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Home My WebLink About20100174.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENT -S & E INVESTMENTS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Purchase of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and S&E Investments, LLC,Attn: Masoud Shirazi, Manager, 1770 25th Avenue, Suite 302, Greeley, Colorado 80634,with terms and conditions being as stated in said agreement, for the purchase of property described as: All of the real property and improvements described on the attached Exhibit "A." WHEREAS, after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Agreement for Purchase of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and S & E Investments, LLC, Attn: Masoud Shirazi, Manager, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. 2010-0174 LC : 54C PR0032 rb Exhibit A Parcel 1: A part of Tract "B", WELD COUNTY BUSINESS PARK P.U.D., a subdivision of the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West, of the 6th P.M., and considering the North line of the NE1/4 to bear North 89 degrees 34 minutes 39 seconds West to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89 degrees 34 minutes 39 seconds West along the North line of the NE 1/4, a distance of 525.00 feet; thence South 00 degrees 25 minutes 21 seconds West, a distance of 50.00 feet to the South right-of-way line of"O" Street, the Northwest Corner of Parcel 1, and the True Point of Beginning; thence South 89 degrees 34 minutes 39 seconds East along the South right-of-way line of"O" Street, a distance of 445.59 feet to a point on a curve to the right having a radius of 30.00 feet, a central angle of 89 degrees 34 minutes 40 seconds, an arc distance of 46.90 feet, the long chord of which bears South 44 degrees 47 minutes 20 seconds East, a distance of 42.27 feet to a point on the West right-of-way line of 11th Avenue; thence South 00 degrees 00 minutes 00 seconds East along the West right-of-way line of 11th Avenue a distance of 515.74 feet; thence leaving said West right-of-way line North 89 degrees 34 minutes 39 seconds West, a distance of 592.57 feet to a non-tangent point on a curve concave to the Northwest having a radius of 455.00 feet, a central angle of 41 degrees 18 minutes 00 seconds, an arc distance of 327.97 feet, the long chord of which bears North 21 degrees 04 minutes 21 seconds East, a distance of 320.92 feet; thence North 00 degrees 25 minutes 21 seconds East, a distance of 245.20 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. Parcel 2: A part of Tract "B", WELD COUNTY BUSINESS PARK P.U.D., a subdivision of the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th P.M., and considering the North line of the NE1/4 to bear North 89 degrees 34 minutes 29 seconds West to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89 degrees 34 minutes 39 seconds West along the North line of the NE1/4 a distance of 525.00 feet; thence South 00 degrees 25 minutes 21 seconds West a distance of 50.00 feet to the South right-of-way line of"O" Street, the Northeast Corner of Parcel 2, and the True Point of Beginning; thence South 00 degrees 25 minutes 21 seconds West a distance of 245.20 feet to a point on a curve to the right having a radius of 455.00 feet, a central angle of 41 degrees 18 minutes 00 seconds, an arc distance of 327.97 feet, the long chord of which bears South 21 degrees 04 minutes 21 seconds West, a distance of 320.92 feet; thence North 89 degrees 34 minutes 39 seconds West, a distance of 84.52 feet to a non-tangent point on a curve concave to the Northwest having a radius of 395.00 feet, a central angle of 46 degrees 39 minutes 03 seconds, an arc distance of 321.61 feet, the long chord of which bears North 23 1 degrees 44 minutes 52 seconds East, a distance of 312.80 feet; thence North 00 degrees 25 minutes 21 seconds East, a distance of 245.20 feet to a point on the South right-of-way line of "O" Street; thence along said South right-of-way line South 89 degrees 34 minutes 39 seconds East a distance of 60.00 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. Parcel 3: A part of Tract "B", WELD COUNTY BUSINESS PARK P.U.D., a subdivision of the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th P.M., and considering the North line of the NE1/4 to bear North 89 degrees 34 minutes 29 seconds West to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89 degrees 34 minutes 39 seconds West along the North line of the NE1/4 a distance of 585.00 feet; thence South 00 degrees 25 minutes 21 seconds West, a distance of 50.00 feet to the South right-of-way line of"O" Street, the Northeast Corner of Parcel 3, and the True Point of Beginning; thence South 00 degrees 25 minutes 21 seconds West a distance of 245.20 feet to a point on a curve to the right having a radius of 395.00 feet, a central angle of 46 degrees 39 minutes 03 seconds, an arc distance of 321.61 feet, the long chord of which bears South 23 degrees 44 minutes 52 seconds West a distance of 312.80 feet; thence South 47 degrees 04 minutes 24 seconds West, a distance of 19.03 feet, thence North 89 degrees 34 minutes 39 seconds West, a distance of 332.31 feet; thence North 00 degrees 25 minutes 21 seconds East, a distance of 545.50 feet to a point on the South right-of-way line of"O" Street; thence along said South right-of-way line South 89 degrees 34 minutes 39 seconds East a distance of 470.00 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. 2 AGREEMENT FOR PURCHASE OF REAL PROPERTY - S & E INVESTMENTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of January, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ELD COQc RADO ATTEST: •�: / 1�', ' �` ��_ +i -t' / 861 0 1 . Do la r, hair Weld County Clerk to Vii- =• •.;��g�` OI/ ' arbara Kirkmeyer Pro-Tem D-puty Clerk the Board c� 6I Sean P. Conway APED AS • Willi " F. cia C eel/ oun y Attorney David E. Long Date of signature: r3/070/l) 2010-0174 PR0032 9A5 AGREEMENT FOR PURCHASE OF REAL PROPERTY January 20 , 2010 1. PARTIES AND PROPERTY: The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners ("Buyer"), whose address is 915 10th Street,Greeley,Colorado 80631, Buyer,hereby agrees to purchase,and the Seller,S & E Investments, LLC . ("Seller"), whose address is 1770 25th Avenue, Suite 302,Greeley,Colorado 80634,hereby agrees to sell,on the terms and conditions set forth in this Agreement for Purchase of Real Property ("Agreement"), the real estate described in "Exhibit A",and"Exhibit B",copies of which are attached hereto and incorporated herein by reference; Also known by street and number as: 1450 North 12th Avenue, Greeley, Colorado 80631; Together with any and all other interests of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon,(including any water taps), and all attached fixtures owned by the Seller thereon(all attached fixtures owned by the existing tenant Accutel, Inc. ("Accutel") on the Property are excluded), (described herein as "the Property"). 2. PURCHASE PRICE AND TERMS: The purchase price shall be Three Million Five Hundred Thousand Dollars and no/100($3,500,000.00),payable in U.S.Dollars to Seller by Buyer on the date of closing,payable as follows: (a) EARNEST MONEY DEPOSIT: Upon the Effective Date of this Contract,Buyer shall deposit the amount of Twenty-Five Thousand Dollars ($25,000.00) (the "Earnest Deposit"), and deliver it to Heritage Title Company ("Title Company") at 7251 W. 20th Street,Building L,#100,Greeley,Colorado.The Earnest Money Deposit shall be applied to the Purchase Price, if this Contract is not terminated by the Buyer pursuant to its right to do so under paragraph 5 or 6 below. Buyer will conduct an inspection of the Property pursuant to the terms outlined in Paragraph 6(b),and if the condition of the property is acceptable to Buyer, Buyer shall place an additional $75,000.00 payment into the Escrow Deposit on or before April 1,2010. At that time,the entire Escrow Deposit shall become non-refundable, subject to the provisions of Paragraph 6, and may be immediately released by the Title Company to the Seller. (b) REMAINDER AT CLOSING: After crediting the Earnest Money Deposit to the Buyer,the remainder of the Purchase Price,subject to adjustments set forth in this Contract, including the provisions of Paragraph 6, shall be payable by the Buyer to the Seller by County Warrant at Closing. Buyer t Page 1 of 8 Seller / 1111111111111111111u111II 11111111111 11 III 11111 lul uol 3708915 08/02/2010 12:1113 Weld County, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder :9O/O -[ 74, 3. NOT ASSIGNABLE: This Agreement shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted,this Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 4. EVIDENCE OF TITLE: On or before February 15, 2010 (the "Title Deadline"), Seller shall obtain, at its sole expense,a current commitment for an owner's title insurance policy Title Company in an amount equal to the purchase price(the"Title Commitment")together with copies of all instruments or documents listed in the title Commitment as exceptions to the title ("Exceptions"). It shall be a condition precedent to Buyer's obligation to consummate and close the transaction contemplated by this Agreement that the Title Company be unconditionally and irrevocably committed,upon the closing,to issue the title insurance policy described in the Title Commitment, subject only to those Exceptions that are accepted by the Buyer in accordance with its title review under paragraph 5 below. In the event the Title Company is not so unconditionally and irrevocably committed to issue such policy upon the closing, then Buyer shall not be obligated to close the transaction and may terminate this Agreement. 5. TITLE: (a) TITLE REVIEW: Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given to Seller on or before twenty (20) calendar days after Title Deadline and receipt of all instruments and documents listed as Exceptions,or within five(5)calendar days after receipt by Buyer of any new Title Documents not shown on the Title Commitment or endorsement(s)adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) MATTERS NOT SHOWN BY THE PUBLIC RECORDS: Seller shall deliver to Buyer, on or before January 31, 2010, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements,liens or other title matters not shown by the public records of which Seller has actual knowledge.Buyer,or any designee, shall have the right to inspect the Property to determine if any third party(ies) has/have any right in the Property not shown by the public records (such as an unrecorded easements, unrecorded leases, or boundary line discrepancies). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller no later February 23, 2010. After such date required for notification and until closing, (i) Seller shall immediately disclose to Buyer the existence of any easements,liens,or other title matters not previously disclosed to Buyer and of which Seller become aware, and (ii) Buyer shall have an ongoing right to inspect the Property to determine the existence of any potential or actual third-party rights in or claims to the Property which may arise after such date. In the event Seller notifies Buyer of any new � Buyer air Page 2 of 8 Seller /1�� / 111111111111111111 HI IIII 1311 11111 III 11111 IIII IIII 3708915 08/02/2010 12:11P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder condition pursuant to subparagraph(i)above, which condition is unsatisfactory to Buyer as determined in Buyer's sole and absolute discretion, or Buyer discovers any unsatisfactory condition as determined in Buyer's sole and absolute discretion not reasonably discoverable in Buyer's prior inspection or inspections of the Property, Buyer shall notify Seller of such unsatisfactory condition within five (5) business days after the date of Buyer's receipt of Seller's notice or Buyer's inspection, as the case may be. If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. (c) RIGHT TO CURE: If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided in Subsection(a)or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s)on or before the date of closing, this Agreement shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 6. INSPECTION: (a) GENERAL PROVISIONS: Upon request by Buyer, Seller shall provide to Buyer a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer is solely responsible for and shall pay all costs associated with any inspection on the Property and shall not allow a lien to be placed on the Property resulting from any work done or requested by the Buyer. Buyer shall be responsible for and pay any and all damages, resulting from Buyer's inspection of the Property, and in the event Buyer shall fail to complete the purchase of the Property, Buyer shall return the Property to the Seller in substantially the condition the Property was in prior to the Buyer's inspection. Buyer agrees to provide the Seller with a copy of any and all inspections within five(5)days of the receipt of any reports by the Buyer. The provisions of this paragraph shall survive the closing. (b) FIRST INSPECTION: Buyer or its designee shall have the right to inspect the physical condition of the Property and Inclusions,at Buyer's expense. Buyer shall first have the right to inspect the property at a date to be determined by Buyer and Seller sometime between March 15, 2010, and March 26, 2010. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Seller on or before March 31, 2010, ("First Objection Deadline"), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer, and the Earnest Money Deposit may be transferred to Seller,pursuant to the terms of Paragraph 2 of this Agreement. If notice of any unsatisfactory condition is received by Seller as set forth above,and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before April 1, 2010, ("Resolution Deadline"),this Agreement shall terminate three(3)calendar days following the Resolution Deadline,unless,within the three(3)calendar days,Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer Page 3 of 8 Seller 1 111111 11111 1111111'1' IIII 1111111 111111 III VIII IIII III' 3708915 08/02/2010 12:11P Weld County, CO 3 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder (c) INSPECTION FOLLOWING DEPARTURE OF ACCUTEL: Seller shall notify Buyer of the date of Accutel's vacation of the Property,which shall not be later than May 31, 2010. Buyer shall then have the right to inspect the Property within ten(10)days following the date of vacation of the Property by Accutel, Inc. (Second Objection Deadline) If Buyer discovers any unsatisfactory condition(s)which did not exist at the time of the inspection in March, 2010,or which were not apparent in March due to Accutel's presence in and on the Property,Buyer shall notify Seller of such unsatisfactory condition(s). Seller shall have five (5) calendar days following the Second Objection Deadline to agree to correct such conditions,or to reduce the purchase price by the amount deemed necessary by the Buyer to correct the conditions. In the event Seller does not elect to correct the conditions or to reduce the purchase price to the amount deemed necessary by the Buyer, this Agreement shall terminate five(5)calendar days following the Second Objection Deadline. Within seven(7) calendar days of Termination, Seller shall return the Earnest Money Deposit to Buyer. 7. DATE OF CLOSING: The date of closing("Closing Date"or"Closing")shall be June 2, 2010, or by mutual agreement at an earlier date. The hour of closing shall be designated by Seller and Buyer, and the Closing shall take place at the office of the Buyer. 8. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient warranty deed to Buyer, on the Closing Date, conveying the Property free and clear of all encumbrances of record and taxes,except the general taxes for the year of closing. 9. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid,including,but not limited to, a prorated amount of the property taxes through the Closing Date,for the tax year 2010 and all previous years' taxes, and any special assessments payable for the 2010 calendar year or any previous year,shall be paid at or before the Closing Date by Seller from the proceeds of this action or from any other source. 10. CLOSING COSTS,DOCUMENTS AND SERVICES: Buyer shall pay the documentary fee and costs to record the deed. Seller and Buyer shall equally divide the closing fee charged by the Title Company. Seller shall pay all utility costs through the Closing Date, including water and sewer charges and Buyer shall pay all such costs after the Closing Date. Buyer and Seller shall sign and complete all customary or required documents at or before closing. 11. PROBATIONS: Seller shall pay the general taxes for 2010, the year of closing,based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s), if any. Buyer shall be responsible for the payment of all insurance on the property from the date of sale,and Seller shall be entitled to any refund of insurance premium(s)paid for coverage after the date of the sale. Buyer Ii122 Page 4 of 8 Seller /170 !j I111111111111111 IIII IIII 1111111 111111 III 11111 IIII 1111 3708915 08/02/2010 12:11P Weld County, CO 4 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder No other expenses, taxes, or assessments shall be prorated to the Closing Date, except as noted in this Agreement. 12. POSSESSION: The Property is presently leased to Accutel, Inc. under a lease ("Accutel Lease")that is scheduled to terminate on May 31,2010. Seller shall take reasonable steps to insure that Accutel, Inc., vacates the Property by May 31, 2010,but in the event Accutel is has not vacated the Property by May 31, 2010, the Closing Date may be extended by the Seller for up to 30 days. Buyer shall be entitled to possession of the Property upon closing. Subsequent to the date of this Agreement and prior to the closing, Buyer, its agents and employees shall be entitled to enter upon the Property for the purpose of making inspections thereof, subject to the rights of Accutel Lease. 