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I f 3-- n l Es° k R }\�F/ � m ill) d lc:zi 0 295 el I • r"* 1 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION Wi`p 0 ADMINISTRATIVE REVIEW COLORADO PLANNER: Chris Gathman HEARING DATE: March 1, 2010 CASE NUMBER: RE-4989 APPLICANT: Timothy & Gail Powers ADDRESS: 4610 County Road 36, Platteville, CO 80651 REQUEST: Two-Lot Recorded Exemption LEGAL DESCRIPTION: Lot A of Amended Recorded Exemption 3005 (AMRE-3005); Part NE4 of Section 11, T3N, R68W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1207 11 100102 PARCEL SIZE: +/-2.5 acres ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: Existing Little Thompson Water District Tap#5666 Lot B: Existing Little Thompson Water District Tap#4842 SEWER SOURCE: Lot A: Existing Septic System Permit#SE-0100026 Lot B: Existing Septic System Permit#SP-0000035 Description: The applicant has submitted a recorded exemption to split off an existing manufactured home from Lot A of Amended Recorded Exemption 3005 (AMRE-3005). The manufactured home was permitted as a medical hardship under mobile home zoning permit #ZPMH 2181. The applicant is applying to do this within 5 years of the prior recorded exemption. The Department of Planning Services staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld County Code: A. Section 24-8-40.C.1 states: "Lot A of a two-lot recorded exemption created prior to March 1, 2004, is eligible for a one-time-only future land exemption." The applicant is applying for a two-lot recorded exemption to split Lot A (the smaller lot) of AMRE-3005. RE-3005 was administratively approved by the Department of Planning Services prior to March 1, 2004. The boundary of Lot A was later amended/adjusted under AMRE-3005. This does did not change the 5-year time frame. The 5-year time frame is based on the recording date of the original recorded exemption, not the amendment. Therefore, Lot A of AMRE-3005 is eligible for a one-time recorded exemption 5 years from 2010-3122 • • the recording date of the original recorded exemption (RE-3005). RE-3005 was recorded on May 3, 2005 under reception #3282720. Amended RE-3005 was recorded June 30, 2005 under reception #3299119. Per the Section 24-8-40.M.1 criteria: Lot A of RE-3005 is not eligible for a recorded exemption until May 3, 2010. Should the Board of County Commissioners approve this request, the Department of Planning Services staff recommends the following conditions be attached: 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. Topographic or physical features of the proposed Lot A and Lot B, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1207-11-1 RE-4989 B. Lot A shall use the existing residential access point as no additional accesses shall be granted: Lots A & B shall share the existing residential access point as no additional accesses shall be granted. A 30 foot wide joint access and utility easement extending across Lots A & B from County Road 36, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. All approved accesses shall be clearly shown on the plat. D. County Road 36 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 and this information shall be indicated on the plat. 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. E. The applicant shall address the conditions/requirements of the Weld County Department of Public Health and Environment as stated in their referral received January 21, 2010. Written evidence of Health Department approval shall be provided to the Department of Planning Services. The condition is as follows: "All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to the Weld County Department of Public Health and Environment for verification of setbacks." F. The applicant shall attempt to address the conditions/requirements of the Mountain View Fire Protection District as stated in their referral dated January 8, 2010. Written evidence of such shall be provided to the Department of Planning Services. A The applicant shall submit a completed mobile home zoning permit(ZPMH) application form ($75.00 application fee required) for a change in use from a medical hardship to a principle dwelling for the existing modular home to be located on Lot A of this recorded exemption. H. Lot A shall comply with the one (1) 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. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. 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) Lots A and B are not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 4) 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. 5) 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. 6) 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) 7) 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 Storm water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 8) WELD COUNTY'S RIGHT TO FARM STATEMENT: 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. 5. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. • •Print Fold c I iy Qle Submit by Eail /6 'w nning Departmentm GREELEY OFFICE ffp:;"\\\:, lAm i7nin Weld Counefe y rral te December 22, 2009 COLORADO �3 The Weld County Department of Planning Services has received the following item for review: Applicant Timothy &Gail Powers Case Number tuber RE-4989 Please Reply By January 22, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption +Legal Lot A AmRE-3005; Located in Part of the NE4 of Section 11, T3N, R68W of the 6th P.M., Weld County, Colorado. • Location South of and adjacent to CR 36 and approximately%mile east of the East I-25 Frontage Rd. For a more precise location, see legal. {Parcel Number 1207 11 100102 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. 2: 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. w See attached letter. Please notify me of any public hearings regarding this request. Comments: Signature t& cA Ei v2-1- Date / / / /00 Agency i ` {- On1.6')1/217.L4/clks id %Weld County Planning Dept. 2918 10th Street Greeley,CO.80631 *970)353-6100 ext.3540 2(970)304-6498 fax • • Weir County Planning Department 0R EEL EY OFFICE a 1/[1.;1, 460 i MEMORANDUM TO: Chris Gathman, Planning Services DATE: January 18, 2010 FROM: Heidi Hansen, P.E., Public Works Department 'LJ - COLORADO SUBJECT: RE-4989, Timothy & Gail Powers 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): WCR 36 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: Lots A and B shall share the existing joint access point. Either the new property line should run down the center of the access drive OR if the access drive is entirely on one Lot, the applicant shall place an easement on the plat to allow access to the other Lot. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-4989 Paee 1 of I M'.\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4989.docx glint Form Submit by Email Weld County Referral Weld County Planning Department GREELEY OFFICE rarl 4 r 411 December 22, 2009 COLORADO REC V` The Weld County Department of Planning Services has received the following item for review: pplit Timothy &Gail Powers Case Number RE-4989 €Please Reply By January 22, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot A AmRE-3005; Located in Part of the NE4 of Section 11, T3N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 36 and approximately'/ mile east of the East 1-25 Frontage Rd. For a more precise location, see legal. €Parcel Number 1207 11 100102 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. s We have reviewed the request and find that it does/does not comply with our Comprehensive Plan , CVe have reviewed the request and find no conflicts with our interests. See attached letter. s Please notify me of any public hearings regarding this request. Comments: Signature . „ ' Date Agency 4 • %Weld County Planning Dept. a918 10th Street Greeley,CO. 80631 *970)353-6100 ext.3540 *970)304-6498 fax Print Form Submit by Email • Weld County Planning Departmen GREELEY OFFICE JAN ?f?'f1 801-"HiCtil RECEM9 d County Referral December 22, 2009 r COLORADO The Weld County Department of Planning Services has received the following item for review: ,Applicant Timothy&Gail Powers Case Number RE-4989 Please Reply By January 22, 2010 Planner Chris Gathman ,Project Two-Lot Recorded Exemption Legal Lot A AmRE-3005; Located in Part of the NE4 of Section 11, T3N, R68W of the 6th P.M., Weld County, Colorado. ,Location South of and adjacent to CR 36 and approximately%mile east of the East 1-25 Frontage Rd. For a more precise location, see legal. i Parcel Number 1207 11 100102 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. a We have reviewed the request and find that it does/does not comply with our Comprehensive Plan w We have reviewed the request and find no conflicts with our interests. ( ee attached letter. a Please notify me of any public hearings regarding this request. Comments: rTh r Signature c �� _ v� l ) C_../ Date ( l f t O Agency Mel, Nt2 e ti\•: 21Pleid County Planning Dept. *18 10m Street Greeley,CO.80631 *970)353-6100 ext.3540 *970)304-6498 tax Chris Gathman From: Tim Katers [tkaters@berthoud.org] Sent: Wednesday, December 23, 2009 8:36 AM To: Chris Gathman Subject: RE-4989 referral Chris. The Town of Berthoud has no comments on this proposal. Tim Tim Katers, AICP Berthoud Planning 325 Massachusetts Ave. Berthoud, CO 80513 (970) 532-2643 tkaters(alberthoud.org 1 • • Tap No. L1i 1'LE THOMPSON WATER DISTRICT Domestic V.otter Agreement This Agreemem made this - day of_ - ,19 by and between . Land Owner, Hereinafter referred to as User,and LITTLE THOMPSON WATER DISTRICT, a statutory water district, herinafter referred to asthe District. is upon the following terms and conditions, for the property and water tap shown below: Legal Owner of Property- Street Address of Property. - - - - Town and Zip Code: .- - - - LTWD Tap No: Purpose of Domestic Water Service: Residential Single Family;Multi-family:Commercial;or )ther(describe) WHEREAS the District is the owner of facilities for the purr ose of furnishing Domestic Water to users within said District and WHEREAS the user is desirous of obtaining domestic wa for his property, NOW THEREFORE,the parties hereto agree to the following: I. This agreement shall be the binding contract between the User and the District. 2. User hereby agrees to pay to the District such sum as m:y be prescribed from time to time by the Board of Directors as the water rate or charge for such water service.Payments shal:start when the District installs the tap and water is available for delivery.A minimum payment,as prescribed from time tit time by the Board of Directors of the District, shall be due and payable regardless of water use. 3. Until paid,all rates,tolls,or charges shall constitute a p rpetual lien on and against the property served,and any such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchanic's lien. The District shall shut off or discontinue service for acm unt delinquencies or other violations of the District's Rules and Regulations. 4. No water service may be obtained except upon proper ty included within the boundaries of the District. User agrees to include the property saved within the District,if this has rot been previously accomplished User further agrees that he will not permit other persons to use water furnished to him u[der this agreement. 5. District agrees to furnish water to User PROVIDED.tba t the District shall not be liable for loss to User for failure to deliver water because of war,riot,insurrection, breaks in the wat r system or Acts of God.The District shall endeavor to repair all breaks promptly on District lines. 