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Home My WebLink About20103133.tiff sin a I p 0 can b 4c . A H T, 04 ,L... ly I;' I iii UP Pi il lgggg 4i #� i i 111 I01 IFJ 100 5 ! pi bpi g ' aggm IIiii'jgit s 4 �A o aid, lIP q� fti p �bW +r b I li lrWill 3 ; b ii Ib 1 II H. ii I ih . I I b 1bt ° ilhi ro It t II qp g I 1 a1 I o,a ii 0. lit n $ i is I " o II 5 Rd= � i rim pooh U� hi W' I Why qi �I iA b�` r gi i a€ 1 t 4 o ! W li i POO lin r $ i fib- ; 'g 45 w 1; z „ i4� w i . 1 I1IIPIIIII IHI t . W i� Ii ea aq . eri riY Q 5 Is 6 a1y iIbi # e� rIl � Y iii E9 hI b 4 ��1-6a � � �Y pp r�j i Ox li �p1F gl 11 l ! eA 0 � b�#�� in I €8i a � l$ W F IA;`4 Wii ! $ 53613 7 3i fi IiI; di jio HH8gh �'z'-� � � a rg � � b ��9[ �y q gi � l B � �■y �e� M O dab ; I Iti 70 1a 41 `A;r ; 3, !W �+� L4 � F ■ b fl oki 8 Tipp Y eq � Z � kb � � � b � hi i b Y rib I -ii °y s i 66 i 6'655 I n i I higg yyg 4 Wadi NJS!I YOO Ag , !!d idp§`e ! y!y! 3 [ ii ? . 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Description: Parcel ID#: 1477-23-0-00-007 Lot A Size: 5+/- acres Lot B Size: 74+/- acres Water Source: Proposed Wells Sewer System: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water for each Lot. Property owners 2010-3133 are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. The Southeast Weld Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 5. Prior to recording the plat: A. The applicant shall submit a proposed building envelope(s) for Lot B to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. AB./ The plat shall be titled: Recorded Exemption No. 1477-23-3 RE-5039 C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the access permit. IDThe applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 79, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). E. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. F. All approved accesses shall be clearly shown on the plat. County Road 6 is designated on the Weld County Road Classification Plan as local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. /,,1T The applicant shall address the requirements of the Henrylyn Irrigation District, as stated in the referral response dated June 25, 2010. Evidence of such from the Henrylyn Irrigation District shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall attempt to address the requirements (concerns) of Southeast Weld Conservation District, as stated in the referral response dated July 23, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. The applicant shall attempt to address the requirements (concerns) of Department of Natural Resources, Division of Water Resources, as stated in the referral response dated June 30, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall address the requirements of Weld County School District RE-3J as stated in the referral response dated June 25, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Xi All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. .�I Lot A shall comply with the two and one-half(2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the Lot has an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Southeast Weld Fire Protection District to the Weld County Building Department. 8) Potential purchasers should be aware that Lots A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 9) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 12) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 13) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 14) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 15) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 16) Prior to the release of building permits on the Lot, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long- established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us. 9. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date August 13, 2010 Kim- le I Planner Richard Huwa Turnpike Limited Liability Company 4202 County Road 65 Keenesburg, Colorado 80643 WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17'"AVENUE GREELEY,CO 80631 PHONE:970-353-6100, EXT.3540/FAX:970-304.6498 Date: ! I % 20 #.�M i / Receipt Na � 5i! r; Received From: - f - { Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE • , OCASH OCHECK NO. ! ❑CREDIT CARD TOTAL FEE / Receipted By: DL# Exp. Jan 07 2011 3: 09PM HWASERJET FAX • p. 1 FACSIMILE TRANSMISSION SHEET Weld County School District RE-3(J) 99 W, Broadway, P,O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: l''7 I I 1 TIME: a 59 No. of Pages: .7 Including cover page • TO; U'CL'111 N FAX #: 61'70-304- 6119? COMPANY: `i n DJ htuyilif gicL'nmunV FROM: ` jG1L`L19. TITLE: (.dminL 3MQ 4t COMMENTS: gailft- 'ci (- 5039 ❑ Urgent ❑ Please Acknowledge Receipt ❑ Please Call Me ❑ Please Forward To ❑ Please Notify * Confldentlality Notice This fax transmittal is intended only for the use of the individual or entity to which it is addressed and may contain information that Is privileged, confidential and exempt from disclosure under applicable law. If you are not the Intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains is strictly prohibited. Misdelivery of this transmittal does not constitute waiver of any applicable privilege. If you have received this transmittal in error, please notify us immediately by telephone and return the original transmittal to us at the above address by mail. Thank you. • Jah O7 2O11 3: O9PM HWASERJET FAX p. 2 Weld County School District Re-3(J)/9B West Broadwey/P.O.Box 269/Keenesburg,CO 90643 TAI:(303)5363000/Fax. (303)536.2010 WELD 3J January 7,2011 Weld County Department of Planning Services 918 l Oth Street Greeley, Colorado 80631 Case Number: RE-5039(Turnpike LLC) Dear Planning Services Representative; Weld County School District RE-3J has received a check for$1,232.00 for cash-in-lieu of land attributable to this recorded exemption. Opposition to this application is now removed. Thank you for your continued assistance in obtaining funds that will be used to purchase land for fixture school use. Please contact me at 303-536-2000 if you desire further information about this letter. Sincerely, Susie Townsend Superintendent of Schools Weld County School District RE-3J Jan O7 2O11 3: O9PM H�RSERJET FAX . p• 3 rik! '17, r .L. s.1 ry R w i_{7, u4, SM 4Ay' rj �5 R2 rf ys zttN + r it.iig.fr .r f"" 73idsr N°i +i �•,tl y t.N> yi -64,:,‘yi`\yy� y, ,r QShc10Qb n y i q�y I& ' r5 f ,.,1644w' r " �j ir' t u\ ,Rr .sirrri ry, p,J y <'^'.c4,041•4 a't7S' ° Sl. 'Q rye, p41r } r ' � "S y+° RU i G � ° f 't5 Y+L 14( P;11,. r ti �a'i` ir�t'ky<74. r ee 1m�� n�,, °, „ Yr i r ?..rt xr' ";,. (.3 r 1 4 ✓ f � }N rrr ieh 4u r bti .ivy <r£k et '�.r y f .• rv —^•�` r*n' r mS n1 - 11i lty r t44;:>4 44r yt a 4'S f e rM r r r d v r e `trwi 4 h n h 9 nr r t y r. resdr yF rr 1 tn`t 'r `#'i a'9'»rt rk ?- 'r'-t e 7.,.'riy rr b'r .r1Ot4 , b V +Y( Lf :C dj { x t��t3�� 7 � ' r�a�jYr4i�, 1 �u ? f�.^`�1f f �r;�r t•,�k t"4.i6 14,1 :C.C.;T 7- i 91.3 i 111 6 E.F.814 MI .`fit 5 « `� r,,,,,..,:,14,,!,,z,.,an ""c' .,,it ''. 4� ,i it r r.j"q.•P .• ' t A i l'ALP y l 1 r 1.56 e y ..n� ,:l ii. irit ta.M, ..t .,, .4.t„q 1 f 'V fir w r. 1... .ary y 3� CO O n V r • Kim Ogle From: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Thursday, January 06, 2011 2:37 PM To: Kim Ogle Cc: 'Isauter@rtebb.net' Subject: RE 5039/Turnpike LLC Kim, I have reviewed our records and was unable to find an access permit for this property located on State Highway (SH) 79. It is likely that the access predates our State Highway Access Code, so no permit exists. CDOT deems these types of accesses to be "grandfathered". Until the volume of the access increases, CDOT does not have the warrant necessary to require any changes. Based upon information provided by Liz Sauter(representative for the property owner) it would appear the volumes are not increasing. No changes to the access would appear to be warranted at this time. If increased traffic volumes to the site are planned, then CDOT would have the warrant necessary to re-evaluate the access. Re-evaluation may require relocation, reconstruction or possibly closure, and would require a new access permit. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 1 41 41 December 29, 2010 To Whom it May Concern, We will attempt to address the requirements of the Southeast Weld Conservation District with regard to recorded exemption 5039. Thn, Turnpike LLC by Richard Huwa December 29, 2010 To Whom it May Concern, We will comply with the Division of Water Resources by applying for well permits,when needed, for recorded exemption 5039. We understand that all well permit application will be evaluated by the Division of Water Resources.. Thank y u, Turnpike LLC by Richard Huwa December 29, 2010 To Whom it May Concern, We will comply with the concerns of the Henrylyn Irrigation District in regard to Recorded Exemption 5039. Th you, Turnpike LLC by Richard Huwa Jun 25 2010 11 : 05HM H LASERJET FAX p. 1 1 FACSIMILE TRANSMISSION SHEET Weld County School District RE-3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: 4,1 u'n u an ,X010 TIME: II : 5(0 No. of Pages: a Including cover page TO: `41mt QC9.p. FAX #: 1`'r10 304—fou9$ COMPANY: 'WS JA 0 u.t m-) ct P am iii x Ircl FROM: 9401, .D TITLE: COMMENTS: (Qpp,C ami 6 E- 5039 Urgent Please Acknowledge Receipt ❑ Please Call Me ❑ Please Forward To Please Notify Confidentiality Notice' This fax transmittal Is intended only for the use of the individual or entity to which it is addressed and may contain Information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the Intended recipient of this transmittal or an agent responsible for delivering this transmittal to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the Information it contains is strictly prohibited. Misdellvery of this transmittal does not constitute waiver of any applicable privilege. If you have received this transmittal in error, please notify us Immediately by telephone and return the original transmittal to us at the above address by mall, Thank you. Jun 25 2010 11 : 05AM H ASERJET FAX p. 2 11 ree;11: I") at Weld County School District Re-3J at 303-536.2005 Please contact Kerrie, , to set up an appointment to pay Recorded Exemption Fees. June 25, 2010 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RE-5039 (Turnpike LLC) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re-3J. Although recorded exemptions, individually,represent a small increment of the total housing stock,the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally,the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re-3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate $1,232.00 per single-family housing unit(see Table 1). Therefore,you will owe$1,232.00 for creating 1 additional lot. If approved, it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed. Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash-in-lieu of land of S1,232.00 is requested for each single-family housing unit which totals $1,232.00 for the 1 additional lot, Without such mitigation,the district will recommend that the application be denied, Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re-3J Kristine Ranslem From: Kristine Ranslem Sent: Thursday, June 24, 2010 4:11 PM To: Bethany Salzman; 'joanna.williams@state.co.us'; 'jeff.deatherage@state.co.us'; 'cindy.einspahr@co.usda.gov'; 'smcdowell@co.adams.co.us'; 'clarue@co.adams.co.us'; 'kerriegurtler@re3j.com'; 'manager@henrylyn.com'; 'tombeach@re3j.com'; 'Debbie Chumley' Subject: RE-5039 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5039) in which we ask that you review the attached material and send a referral to us by July 23, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogle a(�co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! FLrkti,we 2awsLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 Kristine Ranslem From: Kristine Ranslem Sent: Thursday, June 24, 2010 4:11 PM To: 'Isauter@rtebb.net' Subject: Case RE-5039 Attachments: Applicant letter.pdf Please see the attached letter K.ri-st*we z ,sle u Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • • DEPARTMENT OF PLANNING SERVICES Q 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, 3540 FAX: (970) 30Ext. 4t. 498 I C. COLORADO June 24, 2010 Turnpike LLC do Liz Sauter 14800 Harback Rd Keenesburg CO 80643 Subject: RE-5039 -A Recorded Exemption located on a parcel of land described as N2SW4 of Section 23, Ti N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Keenesburg Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Keenesburg Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Keenesburg at 303-732-4281, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely. DRaisollyn:signed t ea Kristine f his Reason: ig the by rorne Ranslem document Location:1555 N 17th Ave Date:2010.06 2415:53:16-06'00' Kim Ogle Planner fr‘aitat, WIIi`PG APPLICATION FLOW SHEET COLORADO APPLICANT: RICHARD HUWA CASE#: RE-5039 REQUEST: TWO LOT RECORDED EXEMPTION LEGAL: Q&N2 SW4 SECTION 23, TOWNSHIP 1 NORTH RANGE 63 WEST LOCATION: NORTH OF CR 6, EAST OF AND ADJACENT TO HWY 79 PARCEL ID#: 1477-$-0-00-007 ACRES:�'6O� Date By Application Received JUNE 21,2010 Martn Application Completed JUNE 23, 2010 Ogle Referrals listed Vicinity map prepared File assembled 4OY1iD f Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: r"r/rc4ri71rr1G.C B ‘t;- io GG Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Y Plat recorded and filed a I I er&I Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X Airport Yes No_X_ Geologic Yes_No_X_ Flood Hazard Yes No_X_ Panel #080266 Road Impact x RECORDED EXEMPTION (RE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASES ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 7 7 _ 2 3 _ 0 - 0 0 _ 0 0 7 (12 digit number-found on Tax I.D.inbmiat n,obtainable at the VYeld County Assessor's Office,or www co.weld,co.us) Legal Description N25W4 , Section 23 ,Townships North, Range63 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No)0a Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yesoa No FEE OWNERS)OF THE PROPERTY: Name: Turnpike LLC Work Phone# 303-734-'1 Yd? Home Phone# Email Address Address:4202 County Road 65 City/State/Zip Code Keenesburg,CO 80643 APPLICANT OR AUTHORIZED AGENT(See Below Authorization must accompany a/appications signed by Authorized Agent) Name:Liz Sauter Work Phone# 303-815-2731 Home Phone#303-732-4383 Email Address Isauter@rtebb.net Address: 14800 Harback Road City/State/Zip Code Keenesburg,CO 80643 Lot A Lot B Lot C Lot D Smaller Parcel Water Source proposed well proposed well Type of Sewer proposed septic proposed septic Proposed Use Ag residence farm ground Acreage 5 74 Existing Dwellings? If Yes, list address If Yes, list address If Yes,list address If Yes, list address below: below: , below: below: n/a sr' i 9M . .,..1e et re, c, f 9 f r�, If the prop iswry y vacant or ww proved water source and proposed sewer system for each parcel in the blanks above. For fa/ • 4 example,iI a well and septic is proposed state:pwpot well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board. ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter a thorization from all fee owners must be included with the application. If a corporation is the fee owner, no riz vide mu t be included showing the signatory has the legal authority to sign for the corporation. PC- Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date (4 ( Turnpike LLC 23-1-63 RECORDED EXEMPTION QUESTIONNAIRE 1. Domestic Water There is no domestic well on the property. Lots A and B will apply for well permits as needed. Irrigation Water. The property is bonded to the Henrylyn Irrigation District, this, along with an irrigation well are used for crops. 2. Sewer There is no septic system on the property. Lots A and B will apply for septic permits as needed. 3. The property consists of approximately 79 acres. There is an AT&T tower on the property, along Hwy 79. There is a pond on the north-west corner of the property and a cement irrigation ditch bordering the property along Hwy 79. Irrigation runs along then east to cover the crop. The west portion of the ground is planted in sunflowers, the east half of the ground is planted in corn. 4. The property lies on the east side of Hwy 79. The majority of the property is utilized for farm ground. Lot A will be approximately 5 acres in the south corner of the property. This lot will be sold as an ag residence. Lot B will be approximately 74 acres and will continue to be utilized as farm ground. 5. The ground is mainly level. There is an AT&T tower near Hwy 79 near the middle of the property. There is a cement irrigation ditch running along Hwy 79 bordering the property. 6. No building envelopes are requested. 