13. CONDITION/USE OF PROPERTY: Other than the Accutel Lease, Buyer is unaware of the existence of any lease or other agreement concerning the property which would interfere with Buyer's rights to own and possess the property. Other than the Accutel Lease, Seller represents to Buyer that it has not entered into any Lease or other agreement with any third party which could interfere with Buyer's occupation and use of the property for any purpose. Buyer is relying on its own inspections and observations of the Property and not upon any representations of the Seller. 14. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF BUYER IS IN DEFAULT: Seller may elect to treat this Agreement as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this Agreement as canceled,in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this Agreement as being in full force and effect and Buyer shall have the right to specific perf0ormance or damages, or both. (c) COSTS AND EXPENSES: Anything to the contrary herein notwithstanding,in the event of any litigation arising out of this Agreement the court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 15. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Buyer and Seller acknowledge that each of them has been advised that this document has important legal consequences, and that each is aware of the importance of the examination of all Buyer 42 Page 5 of 8 Seller //4 111111111111111111 IIII IIII 1111111111111 III 11111 III! IIII 3708915 08/02/2010 12:11P Weld County, CO 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder documents of title,and that to their individual satisfaction,each has consulted with legal and tax or other counsel before signing this Agreement. 16. NOTICE TO BUYER: Any notice to Buyer shall be effective when received by Buyer. Notice to Buyer shall be given to: Weld County Monica Mika Administrative Services 915 Tenth Street Greeley, Colorado 80631 17. NOTICE TO SELLER: Any notice to Seller shall be effective when received by Seller. Notice to Seller shall be given to: S & E Investments, LLC Masoud Shirazi, Manager 1770 25th Avenue, Suite 302 Greeley, Colorado 80634 18. MODIFICATION OF THIS AGREEMENT: No subsequent modification of any of the terms of this Agreement shall be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. 20. NOTICE OF ACCEPTANCE: COUNTERPARTS: This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before January 25, 2010, ("Acceptance Deadline"). If accepted,this document shall become an Agreement between Seller and Buyer. A copy of this document may be executed by each party, separately,and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete Agreement between the parties. 21. ADDITIONAL PROVISIONS: (a) NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. Buyer Ap_ Page 6 of 8 Seller 111111111111 111111 IIII IIII 1111111 111111 II 111111III IiI1 3708915 08/02/2010 12:11P Weld County, CO 6 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder (b) NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. (c) SEVERABILITY: If any clause, provision, subsection, section or article of this Agreement shall be held to be invalid,illegal or unenforceable for any reason,the invalidity, illegality or enforceability of such clause,provision, subsection, section or article shall not affect any of the remaining provisions of this Agreement. (d) REMOVAL OF PERSONAL PROPERTY: Seller shall remove all personal property, including but not limited to desks, electronic equipment and/or computer equipment from the premises on or before the Closing Date. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to, and be binding upon, the heirs, executors, administrators, successors, and assigns of the respective parties hereto. Buyer Page 7 of 8 Seller I IIIIII 11111111111 IIII 11111111111111111 III IIIII IIII IIII 3708915 08/02/2010 12:11P Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. SELLE • stments, hirazi, Manat- The foregoing document was acknowledged before me this/9T ay ofCLAnt 2010, by Masoud Shirazi, Manager, S & E Investments, LLC. tary Public My Commission expires: (9/ d' BE CKMAN ; 5 q BUYER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, ..\\4 E.ta STATE OF COLORADO /8 By: 1�L(r"a��► r yr ✓ i-puty Clerk to the Board `© J Douglas Rademaq er, Chair JAN 2 0 2010 Buyer 471 Page 8 of 8 Seller /0 111111111111111111111111111111111 111111 III 11111 1111 IIII 3708915 08/02/2010 12:11P Weld County, CO 8 of 8 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Esther Gesick From: Don Warden Sent: Tuesday, January 26, 2010 10:39 AM To: Esther Gesick Subject: FW: H0266344- 1450 N 12Th Ave, Greeley, Co 80631-2098 Attachments: Open_Access_-_Title_Documents-823410.pdf; Open_Access=_Title_Documents-822845.pdf; Open_Access=_Title_Documents-822836.pdf Here are copies of the title insurance policies for the Sykes Building we are buy for you files. Thanks, Don Original Message From: Stephanie Arries Sent: Friday, January 22, 2010 7:57 AM To: Don Warden; Bruce Barker; Monica Mika; Pat Persichino; Leon Sievers Subject: FW: H0266344- 1450 N 12Th Ave, Greeley, CO 80631-2098 FYI Original Message From: Mike Krosky [mailto:mkrosky@co.titlegroup.fntg.com] Sent: Thursday, January 21, 2010 4:56 PM To: Stephanie Arries Subject: H0266344- 1450 N 12Th Ave, Greeley, CO 80631-2098 "Attached please find the title insurance information on your recent real estate transaction. Please contact your closer and/or business development representative with any questions. Thank you for choosing us for your settlement services needs." The following files are attached to this email: open_access_-_title_documents-823410.pdf File Number: H0266344 Document Type: Open Access - Title Documents Description: Prelim/Commitment open_access_-_title_documents-822845.pdf File Number: h0266344 Document Type: Open Access - Title Documents Description: vesting deed open_access_-_title_documents-822836.pdf File Number: h0266344 Document Type: Open Access - Title Documents Description: Plat Map &n..12.4.4-4.4-- ( C,,dA. ,,7010 - oi71 a-I-ZOiO 1 pp_ )3 -- TITLE DEPARTMENT-DELIVERY TRANSMITTAL H T@ Heritage 950 S.Cherry St.Suite 1500 Title Company Denver,CO 80246 Phone:(303)691-3333 Fax: (000)000-0000 DATE: January 21,2010 FILE NUMBER: 597-H0266344-320-DB6 PROPERTY ADDRESS: 1450 N 12Th Ave,Greeley,CO 80631-2098 OWNER/BUYER: S&E Investments,LLC,a Colorado limited liability company/Weld County YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: R0355194 R0355394 PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal: Schedule A: Schedule B-Section 1 Requirements: , Schedule B—Section 2 Exceptions: Should you have any questions regarding these materials,or our new on-line transaction management program TitleVault,please contact Heritage Title Company at the above phone number. We sincerely thank you for your business. Cli, TITLE VAULT transaction management system TO: Heritage Title Company ATTN: Darella Bloch Greeley 20th Escrow PHONE: (970)330-7222 7251 West 20th Street FAX: (970)330-5477 Building L Suite 100 E-MAIL: dbloch@heritagetco.com Greeley,CO 80634 DELIVERY: E-MAIL NO.OF COPIES: I TO: S& E Investments,LLC,a Colorado limited liability PHONE: company MOBILE: Masoud Shirazi,Manager FAX: 1770 25th Avenue Suite 302 E-MAIL: Greeley,CO 80634 DELIVERY: Express Del NO.OF COPIES: 1 ®If checked,supporting documentation enclosed TO: Weld County PHONE: Attn:Monica Mika MOBILE: 915 Tenth Street FAX: Greeley,Co 80631 E-MAIL: DELIVERY: Express Del If checked,supporting documentation enclosed NO.OF COPIES: I TO: Otis Coan and Peters LLC ATTN: Fred Otis 1812 56th Avenue PHONE: (970)330-6700 MOBILE: (000)000-0000 Greeley,CO 80634 FAX: (970)330-2969 E-MAIL: Rotis@nocolegal.com REF NO: DELIVERY: Email Ed If checked,supporting documentation enclosed NO.OF COPIES: 1 I 1 � g TITLE DEPARTMENT-DELIVERY TRANSMITTAL Herita a 950 S.Cherry St.Suite 1500 Title Company Denver,CO 80246 Phone:(303)691-3333 Fax: (000)000-0000 TRANSMITTAL (CONTINUED) TO: Weld County ATTN: Stephanie Arries 915 10th Street PHONE: MOBILE: Greeley,Co 80631 FAX: E-MAIL: sarries@co.weld.co.us REF NO: DELIVERY: Email ®If checked,supporting documentation enclosed NO.OF COPIES: 1 END OF TRANSMITTAL HTC"' Heritage Title Company Date: January 21, 2010 RE: Buyer/Borrower: Weld County Seller(s): S & E Investments, LLC,a Colorado limited liability company Property Address: 1450 N 12Th Ave, Greeley, CO 80631-2098 Commitment Number:597-H0266344-320-DB6 Your Reference Number: We would like to thank you for choosing Heritage Title Company for your title insurance needs. Schedule/Tax Parcel Number: R0355194 R0355394 For all of closing needs, your Escrow Officer is: Darella Bloch: Please feel free to contact your closer at: (970) 330-7222, fax: (970)330-5477, email: dbloch@heritagetco.com, 7251 West 20th Street Building L Suite 100 Greeley, CO 80634. EFFECTIVE IMMEDIATELY-NEW WIRING INSTRUCTIONS PLEASE UPDATE YOUR RECORDS Wells Fargo Bank: 550 California Street, 10th Floor San Francisco, CA 94104 Account Name: Heritage Title Company Account Number: 8861647025 ABA Number: 121000248 Reference: 597-H0266344-320-DB6 1450 N 12Th Ave, Greeley, CO 80631-2098 Once again, thank you for your business, and please feel free to contact your Business Development Representative for a log-in and password to TitleVault our new on-line transaction management program. We look forward to serving all of your title needs. °TITLE VAULT Sincerely, Heritage Title Company 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 Lawyers Title Insurance Corporation COMMITMENT SCHEDULE A Commitment No: 597-H0266344-320-DB6 1. Effective Date: January 15, 2010 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a)ALTA 2006 Standard Owner's Policy $3,500,000.00 Weld County (b)None $ To be Determined 3. Fee Simple interest in the land described in this Commitment is owned, at the Effective Date by: S &E Investments, LLC, a Colorado limited liability company 4. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) 1450 N 12Th Ave, Greeley, CO 80631-2098 PREMIUMS: Owners Coverage: $3,207.00 Tax Cert: $60.00 Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees AMERICAN and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. ^ 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 Attached Legal Description Parcel 1: A part of Tract "B", WELD COUNTY BUSINESS PARK P.U.D.,a subdivision of the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31,Township 6 North, Range 65 West, of the 6th P.M.,and considering the North line of the NE1/4 to bear North 89 degrees 34 minutes 39 seconds West to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89 degrees 34 minutes 39 seconds West along the North line of the NE1/4, a distance of 525.00 feet; thence South 00 degrees 25 minutes 21 seconds West, a distance of 50.00 feet to the South right-of-way line of"O" Street, the Northwest Corner of Parcel 1, and the True Point of Beginning; thence South 89 degrees 34 minutes 39 seconds East along the South right-of-way line of"O" Street, a distance of 445.59 feet to a point on a curve to the right having a radius of 30.00 feet, a central angle of 89 degrees 34 minutes 40 seconds, an arc distance of 46.90 feet, the long chord of which bears South 44 degrees 47 minutes 20 seconds East, a distance of 42.27 feet to a point on the West right-of-way line of 11th Avenue; thence South 00 degrees 00 minutes 00 seconds East along the West right-of-way line of 11th Avenue a distance of 515.74 feet; thence leaving said West right-of-way line North 89 degrees 34 minutes 39 seconds West, a distance of 592.57 feet to a non-tangent point on a curve concave to the Northwest having a radius of 455.00 feet, a central angle of 41 degrees 18 minutes 00 seconds, an arc distance of 327.97 feet,the long chord of which bears North 21 degrees 04 minutes 21 seconds East, a distance of 320.92 feet; thence North 00 degrees 25 minutes 21 seconds East,a distance of 245.20 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. Parcel 2: A part of Tract "B", WELD COUNTY BUSINESS PARK P.U.D.,a subdivision of the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31,Township 6 North,Range 65 West of the 6th P.M.,and considering the North line of the NE1/4 to bear North 89 degrees 34 minutes 29 seconds West to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89 degrees 34 minutes 39 seconds West along the North line of the NE1/4 a distance of 525.00 feet; thence South 00 degrees 25 minutes 21 seconds West a distance of 50.00 feet to the South right-of-way line of"O" Street, the Northeast Corner of Parcel 2, and the True Point of Beginning; thence South 00 degrees 25 minutes 21 seconds West a distance of 245.20 feet to a point on a curve to the right having a radius of 455.00 feet, a central angle of 41 degrees 18 minutes 00 seconds, an arc distance of 327.97 feet, the long chord of which bears South 21 degrees 04 minutes 21 seconds West, a distance of 320.92 feet; thence North 89 degrees 34 minutes 39 seconds West, a distance of 84.52 feet to a non-tangent point on a curve concave to the Northwest having a radius of 395.00 feet, a central angle of 46 degrees 39 minutes 03 seconds, an arc distance of 321.61 feet,the long chord of which bears North 23 degrees 44 minutes 52 seconds East,a distance of 312.80 feet; thence North 00 degrees 25 minutes 21 seconds East,a distance of 245.20 feet to a point on the South right-of-way line of"O" Street; thence along said South right-of-way line South 89 degrees 34 minutes 39 seconds East a distance of 60.00 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. Parcel 3: Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees 1� MFRLCIN and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. LA• 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-OB6 A part of Tract"B", WELD COUNTY BUSINESS PARK P.U.D.,a subdivision of the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31,Township 6 North, Range 65 West of the 6th P.M., and considering the North line of the NE1/4 to bear North 89 degrees 34 minutes 29 seconds West to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89 degrees 34 minutes 39 seconds West along the North line of the NE1/4 a distance of 585.00 feet; thence South 00 degrees 25 minutes 21 seconds West, a distance of 50.00 feet to the South right-of-way line of"O" Street, the Northeast Corner of Parcel 3, and the True Point of Beginning; thence South 00 degrees 25 minutes 21 seconds West a distance of 245.20 feet to a point on a curve to the right having a radius of 395.00 feet, a central angle of 46 degrees 39 minutes 03 seconds, an arc distance of 321.61 feet, the long chord of which bears South 23 degrees 44 minutes 52 seconds West a distance of 312.80 feet; thence South 47 degrees 04 minutes 24 seconds West,a distance of 19.03 feet, thence North 89 degrees 34 minutes 39 seconds West, a distance of 332.31 feet; thence North 00 degrees 25 minutes 21 seconds East,a distance of 545.50 feet to a point on the South right-of-way line of"O" Street; thence along said South right-of-way line South 89 degrees 34 minutes 39 seconds East a distance of 470.00 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees CAN and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. n t 01/21/20103:36:21 PM Commitment No.: 597-H0266344-320-DB6 SCHEDULE B-Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. e. Property taxes and assessments for the year(s) 2010 are to be paid, pro rata by the buyer and seller at settlement. END OF REQUIREMENTS Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees ArU and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. LA 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts,rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. NOTE: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c)water rights, claims of title to water, whether or not the matters excepted under(a), (b), or(c) are shown by the Public Records. 7. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 8. All taxes and assessments,now or heretofore assessed, due or payable. 9. Oil and gas lease between Monfort Feed Lots, a Division of Monfort of Colorado, Inc., a Delaware corporation and The Colton Company dated April 18, 1979,recorded June 1, 1979 in Book 870 as Reception No. 1792317, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106,by H&C Colton Company, recorded November 3, 1986 in Book 1134 as Reception No. 02075692 and by Sunshine Valley Petroleum Corporation,recorded January 20, 1987 in Book 1143 as Reception No. 02085386 and recorded January 27, 1987 in Book 1144 as Reception No. 02086072. 10. Right of way,whether in fee or easement only, for a pipeline or pipelines or other appurtenances granted to Natural Gas Associates, a Colorado Partnership by Monfort Feed Lots, Inc. (Also known as Monfort of Colorado, Inc.), a Delaware Corporation by instrument recorded February 17, 1984 in Book 1021 as Reception No. 1956513,in which the specific location of the easement is not defined. Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. LAND TITLE t 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 11. All oil and gas deposits lying thereunder as reserved by Monfort of Colorado, Inc., a Delaware Corporation in the Deeds to Weld County, Colorado, a Body Corporate and Politic of the State of Colorado, recorded July 10, 1987 in Book 1163 as Reception No. 2106697 and re-recorded August 17, 1987 in Book 1167 as Reception No. 02110746,and July 10, 1987 in Book 1163 as Reception No. 02106698 and re-recorded August 17, 1987 in Book 1167 as Reception No. 02110748, and any interests therein or rights thereunder. 