6. User agrees to abide by suds other rules and regulations A the District regarding the use of water as may be established from time to time by the Board of Directors. 7. The user's name and billing address for all statements and notices is: Phone. IN WITNESS WHEREOF the parties have subscribed the it names the day and year first above written. LITTLE THOMPSON WATER DISTRICT BY: (Signature of Land Owner) LTWD-Form 120 (Rev.April, 1986) LITTLE THOMPSON WATER DISTRICT WATER TAP APPLICATION TAP NO: TO:Board of Directors,Little Thompson Water District Application is hereby made for domestic water service to the following described property Legal Owner of Property: Street Address of Property: Town and Zip Code: - Subdivision: Lot No: Block No: Section: Township: North, Range: __ West of the 6th P.M. County: Applicant understands that if this application is not accepte d by the District,or in the event the applicant decides to withdraw this application for water service prior to installation,the tar fee will be refunded to applicant,with the exception of any actual expenses which may be incurred by the District in pracessin.;this application Meter Size Tap Fee 5/8" 3/4" 1" 1.5" 2" Notes: Tap sizes larger than 2"will be charged a fee as set by the E card of Directors. TAP FEE IMPACT FEE : SPRINKLER TAP FEE Applicant understands that property must be included in tl e District boundaries for service and agrees to furnish a complete written legal description of the property served prior to tap nstallation,if so requested. If application for service is accepted,applicant understands that the water service is subject to the rules and regulations of the District,as currently established or as may be modified in the future by the Board of Directors. A copy of the rules and regulations for the District is available for the applicant,if desired Applicant certifies that final lot grade will be establish S prior to installation. The District will not be liable for the expense of a meter relocation if required after installati rn due to a change in lot grade. (Signature of Legal Owners) (Signature of Applicant) - (Street Address) FOR.DISTRICT OFFICE USE ONLY (Town and Zip Code) Tap Number. Area: Tap Fee Rec'd: (ldephone Number) Land Included in District: District hereby acknowledges receipt of Meter Book: S Map Number. Node Number:_ Date Tap Installed: Job Order#: District Representative Date irsSi WELD COUNTY,COLORADO PARTMENT OF PLANNING SERVICES 91810'"STREET GREELEY,CO 80631 PHONE:970-3534100,EXT.3540 I FAX:970-304-6498 P ,' " nn Date: 20 i Receipt No. r L 4 Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR . 4221-SITE PLAN REVIEW . 4221-CHANGE OF ZONE . 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% ■ _ FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH 1 CHECK NO. i TOTAL FEE Receipted By: DL# Exp. • • I WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17'H AVENUE - GREELEY, CO 80631 PHONE:9704I 53-6100, EXT.3540/FAX: 970-304-6498 Date: „____L_____," 20 IReceipt No. ! 1 1 Received From: Permit Type No. Description 4221-RE/SE ENS Fee 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD4221-MINO 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 1 I� r OCASH ❑CHECK NO. ❑CREDIT CARD TOTAL FEE CI Receipted By: DL#_______Exp.____ • • Chris Gathman From: Chris Gathman Sent: Monday, August 09, 2010 6:17 PM To: 'Steve Lund' Cc: 'geniegirl2@aol.com' Subject: RE 4989 plat corrections I have reviewed the RE 4989 plat and have the following changes: 1) Replace the Department of Planning Services Certificate with the Board of County Commissioners Certificate. 2) Add the easement certificate signature block to the plat. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 i . — -/Q,vn cziA qxA2IS \c t Q q C Z� � ) fcId \ Sit 1:1“O fijt it-00 1 5, l — cy, L .L. Cz,s— I Pwi e C110/10 111 2 DEPARTMENT OF PLANNING SERVICES 1555 N 17`h Ave Greeley, CO 80631 Icgathman@co.wetd.co.us C. PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 COLORADO July 20, 2010 Timothy & Gail Powers 4610 County Road 36 Platteville, CO. 80651 Re: Conditions of Approval: Recorded Exemption 4989 (RE-4989) Dear Ms. Kuhlman: On March 1 2010 your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing,within 10 working days of your decision to complete the recorded exemption within the next 30 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners If you have further question, please contact me at the above address or call (970) 353-6100 x 3537. Sincerely, Chris Gathman Planner III i • Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, December 23, 2009 8:21 AM To: 'geniegirl2@aol.com' Subject: Case RE-4989 Attachments: Applicant Letter.pdf Your recorded exemption application is currently being processed. Please see the attached letter. Thank you! KtriktiAn.e Rc Asko& Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 i •� S. Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, December 23, 2009 8:24 AM To: Ann Siron; 'nmcintyre@co.boulder.co.us'; 'tkaters@msn.com'; 'Dan Dean'; 'ruskjudy@stvrain.k12.co.ust; 'mtcook@ltwd.org'; 'Ipenfold@mvfpd.org' Subject: RE-4989 Referral Attachments: Referral Sheet.pdf; Application.pdf; Map.jpg We have just received a case (RE-4989) in which we ask that you review the attached material and send a referral to us by January 22, 2010. Attached is the application, map and referral sheet. You may send your comments to the Planner assigned to this case, which is Chris Gathman (cgathman(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! KASEwe Rav-5Lew. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 6 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us IlDADMINISTRATION (970) 304-6410 FAX(970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 March 7,2001 Shirley Powers 4920 County Road 36 Platteville,Colorado 80651 RE: Shirley Powers ISDS No.:01-023 Permit No.:SE-0100026 Dear Ms.Powers: On March 1,2001,an evaluation of the existing individual septic disposal system at 4610 County Road 36, Section 11,Township 03 North,Range 68 West,was conducted by Stephen J. Wiatrowski,an environmental specialist of this department. The system is not constructed in accordance with current regulations,as the tank is undersized by 500 gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado Board of Health,the County considers this system to be"grandfathered"and will not require that the system be brought into compliance with current regulations so long as the system functions in accordance with current Regulations. The Department recommends that the tank size be increased by 500 gallons. Please be advised that should you decide to repair your system a permit is required from this Department prior to any alterations to the system. The existing individual septic disposal system is of sufficient size and capacity to adequately handle the proposed load.This evaluation is based on a final treatment capacity for a 3 bedroom residence. Be advised,neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property,to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing(S.O.E.)relies on information the property owner provides,under oath,indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance,please contact our office at(970)304-6415. sylarp,w, Steph J.Wiktrowski Environmental Health Specialist SJW/ske/powers shirley Enclosure cc:Weld County Department of Planning - ii ? WEACOUNTY DEPARTMENT OF PUBLIC SE# S - CL' 0 0 0;2. `:- HERWM AND ENVIRONMENT • ORG PERMIT# Atiern. 1555 N. 17'"AVENUE REPAIR# GREELEY,COLORADO 80631 LOAN# IL`P� PHONE: (970)304 6415 ISDS# O I g--,, FAX: (970) 304-6411 COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE FILL OUT IN BLACK INK ONLY) PARCEL# \P,��\\ rft a PROPERTY OWNER e\(\a V\8 rr l{m PHONE NO. h-0U) C 2 -�J\T MAILING ADDRESS \--\\--,,-)..0 \,,),. .\\(>) C ,\9la(aQ , 00 i3O ' City State Zip DESCRIPTION OF BUILDING(ex. house,mobil(e//modul r home shop,office)�(``".--12 SITE/LOCATION ADDRESS��tjA� �j �CC, c;, �ca C'\\��° v c t { \ � City State Zip LEGAL DESCRIPTION PT\..z' . PT SECTION \\ TOWNSHIPS RANGE\( 'S SUBDIVISION LOT BLOCK FILING CENCUS TRACT LOT SIZE/ACRES ,a COMMERCIAL YES/ O \\ RESIDENTIAL tO NO NUMBER OF P ONS', -`- BASEMENT PLUMBING YES O/ I BEDROOMS BATHROOMS FULL a 3/4 1/2 WATER SUPPLY PUBLIC NO UTILITY NAME \ \.k��(` \ c PRIVATE YES/NO CISTE S/NO WELL� YES/NO WELL PERMIT# SYSTEM SIZE: Septic tank material is constructed of( \C`�C� E'n l and has ff L gallons capacity. FIELD: Trench square feet or Bed itry no square feet YEAR INSTALLED ? You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate location,length,width,and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed,as described,art at this time on the parcel of ground identified by the above legal d ription and further states that the syste i is not in good working order and to the best of his/her knowledge is s no)ailing to function properly. I further understand that any falsification or misrepresentation may result in revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. 2227-CI sf rAy A / clan,g 03 DATE OWNER Subscribed and sworn to before me this 19 7711 day of /-Q ruw I • 199-70521by Ti yvk Pe,uA-etr ./ Witness my hand and official seal. My commission expires: /-/ --e)4/- 2-7 7-di S., i, c-c.%a.-(/ DATE NOTARY PUBLIC U Crl STATEMENT OF EXISTING REVIEWED BY ENVIRONMENTAL HEALTH SPECIALIST AiK;(teelti . INDIVIDUAIISEWAGE DISPOSAL SYSTEM M EVALUATION RECORDED EXEMPTION NO. : J WIWig C DATE RECEIVED: -2- c c., RECEIVED BY: 73 COLORADO FEE $90. 00: cA p f� ,`,� ,�/`.✓ S C DATE INSPECTED: -.3-i-C� OWNER: Pc Q � h / )2.4 -LA / PHONE: '% O S j 5 c/ 37 MAILING ADDRESS: /`� 1 O� Ca .3 6, ��(G H -'ti, f 1 = y0 G-- d � 5 SITE ADDRESS: L11_,1Uge .56 ' CITY ��7STATE ZIP f�I� t7C u; ; ('f E2' 6 s / CITY STATE ZIP LEGAL DESCRIPTION: PT: PT: SEC: I / TWN: :2 N RNG: f-:, > SUBDIVISION: LOT: BLK: FLG: WATER SUPPLY: I !'1 C (� (_RESIDENTIAL__ C4MMERCIAL TOTAL ACRES: PERMIT ON RECORD: Name: ''O UJ€A :R l ��l I ty ('°w Permit No. : r,t 3 `� r S.o E);AYES)/NO C System Size: Tank: no gallons Trench: square feet Bed: 14'C) square feet Percolation Rate: /jam minutes per inch Soil Type: �.�r-r7O,? Engineer Design: YES1I2 Percent Ground Slope: Direction: The septic system identified above I � .•' of sufficient size to accommodate the propose alterations(s) indicated below to the structure(s) served by this system. 