirs 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: The Property described on the attached Exhibit A which is incorporated by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantees, the grantees' heirs and assigns forever. And the grantor, for the grantor, the grantor's successors and assigns, does covenant and agree that grantor shall WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,the grantees' heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. Eagle Peak Farms, Ltd., a Colorado limited partnership By: ��U.A ' Wal yen Ketellapper, General Partner 1 --MI llllll llf l [1 j 1 _- a I . .III SKLD LG SKL10422 WE 2476443-1996 . 001 401 2476443 8-1532 P-316 02/14/96 03:37P PG 2 OF 29 STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 13th day of February, 1996, by Eagle Peak Farms,Ltd.,a Colorado limited partnership, by Walraven Kete4lapper, as general partner. Witness my hand and official seal. - " My commission expires: / z ` 6 . y _ Notary b rc ��•°d'Nl`�„oc 2 III I I II I MI I _ SKLD LG SKL10422 WE 2476443-1996 . 002 gill , 2476443 B-1532 P-316 02/14/96 03:37P PG 3 OF 29 EXHIBIT A TO THE SPECIAL WARRANTY DEED FROM EAGLE PEAK FARMS,LTD., A COLORADO LIMITED PARTNERSHIP TO PROSPECT VALLEY FARMS,LTD., A COLORADO LIMITED PARTNERSHIP The property included within the Special Warranty Deed shall include the following described land, water rights, easements, rights-of-way and other interests in land, buildings, and other structures,but subject to the following described limitations and restrictions on the land and water rights: FARCE!.C• Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditament%and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements,rightsof-way,or other rights of access used in conjunction with the Property, ant and all growing crops, trees, shrubbery; and Together with all water and water rights, ditches and ditch rights,reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated,on, under,appurtenant to, or used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236-R, also referred to as Final Permit No. 31519-FP, Well Permit No. 235-R, also referred to as Final Permit No. 31518-FP, Well Permit No. 237-R, also referred to as Final Permit No. 31520-FP, Well Permit No. 13205,and Well Permit No. 69377,and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures,pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (A)the pipeline for irrigation water as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents recorded at Book 1028,Reception No. 01965008, Book 570, Reception No. 1491695, and Book 3 IOMEMBI IJlift 11 I� I -T-11-111 SKLD LG SKL10422 WE 2476443-1996 . 003 1101 2476443 B-1532 P-316 02/14/96 03:37P PG 4 0? 29 1057,Reception No.01997476, in the offices of the Weld County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, and March 5, 1970 in Book 621 as Reception No. 1543408, and any applicable amendments;and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment;and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980,and recorded October 30, 1980 in Book 918 as Reception No. 1840202,and any interest therein or rights thereunder;and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S.,by Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil 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 Extension of Oil and Gas Lease dated February 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas and minerals underlying the E1/2 of Section 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 subject to the foregoing and the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) 2. Reservations of(I)right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects NE1/4 Section 30) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 4. Easement and right of way to construct, operate and maintain an electric transmission line,with all poles,cross arms,cables,wires, guys, supports, fixtures 4 --iIIIIIItllll ill I[ IIT I I II SKLD LG SKL10422 WE 2476443-1996 . 004 2476443 B-1532 P-316 02/14/96 03:37P PG 5 OF 29 and devices,as granted to the United States of America by Allen G. Abbott, in the instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the following described property: Beginning at a point on the West line of said NE1/4, Section 30, being 1421 feet South of the North quarter-corner of said Section 30;thence 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 Section 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 Carol C. Bell by Eagle Peak Farms, Ltd., a Colorado limited partnership, recorded June 23, 1995 in Book 1498 as Reception No. 2443834, affecting the following described property: West 30 feet of the E1/2 of Section 30. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300. PARCEL D. Parcel 1: All that part of Section 27, Township 1 North, Range 63 West of the 6th P.M.,Weld County,Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation District by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27,running thence East along the North line of said Section for a distance of 820 feet,thence South 1060 feet, thence West 820 feet, thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. 5 I�I�1fMlllIlIFJ L I I T I I SKLD LG SKL10422 WE 2476443-1996 . 005 2476443 B-1532 P-316 02/14/96 03:37P PG 6 OF 29 Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, all other homes and buildings,mobile homes,barns, fences, any and all easements, rights-of-way,or other rights of arcRss used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights,reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated,on, under,appurtenant to, or used on the lands herein described, including but not limited to the following: The water rights represented by Well Permit No. 12123-FP(former Permit No. 12123-R),Well Permit No. 12124-FP(former Permit No. 12124-R), the Carder- Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 15, 1953 in Book 1352 at Page 249(Affects Section 27); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates,flumes,diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Propwty and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character owned by the grantor, including but not limited to,all oil and gas and constituents thereof, gravel, sand and coal, in,ender and upon or that might be produced from the described lands now owned or hereafter acquired;and Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder and Vester Carder and W. H. Bright and John D. Bright, as recorded on January 20, 1940 in Book 1056 at Page 119. The Property is subject to the following restrictions and limitations: 6 JIIl1I®IIlld,ll4 II II [ 1 II SKLD LG SKL10422 WE 2476443-1996 . 006 40i 101 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 lines,as established by Order of the Beard of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Reservations by the Union Pacific Land Company of(1) all oil, coal and other minerals underlying subject property, (2)the exclusive right to prospect for, mine and remove oil,coal and other minerals,and(3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. 3. Easement and right of way for construction, use and maintenance of an irrigation ditch,and ingress and egress and regress, from ditch and pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrument recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Page 249,of said deeds,in which the specific location of the easement is not defined. 4. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 5. Easement and right of way to construct, operate and maintain an electric transmission line,as granted to the United States of America by Vester Carder and Lucile Carder, Keenesburg, Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437, affecting the following described property: The South half of the Northwest quarter, and that part of the Northeast quarter lying North and West of Prospect Lateral, Section 27,Township 1 North, Range 63 West of the 6th P.M. The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said S1/2 NW1/4, Section 27, being 1463 feet South of the Northwest corner of said Section 27; thence South 89°54' East a distance of 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69°39' West 4226 feet. Said easement being 37.5 feet on either side of the centerline. 6. The property is also subject to the following easements, the precise location of which is not specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception 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 Reception No. 2175917; 7 iiiiIl11IIJ1II[I1I i0 I1 T 1IIII SKLD LG SKL10422 WE 2476443-1996 . 007 2476443 B-1532 P-316 02/14/96 03:3W PG 8 OF 29 (d) Public Service Company of Colorado,recorded November 9, 1981 in Book 952 as Reception No. 1874084; (e) Western Slope Gas Company,recorded March 9, 1983 in Book 990 as Reception No. 1919757; and (t) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. 7. 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. 