12. Terms, agreements, provisions, conditions and obligations as contained in Approval document for Weld County Business Park Planned Unit Development recorded December 5, 1988 in Book 1218 as Reception No. 02164082. 13. Easements for utility, telephone, sewer and incidental purposes as shown on the Plat of said Subdivision. 14. Right of way, whether in fee or easement only, to construct, operate, maintain and remove such communication and other facilities, as granted to Mountain States Telephone and Telegraph Company, a Colorado corporation by Weld County, Colorado, recorded October 31, 1988 in Book 1214 as Reception No. 2160392, affecting the following described property: Commencing at the Northeast corner of Section 31,Township 6 North, Range 65 West of the 6th P.M., thence North 89 degrees 34 minutes 39 seconds West 400 feet, thence South 00 degrees 00 minutes 00 seconds West 60 feet to the point of beginning, thence North 89 degrees 34 minutes 39 seconds West 12 feet, thence South 00 degrees 00 minutes 00 seconds West 10 feet, thence South 89 degrees 34 minutes 39 seconds East 12 feet, thence North 00 degrees 00 minutes 00 seconds East 10 feet to the point of beginning. 15. Right of way, whether in fee or easement only, to construct,reconstruct, operate,maintain and remove such telecommunications facilities, as granted to U.S. West Communications, Inc., a Colorado corporation by County of Weld, Colorado,recorded April 22, 1991 in Book 1296 as Reception No. 2247851,affecting the following described property: Commencing at the Northeast corner of said Section 31, whence the East Quarter Corner of said Section 31 bears South 00 degrees 00 minutes 00 seconds West, which is the basis of bearing for Parcels 1 and 2; thence South 45 degrees 14 minutes 30 seconds West a distance of 98.58 feet to a point that is on the Westerly line of an easement 20.00 feet in width in Tract B,being the Point of Beginning; thence South 00 degrees 00 minutes 00 seconds West along said Westerly line a distance of 720.59 feet; thence along said Westerly line and the Northerly line of an easement 10.00 feet in width in Tract B an arc distance to the right 15.71 feet, through a central angle of 90 degrees 00 minutes 00 seconds,having a radius of 10.00 feet and a tangent length of 10.00 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 740.59 feet to the Southerly line of an easement 10.00 feet in width in Tract B; thence along said Southerly line and said Westerly line an arc distance to the right of 15.71 feet, through a central angle of 90 degrees 00 minutes 00 seconds, having a radius of 10.00 feet and a tangent length of 10.00 feet to the Point of Beginning. 16. Terms, agreements, provisions, conditions, obligations, covenants and restrictions as contained in Agreement for Sale and Purchase of Real Estate between the County of Weld and John H. Sykes, recorded July 6, 1994 in Book 1449 as Reception No. 02396260. 17. Terms, agreements,provisions, conditions and obligations as contained in Planned Unit Development Approval Document recorded April 3, 1995 in Book 1485 as Reception No. 2432443. Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. 01/21/20103:32:33 PM Commitment No.: 597-80266344-320-DB6 18. Telephone easements, utility easements and sewer easement as shown on Map recorded April 3, 1995 in Book 1485 as Reception No. 2432444. 19. Right of way, whether in fee or easement only, for drainage, utility easement, and the terms, agreements, provisions, conditions, and obligations, as contained in Dedication of Agreement, as granted to the City of Greeley by Sykes Realty, Inc., a Florida corporation by instrument recorded May 24, 1995 in Book 1493 as Reception No. 2439509, the location of said easement is shown on the map attached to said instrument. END OF EXCEPTIONS Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees f 0.1C�N and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. L. t 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company a Colorado Corporation and Lawyers Title Insurance Corporation,a Nebraska Corporation. L This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection,repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: 1450 N 12Th Ave,Greeley,CO 80631-2098 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record,in any Court,State,or Federal,nor any tax liens filed or taxes assessed against us which may result in liens,and that if there are judgments,bankruptcies,probate proceedings,state or federal tax liens of record against parties with same or similar names,that they are not against us. 4. We further represent that there arc no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which arc provided for in any document referred to in Schedule 13 of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s)know the matters herein stated are true and indemnifies Heritage Title Company,a Colorado Corporation and Lawyers Title Insurance Corporation,a Nebraska Corporation against loss,costs,damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: S&E Investments,LLC,a Colorado limited liability company State of Colorado }ss: County of Weld The foregoing instrument was acknowledged,subscribed,and sworn to before me on by S&E Investments,LLC, a Colorado limited liability company. (SEAL) Notary Public My Commission Expires: 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION Parcel L A part of Tract"B",WELD COUNTY BUSINESS PARK P.U.D.,a subdivision of the City of Greeley,County of Weld,State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31,Township 6 North,Range 65 West,of the 6th P.M.,and considering the North line of the NEI/4 to bear North 89 degrees 34 minutes 39 seconds West to the North Quarter Corner of said Section 31,with all bearings contained herein being relative thereto;thence North 89 degrees 34 minutes 39 seconds West along the North line of the NEI/4,a distance of 525.00 feet;thence South 00 degrees 25 minutes 21 seconds West,a distance of 50.00 feet to the South right-of-way line of"O"Street, the Northwest Corner of Parcel I,and the True Point of Beginning;thence South 89 degrees 34 minutes 39 seconds East along the South right-of-way line of"O"Street,a distance of 445.59 feet to a point on a curve to the right having a radius of 30.00 feet,a central angle of 89 degrees 34 minutes 40 seconds,an arc distance of 46.90 feet,the long chord of which bears South 44 degrees 47 minutes 20 seconds East,a distance of 42.27 feet to a point on the West right-of-way line of I Ith Avenue;thence South 00 degrees 00 minutes 00 seconds East along the West right-of-way line of 1 Ith Avenue a distance of 515.74 feet;thence leaving said West right-of-way line North 89 degrees 34 minutes 39 seconds West,a distance of 592.57 feet to a non-tangent point on a curve concave to the Northwest having a radius of 455.00 feet,a central angle of 41 degrees 18 minutes 00 seconds,an arc distance of 327.97 feet,the long chord of which bears North 21 degrees 04 minutes 21 seconds East,a distance of 320.92 feet;thence North 00 degrees 25 minutes 21 seconds East,a distance of 245.20 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. Parcel 2: A part of Tract"B",WELD COUNTY BUSINESS PARK P.U.D.,a subdivision of the City of Greeley,County of Weld,State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31,Township 6 North,Range 65 West of the 6th P.M.,and considering the North line of the NEl/4 to bear North 89 degrees 34 minutes 29 seconds West to the North Quarter Corner of said Section 31,with all bearings contained herein being relative thereto;thence North 89 degrees 34 minutes 39 seconds West along the North line of the NE1/4 a distance of 525.00 feet;thence South 00 degrees 25 minutes 21 seconds West a distance of 50.00 feet to the South right-of-way line of"O"Street, the Northeast Corner of Parcel 2,and the True Point of Beginning;thence South 00 degrees 25 minutes 21 seconds West a distance of 245.20 feet to a point on a curve to the right having a radius of 455.00 feet,a central angle of 41 degrees 18 minutes 00 seconds,an arc distance of 327.97 feet,the long chord of which bears South 21 degrees 04 minutes 21 seconds West,a distance of 320.92 feet;thence North 89 degrees 34 minutes 39 seconds West,a distance of 84.52 feet to a non-tangent point on a curve concave to the Northwest having a radius of 395.00 feet,a central angle of 46 degrees 39 minutes 03 seconds,an arc distance of 321.61 feet,the long chord of which bears North 23 degrees 44 minutes 52 seconds East,a distance of 312.80 feet;thence North 00 degrees 25 minutes 21 seconds East,a distance of 245.20 feet to a point on the South right-of-way line of"O"Street;thence along said South right-of-way line South 89 degrees 34 minutes 39 seconds East a distance of 60.00 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. Parcel 3: A part of Tract"B",WELD COUNTY BUSINESS PARK P.U.D.,a subdivision of the City of Greeley,County of Weld,State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31,Township 6 North,Range 65 West of the 6th P.M.,and considering the North line of the NE1/4 to bear North 89 degrees 34 minutes 29 seconds West to the North Quarter Corner of said Section 31,with all bearings contained herein being relative thereto;thence North 89 degrees 34 minutes 39 seconds West along the North line of the NEI/4 a distance of 585.00 feet;thence South 00 degrees 25 minutes 21 seconds West,a distance of 50.00 feet to the South right-of-way line of"O"Street, the Northeast Corner of Parcel 3,and the True Point of Beginning;thence South 00 degrees 25 minutes 21 seconds West a distance of 245.20 feet to a point on a curve to the right having a radius of 395.00 feet,a central angle of 46 degrees 39 minutes 03 seconds,an arc distance of 321.61 feet,the long chord of which bears South 23 degrees 44 minutes 52 seconds West a distance of 312.80 feet;thence South 47 degrees 04 minutes 24 seconds West,a distance of 19.03 feet,thence North 89 degrees 34 minutes 39 seconds West,a distance of 332.31 feet;thence North 00 degrees 25 minutes 21 seconds East,a distance of 545.50 feet to a point on the South right-of-way line of"O" Street; thence along said South right-of-way line South 89 degrees 34 minutes 39 seconds East a distance of 470.00 feet to the True Point of Beginning. Excepting therefrom Sykes Avenue. 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 Lawyers Title NIP "TM INSURANCE CORPORATION COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company AS AGENT FOR Lawyers Title Insurance Corporation Lawyers Title Insurance Corporation, a Nebraska corporation("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company. The Company will provided a sample of the policy form upon request. IN WITNESS WHEREOF, Lawyers Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. 11441 �v"a ) By: l' /alp,U1- L Countersigned: " F 'st �'' President e �W:SEALa Authorized Signatory %V. /•v *m infigt J Attest: Secretary Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees F0.CAN and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. t 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-OB6 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees Mirka and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. L^ 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 DISCLOSURE STATEMENT • Pursuant to Section 38-25-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 6), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 3-5-1, Paragraph C of Article VII, requires that "every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a)of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file an document that does not conform to requirements of this paragraph. • Section 38-25-109 (2)of the Colorado Revised Statutes, 1973,requires that a notation of the purchasers legal address, (not necessarily the same as the property address)be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. • Note:Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy(6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.. Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees .ME and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. LA:t7IT« 01/21/2010 3:32:33 PM Commitment No.: 597-H0266344-320-DB6 Effective Date 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number,tax identification number,asset information, and income information; • Information we receive from you through our Internet websites,such as your name,address, email address,Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information(excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies,as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation,the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined,settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding,court order or legal process. Page 1 of 2 Privacy Statement 01/21/2010 3:32:33 PM Commitment No.: 597-110266344-320-DB6 Fidelity National Financial, Inc. Privacy Statement(Continued) Disclosure to Affiliated Companies — We arc permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however,disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties,except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction,Amendment,or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial,Inc. 601 Riverside Avenue Jacksonville,FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement,we will post a notice of such changes on our website. The effective date of this Privacy Statement,as stated above,indicates the last time this Privacy Statement Page 2 of 2 Privacy Statement , c t 04420 CCWT0TDWW 9 00' EMLt. W ` VM -99090,4 0 N O DO y W L L CNCOO W 0 CAI W U CNU TO S N N 0 L L H in C N C C W u W F000 > N 0 0.000.C-00000 00u-N 4400,00.49 C .0 3 M C W 0 C 0 4 3 N 4 u H W -1 N „ C 7 u DD i.W ON u N4 0.N NDCWCO o L NCNo O N W C N p 0 C n L 9 Un0N N l 'fl., .N N G C W OE NE y p O L y L..1 .4iN 0 0 M 0 N lt n00 NDNO .W 4UI y >` Y W0U .v4NC4T4n28W NOEL 6QNIU0 LC E a OG 4C.NN W,NyL6 M '� 44 004-NNTq O'p,O'NU3N nN L >.F inW W W u NCU w° Np. 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The Colton Company, ._7.). fstroic"lm "crt+r ,:n 209 Cscio,Ter. 1 ........ ..... .... . ... .• .;4°�: 'en °< mo, ak' ., .;ale Colorado TccESHIP 6 N0R T!, t.:: 67_,..51 6 d P 1. .4 Section: 3C: Lot 1 (NIi.t ace.), Lot 2 (156.16 ace.), E/2 W/2 4 E/2 ( All ) _ „ 650 acres, more or less, c- Section 31: W. /I, & the North L4• .32 acres of tho NS;ill East of the private road and a 1001 right of hay over it across the N2: Nw (206,72 acres) rr . , P.56,52 tri ,. . .,,,.'r ,t. ,. 3:. .. .lr th , .,;Apriltr.,0 t'� Idreeley,, .at+ ri I reels,/, Colorado 80631 !Mir: Eight '5t..dz ee•+ Fifty + 52{10+2 I I r,,...,.r ...,., ,r.._„.. ,,.,r. .�,:......r •R" -,. ,.,.,.,..,,,r e.„. ,,r,...,«,:,b ®F I , fur uncer this rase shs ...P54 , I I r r•.•un I I.L. ly, tuz,tree .i h r I,”it,orlarnal rtr'Ira pnWri.pnirnt Of trpneWanec Or a dal, • Ill ad lt, ‘4.P.' an sint.nIstenor tot the'lime of any nerewn rm.', wilienr.er... opproprlaur togralpr *oh II Int nal Wr rani CAW'Olen,Of CO IIPaar I, I lath r•rt hilt. • iiiiirlint y� di 4 ^2i ,.. x fi r. ,- ..4a 0. ;r t 1 �• !CNFCRT FEED LOTS, a Division of Honfort ' _ > T cv W�4e „,t„Oak„n year . ,, of Colorado, a Delaware Corporation • Aeuts,aot ecretary Duane E ^lack Vice President li - yr, L k 4 1 ',:::11'7 1.. 't( Ifl•r)p P. t1I. IM1. nnA•rrlyrr I n P..rm. P L,. .. ''� , dP t" ii it, r 1>i4 el: ' F4 kJ I Y t 1r, Oll.hnn...!. ul h.v M.. n 0.` nA.I•S.n,. n (� Inr.I. I . h. C `_ ,L .h U 1 4.rn6 UaY.0 y' (f)1ItF1'Y f1P _. J ACKNUR CtIH M4Nf--IhUI\9Ul>AI '- ,nJ:.r.:q L . h.e v., I I:.r ( :.d C.i• so�j '• 'i 44 ,f > Ilv rr.:.,rd q �I to Y I.b. I LI r wbo..•.n.d , -,1 u 1 I n4�� J L r^dUed t Il..t J ;. :...ura.I r., • :v Ir•. 8 I f.J !,, tl ml purlw. tl set Inrth s-V, . l I ....'ni' I r hand end .11 vA mY L r I a J ,r. my r )� r lea I,. a.r r. . Ili:, {� '..- i.';,� ._. yr ma . r - r ..... I.Y.na h M .A Colo Yad0 AcKNOUIFIHIMEvr (Fr use by nrp..+r'.. ) ' I... c, Weld r',' 2-O T J:, nl A,^,:}' . A. `). 19 79 More m: r•rv,n IP: `u1 rG e C . I _IIS h I I c, Lr ,$ a'. I. f t . Vice President oFtIONNuRT FEED JOTS, a Division of ilonfent of y a • Co 0"ado.. d 4n e, 7orporation ,, ;u rh I Jfsed u 1 Is Ile current I vgv.r• n LS { • E(�_tit e -n n.. u n... ... r ur.d r _ ril�i n h.h. corp,n an by ib ty o) ... ._ aF ' Ils- .. i1 I �c r Flack L c.led0ed_sr:J a II M1. the Le. _ e I I.d of n.a c1ti ureCon. i, a-O714 � FA El 19 21 /A9 7 , S«r_ 02° _/9 �6 iN ii I - L k _ f f. I $ � . Cs* _ p H vi I� \1 (AI z - li - •v. • r.. !. V.. } y - — — k.. I1 1134 RE.C 02075692 11/03/96 16: 14 S6.00 1/002. F 0270 MARY ANN FEUERSTIN CLERK & RECORDER WELD CO, CO AFFIDAVIT ni' A4277S6Yc' Clark R. Colton, upon his octh first being duly sworn states and and alleges that: 1 . The affront ha,; personal knowledge of the facts and statements herein contained. jl 2. The aff iant is the dull: authorized agent of Ii L C Colton Cempan:, one of the owners of the oil and gas lease described below and has been •xpressle arc! specifically authorized to make this affidavit 3. This affidavit pertains to the following described premises: Townsh*1L6 North. Range 65 West, 6th P.N. Section 30: Lot 1 and 2, F! (All) Section 3? : NEt and the North 44.32 acres of the NW! East of the priv'tte road and a 100' right of way over !�• and across the N!2RW"t. Weld County, Colorado 4. The proml ;os described above are covered b} the following des- cribed oil and gas lease which is for a definite term of years therein provided and as long thereafter :u; pi? and gas or either of them is produced from said land or if the owner of such lease shall commence drilling ope-aticn:c at any time while said lease is in force, said !ease shall rc;is in in force and the term thereof shall continue as long as such operations continue with due diligence, and if production ti results therefrom, then as long a production continue::: 4. 