7. There are no Use by Special Review permits on this property. � 3 I - C-3 • o E �T.T �— + n n �oi�dL.n� Lei 3 3 Rik Acre-s Lot- 5 NJ'�- s JUN-21-2010 MON 11 :08 AM FAX NO. P. 01 Weld County Treasurer Statement of Taxes Due Account Number R6527986 Parcel 147723000007 Legal Description Situs Address 7141 N2SW4 23 1 63 EXC UPRR RES(1R) WELD 000000000 Account:R6527986 PV WATER HOLDINGS LLC 4643 S ULSTER ST STE 1300 DENVER,CO 80237 • Year Charges Billed Payments Balance 2009 Tax 5661.92 $681.92 50.00 Grand Total Due as of 06/21/2010 $0.00 Tax Billed at 2009 Rata for Tex Area 2449-2449 Authority MITI Levy Amount Values Acted Assessed WELD COUNTY 16.8040000' $201.81 AG-FLOOD $41,4 C $12,010 SCHOOL DIST RE3J 21.7050000 8280.88 IRRRIGATED LAND CENTRAL COLORADO WATER 0.4250000 $5.10 Total 541,4 C $12,010 (CCW LOST CREEK GROUNDWATER 0.8490000 $10.20 (LCG S.E.WELD FIRE 5.7840000 $09.23 AIMS JUNIOR COLLEGE 6.3120000 $75.81 HIGH PLAINS LIBRARY 3.2550000 $39.09 Taxes Billed 2009 55.1140000 $661.02 •Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY' HE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTP dCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY•AUGUST 1 • WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(sl r ['Taxes Due, issued by the Weld County Treasurer,are evidence that, as of this date, all propel taxes, special assessments and prior taxes liens currently due and payable connected with the !arcel(s) identified therein have been paid in full. Signed a's.a414--7Date a"2//O is REFERRAL LIST Name: Richard Huwa Case#: RE-5039 County Towns & Cities Fire Districts Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 x Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey x Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie x Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn Commissioner _Division of Minerals/Geology _Pierce _ _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor x Brighton/SE Weld _Centennial Counties Greeley/West Greeley x Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-3 USDA-APHIS Vet Service _Central Cob. Water Cons Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Henrylyn Ditch Company Airport _Art Elmquist (MUD Area) _Federal Communications Comm • REFERRAL LIST Name: HUWA County Towns&Cities Fire Districts Attorney _Ault _Ault F-1 X Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 _Building Inspection _Fart Lupton _Johnstown F-8 X Code Compliance _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 X Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey X Keenesburg _Poudre Valley F-15 _Department of Health Kersey Raymer F-2 _Department of Transportation _LaSalle X Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board _Longmont _Wiggins F-18 _Oil&Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer Legal South Hwy 66 (Loveland) _Northglenn Parcel ID# _North Hwy 66(Greeley) _Nunn Zone Acres? _Division of Minerals/Geology _Pierce USDA _Platteville Airport Soil Conservation Districts _Severance Geo Haz _Big Thompson/FTC _Thornton FP? Panel# _Boulder Valley/Longmont _Windsor IGA? ORD# X Brighton/SE Weld MUD? _Centennial Counties _Greeley/West Greeley X Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs X School District RE-3 USDA-APHIS Vet Service _Central Cob.Water Conservancy Dist Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub X HENRYLYN Ditch Company Airport _Art Elmquist(MUD Area) Federal Communications Comm _ 7 7 Commissioner 0*II Weld County: Refer-ral --- WilC. I. ______ COLORADO ____ June 24, 2010 JUN 282010 The Weld County Department of Planning Services has received the following item for review: Applicant Richard Huwa Case Number RE-5039 Please Reply By July 23, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal N2SW4 of Section 23, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location North of CR 6; east of and adjacent to Hwy 79. For a more precise location, see legal. Parcel Number 1477 23 000007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ e have reviewed the request and find no conflicts with our interests. AV See attached letter. Please notify me of any public hearings regarding this request. Comments: Signature Agit Date 7- 8. to Agency P‘.4. •:Weld County Planning Dept. •:•1555 N 17th Ave, Greeley, CO. 80631 •:•(970) 353-6100 ext.3540 •'x(970)304-6498 fax • • Weld County Planning Department tt LH. M E M O RA N D U M Planning OFFICE J1.11 13 min TO: Kim Ogle, Planning Services :C }LV0 C. FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-5039, Richard Huwa The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 6 is a local gravel road and requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 79) Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-5039 M:\PLANNING—DEVELOPMENT REVIEMARE-Recorded Exemption\RE-5039\RE-5039.docx • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970)304-6497-r Road File#: Date: June- I, -'261° RE#: Other Case#: 1. Applicant NameTZtrn p i Ke. Phone3O "7.3. • y 308 Address `f,2O& C R /.O5- City Kccnts orc5 State CO Zip oc.,44 2. Addressor Location of Access fa w j 9 Section 43 Township I Range to 3 Subdivision Block I of Weld County Road t/4cal 7 9 Side of Road t?a-S'F Distance from nearest intersection le tai• \e 3. Is there an existing access to the property? Yes ✓ No #of Accesses 4. Proposed Use: ( Permanent ( Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas DR = Ditch Road El = House O = Shed piles A = Proposed Access 4- + = Existing Access CR b I OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions El Installation Authorized ❑ Information Insufficient Reviewed By: Title: ( 0 4O\5) y), Weld County Public Works Dept. s� -- < 1111HStreet ACCESS PERMIT ,O a y+co P.O. Box 758 p S .�� Greeley, Co 80632 APPLICATION FORM eY/C W.Q` Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Ts4 cusp iK.E u_c/mV tl/ATr2 t-loc-t/N/ Name Company Address Address 4 ,1 � .` �7 City State Zip City Z_L uL U 'i . State ) Zip $J':, `: Phone Business Phone w3 l;? _ Vc ?tS Fax Fax E-mail E-mail ♦=Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR �� Nearest Intersection:idt4-1 &WCR (O WCR 8 Distance from Intersection u- Parcel Number Nil 13 OOOOO1 z Section/Township/Range A3' ' 4,3 Is there an existing access to the property? YES NO N B 3 Number of Existing Accesses Road Surface Type&Construction Information Asphalt Gravel_ Treated _ Other WCR (. Culvert Size&Type Materials used to construct Access Construction Start Date Finish Date Proposed Use o Temporary(Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150 o Small Commercial or Oil & Gas/$75 o Large Commercial/$150 o Subdivision/$150 o Field (Agriculture Only)/Exempt # STATE AccE45 'j --t'T' / Is this access associated with a Planning Process? o No o USR 'RE o PUD o Other BE 6O3`l Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right,& into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Deparbnent of Pubic Works 111 H St PO Boor 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970)304-6497T Road File 8: Date: June_ 1. 020/0 20/0 RE#: Other Case It: 1. ApplicantNameTuca.P;Kt �-C Phone 303.73a g308 Address Vac& CR (oS cityKccntslnors State CO zip Rob'I3 2. Address or Location of Ar0cs N 01 99 Section 43 Township I Range Is 3 Subdivision Block Lot Weld County Road#t/4 tat 0 9 Side of Road e•o_S+ Distance from nearest intersection -(e rn't\e 3. Is there an existing access to the property? Yes V- No #of Accesses 4. Proposed Use: ( Permanent ( Residential/Agricultural ( Industrial ( Temporary ( subdivision ( Commercial ( Other 5. Site Sketch Legend for Access lam: I AG = Agricultural RES = Residential O&G = Oil&GasS DR = Ditch Road = House O = Shed F A = Proposed Access —1 + = Existing Access —0 cRo f(V OFFICE USE ONLY: R<+xt ADT Date Accidents_ Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation Authorized El Information Insufficient Reviewed By: Tom: Memorandum TO: Kim Ogle, W.C. Planning DATE: July 15, 2010 • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5039 NAME: Huwa Environmental Health Services has reviewed this proposal to exempt one lot off of a 79 acre parcel. Proposed lot A will consist of 5 acres and proposed lot B will consist of 74 acres. Both lots are currently vacant. Individual wells and individual sewage disposal systems will be installed when residences are constructed on proposed lots A and B. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. Print Form CWeld County Referral June 24 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard Huwa Case Number RE-5039 Please Reply By July 23, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal N2SW4 of Section 23, T1 N, R63W of the 6th P.M., Weld County, Colorado. Location ' North of CR 6; east of and adjacent to Hwy 79. For a more precise location, see • legal. Parcel Number 1477 23 000007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan © We have reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer,no violations were noted. n Signature Date 06/24/2010 Agency -oning Complia e 0 i er +Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 9(970)353-6100 ext.3540 +(970)304-6498 fax Jul 0710 01'.02p Debbie • 3032320599 p.1 i f" 61..........;\\ Weld County Referral WilkJune 24, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard Huwa I Case Number RE-5039 Please Reply By July 23, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal • N2SW4 of Section 23,T1 N, R63W of the 6th P.M.,Weld County, Colorado. Location North of CR 6; east of and adjacent to Hwy 79. For a more precise location, see _ legal. Parcel Number 1477 23 000007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that does/- oes not comply with our Comprehensive Plan We have reviewed the request and find no c swith our interests. O See attached letter. 0 Please notify me of any public hearings regarding this request. Comments: Signature Pl __`� �� Date < ` 7"�o l at•t h RE t:.SciURU Agency +Weld County Planning Dept. +1555 N 171"Aye, Greeley,CO.80631 +(970)3534x100 ext.3540 +(970)304-6498 tax Ju'. 6. 2010 8: 14AM H•YLYN IRPIGAT:CN • No. 2914 P. ' Weld County Referral June 24, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard Huwa Case Number RE-5039 Please Reply By July 23,2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal N2SW4 of Section 23,T1 N. R63W of the 6th P.M.,Weld County,Colorado. Location North of CR 6; east of and adjacent to Hwy 79. For a more precise location,see legal. Parcel Number 1477 23 000007 The application is submitted to you for review and recommendation. My comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional infortnatlon,please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. 13 See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Rod Baumgartner Date June 25,2010 Agency HENRYLYN IRRIGATION *Weld County Planning Dept. 050 N 17'^Ave, Greeley.CO.80831 0(970)353-6100 0)4.3540 0(970)304.6498 fax Ju'. 6. 2010 8: 16AM HoYLVN IRRIGATION No. 29'4 P. 2 • THE IIENRYLYN IRRIGATION DISTRICT P.O.Box 85 Hudson,Colorado 80642 (303) 536-4702 Fax(303)536-9477 June 25,2010 RE:Case Number—5039 To Whom It May Concern: The property referenced in RE 5039 is projected to be split into two separate lots. Historically this property received its allotment of irrigation water through head-gate number 12 on the Prospect lateral. Before the approval of these applications of the proposed lots, and for the benefit of the future and present owners, it is the ambition of the Henrylyn Irrigation District that the applicant include on the final plat of these proposed properties, the rules governing the subdivision of lands as established by The Henrylyn Irrigation District Board of Directors as follows: Section 13.1-Subdivided Lands As used herein: "subdivided land" shall mean those parcels of land within the District that have been divided and deeded into two or more parcels with separate and distinct owners. A) All previous rules and regulations of the District shall apply to all subdivided lands within the District,including: delivery of not less than one cubic foot per second of water at any headgate or in increments of one-half cubic foot per second of water in addition thereto. B) Only existing head-gates shall be used for delivery of water to all owners of separate parcels within subdivided lands. C) No new head-gates shall be authorized by the District or constructed by the owners of separate parcels within subdivided lands. D) Owners of all separate parcels within subdivided lands shall enter into an enforceable written and recorded agreement,perpetual in time that the lands are included within the boundaries of the District, and acceptable in form to the Directors of the District,providing for: Jul. 6. 2010 8: 15AM FE1YLYN IRRIGATION • No. 29'4 °. 3 1) Equitable division and delivery of each owner's pro-rata entitlement of water; 2) Proper control, delivery and management of all water delivered to the singular headgate until said water reaches the end user(s)thereof; 3) Designation of one person authorized in all respects to communicate with and respond to the District and its representatives on behalf of all owners of separate parcels; 4) Timely payment of all irrigation district taxes payable upon each separate parcel; 5) Assumption for and indemnification of the District in an amount not less than the governmental liability limits then in effect for any and all damages resulting from mismanagement or overflow of any water delivered to the singular headgate; and 6) Proper maintenance of all structures below the singular headgate as used to deliver irrigation water to the separate parcels. E) No water shall be delivered to any headgate serving subdivided lands unless and until the Board of Directors shall be satisfied,after factual determination,that the use of all said water is in accordance with and not in violation of the District's applicable water right decrees or irrigation district law. As an alternative to leaving the water bonded to the smaller lot,the Henrylyn Irrigation District highly recommends that the applicant file with the District office a proper petition to exclude all property in Lot A from the District that is the subject of this application. Any additional information that is added to the application for review should be forwarded to the Henrylyn Irrigation District's office at the address above. Res ly Rod Baumgartner Manager/Secretary -T . -A � . ' -e, _ • ' -.�� r 41111101 - _ y ' - ..Ls, 1 ip kit. , •I'd A , , . Ili ilb,Well- . . it .,. * _ _ ` i t r " a.ft 1 , 1 ' f- v . • . ,;;yc .' Ii . _.W - lis e Vim - - t • �' ( ' E • , • I I �' s = • I 1 • }: K' r t 7 {I . . I I t F . . *-.10, i . . :- - - . ril . _ :i . C. ^_ _ '� . 0t 4 , j f - .x .rte 5i- - Vi It. ;. .- _ Jr.:. L r-_ I _ _ `. � ��i I • j S �~-r' •, f ti . 7, • . ' :.... I_•..� t •-�n�L .l .144: 4 • - 11 . ,�� W 'L. .-�- 1�'F•. ., _ $ f r Colorado Secretary of State - Summary Page 1 of 1 f y P(.,�44 fj{3� i• F , a '�iyy �a v�H 9•g,�,.eP zy�ro.li;aa'n, '^ Y i� fin#^�h y" '{ Y^^¢Y�„E'Mt `•may• ? r' 1 yw '.� Home I Business I Elections I Licensing Press i About Us Contact Us For this Record... History&Documents Cert of Good Standing Su m ma ry File a Document Subscribe Email Notification Unsubscribe Email ID Number 19931003747 Notification Name: TURNPIKE LIMITED LIABILITY COMPANY Business Home Business Information Registered Agent: RICHARD F.HUWA Business Search Registered Agent Street Address: 4202 CR#65,KEENESBURG,CO 80643,United States Registered Agent Mailing Address: FAQs,Glossary and Information Principal Street Address: 4202 CR#65,Keenesburg,CO 80643,United States Principal Mailing Address: Status: Good Standing Form: Limited Liability Company Jurisdiction: Colorado Formation Date: 01/13/1993 Term of Duration: 01/132023 Annual Report Month: June You may: • View History and Documents • Obtain Certificate of Good Standing • File a Document • Subscribe to E-mail Notification Regarding this Record • Unsubscribe from E-mail Notification Regarding this Record I Pfevios Page Search I Accessibility i Privacy statement I Terms of use 1790 Broadway,Denver CO 80290 I 303-894-2200 I sos.business@sos.state.co.us http://vvinrw.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination—BusinessEnt... 6/2/2010 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: PV Water The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: A portion of The North Half of the Southwest Quarter of Section 23, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado.. CONVEYANCES (if none appear, so state): il Reception No. 1572980 , Book 604 J Reception No. 1591374 , Book 669 V Reception No. 1969206 , Book 1032 4 Reception No. 2279494 , Book 1327 .IReception No. 2279495 , Book 1327 UReception No. 2476443 , Book 1532 eception No. 3200614 eception No. 3694911 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 21St day of May, 2010 at 5:00 o'clock P.M. LAND TITLE GUARANTEE/� � COMPANY By: /� llA t,, i &1b4t Kern Allison Title Examiner w II b'�` C 1 ,......lagenelgt141144figinteit EM ITILIARN,_....... • L1O11 UlagiSIAN and;M TN gbuta AN.r. .._, o .yam odd Is °w°Weld andatelici o tor the oarl6mMlen d .1 •1 ' Tan and other valuable consideration Delon, • r" In bad gold.beard Idled and oe (sd to • 7..11.E.MILTOODNAL._B!sill_A.F...Pr.N.SUYR?4Ra_A�__... ,Mole Mares b 333 West National Bank_..._._ ........ _._....._.._..._ ....... 1e Happd qAvenue , Englewood Cavity d Arapahoe ►'d fats d o (,'plafeada -ArrlsiMpmeOd, the retbabd eel treparb situate e i the Come d Weld aa late at Ceases tweet: • i= WEE ATTACHED LEGAL DESCRIPTION, EllHiBlf A) together with ell of grantors' rights in and to ell nesting oil and gel lease, crop lease, and growing crops in connection with said property. —, onsidemtlon less than 6100. ne Conveyance me required) web au Its appsrtoaaesa axe nsneet(a) the tide to the ems,ntfos1 to all taxes end outstanding enatmtxaxas. aped n r 5th red Anaust 10..21.._ • Zi n STATE or coLOIUDo . coop d s.arwhw Tb loom ha bshrmaat me sramnbdged talon M Edo 5th day d August iW L by Andrew Zimhelmen, Elisabeth:Sinhalese, Leon Zmbeltn 4 Hy J wine= has)�a deal sal {,� ��wit .. d•v, w Wyss WS Bouebw 15,tun �J rat r3.nrar!