8. Terms,agreements,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded August 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 Amoco Pipeline company, a Maine Corporation by Eagle Peak Farms, Ltd.,a Colorado Limited Partnership,recorded December 8, 1995 in book 1521 as Reception No. 2466831,as more particularly described in said instrument. PARCEL F• Parcel 1: All of the North Half(N1/2)of Section 23, Township 1 North, Range 63 West of the 6th P.M.,Weld County, Colorado. EXCEPTING therefrom a parcel of land as conveyed to Weld County by Deed recorded June 27, 1922 in Book 622 at Page 443; ALSO EXCEPTING therefrom a parcel of land as conveyed to the State Department of Highways, Division of Highways, State of Colorado by deed recorded August 30, 1990 in Book 1274 as Reception No. 02225396 and Corrective Deed recorded December 26, 1990 in Book 1285 as Reception No. 02236724. Parcel 2: The North 16-1/2 feet of the Southeast Quarter (SE1/4) of Section 22, 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 but not limited to, any and all fixtures, all other homes and buildings, mobile homes,barns, fences, any and all easements, rights-of-way,or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and 8 I��1fIt1111I l_I(1 I 7 I 1 I Ill 1 SKLD LG SKL10422 WE 2476443-1996 . 008 2476443 B-1532 P-316 02/14/96 03:37P PG 9 OF 29 Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under,appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by irrigation well Permit No. 31526-FP (former Permit No. 4477-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4477, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382 by the Findings and Decree dated March 26, 1971,and by irrigation well Permit No. 31527-FP(former Permit No. 4478-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No.4478, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382,by the Findings and Decree dated March 26, 1971, and by small capacity well Permit No. 76464; All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property, and specifically including without limitation: The License for an eight-inch(8")aluminum irrigation pipe across the county road existing between Sections 22 and 23,Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (SE1/4) of said Section 22 to the Southwest Corner of the Northwest Quarter(NW 1/4)of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonard Baumgartner,and as conveyed to Dave and Creta J. Baumgartner by the Warranty Deed in Joint Tenancy recorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is stated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property,and including without limitation, all well pumps, motors and irrigation equipment; 9 imio�i®III III III I I 1 Tr l l SKLD LG SKL10422 WE 2476443-1996 . 009 IIOil 101 2476443 B-1532 P-316 02/14/96 03;37P PG 10 OF 29 Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. The property is subject to the following limitations and restrictions: 1. Mineral Deed and Royalty Conveyance from Ben H. Bregg and Artie P. Gregg to Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904, Weld County Records, conveying an undivided 2/12 interest in and to all of the oil,gas,and other minerals in and under, and that may be produced from said land. (Parcels t and 2) 2. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg recorded April 28, 1966 in Book 566, under Reception No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 3. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Book 664, under Reception Number 1586146,Weld County Records,conveying all interest in and to all of the oil,gas(gas, casinghead gas, distillate, condensate, helium and all other gaseous substances) & associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest being reconveyed to Union Pacific Land Resources Corporation in Quit Claim Deed recorded on June 6, 1977 in Book 799 under Reception No. 1720995,Weld County Records. (Parcel 1) 4. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Weld County Records. (Parcel 1) 5. Oil and gas lease executed by Champlin Petroleum Company, as lessor, and Amoco Production Company,as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594,Weld County Records. (Parcel 1) 6. Quit Claim of Right of Way and Surface Lease granted to Snyder Operating Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Parcel 1) Estoppel of Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No. 221215. 10 1�1�111�1181�I f l l L T _ 1 I 1 Ill R SKLD LG SKL10422 WE 2476443-1996 . 010 2476443 8-1532 P-316 02/14/96 03:37P PG 11 OF 29 7. Right of Way for county 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 Patent recorded July 3, 1902 in Book 201,at Page 60, Weld County Records, which states as follows: "Yet excluding and excepting from the transfer,by these presents, 'All mineral lands' should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the statute, 'shall not be construed to include coal and iron land'." (Parcel 1) 9. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: "EXCEPTING AND RESERVING: FTRST: All coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and upon said land for coal and other minerals, therein or which may be supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines,and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto,or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction or method of operation of said railroad and to make any change in the form of construction or method of operation of said Railroad." (Parcel 1) 10. Deed for a 70 foot road on the West side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428, Weld County Records. Said strip of land conveyed in Deed to Weld County recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel 1) 11. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a 11 l�pIltl®IIIlIIIIII k J h SKLD LG SKL10422 WE 2476443-1996 . 011 2476443 B-1532 P-316 02/14/96 03:37P PG 12 OF 29 right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 2) 12. Reservation of an undivided one-half of all oil, gas, and minerals underlying subject property,as reserved by The Federal Land Bank of Wichita, in instrument recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Parcel 2) 13. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to Mark P. Gregg, Ben H. Gregg, Jr. and Jane G. Wallower, dated December 22, 1950,and recorded January 5, 1951 in Book 1291, at page 62 of the Weld County Records,conveying an undivided 3/4 interest in and to all of the oil, gas,and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 14. Oil and gas lease dated December 18, 1981 executed by Dave Baumgartner and Creta Baumgartner,as lessor, and Centennial Petroleum, Inc., as lessee, recorded January 6, 1982 in Book 958, under Reception Number 1879090, Weld County Records, for a primary term of Two(2)years, and as long thereafter as oil, gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 2) 15. Terms,agreements, provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded September 2, 1992 in Book 1349 as Reception No. 02302142. (Affects Parcel 1) 16. 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 1367 as Reception No. 02318677. (Affects Parcel 1) 17. Easement and right of way for pipeline and other appurtenances, as granted to Snyder Oil Corporation by Eagle Peak Farms, Ltd., in the instrument recorded April 23, 1993 in Book 1380 as Reception No. 02330230, the location of which is shown in the map attached to said instrument. (Affects Parcel 1) 18. 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. (Affects Parcel 1) 12 m��iYlllni�Olit- I I T II ill SKLD LG SKL10422 WE 2476443-1996 . 012 M � 2476443 B-1532 P-316 02/14/96 03:37P PG 13 OP 29 19. Terms,agreements, provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded July 25, 1994 in Book 1452 as Reception No. 02398961. (Affects Parcel 1) The following general notices of underground facilities have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company,recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado,recorded 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. PARCEL G. Lot B of Recorded Exemption No. 1477-09-2RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469, being a part of the NW 1/4 of Section 9,Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. Together with all and singular,the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: the water rights represented by Final Permit No. 31595-PP(formerly Permit No. 11587- R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. 13 �01��Iiliul]Cllli 1.1 I_ I T I II SKLD LG SKL10422 WE 2476443-1996 . 013 2476443 8-1532 P-316 02/14/96 03:37P PG 14 OF 29 Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and right-of way on, across and under the Southwest Quarter(SW 1/4)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 Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-115878 (now Final Permit No. 31595-FP), together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well, the underground pipeline from said well, which supplies water from said well to the Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., subject to provisions set out in above mentioned Warranty Deed; and including all headgates,flumes,diversion structures and measuring structures,pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with the reservations and exceptions from the conveyance from Eagle Peak Farms, Ltd., a Colorado limited partnership,to William F. Kramer and Wanda P. Kramer by a Warranty 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 Exemption No. 1477-09-2RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469,being a part of the NW1/4 of Section 9,Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. The reservations and exceptions are more particularly described as follows: 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 following described land, which is hereinafter referred to as "the Property", which is described as the Northwest Quarter(NW1/4)of Section 9,Township 1 North,Range 63 West of the 6th P.M., except the land described as Lot A above, including but not limited to the following: 14 11IIftRIITIDIB[IE 11 1 1 I Rh I SKLD LG SKL10422 WE 2476443-1996 . 