1 Lease from Monfort Feed Lots, a Division cf Monfort of Cnlorath . inc. , a Delaware Corporation, as lessor te 'he Colton Company, as lessee, dated April 1.4, 1979, recorded ,., r , k 870, Reception No. 1792317, Weld County, Colorado records, cc ; Grin• Town slip p 6 North, Range 65 West , 6th P.M. r�• Sect: icn 30: Lot 1 and 2, 1i'k';, E!: (All) S' Secccn 31 : NE'.c and the North 44.32 acres of the NW'.• East y °I of the private road and a 100' richt of wt�a over and across the NW'_ . f:f `',;f Weld County, Colorado if • Y ! si Aly� �r�j�� I" 4}'3�tp r�Yl il itelA Phis I IO6P{ •i•lly.i 1.'.. Il.t :?V E 1134 RC C2075692 11/0_/86 16: ; 4 $6.00 2/002 F 02"'1 MARY ANN FEUERSTEIN CIE HE & RECORDER WELD CO, CO +p . Public orrice is hereby riven { u:" uant to Section 38-42-106, {,;; CRS, as amended, that the oil and ?':c; Icac described abOve is extended because oil/gas wills on the 512..NW, and `:n':;:i6'a of Section 30, Township i, North, Ranl•r ;,j 'west , hth P.M. . w. d Goal} , Colorado, prulue ins in paying quantities were completed on Jana rp 10, 1c84 an..t Jule 6, ;058, ,Ie respectively, in :he Codeli Formation, nad he reason thereot the oi: and 'r= gab lease described above and the terms thereof shall cant inut as lone fias nil or gas or Tither of them i:; produced from the premiscs. Executed this 28th day of October. 1986 Clark R. Colton, Affiant Subscribed and s.;,-rn it. before me this 28th day of October, 1986 Ph Eli f 4' t " .• :� VtiR} Vf Notary Public --.- _. ' o-7 /6 'r .LETsd/i<>,es l✓r', f ? ,. SatRadici In Ex; Tres /- //-fi .?En!✓r2 (41 qfJ Ya )-- ACKNOWLEDGEMENT S'.`ATF. OF COLORAPO; COUNTY OF DENVER 1 The foregoinv, instrument was acknowledged b^torc this 28th of cctol>fiA„ 1986, :ay Clark R. Colton. ' s f •1Ji.ngss my hand and official seal. •'4 Er . n, .C g%/ >ti. /,,4,en ac-*/ i.+ :?'t Sotiry Public f: i y s My Commission Expires /-/4/6r_- _-`IC.WL72 6GtO L _-.-- • t 1 ' iw .. -a , f j1`' i !�-'+ _-- '�l�'1 B 1144 REC 02086072 01/27/87 10:59 $6.00 1/002 �.' AR2066072 F 0222 MARY ANN F'EUEPSTEIN CLERK S RECORDER WELD CO, CO i - AR20d5406 B 1143 REC 02085386 01/20/97 14:57 $6.00 1/002 ' .� F 0737 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO I j STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 4 I ; AFFIDAVIT OF EXTENSION OF OIL AND GAS LEASE , fl The undersigned, of lawful age, having been first duly sworn upon his oath• deposes and states: 4 'K!! 1. That Sunshine Valley Petroleum Corporation is the owner and holder cf al the oil and gas lease ("Lease") set forth on Exhibit A attached hereto insofar ',i- as the Lease covers the E§NE} of Section 31, Township 6 North, Range 65 West, -�,! 6th. P.M., Weld County, Colorado. 2. That Affiant is an Attorney-in-Fact for Sunshine Valley Petroleum Corporation under that certain Limited Power of Attorney recorded in Book 1089 under Rec. No. 2030087 of the records of Weld County, Colorado. 3. That the Lease is for a definite term of years, days or months from ' the date thereof and for so long thereafter as oil or gas is produced frcm the lands covered thereby or land pooled or unitized therewith. L•v. 11"� : 4. That production of oil and gas had been obtained from the Sunshine 1 Valley Monfort #1-31 well in the NE-`.NE: of Section 31, Township 6 North, Range _ ?: 65 West. - I 5. That pursuant to Colo. Rev. Stat. §38-42-106 (1973, as amended), William G. Crews as Attorney-in-Fact for Sunshine Valley Petroleum Corporation hereby claims and provides notice of the extension of the Lease identified on • !• said Exhibit A beyond its primary term. "b . Further Affiant sayeth not. William Cre"- I . 77 ',. Subscribed and sworn to before me this 19th. day of January, 1987. ¢ -0yYAdmmission expires: �. LIDS a ll✓kdti�0.- wr PUg(Ltrj 1990 Notary Public - \„t Or c.c•. • • STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 19th. day of January, 1987, by William C. Crews. • i '.WAR).t...'",fitness my hand and official seal. , 1. :• Y •: . '\ 0 9,el„w0•.._ f I -: •lauvommisAion e ues: V��" " "'�• 0 w ("V Fd�F1� � 1 Notary Public • •Troy^ ' { { • 11 B 1143 REC 02085386 01/20/87 14157 $6.00 2/002 F 0738 MARY ANN FEUERSTEIN CLERK & RECORDER WE.:D CO, CO . I. B 1144 REC 02086072 01/27/87 10:59 $6.00 2/002 F 0223 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO l N N b I •. z j.i ., f, V ... .. H §I o 0 • • V v T IV • f, Vl • • r � ELI v O • • • • 0 1+ • v V Z 3 F.<J<N 't M Z CC M < C, ON C M > • �� F CI CC • O.C F 0 W Z .0.1.NI0UW V ,O.l W Z N O t.00 C . Q O C'1 C . 3 F r4 W • • i C W a • VI 0 •W C 0 0 a) F , ` - N O 4 1/7 O ° 0 a o • Cn S u •. v� v C via w° C . • Y O V L l IQ O N> O 0 4-1 . C >O c•0 O S d V o i :f 'st1't re t:^7iv^x, �� ,,,,,,tth1yI f<ti jl y, !1 IC"1 Pr'e H19 .r ' 0 ;.O11 I,r04 i. FF"'j F i, I MARY AC,: I FP:•'! LL' I I1 ! I, Itf:r.rl Cr:, I'C iC' }}"' rid 19 Sr 51: }} x rn'rl.rtil. Rrr.1r ' 5( lai4, ti'. 1!• ,, ....119-8A, I,iK ,if '1111. :TM t,l , "t t'i t'l e '.LV, ,,,.1 .I h.', 44, fl I by ae(trinwleeided, `tonfnrt Food Lots, Inc., (Ain', known as Monfort ot Colorado, - 1 ,n , Delaware Corporation, whose mailing address i:: P.O. Pox C J.,oley. NC' a ,i. ia.1 , 8 tl ., , h r„nailer referral to as "Grantor", does horeby bait , - I ,e.f and convoy to Natural Gas Associates, a "oloradn Partnership, ;: - 'Y} r sY.ip, it successors and assigns, hereinafter referred ;o as "Grant eo" i temporary c_on- _-- .strue:t:nn easement of 25 feet in width and a permanent e-symont of 10 foot to width, each on either side of a centerline as indicated on Exhibit A attached - . ' hereto, for the purpose from time to time of constructing, operating, inspecting, I maintaining, protecting, repairing, replacing, changing the size of and removing - ties a pi r.,:lino or pipelines, or other appurtenances, for the transportation of oil , i p i oats, petroleum productn, water, and any other substances whether fluid or sal vl, y any products and derivat Ives of any of the foregoing, and any combine, tone and .. -- -- mixtures of any of the foregoing, upon and along a route as indicated on Exhibit ' atturhe'' hereto on, over and through the: following dn,r, ib,d land lo: itod in Weld null „ State of nlnr.')n: - tee Ito West Half of the Southwest Ono Quarter !WSSW'J 5)and the Eas. If (E of the Southwest One Quarter (E5SW'i) of Se tion Thirty (701, Township Six 161 e,it•'. North, info Sixty_f,vc (651 Went of the Sixth Principal Meridian, Weld :.r'`.. , olarado. FPart rf the Wont Half of the Southeast Quarter (W'SE'r) of Section Thirty -- fi{w 'i01, Township Six (6, .North, Pin 551 West Sixth ( Ih) 4p Pantie Sixty_•i•n: f n( ihe. f 4 awe P.M., Weld County, Colorado, heir', more particularly tie-o'ribcd as follows: — r•. ' ,, '4` I nginning it the .aaithn.u:l cornur of said Sect inn if, -tn•1 ,onnnlnr Het ihp +t south Wine of 'h,. southeast Quarter (tiE',1 O1 said Section 19, „ Ii-at;nq . r 'y . . North 8')'35'14" West, with all ether tearing” contained herein being relative f I thereto; 'chance 'forth 87"35.14 West , along said South lino, 1 :45.94 foot fo - : Trio Point of Reeinnine Then-, Bent being North O'r"i5 '4' Wee! , I° 7,''1 L'r g--._c x „et , .e., Sort h 00"''8'ill E,V;t, .'148. ,, feet ; Then-,-; ,,.tt 8'. 1/•47 .a•:r , Wt. '• • 1 :31.10 feet; Thence South 60"19.1'x-' West, 2047. 11 feet In a point en the• • \ . Sri South line of the Sc.itheast Quarter (SE t,) of stud Section '.0, said point !'-:ng the True Point of beginning. EXCEPTING THEREFROM a parcel of land more part.icalarly doscrihnd as follows; '.eginning at the Southeast corner of ::aid irk .`..'4.-:‘, i FW :coon ',0, and considering the South line the NI-d, o' .vi Se,.00r. III, a. p`�' ,r,rig North 99'35'14" West , with all otherrhen } '.r rig stout rood h• r:nn rola- w • .leer thoretn, Thence North WI'1i'14" n, .,t , along said South ;Ire:, ,.^,eP, e. !eel to the True Point of Beginning; 'I'hr.ncc <ont inn!q North 85' ;5'14" .:e rot , ! f•,f alone seed S ,':th Iin., '.e)f.l'I feet: 'i'hone° North 00'.4r,'pq.. eat, 38%.'1". Nr feet; Thence South 5["14':8" Sass, 259.07 feet; Thence Sr.eth 40"26'S/" - I :,st, 48.11 foot: ThenceI 6 f AI - South [/"i1' fl" Fast , 107,1 feet ; fhms: `tenth •:0'06.13" Fast , 1 '.2.'li feet to the True Point of Ikiginn,ne. Also }': ! . Northeast 'hu,rter iNKuel of Section "hir'ty-one ( '1 ), Township :fix (I,) "v North; Pangs Sixty-five (55) West of the Sixth Principal Meridian. together with the Itmited right of morose and ogress. to and from said easemcol - ..k k.•-. .m, ,icrn,::" .,aid land and adiacenl land of Grantor f,o rtee porno,:...:: stated (1 ) V r rat ,.,,.. , .,. ,'' 8 1021 REC 01956513 02/17/84 13:41 Si2.00 2/004 F 0636 MARY ANN FEUERSTEIN CLERK t: RECORDER WELD CO, CO P :M1 • it in a:p led that the pipeline nr pipelines to en laid color the ' permanent casement shall be constructed at sufficient depth below the sur' ice i i of the around to permit normal cultivation at the time of construction, and LEI Grantor shell have the right to fully use and enjoy the above described pre•m,ses, ' ' 1 subject to the right herein granted. . 'lr t.; Grantee shall have the right to clear all trees, undergrowth ar:1 other obstructions from the herein granted easements, and Grantor agrees not. to hait 'd, • construct or create, nor permit others to build, construct or create any buildings, structures or engineering works on the herein granted permanent ^_ase- mtnt that will interfere with the normal operation :end maintenance of the said line or lines. Grantee agrees to pay to the owners and to any tenant, ;Jr; their interests �' may be, any and all damages to crops, timber, fences, drain tile, or other 4 improvements on said premises that, may arise from the exercise of the rights l:* herein granted. In the event Grantee should cease to utilize the ptpe` ,ra Cr any one of them permitted and constructed under the terms of thin Agreeme'rt , W Grantee shall have a period of one (11 year from the initial date or such non- hth use and abandonment. within which to remove said j't_,1, pipeline or on•,• one .,, rher.. i S.:-� from Grantor's property above described. Failure to do so with, lid t :me k•. e !PPMperiod shall cau !PPMabandoned pipeline, or any of them, to escheat to ,end become the property of Grantor. 1 , 1.60. It is further agreed that the hold Grantee, Its ^m .-essnrr'. or anhignh, rc.r: at .any time; lay an additional pipeline or linen, along side of .said fir' 14iV; line, no long as it is within the permanent easement , with the same rights and '_.,a.` ru47ect to the name road,t.ions, and the Grantee •;hall also, have the right to fEtS e-hanrter the ..:rze: of ion pipes, the •lamage• , ,f any, in making such ahan•s' FY46. he. pa 'I by the rear. Grantee. Itt '11e• tern, Condit r',nu, and provivrem:: ,1 thin Agreement shall extend : , s''$ 'itI .r X and be binding upon the, heirs, cxrr ,t r ,, admtnintralnrr, le,rronal reps rt - • .,r ve:S, :: ceere:orn and a• (r u ,r {u lit IL': bottles r: het,;t e.. ,he: e.rse•re.nt and r , 14• .. 1 here ,fl granted may t,.• leanest or am i'i ..•d in whsle; Y. I 1 or in part with the airs �:.0 of the either poll 'y, 'Flirt approval nor to be withheld enroanr,n.d,t y. A 5", IfAVE :p ':'o II .!.L r n•1 e.r.,.m,:n'. , r ,ght::, :.f.rr 'Mai per:, Ir..r,.:: e Grantee, :It, mn:rrernnorr'. .naI Ann,gnu, .o long an :..aid '.,ner^eat ,' 'rrIr•I . nr tt.,. r4 purpose::: granted herein. ';rantee will florin.), an-built dr-:rwtng alt'.: meal reri r„n. 3 3 i ex it. IF . " .... �",'.'• - ».4 ra+� L .far ....1. 1{Y•,..nir Y:•+ � me. 4 - iv' r• 8 1021 PEC 01956513 02/17/84 13: 41 $12. 00 3/004 F 0617 MAPY ANN FEUERS2•EIN CLERK & RECORDER WELD CO, Co u}, IN WITNESS 1JFHERECF, Grantor has executed this ipstrument this Y1r1 c day of ,G(i4y , 1084. a I MEMgy? M. 9 ATTEST:: �n MONFORT FEEL LOTS, INC.IA IA R`, Mr. / ' 11 ' 1`Q:nro. toz /!t�traA.. t, I..a II y; ±± ray: ?mo t , -• t'.�.. Secretary President :ii.. STATE OF COLORADO ) s ) LIS COUNTY OF WELD ) Before me, Charlene Fillinger .-, Not„ry ,: 1 7th :t Public in and for the said County and Slate, on this February , 1984, personally appeared Kenneth Monfort • and Myra W. Monfort, known to me to he the Prostdont and Secretary, Y. ::uric- t ' rvel y, of Monfort of Colorado, Inc. , a Deleware Corporation, on behalf of :aid corporation and acknowledged to me that they executed thr , seem,:r.t ,r r the considerations and purposed therein set forth. r Grvon ender my hand and seal of office thin 7th day „1 February t t 1.O14. / / / / 1 • ..y Vv?I 1.r) ^,y .nn.Jry i �:htrr C . •: r"3,t) v •� V o. T P.O. Box G 0 rr rt_ Greeley ley CO 80632-0350 Ad•tr 64 t2 . • My .. r,,,. irun„n ,:Xpirec: 11/26/83 _ T . s «,t t 1;"' .V.'. A 1021 REC 01956513 02/17/F4 13:41 512.00 4/004 Y re F 0638 MARY ANN FEUERSTF:TN CLN.RY F. RECORDER WELD CO, CO i I I --�-,Fail--- L_-- -6r 2 _ i '0u 0J° G = ` > 3 ! .....92,I,Sb.L2.ict 7 i g i Q- '-4 � / r-�'-I 05 I 9 I / is l Ic) jii IN1I "H Izf 1 CI - �� _- 1 E g is 7 0 > d � ! Z .r ..oz.:46/./d—I U W 1-- < o 11- o o Z p u1 o Q � 31 • L 0 co z — 0 ' O CC COu� c 3 F G - F-- 11 i aC 1 11 I. 26.BA*/d - \ n 3 y v i� Jr i M = s ti e '.9 Q .•e. .-.-. aa ` J 4 a in 1 z v CI__J a W W L. v1 3 f s n, L co tt. r Ml m N Z i :J •J ` Q .t. T T 4 �.,,� 1 - �• M V3 .33- " W 1 NI ti t r`a � ee � K Ms 4.1 • 1 tc Z7n,ar.A.1.4. ;1: ha _ t di 10746 >'r. . ... .:.Ie,cL M n nerd r,of. Alc!U66M7 0 1163 P.EC 02106c4'/ 07/10/87 16:36 50.00 1/004 F 0202 MARY ANN i EDERSTEIN CS Wit & RECORDER WELD CO, CO �"a,,." • J l r I ,: f I I l 1)11 O is a conveyance 11 t t• real I impel 1 diettired I ,c. Hier iris, rinr r,Irnl set (the properly') hue Ihr nd I r I(s) a i r u m '_I ndrtnrra I Isl or r h r r•r: I' esp ' L named I:lo CRANE t. m or II ) nteC hrIrmasCI soli. o the f the lL1 \ t der r . to r ', l{ lr '..1 1h. CoAN1pRrhereby aeh conveys thepropertyothe( R\N(he and of thisdem'; ter. n' �q1I it 0 Ihr. TM ay 2) ly t tl for I I)the fire of the a videneerl property s for year n 3 [ I t I h If f P s s xx "l I'Y- anti pay lD rs r 1 nts and in n -way nt svo by of recorded instruments Protective ti moornlparent n ) F,41I t', eons show, 0s 11)any and 61 n adnmraninterestsl rs shown litlod(5)any p,olr %% nl m • 2) lions 4 nn'It r I err-fwd.nl,and 161 any additional matters brlusT under"Additional\':I r:'n:y t y !, � 11;1.../ i ' TI e spe cific terms of Ih"steed are: e ;.rj I}� r„r '1 ''j1 t l GRANTOR /.-' y/.' �� e`m •c a m..a n,ba.,rl ..r1,.I t y � ) yyL ;", - I O 8,, I1onfor[ of Co Lorado, Inc., a Dela.+au Corporation Ga xl C1- 'T-..-V-..'. I78k' 1 rrewe cl.rdln,. nanrlrg a.^I.nr ox),am ,rmtn, ,,rm., n I GRANTEE:G0.A`ITCE Ir,.prop.nl ,n,•a nr, 1 x, n N11 1f'' T' Weld County, Colorado, a Body Corporate and Politic of the -th r A j#� It, State of Colorado rn rr r �\ ` r ,t IM I,hwn.me ngra .rd the ,,II be ,der.dtoW.. n--co n is j Pos6M OF CO OR'NERSHIPv rh.,,o,d. n molt rn,n r n nrd%of ter. =.e mro nom a added name w.r " 1 ° y ;'' r' PROPLRTT' DESCRIPTION: Inn o-.00,.and.uo-l —r' Cr 4 1 The Northeast Quarter (NE;), Section 31, Township 6 North, Range p 'a 65 West of the 6th P.M., Weld County, Colorado. INCLUDING any and - �` all :improvements located thereon and all minerals located there- m V. . qq • 31 under, with the exception of oil and gas. I r o si ' r rscmo::s +:aor;fl:rust n '+t 4�r AT i n r Fo.V J THIS IN- p•+ I".:T W\ moon r l0 yr macros:Air . \ l 1 1 1'- :f Y nr .rj r,-i W c I OOLIC nUUCTION C fI /.; 1, 11 T CA,V10,9 H oft PHOTO 0 Ile �.(+' 1ON51UCRATlON.m .,, .,,r, , hair,. m ,ee rn.a .n..,, r ,nl, In.rl ,nn„ I. na1„t,r „ . - 1 n , e N1 ) Good and valuable consideration. 1 . n , nt " 'lf , RESERVATIONS-RESTRICTIONS:IONS RESTRICTIONS It t cRANIoR rywat r•n, ^'t`nl S..shn the �matr. : o 1, ytl II the f,NAhtOP ,re,le rlr8 heii ' All oil and gas deposits lying th ' under. I I p, .f.m or s.man..,nntn., .r . � i. 4 ADDITIONALAVAPP.ANTY EXCEPTIONS:nnrldr ^.'rare,brnc t.wm I it rw. it +f �Iro 1 s ' I See the attached Exhibit "A." t4 41 ''. I i) bl a 51. to I�'n9 .I h10NFUppg,,,FFF OF' COLOR?DO INC. yr sr kl i nI �r i�L .99_6�_ BY: thTllu fii nKlg red on:�.,._ -- Cra I )ei OP�#1t' 'tr' A O d jr ? i �' 5�'T] .A�]"Q y . j( YOF WF�UO its. (`��! O .. C r" PSI'' ..FP.q (1fe7bregdiog instrument was acknowledged befor me this /0Th day of O .O 19(7 N f= by KENOCi It Y1'IOn VOR iS5- idslr,N-ek r 11uret . Qt.C 0 -r. f t' .dl ENI.SS my hand and official seal. ��L!X�C__ .'�—. i' rY' near• r ell My Commission expires: Q'r 2( 19(19. --� Notary P 1.6c :., I �, >rl STATE or )ss. • !:, ...Ia tt '. A COUNTY OF I day of . 1') ail 55;, The foregoing instrument was acknowledged b"lore me this •S 'I by __ ___ WITNESS my hand and of Irian seal. I•" M commission expires: s y My — Notary Pubic t r0S'. Oil. 'P-`�, •Irr UPDATE LEGAL FORMS ✓�, Pin •, f , y`�l IL P cex tots.entrtrY COLORADO 306)2 Fj �° sp YS ! p LrhR ,•'. ..d. ;63 S'C 02106697 07/10/57 16:36 50.00 2/004 2i 3 ."•n}S .1N10 FEDERSTETN CLERK & RECORDER WELD CO. ;:o C . -:. EXHIBIT "A' � .... F--, `_"' 1 . Rights or claims ofparties in r. g possession not shown by the _ public records. , r'. 0 2. Easements, or claims of easements, not shown by the public records. t c 3. Discrepancies, conflicts in boundary lines, shortage in area, r ` encroachments, and any facts which a correct survey and inspection " of the premises would disclose and which are now shown by the o, o public records. -i m 'z.) z 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not 7 C7 t shown by the public records. i 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any�, other special taxing district. ,• 6 . Right of way for Butler-Howard Ditches and Drainage System in Section 31 as disclosed by Map and Statement filed May 5, 1898, .,s r;,, v. Filing No. 67246, and by Agreement recorded May 7, 1898, in 3ook :sc. 