�rJ y f . IT•An CO COL.O1ADO � a •i...t ••. Orhmty d f.,.,fr,f,/._ The taeesobd bwerrmett wb edmoaYdaad Wnn r this u d Snort err n Sommoq at ens a mrpmatlas a . Wilms.my land and official scat DIM wily _ loan eras.r,e r ION Nails w r aims hr r.. or.r a aal-7neamen 1. 4 W a b s rail eves Ps rr Y rata. Stun was INIABICI UMW • I • ..N w••4' ...7 cr.. irateeat • t1211IF9T •A• LFa&L COMMON The NI of the MI and the gE%of Election 23, TW 1 N, R 53 W. • of the 6th P.M. excepting therefrom parcel of lend conveyed by Deed recorded in Book 622, Page 428, Weld County records, and except reservations as contained in potent recorded in Book 201, Page 60, end in Deed recorded In Book 223, ^age 164, Weld County records. The NW3 of section 26,TW 1 N, R 63 W of the 6th P.M., except easements as described in instruments recorded in Book 1300. Page 265, and In Book 1333, Page 82, Weld County records. All that part of the El of Section 27, TW I N, R 63 W, of the 6th P.M. lying and situated South and East of Prospect Lateral, excepting therefrom a strip of land 30 feet wide off the East side of the NE}of said section 27,conveyed to the County of Weld by Deed recorded in Book 414. Page 341, Weld County records. except easements as described In InahvmoMs recorded In Book 1300, Pegs 265, end in Hook 1323, Pegs 63, Weld County records, and except reservations as contained In patent recorded in Book 201•, Page 523, and le Deed recorded In Book 217, Pegs 2I8, Weld County records. Thet certain pump site as described In Wsnsnty Deed recorded in Book 1352 at Pegs 249, Weld County records, situate in a parcel of land described as follows: All that pert of Section 27, TW 1 N. R 63 W, of the 6th P.M. lying north end west of the Prospect Latent, except e parcel of land more particularly described es follows: Beginning et the rorthwest corner of said section 27, running thence east aloe;the north line of said section 27 a distance of 020 OHM thence south 1,000 leed thence west 620 feet;thence north 1,060 feet to the point of beginning, containing 20 acres more or less, together with rights of wen sad easements for Irrigation ditch end rights of Ingress, egress and regress. Together with all reservoir, ditch and water rights sppartenent to all of the stove described land, and also together with all Improve• minis located on all of the land described stove, end also together with the water wells registered with the State Engineer of the State of Colorado under the following numbers: R04S4S, 804546, R04547, R05945-P. County of Wald, State of Colorado. w I 411 se"G139 GG9 Reardal c ,Q_._,_-ataLl P 74 /—/ Rae rdds Vampi R THE FIRST NATIONAL BAN[.Ot..ENCiLEWOOD. e. A National Bank _ taco tnar,.�.,n•, r..- 1 .Ave Wrinsa b 313 West Hampden Avenue Dalt j1 tt L w 'NZ g a ►,Englewood Canty* Arapahoe and Slur et s _.._$1/,Sp a 1 Colorado Aw the waskiradoe of —1 a a n One Hundred Sixteen Thousand and r.o/100---f Wars, o, el rP In hand paid.hereby NSW and cawe'(a) to wj • .a 3 ea N1ICODUB AfW USCH and TIAAENCE I. ARNU7"tt •.b 1.' e •.1 • whore addreA b g a. Koonosburg 2 N n. Counts N Weld sod Sme et ea a Colorado 'bb bad hs re'. tM W.:"ins reel property atbae " a e In the lbmety of Weld and date of Cb.'uredw towtt: The NI SW4' ; a e SE;of Section 23. Township 1 North, Range 63 West of the 6th P.M., except part ea- n cribed in Book 622 4 t page 420, and except reservations ii.Book 201 etlpage Eve . is' .° t Book 223 at page 164 and in Beak 233 at page 164, TOCEtnE$ F eu located thereon;TOGETHER with all reservoir, ditch and water rights appurtenant to all a 'so( of the above-described rand: TQGETH with Irrigation Well No. 5945-f registered a 4 ✓7 with the State Engineer of the State of Colorado, located in the NE;of Section 27, Township 1 North. Range 63 West. with a right to drill a new replacement well, if u needed and if approved by State Engineer In NEI of said Section 27 within 300 feet of • said present well, with the pumps and motors and all pipelines appurtenant thereto ter 2 conveying water from said well site to the above-demised land and to 5j SW;of a Section 23. Township 1 North, Range 6 West, ^ with an easement for said } across one rod wide aoes said NE;: wttn ell Henrylynn water rights appurtenant to the demised promises and to , said Section 23. with all its app irtroanen and wamM(s) the title to the max,adds*to Taxes for 1972 and subsequent years, Henrylynn water taxes. easements, mineral reservation, restrictions and Improvement districts of record. Granter makes no warranties as to mineral Interests of ownership. Signed this..5th—day of lune 121E ATTEST: The Fi auonal Bank of Englewood A Natid (i.,...-7 --� ndl Bank Cashier Presld t ISoall • . F ' ••••• STAIR 0,COLORADO j r •' 1 aunty of Nnpahoe )} • The histrtmsat •• :stied belay me this Bib gay of lune '• '...yi 2 ,pea di d% eno�d o es P. Eacott as Cashier of The First Hid • 6'W N in/�WO*. u+a .1573 . witness ray MM and Slide!sal.\loot .. NM w STATE OF COLORADO —) __county a dy is /gehoo The Neee•lns b,sbranent was atfaowkdsed beten me this 0th day it lune 1972 hit„Specie Curry s Prdamt and'Thom4p m Eacott es cashier !amts, ce Ttt�,rii �afal Banker f Englewo Mayod, a National Bank. araaNsa� .e expires livid and MISS IS. 73. aUu� •e / ^,2 a—n viva r..r. t""""" Caraaal0 tale ON J it pal I...new r w r p...bloom se mos CHICAGO MU OSSIIn Ooataaae J w • • 88196420h • Retordedat_ a 1032 AEC 01969206 06/04/84 15046 $3.00 1/001 Rweerllla.ero - F 1169 MARY ANN PEUIRSTEIEI CLEAR 4 RECORDfA MELD CO, CO 1 _(CI Quit allineheat b 5 106 CEIO is a conveyance Iran the I dnldWR5L caparaaant$)or ether ea*y1W11 aaatwl b.W.t n it rRANTOR to the admdviMsi or Ia4 vBea)named beam at CRANTfI d whatever interest the GRANTOR et 0 hem a tat may he real property delalbedideer The GRANTOR hereby setand gun claims to the Gwent the real property detimbed below wan all at ft e aplMteaMM e p. Ike spxdre tams dtas deed ere anmlat IG,,w nerwwu RPM aaaerw M.,.area. Ii' ,.ow M Mr throw Tore a rr n.••I w Not Won to awv. O meeting rums deer avant as bud aat and nit I g, Florence I. Arnusch •P. O. Box 384 ,r • Ka'onesburg, Colorado 80643 Gimlet Ain ran,•1I and mN„tune %Wre.rII ael•ett newt..)4#t'4W non fY we.•n net n.r.rnM 1 Nikolaus Arnuach 6 34527 Road 6 • Aeonoshurg, Colorado 80643 n Mo perm Of Codlyerehlp; at Melt Pelt alt 1W,le In r.•.avamt n�na 1'.1•f rely*s t.C.d n IYe M Inland•• 4MYrpnrns.t:b red... •....M I.••r.', n nod.Y•Nr tanwnMNMen waded n Ps M Moon.IVNY. 0 ,t ►rapalr OsenMba; ,Iwilri. nMla•M\•a, • That ulswlf SRI of Section 23, Township I 2 earth, Range 63 West of the 6th N.M., except part described in book 432 at partu oo 428, and except reservations in Book 201 at page 40, in Book 223 at pap 164 and 6 in Book 233 at M9 164, TOGETHER with all iq•rovomonta located thereon; TOCCTIIER oun-dnlcrt with all reservoir, ditch and water rights appurtenant to all of the ab ) I land; T•006TIlER with Irrigation Well lie. 5945-r registered with the State Engineer of the State of Colorado, located in the IIE1 or Section 27, Tamehip 1 north, NOVA 43 West, with a right to drill a new replacement well, if nomad and it approved by State neglecter in crE1 of said Section 27 within 300 feet of said present well, with the poops and motors arid fall pipelines appurtenant thereto for convoying water from said well site to the above-doelsefl lan.l and to SISWI of Section 2), Township 1 North, Range 43 twat. T1IETIO:R with en easement for said • pipelines one rod wide across said Mir t'OgttlttP with reel IWnrylyV, water rights .. appagiviarwathe demised premises and to 8 Sa said Section 23. i R.MnNIaw.assldcS4u 11•'s.f.na.tt-N.rn. r'-. VI 'M..••..nt•.V,W„r wro Vann ins lna••r X9 .oar. y . ,. 1.f.&! x ..;n0•• r.urlt I'I%nil.r w poplar +N.a sI...en 5.^e yew•nl __awn._L_, •, 84 .aaeaMle S stem.Poe le twwmw e.•w.m. do aar.mw I tyw•a Odor.: .LCG'it if C_ O.- 0 F osa —.,..;r.,-.• tVl,•a.t on............„.,.„ •n'-.,•an aa...a. i-lorence I. rouse n o.0 r 0 h X. .__.. . .._. _...... Own. awe- OKw•• ...„ .._ -_.__........-.. ,.-. / o x. qq,, 1 r 140Wt3i 1 , -3UM 084 ^ Arnusch. PaaG'9'It#'R.:'1, /1.4,- ,. / - t/23 N tam -r.'-' sum...m.4- p Sa . Xf r co1Nf ry or , n rtn,. t•... -4.a....,"......n.'.r M I- ...ern a..• X,' in ly r.re..w^e-tw.•nr..• • S 4.• • .r.V dede 444/00 Y. ..•.•hl•VIrr.Y TM•.W V.ap.+v'I.,••••te-ier% Y.Ma•04•..I•..n.nw.M.,.a...I— Nebel eeM11 UV 4• NPe..n.. pt f� SOAR lea VOSSI � 'h! r%el ea aM.a.5•.,...let Cana ONr N•/ Y' In"$1443•8 O z M„00,00.O6N C ,00'401 W 48-R p b E DIG I � o O M te2 O� L� N Z .44 rq 3 w tn 0 s cf) ` (0 310N 33S) ... f 0 b N C t aroa Ss330VP c:, N� N o tO 0 C.) ,00•'601 0 3.00,00.06N ,00'ot 4 W ca. O IU Va Z X V) O • B 1327 REC 02}94 02/28/92 15:34 $40.00 1� pR2279494 F 0819 MARY ANN FEUERSTEIN CLERK fi RECORDER WELD CO, CO WARRANTY DEED THIS DEED,blade this 2.1. ,X�— day of February .10 92 between Nikolaus Arnusch of ate • _, �._. Caumyil Weld .Mate of Colorado.grunions,and I Stale I).:;utnentcry f Y2. Eagle'Peak Farms, Ltd., a Colorado limited Partnership • whose legal address is 1942 Broadway, Suite 323, Boulder, -- Colorado 80302 of the Gmmy,' Boulder .Staten'Colorado.grantee9se WITNESSETH,That the grantors),for and ineonsialeratinn of aim of Five Hundred Fifty-three Thousand Dollars ($553,000.00) POILA.R . the receipiand sufficiency of which ishereby:dnln,ledged.ha$ ranch bargained.s^lJ;nd mncged.and by these presents dies grant. bargain,sell.convey.and confirm.unto the tednl. Its SUCC IOnLi forever.all the real mgeny.together with iin Is• gran ;Assigns P F Pnnenen Dec']iC if any.situate.mine and being in the County of Weld .State of Colorado. ;.?J described as follows: See the attached Exhibit A. TOGETHER with all and singular the hereditament,and aplmnenanees thereto belonging.or in anywise appertaining.and the reversion and tesuvons,remainder and ten,aindas,rents.issues and pmfib thereof.and all Ow estate.right.title.intent.claim and demand whatsoever of the g ranlurl s 1.either in lase or equity.of.in and to the Ant bargained premises.w ill the heredilamenlsand appurtenances. TO HAT:AND TO 1101.0 the said'itemises abme bargained and described with the appurtenances. ihe erammistlts SUCCB55AfJ$ • assigns forever.And the grantor'nt.liar 1� Iytt hi C heirs and personal rewe`e^i:ltiaa.do es eoauam.grant.bargain.and agree to and Willi the granieci t$ $ .5P..V.tslls.JIM al neRme nil Inc unsealing and delivery nithese presents. he is well seieed of the premises chose conrcsed.has prod.sum.pecker.absolute and indefeasible emit of inheritance.in law, in fee simple.and ha s pod right. all peer and authority to gram.bargainxll and convey the sane in manner and fluor asaWrevid.and Mat the vine are free and clear Rom all former and^thc,grancs.timigains,salt's.liens.tato.assesmmnts,eeemnhrones,and retricthim of whales Cr Iindo,nature.miser. wept those specified on Exhibit A. The graham shall and will WARRANT AND IS)REvER DEFEND he above-bargained premiers in thequiel and peaceable possession of the `renaecdl. IL$ succ �iJ assigns.apaina all andevers person or persons lawfully tainting the%bolemr any pantherenf. IN WITNESS WHEREOF.de gram...-1.1 lm s uumcd rhie deed on the da':set femh oboe. `Nikolaus Arnusch • rST\Tai OF COLORADO 1 ss Cnuntymf Weld 11 The foregoing Imminent was'icknimiedged before me this 25th der,of February .1')92 he Nikolaus Arnusch. ''') 1 Si"norntnissa'ie spies December 1, 1994 'WmJ�{ti tse hand:ndonieia 4431--”1.A.,,,,,. Ju C 4i +.Is nmh 1113 10th :avenue ` n Greeley, CO. 80631 'If in Denser.imen'City and" No,932.Rew3.R5. \\aNH s%T1itiTI41n,Rum.paphic Hmurm • m.et.M PUMlehing.naa Kart,Si.tha.et CO blow 0.01.21:rNPI. Ise. SKLD LG SKL10422 WE 2279494-1992 . 001 • B 1327 REC 01,494 02/28/92 15:34 $40. 2/008 • F 0820 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT A TO WARRANTY DEED The property shall include the following: • Parcel 1: The North Half (N1/2) of the Southwest 1/4 (Sw1/4) of Section 23, Township 1 North, Range 63 Nest of the 6th Principal Meridian, County of Weld, Sta•ce of Colorado, excepting therefrom a parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half (N1/2) of the Southwest Quarter (SWI/4) of Section 23, Township 1 North, Range 63 West of the 6th P.M. ; and including a part of the Southeast Quarter (SE1/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, • described as follows: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" Eest a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of • 288.73 feet; Thence North 89°52' 16" East a distance of 703. 17 feet; Thence North 41°37 ' 17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15' 18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; 1 SKLD LG SKL10422 WE 2279494-1992 . 002 • • B 1327 REC 02279494 02/28/92 15:34 $40.00 3/008 F 0821 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter (SE1/4); Thence North 89°38'54" West along said North line a distance of 1382.66 feet to the center of Section 23; Thence South 00°17'11" West along the West line of said Southeast Quarter (SE1/4) a distance of 2640.48 feet to the South Quarter • (S1/4) corner of said Section 23; Thence South 89°29'25" East along the South line of said Southeast Quarter (SE1/4) a distance of 102.00 feet to the True Point of. Beginning; which parcel contains 61.242 acres more or less; Together with a non-exclusive common access road easement, which may be used by persons and vehicles of any type and description and at any time for any purposes associated with the use of the foregoing property, and which is described as that part of the Southeast Quarter (SE1/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; • Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58' 18" East a distance of 288.73 feet; Thence North 89°52' 16" East a distance of 703.17 feet; Thence North 41°37' 17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; 2 SKLD LG SKL10422 WE 2279494-1992 . 003 B 1327 REC 02279494 02/28/92 15:34 $40.00 4/008 F 0822 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter (SE1/4); Thence South 89°38'54" East along said North line a distance of 34.86 feet; Thence South 30°16'42" East a distance of 313.79 feet; Thence South 54°21'45" East a distance of 349.33 feet; Thenc' South 06°15' 18" East a distance of 193.93 feet; Thence South 29°29 '26" West a distance of 457.39 feet; Thence South 41°37'17" West a distance of 466.49 feet; Thence South 89°52' 16" West a distance of 695.90 feet; Thence South 00°58' 18" West a distance of 280.18 feet; Thence South 40°46'48" West a distance of 82.71 feet; Thence South 55°13'29" West a distance of 354.95 feet; Thence South 36°58'24" West a distance of 287.47 feet; • Thence South 00°00'26" West a distance of 448.53 feet to said South line of the Southeast Quarter (SE1/4); Thence North 89°29'25" West along said South line a distance of 30.00 feet to the True Point of Beginning. And subject to the reservations and exceptions contained in a Deed recorded on September 19, 1908, in Book 233, Page 164; , and subject to an easement and right of way on the South 30 feet thereof for Weld County Road 6. Parcel 2: The Northwest Quarter (NW1/4) of Section 34, Township 1 North, Range 63 West of the 6th P.M. ; excepting therefrom, that part more particularly described as follows: Beginning at the Northwest corner of said Section 34, and considering the North line of said Section 34, as bearing North 89°51 '58" East, with all other bearings contained herein relative thereto; 3 • SKLD LG SKL10422 WE 2279494-1992 . 004 B 1327 REC 02279494 02/28/92 15:34 $40.00 5/008 • F 0823 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO Thence North 89°51'58" East, along the North line of said Section 34, 980.88 feet to the True Point of Beginning, Thence continuing North 89°51 ' 58" East, along the North line of said Section 34, 435.60 feet; Thence South 00°08'02" East, 100.00 feet; Thence South 89°51 ' 58" West, 435. 60 feet; Thence North 00°08'02" West, 100.00 feet to the True Point of Beginning. And subject to the reservations and exceptions contained in ( 1 ) a Patent recorded on September 25, 1919, in Book 507, Page 402; and (2) a Deed of Trust from Nikolaus Arnusch to the Public Trustee of the County of weld for the use of The Federal Land Bank of Wichita, a Corporation, to secure 5110, 000.00 dated April 10, 1987, recorded April 10, 1987, in Book 1152, Reception No. 02095410, which was corrected by a Correction Deed of Trust and Security Agreement recorded on February 13, 1992, in Book 1326, Reception No. 02278038. Parcel 3: That part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 33, Township 1 North, Range 63 West of the 6th P.M. , lying East of the Prospect Lateral Canal, more particularly described as follows: Commencing at the Northeast corner of said Section 33; Thence South, along the East side of said Section 33, a distance of 600 feet; Thence West, parallel to the North side of said Section 33, a distance of 517 feet to the centerline of the Prospect Lateral Canal; Thence along the centerline of said Prospect Lateral for description purposes North 45°00'00" East 110 feet; Thence North 8°10'00" West along the centerline of said Prospect Lateral, 590 feet to the North side of said Section 33; Thence East, along the North side of said Section 33 a distance of 533 feet to the point of Beginning. And subject to the reservations and exceptions contained in (1) a Deed recorded on September 18, 1908, in Book 233, Page 163; (2) a Deed recorded on June 7, 1928, in Book 847, Page 305 and re-recorded on June 20, 1928, in 4 SKLD LG SKL10422 WE 2279494-1992 . 