014 4011 4011 2476443 B-1532 P-316 02/14/96 03:37P PG 15 OF 29 The water rights represented by Final Permit No. 31595-FP(formerly Permit No. 11587- R)issued by the Colorado Ground Water Commission;and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the Property. Including any and all easements and rights-of-way associated with the water and water rights,including,but not limited to,easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property;and specifically including the irrigation well and easement and right-of way on, across and under the Southwest Quarter(SW 1/4)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 Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587(now Final Permit No. 31595- FP), together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter(NW1/4)of Section 9, Township I North, Range 63 West of the 6th P.M., and is further set forth in said Warranty Deed; and including all headgates, flumes, diversion structures and measuring structures,pumps, motors and other ptup.,,ty used in delivering water to the Property and measuring water used on the Property; Together with any and all personal piopetty, fixtures and other items used in conjunction with or associated with the Property, and specifically including all well pumps and irrigation equipment. Grantor further reserves and excepts 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 Deed may be traversed with vehicles of any type or description for the use and benefit of the Property. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Right of way and easement for"Enlargement of The D.A. Ford Reservoir No.4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and NEI/4 of NW1/4, Section 9, Township 1 North, Range 63 West of the 6th P.M. (with other lands). 15 I��DIIDII�IV �liti LI I I II 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 Pacific Railroad Company of(1)all oil, coal and other minerals underlying subject property, (2)the exclusive right to prospect for, mine and remove oil,coal and other minerals,and(3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128,and any interests therein or rights thereunder, 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington&Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North,Range 63 West of the 6th P.M.,and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the Wl/2 of the NEI/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin,in the instrument recorded March 25, 1931 in Book 911 at Page 64,affecting the following described property: A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the Nl/2, Section 9, Township 1 North, Range 63 West of the 6th P.M. 6. Terms,agreements,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd.,and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. 02288934. 7. A 30 feet wide access, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. PARCEL 131 The West One-Half(W1/2)of Section 35,Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado. 16 ��Ittlll fll f f HI I SKLD LG SKL10422 WE 2476443-1996 . 016 1101 41110 2476443 B-1532 P-316 02/14/96 03:37P PG 17 OF 29 Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements,rights-of-way,or other rights of access used in conjunction with the Property,any and all growing crops, trees, and shrubbery; and Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights,both tributary and non-tributary and designated and non-designated,on, under,appurtenant to, or used on the lands herein described,including but not limited to the following: the water rights represented by Well Permit 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 the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; Together with all minerals of whatever kind or character, now owned or hereafter acquired, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Reservation of right of way for any ditches or canals constructed by authority of the United States,in U.S. Patent recorded September 12, 1916 in Book 385 at page 185. 17 IJIN I111IlIFI] If _ 1 I iii] SKLD LG SKL10422 WE 2476443-1996. 017 M a 2476443 B-1532 P-316 02/14/96 03:37P PG 18 OF 29 3. Easement and right of way for an electric transmission line and other appurtenances,granted to the United States of America by The Weicker Investment Company, a Colorado Corporation by instrument recorded December 6, 1944 in Book 1145 at Page 353, in which the specific location of the easement is not defined. (Affects the NW1/4 NW1/4 of Section 35) 4. Easement and right of way for a right of way 60 feet in width located in the SW1/4SW1/4 Section 35,Township 2 North, Range 63 West, granted to Phillips Petroleum Company by Weicker Investment Company by instrument recorded March 24, 1975 in Book 735 as Reception No. 1656542, in which the specific location of the easement is not defined. (Affects the SW1/4 SW1/4 of Section 35) 5. Oil and gas lease between Eagle Peak Farms, Ltd.,a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. PARCEL I Parcel 1: The N1/2 of the NE1/4 and the SW1/4 of the NE1/4 of Section 32, Township 2 North, Range 63 West of the 6th P.M.,in Weld County, Colorado EXCEPT the East 15 feet of the SW1/4 of the NE1/4 thereof. Parcel 2: The S 1/2 of Section 33,Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado Parcel 3: The NE1/4,the Wl/2 of the SE1/4 and the SE1/4 of the NWI/4 of Section 4, Township 1 North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPTING THEREFROM a parcel of land conveyed by deed recorded September 2, 1948 in Book 1233 at Page 516, described as follows: BEGINNING at a point 47.6 feet East and 30 feet South of the Northwest Corner of said NE1/4 of said Section 4, said point being the intersection of South boundary line of County Road and East right of way line of the Chicago, 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 East right of way line of said Railroad, 1121.7 feet to a point; thence S51°55'W, 139.75 feet to a point on said Fast right of way line of said Railroad; thence North on said East right of way line of said Railroad 1210.0 feet to the POINT OF BEGINNING. 18 11•1111111[14. 11 I 1 ITT SKLD LG SKL10422 WE 2476443-1996 . 018 2476443 B-1532 P-316 02/14/96 03:37P PG 19 OF 29 EXCEPTING THEREFROM parcels of land as conveyed by deeds recorded in Book 779 at Pages 231,246 and 389. And specifically including, but not limited to, a parcel of land located in the Northeast Quarter (NE1/4)of the Northeast Quarter(NE1/4)of Section 4, Township 1 North, Range 63 West of the 6th P.M.,which parcel is more particularly described as follows: A 10 foot by 10 foot tract of which the Northeast corner thereof lies 206 feet South and 54 feet West of the Northeast corner of Section 4,Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with the easement and right of way associated with said parcel,all of which is set forth in the Easement recorded March 22, 1984 in Book 1024, Reception No. 1960174 with the Clerk and Recorder of Weld County. Together with all and singular,the hereditaments and appurtenances thereto belonging,or in anywise appertaining; including but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, specifically including, but not limited to, all right and interest in the Agreement dated June 7, 1951 between Frank A. Neill and Rispah A. Neill, Clarence O. Byrnes and Annie Faye Byrnes, 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 the Agreement dated June 7, 1951 between Clarence O.Byrnes and Annie Faye Byrnes,and H. E. Crow, recorded August 13, 1951 in Book 1309,Page 224,Reception No. 1112304 with the Clerk and Recorder of Weld County;and any and all growing crops, trees, and shrubbery;and Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or presently used on the land herein described, including but not limited to the following: The water rights represented by Final Permit No. 31654-FP, formerly Well Permit No. 16248-R; the water rights represented by Final Permit No. 31653-FP, formerly Well Permit No. 16247-R; the water rights represented by Final Permit No. 31652-FP, formerly Well Permit No. 16246-R; the water rights represented by Final Permit No. 31612-FP, formerly Well Permit No. 12315-R; the water rights represented by Final Permit No. 31536-FP,formerly Well Permit No. 4548- R;the water tights represented by Final Permit No. 1730FP, formerly Well Permit No. R-1730; the water rights represented by Final Permit No. 1731FP, formerly Well Permit No. R-1731; The water rights represented by the small capacity,domestic wells designated by Permit Nos. 17940,2598 and 22455, and the additional, small capacity, domestic 19 !IAMBI ILIUM IIT I -1 III I SKLD LG SKL10422 WE 2476443-1996 . 