4 p0 -S—Z ° CURRENT FLOW ADDITIONS PROPOSED TOTAL Description: V /O—i.ct.t__ Description: ; Description: l•W Persons: Bedrooms: _ -y,._.34 Bathrooms: U__ Basement Plumbing: no Th isting system is ED ve the fo rations made i ac da he propo erations to t ucture(s) served: Neither the County of Weld nor any of its agents or employees undertake or assume any liability t the owner of the above property, to any purchaser of the above property or to any lending agenc making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulatiox and for detecting health hazards observable at the time of inspection. This does not constitut a warranty that the system is without flaw or that it will continue to function in the future Inspections requested during periods of snow cover and high soil saturation may be of questionab] value to potential buyers due to adverse conditions. Evaluations based on Statements of Existir (S.O.E.) relies on information the property owner provides, under oath, indicating current stet' of the system and representing to the best of his/her knowledge the system is not failing t function properly. • • Tap No. 1- N4). LITTLE THOMPSON WATER DISTRICT Domestic Water Agreement This Agreement made this n/4 day of al Q 7 ,19 L / by and between �i `Ptf tQC) 0 Land Owner, Hereinafter referred to as User, and LITTLE THOMPSOfil WATER DISTRICT, a statutory water district, herinafter referred to as the District, is upon the following terms and conditions, for the property and water tap shown below: S Legal Owner of Property: 1( .L� � �/�� / almitALI Street Address of Property: )/iT),� /�� /�� /t,,e �llJ r� Town and Zip Code: "Plait �� 1 fil�1t nI e_..6 '�Jla,\-11 nLTWD Tap No: - �Oc Purpose of Domestic Water Service: ./A � I tO I72j/nt/ Residential Single Family; Multi-family;Commercial; or Other(describe WHEREAS the District is the owner of facilities for the purpose of furnishing Domestic Water to users within said District:and WHEREAS the user is desirous of obtaining domestic water for his property, NOW THEREFORE, the parties hereto agree to the following: 1. This agreement shall be the binding contract between the User and the District. 2. User hereby agrees to pay to the District such sum as may be prescribed from time to time by the Board of Directors as the water rate or charge for such water service. Payments shall start when the District installs the tap and water is available for delivery. A minimum payment, as prescribed from time to time by the Board of Directors of the District,shall be due and payable regardless of water use. 3. Until paid,all rates,tolls,or charges shall constitute a perpetual lien on and against the property served,and any such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchanic's lien. The District shall shut off or discontinue service for account delinquencies or other violations of the District's Rules and Regulations. 4. No water service may be obtained except upon property included within the boundaries of the District. User agrees to include the property served within the District,if this has not been previously accomplished.User further agrees that he will not permit other persons to use water furnished to him under this agreement. 5. District agrees to furnish water to User PROVIDED,that the District shall not be liable for loss to User for failure to deliver water because of war, riot, insurrection, breaks in the water system or Acts of God.The District shall endeavor to repair all breaks promptly on District lines. 6. User agrees to abide by such other rules and regulations of the District regarding the use of water as may be established from time to time by the Board of Directors. Jell n, / `I l/� �y 7. The user's name and billing address for all statements and notices is: he�At (q 'T U t^-'tc3 4 tin 13,041 &kg Plaftev ile Co , Ys1 / Phone: �L 76 ' 5-6 St *c7 rQ IN WITNESS WHEREOF the parties have subscribed their names the day and year first above written. LITTLE ,PSON WATER DISTRICT n / BY: /�f�ll/ l`�-ba._ a14 kc/<p..___ -e., SA✓ (O (Signature of Land Owner) LTWD Form 120 (Rev. April, 1986) WilDeAPPLICATION FLOW SHEET Wi`P� COLORADO APPLICANT: Timothy & Gail Powers CASE#: RE-4989 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot A of AMRE-3005; Located in Part of the NE4 11-3-68 LOCATION: South of and adjacent to CR 36 and approximately ''A mile east of the East 1-25 Frontage Road PARCEL ID #: 120711100102 ACRES: +/- 2.5 acres Date By Application Received 12/18/09 Application Completed 12/18/09 Referrals listed 12/22/09 CG Vicinity map prepared File assembled /a/2jlc9 rc Case logged in computer Letter to applicant mailed ?_-- Referrals mailed Field check by DPS staff ,___ Administrative Review decision: �IOV , VI/ It �J Board of County Commissioners hearing (if applicable) 1 "'_ 1 , Date By County Commissioners Hearing Date J/ VVY Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed 105I1 5 I 1 Date C) hilL3;illr Overlay Districts Zoning Agricultural MUD YesNo_X_ IGA YesNo_X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X_ Panel#080266 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number \ ( J-- 0 C) - O (12 digit number -(ffjo�un�d on Tax I.D.iriformation,obtainable at the Weld County Assessor's Office,or Y.co.weid.co_us) - l-\1'l[\ �✓ f fn i Legal Descriptions , Section ti` , Township�j North, Rang W to Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes No FEE OWNER(S) OF THE PROPERTY: Name(\ \ ' O . C— :�\ O'-NCr. QCNJW3 Work Phone ff h \. 1,. Home Phone#eft FS Email Address Address r.�C. \ \.c\ City/State/Zip Code ,, c, APPLICANT OR AUTHORIZED AGENT(See Below.Authorization must accompany all applications signed by Authorized Agent) Name \�YtiC \` C)' C�'1c.,, .k+. Work Phone# - C ' Home Phone 1�'. ��. & Email Address -.QC { Cam' CA-6\ •C.ci r Address: L\ City/State/Zip Coda C-.\`& L\e , ( k--5,)1 Lot A Lot B Lot C Lot D Smaller Parcel Water Source ' Type of Sewer kc-T\ (4j Proposed Use xC\P((\\C (. c Acreage Ot(QTN- \.: C c)( o); Existing Dwellings? If Y If Yes,`list address If Yes, list address If Yes, list address ow: low (/� below: below: `\l t/\ } if the property is vacan unimproved write pf water source and proposed sewer system for each parcel in the blanks above.I-or example,if a well and septic is well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. It a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authoripto sign for the corporation. arrA Signature: O or Authorized Agent Date Signature: Owner or Authorized Agent Date ./3/ZtCS ( -fflvtgE 7"744 1 .G I ODPrint Form RECORDED EXEMPTION (RE) SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: One original recorded exemption application form plus fifteen copies. The application must be signed by all persons on the deed, an authorized agent with a letter from the property owner(s) granting authorization, or if the property is owned by a corporation - documentation indicating that the person signing is iauthorized (officer of the corporation)to sign the application. One original completed Recorded Exemption questionnaire plus fifteen copies. ✓ One legible 8-1/2" by 11"map drawn to include the following items plus fifteen copies. ✓ North arrow ✓ Estimated boundary of the property • All existing and proposed lots (including approximate size in acres) ✓ Easements and/or rights-of-way Existing roads/highways abutting the property All existing structures including: dwelling(s), mobile homes, outbuildings, pens, irrigation ditches, oil and gas well production facilities, or other unique characteristics One original Weld County Road Access Information Sheet plus one copy. Clearly indicate all existing and / proposed accesses (residential, agricultural, oil and gas, ditch, etc). L/7 One One copy of a legible deed or legal instrument identifying the applicant(s interest in the property. ✓ Two copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing /// service or availability of water service to each proposed lot. `�' Two copies of any existing septic system permit(s) on each lot or one copy of a letter from the sanitary sewer district indicating existing service or availability of sewage disposal to each proposed 7 lot. 1 One original Certificate of Conveyance(COC)form and all attachments provided by the title company. 1 One copy of statement from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. \A k' One original Acreage Waiver form, if applicable. Application fees Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain - one original of the following; application, questionnaire, map, Road Access Info Sheet, one copy of deed, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit, one original COC and any attachments, one Weld County Treasurers Tax Statement, one Acreage Waiver form (if applicable). Packet 2 will contain -one copy of the following; application, questionnaire, map, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit. Packet 3 will contain - one copy of the following; application, questionnaire, map, one copy Road Access Info sheet. Packets 4-15 will contain -one copy of the following; application, questionnaire, map. U\ Updated 06-15-08 CS\�Q \ r ( -�G Exemption Questionnaire For Tim and Gail Powers 4610 Weld County Road 36 Platteville, CO 80651 Existing House 1) a) Domestic water use for the house is through Little Thompson Water District which was purchased, August 14, 1997, tap # 4842. (see attached permit) b) There is no irrigation water on that piece of property. 2) There is a septic system on the property. There is a"Statement Of Existing For Septic System", SE #-0100026, dated on February 27, 2001, and final inspection on 3/1/01 attached. 3) This parcel has a farmhouse, and barn for the horses and hay. We have 3 horses. The barn is just on the east side of the house. It is all fenced off. 4) The lot is currently 2.5 acres. There is our house and my mom's modular on the same property. We are trying to keep 1.3 acres with the house and 1.2 acres with the modular. The modular is currently filed as a medical hardship, and we would like to change the use To a permanent residence. Both modular and house each have their own electric meters, septic systems, and water taps. They will both be residential properties. 5) There is a ditch, the McKay ditch line that runs on the north side of the house,just parallel to road 36. 6) No building envelopes are requested. 7) There is no business on the property only the medical hardship permit on the modular which will be vacated with the exemption a • • DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1 N 17TH AVE GREELELEY, CO 80631631 WEBSITE: www.co.weld.co.us I4.**i DADMINISTRATION (970) 304-6410 FAX (970) 304-6412 II O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 C. ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 March 7,2001 Shirley Powers 4920 County Road 36 Platteville,Colorado 80651 RE: Shirley Powers ISDS No.: 01-023 Permit No.: SE-0100026 Dear Ms. Powers: On March 1, 2001, an evaluation of the existing individual septic disposal system at 4610 County Road 36, Section 11,Township 03 North, Range 68 West, was conducted by Stephen J. Wiatrowski, an environmental specialist of this department. The system is not constructed in accordance with current regulations, as the tank is undersized by 500 gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado Board of Health,the County considers this system to be"grandfathered"and will not require that the system be brought into compliance with current regulations so long as the system functions in accordance with current Regulations. The Department recommends that the tank size be increased by 500 gallons. Please be advised that should you decide to repair your system a permit is required from this Deparment prior to any alterations to the system. The existing individual septic disposal system is of sufficient size and capacity to adequately handle the proposed load. This evaluation is based on a final treatment capacity for a 3 bedroom residence. Be advised,neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property,to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E.)relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance,please contact our office at(970)304-6415. S ncerely, Steph n J. Wiatrowski Environmental Health Specialist SJW/ske/powers shirley Enclosure cc: Weld County Department of Planning a a RECORDED EXEMPTION (RE) QUESTIONNAIRE Please type or print your responses to the following questions on a separate sheet of paper. 