'W21(t. 157 at Page 311. - o e tool 4 ' 7. Carpenter Seepage Ditch, and any and all rights of way .. therefore, as evidenced by Map and Statement filed September 17 ,.i, ^ \ 1901 , as Filing Nc. 80213. a:, P. Easement and right of way for lines of telephone ands telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument records-d August 6, 1918, in Book 512 at Page 312 , affecting the following described c perty: A 10 foot strip of land adjoini;,a the state t highway on the Fast through the NE, of Section 31 , Township 6 North, Range 65 West of the 6th P.M. 9 . Easement and right of way for electric transmissic.:, distribution and service lines, as granted to Home Light and Power r Ccapany by Daisy Adams and Lee Adams, in the instrument recordcf.f i October 19, 1959, in Book 1542 at Page 561, affecting the F following described property:. The NEkNW; of Section 31 , Township 6 North, Range 65 West of the Sixth Principal Meridian, the approximate center line of which right of way is more particularly described as follows: 'qV .W . t ,,, • *f• I. I _ w • • ' _ . .•. , i 11 , I - 1, ,�?c. I E 1163 REC 02106697 07/10/87 16:36 a 0.00 3/004 F 0204 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Pccinning at a point thirty (30) feet and one o1- •. (1) foot West of the Northeast corner of said u' rn, Northeast Quarter of the Northwest Quarter m -: (NE? , NWT) ; thence in a Southerly direction, one (1) .Coot West of and parallel to the East - boundary of said Northeast Quarter of the Northwest Quarter (NEI , Nisi) a distance of fifty (50) feet. ( • 10 . Easement and right of way for a water transmission or n1 :- - I' distribution line or system, as granted to the North Weld County Water District, a Statutory District, by W. M. Stockover and x Lucille P. Stockover, in the instrument recorded January 28 , '. 964 , y in Rook 505 as Reception No. 1427562 , affecting the following •- ;; ' .; described property: v• (i w y , A twenty (20) foot easement, the centerline of which is more particularly described as .0 follows: r Commencing at a point of be;;inning, said point being on the Westerly Right--of-way lane of the :: County Road, a distance of 40 feet South and 'O distance of 30 feet West of the Northeast (NE) c Gw„ corner of Section 31 , Township 6 North, Range _. ' X 65 West of the Sixth Principal Meridian; __ ' thence Westerly along a line parallel to the - - Northerly Section line of said Section 31 , a distance of 1 ,500 feet, more or less. ≤• 11 . Oil and gas lease between Monfort Feed Lots, a Division of Monfort of Colorado, Inc. , a Delaware Corporation and The Colton ' . Company, dated April 18 , 1979 , recorded June 1 , 1979, in Book 870 as Reception Nc. 1792317 , and any interests therein or rights thereunder. NOTE: Extension of the al:o. .2 'ease as claimed by g2 Affidavit of Production, pu- .:uant to CRS 38-42•-10' by N & C Colton Co-trcny, recorded November 2 , 19 , in Book 1134 as Reception No. 2075692, at 7• Sunshine Valley Petroleum Corporation, recerdoc January 20 , 1987, ..r. Bock 1143 as Reception No. � .• 2085386 and January 27, 1987, in Book 11.44 a_ �.•, Reception No. 2086072. • 12 Easement and right-of-way for a pipeline or pipelines, or other appurtenances as grante5 to Natural Gas Associate , Colorado Partnership by Monfort Food Lots, Inc. , (Also known as ' - 'c::fort of Colorado, Inc.) , a Delaware Corporation, in the ;- in::trurent iecorded February 17; 1981 , in Book 1021 as Reception I i 1 i 4 seta a' f, i .t1 '' '4.,t4,.3.37" - s r ( I 'x� I s t ' P4npy.{µ1A4. LY v- YRgatais { ..„;444, { R�'1! CYJ' C3 � t §n' c h{ to{ IY ...'P'-,A t Vf ' >.� w v i;tt M .neA 4y N. Ail:Y� 'h,it' ' 't,tL x 'P I ' - H R 1163 'AEC 0210669? 07/7.0/87 16:36 50. 00 4/004 - .'' 020T. D'i.RP AND: FEUFRSTF.IN CLERK .& RECORDER WELD CO, CO No. 195€513, the location of which is shown in the map attached to _ _ '; said instrument. (Affects NE4) 13in' . Easement and right-of-way for a pipeline or pipelines, or "' ', other appurtenances, as granted to Natural Gas Associates, Inc. , a H. Delaware Corporation by Monfort of Colorado, Inc. , a Delaware ��. : Corporation, in the instrument recorded February 5 , 1986, in Book .. 1102 as Reception No. 2041855 , the location of which is shown in the map attached to said instrument.JO I (Affects W;NE1/4) c '- b � H C) U-:- I — II:: I ';I#di iliit> I Io J fir, _ 4r. 7: i I. i i , I. it cf J E F}1. it ' H- D iti I i 8 1 4 mom . Ill£ ♦{ ( B 1163 REC 02106690 07/10/97 16:37 S0,00 1/00'1 t -l AN2YU6696 F 0206 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO C'; ° P 'F` • o�U' • ___ _ _ _ _ _, 'M1 4\t_ 11p i_- I ,7 AMPLLO7'IP. r (l ///(•((/ a I r 1�1(((r((il17 /�/ I 1 I 1 'while rT tulip, I I '•:I•r y4 ':I Ili', r III a ' sTrr ,I the l r tr•(•••I ' t'', t. opt prime 111 1 It I 1 v I I 11 I ur I ), III nl GRAN II } A-r u' 1Ity n.l, II I T r GI nNI(t In the I Ihlr IId!Woo: as Cl Alall f. ; ll I:1 l l Th' LAN OPh It f t r v I pent tothe Gil U.(II, dthe GR GRANTOR I l the tole••, � • (.. T a•it r nm Prr'r,r�rr1 I 1 c twilit'tl r r.' I rr how.I the I or this 1 r. c 11 ( I! I(! 1l. i Il ell Pty(2)Any e s and I l wa l Iy r ed be let-ogled i s rumrnts 111 arty , l I s I a Aar: t ]�''i uvand exceptions l lla vrl lsl tnr'm r.aln 1 I+ I Iror oral any protective ro 1 andr .q''11.91d 10'n Jn w fl of n COld and DO any additional'mitt rs dizgin fa nw toothy'"Additional Warranty Cxr p i it ? r r <.' E i)il fly. P CAT I rms of this ducal d are. 7 r' r'`4-. 1;{., rt#rf{'1` y.ai "11 C,aANIOr rt. . , nl •J.1• I.,.. I . 1 ro r,.,,.• + r n .w.•n •, I,. 1 •.� .r�. 2 0 ! y r. ,.'In yLy��' ry$� •li•,lil• n •• r. �1 J I • I.+I• I 'X .—. ft N ' '^ -. r). r" J k Mon Fort of Colorado, Inc., r De Lawa re Corporation `TY A' ! +�� el T n iLr' , , L•. , i� {a Weld County, Colorado, a Iv Corporato and Politic oC the�•.•II 4I „ -.r ,.I „i, ILL , ni, • r f� cRAN ICE: diw.o,r• nl .n l.,w •t mo ��5 r & . it'll 6 ..+.�51 I r 4: r 1d,:t. T' f State of Colorado z J :�Z J y`y T� +� �( FOR,41OF CO-OAVNCr.S111P: •. 1 L. „nL•r,�nc' rl to or •�• " ?ro �a J n .1 r I , A ..k `! ' PROPERTY DESCRIPTION: nntl,m „ �I, ,ea n•• .r,, l n > ivi al 3 hC n i ' See the attached Exhibit "A." O ft Fe, 4,21;:z ', f . . trC t .S 1 J /I na r ,L 1 � (r '411 Al T 1 C' n t`1 n I; IN- :0,0...1:1:frJ t rb S Tf� a \\. ,O t. TO r.F >.:cLNr u ' tS FCC., Ti''' r r L n: vH C 6r [uuu<nnry C t � 4 rl r; r . JIr v n ..+oa Pn OTO ' f +py ,aE ra. rTc oF' o ° ;aF:, Ill:Ilk.' •j 1 )1}IF• LONSIULIb111ON In .. L•,rlyd. rn v.+r. I. •, ,.,• , ; I.a• , Ina mi•I,. nI At?0, ,I fL -" Good and valuable consideration.p v6 in rc In r 1,I. , ii t r I' t`{y'jr %�+ a[SCR\ \IIONS R[STItlCI1ONS aid,'tit _'il II 4 •'I 1 'lip yq� {.: rang qe r grp ' . All oil and la, deposits ly?n{ the', ruder and twenty-three (2-0 yar�' 4 acre feet of water suppled by the Northern Colorado jy+, ' r'. I Water Conservancy District ••....I • • 5 '" p{�,: >; ADDITIONAL WARRANTY L10EPTrONS' d era . 4.41,4.1?,r r `s` t b" 'r ` See rho attached Exhibit "a." . . .... .. W r it Iv ,^� ( nr nli M0NF0RT OF COL RADA INC. X?''' - + ( w .tY: e''//r�,J-7q�_ Ic• y f 7� ; ''i rCed onu/,�(G __ "1 SL• V Grantor nr I ;,^.€ 4. +IIp-O �.�lC • P - t '`ST\TOF COLORADO ) ss —. G a l COUNTY OF WELD ) t987 t'�.:144,. 17 P.-.00:111 The Io,egoing instrument was acknowledged 1,fur• I his /STA day of b t t.iv rCENNE7H rh 0N.�iR7,dS 7f•t5ldank of rylnr(Prk of L'oSre.S:T C/ t•L O V ° A 1 -CS rLL ��LL/GiG L lyfp Al IN!.SS my hand and O^f�iciIal sal r�I !/,Ctq_ ' I y„ l j`ki,� My commission mutes: lam. ''-r,l�9 Nclary rubL< �wda ' ., I � ,d' ¢r , STATE OF )ss. L' + i; COUNTY OF ) T7 > ai a • ',II; a� ;11 the lomrou g instrument was ax 'neo'Icd rrd before Inc day of this ll '} x{ { WITNESS my band and official seal. ___.__ .,999 MY commission — — commission expires: __ • No law Pubis:I 5::.i:....3 —.. _..._ - ._ - - — r. rte. _ 4� 1rlurp rI Lo LRnn 1 �) I + a o rar I I nl ttr coLunnl o .11t . _ ,. _� T '+3� .�.. "w;.1. ... ..may:itk :...• ,i�.w"�r3... ,•,, 1�eN'Rll'?�ssf� ! . EEC 02106698 07!10;37 16: 37 50.00 02D7 MARY ANN F£GERS E_IN CLERK & RECORDER WELD CO,0CO EXHIBIT "A" r. y The Northwest of Section 31 , Township 6 North, Range 65 West of et the 6th P.M. , EXCEPTING THEREFROM a tract of lend as conveyed by Deed recorded July 25 , 1903 , in Bock 207 at Page 398 , being more particularly described as follows: The South 120 acres of the Northwest i of Section 31 , Towaship 6 V , North, Rance 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 2C feet wide over and across the Northwest ; of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , beinc more particularly described as follows: COMMENCING at a point on North line of South 120 acres of N4 ; of said Section 31 , a distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line common to Sections 30 and 31, Township 6 North, Range 65 West of the 6th P.. . Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorder March 22 , 1927 , in Book 806 at Page 541 , being more particularly described as follows: Al' that: part of the North _ of the North of the Northwest of Section 31 , Township 6 North, Rance 65 West o.f the 6th P.M. lying West of the right cf way for a private read, over and across the strip of land 20 feet wide described above , as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . Also . EXCEPTING THEREFROM all that rart of the Northwest . of said - Section 31 lying North of the North line ` the South 120 acres of Naid Northwest } , South of the South 1' . . of the North i of the orth - of said Northwest $ and !lest cf t,,. right of way for privatee road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28 , 1903 , in Deck 207 at Page 395. <o EXCEPT_NG THEREFROM any portion of the Northwest 3 cf said . Secnion fl which mei lie South of the North 44 .32 acres thereof and _ r- the So-`.I: 120 acres thereof. But : :CI_U ING any and all improvements Located thereon and minerals located thereunder with the exception of oil and. gas . r t;r .m:h7•k+eR PvIr r:Wt41a' 't&1w n. v►a? 9:��e�c a --:yF. 63 REC 02_06698 07i10i87 16'37 C`CS MARY ANN FEUERSTEIN CLERK ;, RECORDER WELD CO, 0CO EXHIBIT "B" w o - c, o, a 1 . Rights or claims of parties in possession not shown by the public records. y 2 . Easements, or claims of easements, not shown by the public records. z 3 . Discrepancies, conflicts in boundary lines, shortage in area , encroachments, and any facts which a correct survey and inspection c 0 of the premises would disclose and which are not shown by the public records. y c: 4 . Any lien, or right to a lien, for services, labor, or z _ material heretofore or hereafter furnished, imposed by law and not s;town by the public records. =' 5 . Taxes due and payable; and any tax, special assessmerts , charge or lh'n imposed for water or sewer service, or for any other special taxing district. 6 . Rights of way for count,/ roads 30 feet wide on each side of section and township lines, as established by order of the Board c of County Commissioners of Weld County, recorded October 14, 1889 , in Book 86 at Page 273 . (Affects NWi only) Ei 7 . Reservation of right of proprietor of anv penetrating vein or ., lode to extract his ore, in U.B. Patent recorded May 25 , 1892 , in c Book 51 at Page 171 . (Affects NWI) r.. p S . Right of way for Butler-Howard Ditches and Drainage System in Section 31 , as disclosed by Map and Stat tent filed May 5 , 1898 , as Filing No. 67246 , and by Agreement recr : led May 7 , 1898 , in Book 157 at Page 311 . 9 . Carpenter Seepage Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed September 17 , 1901 , as Filing No. 80213 . 10 . Easement and right cf way for lines of telephone and telegraph, as granted to You::tain States Telephone and Te7.eg: apc Company by instrument recorded August 6, 1918, in Book 512 at Pace 312 , affecting the following described property: A 10-foot strip of land adjoining the state highway on the East through the NEI of Section 31 , Township 6 North, Range 65 West of the 6th P.E. t-cl M8 _._ ,..:.:Ar�54.d .r�+a-M ,iaanu ;i:sz6ll�'9tlYL' i{ At - r�.-. ag' st tx n16: n B 1163 SEC 02106698 07%10/87 16:37 y0. 00 4/05 F C209 MARS Anti FEUI:RSTEIN CLERI\ & RECORDER WELD CO, CO 11 . Easement and right of way for electric transmission,, ? , distribution and service lines, as granted to Home Light and Power < Company by Daisy Adams ant Lee Adams, in the instrument recorded October 19 , 1959 , in Book 1542 at Page 561, affecting the r' following described property: The NE/NW} of Section 31, Township 6 North, Rance 65 West of the Sixth Principal Meridian, z � the approximate center line of which right of way is mere particularly described as follows: Beginning at e. point thirty (30) feet and one (1) foot West of the Northeast corner of said Northeast quarter of the Northwest Quarter (NE} , NW}) ; thence in a Southerly direction, one (1) fcot West of and parallel to the East boundary of said Northeast quarter of the Northwest quarter. (NE1 , NW;; a distance of ! ;- fifty (50) feet. 12. Easem :t and right of way for a water transmission or distribution line or system, as granted to the North Weld County Co Water District, a Statutory District, by W. M. Stockover and x Lucille P . Stockover, in the instrument recorded January 28 , 1964 , in Book 505 as Reception No. 1427562, affecting the following described property: - '1 A twenty (20) foot easement, the centerline of u ,, which is more particularly described as n 4 follows: Commencing at a point of beginning, said point being on the Westerly Right-of-Way line of the -,' -1 County Road, a distance of 40 f• et South and a distance of 30 feet West of the Ar_theast (NE) corner of Section 31 , Township 6 . •,rth, Range > 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the $: Northerly section line of said Section 31 , a distance of 1 ,500 feet, mere or less. 11 . Oil and gas lease between Monfort Feed Lots , a Division cP Colorado, Ire . , a Delaware Corporation and The Colton Compan_, dated April 18 , 1979, recorded June 1 , 1979 , in Bock 17 , as Recectio;: re. 1792317 , and any interests therein or riohts thereunder _ NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS, 38-42-106 , by H & C Colton Company, recorded November 3, 1986, in Book 1134 as Reception 2075592 , and by Sunshine Valley Petroleum Corporation , r coruec; January 20 , 1987, in Book 1143 as Reception No. r--- ----7777":77,=4;;WallaillifilitiMigirailleiliWellaallilfwainuir,77rern- lit. _` '. i63 REC 02106698 07/ 10/87 16: 37 “0. 00 5/005 0210 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2085386 and January 27 , 1987 , in Ecok 1144 as Reception tic. 2056072 . r" c . . 7 C7 -• • C F I4 r . ---7---,, ---..+. rat ',i r rar,Mi q iiiiFo +aiuP'4 FtimmepriFIrift . II,.` B :'.218 PEC 021 :4082 : 2/05/88 14 :30 $0.00 1/016 .AR2?a_,40&2 F 0010 MARY ANN :FEUERSTEIN CLERK & RECORDER WELL` CO, CO l ,:4r 'ii APPROVAL DOCUMENT FOR WELD COUNTY BUSINESS PARX i` PLANNED UNIT DEVELOPMENT li This approval document is prepared pursuant to Section 18. 30.210 of the Greeley Zoning Code of 1976 and represents approval by the City of Greeley, Colorado, of a Planned Unit ' Development (P.U.D. ) presented Lo the City Council by Weld County on June 7, 1988. .P WHEREAS, in accordance with the Greeley Zoning Code of 1976, Weld County has presented a P.U.D. plan fcr certain real property ilk situated within the City of Greeley, County of Weld, State of ~ Colorado, and morn fully described in Attachment A. • WHEREAS, after evaluating the P.U.D. plan, the City Council ' has found that such plan will serve the public interest and that it; will provide the safeguards to the public and to the persons owning and occupying the land area of the P.U.D. which would be approximately equivalent to the safeguards provided by other 1„ regulations in the Greeley Zoning Code of 19.76; . d t' WHEREAS, by virtue of Ordinance No. 21 , 1983, the City 11 Council of the City of Greeley, Colorado, has zoned the Eq aforementioned property P.U.D. Subsequently, the City Council reviewed and approved ';he final P.U.D. plan and directed the it�I preparation of this approval document. �;1� ' NOW, THEREFORE, approval is given to a P.U.D. plan which ,I includes the following: i )41 r , ' i N$ Sly , ,P.v+11R'T'fNM*IK9RAWtT ,f #�Ae' Cv� ' , � J�fal�l'/$ �f. R.: � •J'A'Y Y 1.: � Vp rtYyb _ . ._ .... s ... •2 .luu+.8r,n• -. ,I r"i .Fr.v fl 11218 REC 02154022 12/05/38 14 :30 $0.00 2/016 L- F 0011 MARY ANN FEUERSTEIN CLERX L RECORDER WELD CO, CC i LAND USE The amount of each land use permitted is: Human Resources Motor Pool & Office Building Service Facility Building Footprint 15.000 Sq. Ft. 21 , 360 Sq. Ft Parking & Drives 50,000 Sq. Ft. 137,600 Sq. Ft Open Space 74,500 Sq. Ft. (53%) 41 , 000 Sq. Ft. (20. 57.) Total 139,500 Sq. Ft. 199, 9-6-0 Sq. Ft. 4i• CONFORMANCE WITH SITE PLAN Building, parking, drives and landscaping shall all be located '0 so as to substantially comply with the approved site plans as Attachr.euts B and C . LANDSCAPING AND OPEN SPACE 1 . Landscaping for the Human Resource Building and Motor Pool 1+, shall comply with approved plans as Attachments D thru G, 2. In addition to the 74,000 square feet of open space within the Human Resource Building area the County shall landscape the area between the Human Resource Building and the hM qF collector road to the east. 3. Minimum tree size shall be 2" caliper for occid..eus trees and ,r> 6 ' tall for coniferous trees. 4. All beds to be mulched with Aspen Mulch 2" dee? to start with. Another 1" of mulch added after a years time. hi 1. SIGNAGE 1 . Two 3'4" high by 10' wide signs will mark the entrance to the Weld County Human Resource Building. These ground signs ) U L;f • r I , ; ° 'g ", - d I1 :at.':" .fin '"".