019 M a 2476443 B-1532 P-316 02/14/96 03:37P PG 20 OF 29 well located on the Parcel 2 described above, and the additional, small capacity, domestic well located on the Parcel 3 described above; and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including,but not limited to,an easement approximately twenty(20)feet in width for a pipeline and ditch from the well designated by Final Permit No. 31612-FP(formerly Permit No. 12315-R),which is located in the Northwest Quarter(NW 1/4)of the Southeast Quarter(SE1/4) of Section 33,Township 2 North,Range 63 West of the 6th P.M. to the North Half(N1/2)of the Northeast Quarter(NEl/4)and Southwest Quarter(SWl/4)of the Northeast Quarter(NE1/4)of Section 32,Township 2 North,Range 63 West of the 6th P.M., which easement is approximately described as follows: Beginning at a point near the Northwest corner of the Southwest Quarter(S W1/4) 1/4) of Section 33,Township 2 North,Range 63 West of the 6th P.M., then West into the Northeast Quarter (NE1/4) of the Southeast Quarter (SEI/4) of Section 32, Township 2 North,Range 63 West of the 6th P.M., then North into the Southeast Quarter (SEl/4) of the Northeast Quarter (NEI/4) of Section 32, Township 2 North,Range 63 West of the 6th P.M.,and parallel to the East section line of said Section 32 and West of Weld County Road 65, to a point near the East quarter corner of the Northeast Quarter(NE1/4)of said Section 32, which point is located on the East-West centerline of the Northeast Quarter(NE1/4) of said Section 32. The approximate location of the easement is marked as "A" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; And also specifically including, but not limited to, two easements approximatelytwenty (20)feet in width for a pipeline and ditch from the well designated by Final Permit No. 31654-FP (formerly Permit No. 16248-R), which is located in the Northeast Quarter (NEI/4) of the Northeast Quarter(NEl/4)of Section 4, Township 1 North, Range 63 West of the 6th P.M., to the South Half(S1/2)of Section 33,Township 2 North, Range 63 West of the 6th P.M.; and one easement is approximately described as follows: The easement is across Weld County Road 14 and located at a point beginning West approximately 300 feet from the Northeast corner of the Northeast Quarter (NEl/4)of Section 4,Township I North, Range 63 West of the 6th P.M., thence approximately 100 feet North. The approximate location of the easement is marked as "B" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; 20 III T ; II SKLD LG SKL10422 WE 2476443-1996 . 020 a a 2476443 B-1532 P-316 02/14/96 03:37P PG 21 OF 29 and the other easement is approximately described as follows: The easement crosses Weld County Road 67 and is located at a point beginning South approximately 300 feet from the Northeast corner of the Northeast Quarter (NE1/4)of Section 4,Township 1 North, Range 63 West of the 6th P.M., thence East approximately 100 feet into the Northwest Quarter (NW1/4) of Section 3, Township 1 North, Range 63 West of the 6th P.M., thence North approximately 250 feet,thence East approximately 200 feet, thence North approximately 300 feet into the Southwest Quarter(SW 1/4)of Section 34, Township 2 North, Range 63 West of the 6th P.M., thence Northwest approximately 400 feet, thence North approximately 1450 feet, thence Northwest approximately 100 feet across Weld County Road 67 to the South Half(S1/2)of Section 33, Township 2 North, Range 63 West of the 6th P.M. The approximate location of the easement is marked as "C" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; and including all headgates,flumes,diversion structures and measuring structures,pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal,in, under and upon or that might be produced from the described lands, now owned or hereafter acquired by the Grantor, subject to the restrictions and limitations hereinafter described. Any and all water and water rights associated with Final Permit Nos. 31572-FP(formerly Permit No. 10046-R)and 31573-FP(formerly Permit No. 10047R), which wells are permitted under the name of Julius A. Pluss, located in the Northeast Quarter(NE1/4)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 land including part of the Northwest Quarter(NW1/4)of Section 4, Township I North, Range 63 West of the 6th P.M. The prupe,ty is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of section and township lines,as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 21 QJIlm�l➢fl➢li 6 ll 1 I I SKLD LG SKL10422 WE 2476443-1996 . 021 �M M 2476443 B-1532 P-316 02/14/96 03:37P PG 22 OF 29 2. Reservations made by the Union Pacific Railway Company in deed recorded September 30, 1907 in Book 233 at Page 117, and any and all assignments thereof or interests therein, 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 to prospect and mine same,also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same. (Affects S1/2 of Section 33) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded June 25, 1915 in Book 385 at Page 115(Affects SE1/4 NW1/4,NW1/4 SE1/4, SW1/4 NE1/4 and Lot 4 of Section 4); recorded October 27, 1920 in Book 460 at Page 132 (Affects SE1/4 NW 1/4,Lot 3 of Section 4);' recorded November 24, 1928 in Book 677 at Page 209(Affects Nl/2 NE1/4 and SW 1/4 NE1/4 Section 32);recorded December 5, 1919 in Book 507 at Page 467(Affects SW 1/4 SE1/4 Section 4) 4. Right of way for the Low Line lateral as granted to the Henrylyn Irrigation District by Deed recorded November 23, 1926 in Book 814 at Page 157. (Affects Sl/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. Byrnes, Annie Faye Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 220. (Affects W1/2 NE1/4 and NEl/4 NE1/4 Section 32) 6. Terms,agreements, provisions, conditions and obligations as contained in Agreement by and between Clarence O. Byrnes, Annie Fay Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 224. (Affects W1/2 NE1/4 and NE1/4 NE1/4 Section 32) 7. An undivided 'h interest in and to all of the oil, gas, coal and other minerals in and under and that may be produced from the above described land, together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said land for oil, gas, coal and other minerals and removing the same therefrom,as reserved by Clarence O. Byrnes and Annie Faye Byrnes in the Deed recorded November 28, 1951 in Book 1317 at Page 585, and any interests therein or rights thereunder. (Affects W1/2 NEl/4 and NE1/4 NE1/4, Section 32) 22 i MNIVITAW I SKLD LG SKL10422 WE 2476443-1996 . 022 a a 2476443 B-1532 P-316 02/14/96 03:37P PG 23 OF 29 8. An undivided 1/4 interest in and to the minerals of every kind and nature in and under said lands, subject to the rights of ingress and egress at all times for the purpose of mining and removing the same therefrom as reserved by Ethel R. Babbitt in the Deed recorded January 4, 1952 in Book 1320 at Page 218, and any interest therein or rights thereunder. (Affects W1/2 NE1/4 and NE1/4 NE1/4 Section 32) 9. Seasonal Irrigation Well Power Contract, between H. W. Young and Morgan County Rural Electric Association, recorded February 16, 1955 in Book 1412 at Page 8 and in Book 1412 at Page 10. (Affects SE1/4 Section 33) 10. The Mineral Estate(including all oil and gas rights)and the right of ingress and egress therefrom and the right of removal therefrom, as reserved by Roberta Hawn in the Deed recorded January 2, 1968 in Book 589 as Reception No. 1511424, and any interests therein or rights thereunder. (Affects W1/2 NE1/4 and the SW1/4 NW1/4, and NW1/4 SE1/4 and SWI/4 SE1/4 Section 4) 11. An undivided 1/2 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 remove the same as reserved by Theodore Zimbelman and Esther A. Zimbelman in the Deal recorded November 6, 1969 in Book 617 as Reception No. 15339015, and any interest therein or rights thereunder. (Affects E1/2 NE1/4 Section 4) 12. Right of way to lay, maintain, inspect, replace, erect, operate and remove a pipe line or pipe lines as granted to Phillips Petroleum Company by instrument dated September 20, 1974, recorded October 8, 1974 in Book 724 as Reception No. 1646291. (Affects NE1/4 and WI/2 SE1/4 of Section 4) 13. Right of Way easement 16.5 feet wide to construct, operate, maintain and remove communication and other facilities as granted to The Mountain States Telephone and Telegraph Company by instrument dated October 25, 1974, recorded November 11, 1974 in Book 726 as Reception No. 1648284, over and across the following described property: The South 16.5 feet of the North 46.5 feet of the N1/2 of the NE1/4 of Section 32,Township 2 North,Range 63 West of the 6th P.M., which strip is South of,parallel to,and abutting the South Right of Way line of County Road Number 16. 23 - ltIll11CIiII]I LI T SKLD LG SKL10422 WE 2476443-1996 . 