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. (Example - (Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached,( or(Water will be provide by a well (Well Permit# 12345 is attached.() b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. (Example - (Four (4) shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached,( or(The parcel was purchased with no water rights.() 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - (Sewer service will be provided by Anytown Sewer and a (Commitment to serve( letter from Anytown is attached.( or (An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements.( or (A copy of the existing Septic Permit and appropriate copies(#123456789) are included with the application.() 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. (Example - (The parcel has one farmhouse, one mobile home for the hired hand (permitted under Mobile Home Permit # ZPMH-123), two barns, a one loafing shed. The north half is currently used for pasture for approx. One hundred head of cattle and six to ten horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.() 4. A description of the location, size, present and future use of the area where the proposed new lot(s)will be created. (Example-'The new lot will be approx five acres in size and located west of and adjacent to CR. and the north boundary of the property. It is being created to be sold for a single family dwelling site.") 5. A statement describing any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example - (The ABC ditch runs diagonally across the southeastern quarter of the property.() 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than thirty-five acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. (Example-(No building envelopes are requested() 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - (USR 1234 for my concrete business will be vacated as I am retiring. My son is moving the business and equipment to his property outside of Weld County.() ( N N Exemption Questionnaire For Tim and Gail Powers 4610 Weld County Road 36 Platteville, CO 80651 1) a) Domestic water use. There is a water tap currently on the property for that parcel which is being used. It was purchased from Little Thompson Water District on November 30, 1999,tap number 5666. (see attached permit) b) There is no irrigation water on that piece of property. 2) There is a septic system on the property. Enclosed is a copy of the final permit, Number sp-0000035, dated 2/1/2000 from the Weld County Public Health and Enviroment Dept. 3) The parcel has a modular home on it which we have filed each year a medical hardship permit through the county and Wendy Ioles. There is a barn just on the west side of the modular home with equipment and storage for hay. The property is fenced off. 4) The lot is currently 2.5 acres and we would like to exempt off 1.2 acres with the modular home on it and the other 1.3 acres will have the house on it. This is to be used as a single family dwelling. 5) There is an under ground ditch that runs on the north side of the modular. It runs parallel to Road 36. 6) No building envelopes are requested. 7) There is no business on the property only a medical hardship permit which will be vacated with the exemption. ** There is electric there already and it has its own meter through United Power in Brighton. N M Tap No. LI11'LE THOMPSON WATER DISTRICT Domestic Water Agreement This Agreement made this day of ,19 -. by and between Land Owner,Hereinafter referred to as User,and LITTLE THOMPSON WATER DISTRICT, a statutory water district, herinafter referred tows the District.is upon the following terms and conditions, for the property and water tap shown below: Legal Owner of Property: street Address of Property: - - ': . _. <. LTWD Tap No: Purpose of Domestic Water Service Residential Single Family;Multi-family;.Commercial;or Other(describe) WHEREAS the District is the owner of facilities for the purpose of furnishing Domestic Water to users within said District and WHEREAS the user is desirous of obtaining domestic water for his property, NOW THEREFORE, the parties hereto agree to the following: 1. This agreement shall be the binding contract between the User and the District. 2. User hereby agrees to pay to the District such sum as may be prescribed from time to time by the Board of Directors as the water rate or charge for such water service.Payments shall start when the District installs the tap and water is available for delivery.A minimum payment,as prescribed from time to time by the Board of Directors of the District,shall be due and payable regardless of water use. 3. Until paid,all rates,tolls,or charges shall constitute a perpetual lien on and against the property served,and any such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchant's lien. The District shall shut off or discontinue service for account delinquencies or other violations of the District's.Rules and Regulations. 4. No water service may be obtained except upon property included within the boundaries of the District. User agrees to include the property served within the District,if this has not been previously accomplished.User further agrees that he will not permit other persons to use water furnished to him under this agreement. S. District agrees to furnish water to User PROVIDED,that the District shall not be liable for loss to User for failure to deliver water because of war,riot,insurrection,breaks in the water system or Acts of God_The District shall endeavor to repair all breaks promptly on District lines. 6. User agrees to abide by such other rules and regulations of the District regarding the use of water as may be established from time to time by the Board of Directors. 7. The user's name and billing address for all statements and notices is: Phone: IN WITNESS WHEREOF the parties have subscribed their names the day and year first above written. LITTLE THOMPSON WATER DISTRICT BY: - (Signature of Land Owner) LTWD Form 120 (Rev.April, 1986) LITTLE THOMPSON WATER DISTRICT WATER TAP APPLICATION TAP NO: TO:Board of Directors,Little Thompson Water District Application is hereby made far domestic water service to the following described property Legal Owner of Property. - Street Address of Property Town and Zip Code Subdivision: Lot No: Block No: &aiun: Township: North, Range: West of the 6th P.M. County: ` - Applicant understands that if this application is not accepted by the District,or in the event the applicant decides to withdraw this application for water service prior to installation,the tap fee will be refimded to applicant,with the exception of any actual expenses which may be incurred by the District in processing this application. Meter Size Tap Fee 5/8" 3/4" 1" 1.5" 2" Notes: Tap sizes larger than 2"will be charged a fee as set by the Board of Directors. TAP FEE IMPACT FEE SPRINKLER TAP FEE Applicant understands that property must be included in the District boundaries for service and agrees to finish a complete written legal description of the property served prior to tap installation,if so requested. If application for service is accepted,applicant understands that the water service is subject to the rules and regulations of the District,as currently established,or as may be modified in the future by the Board of Directors. A copy of the rules and regulations for the District is available for the applicant,if desired. Applicant certifies that final lot grade will be established prior to installation. The District will not be liable for the expense of a meter relocation if required after installation due to a change in lot grade, (Signature of Legal Owners) (Signature ofAppacant) . `(Street Address) FOR DISTRICT OFFICE USE ONLY (Tenn and Zap Cade). Tap Number. Area: - Tap Fee Rec'd: (TcicphoncNumbcr) Land Included in District District hereby acknowledges receipt of Meter Book: $ Map Number. Node Number: Date Tap Installed Job Order#: District Representative— Date WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17Th AVENUE GREELEY, CO 80631 PHONE(970) 304-6415 FAX (970)304-6411 Permit#: SP-0000035 Sec!Pwn/Rng: 11-3-68 Status: ISSUED Owner: OWENS FARM Applied: 01/19/2000 Applicant: POWERS GALE Issued: 02/01/2000 Permit Type: RNEW C Commercial,R=Residential+NEW,REPair,VauLT Finaled: Parcel #: 1207-11-0-00-088 Location: TBD 1-25 TO MEAD EXIT N ON FRNTGE ROAD Legal Description: Installer: Description: HOUSE Commercial: N Residential:Y Acres: 38 #of Persons: 3 Basement Plumbing: N #of Bedrooms: 3 Bathrooms- Full: 2 3/4: 0 1/2: 0 Water Public: Y Water Source: LITTLE THOMPSON Water Private: N Cistern: N Well: N Well Permit#: Percolation Rate:8.7 Limiting Zone: 8 ft 0 in Description % Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y Engineer Design Required: (Y/N) N In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers Septic Tank: 1000 gallons Absorption Trench: 495 square feet or Absorption Bed: 645 square feet Actual Installation Septic Tank: l 7 gallons Absorption Trench: square feet Absorption Bed: "7-Z--o square feet Design Type: C .A NOTICE The issuance of this permit does not imply compliance with other state,county or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted persuant to Article 10,Title 25,CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). Thispermit is not transferal*, The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. q-1 Environmental Health Specialist Date Point S_FINAL Exemption Questionnaire For Tim and Gail Powers 4610 Weld County Road 36 Platteville, CO 80651 illMettilnio.tee,;., 1) a) Domestic water use for the house is through Little Thompson Water District which was purchased, August 14, 1997, tap # 4842. (see attached permit) b) There is no irrigation water on that piece of property. 2) There is a septic system on the property. There is a"Statement Of Existing For Septic System", SE #-0100026, dated on February 27, 2001, and final inspection on 3/1/01 attached. 3) This parcel has a farmhouse, and barn for the horses and hay. We have 3 horses. The barn is just on the east side of the house. It is all fenced off. 4) The lot is currently 2.5 acres. There is our house and my mom's modular on the same property. We are trying to keep 1.3 acres with the house and 1.2 acres with the modular. The modular is currently filed as a medical hardship, and we would like to change the use To a permanent residence. Both modular and house each have their own electric meters, septic systems, and water taps. They will both be residential properties. 5) There is a ditch, the McKay ditch line that runs on the north side of the house,just parallel to road 36. 6) No building envelopes are requested. 7) There is no business on the property only the medical hardship permit on the modular which will be vacated with the exemption it WE TV DEPARTMENT OF PUBLIC • SE# SE - C)I 0 0 o>t c./,�'e'' 4i %., ici,l1f HEA� MTVH AND ENVIRONMENT ORG PERMIT# �j 1555 N. 17Th AVENUE REPAIR# , IIIR GREELEY, COLORADO 80631 LOAN# Wi I PHONE: (970) 304-6415 ISDS# C) I U a FAX: (970) 304-6411 COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE FILL OUT IN BLACK INK ONLY) PARCEL/4 \114(11\\ (-,t C) r PROPERTY OWNER Vic\,(\C,\ �F\l±.(-m PHONE NO. 1-rYJ) � ��o 4," . MAILING ADDRESS \�-72).0 �\6 C\\�r' ; Q 4'\`�\\0 CO4 a City State Zip DESCRIPTION OF BUILDING (ex. house, mobile/modul r home,shop, office)\`:Vii? SITE/LOCATION ADDRESS\\�> V:+:/tQ c,, Q\CAs P\\ \‘.C.'