—.'".7-77'''eFs''''',� r l'fr g�rl�.!{r.t ni 3.v .t�.MK�.'a'1�'d�.+l+ �� P 9\W'il,Pl a.Y^�Z'r�UwaIn a:A It 3/016 1.218 RSC 021.54082 12/05/88 14 .30 $0.00 c f0i2 VAT21' ANN 7ECERSTEIN CLERK & RECORDER WELD CO, CO ore be be constructed of the same color brick used on the build.n�. Four inch ;octal letters will be used to spell cut "Weld County Human Resources - Visitor Parking". 2. A similar ground sign will be used at the entrance to the service facility. Instead of brick , colored and vertically qi ribbed concrete block will be used. ,,: .p f 3. On the front of both the Weld County Human Resource Building and the Motor Pool Service Center there will be ten inch 1 metal letters used to inform the public of the buildings use. , BUILDING ELEVATIONS, LIGHTING AND MATERIALS Building elevations, exterior lighting, exterior materials and I colors shall comply with elevation drawings attached as Maps H 1 and I . PARKING 1 , Human Resource Building: 150 parking spaces shall be providad. 2. Moto- Pool and Service Facility: A total of 21 paved employee and visitor parking spaces with an additional 31 I gravel spaces shall be provided. 3. Al:. parking stalls and isles meet city specifications. IFS ACCESS AND CIRCULICION .: 1 . Access to both the Human Resources Building and the Motor i ' Pool shall be via the internal collector roadway. 'f. ilARCHITECTURE 1 . The one story, flat roofed Human Resource Building shall be 114 ii ii Ill';±1 p ii ! ' 1. I ` 1 sr . ,:w7'.-- W.17:. cor er rti.!�; a ynnx gnac!,737 !::.:: 'wan+cn:. .. w - ._ ... ,,^,S^-.. -�� WpYii+�A3S811i6E�'i3`L ,..._, 011rc:. 1218 RFC 02164082 12/05/89 14 :30 $0.00 4/016 F 0013 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO clad in earthtone brick with brick 5cldi.er courses, windows ; I and v—shaped orientation adding interest and detail. I2. The exterior covering of the 34 ' high Motor Pool and Service Facility shall be of vertically ribbed, neutral colored are! h textured concrete. yl PHASING i i Both the Human Resource Building and the Motor Pool facility are anticipated to be completed by the end of 1988. t.';j ESTABLISHMENT CF DESIGN STANDARDS FOR TRACTS A AND D d] The rest of the development within Tract A shall be substantially J similar in regard to building architecture and landscaping to i.he Jr approved plans for the Human Resource Building. The rest of the development within Tract D shall be substantially A't" similar in regard to building architecture and landscaping to .: e I:: j, approved plans for the Motor Pool Facility. 1 0. ENGINEERING REQUIRED A number of engineering reports must be provided and approved b;/ 1$ city staff prior to the issuance of a building per it including , vat 4 tut not limited to: --Drainage report F t --Construction drawings for all public improvements 21 ---Utility plan ---Traffic signal signing and striping plan il l��A l;G..p a Ti - 4 -di r) _ r f. 21A1 ' � "'40atoj Wes + ianFv�,:;oM:3y,gS•t[:2:'nr. S 1218 REC 02154082 12/05/88 14 : ?0 $0.00 5/016 F 0014 MARY ANN FEUERSTEIN CLERK & RECORDER. WELD CO, CO it i:a under•sood by all parties that the P.U.D. plan approved by virtue of this document is an integral part of the zoning of the above described tract of land and that pursuant L to Section 18. 30. 260 of the Zoning Code of 1976, all successors, heirs or assigns are obligated to conp!y with the requirements E: and limitations of this approval document as though such successors, heirs or assigns had been landowners at the time tais approval document was issued. Any disputes, disagreements, or matters not covered by this approval document shall be resolved by referring to the Greeley Zoning Code of 1976 as applicable at the time such disagreement or mattar should arise. t It is also understood that any failure to comply with i' the requirements and limitations of the approval document ;:, will subject the landowner, its successors, heirs, or assigns to penalties as provided by virtue of Section 18. 30. 230 and 18.30.240 and 18.44 of the Zoning Code of 1976 and Section 1-8 of Lit the Code of Ordinances of Greeley; Colorado, as well as all civil �j j remedies available to the City of Greeley to pre nt or remedy Iany Zoning Code violations. t: i � ' I I1 I. 1� � 5 y *^T APL 17mis l ,mmm.. - lllkvMa l�� rgpilflR?.i� iSt i ➢.F ptip • 4 L .yq ,({5y� saw ''''"t1' y-1q s i rm f n If *SIR 1A Y a" c�,r. 1�.. . 1i+�YF� ',�.�.07,,141 s .a-i, h° a,4,ti+t� 1 , ,1. 1* -Ltg A, 4?-,.h zd ._.L.1 J.✓QL_.�x n... . 1 ».. B 1218 REC 02164082 12/05/88 14:30 $0.00 6/O:L6 F 0015 MARY ANN FEUERSTE.IN CLERK r RECORDER WEI,D CO, CO ATTEST: THE CITY OF GREELEY, COLORADO I 1 City Clerk Mayor IIli Cill ,ztizite ft gnat City Manager Property Owner J i 11 +;l ATTEST: -�7�' +!'4. !lii , 0,_ I a BY:� j 4, g—.—.I .a ' 5-1 '� C1 s 1 • I 1 iA IL YI' 111111FFFFFFI • w 6 • ATTACHMENT A B 1218 F:EC 02154082 12/05/88 14:30 $0.00 7/016 - F 0016 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CG r' Thence North 90 Degrees, 00' 00" East, a distance of 1E0 P' feet ; i,,..., Thence along a curve to the right having a radius of 30.00 feet ; a central angle of 90 Degrees, 00' 00" and an arc ha•. i distance of 17. 12 feet; the long chord of which bears South t.: I 45 Degrees, 00' 00" East a distance of 42.43 feet to a point of tangency; l. n, Thence North 90 Degrees , 00' 00" East, a distance of 50.00 feet ; ; ," Thence North 00 Degrees, 00' 00" East, a distance of 305.00 i feet to the Southeast corner of said Northeast Quarter (N:'1/4) of Section 31 ; Thence North 00 Degrees, 00' 00" East along the East line of said Northeast Quarter (NEI/4) a distance of 2593. 39 feet, jj" more or less , to the point of beginning. i Containing 129.78 acres, more or less, and subject to all rights-of-way, easements and encumbrances of record. Oft Y.1 ' 111 41 t! H- Iii 1, i. 1!. ;,. t, _ . __. _ - . '-ply .7 Nl 1t 1 1 1 I 'k tt vaax,+4as 4:iEAwVeiIAT.'}0?i.Y.a'ra ■!�1'1rfN ATTACHMENT A B 1218 REC 02164082 12/05/88 14:30 $0.00 8/016 F 0017 NARY ANN FEUEEFTEIN CLERK & RECORDER WELD CO, CO 1 The Northeast Quarter (NE1/'I) and part of the Northwes'; f Quarter (4k1/4) of Section 31 , Township 6 North , Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado ; more particularly described as follows: 1, :: Beginning at. the Northeast Corner of Section 31 , and consid- ering the North line of said Section to bear North 89 ')egrees, 3'I ' , 39" West, with all hearings contained herein being relative thereto. Thence along said North line of Section 31 , North 89 tri-. Degrees , 31 ' , 39" West, a distance of 2x30. 86 feet to the North Quarter (N1/4) Corner of said Section 31 ; Thence continuing along said North line of Section 31 , North 89 Degrees, 34 ' 39" West, a distance of 2256.29 feet; Thence South 00 degrees, 54 ' 31" East, a distance of 655.56 It feet;Thence South 39 Degrees, 35' 52" East, a distance of 2247.08 feet; Thence South 87 Degrees , 06' 21" East, a distance of 474.72 ...r Ifeet • „ ' Thence alorr„ a curve to the left having a radius of 540.00 !j`^�^ feet; a cen';ral angle of 03 Degrees, 01 ' 08" and an arc �+"¢ distancr or 2,9.. 45 feet; the long chord of which bears South jI i 88 Degrees , 54 ' 47" East a distance of 28.45 feet to a point ,,.: oC tangency; 'iic: Thence North 89 Degrees, 34 ' 39" East, a distance of 270.06 �� feet; Thence South 00 Degrees, 25' 21" East, a distance of 100.00 0. ; 1,, feet ; 's Thence North 89 Degrees, 34 ' 39" East, a distance cf ;10.00 feet; : ' VThence along a curve to the right having a radius of 230.00 ', feet; a central angle of 57 Degrees, 25' 21" and an arc Cistance of 230. 51 feet ; the long chord of which bear.; South V? 61 Degrees 42' 41" East a distance of '?20.98 feet to a point :; 41 of tangency ; Thence South 33 Degrees, 00' 00" East, a Distance of 585.00 feet ; ,•' Thence North 90 Degrees, 00' 00" East, a distance o£ 71''.51 1I „ feet to a point on a curve; i ,S Thence along the curve to the right having a radius of •} 72'1.75 feet. , a central angle of 22 Degrees , 05' 24" aid an arc distance of 2.79.42 feet, the long chord of which bears t •3ou't1i 09 Dr: grees; 57 ' 17" West, a distance of 277. 69 reeftc $' a point of tangency; `, Thence South 21 Degrees, 00' 00" West, a distance of 250. 00 feet ; Thence along a curve to the left having a radius of 460.00 1, feet a central angle of 111 Degrees , 00' 00x' and an arc distance or 891 . 17 feet; the long chord of which bears South ;'- 34 Degrees, 30' 00" East a distance of 758.20 feet to a point of tangency; r= 2 r I' J« o-.al; 24405' hiPii rYL DKr:.".S:iiP ,.'9=?' '" r G ..ucr, ,s G � 1 �fi`.'�' r.,a. '" Iw�cek? G @�Rc�±.!u°,�s°e` „f.. ,4,. .::.4u>AW:(Ia6...itr:i_.]Y..1sa.d...titY :itCm_aF:cuF RtlJYE�eE1A� 4'll�.@4L'[3, War 1:111 REC 021640022 12/05/95 14:30 $0.00 9/016 ljr: F 6013 MARY ANN F .21,14°C2 CLERK & RECORDER WELD CO, CO a.o4"Jl L @u f.: iY. Iy STAiL OF COLORADO) q ) CSa p COUNTY OF WELD ) !ten I HEREON' CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD IN NY OFFICE hs AND IS DULY RECORDED IN FILE u_425; EVUELJPE 4_277i TO ENUELOPE tl _775, 1 MARY ;ANN PEUERSTE [N l�!1 CLERK'. AND REi.ORJEi+. 1141 €.t �1 �7 IN B Y:_=1.�'. ' .1G1 n.5'L1i�gi.{..�..>.1.:..� P.. G DEPUTY {�,;�, 1 I , P It TYPE: PLN UNT O=UL III )d', + ` TITLE: WELD CO DUSINESS PARK II: URS_LEY CITY S[ DESCRIPTIJN: Ru5 Ti, 531 NE4 DATE: 12/J5/19DU 9 OF lb , lI ;It' 1 II IR . tt'l I, II I {1 LP I I ,,(4. 7, '•: i"csw.rh }ya ' 0 �.. { 1 4'Fi'otwirtAizRas.wws+»risTitt YE ..._:,r.. . .,.:'.r G.; 33,'2,1, s s_. '.*S fnxca rw a" 9f r>v. ^7 . 18 bEC. 02164082 :2105/SS :.4 :30 $0.00 10/016 :',2!,-1..., u2 CC :9 ?$R4 ANN FFUERSTFIN CLERIC & RECORDER WELD CO, CO fr kJTATL. ,".F CCLURADU) 1' ) SS •�- � COUNTY OF :, tLU ) f; 1O ac. 2 11=r'-. ids, CERTIFY THAT THIS INSTRUMENT MAS FILED FOR RECORD IN v1Y OFFICE i': ANU IS DULY RECORDED IN FILE k 4951 ENVELOPE U 2774 TO ENVELOPE ,,,2226. Ir` ^y.. 4 F�3T74p�i MARY::ANN FEU!c'STE17: CLERK, AND RECORDER ; HY -≥ `. l\kAisii[.a91: L.T � '• 4 - r ' DEPUTY II��ff°°, ;.�.' .,f�. P.' TYPE: PLN UNT DEUI_ ' -a' -' 44 J7 VITL'. : wELU CO BUSINESS PARK GRi :LEY C;:TY I; -� Uc.$C,' IPTIUTI: RO9 T6 531 Nt4 li UATt: 12/;15/1`;au 10 OF 16 1 It 4. Iiiil )1 p4f I''. u, •x. r. tip• kV. }C 1 j I . i , 134. .,7r1 a �0 !faa. a["XW" 1�lggy. u T r, � i pi Sllo.k...,.a.».L1,rur vL..f.Su4s i.l...wu. {.L.ip44.,,..,.;rsu,.i..r a.,:bsi,:.+l....wM1Y.,m+:w,,;w, .. i+Y aw,ta,1SrwtVtrYwiV01'4, .;+^ ', I : i I.r 3 121E REC 02164082 12/05/88 14:30 80.00 11/015 C.,11 1,., , .l.,'.. ? 002C MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ti 141 r, d i4 Al I' ll. ;); ; Li 4 STHTE OF COLORADO) i i : 'f, ) SS. I: ;i ',II :.LIIATY OF wELU ) II Ai I A HIra jil HEREBY CERTIFY THAT THIS INSTRUME)tT wAS FILED FOR RECORD Ih wY 0�FICE H I Y:j} ;I� RNLI IS JULY RECUPUED IN FILE I(_g 9,Y1 ENVELOPE ✓7_2.214 YU ENVELOPE F,_y'z7j, '.4! 11 ill ill MARY .ANN FEUERSTEIN & ,.,,I CLERK: AND RECORDER f, pig DEPUTY `le: �il ,Yl !40P YY • i-A 1 a} 1 �I TYPE: PLN UNT DEUL ', . A1 1 !I TITLE: WELD CO BUSINESS PARK 1114 I GREELEY CITY Jill • 1 DESCRIPTION: R65 TO 531 NE4 3 h '1 i DATE: 12/35/1981 I.I. OF i5 1 1{ I I 4 ; i1 I li QA.: 11 A.41 di IP iii [i 1 ea- 1 J{1Il 1 'Lf 1 .. .-..:a nr.i Ws,:wr•o,arw.s•ry.,terf. .'rni:,fITfe .11 3 i.�1 . .2.i{+'. M M.i Y 18 "07.0 021€4082 1:: /0511,S 14 :3'," ;0.00 12/016 I' IU PR: AN`. 7ELMISTF,IN CLERK C" CCRD`:R WELD CO, "O i,. Ili” 51 }r;. 5TAT_ OF COLORACU) 0 1 SS. 4, '.I :GuNTY OF wtLU I hs fl 7I I HEREOY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD IN MY OFFICE )I :1 AND IS DULY RECORDED IN FILE 4_12.11 ENVELOPE x_2224 TO ENVELOPE 4_2'2ii, i7 d 4.; 14, k MARY-.ANT FEUE.RSTEIN :�); CLERK ,AND RECORDER j BY _. frw's6�A/ e �LZ q �y DEPUTY 4)4i TYPE: PL.': UNT DEVL TITL`-:: WELD CO BUSINESS PARK GREELEY CITY DESCRIPTION: R6S T6 S31 NE4 DATE: 1''./45/1983 12 OF 16 } i i 1 7 x 1 i 402 ,t;.I 1 I r I I 1i f . "r -.asrr --r—mT illiv."1 ;iM1R1 7117 17- to i,: v li E 41 f'LENEMP'^9i7 'R��. i - B '.L 1S REC )216'082 12/05/88 14:30 $0.00 13/016 02164.^.E2 T` F 0022. MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO I ' 3TF:T5 OF CULORAI:J ) ) SS. C OUt.TY OF :J iiLU I { 1 It [ HEi._iJY CE-:TIFFV ' T,�HAI Th1S INSTRUMENT 4nS Pl.-au FOR RECORD IN IIY GFF [CE AND IS DULY .4ECJRUED IN FILE a 491 ENVELOPE st_327A TO ENVELOPE a_22 2g. II 49 MARY ANN FEULRSTLIN 4 CLERK AND RECORDER All li ❑v:_:-.:5 -S __, �frS -- I °� ' y r.Y DEPUTY i j - {i .rs f ' 'tiff TYPE: PLN Ut17 IIEVI q , ,f{, ' i lr TITLE:: WELD CO BUSINESS PARK i. GREELEY CITY { DESCRIPTION: R65 It; 531 NE4 DATE: 12/05/1980 13 CF 16 rl 1} 7 iii; cq 1 -11;111- g 1 1 I � r y . ...,. - -.r�xsarnx�nl.waawawnwn�wrN!Tr� MOW RIMIRM,MP' ,b '.•,111 .fti]d'1tir,ss44i+l fiiatSfiaoatm✓'R':r:924w13,.u.,'J.wl 02164(.82B 1218 REC 02164082 12/05/88 14:30 ' $0.00 14/01€ F 0023 MAFY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATi: OF COLORADO) ) 55. CCU,VTY OF W LLJ ) u I H`_REJY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD IN CI'! OFFICE " ' n_ S51 ENVELOPE u_.22Z3 TO ENVELOPE n_311a• " ; AND IS DULY REC ORL1eJ Iti FILc $__.- IN:r ZE �1 "it. MARY ANN FEUERSTEIN } ( CLERK AND REC ORDER'�=fi {iK'It F DEPUTY I. Ia IITYPE: PLN WIT :JUL: P iM N' %�) - TITL WELD CO BUSINESS PARK II' GREELEY CITY ii DESCRIPTION: Rho To GJI NE4 1{ 14 OF 16 DATE: lz/Gs/taea Li i: . IA F 1;t. i :r II 10, CI ill II , .. } I I , • MIMINIFINIANI ot- tgy i l ` 1 Kai` 4'p� G.- • a�A ..4 igitiL22ti4:52. 13 12_8 RFC 02164082 12/05/38 14:30 i0.00 15/016 1' 002.4 Mr,RY ANN FEUF.RSTEIN CLERK & RECORDER WELD CO, CO 1) 1 {4•y Er,': It" STATIC OF COLIRAUO) f COUNTY OF .IELJ ) f.=; I HERESY CERTIFY THAT Th1I5: IN.I1TRUi9Ei1T WAS 1=ILE0 FOR RECORD IN RV OFF :CC It FP,9 t{_�95� ENVELOPE 4_222A TO ENV ELU4�E a_22.ZB• FAND IS DULY RECORDED IN FILE III MARY ANN FEUI.RSTLI II MARY CLERK AND.HE :CRDER Ili :Z. BY:.. Z.6�II . ... ).s`.: .1i.__ 'i DEPUTY TYPE: PLN IJNT OEUL f t II . ILL= : Wr'LU CO BUSINESS PARK GRELLEY CITY 1 I DESCRIPTION: R6S 76 531 NE4 15 CF 16 DATE: 12/v5/:YBB 1 lI f1 f tly,pp 1 I h , 14 ilA. if r . I I -.I L� , C!� I 1 is , ur ! 3 r: !! ,�! I y I J 1 . „.. +n+ _... :r;rl:A a N.x:ilr1m"t-TAWiPP�(E�•;NI 'T fidK+Tf4n. T: +' �LY�. :.::3 w11'1.y.-,' yt�Z,y ;' • e 1218 RCC 02161082 12/05;88 11 :30 $0.00 16/016 v (025 4NRY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO J j ,TO'':: ❑•= CJLORAU']I I 33 . COUNTY OF ULLU I 21 i F.: i ::; J�'' :I c!RcGY C ::T IFY THAT THIS IN5T lU:1EAT. WAS FILED FOR REC❑RG IN flY OFF A IC x42;;1 tNUi_LGPc _3114 TO EhUELJPi _I:1e. AtaU IS DULY nECOR UEJ IN F1L:: - • 1 A •!r.} MARY ANN FECE:RSTEIN d.E CLERK AND RtCCRDER hJ,+y, EPUT'� 1 I . t 3r.▪ .; TYP: : P.N UNT JlcVL ` !e]f TIT Lam: dL-LA CO OUSLNE SS PARK GRE:°LCY CAT? DE`_i. HIPTION: Rat; 16 S3! NE4 P� `i+ lb GF 1a ., DATC: 12/05/1980 A 4 r ! t•F. E`` 49 FE`,, k i 4i q ill 1, II:il A ti 1 Li I 5 I.:L :M7 14 11 I 1 t + I • NE ..M1 f a >• r "..K N r • E ,.RNw,�t�' :: .j,4-14,,i," i 'r, Tip TT # ' -41., .,ITO, 4 °; tl, frc tr.l +‘LL i I ! �!tj f,13kJf � ci 4",u..75E .. J. - �I ^S4:',,9 } , I j I F,LF5iiUiN:: LNFORNATION ONLY I `,{ t,,,,t9-4 bAlt,'tI.F 192 -- 'list 4 r '�i RIGIIT-OF-WAY EASEIIEN'f '� s{ i , CORPORATE . 4..4,„...„,,4.,., ,,4 ,. ' The Undersigned Grantor (and each and all of them if more than one) for and ne consider- s 'Ns sse, orbs of One dollars ($ 1.00) and other goof and valuable consideration in .4 hand paid by the Grantee,the receipt whereof is hereby acknowledged, hereby grants, ' Ar . , bargains and conveys unto the Mountain States Telephone and Telegraph Company, a Colorado Sj a ,6+r; corporation, 931 14th Street, Denver, Colorado, 80202, Grantee, its successors, assigns I 14:{ lessees, licensees and agents a Right-of-Way Easement and the right to construct, operate, . I,, wA1] maintain and remove such communication and other facilities, from time to time, as said +'r' i Grantee may require upon, over, under and across the following described land which the r i • tip ¶ Ty Grantor owns or in which the Grantor has any interest, to wit; d ,,IN 04 ..�r i k r0y Commencing it the Northeast corner of Section 31, Township 6 North, gange 65 West of the ''s� '_ . v 6th Principal Meridian, thence N 89 3$' 39" W 400 feet, thence S 00 80' 00" W 60 feet ≥ki kR .:-.. *:',,,V,.;,' to the poin,tl of beginning, thence N 89 34 39" W 12 feet, thence S 00 00' 00" W10 feet, Q r I; thence S 89 34' 39" E 12 feet, thence N 000 00' 00" E 10 feet to the point of beginning, 1 • Y"N`'s ,-,,,k1 aiWeld , State of Colorado, TOGETHER with the right of ingress and (t y i 3 situate in County of T1( '1 1,,,v,,,:: :..,10 I I ,� egress over and across the lands of the Grantor to and from the above described property, i 1 +.'N � the right to clear and keep cleared all treee and other obstructions as may be necessary, , 451 and the right to permit other utility companies to use the right-of-way Jointly with Grantee ,ii Ina 7 for their utility purposes. -111yyyggq7 .l i . i ,� R 7 "4 The Grantee shall restore grantors property damaged during Sts construction and maintenance r rri it ro x operations to as near original condition as possible. ' y, P f4" ' 4 use:14 , and cultivate said property for all purposes rl Li The r reserves the right to occupy, rti +' II r,1 not inconsistent with the rights herein granted. Y4M ' :air .'il Signed and delivered this 26th day of October , A.D., 19 88 1 r,2'. I E t A •' ATTESTED: (Landowner) ffi County, Colorado (Grantor) - { bF TV', � (Official name of Company or Corporation) S ' ' 1 rU.:Cs',1<;W lm/. (Seal) r:1, Y fr Yt i althietzeict A' It;? j CLerk and Recorded 7c' ey (Seal) c a,- a anon nThe. 1 o4egyol Bnlr7st[um nt was acknowledged before me Chs ').__ day of !Mn\-..-'e.r 7 v 19 i"?%{ by President, A ', I - and, K FA. Secretary of • h v _ TAPi , a Corporation. 