023 2476443 B-1532 P-316 02/14/96 03:37P PG 24 OF 29 14. All of the coal,oil,gas,casinghead gas and all ores and minerals of every kind and nature underlying the surface of the realty herein conveyed, together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on the surface of the realty herein conveyed, as reserved by Burlington Northern Inc., successor in interest to Chicago, Burlington & Quincy Railroad Company, in Deed recorded June 12, 1981 in Book 938 as Reception No. 1860423,and any and all assignments thereof or interests therein. (Affects the Easterly 'A of Burlington Northern Inc.'s 100-foot wide Tampa Beet Spur right of way, now removed, lying within the SEI/4 of Section 4,Township 1 North,Range 63 West of the 6th P.M.; also, all of the 100-foot wide right of way, being 50 feet wide on each side of the track center line of Burlington Northern Inc.'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 6th P.M.) 15. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393564, and any interests therein or rights thereunder. (Affects Parcel 3) 16. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. (Affects Parcel 1) 17. General notices of undergroundfacilities pursuant to Section 9-1.5-103, C.R.S. (a) Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 as Reception 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 Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company,recorded March 9, 1983 in Book 990 as Reception No. 1919757. (0 Western Gas Supply Company,recorded April 2, 1985 in Book 1063 as Reception No. 2004300. 24 1 I 1 I I SKLD LG SKL10422 WE 2476443-1996 . 024 2476443 B-1532 P-316 02/14/96 03:37P PG 25 OF 29 PARCEL.74 Parcel 1: The North Half(N1/2)of the Southwest 1/4(SW I/4)of Section 23,Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, excepting therefrom a parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half(N1/2) of the Southwest Quarter(SW 1/4)of Section 23,Township 1 North, Range 63 West of the 6th P.M.; and including a part of the Southeast Quarter(SE1/4)of Section 23,Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at 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 (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00058'18" East a distance of 288.73 feet; 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; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter(SE1/4); Thence North 89°38'54" West along said North line a distance of 1382.86 feet to the center of Section 23; Thence South 00°17'11"West along the West line of said Southeast Quarter (SEl/4) a distance of 2640.48 feet to the South Quarter (S1/4)corner of said Section 23; Thence South 89°29'25"Fast along the South line of said Southeast Quarter (SE1/4) a distance of 102.00 feet to the True Point of Beginning; which parcel contains 61.242 acres more or less; Together with a non-exclusive common ar rss road easement, which may be used by persons and vehicles of any type and description and at any time for any purposes associated with the use of the foregoing property,and which is described 25 [1 I f _ SKLD LG SKL10422 WE 2476443-1996 . 025 2476443 B-1532 P-316 02/14/96 03:37P PG 26 OF 29 as that part of the Southeast Quarter (SE1/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as: Beginning at 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 (SE114) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00'00'26"East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of 288.73 feet; 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; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45"West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter(SE1/4); Thence South 89°38'54" East along said North line a distance of 34.86 feet; Thence South 30°16'42" East a distance of 313.79 feet; Thence South 54°21'45" East a distance of 349.33 feet; Thence South 06°15'18" East a distance of 193.93 feet; Thence South 29°29'28" West a distance of 457.39 feet; Thence 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°58'18" West a distance of 280.18 feet; Thence South 40°48'48"West a distance of 82.71 feet; Thence South 55°13'29"West a distance of 354.95 feet; Thence South 38°58'24" West a distance of 287.47 feet; Thence South 00°00'26" West a distance of 448.53 feet to.said South line of the Southeast Quarter(SE1/4); Thence North 89°29'25" West alongsaid South line a distance of 30.00 feet to the True Point of Beginning. And subject to (1) the reservations and exceptions contained in a Deed recorded on September 19, 1908,in Book 233,Page 164;and(2)an easement and right of way on the South 30 feet thereof for Weld County Road 6; 26 �B��BIn1111V kl l it I I T I I III sKLD LG SKL10422 WE 2476443-1996 . 026 2476443 8-1532 P-316 02/14/96 03:37P PG 27 OF 29 (3) Bowles Reservoir, and any and all rights of way therefore, as evidenced by Map and Statement filed January 6, 1913 as Filing No. 184082 (Affects Sl/2SE1/4 of Parcel 1); (4) Strafford Ditch, and any and all rights of way therefore, as evidenced by instrument filed in the office of Clerk and Recorder for Weld County (Affects NW1/4SE1/4, S1/2SE1/4, and NEl/4SW1/4 of Parcel 1); (5) Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement by and between Eagle Peak Farms, Ltd. and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677; (6) Terms, agreements, provisions, conditions and obligations as contained in Surface Damage Agreement between Eagle Peak Farms, Ltd. and Snyder Oil Corporation as evidenced by Memorandum recorded July 21, 1994 in Book 1451 as Reception No. 02398575. The parcel is also subject to an Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86, Page 273. All in Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way,or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery, and specifically including 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 tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: All right to the water from the Henrylyn Irrigation District for the above property; and The water and water rights represented by the following Well Permits issued by the State Engineer and the Colorado Ground Water Commission: Final Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22, 1987, with a priority date of July 29, 1964; 27 I�f�VIIWII i8 111 l II 1 I I I SKLD LG SKL10422 WE 2476443-1996 . 027 2476443 B-1532 P-316 02/14/96 03:37P PG 28 OF 29 Final Well Permit No. 31643FP, former Permit No. 14859R, issued on May 22, 1987, with a priority date of June 8, 1946; Final Well Permit No. 14860FP, former Permit 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 purposes on the above properties,and expressly including the water and water right associated with Final Well Permit No. 31542 to the extent the water and water right was used to irrigate the South One-half(S1/2)of Section 23, Township 1 North, Range 63 West of the 6th P.M. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates,flumes,diversion structures and measuring structures, pumps, meters and other pruycrty used in delivering water to the Property and measuring water used on the Property; including the easement for a well,pipelines and other facilities, in the Northeast Quarter(NE1/4) of Section 27,Township 1 North,Range 63 West of the 6th P.M. pursuant to a deed recorded on June 12, 1972 in Book 669,Reception No. 1551374, which provides, in part,as follows: TQOgg{E$with Irrigation Well No. 5945-F registered with the State Engineer of the State of Colorado, located in the NEl/4 of Section 27, Township 1 North, Range 63 West, with a right to drill a new replacement well, if needed and if approved by State Engineer in NEl/4 of said Section 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for conveying water from said well site to the above-demised land and to S1/2 SW1/4 of Section 23,Township 1 North, Range 63 West,TOGETHER with an easement for said pipelines one rod wide across said NE1/4 and across NW1/4 Sec. 26 in said Township and Range; and including all rights to the foregoing easement as described in the Quit Claim Deed recorded on June 4, 1984 in Book 1032, Reception No. 01969206; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and 28 Jf III ®119111d 1I - I I HT SKLD LG SKL10422 WE 2476443-1996 . 028 a a 2476443 B-1532 P-316 02/14/96 03:37P PG 29 OF 29 Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with all right, title and interest in the foregoing property or adjacent property acquired by adverse possession, prescription, grant, gift or other claim, including, but not limited to all right, title and interest in the following property: 1. A parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half(N112)of the Southwest Quarter(SW1/4) of Section 23,Township 1 North, Range 63 West of the 6th P.M.; 2. A parcel of land in the Northwest Quarter(NW1/4)of Section 34, Township 1 North, Range 63 West of the 6th P.M., more particularly described as follows: Beginning at the Northwest corner of said Section 34, and considering the North line of said Section 34, as bearing North 89°51'58" East, with all other bearings contained herein relative thereto; Thence North 89° 51'58" East, along the North line of said Section 34,980.88 feet to the True Point of Beginning, Thence continuing North 89°51'58" East, along the North line of said Section 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 feet to the True Point of Beginning. 3. A Permanent Pipeline Right-Of-Way Grant, recorded on January 22, 1981, in Book 926, Reception No. 1847661. 