005 c B 1327 REC 02279494 02/28/92 15: 34 $40.00 6/008 F 0824 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Book 847, Page 335; and (3) a Permanent Pipeline Right- Of-Way Grant, recorded on January 22, 1981, in Book 926, Reception No. 1847661. and Parcel 4: The Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M. , excepting therefrom a parcel of land conveyed by deed recorded May 3, 1926 in Book 772 at Page 361, being more particularly described as follows: All the land in the Southwest Quarter (SW1/4 ) of the Southwest Quarter (SW1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M. , which lies within the 15 foot contour line of the D. A. Lord Reservoir Number 4, as said line appears on the map and statement of said Reservoir filed and approved in the Office of the State Engineer of Colorado, on June 11, 1907, as File No. 3744; and also excepting therefrom a parcel of land conveyed to by deed recorded June 5, 1930, in Book 896, Page 10, being more particularly described as follows: All that portion of the SW1/4 of the SW1/4 of Section 4 in Township 1 North, Range 63 West of the 6th P.M. lying within the Lord Reservoir No. 4 below the fifteen foot contour line as said line appears on the map and statement of said reservoir filed and approved in the office of the State Engineer of the State of Colorado, filed June 11, 1907 as File No. 3774, including a strip of land fifty feet in width above and adjoining said contour line. And subject to the reservations and exceptions contained in ( 1) a Patent recorded on December 5, 1919, in Book 507, Page 467; (2) the interest conveyed by a Mineral Deed recorded December 21, 1977, in Book 817, Reception No. 1739390; and (3) the interest conveyed by a Mineral Deed recorded December 21, 1977, in Book 817, Reception No. 1739392. 5 SKLD LG SKL10422 WE 2279494-1992 . 006 B 1327 REC 02279494 02/28/92 15:34 $40.00 7/008 F 0825 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Each of the four (4) parcels are also subject to an Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86, Page 273. All in Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery, and specifically including the following items. Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: All right to the water from the Henrylyn Irrigation District for the above property; and The water and water rights represented by the following Well Permits issued by the State Engineer and the Colorado Ground Water Commission: Final Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22, 1987, with a priority date of July 29, 1964; Final Well Permit No. 26510FP, former Permit No. 26510F, issued on May 22, 1987, with a priority date of April 18, 1954; Final Well Permit No. 31643FP, former Permit No. 14859R, issued on May 22, 1987, with a priority date of June 8, 1946; Final Well Permit No. 14860FP, former Permit No. 14860R, issued on May 22, 1987, with a priority date of May 20, 1954; Well Permit No. 85443, accepted on August 16, 1976; and Well Permit No. 63418, issued on August 21, 1972; along with any other wells and water rights used to irrigate the above properties or for domestic purposes on 6 SKLD LG SKL10422 WE 2279494-1992 . 007 • • B 1327 REC 02279494 02/28/92 15:34 $40.00 8/008 • F 0826 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO the above properties, and expressly including the water and water right associated with Final Well Permit No. 31542 to the extent the water and water right was used to irrigate the South One-half (S1/2) of Section 23, Township 1 North, Range 63 West of the 6th P.M. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; including the easement for a well, pipelines and other facilities, in the Northeast Quarter (NE1/4) of Section 27, Township 1 North, Range 63 West of the 6th P.M. pursuant to a deed recorded on June 12, 1972 in Book 669, Reception No. 1551374, which provides, in part, as follows: TOGETHER with Irrigation Well No. 5945-F registered with the State Engineer of the State of Colorado, located in the NE1/4 of Section 27, Township 1 North, Range 63 West, with a right to drill a new replacement well, if needed and if approved by State Engineer in NE1/4 of said Section 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for conveying water from said well site to the above- demised land and to S1/2 SW1/4 of Section 23, Township 1 North, Range 63 West, T_QQEMER with an easement for said pipelines one rod wide across said NE1/4 and across NW1/4 Sec. 26 in said Township and Range; and including all rights to the foregoing easement as described in the Quit Claim Deed recorded on June 4, 1984 in Book 1032, Reception No. 01969206; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, • gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. 7 SKLD LG SKL10422 WE 2279494-1992 . 008 279y95 • • pR2 B 1327 REC 02279495 02/28/92 15:35 $40.00 1/08 F 0827 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED, Made this 25th day of February 1992, between Nikolaus Arnusch, of the County of Weld and the State of Colorado, grantor(s), and Eagle Peak Farms, Ltd. , a Colorado limited partnership, whose legal address is 1942 Broadway, Suite 323, Boulder, Colorado 80302, grantee(s) , WITNESSETH, They the grantor(s), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee(s) , their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in or may subsequently receive to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: See the attached Exhibit A. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee( s) , heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. Nikolaus Arnusch STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 25th day of February , 19_92 by Nikolaus Arnusch. Witness my hand and official seal. My commission expires: December 1, 1994 1 Notary Public 1113 10th Avenue Greeley, Colorado 80631 SKLD LG SKL10422 WE 2279495-1992 . 001 • • B 1327 REC 02279495 02/28/92 15:35 $40.00 2/008 F 0828 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A TO QUIT CLAIM DEED The property shall include the following: Parcel 1: The North Half (N1/2) of the Southwest 1/4 (SW1/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, excepting therefrom a parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half (N1/2) of the Southwest Quarter (SW1/4) of Section 23, Township 1 North, Range 63 West of the 6th P.M. ; and including a part of the Southeast Quarter (S31/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at the Southeast ccrner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of • 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58' 18" East a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said • Southeast Quarter (SE1/4);Thence North 89°38'54" West along said North line a SKLD LG SKL10422 WE 2279495-1992 . 002 • • B 1327 REC 0.2279495 02/28/92 15:35 $40.00 3/008 F 0829 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO distance of 1382.86 feet to the center of Section 23; Thence South 00°17'11" West along the West line of said Southeast Quarter (SE1/4) a distance of 2640.48 feet to the South Quarter (S1/4) corner of said Section 23; Thence South 89°29 '25" East along the South line of said Southeast Quarter (SE1/4) a distance of 102.00 feet to the True Point of Beginning; which parcel contains 61.242 acres more or less; Together with a non-exclusive common access road easement, which may be used by persons and vehicles of any type and description and at any time for any purposes associated with the use of the foregoing property, and which is described as that part of the Southeast Quarter (SE1/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58' 18" East a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37' 17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15' 18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter (SE1/4); SKLD LG SKL10422 WE 2279495-1992 . 003 B 1327 REC 02279495 02/28/92 15:35 $40.00 4/008 F 0830 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Thence South 89°38'54" East along said North line a distance of 34.86 feet; Thence South 30°16'42" East a distance of 313.79 feet; Thence South 54°21'45" East a distance of 349.33 feet; Thence South 06°15'18" East a distance of 193.93 feet; Thence South 29°29'28" West a distance of 457.39 .eet; Thence South 41°37'17" West a distance of 466.49 feet; Thence South 89°52'16" West a distance of 695.90 feet; Thence South 00°58' 18" West a distance of 280.18 feet; Thence South 40°48'48" West a distance of 82.71 feet; Thence South 55°13'29" West a distance of 354.95 feet; Thence South 38°58'24" West a distance of 287.47 feet; Thence South 00°00'26" West a distance of 448.53 feet to said South line of the Southeast Quarter (SE1/4); Thence North 89°29'25" West along said South line a distance of 30.00 feet to the True Point of Beginning. Parcel 2: The Northwest Quarter (NW1/4) of Section 34, Township 1 North, Range 63 West of the 6th P.M. ; excepting therefrom, that part more particularly described as follows: Beginning at the Northwest corner of said Section 34, and considering the North line of said Section 34, as bearing North 89°51' 58" East, with all other bearings contained herein relative thereto; Thence North 89°51'58" East, along the North line of said Section 34, 980.88 feet to the True Point of Beginning, Thence continuing North 89°51' 58" East, along the North line of said Section 34, 435.60 feet; Thence South 00°08'02" East, 100.00 feet; Thence South 89°51 ' 58" West, 435.60 feet; Thence North 0O°08'02" West, 100.00 feet to the True Point of Beginning. 3 SKLD LG SKL10422 WE 2279495-1992 . 004 • • • B 1327 REC 02279495 02/28/92 15:35 $40.00 5/008 F 0831 MARY ANN FEUERSTEIN CLERK E RECORDER WELD CO, CO Parcel 3: That part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 33, Township 1 North, Range 63 West of the 6th P.M. , lying East of the Prospect Lateral Canal, more particularly described as follows: Commencing at the Northeast corner of said Section 33; Thence South, along the East side of said Section 33, a distance of 600 feet; Thence West, parallel to the North side of said Section 33, a distance of 517 feet to the centerline of the Prospect Lateral Canal; Thence along the centerline of said Prospect Lateral for description purposes North 45°00'00" East 110 feet; Thence North 8°10'00" West along the centerline of said Prospect Lateral, 590 feet to the North side of said Section 33; Thence East, along the North side of said Section 33 a distance of 533 feet to the point of Beginning. and Parcel 4: The Southwest Quarter (SW1/4 ) of the Southwest Quarter (SW1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M. Each of the four (4) parcels is also subject to an Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86, Page 273. All in Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery, and specifically including the following items. Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land • herein described, including but not limited to the following: 4 SKLD LG SKL10422 WE 2279495-1992 . 005 • Aft • B 1327 REC 02279495 02/28/92 15:35 $40.00 6/008 F 0832 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO All right to the water from the Henrylyn Irrigation District for the above property; and The water and water rights represented by the following Well Permits issued by the State Engineer and the Colorado Ground Water Commission: Final Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22, 1987, with a priority date of July 29, 1964; Final Well Permit No. 26510FP, former Permit No. 26510F, issued on May 22, 1987, with a priority date of April 18, 1954; Final Well Permit No. 31643FP, former Permit No. 14859R, issued on May 22, 1987, with a priority date of June 8, 1946; Final Well Permit No. 14860FP, former Permit No. 14860R, issued on May 22, 1987, with a priority date of May 20, 1954; Well Permit No. 85443, accepted on August 16, 1976; and Well Permit No. 63418, issued on August 21, 1972; along with any other wells and water rights used to irrigate the above properties or for domestic purposes on the above properties, and expressly including the water and water right associated with Final Well Permit No. 31542 to the extent the water and water right was used to irrigate the South One-half (S1/2) of Section 23, Township 1 North, Range 63 West of the 6th P.M. Including any and all easements and ric,hts-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; including the easement for a well, pipelines and other facilities, in the Northeast Quarter (NE1/4) of Section 27, Township 1 North, Range 63 West of the 6th P.M. pursuant to a deed recorded on June 12, 1972 in Book 669, Reception No. 1551374, which provides, in part, as follows: 5 SKLD LG SKL10422 WE 2279495-1992 . 006 LI • • B 1327 REC 02279495 02/28/92 15:35 $40 .00 7/008 F 0833 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TOGETHER with Irrigation Well No. 5945-F registered with the State Engineer of the State of Colorado, located in the NE1/4 of Section 27, Township 1 North, Range 63 West, with a right to drill a new replacement well, if needed and if approved by State Engineer in NE1/4 of said Section 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for conveying water from said well site to the above- demised land and to S1/2 SW1/4 of Section 23, Township 1 North, Range 63 West, TOGETHER with an easement for said pipelines one rod wide across said NE1/4 and across NW1/4 Sec. 26 in said Township and Range; and including all rights to the foregoing easement as described in the Quit Claim Deed recorded on June 4, 1984 in Book 1032, Reception No. 01969206; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with all right, title and interest in the foregoing property or adjacent property acquired by adverse possession, prescription, grant, gift or other claim, including, but not limited to all right, title and interest in the following property: 1. A parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half (N1/2 ) of the Southwest Quarter (SW) /4) of Section 23, Township 1 North, Range 63 West of the 6th P.M. ; 2. A parcel of land in the Northwest Quarter (NW1/4) of Section 34, Township 1 North, Range 63 West of the 6th P.M. , more particularly described as follows: Beginning at the Northwest corner of said Section 34, and considering the North line of said Section 34, as bearing North 89°51' 58" East, with all other bearings contained herein relative thereto; 6 SKLD LG SKL10422 WE 2279495-1992 . 007 • • B 1327 REC 02279495 02/28/92 15:35 $40.00 8/008 F 0834 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Thence North 89°51'58" East, along the North line of said Section 34, 980.88 feet to the True Point of Beginning, Thence continuing North 89°51 '58" East, along the North line of said Section 34, 435.60 feet; Thence South 00°08'02" East, 100.00 feet; Thence South 89°51'58" West, 435.60 feet; Thence North 00°08'02" West, 100.00 feet to the True Point of Beginning. 3. A parcel of land conveyed by deed recorded May 3, 1926 in Book 772 at Page 361, being more particularly described as follows: All the land in the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M. , which lies within the 15 foot contour line of the D. A. Lord Reservoir Number 4, as said line appears on the map and statement of said Reservoir filed and approved in the Office of the State Engineer of Colorado, on June 11, 1907, as File No. 3744; 4. A parcel of land conveyed to by deed recorded June 5, 1930, in Book 896, Page 10, being more particularly described as follows: All that portion of :he SW1/4 of the SW1/4 of Section 4 in Township 1 North, Range 63 West of the 6th P.M. lying within the Lord Reservoir No. 4 below the fifteen foot contour line as said line appears on the map and statement of said reservoir filed and approved in the office of the State Engineer of the State of Colorado, filed June 11, 1907 as File No. 3774, including a strip of land fifty feet in width above and adjoining said contour line; and 5. A Permanent Pipeline Right-Of-Way Grant, recorded on January 22, 1Q61, in Book 926, Reception No. 1847661. 7 SKLD LG SKL10422 WE 2279495-1992 . 008 2476443 8-1532 P-316 02/14/96 03:37P PG 1 OF 29 AEC DOC Weld County CO Clerk 6 Recorder 146.00 A142476443 SPECIAL WARRANTY DEED THIS DEED,Made this 13th day of February, 1996,between Eagle Peak Farms, Ltd., a Colorado limited partnership, 'grantor' and Prospect Valley Farms, Ltd.,a Colorado limited partnership,whose legal address is 1942 Broadway,Suite 506, Boulder, Colorado 80302, County of Boulder,State of Colorado, "grantee": WITNESSETH, That the grantor, for the sum of less than Five Hundred Dollars ($500.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant bargain, sell, convey, and confirm, unto the grantees, the grantees' heirs and assigns forever,all the real property, together with improvements, if any, situate,lying and being in the County of Weld, State of Colorado, described as follows: - The Property described on the attached Exhibit A which is_incorporated by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantees, the grantees' heirs and assigns forever. And the grantor, for the grantor, the grantor's successors and assigns, does covenant and agree that grantor shall WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,the grantees'heirs and assigns, against all and every person or persons claiming the whole or any part thereof,by, through or under the grantor. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Eagle Peak Farms, Ltd., a Colo limited partnership By: Cp u. ,d'--y WellAven Ketellapper, General Partner 1 1111111111ui L CI ;1 I a 11.111 SKLD LG SKL10422 WE 2476443-1996 . 001 2476443 8-1532 P-316 02/14/96 03:37P PG 2 OF 29 STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 13th day of February, 1996, by Fugle Peak Farms,Ltd.,a Colorado limited partnership,by Walraven Ketejlapper,as general partner. Witness my hand and official seal. - My commission expires: / Z ` G . 7 ly.may Notary b tc '1(1.1.113P, 2 X11➢II1i Iil tI l I li Gi II I SKLD LG SKL10422 WE 2476443-1996 . 002 , 2476443 B-1532 P-316 02/14/96 03:37P PG 3 OF 29 EICHIBIT A TO THE SPECIAL WARRANTY DEED FROM EAGLE PEAK FARMS, LTD.,A COLORADO LIMITED PARTNERSHIP TO PROSPECT VALLEY FARMS,LTD., A COLORADO LIMITED PARTNERSHIP The property included within the Special Warranty Deed shall include the following described land, water rights, easements, rights-of-way and other interests in land, buildings, and other structures,but subject to the following described limitations and restrictions on the land and water rights: FARCE!.C. - Parcel 2: The E112 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights-of-way,or other rights of access used in conjunction with the Property, ant and all growing crops, trees, shrubbery; and Together with all water and water rights, ditches and ditch rights,reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated,on, under,appurtenant to, or used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236-R, also referred to as Final Permit No. 31519-FP, Well Permit No. 235-R, also referred to as Final Permit No. 31518-FP, Well Permit No. 237-R, also referred to as Final Permit No. 31520-FP,Well Permit No. 13205, and Well Permit No. 69377,and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates,flumes,diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Prup,,aty and measuring water used on the Property, and specifically including, (A)the pipeline for irrigation water as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents recorded at Book 1028,Reception No. 01965008, Book 570, Reception No. 1491695, and Book 3 19�E119E11161f lf, 11 I - 3 1 1 t h SKLD LG SKL10422 WE 2476443-1996 . 003 • 2476443 B-1532 P-316 02/14/96 03:37P PG 4 OF 29 1057, Reception No.01997476, in the offices of the Weld County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, and March 5, 1970 in Book 621 as Reception No. 1543408, and any applicable amendments;and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment;and Together with all minerals of whatever kind or character,including but not limited to, all oil and gas and constituents thereof,gravel,sand and coal,in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch,as Lessors and Donald I. Foster, as Lessee, for a primary term of two years,dated October 25, 1980,and recorded October 30, 1980 in Book 918 as Reception No. 1840202,and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 3842-106, C.R.S.,by Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil and Gas Lease dated November 21, 1980 and signed by William C. Busch and Sally R.Busch and Robert J. Busch and Rubi L. Busch,and the Extension of Oil and Gas Lease dated February 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert L Busch and Rubi L. Busch; except for an undivided one-half interest in all oil,gas and minerals underlying the El/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a deed recorded in Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk and Recorder. The Property is subject to the foregoing and the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) 2. Reservations of(1)right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects NE1/4 Section 30) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 4. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles,cross arms,cables,wires, guys, supports, fixtures 4 -`11110Ii11111MI[ . I.I T T I IIII SKLD LG SKL10422 WE 2476443-1996. 004 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 5 OF 29 and devices,as granted to the United States of America by Allen G. Abbott, in the instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the following described pruperty: Beginning at a point on the West line of said NE1/4, Section 30, being 1421 feet South of the North quarter-corner of said Section 30;thence S89°57'E a distance of 2717.3 feet, more or less, to a point on the East line of said NEI/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described centerline. _ 5. Easement and right of way for the delivery of water,as granted to William H. Bell and Carol C. Bell by Eagle Peak Farms, Ltd., a Colorado limited partnership, recorded June 23, 1995 in Book 1498 as Reception No. 2443834, affecting the following described property: West 30 feet of the E1/2 of Section 30. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705;Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757;and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300. PARCEL D. Parcel 1: All that part of Section 27, Township 1 North, Range 63 West of the 6th P.M.,Weld County,Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation District by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27, running thence East along the North line of said Section for a distance of 82O feet, thence South 1060 feet, thence West 820 feet,thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. 5 7R�61B11Ilil(I l I I ,I J I f I I SKLD LG SKL10422 WE 2476443-1996 . 005 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 6 OF 29 Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to,'any and all futures, all other homes and buildings,mobile homes,barns, fences, any and all easements, rights-of-way, or other rights of amiss used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated,on, under,appurtenant to, or used on the lands herein described, including but not limited to the following: The water rights represented by Well Permit No. 12123-FP(former Permit No. 12123-R),Well Permit No. 12124-FP(former Permit No. 12124-R), the Carder- _ Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 15, 1953 in Book 1352 at Page 249(Affects Section 27); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes,diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character owned by the grantor, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands now owned or hereafter acquired; and Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder and Vester Carder and W. H. Bright and John D. Bright, as recorded on January 20, 1940 in Book 1056 at Page 119. The Property is subject to the following restrictions and limitations: 6 �IIJIJIllll�llll� I:I II I I I III SKLD LG SKL10422 WE 2476443-1996. 006 2476443 8-1532 P-316 02/14/96 03:37P PG 7 OF 29 1. Rights of way for County Roads thirty(30)feet wide on each side of Section and Township lines,anstablished by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Reservations by the Union Pacific Land Company of(1) all oil, coal and other minerals underlying subject pit pc ty, (2)the exclusive right to prospect for, mine and remove oil,coal and other minerals,and(3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. 3. Easement and right of way for construction, use and maintenance of an irrigation ditch,and ingress and egress and regress, from ditch and pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrument recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Page 249,of said deeds,in which the specific location of the easement is not defined. 4. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 5. Easement and right of way to construct, operate and maintain an electric transmission line,as granted to the United States of America by Vester Carder and Lucile Carder, Keenesburg, Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437,affecting the following described property: The South half of the Northwest quarter, and that part of the Northeast quarter lying North and West of Prospect Lateral,Section 27,Township 1 North,Range 63 West of the 6th P.M. The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said S1/2 NW1/4, Section 27, being 1463 feet South of the Northwest corner of said Section 27; thence South 89°54' East a distance of 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69°39' West 4226 feet. Said easement being 37.5 feet on either side of the centerline. 6. The property is also subject to the following easements, the precise location of which is not specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; 7 =ItI III II 11 1 I IIII _ SKLD LG SKL10422 WE 2476443-1996. 007 2476443 B-1532 P-316 02/14/96 03:37P PG 8 OF 29 (d) Public Service Company of Colorado,recorded November 9, 1981 in Book 952 as Reception No. 1874084; (e) Western Slope Gas Company,recorded March 9, 1983 in Book 990 as Reception No. 1919757;and (0 Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. 7. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as Reception No. 02398575. 8. Terms,agreements,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd.,a Colorado Limited Partnership and Union Pacific Resources Company recorded August 1, 1994 in Book 1453 as Reception No. 2400222. 9. Right of way, whether in fee or easement only, for a pipeline and appurtenances, as granted to Amoco Pipeline company, a Maine Corporation by Eagle Peak Farms,Ltd.,a Colorado Limited Partnership,recorded December 8, 1995 in book 1521 as Reception No. 2466831,as more particularly described in said instrument. PARCEL F• Parcel 1: All of the North Half(N1/2)of Section 23,Township I North, Range 63 West of the 6th P.M.,Weld County, Colorado. EXCEPTING therefrom a parcel of land as conveyed to Weld County by Deed recorded June 27, 1922 in Book 622 at Page 443; ALSO EXCEPTING therefrom a parcel of land as conveyed to the State Department of Highways, Division of Highways, State of Colorado by deed recorded August 30, 1990 in Book 1274 as Reception No. 02225396 and Corrective Deed recorded December 26, 1990 in Book 1285 as Reception No. 02236724. Parcel 2: The North 16-1/2 feet of the Southeast Quarter (SE1/4) of Section 22, Township 1 North, Range 63 West of the 6th P.M.,Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings,mobile homes,barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and 8 Alllll0�uItIt11[ II I I IIlI] SKLD LG SKL10422 WE 2476443-1996. 008 2476443 B-1532 P-316 02/14/96 03:37P PG 9 OF 29 Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights,wells and well rights,both tributary and non-tributary and designated and non-designated, on, under,appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by irrigation well Permit No. 31526-FP (former Permit No. 4477-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4477, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382 by the Findings and Decree dated March 26, 1971,and by irrigation well Permit No. 31527-FP(former Permit No. 4478-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No.4478, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382,by the Findings and Decree dated March 26, 1971, and by small capacity well Permit No. 76464; All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property, and specifically including without limitation: The License foran eight-inch(8')aluminum irrigation pipe across the county road existing between Sections 22 and 23,Township 1 North,Range 63 West of the 6th P.M., Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (SEI/4) of said Section 22 to the Southwest Corner of the Northwest Quarter(NW 1/4)of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonard Baumgartner,and as conveyed to Dave and Creta J. Baumgartner by the Warranty Deed in Joint Tenancy recorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said license is stated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and including without limitation, all well pumps, motors and irrigation equipment; 9 1&Ilifl®hI II llII I1 LI L 1 I Jill SKLD LG SKL10422 WE 2476443-1996. 009 • 2476443 B-1532 2-316 02/14/96 03:37P PG 10 OF 29 Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel,sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. The property is subject to the following limitations and restrictions: 1. Mineral Deed and Royalty Conveyance from Ben H. Bregg and Artie P. Gregg to Ben H. Gregg,Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904, Weld County Records, conveying an undivided 2/12 interest in and to all of the oil,gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 2. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg recorded April 28, 1966 in Book 566, under Reception No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 3. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Book 664, under Reception Number 1586146,Weld County Records,conveying all interest in and to all of the oil,gas(gas, casinghead gas,distillate, condensate, helium and all other gaseous substances) & associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest being reconveyed to Union Pacific Land Resources Corporation in Quit Claim Deed recorded on June 6, 1977 in Book 799 under Reception No. 1720995,Weld County Records. (Parcel 1) 4. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Weld County Records. (Parcel 1) 5. Oil and gas lease executed by Champlin Petroleum Company, as lessor, and Amoco Production Company,as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594, Weld County Records. (Parcel 1) 6. Quit Claim of Right of Way and Surface Lease granted to Snyder Operating Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Parcel 1) Estoppel of Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No.221215. 10 nI�I1lIIIIIIElll6 Id is I IIII SKLD LG SKL10422 WE 2476443-1996 . 010 2476443 'B-1532 P-316 02/14/96 03:37P PG 11 OF 29 7. Right of Way for county toads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. 8. A Condition contained in the United States Patent recorded July 3, 1902 in Book 201,at Page 60,Weld County Records, which states as follows: "Yet excluding and excepting from the transfer,by these presents, 'All mineral Lands' should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the statute, 'shall not be construed to include coal and iron land'.' (Parcel I) 9. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: 'EXCEPTING AND RESERVING: FIRST: All coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and upon said land for coal and other minerals, therein or which may be supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress,egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or nerescary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto,or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction or method of operation of said railroad and to make any change in the form of construction or method of operation of said Railroad.' (Parcel 1) 10. Deed fora 70 foot road on the West side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428, Weld County Records. Said strip of land conveyed in Deed to Weld County recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel I) 11. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records,which states as follows: 'Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a 11 �ll�®N1iI Ill ll IJ � SKLD LG SKL10422 WE 2476443-1996 . 011 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 12 OF 29 right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel2) 12. Reservation of an undivided one-half of all oil, gas, and minerals underlying subject property,as reserved by The Federal Land Bank of Wichita, in instrument recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Parcel 2) 13. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to Mark P. Gregg, Ben H. Gregg,Jr. and Jane G. Wallower, dated December 22, 1950,and recorded January 5, 1951 in Book 1291, at page 62 of the Weld County Records,conveying an undivided 3/4 interest in and to all of the oil, gas,and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 14. Oil and gas lease dated December 18, 1981 executed by Dave Baumgartner and Creta Baumgartner,as lessor, and Centennial Petroleum, Inc.,as lessee, recorded January 6, 1982 in Book 958, under Reception Number 1879090, Weld County Records, for a primary term of Two(2) years, and as long thereafter as oil, gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 2) 15. Terms,agreements,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded September 2, 1992 in Book 1349 as Reception No.02302142. (Affects Parcel 1) 16. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Eagle Peak Farms, Ltd., and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677. (Affects Parcel 1) 17. Easement and right of way for pipeline and other appurtenances, as granted to Snyder Oil Corporation by Eagle Peak Farms, Ltd., in the instrument recorded April 23, 1993 in Book 1380 as Reception No. 02330230, the location of which is shown in the map attached to said instrument. (Affects Parcel I) 18. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as reception No. 02398575. (Affects Parcel 1) 12 1111.91®II1U9111L 11 ii I I I II II SKLD LG SKL10422 WE 2476443-1996 . 