'Fi W. R ; ax p y ti `IF WIT58 SS m�y h'f l and official seal. f ; 3N, P . Li [.T'c;loot 3. 199J f 5 My-Cgvmiil/i�od 6:r i£es: A;v Com'mis:c i F ,), A Notary Public _. ,k a,. tv,•: i."4 SPACE RESERVED FOR RECORDER'S CERTIRCAre S I 'sin-, r +fMARe 5: y Weld County Business f '''!"'""t t QUARTER'SECT'Ow NE Park t'# ' i 51' {Afl h 4 1. { a', !'�' • SECTION 31 "rvAi M'r'.. + ,yf f1 T0+MSNir 6N Jos CS-9UA6 P i tom: t 4 I NUMBER 260000 I`{G M411 TONOUNT.IN ST1iEl iE 1 RANGE W TELEPHONE IMO TELEGRAPH CO. a TM ,l�i,. i pXIMCn'AL 6th fRIDIAN I ;Y3T'il,'SI.S. EXCHANGE GreeleyI _d[T0ILLJNf "eeoEel COuslso B 1214 REC 02160392 10/31/88 16:22 $0.00 1/001 I1, 1 , [ ,1. . ,I. CA+LC o+COHOVIT F 1447 MARY ANN FEDERSTEIN CLERK Si RECORDER WELD CO, CO _ 14 / AR2247651 • CORPORATE EASEMENT The undersigned Grantor(s) for and in sons ideratio; .of(BTwo0 Thousand FiveFive Hundred Twenty-Nine Dollars and Thire tyeeCen, whereof . harand other good and valuable consideration, convey c unto fU S hereby acknowledged, do hereby grant andwhose address is 1e01 Communications, Inc. , a Colorado corporation, California Street, Denver, Colorado 60202, its surce:s;orr, nu;I V.ns, lessees, licensees and agents a perpetual easement and the right, to . construct, reconstruct, operate, maintain and remove :such telecommunications facilities from time to time, as said Grantee MAY require upon, over, under and across the following described land which the Grantor owns or in which the Grantor has any interest. wit: .48 See Exhibit "A" (3 sheets) for easement description attached hereto . o and incorporated herein by this reference. -o U a part of the East One-Half of Section 31, Township 6 North, Range 65 9 West of the 6th Principal Meridian. ow c 3 Situate in County of Weld, State of Colorado. Grantee shall have the o e4 right of ingress and egress over and across the lands of the Grantor ato and from the above-described property, the right to clear and keep o cleared all trees and other obstructions as may be necessary. w• Grantee shall be responsible for all damage caused to Grantor arising viz from Grantee's exercise of rights herein granted. The Grantor 'n ,� reserves the right to occupy, use and cultivate said easement for all ko purposes not inconsistent with the rights herein granted. The re x rights, conditions and provisions of this easement shall inure to the nia benefit of and be binding upon the heirs. executors, administrators. a u successors and assigns of the respective parties hereto. NZ " ' Signed and delivered this __15.th_ day of _- ...u13 A. U. . io 91 Vw . aH (Grantor)Cs w ATTESTED: L sea ___(OffCounticial _Dt_MLeld._Colorado mpa -- - , (Official Name of Company or Ccrpurnf.i�-�ni 1 . ,i w v 2 _ ,cf'i(y !' _ /3/�c 4-(Seal) vQ Deputy f]lnt to the Board -( �'•^' u Cha a STATE OF COLORADO ) - ao.. Co�rrty_nf ..._.___.._.._.)s-- No N b d... , •+•+ The foregoin ent was acknowledged before me this .�1 •e' m w , 19 President. ._—.--- -_ _._ . _ - ____ _ Secretary _ �,.- _.__ _._. - C- of !_ '__ a Corporation \_ My commission expires, -- __ __ _ ._ _.._ Witness my hand ar 4official seal. - ip Grantor: ' Weld County P. 0. Box 758 Greeley, CO 80632 - k/W d ______.—.._ '_' JOB 0 CS-9UB9 ExCH Greeley • EXHIBIT tA" EASEMENT OESGRIPTIOM Three parcels of land located u, the East Hall of Section II. Township 6 North, Range 65 West of the Sixth Principal Meridian. City of Greeley, Weld County, Colorado, being in Tract 8 and Tract C of Weld County Business Park P.U.D. Piling Plat, recorded in Book 121.'. at Frame 899. Reception number 2158271, at the Weld County Clerk 6 Recorder's Office, more particularly described an v O ]allows: ou • n CARSP.L-i 0 COMMENCING at the northeast corner of said Sert ion 'A, WHENCE the east quarter 'a corner of said Section 31 bears S 00°09'00" W. which in the basis of hearing 03 for parcels I and 2: d y THENCE S 45°14'10" W a distance of '18.58 feet to a point that is on the n m westerly line of an easement 20.00 feet in width in Trert It. hieing. the POINT OP pBEGINNING: THENCE S 00°00'00" N along said wen erly line a distance of 720.59 feet: wog THENCE along said westerly line and the northerly line of an easement 10.00 feet in width in Tract 0 an arc distan.:e to the riglt. of 15.11 feet , through a �>C • 1 angle of 90°00'00". having a std ins of 10.0C leer and a tangent length b°1 of 10.00 feet: e1 Chi THENCE N 00°00'00' E a distance of '40.59 feet to are southerly line of an N2 easement 10.00 feet in width in Tract II; THENCE along said southerly line and said westerly line an arc distance to the v Pt right. of 15.71 feet, through a central angle of 90°CO'00", having a radius of CIA 10.00 feet and a tangent length of 10.1)0 feet to the POINT OP BEGINNING. n LAR_G.F.!t a mu. a zz COMMENCING at said northeast miner. tit THENCE S 04°23'55" W a distance of 912.69 feet to a point that is on the 0 westerly line of an easement in Tract C. bring the POINT OP BEGINNING: THENCE S 00°00'00" W along said westerly line a distance nl 5.5.00 feel to the northerly line of a utility easement 20.00 feet in width in Tract C; m o THENCE N 90°00'00" W along said northerly line a distance of 10.00 lee. : THENCE N 00°00'OO" E. a distance of 605 .00 feet to the southerly lint' of an m easement 10.00 feet in width in Tract C; THENCE along said southerly line and said westerly line an or•: dint:,.,ce to the right of 15.71 feet, through a central angle of 90°00'00", having a radius of 10.00 feet and a tangent length of 10.00 feet to the POINT OP BEGINNING. PARSRb.� COMMENCING at the east quarter corner of said Sect ton 11, WHENCE the northeast corner of said Section II bears N 00°00'00" C; THENCE S 2.°15'17' W a distance of 170.17 feet to a point that in on the westerly line of an easement 20.00 leet in width. BEING THE POINT OP BEGINNING: THENCE along said westerly line end the northerly line of an easement 10.00 feet in width an err di stance ro the right of 15.71 loot, through a central angle of 90°00'00", having a radius of 10.00 feet and a tangent length of 10.00 feet : THENCE N 00°00'00" E a distance of 1233.71 feel to the southerly lino of a utility easement 20.00 feet in width; THENCE S 90°043`90" E along said southerly line a distance of 111.00 feet to maid westerly line; THENCE S 00°00'00" W along said westerly line a distance of 122.1.11 lent to the POINT OP BEGINNING; Parcel 1 contains 0.17 acres, more Cr less. Parcel 2 contains 0.14 acres. more or leas, and Parcel 3 contains 0.28 acres, more or less, for a total of 0.59 acres, more or less. Modification of this description in any way t.erminaten the liability of the Land Surveyor and places the burden of the entire dear ri pt ion upon the party making such codification. 41fMQg S CERTIFICATE 1, the undersigned, a Registered Professional Land Surveyor in the State of Colorado. do hereby certify that this tasement description wan prepared by me or under my suporvieion and is true ant sccurat he bent of my knowledge.joe� �1It AC's.bra t/ • s. Kenneth Perry. P.L.S. 25961 Datepit HwL I Por and on behalf of Ilenkels A McCoy. Inc. e SKLD WW 10.199.51.81 WE 2247851-1991.002 am. -,meci I of 3 ; m; � 02247851 04222/91 2�_ , 1/004 POINT OF @tA«MCC r r _w '2 STREET � 00.11 104f 10/.04 -11 J 0 / 2 ® , ° ® ^ �Io — o - $° ',V4 .' : ' a w ® X§ 2 = \ \2 c, t _U1 00 c r ) &� -3c � } o % 4 m % . / � " \ . , § M / r § x5 ° —| w j . � ,� gI § , 1. ;• f ! Ni - 4 \ • .7C' i - Ii | a kf | Xt 1s -.. .i.iili n 2 & m | - B ` w ■ ` ' ! a 2 i - / ( 7 5, 00-1 s 0 q 0 | ■ ; � i a� s I®hI / II W ss !rill -A t II • s 6 t |f I ' ,! ,-�, SKLDWW 10.199.51.81 WE =ze>saze ■ = MS; m Imp N . 8 1296 REC 02247851 04/22/91 16:15 40.00 4/004 F 1604 MARY ANN FEUERSTEIti CLERK 6 RECORDER WELD CO, CO (&I z Zs s'° N Li 4 4 / 3 o> 0 s • 01 o N s 8 , <N 0 n E 14 I r S '� r ~ I T I; 0 J - N C t rot m v n y tn .. $ i d > ^ • -oa CA :� •I f't nil n r 1 s a `n -_ N C Z ahj q 1x 4 G t N 0 Y L PI i_ a P oi` ' P d Z T := 9 23 Z 3 rn m `.—., Q ti o N m K. -4 CA -I n i N o 3� — ,.1, a 41P T it W g. Iglto je 70. JP Z kw AL lei S1 7 Si -t] --±li w hill; W .1 O &fig @ I1t —4.4'-9 1" 111 Uhl ` N. STREET li WI3 P Pt z z ts ill in $ 4 , c lift m SKLD WW 10.199.51.81 WE 2247851-1991.004 2. I7. 1s: le I i!Q 4R`'3962bu AGREEMENT FOR SALE AND PURCHASE OP REAL ESTATE,�`/ THIS AGREEMENT is made this o.dL day of qk t , 1941 , by and between the County of Weld, a body corporate and politic in the State of Colorado, by and through the Board of County Commissioners of Weld county, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Seller," and John H. Sykes, whose address is 545 Sanctuary Drive, Unit B-404, Long Boat Key, Florida 34228, hereinafter referred to as "Purchaser." WITNESSETH: That in consideration of the payment by the Purchaser to the Seller of the sum of $3 and in consideration of the mutual promises and covenants contained herein, Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from the Seller the real property which is described in the attached Exhibits "A", "B", and "C", hereinafter referred to respectively as "Parcel 1," "Parcel 2," and "Parcel 3." The agreement of sale and purchase of said Parcels are subject to the following conditions: 1. Seller shall furnish to Purchaser a Special Warranty Deed for said Parcels. Title insurance shall be paid for by Purchaser. 2. Purchaser agrees to pay to Seller the sum of $1.00 for Parcel 1 and $1.00 for Parcel 2. .3. Seller and Purchaser agree that the current market value for Parcel 3 is $121,837.00. Consideration for the sale of said Parcel by Seller to Purchaser shall be $1, unless the sale or other transfer of all or part of Parcel 3 by _ Purchaser occurs prior tt. June 29, 2004, in which instance the Purchaser shall pay to the Seller that balance of the current market value for Parcel 3 from the date hereof, ($121,837.00) declining on an equal basis over ten (10) years according to the schedule shown in the attached Exhibit "D." Purchaser agrees to execute a Note and Deed of Trust which shall secure the current market value of Parcel 3 ($121,837.00) and the declining balances thereof over ten years. 4. Title for said Parcels shall be merchantable in Seller. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient Special Warranty Deed for said Parcels to Purchaser on a date certain set by mutual agreement between Seller and Purchaser, conveying Parcel 1, Parcel 2 and Parcel 3 free and clear of all taxes and free and clear of all liens for special improvements 8 1449 REC 02396260 07/06/94 15:53 $0.00 1/007 94O632 F 1650 MARY ANN FBUBRSTEIN CLERK & RECORDER WELD CO, CO SKLD WW 10.199.51.81 WE 2396260-1994.001 installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances, except those stated and set forth in paragraph 3, above; and subject to all applicable building and zoning regulations. 5. Purchaser shall be responsible for the payment of all property taxes for the year 1994, and each year thereafter, beginning on the date of delivery of deed. 5. The date of closing shall be the date of delivery of deed as provided in paragraph 4, above. The hour and place of closing shall be designated by mutual agreement between Seller and Purchaser. 7. Time is of the essence hereof. 5. Possession of said Parcels shall be delivered. to Purchaser upon closing and shall not be subject to any leases or tenancies. 9. Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or wll result in,breach of any of the terms, c nditionsi or ptovisions any breach constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument, or other verbal or written agreement to which the Seller is a party of or which the property is subject to, except as provided for herein. 10. All of the conditions, promises, and covenants stated herein shall be in full force and effect, notwithstanding the conveyance of said Parcels by Special Warranty Deed as outlined in paragraph 4, above, or the execution of the Note and Deed of Trust as outlined in paragraph 3, above, and shall not merge with said Special Warranty Deed, Note, and Deed of Trust. 1::. Purchaser agrees to pay for the cost of any and all taps or hook-ups for utilities extending from the street to the Parcels. Such utilities include, but are not necessarily limited to, the following: water, sewer, electricity, gas, and telephone. 12. This Agreement and the attached Promissory Note with Provision for Forgiveness contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. 13. Seller agrees to grade Parcel 1, Parcel 2 and Parcel 3 between the date hereof and the date of closing; in B 1449 EEC 02396260 07/06/94 15:53 $0.00 2/007 F 1651 MARY ANN FSURRSTEIN CLERK & RECORDER WELD CO, CO SKLD WW 10.199.51.81 WE 2396260-1994.002 - -' accordance with the grading plan dated June 20, 1994 prepared for same by KILN Engineering Group. Time and effort of Seller towards grading shall not exceed the dedication of two high speed scrappers and two operators for two eight hour days each. IN WITH S9 WHEREOF, the parties here o have subscribed their names this O0'7 day of 9,t h1. , 19 SELLER: ATTEST: jL4/44f.L4 COUNTY OF WELD, A BODY ti• CORPORATE AND POLITIC OF THE CLERK TO. 1}� ,r••+, STATE OF COLORADO, BY AND 1.2-4.'.n•:{y :3�f�C., THROUGH THE BOARD OF COUNTY L COMMISSIONERS OF WELD COUNTY, ErtlJ�'/J(� COLORADO putt' CI- .. BY: alfri H. Webster,/Qat1Zi,,rnq W. PURCHASER: l O H. SYKS -- SUBSC .-)4/4BED AND SWORN to bef S.7_1(o me this day of , , 19 9/. ,j ' my hand and official seal. NAB q '-I lidnmission expires: J/iig{o .lony.m B 1449 EEC 02396250 07/06/94 15:53 30.00 3/007 F 1652 MARY ANN FBUERSTEIN CLERK & RECORDER WELD CO, CO SKLD WW 10.199.51.81 WE 2396260-1994.003 ( ( OFFICE BUILDING PARCEL 1 WELD COUNTY BUSINESS PARK LEGAL DESCRIPTION A part of Tract "B", Weld County Business Park P.U.D. , a • subdivision within the city of Greeley, county of Weld, state of Colorado; more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West, of the 6th Principal Meridian, and considering the North line of the Northeast Quarter 'NE1/4) to bear North 89° 341 39" West to the North Quarter Corner of maid Section 31, with all bearings contained herein being relative thereto; thence North 89° 34' 39" West along the mirth line of the Northeast Quarter (NE1/4) a distance of 525.00 feet; thence South 00° 25' 21" West, a distance of 50.00 feet to the South right-of-way line of "O" Street, the Northwest Corner of Parcel 1, and the True Point of Beginning; Thence South 89° 34' 39" East along the South right-of-way :line of "o" Street, a distance of 445.59 feet to a point on a curve to the right having a radius of 30.00 feet, a central, angle of 89° . 34' 40" , an arc distance of 46.90 feet, the long chord of which bears South 44° 47' 20" East, • a distance of 42.27 feet to a point on the West right-of-way line of 11th Avenue; thence South 00° 00' 00" East along the West right-of-way line of 11th Avenue a distance of 515.74 feet; thence leaving said West right-of-way line North 89° 34' 39" West, a distance of 592.57 feet to a non- tangent point on a curve concave to the Northwest having a :radius of 455.00 feet, a central angle of 41° 18' 00", an arc distance of 327.97 feet, the long chord of which bears North 21° 04' 21" Last, a distance of 320.92 feet; thence North 00° 25/ 21" East, a distance of 245.20 feet to the True Point of Beginning. Said parcel of land contains 6.219 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said parcel of land. . Legal Description prepared by: ichatioct,P c ' rung, Michael C. i(etterling, June 21, 1994 XLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 EXHIBIT "A" 8 1449 RIM 02396260 07/06/94 15:53 10.00 4/007 P 1653 NARY ANN PEURRSTEIN C ,8RK & RECORDER WELD CO, CO SKLD WW 10.199.51.81 WE 2396260-1994.004 ( ( OFFICE BUILDING PARCEL 2 WELD COUNTY BUSINESS PARK LEGAL DESCRIPTION • A part of Tract "B", Weld County Business Park P.U.D. , a • subdivision within the city of Greeley, county of Weld, state of Colorado; more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West. of the 6th Principal Meridian, and considering the North line of the Northeast Quarter (NE1/4) to bear North 89° 34' 29" West to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89° 34' 39" West along the North line of soe 001025s't21"arter west, (aE1/4) a distanceiofance 50.00ffeet•00 to thetSoutthI1Gg - right-of-way line of "0" Street, the Northeast Corner of Parcel 2, and the True Point of Beginning; Thence South 00° 25' 21" West a distance of 245.20 feet• to a point on a curve to the right having a radius of 455.00 Zest, a central angle of 41° 18' 00", an arc distance of 327 .97 feet, the long chord of which bears South 21° 04' 21" West, a distance of 320.92 feet; thence North 89° 34' 39" West, a distance of 84.52 feet to a non-tangent point on a curve concave to the Northwest having a radius of 395.00 feet, a central angle of 46° 39' 03", an arc distance of 321.61 feet, the long chord of which bears North 23' 44' 52" East, a distance of 312.80 feet; thence North 00° 25' 21" East, a distance of 245.20 feet to a point on the south right-of-way line of "0" street; thence along said South right-of-way line South 89° 34' 39" East a •distance of 60.00 feet to the True Point of Beginning. Said parcel of land contains 0.798 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said parcel of land. Legal Description prepared by: ag . Michael C. Ketter ing, June 21, 1994 KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 8 1449 REC 02396260 07/06/94 15:53 $0.00 5/007 F 1654 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, C0 EXHIBIT "B" SKLD WW 10.199.51.81 WE 2396260-1994.005 • OFFICE BUILDING PARCEL 3 WELD COUNTY BUSINESS PARK REVISED LEGAL DESCRIPTION A part of Tract "8", Weld County Business Park P.U.D. , a subdivision within the city of Greeley, county of