4. A two-story white clapboard Ranch House situated on a portion of the South Half (S1/2)of the Southwest Quarter(SW1/4)of Section 23,Township 1 North, Range 63 West of the 6th P.M.; Exclusive of ground on which house is placed. 29 1.11.11111 IL II I I I I I SKLD LG SKL10422 WE 2476443-1996 . 029 1111111111111111111III 11111111110uuI IIII IIII 2687277 09/28/2001 10:49A JA Suld Teukamoto 1 of 2 R 10.00 D 42.01 Weld County CO 277 WARRANTY DEED THIS DEED, Made this 26th day of September, 2001 between Prospect Valley Farms, Ltd., a Colorado Limited Partnership of the County of Weld and State of Colorado, grantor, and Highland Properties 3301 LLC, a Colorado limited liability company as to an undivided 87% interest and William H. Bell and Carol C. Bell, Joint Tenants as to an undivided 13% whose legal address is 717 Fifth Avenue, Longmont, Colorado 80501 interest of the County of Boulder and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of FOUR HUNDRED TWENTY THOUSAND SIXTY FIVE AND 00/100, ($420,065.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, hie heirs and assigns forever, all the real property, together with i rovements, if any, situate,lying and being in the County of Weld and State of sSEE EXHIBIT "A"1ATTACHED0HERETO AND MADE A PART HEREOF ;.°\ also known by street and number as , , Colorado TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general [axes for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Partner Pros ect Valley Farms, Ltd., a Colorado Limi ed Partnership BY Wal ven F. Ketellapper, General STATE OF COLORADO ss. The foregoing instrument was acknowledged before County of Weld ) me this 26th day of September, 2001 by Walraven F. Ketellapper as general partner of Prospect Valley Farms, Ltd., a Colorado limited partnership Witn s my hand and ff'cial seal. My o mission expi es v e 15, 2001 ?pRY..PUe��c % sr /�OARELLA L ; NOTARY PUBLIC 1 BLOCH 1 1295 Main St. • No. 932A. Rev. ?Sal Windsor, COLORADO 80550 /])f` ern/ Phi .C OF SKLD LG SKL10422 WE 2887277-2001 . 001 1111111 VIII 1111111 III 11111111111111111111 III 11111111 2286277 ol 2 R 10.00 2 0 1 42.01 Weld A JA Suld kamo[o Weld County CO "EXHIBIT A" LEGAL DESCRIPTION The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado. TOGETHER WITH ALL WATERS DERIVED BY THE INCLUSION OF 317 ACRES WITHIN THE HENRYLYN IRRIGATION DISTRICT OGEIHER WITH ht11 #3151BFP, Well #31519FP and Well #31520FP SKLD LG SKL10422 WE 2887277-2001 . 002 • i 111111 111 Hill 1111111111 illl imi 1111 1111 N 2932744 0311312002 10:57A JA Sukl Taukamoto 744 1 0l 2 R 10.00 0 35.55 Weld County CO SPECIAL WARRANTY DEED THIS DEED, Made this 8th day of March, 2002 between Highland Properties 3301 LLC, a Colorado limited liability company Boulder of the County of $$j4 and State of Colorado, grantor,and William H. Bell and Carol C. Bell whose legal address is ,320 North Cedar Street, Keenesburg, CO 80643 r . ofthe County of Weld and State of Colorado, grantees: !) (, WITNESS that the grantor(s) for and in consideration of the sum of THREE HUNDRED 6 SIXTY FIVE THOUSAND POUR HUNDRED FIFTY SIX AND 55/100, (5365,456.55) Dollars, the * 1 receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold I and convoyed, and by these present. dose grant, bargain, sell, convey and confirm unto the grantee(.), their heir. and assign. forever, not in tenancy in common but in joint tenancy, all real property, together with improvements, if any, situate, lying end being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • • also known by street and number as , Colorado TOGETHER with all and singular the hereditament') and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainder., rents, issues end profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of in and to the above bargained premises, with the hereditament. and appurtenances, TO RAVE AND TO HOLD the said premise, above bargained and described with appurtenances, unto the grantees, their heirs and assigns forever. The grantor(s), for its heir., personal representatives, auceeseore, assigns does covenant and agree that it shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in tha quiet peaoeable Doesassion of the grantees, their heirs and assign., against all and every parson or persons claiming the whole or any part thereof, by, through or under the grantor(s) . IN WITNESS WHEREOF, the grantor(.) has executed this deed on the date set forth above, BY Highland Properties 3301 LLC, a Colorado Caro Cr ft Ka , 0 crating limited liability company Manager BY: 1031 Corporation, a Colorado corporation as member STATE OF COLORADO es. The foregoing instrument was acknowledged before County of Boulder ) me this Bch day of March, 2002 by Carol Croft Kaufman as Operating Manager of 1031 Corporation, a Colorado corporation as member of Highland Properties 3301 LLC, a Colorado limited liability company Witness my hand and official seal. My commission expires 12{11.0 3 V PU p.........@�� Y\ka hP�J }WyLt n� :• N G pn't\ NOTARY PUBLIC Zi NIP i l No.515. Rev. B-06 tteNNIN .0 • :p0 97�OF CON, SKLD LG SKL10422 WE 2932744-2002 . 001 a a Mill Hill 1111111MIBIEN'till III Rill III ill 2932744 03/13/2002 10:57A JA Sukl Tsukamolo 2 of 2 R 10.00 U 36.55 Weld County CO "EXHIBIT A" LEGAL DESCRIPTION The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado. SKLD LG SKL10422 WE 2932794-2002 . 002 111111111111 1111111111 1111111,111111 111111111 liii SO 3146235 01/2012004 03:50P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder 0 QUIT CLAIM DEED THIS QUIT CLAIM DEED, made this / at- day of }CO,..-ent 6-c,c 2003,by WIT J IAM H. BELL AND CAROL C. BELL, Grantors, by and between, WILLIAM H. BELL AND CAROL C. BELL, Grantees, WITNESSETH that the Grantors FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged, has this day remised, released, sold, and QUIT CLAIMED by these presents do remise, release, sell, and QUIT CLAIM unto the Grantees, their heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado described as: The Southeast Quarter of Section 30, Township 1 North, Range 63 West of the 6th P.M.,County of Weld, State of Colorado TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right,title, interest and claim whatsoever of the grantors, either in law or equity,to the only proper use, benefit and behoove of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF,the Grantors have executed this Deed on date set forth above. WII IAM H. BE -,11,,,,__ CAROL BELL a e e STATE OF COLORADO) )SS COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 1 7 day of jUo e rr 6 e t 2003, by WILLIAM H. BELL AROL C. BELL. Witness my hand and official seal. 1_.. O'SAq'' •; l> My commission expires L.-1 ' a ' �O r-1) °':? ,It ' I a �.Ck. �II Bt-‘..' -r Notary Public w e cr op-O• Please Return Originals To: ,_ Intermill Land Surveying 1301 N. Cleveland Ave. Loveland,CO 80537 SKLD LG SKL10422 WE 3146235-2004 . 001 COUNTY DEPARTMENT OF PUBLIC SOE# (1J)! (AltI H AND ENVIRONMENT ORG PERMIT# 1555 N. 17TH AVENUE REPAIR# GREELEY, COLORADO 80631 LOAN # IiDc. PHONE: (970) 304-6415 ISDS# U . 03A FAX: (970) 304-6411 COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE/ � FILL OUT IN BLACK INK ONLY) PARCEL NO. 092-e, PITT�- 3u- t -cb-(�C./ PROPERTY OWNER It) l.'am 17/1?0//- Caro/c , Fe-// PHONE NO. (3a.3) 7 ?.,7 /,/Z e// MAH,INGADDRESS Tao it/r t4 ra,J/9'r 51: kPP he-Cbin"? ("O, WC)'6 </q City State Zip DESCRIPTION OF BUILDING (ex. house, mobile/modular home,shop,office) 2-/le ,; S aSITE/LOCATION ADDRESS /4 7/ GJ,<.', 7 , 3 /%en s' vey CO, 70 4 ea City State Zip LEGAL DESCRIPTION PT S'-f:A-, PT/Y/4SECTION ?p TOWNSHIP /A1/ RANGE Z3 4.2 SUBDIVISION LOT BLOCK FILING CENCUS TRACT LOT SIZE/ACRES COMMERCIAL YES/ RESIDENTIAL (YES//NO NUMBER OF PERSONS BASEMENT PLUMBING_ YES)NO bja le,r //ea4.r BEDROOMS 3 BA HROOMS-FULL / 3/4 / 1/2 WATER SUPPLY-PUBLIC YE / NA I. PRIVAT YE O WELL ' O CISTERN YES . O WELL/CISTERN# SYSTEM SIZE: Septic tank material is constructed of CCY}C i-e7/, and has //IDD gallons FIELD: Trench square feet or Bed Wed square feet YEAR INSTALLED You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate location, length,width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed, as described,and a sts at this time on the parcel of ground identified by the above legal des tion and further states that the systeinis's not in IturPngtorder and to the best of his/her knowledge i is no ailing to function properi �` .E......j O,�pasr I further understand t -q falsificatiQrrmisrepresentation may result in revocation of any permit granted based upon this information &Q{ttit dpd in legal action for perjury as provided by law. �`avrty ;:fir / � � � ✓il � � � /-5 _.= a� "---1� DATE / es . ' 0 $w OWNER SIGNATURE 14,„„,O Cu, ed' Subscribed and sworn to befr""ii iiYe'"fh 1-i Mj- day of hw.2CN , 20CCL , By C14 Cl_ C ?_.€1._L Witness my hand and official seal. My commission expires \13\,,e DATE NOTARY PT y it v C_ l STATEMENT OF EXISTING INSPECTED &REVIEWED BY l ENVIRONMENTAL HEALTH SPECIALIST DATE Up - /each ndi - I004 sip 1 t .3 © JI mm rya F>' -77d1/P2 e w, SOU-74 i6 ttel SUPPLY INFORMATION SUMS! Section 30.28.133,Id), C.R.S. requires that the applicant submit to the County,Adequate evidence that a water supply that is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED 2. LAND USE ACTION 3. NAME OF EXISTING PARCEL AS RECORDED SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE 7e, 6 7 5. NUMBER OF LOTS PROPOSED c;? PLAT MAP ENCLOSED 0 YES 6. PARCEL HISTORY - Please attach copies of deeds, plats or other evidence or documentation. A. Was parcel recorded with county prior to June 1, 1972? 