_ ,_ c ? f \ City State Zip LEGAL DESCRIPTION PTc..E E . PT SECTION \\ TOWNSHIP -3 RANGEK(`', SUBDIVISION LOT BLOCK FILING CENCUS TRACT LOT SIZE/ACRES .2., COMMERCIAL YES / _O` \ RESIDENTIAL/NO ONS NUMBER OF PERSONS-- --1 BASEMENT PLUMBING YES /NO i BEDROOMS BATHROOMS FULL -., 3/4 1/2 WATER SUPPLY PUBLIC tY.ES,/NO UTILITY NAME \ \V(M PRIVATE YES /NO CISTERN-NTS/NO WELL YES/NO WELL PERMIT# SYSTEM SIZE: Septic tank material is constructed ot•C\;CSC((,\\\ P and has .ri gallons capacity. FIELD: Trench square feet or Bed i 96 t) square feet YEAR INSTALLED ? You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate location, length,width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed,as described, and fists at this time on the parcel of ground identified by the above legal daeziption and further states that the systet t ieis not in good working order and to the best of his/her knowledge is* not ailing to function properly. I further understand that any falsification or misrepresentation may result in revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. 2-27-01 . r/y gilea / 447,0 A DATE OWNER Subscribed and sworn to before me this ,? 7711 day of l-P A rci 0 ly , 1-99.R07( by / iyvk I' en-ci-e_r=� - -- _. -.... Witness my hand and official seal. My commission expires: /-/S--(911 .9 -77-CP)l Le-c-c (I• L-0e 7 DATE NOTARY PUBLIC U STATEMENT OF EXISTING REVIEWED BY 7/1(11(6' �� D ENVIRONMENTAL HEALTH SPECIALIST a:tiiiii-6 JitINDIVID oEWAGE DISPOSAL RE ES'T NO. : ,) 1 - c). ;, SYSTEM EVALUATION RECORDED EXEMPTION NO. : WiiP 0 DATE RECEIVED: 7 RECEIVED BY: -es/ - COLORADO FEE $90 . 00 : ;4. p DATE INSPECTED : -j-C> j f JJ OWNER: I`'O V L.C fl / f � PHONE: ( � ,.� _:� c h/ � i . MAILING ADDRESS: 1-1 lofC) (1 dam. 3 /-�IC. H -,'. ,. r l �(.-- - ! f (1 ,:" w)/ I CITY ;� STATE _ ZIP SITE ADDRESS: H I52 /L- "mac_' i in , / c 3. , I 'F' -_ i - t�� L _ r CITY STATE ZIP _ LEGAL DESCRIPTION: PT: PT: SEC: / I TWN: 3 N RNG: -, r' SUBDIVISION: LOT: BLK: FLG: t WATER SUPPLY: L! �'i �l i RESIDENTIAL/COMMERCIAL TOTAL ACRES: -="• PERMIT ON RECORD: Name: E� k C'I I� : �'/1 I )v 4r_-<.- Permit No. : `C -''_. 'S.O:E)✓ES//NO c' System Size: Tank: "2'U gallons Trench: square feet Bed: L'''' ''-' square feet Percolation Rate: ) minutes per inch Soil Type: t-ne.„7_2L.`; Engineer Design: YES, Percent Ground Slope: Direction: The septic system identified above2 [ of sufficient size to accommodate the proposed alterations (s) indicated below to the structure(s) served by this system. c /D -S-Z-o/ CURRENT FLOW ADDITIONS PROPOSED TOTAL Description: '' ' rl.4a Description: ��.)�., Description: Persons: 1.,> Bedrooms:_, Bathrooms: cA — L Basement Plumbing: C) The isting system is I RECOMMENDED eve the fo ations made to ac mm da he propo erations to t ucture(s) served: Neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing (S.O.E. ) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. • • Tap No. z` -4O1 LITTLE THOMPSON WATER DISTRICT Domestic Water Agreement /// This Agreement made this /4 day of (brt ,19 97 by and between e4Lt,(c D ��^ ��`^-' Land Owner, Hereinafter referred to as User, and LITTLE THOMPSQN WATER DISTRICT, a statutory water district, herinafter referred to as the District, is upon the following terms and conditions, for the property and/ water to shown,beelow: Legal Owner of Property: _/� I LAICA/,/ �Q�//..�`1(i�t-L/l�� Street Address of Property lZQj2Jo /t/tited i O s�� G�J Town and Zip Code: 31,00 Y�tTUE �f CP C �(,61t1� r�7LT�W�D Tap��, No: -4(l zt; Purpose of Domestic Water Service: h-F./) S 7A rte !"/,�r'Yl Residential Single Family; Multi-family; Commercial; or Other (describe WHEREAS the District is the owner of facilities for the purpose of furnishing Domestic Water to users within said District:and WHEREAS the user is desirous of obtaining domestic water for his property, NOW THEREFORE, the parties hereto agree to the following: I. This agreement shall be the binding contract between the User and the District. 2. User hereby agrees to pay to the District such sum as may be prescribed from time to time by the Board of Directors as the water rate or charge for such water service. Payments shall start when the District installs the tap and water is available for delivery. A minimum payment, as prescribed from time to time by the Board of Directors of the District, shall be due and payable regardless of water use. 3. Until paid,all rates,tolls,or charges shall constitute a perpetual lien on and against the property served,and any such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchanic's lien. The District shall shut off or discontinue service for account delinquencies or other violations of the District's Rules and Regulations. 4. No water service may be obtained except upon property included within the boundaries of the District. User agrees to include the property served within the District, if this has not been previously accomplished.User further agrees that he will not permit other persons to use water furnished to him under this agreement. 5. District agrees to furnish water to User PROVIDED,that the District shall not be liable for loss to User for failure to deliver water because of war, riot, insurrection, breaks in the water system or Acts of God. The District shall endeavor to repair all breaks promptly on District lines. 6. User agrees to abide by such other rules and regulations of the District regarding the use of water as may be established from time to time by the Board of Directors. ,, ,�-,GJ,� 7. The user's name and billing address for all statements and notices is: c �.ie-i./ -Pr J W / / ti/Pi®C C „ co g6� Phone: e73 - 4c--1 r• IN WITNESS WHEREOF the parties have subscribed their names the day and year first above written. LITTLE T_ H SON WATER DISTRICT BY: a,„ (Signature of Land Owner) LTWD Form 120 (Rev. April, 1986) • • 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 �tt Road File#: Date: \1 • 1• RE# : Other Case#: 1. Appti ant Name �- 90\)..)Q,(S Phone O1 Iv- c3-'35 -4 Address 180\D CiCityQ\G,APu �\.F Stated() Zip �,cS� 2. Address or Location of Access Ct («c. \.O Section Township Range Subdivision Block Lot Weld County Road #: \n Side of Road jCJ Distance from nearest intersection t a 'Mk`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. Si Sketch ...,««,«.«..............«««..,....«..,««.«.».»«,«,««.«,». ,«.«,,,,.,,,,«.«..»»«,«,«.«.,., Legend for Access c Description: 9 � AG = Agricultural Residential • O&G = Oil&Gas D.R. = Ditch Road ❑ = House O = Shed A = Proposed Access n + = Existing Access 1 I tun n 1.5 rn,\ecs b OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: (� ( \r, it �0\C Lam!, 75,, --7\c c,' \\g. , Qc -Pct k G i I' 1. Zcc ,-i\c !1 1 i (L, , 4, 0 ; \L .i`iaor\ •; \ta; \ \OC\L-\L \ !Veld County Treasurer Account Parcel Number Receipt Date Receipt Number R3925605 120711100102 Jun 4, 2009 2009-06-04-batch-0072 POWERS TIMOTHY O& 4610 CR36 PLATTEVILLE,CO 80651 Situs Address Payor 4610 36 CR WELD 000000000 Wells Fargo Legal Description PT NE4 11-3-68 LOT A AMD REC EXEMPT AMD RE-3005 (.30R) SITUS: 4610 36 CR WELD 000000000 Property Code Actual Assessed Year Area Mill Lev) AG-GRAZING LAND-4147 27 10 2008 2309 79.2E FARM/RANCH RESIDENCE-IMPS -4277 210,638 16,770 2008 2309 79.2E OTHER BLDGS.-AGRICULTURAL-4279 3,949 1,150 2008 2309 79.2E Payments Received Direct Deposit Multi-Account Payment Bank Account 1 Payments Applied Year Charges Billed Prior Payments New Payments Balance 2008 Tax $1,421.66 $710.83 $710.83 $0.0( $710.83 $0.0( Thank you for your payment all payments subject to final bank clearance • Weld County Treasurer • Account Parcel • Number Receipt Date Effective Date Receipt Number R3925605 120711100102 Feb 26,2009 Feb 24,2009 2009-02-26-batch-0006 POWERS TIMOTHY 0& 4610 CR36 PLATTEVILLE,CO 80651 Situs Address Payor 4610 36 CR WELD 000000000 Wells Fargo Legal Description PT NE4 11-3-68 LOT A AMD REC EXEMPT AMD RE-3005(.30R)SITUS.4610 36 CR WELD 000000000 Property Code Actual Assessed Year Area Mill Lt AG-GRAZING LAND-4147 27 10 2008 2309 79 FARM/RANCH RESIDENCE-IMPS-4277 210,638 16,770 2008 2309 79 OTHER BLDGS-AGRICULTURAL-4279 3,949 1,150 2008 2309 79 Payments Received Direct Deposit Multi-Account Payment Bank Account 1 Payments Applied Year Charges Billed Prior Payments New Payments Bala, 2008 Tax $142166 $0.00 $710.83 $710 $710-83 $710 Thank you for your payment all payments subject to final bank clearance • • REFERRAL LIST Name: Timothy&Gail Powers Case#: RE-4989 County Towns &Cities Fire Districts Attorney Ault _Ault F-1 x Health Department x 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 Ann _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest x Mountain View F-10 Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil &Gas Conservation Commission x Mead _Wiggins F-18 _ _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66(Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _x_Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs x School District RE-1J USDA-APHIS Vet Service x Little Thompson Water _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm I Referral List a ia - 41 B7 Name: 1 1v"ro'L. y- Gal IIIIFS se# County Towns&Cities Fire Districts Attorney Ault AultF-1 K Health Department A Berthoud Berthoud F-2(Will chorea) Fxtension Office Briahton Briaasdale F-24 Fmeraencv Management Office-Ed Herrinn Dacono Briahton F-3 Sheriffs Office Faton Eaton F-4(Will charae SI X Public Works Frie Fort I uoton F-5 Housing Authority Fvans Galeton F-6 ��y.,Airport Authority Firestone Hudson F-7 '/T Building Inspection Fort I uoton Johnstown F-8 2<Code Compliance-Beth K Ann Frederick LaSalle F-9 Garden City )< Mountain View F-10 Kim Ode(Landscape Plans) Gilcrest Milliken F-11 I in or Peaav(Addressing Chance of 7nnel Greeley Nunn F-12 Ambulance Services Grover Pawnee F-22 State Hudson Platteville F-13 Div of Water Resources Johnstown Platte Valley F-14 Geological Survey Keenesbura Poudre Valley F-15 Department of Health Kersey Ravmer F-2 Department of Transportation I aSalle Southeast Weld F-16 Historical Society LochhniP Union Colony F-26 Water Conservation Board Lnnamont Western Hills F-20 Oil&Gas Conservation Commission X Mead Wiaains F-18 Division of Wildlife Mi0iken Windsor/Severance F-17 South Hwy 66(Loveland) New Ravmer North Hwy 66(Greeley) Northalenn Leaal Division of Minerals/Geology Nunn Parcel ID# Soil Conservation Districts Pierce Zone Acres? Bia Thompson Platteville USDA Boulder Valley Severance Aircnrt Briahton Thornton GPO Haz Centennial Windsor FP's Panel# Fort Collins Counties Road Imnact Fee Area? Greeley Adams (SW#1 #2 #3 Windsor 1 X Lonomont Redder IGA' ORD# Moraan Broomfield MI ID7 _Platte Valley _Southeast Weld Other _West Adams _Central Colo.Water Conservancy Dist X z -f ittj—rko✓-t so r Federal Government Agencies _Left Hand Water W0..5 3 ,S$c;c t _US Army Corps of Enqrs X School District RE- I C--C) USDA-APHIS Vet Service _Art Elmquist(MUD Area) _Federal Aviation Admin(Structures over _Ditch Company, over 200 ft or w/in 20000 ft of Pub Airport Commissioner _Federal Communications Comm ' Weld County Referral O DP', 2 3 2f?9 December 22, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Timothy&Gail Powers Case Number RE-4989 Please Reply By January 22, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot A AmRE-3005; Located in Part of the NE4 of Section 11, T3N, R68W of the 6th P.M.,Weld County, Colorado. Location South of and adjacent to CR 36 and approximately mile east of the East I-25 Frontage Rd. For a more precise location, see legal. Parcel Number 1207 11 100102 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. • Please notify me of any public hearings regarding this request. Comments: Signature 4,1- � ��S �� / ' I f-I O Agency 1 (A b( - Date +Weld County Planning Dept. 0918 101h Street Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498 fax r • WELD COUNTY ROAD AI:CESS INFORMATION SHEET Weld County Der.artment of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-400( x3750 Fax: (970)304-6497 i ;k Road File#: Date: • `1- RE#: Other Case#: 1. App nt Namee m1 CA C� \ 0-°('-(S{} ,\ Phone _d`IO- SAS �oCbv Address Q `WC - )\.O coC)\C,c\\P6 \ e State Zip V kCS, 2. Address or Location of Access [On- Section Townshi Range—_ Subdivision Block L a Weld County Road It- 3\n Side of Road_5e.)