012 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 13 OF 29 19. Terms,agreements,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded July 25, 1994 in Book 1452 as Reception No. 02398961. (Affects Parcel 1) The following general notices of underground facilities have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company,recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL G. Lot B of Recorded Exemption No. 1477-09-2RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469,being a part of the NW 1/4 of Section 9,Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings,mobile homes,barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property,any and all growing crops, trees, and shrubbery; and Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights,both tributary and non-tributary and designated and non-designated, on, under, appurtenant to,or used on the land herein described, including but not limited to the following: the water rights represented by Final Permit No. 31595-FP (formerly Permit No. 11587- R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. 13 - 1■IIu1IIIIIGIIII II d I 1 I III SKLD LG SKL10422 WE 2476443-1996 . 013 • • 2476443 'B-1532 P-316 02/14/96 03:37P PG 14 OF 29 Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and right-of way on, across and under the Southwest Quarter(SW I/4)of Section 9,Township 1 North, Range 63 West of the 6th P.M.,as reserved unto John W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-115878 (now Final Permit No. 31595-FP), together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well, the underground pipeline from said well, which supplies water from said well to the Northwest Quarter(NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., subject to provisions set out in above mentioned Warranty Deed; and including all headgates, flumes,diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; and Together with any and all personal property,fixtures and other items used in conjunction with or associated with the foregoing prola-ay, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with the reservations and exceptions from the conveyance from Eagle Peak Farms, Ltd., a Colorado limited partnership,to William F.Kramer and Wanda P. Kramer by a Warranty Deed dated November 12, 1993, and recorded on November 15, 1993, as Book 1412, Reception No. 02359735, of the books and records of the Weld County Clerk and Recorder, pertaining to the following described land: Lot A of Recorded Exemption No. 1477-09-2RE1514,-recorded October 18, 1993 in Book 1407 as Reception No. 02355469, being a part of the NW 1/4 of Section 9,Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. The reservations and exceptions are more particularly described as follows: Al water and water rights,ditches and ditch rights,reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated,on, under, appurtenant to,or used on the following described land, which is hereinafter referred to as "the Property", which is described as the Northwest Quarter(NW 1/4)of Section 9,Township 1 North,Range 63 West of the 6th P.M., except the land described as Lot A above, including but not limited to the following: 14 I��BI�II�III�IIII LI I: 1 I I ill - SKLD LG SKL10422 WE 2476443-1996 . 014 2476443 S-1532 P-316 02/14/96 03:37P PG 15 OF 29 The water rights represented by Final Permit No. 31595-FP(formerly Permit No. 11587- R)issued by the Colorado Ground Water Commission;and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the Property. Including any and all easements and rights-of-way associated with the water and water rights,including,but not limited to, easements and rights-of-way for the carriage of water to the Prupwty, discharge of water from the Property, and storage of water off of the Property;and specifically including the irrigation well and easement and right-of way on, across and under the Southwest Quarter(SW 1/4)of Section 9, Township I North, Range 63 West of the 6th P.M.,as reserved unto John W. Meyers,Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587(now Final Permit No. 31595- FP), together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter(NWl/4)of Section 9,Township 1 North, Range 63 West of the 6th P.M., and is further set forth in said Warranty Deed; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the Property, and specifically including all well pumps and irrigation equipment. Grantor further reserves and excepts from this conveyance a right-of-way and easement on and across the land conveyed by this Deed for ingress and egress to the Property. The land conveyed by this Deed may be traversed with vehicles of any type or description for the use and benefit of the Property. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Right of way and easement for"Enlargement of The D.A. Ford Reservoir No.4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and NEI/4 of NW1/4, Section 9, Township 1 North, Range 63 West of the 6th P.M. (with other lands). 15 SKLD LG SKL10422 WE 2476443-1996 . 015 2476443 B-1532 P-316 02/14/96 03:37P PG 16 OF 29 3. Reservations by the Union Pacific Railroad Company of(1)all oil,coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil,coal and other minerals,and(3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128,and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington&Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spyr track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North,Range 63 West of the 6th P.M., and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the Wl/2 of the NEI/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin,in the instrument recorded March 25, 1931 in Book 911 at Page 64,affecting the following described property: A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the Nl/2, Section 9, Township 1 North, Range 63 West of the 6th P.M. 6. Terms,agreements,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. 02288934. 7. A 30 feet wide arrres, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. PARCEL IF The West One-Half(W1/2)of Section 35,Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado. 16 NIUEIIIiiIIif ii f J 1 II 1 SKLD LG SKL10422 WE 2476443-1996. 016 2476443 B-1532 P-316 02/14/96 03:37P PG 17 OF 29 Together with all and singular, the hereditarnents and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, anyand all easements,rights-of-way,or other rights of access used in conjunction with the Property,any and all growing crops, trees, and shrubbery; and Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights,both tributary and non-tributary and designated and non-designated,on, under, appurtenant to, or used on the lands herein described,including but not limited to the following: the water rights represented by Well Permit Nos. 1771-FP (formerly 1771-R), 1772-FP(formerly 1772-R), 1773-FP(formerly 1773-R)and 1774-FP(formerly 1774-R); and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; Together with all minerals of whatever kind or character, now owned or hereafter acquired, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Reservation of right of way for any ditches or canals constructed by authority of the United States,in U.S. Patent recorded September 12, 1916 in Book 385 at page 185. 17 !UBemu WIlL I i T - I IIH SKLD LG SKL10422 WE 2476443-1996. 017 . 2476443 B-1532 P-316 02/14/96 03:37P PG 18 OF 29 3. Easement and right of way for an electric transmission line and other appurtenances,granted to the United States of Ameaicaby The Weicker Investment Company,a Colorado Corporation by instrument recorded December 6, 1944 in Book 1145 at Page 353, in which the specific location of the easement is not defined. (Affects the NW 1/4 NW 1/4 of Section 35) 4. Easement and right of way for a right of way 60 feet in width located in the SW1/4SW1/4 Section 35,Township 2 North, Range 63 West, granted to Phillips Petroleum Company by Weicker Investment Company by instrument recorded March 24, 1975 in Book 735 as Reception No. 1656542, in which the specific location of the easement is not defined. (Affects the SW 1/4 SW 1/4 of Section 35) _ 5. Oil and gas lease between Eagle Peak Farms,Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. PARCEL Parcel l: The N1/2 of the NEl/4 and the SW 1/4 of the NEl/4 of Section 32, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPT the East 15 feet of the SW 1/4 of the NEl/4 thereof. Parcel 2: The Sl/2 of Section 33,Township 2 North, Range 63 West of the 6th P.M., in Weld County,Colorado Parcel 3: The NE1/4,the WI/2 of the SE1/4 and the SEI/4 of the NW 1/4 of Section 4, Township 1 North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPTING THEREFROM a parcel of land conveyed by deed recorded September 2, 1948 in Book 1233 at Page 516, described as follows: BEGINNING at a point 47.6 feet East and 30 feet South of the Northwest Corner of said NEl/4 of said Section 4, said point being the intersection of South boundary line of County Road and East right of way line of the Chicago, Burlington&Quincy Railroad; thence N88°54'E on said South boundary line of said County Road, 110.02 feet to a point; thence South parallel with said Fast right of way line of said Railroad, 1121.7 feet to a point; thence 551°55'W, 139.75 feet to a point on said East right of way line of said Railroad; thence North on said East right of way line of said Railroad 1210.0 feet to the POINT OF BEGINNING. 18 lifIRIN111111.11;(1 1.1 I 1 I 1 IIT SKLD LG SKL10422 WE 2476443-1996 . 018 • 2476443 B-1532 P-316 02/14/96 03:37P PG 19 OF 29 EXCEPTING THEREFROM parcels of land as conveyed by deeds recorded in Book 779 at Pages 231, 246 and 389. And specifically including, but not limited to, a parcel of land located in the Northeast Quarter (NE1/4)of the Northeast Quarter(NE1/4)of Section 4,Township 1 North, Range 63 West of the 6th P.M.,which parcel is more particularly described as follows: A 10 foot by 10 foot tract of which the Northeast corner thereof lies 206 feet South and 54 feet West of the Northeast corner of Section 4,Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with the easement and right of way associated with said parcel,all of which is set forth in the Easement recorded March 22, 1984 in Book 1024, Reception No. 1960174 with the Clerk and Recorder of Weld County. Together with all and singular,the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, specifically including, but not limited to, all right and interest in the Agreement dated June 7, 1951 between Frank A. Neill and Rispah A. Neill, Clarence O. Byrnes and Annie Faye Byrnes, and H. E. Crow, recorded August 13, 1951 in Book 1309, Page 220, Reception No. 1112303 with the Clerk and Recorder of Weld County, and the Agreement dated June 7, 1951 between Clarence O. Byrnes and Annie Faye Byrnes,and H. E. Crow,recorded August 13, 1951 in Book 1309,Page 224,Reception No. 1112304 with the Clerk and Recorder of Weld County; and any and all growing crops,trees, and shrubbery; and Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or presently used on the land herein described, including but not limited to the following: The water rights represented by Final Permit No. 31654-FP, formerly Well Permit No. 16248-R; the water rights represented by Final Permit No. 31653-FP, formerly Well Permit No. 16247-R; the water rights represented by Final Permit No. 31652-FP, formerly Well Permit No. 16246-R; the water rights represented by Final Permit No. 31612-FP, formerly Well Permit No. 12315-R; the water rights r •w.rated by Final Permit No. 31536-FP,foriasly Well Permit No. 4548- R;the water rights represented by Final Permit No. 1730FP, formerly Well Permit No. R-1730; the water rights represented by Final Permit No. 1731FP, formerly Well Permit No. R-1731; The water rights represented by the small rapacity, domestic wells designated by Permit Nos. 17940,2598 and 22455, and the additional, small capacity,domestic 19 -ElliIMITUITT I -Imllf SKLD LG SKL10422 WE 2476443-1996 . 019 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 20 OF 29 well located on the Parcel 2 described above, and the additional, small capacity, domestic well locate(on the Parcel 3 described above; and AB interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including,but not limited to,an easement approximately twenty(20) feet in width for a pipeline and ditch from the well designated by Final Permit No. 31612-FP(formerly Permit No. 12315-R),which is located in the Northwest Quarter(NWI/4)of the Southeast Quarter(SEl/4) of Section 33,Township 2 North, Range 63 West of the 6th P.M. to the North Half(NI/2)of the Northeast Quarter(NEI/4)and Southwest Quarter(SW 1/4)of the Northeast Quarter(NE1/4)of Section 32,Township 2 North, Range 63 West of the 6th P.M., which easement is approximately described as follows: Beginning at a point near the Northwest corner of the Southwest Quarter(S W1/4) 1/4) of Section 33,Township 2 North, Range 63 West of the 6th P.M., then West into the Northeast Quarter(NEl/4)of the Southeast Quarter (SEI/4) of Section 32, Township 2 North,Range 63 West of the 6th P.M., then North into the Southeast Quarter (SEI/4) of the Northeast Quarter (NE1/4) of Section 32, Township 2 North,Range 63 West of the 6th P.M.,and parallel to the East section line of said Section 32 and West of Weld County Road 65, to a point near the East quarter corner of the Northeast Quarter(NE1/4)of said Section 32, which point is located on the East-West centerline of the Northeast Quarter(NE1/4)of said Section 32. The approximate location of the easement is marked as "A" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; And also specifically including, but not limited to, two easements approximately twenty (20)feet in width for a pipeline and ditch from the well designated by Final Permit No. 31654-FP (formerly Permit No. 16248-R), which is located in the Northeast Quarter (NEI/4) of the Northeast Quarter(NEl/4)of Section 4,Township I North,Range 63 West of the 6th P.M.,to the South Half(S1/2)of Section 33,Township 2 North, Range 63 West of the 6th P.M.; and one easement is approximately described as follows: The easement is across Weld County Road 14 and located at a point beginning West approximately 300 feet from the Northeast corner of the Northeast Quarter (NEl/4)of Section 4,Township 1 North, Range 63 West of the 6th P.M., thence approximately 100 feet North. The approximate location of the easement is marked as "B"on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; 20 -- , I T 1 II SKLD LG SKL10422 WE 2476443-1996 . 020 2476443 B-1532 P-316 02/14/96 03:37P PG 21 OF 29 and the other easement is approximately described as follows: The easement crosses Weld County Road 67 and is located at a point beginning South approximately 300 feet from the Northeast corner of the Northeast Quarter (NE1/4)of Section 4,Township I North, Range 63 West of the 6th P.M., thence East approximately 100 feet into the Northwest Quarter (NW1/4) of Section 3, Township 1 North, Range 63 West of the 6th P.M., thence North approximately 250 feet,thence East approximately 200 feet, thence North approximately 300 feet into the Southwest Quarter(SW 1/4)of Section 34,Township 2 North, Range 63 West of the 6th P.M., thence Northwest approximately 400 feet, thence North approximately 1450 feet, thence Northwest approximately 100 feet across Weld County Road 67 to the South Half(51/2)of Section 33,Township 2 North, Range 63 West of the 6th P.M. The approximate location of the easement is marked as 'C" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; and including all headgates, flumes,diversion structures and measuring structures,pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment;and Together with all minerals of whatever kind or character, including but not limited to,all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired by the Grantor, subject to the restrictions and limitations hereinafter described. Any and all water and water rights associated with Final Permit Nos. 31572-FP(formerly Permit No. 10046-R) and 31573-FP(formerly Permit No. 10047R), which wells are permitted under the name of Julius A. Pluss, located in the Northeast Quarter(NE114)of the Southwest Quarter(SW 1/4)of Section 4,Township 1 North,Range 63 West of the 6th P.M.,and permitted to irrigate land including part of the Northwest Quarter(NW1/4)of Section 4, Township 1 North, Range 63 West of the 6th P.M. The pwpcdy is subject to the following restrictions and limitations: I. Rights of way for County Roads thirty (30) feet wide on each side of section and township lines,as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, 21 I0�II�IIIILIHI IJd J 11111 SKLD LG SKL10422 WE 2476443-1996. 021 2476443 B-1532 P-316 02/14/96 03:37P PG 22 OF 29 2. Reservations made by the Union Pacific Railway Company in deed recorded September 30, 1907 in Book 233 at Page 117, and any and all assignments thereof or interests therein, providing substantially as follows: Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prusjnt and mine same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same. (Affects S1/2 of Section 33) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded June 25, 1915 in Book 385 at Page 115(Affects SE1/4 NWI/4,NWI/4 SEt/4, SWl/4 NE1/4 and Lot 4 of Section 4); recorded October 27, 1920 in Book 460 at Page 132 (Affects SE1/4 NW I/4, lot 3 of Section 4);' recorded November 24, 1928 in Book 677 at Page 209(Affects N1/2 NEI/4 and SW 1/4 NEI/4 Section 32);recorded December 5, 1919 in Book 507 at Page 467(Affects SW l/4 SE1/4 Section 4) 4. Right of way for the Low Line Lateral as granted to the Henrylyn Irrigation District by Deed recorded November 23, 1926 in Book 814 at Page 157. (Affects S1/2 Section 33) 5. Terms,agreements, provisions, conditions and obligations as contained in Agreement by and between Frank A. Neill, Rispah A. Neill, Clarence O. Byrnes,Annie Faye Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 220. (Affects Wl/2 NEI/4 and NEI/4 NE1/4 Section 32) 6. Terms,agreements,provisions, conditions and obligations as contained in Agreement by and between Clarence O. Byrnes, Annie Fay Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 224. (Affects W1/2 NE1/4 and NEI/4 NE1/4 Section 32) 7. An undivided 'h interest in and to all of the oil, gas, coal and other minerals in and under and that may be produced from the above described land, together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said land for oil, gas, coal and other minerals and removing the same therefrom,as reserved by Clarence O. Byrnes and Annie Faye Byrnes in the Deed recorded November 28, 1951 in Book 1317 at Page 585, and any interests therein or rights thereunder. (Affects W I/2 NE1/4 and NE1/4 NEl/4, Section 32) 22 SKLD LG SKL10422 WE 2476443-1996 . 