0 YES 0 NO B. Has the parcel ever been part of a division of land action since June 1, 1972? 0 YES 0 NO If yes, describe the previous action 7. LOCATION OF PARCEL - Include a map deliniating the project area and tie to a section corner. / �a2 [ OF I' t 114 SECTION ' O TOWNSHIP I N OS RANGE (2 3 ❑ E yx W PRINCIPAL MERIDIAN: $ 6TH 0 h.M. 0 UTE 0 COSTILLA 8. PUT- Location of all wells on property must be plotted and permit mothers provided. Surveyors plat 0 Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REQUIREMENTS •Gallons per Day or Acre het per Year 10. WATER SUPPLY SOURCE 'EXISTING 0 DEVELOPED 0 NEW WELLS - WELLS SPRING PROPOSED MITERS_iamc cie HOUSEHOLD USE # of units GPD AF WELL PERMIT NUMBERS ❑AWm1L O UPPER ARAPAHFE ex O UPPER DAWSOE O LOWER ARAPAH0E COMMERCIAL USE p of S.F. GPO AF 9377 a LOWER DAWSOt o[ARUM Fos sus a mAPER ❑oasom O OTHER IRRIGATION # of acres GPD AF STOCK WATERING # of head GPO AF 0 MUNICIPAL O ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER GPD AF 0 COMPANY O DISTRICT TOTAL GPD AF NAME LETTER OF COMMITMENT FOR SERVICE 0 YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES 0 NO IF YES, PLEASE FORWARD WITH THIS FORM. (Thu mey be required before our review u completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM .14 SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM • DISTRICT NAME ❑ LAGOON 0 VAULT • LOCATION SEWAGE HAULED TO O ENGINEERED SYSTEM (Attache copy of engineering design) 0 OTHER IG �, —c6 U r1OD J F O —� .e--,J U a +. J C ii LO lf) Cr) OCD 4 Q O — N CS c0 II' cD M W Q t O h Q O O U) U • ': : 1N'Sr . M M r0.- o .a r— r- O O _ C1 Z d U L f0 �• tip ti. .; �Q it • iib +-• O O O '— c4 3 4 3' a u) 111.,rte ! •o 'co � + O o CO d O O N o W 0 c ► Q O U � � � � � v J .c 2 Z M o N O LL O k� �r a E n. O co N Z O C13 fieM S•., ,r k (n c m c 4 H .9 CD ► z U zo _1 c >. 0 U •Q. ► d Z -- r- ccnn f et a MOCl. O cii, Z d �, v c/� Q QLl ® ® D<lEl --Ic �.,., Q 3 ► o a o a I '_ ► f"' cG f.L 13-5 ce 2 y W 6 i, •7 a r o f6 ► I--p d o co v, 6.n o O I 1.1 005'5 ao air( i � tri N T Z:t.\ c 03 o :mac _9m I • • i • 0 > • o -a +® N ® t• ■ • ! Q mi C"-- Q I N ■ ON 1 ✓ a) L U L O z cu ma, LL Qu ■ • • ■ t/0 LNN ■ < CZti.. 2 gat is 3 OZn c a c"'E. o Q O o' ++ m N v E Q - a O U .. I ,_ ru I O C ■ • O O o • e • • • m 0 Colorado's WellView Web - VOetails: Receipt 906519040.1 Page 1 of 2 Permit Constructed Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 9065190 Division: 8 Permit#: 69377-- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present EAGLE PEAK FARMS LTD 1942 BRODWAY SUITE 406 BOULDER,CO 80302 [—] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NE NE 30 1.0N 63.0W Sixth 1000 N 250 E Northing(UTM y): 4430878.0 Easting(UTM x): 545100.8 Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 06/19/1973 Date Expires: Use(s): DOMESTIC Aquifer ALL UNNAMED AQUIFERS STOCK (s): Special Use: Area which may be irrigated: Maximum annual volume of appropriation: 1 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Well Construction Date:07/26/1973 Pump Installation Date:08/01/1973 Well Plugged: 1st Beneficial Use:08/01/1973 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 50 Lic# Name Address Phone Number Driller 1 HOLDEN,B L BOX 188 HUDSON,CO 80642 303-536-4431 Pump 1 HOLDEN,B L BOX 188 HUDSON,CO 80642 303-536-4431 Installer [-] Application/Permit History Pump Installation Report Received 08/08/1973 Well Construction Report Received 08/08/1973 First Beneficial Use 08/01/1973 Pump Installed 08/01/1973 Well Constructed 07/26/1973 Permit Issued 06/19/1973 http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=9065190 11/6/2009 Colorado's WellView Web - Vetails: Receipt 9065190 Page 2 of 2 101)Application Received 06/11/1973 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/04/2007 No EEMATER RESOURCES WE rr4 WE as Copyright©2009 Colorado Division of Water Resources.All rights reserved. http://www.dwr.state.co.us/Well ViewWeb/View.aspx?receipt=9065190 11/6/2009 Colorado's WellView Web - Veetails: Receipt 0379338R Page 1 of 2 Well status UNKNOWN Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 0379338R Division: 8 Permit#: 31518-FP- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present PV WATER HOLDINGS LLC 9145 EAST KENYON AVE STE 200 DENVER,CO 80237- [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW NE 30 1.0N 63.0W Sixth 2633 N 2646 E Northing(UTM y): 4430370.4 Easting(UTM x): 544365.8 Location Accuracy: User supplied Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 06/01/2004 Date Expires: Use(s): MUNICIPAL Aquifer QUATERNARY ALLUVIUM Special Use: (s): Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 31518-FP- 0379338R Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate [-] Application/Permit History Permit Issued 06/01/2004 Application Received 01/03/1995 [-] Imaged Documents Document Name Date Imaged Annotated http://www.dwr.state.co.us/WellVieWWeb/View.aspx?receipt=0379338R 11/6/2009 Colorado's WellView Web - Vetails: Receipt 0229201A Page 1 of 2 Permit Constructed Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 0229201A Division: 8 Permit#: 31518-FP- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present PV WATER HOLDINGS LLC 9145 EAST KENYON AVE STE 200 DENVER,CO 80237- [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW NE 30 1.0N 63.0W Sixth 2633 N 2646 E Northing(UTM y): 4430370.4 Easting(UTM x): 544365.8 Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 05/22/1987 Date Expires: Use(s): IRRIGATION Aquifer QUATERNARY ALLUVIUM Special Use: (s): Area which may be irrigated: 640 ACRES Maximum annual volume of appropriation: 640 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 235-R- 9058370 Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: 05/01/1952 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 1300 Lic# Name Address Phone Number Driller 513 RANK,SAMUEL C 1106 50TH AVE GREELEY,CO 80634 303-352-8130 [-] Application/Permit History Permit Issued 05/22/1987 Application Received 08/19/1982 First Beneficial Use 05/01/1952 [-] Imaged Documents Document Name Date Imaged Annotated Final Permit 12/01/2007 No Original File 12/01/2007 No http://www.dwr.state.co.us/WellViewWebNiew.aspx?receipt=0229201A 11/6/2009 Colorado's WellView Web - Vi etails: Receipt 0229201AIIIIID Page 2 of 2 Change in Owner Name/Address 11/29/2007 No Correspondence, Memos,Findings&Hearings 11/29/2007 No Aill mum , COLORADOO 1904 dF W3cri,""4 W3�,Css 4 WATER RESOURCES V� Copyright©2009 Colorado Division of Water Resources.All rights reserved. http://ww w.dwr,state.co.us/WellViewWeb/View.aspx?receipt=0229201 A 11/6/2009 C9lorado's WellView Web -Vetails: Receipt 0379338T Page 1 of 2 Well status UNKNOWN Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 0379338T Division: 8 Permit#: 31520-FP- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present PV WATER HOLDINGS LLC 9145 E KENYON AVE STE 200 DENVER,CO 80237- [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NE 30 1.0N 63.0W Sixth 1900 N 1250 E Northing(UTM y): 4430599.4 Easting(UTM x): 544793.4 Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 06/01/2004 Date Expires: Use(s): MUNICIPAL Aquifer QUATERNARY ALLUVIUM Special Use: (s): Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 31520-FP- 0379338T Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate [-] Application/Permit History Permit Issued 06/01/2004 Application Received 01/03/1995 [-] Imaged Documents Document Name Date Imaged Annotated http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=0379338T 11/6/2009 Colorado's WellView Web - Vnetails: Receipt 0262960A Page 1 of 2 Permit Constructed Help j Last Refresh:11/6/2009 12:03:00 AM Receipt: 0262960A Division: 8 Permit#: 31520-FP- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present PV WATER HOLDINGS LLC 9145 E KENYON AVE STE 200 DENVER,CO 80237- [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NE 30 1.0N 63.0W Sixth Northing(UTM y): 4430577.4 Easting(UTM x): 544970.8 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 05/22/1987 Date Expires: Use(s): IRRIGATION Aquifer QUATERNARY ALLUVIUM Special Use: (s): Area which may be irrigated: 640 ACRES Maximum annual volume of appropriation: 560 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 233-WCB- C010233 Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use:07/01/1955 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 1100 Lic# Name Address Phone Number Driller 513 RANK,SAMUEL C 1106 50TH AVE GREELEY,CO 80634 303-352-8130 [-] Application/Permit History Permit Issued 05/22/1987 Application Received 03/10/1986 First Beneficial Use 07/01/1955 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/01/2007 No Change in Owner Name/Address 11/29/2007 No http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=0262960A 11/6/2009 Colorado's WellView Web - Vetails: Receipt 0262960A111 Page 2 of 2 Correspondence.Memos.Findings&Hearings 11/29/2007 