\(\- Distance from nearest intersection 3. Is there an existing access to the property? l es ✓ No #of Accesses 4. Proposed Use: ( Permanent ( Residential/Agricuttural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other ******f#NtN4t444HtN******************ttNtttN***********fH*NN*Htt*t****tt*H4tlt ff}M*H �1******ff*fll***** 1f1Hf1N 5. Site Sketch • Legend for Access Description: AG = Agricultural L_ RES = Residential Vl�t�Z O&G = Oil&Gas D.R. = Ditch Road ❑ = House `! = Shed A = Proposed Access '-• ,.() + = Existing Access • 4 to —) Ila(rk 11 5 rn 'e5 Iva c2 r) ('J OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert— Size Length Special Conditions ❑ Installation Authorized Information Insufficient Reviewed By: Title: ( • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-400( x3750 Fax: (970)304-6497 ix Road File#: Date: k2-• ``L-a_._ RE#: Other Case#: C\-loIA aC6C6 1. App nt�Name ‘ \-C(\ ��a^\ Nc)-(S Phones , 53S Address C Q- C�'Itryy 1'`�� `iii\) \) P u .\\ State„' Zip tJ" c ' 2. Address or Location of Acrocc C L- I f Onci "a-,n Section Township Range Subdivision Block I Weld County Road#' 3\O Side of Road_)(ta Distance from nearest intersection a cn' 3. Is there an existing access to the property? N es ✓ No #of Accesses 4. Proposed Use: ( Permanent ( Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other •m******tttttttttttttt tart. ISM***********t*.**m«m******ftf[tl*.********t« » N_ 1*** *****•*** 5. Site Sketch • {9 \) Legend L__for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road ❑ = House `! O = Shed A = Proposed Access • ÷ .=. Existing Access C IA rY Ilan 13/4, ,,•,-.\, ko Q' OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert— Size Length Special Conditions Installation Authorized O Information Insufficient Reviewed By: Title. P ( L \ Q. 3.o '-cAcyAc \\Q. , Qc c-4) : 1 1 OF \cam X5 .\1 4 c I i 4_ - i � s.G� cs ,�c�v�v `��c� "v� 3,±:i). � = -yam ci�5. \\CkVi• etCN s\- ' '`I. \ 0- (--,r k \ '.\u-N \y4-. "Qii\ ')k 3L4) soc\ 1c"' e �t `M \\ \ 0:0(‘ - \ .a ,(\ Memorandum TO: Chris Gathman, W.C. Planning win e. DATE: January 21, 2010 FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4989 NAME: Powers Environmental Health Services has reviewed this proposal to exempt 1.2 acres from a 2.5 acre site. Proposed lot A will consist of 1.2 acres and proposed lot B will consist of 1.3 acres. There is an existing residence on proposed lot A which is served by Little Thompson Water District (tap 5666) and an individual sewage disposal system (SP- 0000035). Proposed lot B also contains an existing residence which is served by Little Thompson Water District (tap 4842) and an individual sewage disposal system (SE- 0100026). The following condition is recommended to be part of any approval: 1. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. Additionally, please note the following: 1. 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. • • rA/i,(etal ‘H Memorandum TO: Chris Gathman, W.C. Planning 1 DATE: January 21, 2010 • FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4989 NAME: Powers Environmental Health Services has reviewed this proposal to exempt 1.2 acres from a 2.5 acre site. Proposed lot A will consist of 1.2 acres and proposed lot B will consist of 1.3 acres. There is an existing residence on proposed lot A which is served by Little Thompson Water District (tap 5666) and an individual sewage disposal system (SP- 0000035). Proposed lot B also contains an existing residence which is served by Little Thompson Water District (tap 4842) and an individual sewage disposal system (SE- 0100026). The following condition is recommended to be part of any approval: 1. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. Additionally, please note the following: 1. 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. ':'' h a 4 8 • " e La k1 ', as 4° Catk 11) ctl 2� � C� W SFt 12-X6O VIOL, elf J 2 • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES The HERITAGE TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot A of Amended Recorded Exemption No. 1207-11-1 AMRE-3005, according to the map thereof recorded June 30, 2005 at Reception Number 3299119, being a part of the Northeast Quarter of Section 11, Township 3 North, Range 68 West of the 6` P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): j Reception No. 1161258 Book 1365 Page 23 J Reception No. 1854780 Book 933 J Reception No. 2129174 Book 1184 J Reception No. 2276746 Book 1324 J Reception No. 3222949 d Reception No. 3251900 Reception No. 3251904 f Reception No. 3251909 J Reception No. 3251910 ki Reception No. 3251911 J Reception No. 3251912 Reception No. 3251913 Reception No. 3251914 Reception No. 3251915 J ,Reception No. 3251916 Reception No. 3282720 N, Reception No. 3299119 y Reception No. 3302868 v Reception No. 3365322 The 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 of Title and the liability of HERITAGE TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, HERITAGE TITLE COMPANY, has caused this certificate to be signed by its proper officer this 30th day of November, 2009, at Fort Collins, Colorado. Heritage Title Company Order No. H0263715 By: e i— V "" Authorized Signature • 1.1 TitleHeritage Company 'staking'Iiansactionc Personal Heritage Title Company 5586 West 19th Street,#1800,Greeley,CO 80634 1 To: For Sale By Owner Pay Invoice No.: 80011371 Gail Powers Master Invoice No: 58611 4610 WCR 36 Date: 12/11/2009 Platteville,CO 80651 Our No.: H0263715.459.820-GRO Customer No.: Reference No.: Seller. 3uyer: Powers,Gall M. )perry 4610 WCR 36,Platteville,CO 80651 Marketing Rep: [32]House Account dress: :::ustomer Id No.: 772878 comments: nvoice Generated by: Lynn Vance Code Description I Amount N Certificate of Conveyances $220.00 $220.00 • C _ \ I ! , j c •, L�/�.L..Ii ! 'J / j i c, . v I i 7 LM 17 Total Invoice Amount $220.00 PLEASE REFERENCE THE INVOICE NUN BER/OUR NUMBER ON THE CHECK OR REMIT PAYMENT WITH A COPY OF TF IS INVOICE TO THE ABOVE ADDRESS TITLE DEPARTMENT-DELIVERY TRANSMITTAL ie Heritage 5586 West 19th St. Suite 1000 41 Title Company Greeley,CO80634 Phone: (970)330-4522 Fax: (866)828-0844 UPDFILE NUMBER: 4593 l0,263.715-n20-O(O DATE: December I I, 2009 PROPERTY ADDRESS: 4610 AACR 36, Plancvillc.CO S065 I BORROWER: Gail M. Powers and Limmhy O. Powers PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: TO: Gail Powers PHONE: 4610 WCR 36 FAX: Platteville,CO 80651 E-MAIL: NO.OF COPIES: I ROUTING METHOD: pick up ABOVE IS A LIST OF CLIENTS TO WI-IOM TIIE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS,PLEASE CONTACT heritage Title Company AT THE ABOVE PHONE NUMBER. WE SINCERELY TIIANK YOU FOR YOUR BUSINESS. + ` .r ♦ �2..'° U Aual'g1953 .cal roe 23 8seowe c .. o dloolcti#g j�, , 'RaooDllan 2J .aasaaLl ,;. Recorder. • FILING STAMP e s 1iNEN 'blade this 2nd day of Ju2 /. . .at the year of cop Lord one thouannd nine hundrod and Fifty-three • -ry1W15 tm4 Doke of County of Weld and Btato of -Coierili ,-of the first part,and i °eerie W.''Owen acid Doris W. Owen, also known as Doris Owen of She County of Weld nod Statetn.l eofr Con of the of fvcunJ part: WITN6BBn7D,-flat the add part y of the first port,for and in tvnslJeratlon of the sum of ' TEN AND NO/100 Z DOLLARS, to the said party of tho Orel part in hand--.paid Eby the raid parties of the eoaond part, the receipt whereof is hereby'confessed and eoknowlodged, ha 8 granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convoy and confirm,unto the sold parties of tho second.port, not In tenancy 61 common but in.Jolnt tenancy,the survivor of them,their assigns and the heirs end assigns of such survivor forever, all lb.following described lot or parcel of land,situate,lying end being in the County of Weld end Mato of Colorado. tmwit, NP�r 8818 81 rnd a parcel of land in the WiSEI and SWde deecribed;as follows; 9oginning at the Southeast corner of the 9494 Sec. 111 thence-N 0.084 n W'.2647 ft. to the half Sec. lin running 1 and W'thru said Sec.; ehence S _89'15' W 3952 ft. along said half Sec. line to the Wi corner -of said Sec. 11; thence sly along the W line of sati 866. 150 ft; thence N 89.1§i-8.249 ft; thence duet 338 ft 1Veriation 14'25'8).; thence 9 36'201 E 1121] ft{thence 9 57'391 E'1b93 ft; thence s 58.55' 8:42 1 ft; thence N 13.151 8'519 ft; thence 8 '66'30' 8'576 ft; thence N 25'30' E 511 ft; thence S 18.101 8 950 ft; thence 85'154, 8 242 ft to the 8 line of said Sec.; thence N 89.30' E along said 9 • line 57$ ft to the POD; together with the right of way 100 ft in width connecting said prp`dtises With the reservoir tor steak purposeoe which right of way shall be pernatdiaalar to the above mentioned course running S 18.10' E 950 ft from the 'at oorneriAtf iOadh right of*Ay the SE corner of 9W}9E of acid dec. 11 bears 8 5.151'8 242 ft; thence N 89'30' E 575 ft, all'of the above described land being lhSee.'11 Top.-31N., figs 68 Weet of 6th P.N. 109111400 n19 a4 TOGETHER with all sail41ngdlar lha`hmtlltanienta and appurtenances-thonunte bdlonging, or to;anywW appertaining and the reversion and nversiens,remainder and romelndors, rants,hullos and"pruato+t ersoA; and all the estate,right,title,lntaroStrel►im and demand whatsoovor of the said party •of iii.fink part,dither 4n law or equity,of,in and tothesbovs'bargnitted.premises,with the hereditament,ant.appurtenances TO DAVE AND TO HOLD the said premises above barbalnnd and desodbod,with Ho appurtenonees,'unto the said parties of the saaond.pert,the survivor of them,than assigns;and the holes and aggro of toch survivor,for- over. And the said party of the.first part,for 'himself , his heirs,-eauoutore, and:admlmstn•. ton does oovenant,.grent,bargain and egret to and witlrtho said paellas of-tho-*stead,pm%tho:eurslvor of thorn,their assigns and thdfioin.snd.asslgnsof suet.survivor,.tbnt at the time of-the-onsonfing and adlivary ethe.e presents, wdli salaod of tha'promises.nhow,aonvoyed,.as of good,sun,ported,absolute and inde- feasible estate of.Inheritance,:inlaw,dn foe simple,,and hag good right,.full.powor and lawfdi authority-to.grant, 'bargain,sell nnd.eonvoy lite Immoin:memos and fermmtoron id,.nntthat the same aro free anlbeloar from:all former and other.grants,bargains,soles,liens,taxes,assessments anti ineuntbsanods of Whatovor'kind or nature sower, and the above hargmned pramlaoe let tho twist and peaceable possession of-the said parties of the second part,the survivor of thorn,their assigns awl the begsend assigns of oath survivor,against all and ovary.parson or persona lawfully Maiming or to plain the wholo-or.city,part tharenf,the said party of ties first part shall and will WARRANT AND FOREVRR--DEFEND, IN WITNESS WEDDED!"the told DAMS' of the first part has hereunto set his hand and 'anal ----the day and year first above written, n.rt ,ar, gslikalsd an oo d Delivered In tho`?reson of ........._...L!