Weld, state of Colorado; more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West. of the 6th Principal Meridian, and considering the North line of the Northeast Quarter (NE1/4) to bear North 89° 34' 29" West to the North Quarter Corner of said Section at, with all bearings contained herein being relative thereto; thence North 89° 34' 39" West along the North line of the Northeast Quarter (NE1/4) a distance of 585.00 feet; thence South 00°25' 21" West, a distance of 50.00 feet to the South right-of-way line of "0" Street, the Northeast Corner of Parcel 3, and the True Paint of Beginning; Thence South 00° 25' 21" West a distance of 245.20 feet to a point on a curve to the right having a radius of 395.00 feet, a central angle of 46° 39' 03", an arc distance of 321.61 feet, the long chord of which bears South 23° 44' 52" West a distance of 312.80 feet; thence South 47° 04' 24" West, a distance of 19.03 feet; thence North 89° 34' 39" West, a distance of 332.31 feet; thence North 00° 25' 21" East, a distance of 545.50 feet to a point on the South right-of-way line of "0" Street; thence along said South right-of-way line South 89° 34' 39" East a distance of 470.00 feet to the True Point of Beginning. Said parcel of land contains 5.594 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said parcel. of land. • Legal Description prepared by: • Michael C. Kett€r� E July 5, 1994 ELK Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 8 1449 REC 02396260 07/06/94 :15: 53 $0.00 6/007 F 1655 MARY ANN FRUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "C" . SKLD WW 10.199 .51.81 WE 2396260-1994.006 ._. EXHIBIT "D" Year Balance June 30, 1994 to June 29, 1995 $121,837.00 June 30, 1995 to June 29, 1996 109,653.30 June 30, 1996 to June 29, 1997 97,469.60 June 30, 1997 to June 29, 1998 85,285.90 June 30, 1996 to June 29, 1999 73,102.20 June 30, 1999 to June 29, 2000 60,910.50 June 30, 2000 to June 29, 2001 48,734.80 Jure 30, 2001 to June 29, 2002 36,551.10 June 30, 2002 to June 29, 2003 24,367.40 June 30, 2003 to June 29, 2004 12,1811.70 B 1449 EEC 02396260 07/06/94 15:53 $0.00 7/007 R 1656 MARY ANN PSUERSREIN CLERK & RECORDER WELD CO, CO SKLD WW 10.199.51.81 WE 2396260-1994_007 __ . . AR2432993 2432443 B-1485 P-702 04/03/95 02:59P PG I OF 5 REC PDC Weld County CO Clerk & Recorder 25.00 PLANNED UNIT DEVELOPMENT APPROVAL DOCUMENT FOR WELD COUNTY BUSINESS PARK/SYKES ENTERPRISES,INC. 1994 This Approval Document is prepared pursuant to Section 18.30.210 of the City of Greeley Zoning Code of 1976 and represents approval by the City of Greeley, Colorado, of a planned unit development(PUD) presented to the City Council by Weld County Government on June 28, 1994. WHEREAS, the City Council of the City of Greeley, Colorado, has zoned the aforementioned property PUD and subsequently reviewed and approved the fmal PUD plan and directed the preparation of this Approval Document; and WHEREAS, the boundary of the Sykes Enterprises PUD is more fully described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, in accordance with the Greeley Zoning Code of 1976, Weld County Government has presented a final PUP plan for certain real property situated within the City of Greeley, County of Weld, and State of Colorado; and WHEREAS, after evaluating die final PUD plan, City Council has found that the PUD plan will serve the public interest and that it will provide the safeguards to the public and to the persons owning and occupying the land area of the PUD which would be approximately equivalent to the safeguards provided by the regulations in the Greeley Zoning Code of 1976. NOW THEREFORE, final PUD approval is given to the Weld County Business Park/Sykes Enterprises PUD plan, which includes the following provisions: A. LAND USE The land use allowed for this final PUD shall be a computer hardware and software customer support facility. Operation is permitted 24 hours a day. B. SITE DESIGN Site design shall be in accordance with Exhibit B. A 41,978-square foot metal building with brick veneer will be allowed on the 6.219-acre lot. The building materials and design will be similar to and compatible with the existing buildings which house the Weld County administrative offices. A minimum of SKLD WW 10.199.51.81 WE 2432443-1995.001 2432443 B-1485 P-702 04/03/95 02:59P PG 2 OF 5 230 parking spaces, properly dimensioned, shall be installed on the lot. C. ACCESS AND CIRCULATION Access to the site is provided from O Street and 11th Avenue, both City arterials. A north/south connection from O Street to 17th Avenue is required as part of this project, although only the north section of the street is required as part of this phase as shown on Exhibit B. The connection will be a public street, built to local-standard industrial standards. Sidewalks may be installed on the east side on this connecting street only for this phase. The street has been dedicated "Sykes Avenue" as shown on Exhibit D. No curb, gutter, or sidewalk is required for O Street or 11th Avenue at this time, but those improvements are expected to be installed at a future date. A full access is allowed temporarily from O Street and from 11th Avenue. Access may be restricted to right-in/right-out on O Street and on 11th Avenue upon one of the following conditions occurring: (1) Development of Phase II. (2) Additional development adjacent to the north/south street connecting O Street to 17th Avenue (which will be required when Items 1 or 2 occur). (3) Development of the roadway connecting O Street to 17th Avenue (which will he required when Items 1 or 2 occur). (4) Final development of either 11th Avenue or O Street to arterial standards. (5) A change in safety or operational conditions on O Street or 11th Avenue as determined by the Public Works Department. D. BUILDING DESIGN AND LOCATION The 41,978-square foot steel building shall be an autumn brown brick veneer, trimmed in dark brown. NOTE: After City Council approval, the building was actually constructed using a red brick. This change is not considered to be a major change to the PUD as approved. E. LANDSCAPING AND OPEN SPACE A minimum of 25 feet along the public right-of-way is required to be landscaped to enhance the visual appeal of the PUD. A total of 49 percent of the site will be landscaped as shown on Exhibit C. That portion of the public right-of-way adjacent to the lot line, but not yet developed is required to be landscaped and maintained as a part of this project. A detailed landscaping plan, approved by the City Forester, is required prior to the issuance of a certificate of occupancy. 1 SKLD WW 10.199.51.81 WE 2432443-1995.002 2432443 B-1485 P-702 04/03/95 02:59P PG 3 OF 5 F. SIGNAGE One monument sign will be allowed which will be Stalled in conformance with the 1-1 (Light Industrial) standards as set forth in the Greeley sign code. Any other signage must also conform to the 1-1 section of the Greeley sign code. G. LIGHTING Wall lighting will be provided on the building with low-profile wall sconces with two 150-watt bulbs in each sconce. Six pole lights on the site will be identical to those provided around the Weld County administrative offices. The lights will be post-top-mounted with a 22-inch diameter cylindrical shape cutoff on a 20-foot round bronze anodized pole. H. PUBLIC IMPROVEMENTS Public improvements to be constructed with this project include the access at 11th Avenue, the access and median at O Street, and the north portion of the north/south connecting street between O Street and 17th Avenue as shown on Exhibit B. I. PHASING Phase I of this project is expected to develop during 1994. Phase II of the project will be developed at some later time and will include the southern portion of the connecting road between O Street and 17th Avenue. Phase II development requires approval of a final PUD by the Planning Commission. J. DRAINAGE A final drainage report will be provided in conformance with the overall drainage master plan for the Weld County Business Park. Required on-site storm water detention and release facilities as well as appropriate site grading, will be constructed. Drainage easements will be provided for the detention and release facilities. K. WAIVER OF RAW WATER REQUIREMENT Section 14.24.100(B) of the Greeley Municipal Code provides the City Council with the authority to enter into special agreements regarding raw water requirements. In consideration of this industry locating in Greeley, the raw water requirements and the raw water surcharge identified in Code Section SKLD WW 10.199.51.81 WE 2432443-1995.003 2432443 B-I485 P-702 04/03/95 02:59P PG 4 OF 5 14.24.100(8)are hereby waived for the proposed industrial development. The amount of raw water waived shall not exceed three acre feet. The base annual allotment for the initial water tap is also waived. Any enlargement of the water tap, or any additional water taps requested in the future, shall be subject to the requirements of Section 14.24.100(8) which are current at the time the enlarged or new taps are requested. If the facility is sold, then raw water will be due from the new owner. It is understood by all parties that the PUD plan approved by virtue of this document is an integral part of the zoning of the above-described tract of land and that pursuant to Section 18.30.260 of the Zoning Code of 1976, all successors, heirs, or assigns are obligated to comply with the requirements and limitations of this Approval Document as though such successors, heirs, or assigns have been land owners at the time this Approval Document was issued. Any disputes, disagreements, or matters not covered by this Approval Document shall be resolved by referring to the Greeley Zoning Code of 1976 as applicable at the time such disagreements or matters should arise. It is also understood that any failure to comply with the requirements and limitations of the Approval Document will subject the land owner, its succPccors, heirs or assigns to penalties as provided by virtue of Section 18.30.230, 18.30.240, and 18.44 of the Zoning Code of 1976 and Section 1.32 of the Greeley Municipal Code, as well as all civil remedies available to the City of Greeley to prevent any Zoning Code violations. ATTEST: CITY OP GREELEY, COLORADO r/^oebt- Mayor SKLD WW 10.199.51.81 WE 2432443-1995.004 OFFICE BUILDING EXHIBIT A PARCEL 1 WELD COUNTY BUSINESS PARR LEGAL DESCRIPTION A part of Tract "B", Weld County Business Park P.U.D., a subdivision omorethin the particularly described of yasc followsf Weld, state of Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West, of the 6th Principal Meridian, and considering the North line of the Northeast Quarter (NE1/4) to bear North 89° 34' 39" west to the North Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence North 89° 34' 39" West along the North line of the 21 West, a distance of 50.00 feet to the (N lsn 00 feet; South South 00025' right-of-way line of "0" Street, the Northwest Corner of Parcel 1, and the True Point of Beginning; Thence South 89° 34' 39" East along the South right-of-way line of "0" Street, a distance of 445.59 feet to a point on a curve to the right having a radius of 30.00 feet, a central angle of 89° 34' 40", an arc distance of 46.90 feet, the long chord of which bears South 44° 47' 20" East, a distance of 42.27 feet to a point on the West right-of-way line of 11th Avenue; thence South 00° 00' 00" East along the West right-of-way line of 11th Avenue a distance of 515.74 feet; thence leaving said West right-of-way line North 89° 34' 39" West, a distance of 592.57 feet to a non- tangent point on a curve concave to the Northwest having a radius of 455.00 feet, a central angle of 41° 18' 00", an arc distance of 327.97 feet, the long chord of which bears North 21° 04' 21" East, a distance of 320.92 feet; thence North 00. 25' 21" East, a distance of 245.20 feet to the True Point of Beginning. Said parcel of land contains 6.219 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said parcel of land. Legal Description prepared by: Michael C. Ketterling,�PE� June 21, 1994 XLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 2432443 8-1485 P-702 04/03/95 02:59P PG 5 OF 5 SKLD WW 10.199.51.81 WE 2432443-1995.005 2439509 8-1493 P-354 05/24/95 11:11A PO 1 OF 3 REC DCC Weld County CO Clerk A Recorder 15.00 AR2439509 DRAINAGE UTILITY EASEMENT DEDICATION OP AGREEMENT Corporation Sykes Realty, Inc. a PlopidaA of Know all men and women by these presents that the County of Weld, State of Colorado;of Greeley; a hereinafter referred "Grantor' drainage utility eys to easement;hereby ahereinafternts andvre the y ferredtoCas 'Easement'. Said Easement is described ass See attached Exhibit A for legal description of property and location of Easement. As an alternative to Exhibit A, reference a drainage report for the site which indicates the location of the property and easement which has been approved by the Grantee. The area within the Easement shall k'BCbe used and shall not for the purpose of providing stormwater detention capacity of ,3(.f be converted to other uses in the future. The Grantor shall maintain the drainage facilities in good working order. The Easement shall permit the right of ingress and agrees over and across the Grantor's property by the Grantee for inspection of the drainage facility. The Grantor shall have the right to make landscaping type improvements within the Easement provided that such use does not interfere with the function or capacity of the drainage facility. No permanent structures are to be built within the Easement which would interfere with the function or capacity of the drainage facility. In no event shall the Grantor make claim against the Grantee for damages to any improvements or fixtures hereafter installed by the Grantor within the area of the Easement. This grant shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. In witness whereof, the Grantor has hereunto set their hands and seals on this 27th day of April , 1995. Grantor: ATTEST: Sykes Realty, Inc. Ey Su • san W. Cameron o H. Sykes Secretary sident <<j 'a-- STATE OF FLORIDA • st")COUNTY OF HILLSBOROUGH 1, I I Personal/ appeared Sae me C4)U.L(U,{ `L• (,1 l riC'- a made oath (e)he was present end saw Sykes Really, Inc., a FWdde corporation'by and through John H. Sykes, its President, and Susan W. Cameron,its Secretary sign the within Lease Agreement Swan to and subscribed before me this .J day of April,1995. 7 I ` ! Upx CONWAV W.JENSEN GOMNIS:fo sGClgile y4,,,1JUJ- . . A! . (._-.(�'vb:•1''•� - ni EKPINES NAV it gee Mien/Public fal,�lorMa .., V IN ATLANTIC .h10, My Commission Expires: .�l&1V �Y �ItI9 - - -I 1 SKLD WW 10.199.51.81 WE 2439509-1995.001 2439509 8-1493 P-354 05/24/95 11:11A PG 2 OF 3 LEGAL DESCRIPTION SYEES DETENTION POND EASEMENT A parcel of land being a part of Tract B, Weld County Business Park p.u.D. , The City of Greeley, County of Weld, State of Colorado, located in the Northeast Quarter (NE1\4) of Section 31, Township 6 North, h rincipal Greeley,R ange 65 County ofst, of the Weld, StatetofPColorado,Mmorelan, The particularly of y described as follows: Commencing at the Northeast Corner of said Section 31, and considering the East Line of the Northeast Quarter (NE1\4) to bear South 00' 00' 00" West, to the East Quarter Corner of said Section 31, with all bearings contained herein being relative thereto; thence South 00' 00' 00" West along the East line of the Northeast Quarter (NE1\4), a distance of 595.15 feet; thence North 90' 00' 00" West, a distance of 50.00 feet to the West right-of-way line of 11th Avenue, also being the Southeast Corner of Parcel 1 of Sykes Enterprises Inc., and the True Point of Beginning; Thence along the South line of Parcel 1, North 89' 34' 39" West, a distance of 592.56 feet to a point on the East right-of-way line of Sykes Avenue; thence along said East right-of-way line, along a curve to the left having a radius of 455.00 feet, a central angle of 04' 48' 37", an arc distance of 38.20 feet, the long chord of which bears North 39' 19' 02" East, a distance of 38.19 feet; thence leaving the right-of-way line along a nontangent curve to the right having a radius of 30.00 feet, a central angle of 36' 28' 44", an arc distance of 19.10 feet, the long chord of which bears South 75' 15' 58" East, a distance of 18.78 feet; thence along a curve to the left ag radius of 92.00 feet, a central angle of 83' 46' 01", an arc distance of 134.50 feet, the long chord of which bears North 81' 05' 24" East, a distance of 122.84 feet; thence South 89' 34' 39" East, a distance of 428.84 feet, to a point on the West right-of-way line of 11th Avenue; thence South 00' 00' 00" East, along the West right-of-way line of 11th Avenue, a distance of 45.00 feet, to the True Point of Beginning. The above described parcel of land contains 0.515 acres, more or less. Legal Description Prepared By: Grant M. Waldo KIM Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 March 9, 1995 SKLD WW 10.199.51.81 WE 2439509-1995.002 2439509 B-1493 P-354 05/24/95 11:11A PG 3 OF 3 NORTHEAST CORNER 5.31. T.6N.. R.65W. "0" STREET b in 50' o m FAS MENT 7 • 1Z.1 I I I I a I I I 10.00' EXCLUSIVEI M W TELEPHONE EASEMENT in c Y m wr in 0 a SYKES PARCEL "1" I o $ ul I U Y 1 N Z W I / i I 1 QI / « 1 I I / / r NE I / / SE R n WENT a L. 2 S 89'34'39' E 428.84'/ I, O A=19.10' '..yL` 3_ �� SYKES DETENTION POND S 0000'00-4 E �. N 89'34'39 W 592.56' T.P.0.8. N 4616'39" W S 0000'00` E 10.17' 2 3 77.44�N 89'34'}9 W 327.8? �jg1IW q10. k N I bn WELD COUNTY BUSINESS PARK I °' 1 2 CURVE DELTA RADIUS ARC CHORD BEARING 1 r 01 04'48'37' 455.00' 303.20' 38.19' N 3919'02` E r 0 36'28'44` 30.00 19.10' 18.78' S 751558` E 0 83'46'01' 92.00' 134.50' 122.84' N 81'°5'24' E EAST QUARTER CORNER 5.31. 1.6N.. 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