022 2476443 B-1532 P-316 02/14/96 03:37P PG 23 OF 29 8. An undivided 1/4 interest in and to the minerals of every kind and nature in and under said lands, subject to the rights of ingress and egress at all times for the purpose of mining and removing the same therefrom as reserved by Ethel R.Bobbin in the Deed recorded January 4, 1952 in Book 1320 at Page 218, and any interest therein or rights thereunder. (Affects W1/2 NE1/4 and NEI/4 NE1/4 Section 32) 9. Seasonal Irrigation Well Power Contract, between H. W. Young and Morgan County Rural Electric Association, recorded Pebruary 16, 1955 in Book 1412 at Page 8 and in Book 1412 at Page 10. (Affects SEl/4 Section 33) 10. The Mineral Estate(including all oil and gas rights)and the right of ingress and egress therefrom and the right of removal therefrom, as reserved by Roberta Hawn in the Deed recorded January 2, 1968 in Book 589 as Reception No. 1511424, and any interests therein or rights thereunder. (Affects WI/2 NE1/4 and the SWl/4 NW1/4, and NW1/4 SE1/4 and SWI/4 SE1/4 Section 4) 11. An undivided 'h interest in and to all oil, gas and other minerals in and under the surface of said land, with the right of ingress and egress to prospect for and remove the same as reserved by Theodore Zimbelman and Esther A. Zimbelman in the Deed recorded November 6, 1969 in Book 617 as Reception No. 15339015, and any interest therein or rights thereunder. (Affects EI/2 NEI/4 Section 4) 12. Right of way to lay, maintain, inspect, replace, erect, operate and remove a pipe line or pipe lines as granted to Phillips Petroleum Company by instrument dated September 20, 1974, recorded October 8, 1974 in Book 724 as Reception No. 1646291. (Affects NEI/4 and Wl/2 SE1/4 of Section 4) 13. Right of Way easement 16.5 feet wide to construct, operate, maintain and remove communication and other facilities as granted to The Mountain States Telephone and Telegraph Company by instrument dated October 25, 1974, recorded November 11, 1974 in Book 726 as Reception No. 1648284,over and across the following described property: The South 16.5 feet of the North 46.5 feet of the N1/2 of the NEI/4 of Section 32,Township 2 North,Range 63 West of the 6th P.M., which strip is South of,parallel to,and abutting the South Right of Way line of County Road Number 16. 23 MUM IIWill If. I T I1IIl SKLD LG SKL10422 WE 2.476443-1996 . 023 2476443' 8-1532 P-316 02/14/96 03:37P PG 24 OF 29 14. All of the coal,oil,gas,casinghead gas and all ores and minerals of every kind and nature underlying the surface of the realty herein conveyed, together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on the surface of the realty herein conveyed, as reserved by Burlington Northern Inc., successor in interest to Chicago, Burlington & Quincy Railroad Company, in Deed recorded June 12, 1981 in Book 938 as Reception No. 1860423,and any and all assignments thereof or interests therein. (Affects the Easterly 'h of Burlington Northern Inc.'s 100-foot wide Tampa Beet Spur right of way,now removed, lying within the SEl/4 of Section 4,Township 1 North, Range 63 West of the 6th P.M.;also, all of the 100-foot wide right of way, being 50 feet wide on each side of the track center line of Burlington Northern Inc.'s Tampa Beet Spur right of way, now removed, lying within the S1/2 of Section 33, Township 2 North, Range 63 West of the 6th P.M.) 15. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393564, and any interests therein or rights thereunder. (Affects Parcel 3) 16. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. (Affects Parcel 1) 17. General notices of underground facilities pursuant to Section 9-1.5-103, C.R.S. (a) Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company,recorded March 9, 1983 in Book 990 as Reception No. 1919757. (f)Western Gas Supply Company,r- riled April 2, 1985 in Book 1063 as Reception No. 2004300. 24 1Mrllll li u F t i I I 7 I f I I I SKLD LG SKL10422 WE 2476443-1996 . 024 • 2476443 B-1532 P-316 02/14/96 03:37P PG 25 OF 29 PARCEL Parcel 1: The North Half(N1/2)of the Southwest 1/4(SW 1/4)of Section 23,Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado,excepting therefrom a parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428,being more particularly described as follows: The West 70 feet of the North One-half(N1/2)of the Southwest Quarter(SW 1/4)of Section 23, Township 1 North, Range 63 West of the 6th P.M.; and including a part of the Southeast Quarter(SE1/4)of Section 23,Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter(SEl/4); Thence North 89°38'54" West along said North line a distance of 1382:86 feet to the center of Section 23; Thence South 00°17'11"West along the West line of said Southeast Quarter (SE1/4) a distance of 2640.48 feet to the South Quarter (S1/4)corner of said Section 23; Thence South 89°29'25"East along the South line of said Southeast Quarter (SEI/4) a distance of 102.00 feet to the True Point of Beginning; which parcel contains 61.242 acres more or less; Together with a non-exclusive common access road easement, which may be used by persons and vehicles of any type and description and at any time for any purposes associated with the use of the foregoing property,and which is described 25 if Ii , --1 I 1 , I I SKLD LG SKL10422 WE 2476443-1996. 025 2476443 B-1532 P-316 02/14/96 03:37P PG 26 OF 29 as that part of the Southeast Quarter (SEl/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SEI/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter(SE1/4); Thence South 89°38'54" East along said North line a distance of 34.86 feet; Thence South 30°16'42" East a distance of 313.79 feet; Thence South 54°21'45" East a distance of 349.33 feet; Thence South 06°15'18" East a distance of 193.93 feet; Thence South 29°29'28" West a distance of 457.39 feet; Thence South 41°37'17" West a distance of 466.49 feet; Thence South 89°52'16"West a distance of 695.90 feet; Thence South 00°58'18" West a distance of 280.18 feet; Thence South 40°48'48" West a distance of 82.71 feet; Thence South 55°13'29" West a distance of 354.95 feet; Thence South 38°58'24" West a distance of 287.47 feet; Thence South 00°00'26" West a distance of 448.53 feet to said South line of the Southeast Quarter(SEl/4); Thence North 89°29'25" West along said South line a distance of 30.00 feet to the True Point of Beginning. And subject to (I) the reservations and exceptions contained in a Deed recorded on September 19, 1908, in Book 233,Page 164;and(2)an easement and right of way on the South 30 feet thereof for Weld County Road 6; 26 Ilk II T [ III I SKLD LG SKL10422 WE 2476443-1996 . 026 • • 2476443 8-1532 P-316 02/14/96 03:37P PG 27 OF 29 (3) Bowles Reservoir, and any and all rights of way therefore, as evidenced by Map and Statement filed January 6, 1913 as Filing No. 184082(Affects S112SE1/4 of Parcel 1); (4) Scrafford Ditch, and any and all rights of way therefore, as evidenced by instrument filed in the office of Clerk and Recorder for Weld County (Affects NW1/4SEl/4, Sl/2SE1/4, and NEI/4SW1/4 of Parcel I); (5) Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement by and between Eagle Peak Farms, LW. and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677; (6) Terms, agreements, provisions, conditions and obligations as contained in Surface Damage Agreement between Eagle Peak Farms, Ltd. and Snyder Oil Corporation as evidenced by Memorandum recorded July 21, 1994 in Book 1451 as Reception No. 02398575. The parcel is also subject to an Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86, Page 273. All in Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings,mobile homes,barns, fences,any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery, and specifically including the following items. Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights,wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to,or used on the land herein described, including but not limited to the following: All right to the water from the Henrylyn Irrigation District for the above property; and The water and water rights represented by the following Well Permits issued by the State Engineer and the Colorado Ground Water Commission: Final Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22, 1987, with a priority date of July 29, 1964; 27 WWII Hill I I T I f III SKLD LG SKL10422 WE 2476443-1996 . 027 • 2476443 8-1532 P-316 02/14/96 03:37P PG 28 OF 29 Final Well Permit No. 31643FP, former Permit No. 14859R, issued on May 22, 1987, with a priority date of June 8, 1946; Final Well Permit No. 14860FP, former Permit No. 14860R,issued on May 22, 1987, with a priority date of May 20, 1954; Well Permit No. 85443, accepted on August 16, 1976; and Well Permit No. 63418, issued on August 21, 1972; along with any other wells and water rights used to irrigate the above properties or for domestic purposes on the above properties, and expressly including the water and water right associated with Final Well Permit No. 31542 to the extent the water and water right was used to irrigate the South One-half(S1/2)of Section 23, Township 1 North, Range 63 West of the 6th P.M. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates,flumes,diversion structures and measuring structures, pumps, meters and other ptup..rty used in delivering water to the!howdy and measuring water used on the Property; including the easement for a well,pipelines and other facilities, in the Northeast Quarter(NE1/4) of Section 27,Township 1 North, Range 63 West of the 6th P.M. pursuant to a deed recorded on June 12, 1972 in Book 669, Reception No. 1551374, which provides,in part, as follows: TOGETHER with Irrigation Well No. 5945-F registered with the State Engineer of the State of Colorado, located in the NE1/4 of Section 27,Township 1 North, Range 63 West, with a right to drill a new replacement well, if needed and if approved by State Engineer in NEl/4 of said Section 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for conveying water from said well site to the above-demised land and to S1/2 SW1/4 1/4 of Section 23,Township I North,Range 63 West,TOGETHER with an easement for said pipelines one rod wide across said NEl/4 and across NW I/4 Sec. 26 in said Township and Range; and including all rights to the foregoing easement as described in the Quit Claim Deed recorded on June 4, 1984 in Book 1032, Reception No. 01969206; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and 28 Q�I'',1111�.CIl [ Il T I IF SKLD LG SKL10422 WE 2476443-1996 . 028 2476443 0-1532 P-316 02/14/96 03:37P PG 29 OF 29 Together with all minerals of whatever kind or character,including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal, in, under and upon or that might be produced .- from the described lands, now owned or hereafter acquired. Together with all right, title and interest in the foregoing property or adjacent property acquired by adverse possession, prescription, grant, gift or other claim, including, but not limited to all right, title and interest in the following pup-Ay: 1. A parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half(N1/2)of the Southwest Quarter(SWI/4) of Section 23,Township 1 North, Range 63 West of the 6th P.M.; 2. A parcel of land in the Northwest Quarter(NW1/4)of Section 34, Township 1 North, Range 63 West of the 6th P.M., more particularly described as follows: Beginning at the Northwest corner of said Section 34,and considering the North line of said Section 34,as bearing North 89°51'58" East, with all other bearings contained herein relative thereto; Thence North 89° 5l'58" East, along the North line of said Section 34,980.88 feet to the True Point of Beginning, Thence continuing North 89°51'58" East, along the North line of said Section 34, 435.60 feet; Thence South 00°08'02" Fast, 100.00 feet; Thence South 89°51'58" West, 435.60 feet; Thence North 0008'02" West, 100.00 feet to the True Point of Beginning. 3. A Permanent Pipeline Right-Of-Way Grant, recorded on January 22, 1981, in Book 926, Reception No. 1847661. 4. A two-story white clapboard Ranch House situated on a portion of the South Half (S1/2)of the Southwest Quarter(SW 1/4)of Section 23,Township 1 North, Range 63 West of the 6th P.M.; Exclusive of ground on which house is placed. 29 [1 I I .IIII SKLD LG SKL10422 WE 2476443-1996. 029 ' I IICH 11111111111111111 IIII lilt 11111 11111 IIII Iill 3200614 07/20/2004 05:06P Weld County, CO 1 of 7 R 36.00 D 4.18 Steve Moreno Clerk&Recorder Warranty Deed (Parcel L-IA and L-IB) This Deed,made this Ali-- day of July,2004,between Prospect Valley Farms, Ltd., a Colorado limited partnership,as grantor("Grantor"), and PV Water Holdings LLC, a Colorado limited liability company,whose legal address is 9145 East Kenyon Avenue, Suite 200,Denver,Colorado 80237,of the City and County of Denver, State of Colorado, as grantee("Grantee"). Witnesseth, that Grantor, for and in consideration of the sum of Forty-One Thousand Eight Hundred Twenty-Six Dollars($41,826)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed, and by these presents does grant,bargain,sell,convey and confirm unto Grantee,its successors and assigns forever,all the real property,together with improvements, if any, situate,lying and being in the County of Weld, State of Colorado,described as follows: See Exhibit A attached hereto and incorporated herein. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions,remainder and remainders,rents, issues and profits thereof,and all the estate,right,title, interest,claim and demand whatsoever of Grantor, either in law or equity, of; in and to the above bargained premises,with the hereditaments and appurtenances. To Have and to Hold the said premises above bargained and described,with the appurtenances, unto the Grantee, its successors and assigns, forever. Grantor,for itself, its successors and assigns, does covenant,grant,bargain and agree to and with Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents,it is well seized of the premises above conveyed,has good, sure, perfect,absolute and indefeasible estate of inheritance,in law, in fee simple, and has good right, full power and lawful authority to grant,bargain, sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature whatsoever,except for and subject to those matters as set forth on Exhibit B attached hereto and incorporated herein. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee,its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. TNG sso7 / 9 `/ SKLD LG SKL10422 WE 3200614-2004 . 001 • i tom dil out iiu to%Weld iii rii�i Dui viii • 3200614 07/20/2004 2 of 7 R 36.00 0 4.18 Steve Moreno Olerk& Recorder In Witness Whereof,Grantor has executed this Deed on the date set forth above. Prospect Valley Farms, Ltd., a Color o limited partnership By: W raven . Ketellapper,General Partner STATE OF COLORADO ) )ss. CITY& COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this \S day of July, 2004, by Walraven F. Ketellapper, General Partner of Prospect Valley Farms, Ltd., a Colorado limited partnership,on its behalf. Witness my hand and official seal. My commission expires: `7 ,2:6 b Notary PuH} 2 SKLD LG SKL10422 WE 3200614-2004 . 002 • I 11101 11111111111111111 05:06Pi iii i eld County,ail 111111 rd r 011111 3 of 7 R 36.00 D 4.18 Steve Moreno Clerk& Reno Exhibit A to Warranty Deed (Parcel L-IA and L-1B) (Legal Description) PARCEL L-1A A PART OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N00°36'38"W A DISTANCE OF 2633.14 FEET. MONUMENTED BY A 3-1/4"ALUMINUM CAP STAMPED"DEPARTMENT OF HIGHWAYS PLS 12374"AT BOTH THE WEST ONE-QUARTER CORNER AND AT THE SOUTHWEST CORNER. COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 23,N89°33'16"E A DISTANCE OF 70.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 79,BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 23, N89°33'16"E A DISTANCE OF 2586.96 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 23, S00°30'11"E A DISTANCE OF 1320.24 FEET TO THE CENTER SOUTH ONE- SIXTEENTH CORNER OF SAID SECTION 23; THENCE ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 23, S89°38'18"W A DISTANCE OF 2584.51 FEET, TO SAID EAST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 79; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE WHICH IS 70 FEET EAST AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 23,N00°36'38"W A DISTANCE OF 1316.45 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 3,408,874 SQUARE FEET OR 78.257 ACRES. 3 SKLD LG SKL10422 WE 3200614-2004 . 