�'—�' [SEAL] N MALI {WEAL] • . STATE OP COLORADO, I. t t , ,4 [ 'I"'.County of ,e-„'rea..[.tJ i}to, • The foiegoing instrument was ndhno otigee,g before me this %Very=,: day of�wr,.t.i A. My commission expires „ ID .Witness myhand and official seal. My Gommiwlon tapirs'Novembor 24, S51 Norm balls. No..pf1,WARRANTY 0110.--T•Jebl Tesest-T,geWsss*flw-na:Co,Mts.Wlwn',Mal shah,NH Stan Ri.,Dawn IRAN tifr'bynetural panes or eenepss hue Inert Rum orwin wins it t,,l arantaefln■-Ih nprusmunve fir offl mpa nolty ore pmlom btnm•Iw4 thee meat name,outgrow non es mouton elmm 10355 yralh r tapsetty or deserlp ienI if oyI'crone of ear• •rives d aadaefl n\me-or aaOXgff wr or owners as tae'preatesit or omar offlenar sYCX corporation,earn laati.-•Nokioni pmssi,aesld*sm. 933 • $°�.. o ock APR 1 01981 1854 780 `J)V. Rec.No.---`—_..._..... WARRANTY DEED. State of Colorodo. Ytl:: _panty Cork Cr arr.r:de, GEORGE W. OWEN and DORIS W. OWEN, whose address is 4506 Weld County Road 36, Platteville, County of Weld, State of Colorado, for the consideration of ONE AND NO/100 DOLLAR, in hand paid, hereby sell and convey to OWEN FARMS, a partnership, whose legal address is 4506 Weld County Road 36, Platteville, County of Weld and State of Colorado, the following real property in the County of Weld, and State of Colorado, to-wit: O Parcel 1. The NWIt of Section 11, in Township 3 North, of Range 68 West of the 6th P.M., cf' EXCEPT a 5 acre tract described as follows: Beginning at the NW corner of said ?4 Section 11; thence east along the north line of said Section 50 feet to the TRUE POINT OF BEGINNING; thence east along said north line 500 feet; thence south t), parallel to the west line of said Section 435.6 feet; thence west parallel tc ,4) the north line of said Section 500 feet; thence north parallel to the west line of said Section 435.6 feet to the TRUE POINT OF BEGINNING. Parcel 2. The McKay Lake which is a parcel of land situate in the SW1 of the SW/ of Section 2, in Township 3 North, of Range 68 West of the 6th P.M., covered by what is known as the "Parker Lake", described as follows: Beginning at the SE corner of said SW% of the SW2; thence north 380 feet; thence north 22'30' west 345 feet; thence west 450 feet; thence south 45° west 300 feet; thence south 22°30' west 150 feet; thence south 2.6°20' west 388 feet; thence east 1,025 feet to the POINT OF BEGINNING, containing 15 acres, more or less; also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefor, and the land � ,•' appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68, at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto. Parcel 3. That portion of the SWk and of the 101 of the SE% of Section 11, Township 3 North, of Range 68 West of the 6th P.M., described as follows: Beginning at the SE corner of the SW1 of the SE's of said Section 11; thence north 0°8' west 2,647 feet to the half section line running east and west through said Section 11; thence south 89°15' west 3,952 feet along said half section line to the west quarter corner of said Section 11; thence south along the west line of said Section 11, 150 feet; thence north 89°15' east 249 feet; thence due south 338 feet (variation 14°25' east); thence south 36°20' east 1,124 feet; thence south 57°35' east 1,093 feet; thence south 58°55' east 429 feet; thence north 13°15' east 519 feet; thence south 66°30' east 576 feet; thence north 25'30' east 511 feet; thence south 18°10' east 950 feet; thence south 5°15' east 242 feet to the south line of said Section 11; thence north 89°30' east along said south line 575 feet to the POINT OF BEGINNING; TOGETHER WITH the right of way 100 feet in width connecting said premises with the reservoir for stock purposes, which right of way is described in warranty deed from Doke to Owen, recorded in Book 1365, at Page 23 of Weld County records; EXCEPT a tract described as follows: Beginning at the SE corner of the 5WS of the SE1/4 of said Section 11; thence northerly along the east line of the WT of the SEA of said Section 11, 1,34U feet; thence west parallel to the south line of said Section 11, 918 feet; thence south parallel to the east line of the Wi of the SE's of said Section 11, 139 feet; thence south 18°10' east, 950 feet; thence south 5°15' east 242 feet to the south line of said Section 11; thence north 89°30' east along said 'ouch line 575 feet to the POINT OF BEGINNING. Parcel 4. The NEZ of the 5E' of Section 11, of Township 3 North, of Range 68 West of the 6th P.M. Parcel 5. The NE1 of Section 11, of Township 3 North, of Range 68 West of the 6th P.M. OA( • 933 1854160 a-a EXCEPT a tract containing 12.3 acres, more or less, described in warranty deed from George W. Owen and Doris W. Owen to Douglas K. Powers and Shirley E. Powers, recorded in Book 587, at Reception No. 1509095 of the Weld County records. Parcel 6. That part of the NWl of Section 12, in Township 3 North, of Range 68 West of the 6th P.M. described as follows: Beginning at a point on the west line of said Section 12, 21 rods south of the NW corner of said Section; thence south- easterly in a straight line to a point 119 rods south of the north quarter corner of said Section 12, on the north and south centerline of said Section; thence south along said line to the center of said Section; thence west, on the east and west centerline of said Section to its west quarter corner; thence north on the west line of said Section 12 to the place of beginning; TOGETHER WITH right of way for ingress and egress over and across the west 30 feet of the north 21 rods of said NWT . TOGETHER WITH all ditch and water rights pertaining to all said parcels; with all its appurtenances, and warrant the title to the same, subject to existing rights of way for highways, roads, ditches and utility lines, and further subject to existing encumbrances and any liens of any taxing districts and of the general property taxes. Signed this 1st day of April, 1981. George W. Owen. i e, t Doris W. Owen. STATE OF COLORADO, ) ) ss. County of )3oulder, ) 'PoZ. o.%b;ng;instrument was acknowledged before me this 1st day of April, 1981:W$y Gy rge;W;'Owen and Doris W. Owen. 4,My erittssio,f Expires July 27th, 1983. N4'ttness :gy' l9pil and official seal. of C� Notary Public. Send future tax statements to: Owen Farms, a partnership, 4506 Weld County Road 36, Platteville, Colorado 80651. - 2 - N R COED EXEMPT ON NO. 1207-f 1207-11-1-RE 1052 . ✓ N ti• ; Found #5 rebar in}, pipe Found #4 rebar with cap #2682 Weld County Rood #36 w C c 1462.05' \\ 692 27' .e If i'N'. 90°DD'OO' E. +1 499.59' X ARec.= 645 PNorth Quarter 30 ! j )' r-,9 'eg .* Meas.=646.37' nu Corner \ a ^ ( 0 °) .a 30' Ditch Easement ` 1 G , \rte Northeast Section ce (Usage on :0/29/87). •°ti ts Corner c Set IS of #4 rebar with 0 �1, yellow plastic cop stomped Q is 40 #22098 (Typical) Q Centerline of Railroad Right-of-way poi 1),C16 / 53 x� 43 /• ® N 00"E 00°OOH OO 75.97 Sup :J ® N.51°41'46°W. 156.0fi © N.86°4'' 43"W. 112.07' West Line of Northeast / ® N.60"3 59"W. 55.37' ,rf Quarter wT ® N.25°III 50"W 49:03 / jr ® N. 03°58'56°E 111.84' North Right-of-way Line of Railway /' SCALE: 1'=200' N 50 150 200 / 100 300 B 1184 REC 02129174 01/27/88 09:43 $9.00 1/003 F 0383 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO OWNERS: II so: _ 's -`!C GEORGE W. 8t DORIS W. OWEN /`,8l P l i• N 4506 WCR # 36 ___ . w"""4- mato _ V : $ . Platteville, CO 80651 • S '� L I a:. 9 " I ke 6laric)\ .�,�.Nit II 1946\ i% i \ \.—\ _ 'Sec._Yl, , R. BW.., VICINITY MAP SCALE: 1 = 2000' PROJECT NO.: 1987-216 DATE: OCTOBER, 1987 Jones-Wininger Greeley, Colorado 80631 Professional Surveyors 217 13th Street 303-3524700 °'MEET 1 .OE..3_ _ __ • • RECORDED EXEMPTION NO.1207-1 I-I-RE 1052 2a/ LEGAL DESCRIPTION �e9/1"9- br All that part of the Northeast Quarter (NE;) lying North and Northwesterly of the right-of-way of the Great Western Railway in Section 11, Township 3 North, Range 68 West of the 6th Principal'Meridian, Weld County, Colorado. B 1184 REC 02129174 01/27/88 09:43 $9.00 2/003 F 0384 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SURVEYOR'S CERTIFICATE I hereby certify that under my personal supervision that Lot A of this Recorded Exemption was accurately surveyed, that iron bars were found or set as indicated hereon, and that the foregoing plat is an accurate representation thereof to the best of my knowledge and belief. Crn`4Q!/!. " '�,p0 AEC%fj•e Charles B. Jones ', Z• /U • o, Colorado Register Professr•n ? 22-09$ r+ $ Land Surveyor #22098 i :o$ O6 'it 4 '•.....••.c.4%;eaJ `.:OA'At IMO _- OWNER'S APPROVAL We, the undersigned, being the sole owners in fee of the above described parcel do hereby subdivide the same as shown on the attached plat. George W. Owen The foregoing certificate was acknowledged before me this /.54-day 1987. Witness my hand and seal. 4 fCreilotilea4.2 My Commission Expires:,/a2:B9 Notary Public My Addresstiis: �D 1941'{ Y� O z1Lt/ 80.50/ • Q0 ACCEPTANCE This plat is accepted and approved for filing. Department Planning Servi ecto 4C The foregoing certificate was acknowledged before me this ?„,),„"day of o,.. 198$. Witness ::y hand and seal. La �� O®6a My Commission Expires: N ary Public • My Address is: My'L:m,:5:Coc:xrl-es•°ec '3.taw Q(S toyt._ Sy teem. 3.4 T— C\xxit.AsAdv C Sob3l • SHEET 2 OF 3 RECORDED EXEMPTION NO. 12O7-II-I-RE 1052 � LEGAL DESCRIPTION / Lot 'A' of Recorded Exemption No. 1207-11-1-RE 1052 A parcel of land being pact of the Northeast Quarter (NEe) of Section 11, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: BEGINNING at the Northeast Corner (NE Cor) of.said Section 11 and assuming the North line of said Section 11 as bearing North 9000'00" East with all other bearings contained herein relative thereto: Thence South 90°00'00" West along said North line, 692.27 feet to a point on the West right-of-way of the Great Western Railway. Said point is the TRUE POINT OF BEGINNING: Thence South 2922'15" West along said West right-of-way, 416.09 feet; Thence North 03°58'56" East, 111.84 feet; Thence North 25°11'50" West, 49.03 feet; Thence North 60°13'59" West, 55.37 feet; Thence North 86°41'13" West, 112.07 feet:- Thence North 51°41'46" West, 156.06 feet; Thence North 00°00'00" East, 75.97 feet to a point on the said North line of said Section 11; Thence North 90°00'00" East along said North line, 499.59 feet to the TRUE POINT CP BEGINNING. Said described parcel o£ land contains 1.919 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of records or as now existing on said described parcel of land. B 1184 REC 02129174 01/27/88 09:43 $9.00 3/003 F 0385 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO . .... . . .._._.. . SURVEYOR'S CERTIFICATE I hereby certify that this legal description was prepared under my personal supervision and that it is true and correct to the best of my knowledge and belief. .• Charles B. Jones //; 9 y. , Colorado Regist ed Prof=,sia122-09i1 M Land Surveyor #22098 • to '.3% @,W ,t"...ONAL LhN S.r • The following note added as per Weld County Planning Department: At the request of the Division of Water Resources, the following conditions and/or restrictions shall be conplied with: This well is for household use only. Use of this well for lawn and garden or livestock watering is prohibited. eHFcr .i_OF 3-- B 1324 REC 02276746 01/31/92 10:06 $10.00 1/002 P 1123 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED.Made this a?