No Correspondence, Memos.Findings&Hearings 11/27/2007 No Well Construction&Test 11/27/2007 No WtllY iew Web m or , , 4 w��css ATER RESOURCES Copyright©2009 Colorado Division of Water Resources.All rights reserved. http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=0262960A 11/6/2009 Colorado's WellView Web - V�etails: Receipt 0043989101 Page 1 of 2 Permit Issued; Completion Status Unknown Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 0043989 Division: 8 Permit#: 43989-MH- Water District: 1 Well Name/ #: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Address City/State/Zip Name Unknown-Present PV WATER HOLDINGS LLC C/O JR ENGINEERING LLC 6020 GREENWOOD PLAZA GREENWOOD VILLAGE,CO 80111 BLVD [-] Location Information Approved Well Location: Q40 9160 Section Township Range PM Footage from Section Lines SW NE 30 1.0N 63.0W Sixth Northing(UTM y): 4430573.5 Easting(UTM x): 544564.6 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 08/25/2004 Date Expires: 11/22/2004 Use(s): OTHER Aquifer QUATERNARY ALLUVIUM Special Use:MONITORING WELL (s) Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate Lic# Name Address Phone Number Driller 21 LESH JR.,ED BOX 56-113 5 HWY 85 AULT,CO 80610-0056 970-834-2868 [-] Application/Permit History Permit Issued 08/25/2004 Application Received 08/24/2004 [-] Imaged Documents Document Name Date Imaged Annotated Monitoring Hale Notice 11/29/2007 No http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=0043989 11/6/2009 • Colorado's WellView Web - Vetails: Receipt 9061516 Page 1 of 2 4111 Permit Constructed Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 9061516 Division: 8 Permit#: 13205-- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present EAGLE PEAK FARMS LTD 1942 BROADWAY SUITE 406 BOULDER,CO 80302 I [—] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NE NE 30 1.0N 63.0W Sixth 1412 N 596 E Northing(UTM y): 4430750.9 Easting(UTM x): 544994.1 Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: Date Expires: Use(s): STOCK Aquifer ALL UNNAMED AQUIFERS Special Use: (s). Area which may be irrigated: Maximum annual volume of appropriation: 1 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: 10/19/1962 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 40 I [-] Application/Permit History First Beneficial Use 10/19/1962 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/07/2007 No http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=9061516 11/6/2009 Colorado's WellView Web - V.Details: Receipt 9058370 • Page 1 of 2 Permit Canceled Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 9058370 Division: 8 Permit#: 235-R- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present PROSPECT VALLEY FARMS LTD 1992 BROADWAY STE 506 LONGMONT,CO 80501 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW NE 30 1.0N 63.0W Sixth Northing(UTM y): 4430573.5 Easting(UTM x): 544564.7 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: Date Expires: Use(s): IRRIGATION Aquifer QUATERNARY ALLUVIUM Special Use: (s): Area which may be irrigated: 640 ACRES Maximum annual volume of appropriation: 640 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 31518-FP- 0379338R Comments:New number 31518-FP assigned as final permit. [-] Construction/Usage Details Well Construction Date:03/31/1937 Pump Installation Date: Well Plugged: 1st Beneficial Use: 04/30/1952 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 92 20 35 21 1300 [-] Application/Permit History Permit Canceled 05/14/1997 First Beneficial Use 04/30/1952 Well Constructed 03/31/1937 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/07/2007 No Original File 12/07/2007 Yes http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=9058370 11/6/2009 Colorado's WellView Web - V.Details: Receipt C620140 • Page 1 of 2 Permit Constructed Help Last Refresh:11/6/2009 12:03:00 AM Receipt: C620140 Division: 8 Permit#: 140-WCB- Water District: 1 Well Name/ #: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present ABBOTT ALLEN G KEENESBURG,CO 80643- [—] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NE 30 1.0N 63.0W Sixth Northing(UTM y): 4430370.5 Easting(UTM x): 544356.3 Location Accuracy: User supplied Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 03/15/1955 Date Expires: Use(s): IRRIGATION Aquifer QUATERNARY ALLUVIUM Special Use: (s): Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 31519-FP- 00465428 Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use:07/29/1954 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 90 56 91 34 850 Lic it Name Address Phone Number Driller 1 HOLDEN,B L BOX 188 HUDSON,CO 80642 303-536-4431 [-] Application/Permit History Permit Issued 03/15/1955 First Beneficial Use 07/29/1954 I [-.1 Imaged Documents Document Name Date Imaged Annotated Orioinal File 07/12/2006 No http://www.dwr.state.co.us/Wel1ViewWeb/View.aspx?receipt=C620140 11/6/2009 Colorado's WellView Web - V]etails: Receipt C010233 Page 1 of 2 Permit Constructed Help Last Refresh:11/6/2009 12:03:00 AM Receipt: C010233 Division: 8 Permit#: 233-WCB- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present ABBOTT ALLEN 6 KEENESBURG,CO 80643- 1—] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NE 30 1.0N 63.0W Sixth Northing(UTM y): 4430577.5 Easting(UTM x): 544970.9 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 03/28/1955 Date Expires: Use(s): IRRIGATION Aquifer QUATERNARY ALLUVIUM Special Use: (5): Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 237-R- 9058373 Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use:03/22/1955 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 95 61 91 26 1100 Lic# Name Address Phone Number Driller 1 HOLDEN,B L BOX 188 HUDSON,CO 80642 303-536-4431 [-] Application/Permit History Application Received 03/28/1955 Permit Issued 03/28/1955 First Beneficial Use 03/22/1955 [-] Imaged Documents Document Name Date Imaged Annotated Original File 07/11/2006 No http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=C0 10233 11/6/2009 Colorado's WellView Web - Vetails: Receipt 0012457 • Page 1 of 2 Application Denied Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 0012457 Division: 8 Permit#: 174-AD- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present BUSCH ROBERT]. LONGMONT,CO 80501 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NE NE 30 1.0N 63.0W Sixth Northing(UTM y): 4430979.9 Easting(UTM x): 544974.5 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 05/05/1966 Date Expires: Use(s): IRRIGATION Aquifer ALL UNNAMED AQUIFERS Special Use: (s): Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 13205-- 9061516 Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate [-] Application/Permit History Permit Issued 05/05/1966 [-] Imaged Documents Document Name Date Imaged Annotated ri in I it 11/30/2007 No http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=00 12457 11/6/2009 Colorado's WellView Web - Vetails: Receipt 9058371 a Page 1 of 2 Permit Canceled Help Last Refresh:11/6/2009 12:03:00 AM Receipt: 9058371 Division: 8 Permit#: 236-R- Water District: 1 Well Name /#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present PROSPECT VALLEY FARMS LTD 1492 BROADWAY STE 506 BOULDER,CO 80302 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NE 30 1.ON 63.0W Sixth Northing(UTM y): 4430577.4 Easting(UTM x): 544970.8 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: Date Expires: Use(s): IRRIGATION Aquifer QUATERNARY ALLUVIUM Special Use: (s): Area which may be irrigated: 640 ACRES Maximum annual volume of appropriation: 400 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 31519-FP- 03793385 Comments:New number 31519-FP assigned as final permit. [-I Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use:07/31/1954 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 91 56 91 34 800 [-3 Application/Permit History Permit Canceled 09/06/2006 First Beneficial Use 07/31/1954 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/07/2007 No http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=9058371 11/6/2009 Colorado's We1lView Web -Vetails: Receipt 9058373gill Page 1 of 2 Permit Canceled l Help , Last Refresh:11/6/2009 12:03:00 AM Receipt: 9058373 Division: 8 Permit#: 237-R- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present PROSPECT VALLEY FARMS LTD 1492 BROADWAY STE 506 BOULDER,CO 80302 [—] Location Information Approved Well Location: Q4O Q16O Section Township Range PM Footage from Section Lines SE NE 30 1.0N 63.0W Sixth Northing(UTM y): 4430577.4 Easting(UTM x): 544970.8 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: Date Expires: Use(s): IRRIGATION Aquifer QUATERNARY ALLUVIUM Special Use: (5): Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): 31520-FP- 0379338T Comments:New number 31520-FP assigned as final permit. [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use:06/30/1955 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 91 26 1100 [-3 Application/Permit History Permit Canceled 06/07/2006 First Beneficial Use 06/30/1955 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/07/2007 No Original File 12/07/2007 Yes Original File 12/01/2007 No http://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=9058373 11/6/2009 Hello