003 11111111111111111111111 �� IIIIIII�IIII �� • 3200614 07/20/2004 05:06P Weld County, CO 4 0l 7 R 38.00 0 4.18 Steve Moreno Clerk& Recorder TOGETHER WITH: PARCEL L-1B A PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S89°42'49"W A DISTANCE OF 2652.12 FEET. MONUMENTED BY A 3-1/4"ALUMINUM CAP STAMPED"ALPHA ENGINEERING CO. LS 25037"AT THE SOUTH ONE-QUARTER CORNER AND A 3-1/4"ALUMINUM CAP STAMPED"NOLTE AND ASSOCIATES LS 28656"AT THE SOUTHEAST CORNER. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23,1\100°30'11"W A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 6, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 23,N00°30'11"W A DISTANCE OF 2610.47 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF SECTION 23,N89°33'14"E A DISTANCE OF 1382.60 FEET; THENCE S31°04'28"E A DISTANCE OF 337.98 FEET; THENCE S55°09'31"E A DISTANCE OF 342.34 FEET; THENCE S07°01'04"E A DISTANCE OF 170.86 FEET; THENCE S28°41'03"W A DISTANCE OF 444.48 FEET; THENCE S40°49'31"W A DISTANCE OF 463.27 FEET; THENCE S89°05'33"W A DISTANCE OF 703.27 FEET; THENCE S00°08'08"W A DISTANCE OF 288.87 FEET; THENCE S40°01'05"W A DISTANCE OF 68.16 FEET; THENCE S54°25'58"W A DISTANCE OF 355.45 FEET; THENCE S38°10'38"W A DISTANCE OF 302.37 FEET; 4 SKLD LG SKL10422 WE 3200614-2004 . 004 I 11111111111111111111111 IIII hill S 3200614 07/20/2004 05:06P Weld County, CO 5 of 7 R 36.00 0 4.18 Steve Moreno Clerk& Recorder THENCE S00°46'46"E A DISTANCE OF 428.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE WHICH IS 30 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 23, S89°42'49"W A DISTANCE OF 101.83 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 2,664,309 SQUARE FEET OR 61.164 ACRES. NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION(§38-35-106.5, C.R.S.) J.R. ENGINEERING 6020 GREENWOOD PLAZA BLVD. ENGLEWOOD, CO 80111 (303) 740-9393 5 SKLD LG SKL10422 WE 3200614-2004 . 005 1.11111111111111111111111 /III /IIIIIIII 111111 /III /III • 3200614 07/20/2004 05:06P Weld County, CO 6 of 7 R 36.00 D 4.18 Steve Moreno Clerk& Recorder Exhibit B to Warranty Deed (Parcel L-1A and LAB) (Exceptions) 1. All taxes and assessments for the year 2004 and subsequent years, a lien,not yet due and payable. 2. Reservations by the Union Pacific Land Company of(1) all coal and other minerals underlying subject property, (2)the exclusive right to prospect for, mine and remove coal and other minerals, and (3)the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in Deed recorded September 19, 1908 in Book 233 at Page 164, and any interests therein or rights thereunder. 3. Scrafford Ditch, and any and all rights of way therefore, as evidenced by instrument filed in the office of the Clerk and Recorder for Weld County. 4. Terms, agreements, provisions, conditions and obligations as contained in Maps recorded August 13, 2001 as Reception No. 2874273 and July 11, 2001 as Reception No. 2864762. 5. Easement and right of way for County Road 6 over the Southerly 30 feet of the SEI/4 of Parcel L-1B of the subject property. 6. Right of way, whether in fee or easement only, for communications equipment, structures (including regenerator stations and related enclosures), fencing, lines and related appurtenances, as granted to Touch America, Inc. by Prospect Valley Farms,recorded July 23,2001 as Reception No. 2867756, affecting the following described property, as more particularly described in said instrument. 7. Terms, agreements,provisions, conditions, obligations and easements as contained in Agreement by and between Eagle Peak Farms, Ltd. and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677. 8 Terms, agreviuents,provisions, conditions and obligations as contained in Surface Damage Agreement between Eagle Peak Farms, Ltd. and Snyder Oil Corporation as evidenced by Memorandum recorded July 21, 1994 in Book 1451 as Reception No. 02398575. 9. Terms, agreements, provisions, conditions, obligations and easements as contained in Request for Notification of Surface Development recorded May 28, 2002 as Reception No. 2954625. 6 SKLD LG SKL10422 WE 3200614-2004 . 006 I M111.1110 III IIII 1111 3200614 07120/2004 05:06P Weld County, CO 7 716 f 7 R 36,00 D 4.18 Steve Moreno Clerk b Recorder 10. The following matters as set forth on ALTA/ACSM Land Title Survey on Parcel L-1A prepared by J. R. Engineeing, dated December 3, 2003, as revised December 30, 2003, June 21, 2004,June 29, 2004 and July 7, 2004, as Job Number 15006.00 to wit: Parcel L-IB prepared by J.R. Engineering,dated December 3, 2003, as revised January 9, 2004,June 21, 2004, June 28, 2004 and July 7, 2004, as Job Number 15006.00 to-wit: 1. Any loss or damage arising from the fact that crop circles and other farming operations lie both inside and outside the boundary line of the subject property. 2. Any loss or damage arising from the fact that the dirt access road lies both inside and outside the 25 foot access easement. 7 SKLD LG SKL10422 WE 3200614-2004 . 007 • eRecorded in Wipounty, CO Doc Id: 3694911 - 05/21/2010 04:0 Page: 1 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder Special Warranty Deed (Parcel L1A&1B) This Deed, is made effective as of the 23m day of April, 2010, by and between PV Water Holdings LLC,a Colorado limited liability company(the"Grantor"), and Turnpike Limited Liability Company, a Colorado limited liability company ("Grantee"), whose address is 4202 Weld County Road 65, Keenesburg, Colorado 80643, of the County of Weld, State of Colorado. Witnesseth, Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, is successors and assigns forever, all of the real property, together with improvements, if any, situate, lying and being in the Weld County, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein("Property"). Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, all of the oil, gas, gravel, royalty interests and other mineral rights, all improvements thereon and attached fixtures thereon, if any, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, EXCEPT RESERVING UNTO GRANTOR, all of Grantor's right, title and interest in all water and water rights, whether adjudicated or not,which are related to or in any way appurtenant to the Property. TO HAVE AND TO HOLD the same premises above bargained and described, with the appurtenances, unto the said Grantee, its successors and assigns forever. And, Grantor, for its successors and or assigns, does covenant, grant, bargain and agree to and with the said Grantee, its successors and assigns, that at the time of the signing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner of form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature; except for and subject to the matters set forth on Exhibit B attached hereto and incorporated herein. Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof,by,through or under Grantor. SKLD LG SKL10422 WE 3694911-2010 . 001 • eRecorded in"County, CO Doc Id: 3694911 05/21/2010 04:0 Page: 2 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder In Witness Whereof, Grantor has executed this Deed effective as of the date set forth above. PV Water Holdings LLC, a Colorado limited liability company By: Joel . Farkas,Manager STATE OF COLORADO ) ) s s. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this 11 day of April, 2010, by Joel H.Farkas,as Manager for PV Water Holdings LLC, a Colorado limited liability company, on its behalf. Witness my hand and official seal. S * ' n expires: to I I S .2O11 cO2 2O9 or_ (SEAL)O.r Notary Pu (ac 2 SKLD LG SKL10422 WE 3694911-2010 . 002 • eRecorded in Weekounty, CO Doc Id: 3694911 05/21/2010 04:094. • Page: 3 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder Exhibit A to Special Warranty Deed (Parcel LIA&lB) Legal Description of the Property PARCEL L-1A A PART OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N00°36'38"W A DISTANCE OF 2633.14 FEET. MONUMENTED BY A 3-1/4"ALUMINUM CAP STAMPED"DEPARTMENT OF HIGHWAYS PLS 12374"AT BOTH THE WEST ONE-QUARTER CORNER AND AT THE SOUTHWEST CORNER. COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 23,N89°33'16"E A DISTANCE OF 70.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 79, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 23,N89°33'16"E A DISTANCE OF 2586.96 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 23, S00°30'11"E A DISTANCE OF 1320.24 FEET TO THE CENTER SOUTH ONE-SIXTEENTH CORNER OF SAID SECTION 23; THENCE ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 23, S89°38'18"W A DISTANCE OF 2584.51 FEET,TO SAID EAST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 79; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE WHICH IS 70 FEET EAST AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 23,N00°36'38"W A DISTANCE OF 1316.45 FEET,TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 3,408,874 SQUARE FEET OR 78.257 ACRES. 3 SKLD LG SKL10422 WE 3694911-2010 . 003 • eRecorded in Welikounty, CO Doc Id: 3694911 06/21/2010 04:09111 Page: 4 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder TOGETHER WITH: PARCEL L-1B A PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO;AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR 589°42'49"W A DISTANCE OF 2652.12 FEET. MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMPED"ALPHA ENGINEERING CO. LS 25037"AT THE SOUTH ONE-QUARTER CORNER AND A 3-1/4"ALUMINUM CAP STAMPED"NOLTE AND ASSOCIATES LS 28656"AT THE SOUTHEAST CORNER. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23,N00°30'11"W A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6,BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23,N00°30'11"W A DISTANCE OF 2610.47 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF SECTION 23,N89°33'14"E A DISTANCE OF 1382.60 FEET; THENCE 531°04'28"E A DISTANCE OF 337.98 FEET; THENCE S55°09'31"E A DISTANCE OF 342.34 FEET; THENCE 507°01'04"E A DISTANCE OF 170.86 FEET; THENCE S28°41'03"W A DISTANCE OF 444.48 FEET; THENCE 540°49'31"W A DISTANCE OF 463.27 FEET; THENCE S89°05'33"W A DISTANCE OF 703.27 FEET; THENCE S00°08'08"W A DISTANCE OF 288.87 FEET; THENCE S40°01'05"W A DISTANCE OF 68.16 FEET; THENCE S54°25'58"W A DISTANCE OF 355.45 FEET; 4 SKLD LG SKL10422 WE 3694911-2010 . 004 • eRecorded in Wealpunty, CO Doc Id: 3694911 05/21/2010 04:0 • Page: 5 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder THENCE S38°10'38"W A DISTANCE OF 302.37 FEET; THENCE S00°46'46"E A DISTANCE OF 428.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE WHICH IS 30 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF SAID SECTION 23, 589°42'49"W A DISTANCE OF 101.83 FEET,TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 2,664,309 SQUARE FEET OR 61.164 ACRES. COMBINED AREA FOR PARCEL L-1 IS 139.421 ACRES. 5 SKLD LG SKL10422 WE 3694911-2010 . 005 • eRecorded in Waliounty, CO Doc Id: 3694911 05/21/2010 04:011111 Page: 6 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder Exhibit B to Special Warranty Deed (Parcel L1A&1B) Permitted Exceptions 1. Taxes and assessments for the year 2010 and subsequent years,a lien,not yet due and payable. 2. All water,water rights,or claims thereto,in on or under the land. 3. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 4. Any rights, interest, or easements in favor of the United States, the State of Colorado or the public, which exist or are claimed to exist in and over the present and past bed,banks or waters of Sand Creek. 5. Rights of way for county roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, by the instrument recorded October 14, 1889 in Book 86 at Page 273. 6. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Weld County Cleric and Recorder as disclosed by the following instruments: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No.2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 at Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception No. 1919757. (t) Western Gas Supply Company,recorded April 2, 1985 in Book 1063 at Reception No. 2004300. (g) United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No.02239296. NOTE: These Notices are general and do not necessarily give notice of underground facilities within the subject property. 7. Reservation by the Union Pacific Land Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine, and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and 6 SKLD LG SKL10422 WE 3694911-2010 . 006 • eRecorded in Wilnounty, CO Doc Id: 3694911 05/21/2010 04:0IIIIV • Page: 7 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder remove oil, coal and other minerals, as contained in deed recorded September 18, 1908 in Book 233 at Page 163,and any and all assignments thereof or interests therein. Note: Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954625. 8. Easement and right of way for the Scrafford Ditch. 9. Terms, conditions, provisions and agreements specified under the Agreement by and between Eagle Peak Farms, Ltd and Lomita Operating Company, which was recorded January 19, 1993 in Book 1367 at Reception No. 02318677. 10. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Surface Damage Agreement by and between Eagle Park Farms, Ltd. and Snyder Oil Corporation,which was recorded July 21, 1994 in Book 1451 at Reception No. 02398575. 11. Terms, conditions, provisions, agreements and easements specified under the Basement Agreement by and between Prospect Valley Farms and Touch America, Inc., which was recorded July 23,2001 at Reception No. 2867756. NOTE: Assignment of Easement recorded May 9, 2005 at Reception No. 3284553. 12. Terms, conditions, provisions, agreements and obligations specified under the Findings of Face, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,2004,at Reception No. 3191504. NOTE:Assignment (Well Permits and Decrees) to PV Water Holdings, LLC, a Colorado limited liability company recorded July 20,2004 at Reception No. 3200619. 13. Terms, conditions, provisions, agreements and obligations specified under the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,2004 at Reception No. 3191505. NOTE: Assignment(Well Permits and Decrees) to PV Water Holding, LLC, a Colorado limited liability company recorded July 20,2004 at Reception No. 3200619. 14. Covenants, conditions and restrictions and water and water rights as set forth on the deed recorded July 20,2004 at Reception No. 3200612. 15. Terms, conditions, provisions, agreement and obligations specified under the Bargain and Sale Deed(Mineral),which were recorded July 20,2004 at Reception No. 3200615. 16. ALTA/ACSM Land Title Survey by instrument recorded September 13, 2004 at Reception No. 3218371. 7 SKLD LG SKL10422 WE 3694911-2010 . 007 • eRecorded in Wakounty, CO Doc Id: 3694911 05/21/2010 04:0 Page: 8 of 8 Total Fee: $59.03 Steve Moreno, Clerk and Recorder 17. ALTAJACSM Land Title Survey by instrument recorded September 13, 2004 at Reception No. 3218380. 18. Terms, conditions, provisions, agreements and obligations specified under the ALTA/ACSM Land Title Survey, which was recorded September 13, 2004 at Reception No.3218375. 19. Terms, conditions, provisions, agreements and obligations specified under the Easement Deed,which was recorded March 14,2008,under Reception No. 3541694 and re-recorded on April 16,2010 under Reception No. 3687443. Deed of Trust from PV LLC, HP Farms Holdings LLC, Prospect Farms II Holdings LLC and Pioneer Communities Holdings LLC, Each a Colorado limited liability company to the Public Trustee of Weld County for the benefit of Fortress Credit Corp., a Delaware corporation to secure the indebtedness in the principal sum of$75,000,000.00, and any other amounts and/or obligations secured thereby, dated October 31, 2007 and recorded November 1,2007 under Reception No. 3514967,and any amendments and modifications thereto. This Deed of Trust encumbers an Easement Interest. 20. Terms, conditions, provisions, agreements and obligations contained in the Colorado Ground Water Commission Findings and Order as set forth below: Recording Date: September 28,2009 Recording No. 3651094 s SKLD LG SKL10422 WE 3694911-2010 . 008 ��OF:CO4- DEPARTMENT OF NATURAL RESOURCES *� ' C - off, DIVISION OF WATER RESOURCES # „mE„oM *, Bill Ritter,Jr. ' 18 76 / s/ Governor Mike King June 30, 2010 Executive Director Dick Wolfe,P.E. Kim Ogle Weld County Dirnn n/Site Engineer H epartment Weld County Planning Department GREELEY OFFICE 1555 N. 17th Ave. Greely, CO 80631 1111 fl 6 min RE: Turnpike, LLC Exemption, RE-5039 RECEIVED N2SW4 of Section 23, T1N, R63W, 6th P.M Water Division 8, Water District 1 Dear Ms. Ogle: This referral does not appear to qualify as a "subdivision" as defined in Section 30- 28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the submitted information, the proposal is to divide the current parcel into two lots identified as Lot A consisting of 5 acres for agricultural and residence uses, and Lot B consisting of 74 acres for continued farm ground use Per the submittal, there are no existing wells on Lot A or Lot B. Per the submittal, domestic well permits will be applied for as needed for the proposed Lots A and B. These well permit applications will be evaluated pursuant to the applicable statutes and rules at the time they are submitted to this office. Should you have any questions in this matter, please contact Justina Farris of this office. Sincerely, g J 744LKeith Vander Horst, P E. Designated Basins Team Leader cc Jim Hall, P.E. Division 1 Office Brent Schantz, Water Commissioner Lost Creek GWMD KVH/JPF: TurnpikeRE5039.doc Office of the State Engineer 1313 Sherman Street,Suite 818 • Denver, CO 80203 •Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us Hello