* day of WAW ,1992.between OWEN FARMS,A COLORADO GENERAL PAB7NE1 W,wtoseeddiesis4506 WeldCtw4 Road 36,Platteville,CO 80651 of the County of Weld and State of Colorado,grantor,and SMILEY E.POWERS whose legal address is 4920 Weld County Road 88.Platteville,CO of the County of Weld and State of Colorado,grantee, WITNESSETIL That the grantor.for and in consideration of the sum of (Exempt Under C.R.S.3942.104•Partnership Maceration)DOLLARS`the receipt and odsddeacy of ' which is hereby acknowledged,has remised,released,cold,convoyed and Qua CLAIMED.and by these presents does remise, release, sell, wry and QUIT CLAIM unto the grantee. her lane, momeems and twig's,forever,an the flat,title,rntcsest,claim and demand which the grantor ha ' ta and to the real property,together with improvements,Improvements,If any, 1yingaShgfnthe CuwSy of Weld and the State of Colorado.described as follows • AparceloflandbeingpartofLotB'(fRecordedExemptionNo.120711.1•RE1O52urecorded January 27. 1988 in Book 1184.as Reception Number 02129174 of the records of the Weld County Clerk andRewlderandbeingpartoftheNort eastQuarter(N2 /4)of Section ElevenWI,Tonwhip Three(3)North,Range Slsty-eight(68)West of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado and being more particularly dumbed as follow BEGINNING at the Quarter Corner common to Sections2/1141.3N911.68W. ummanentedbyaround 1'O.D.pipe with al5rebarimside with the Section Comerecu'monto Sections L2lii/12•T.SN.t€8W. as mamnmented by a farad 04 at with illegible yellow plastic cap bearing North 90'00'00'End • • (assumed)a distance of 2658.91 feet Said line being the basis of bearings for this dertEoa with all other bearings contained herein relative Scrota lb THENCE North 90'00'00'East along said North line of the NEW a distance of 250.14 feet to • the TRUE POINT OP BEGINNING. Saki point being monumental by a set 18'of 04 rebut with 1. yellow plastic cap stamped'JONES IS 22098'. Said MomameatType MD herein after refined •. to as N'1'/1: 02: THENCE continuing North 90.00'00'East along the North line of said NE1/4 a distance of 819.67 fret to a point being monnmented by Min It THENCE leaving said North line,South 01'48'48'Waste distance of195.18 feet toa paint baba mommeated by UM; I4: THENCE South 29'2W02'West a distance of 62.71 feet to a point king monumental UM; I& THENCE North 63.64'21•West a distance of 223.69 feet to a point being monamen6ad by 11TI1; • f& THENCE North 51'Inc Wet a distance of 62.86 feet to a point being mosnmmted by 3011; • THENCE North 18'54')1'West a distance of 124.97 feet to the TRUE POIINT OP BEGINNING Said described panel of land oo#ains 1.279 saes more or leas(±). Subject to tray existing roads,eammerds„ditches and rightswan if any.as granted or reserved by ink of record or as now existing on said deathbed parcel of land. 8 1324 REC 02276746 01/31/92 10:06 $10.00 2/002 F 1124 MARY ANN PEUERSTEIN CLERIC 6 RECORDER WELD CO, CO I ' '•' '' deo known by street sad number as 4610 Weld Comfy Road 36 TO HAVE AND TO HOLD the some,together with all sad elagobr the ayyoetenemee and • privileges th erriemto or is mpwlN theraoato appertaining,and all the estate,right,title interest ctrl elai®whets:we,of the grantor,either in law waxily,to the cab proper me,benefit and bob:dot , the grantee,her heirs and anima forever. IN WITNESS WHERE0F,The grantor has wended this deed on the data eat forth above. OWEN F A COLORADO,nn /n PAS General Partner STATE OF COLORADO ) )sa. Cooly of Boulder ) 'She bottoms:it was acknowledged before me this&q day of Jilithillitif, .h7 tti. OWEN off='` ;,�aoespiees•_ tPt L a3 ,199 Witness ray band aid official eeaL•7/ • i 4 '7.4' .. . k CL;C ' : ;owe_ ,... Notary Public 1 illlll 01111/9 111 Milli 111111011111111 III 111111111 III - .._ 1 of 1 R 6.00 D 0.00 Steve Weld no County, Glared Recorder _ __949 • I QUITCLAIM DEED II II• THIS DEED,dated August/5t, 2004 between SHIRLEY E. POWERS ' II • of the 'County of Weld and State of I I-, Colorado,grantor(,and OWEN FARMS, a Colorado General Partnership ' whose legal address is 4506 Weld County Road 36, Platteville, CO 80651 of the County of Weld and State of Colorado grantee($), I. WITNFSS,that the grantor(s),for and in consideration of the sum of DOLLARS. the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these II presents do es remise,release.sell and QUITCLAIM unto the grantee(s4, its heirs,successors and assigns forever,all ' the fight.title,interest,claim and demand which the grantor(h)ha s in and to the real property,together with improvements,if any, II ' situate,lying and being in the County of Weld and State of Colorado, described as follows: II I A parcel of land being part of Lot 'B' of Recorded Exemption No. 1207-11-1—RE1052 CI, il as recorded January 27, 1988 in Book 1184, as Reception Number 02129174 of the records of the Weld County Clerk and Recorder and being part of the Northeast 'I Quarter (NE}) of Section Eleven (11), Township Three (3) North, Range Sixty—eight ' (68) West of the Sixth Principal Meridian (6th P.M.), as more fully described • on Exhibit "A" attached hereto and incorporated herein by reference. I II also known by street and number as: 4610 Weld County Road 36, Platteville, Colorado assessor's schedule or parcel number: �I • TO HAVE AND TO HOLD the same,together with all arid singular the appurtenances and privileges thereunto belonging,or in anywise (hereunto appertaining,and all the estate.right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only I I proper use,benefit and behoof of the growers) its heirs and assigns forever. . IN WITNESS WIIEREOF,the grantor')ha s executed this deed on the date set forth above. Shirley E. owers III II VIII STATE OF COLORADO I I County of Latimer J I The foregoing instrument was acknowledged before me this /LA day of August ,2004 , by Shirley E GE RE 4F9r Witness my hand and official—seal. 0T�L a My commission expires: bpr -26 act 5 I I II •where appliceb 0 A I r y p+r�AUC•';/ \ monwm�. II - - —� B wxaa�w,nw c .nagkWbcrt �Iu mnhapwa Ins ta.a'— • No.93.1,Rev.4-94. QUITCLAIM DEED Bradford Publishing.043 Wane Si..Driver.CO 80202—53n3 5 292-1300—www.bndfordpublishing.cnm—402 • 1 • 1 11111 3261900 0111112006 02•48P Weld County,CO O 1 at 2 R 11,00 D 0.00 Steve 1111 Moreno!ill! Recorder QUIT CLAIM DEED THIS DEED,Made this 6th day ofJanuary, 2005 between Shirley E.Powers of the County of Weld and State of COLORADO,Grantor(s) and Owen Farm,LIP,a Colorado Limited Liability Partnership _�whose legal address is I C)O - nth --VG -j" sot of the County of Weld and State of COLORADO,Grantee(s) WITNESSETH,That the grantor(s),for and in consideration of the sum of TEN AND NO/100 DOLLARS,($10.00),the receipt and sufficiency of which is hereby acknowledged, has remised,released,sold, and QUIT CLAIMED,and by these presents does remise,release, sell and QUIT CLAIM unto the grantee(s),his heirs,successors and assigns, forever,all the right,title,interest,claim and demand which the grantor(s)has in and to the real property,together with improvements,if any, situate,lying and being in the County of Weld and COLORADO,described as follows: See Exhibit A attached hereto and made a part hereof. This is a deed to correct the deed recorded 9/28/04 @ Reception No.3222949 also known by street and number as:VACANT LAND Mead,CO TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges [hereunto 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),his heirs and assigns forever. The.singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all senders. IN-WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. hirley E Pow t s F 'Wt,\ ,P'' nit):tL .'C)/, STATE OF COLORADO %�'� COUNTY OF Weld }SS: bp CO''.. My t ommssion Expires 9/1912007 'the foregoing instrument was acknowledged before me this 6th day ofJanuary, 2005 by Shirley E Powers • Notary tic Witness my hand and official seal. My Commission expires: E�Z QCn_nLK `' Security Title Quit Claim Deed File No.S0015767 • 11111111111111111 111111111111111111111111111lit 111 3261900 01111/2006 02:48P Weld County,CO 20 2 R 11.00 0 0.00 Steve Moreno Clerk b Recorder Exhibit A Parcel 9: A parcel of laud being part of Lot'B'of Recorded Exemption No. 1207-I1-1 I-RE1052 as recorded January 27,1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven(I I), Township Three(3)North,Range sixty-eight(68)West of the 6'"Principal Meridian(6i°P.M.), County of Weld,State of Colorado and being more particularly described as follows: Beginning at the Quarter Corner common to Section 2/I I-T.3N:R.68 W,as monumented by found I"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections 1/2/11/12-T.3N.-R68W.as monumented by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00":East(assumed)a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90°00'00"East along said North line of the NE'h a distance of 250.14 feet to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped`JONES LS 22098'. Said Monument Type(MT)herein after referred to as MT#I; #2: Thence continuing North 90°00'00"East along the North line of said NE 1/4 a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line,South 01°48'48"West a distance of 195.18 feet to a point being monumented by:MT#1; #4: Thence South 29°29'02"West a distance of 62.71 feet to a point being monumented by MT#I; #5: Thence North 63°54'21"West a distance of223 69 feet to a point being monumented by MT 91; #6: Thence North 51°I8'34"West a distance of 52.86 feet to a point being monumented by MI'#1; 47: Thence North 18°54'01"West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. a When recorded return to: 111111110 1111 IMAM III 1111111 III 11111 III! (III pS� Rebecca Wilcox Dow, Esq. Holland & Hart LLP 3251904 01/11/2005 02:48P Weld County, CO P.O. Box 8749 1 of 11 R 66.00 D 0.00 Steve Moreno Clerk d Recorder Denver, CO 80201-8749 SPECIAL WARRANTY DEED THIS DEED, made and entered into this tilliday of January, 2005, by and between OWEN FARMS, LLP, a Colorado limited liability partnership f/k/a Owen Farms, a Partnership ("Grantor"), and the following limited liability companies as tenants in common, all of whose legal address is c/o Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, 515 Kimbark Street, Longmont, Colorado 80502-0978: DLO, LLC, a Colorado limited liability company, as to an undivided 30.005% interest, SEP, LLC, a Colorado limited liability company as to an undivided 30.005% interest, JLOH, LLC, a Colorado limited liability company as to an undivided 30.00% interest, and DEJDDE, LLC, a Colorado limited liability company as to an undivided 9.99% interest (collectively, "Grantee"): WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration ($10.00) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. 11111111111111111111111111111 III 1111111 III IIIII Ili/ IIII 3251904 01/11/2005 02:48P Weld County, CO 2 of 11 R 58.00 0 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GRANTOR: OWEN FARMS, LLP, a Colorado limited liability partnership, f/k/a Owen Farms, a Partners By: !97" ! _ Name: Donald L. Owen Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this Pday of January, 2005, by Donald L. Owen as Manager of Owen Farms, LLP, a Colorado limited liability partnership, f/k/a Owen Farms, a Partnership. Witness my hand and official e My commission expires: ,0NFY .vE Not y Public ..kz NOTArty'.�� L PUBLIC- i'� h. P/ If,Cormusio,Expires 9/29/200/ 2 111111 11111 �{�II111111111111Ill1111111Ill11111Ill! 1111 3251904 01/11/2005 02:48P Weld County, CO 3 of 11 R 56.00 D 0.00 Steve Moreno Clerk 6 Recorder EXHIBIT A Legal Description Parcel 1: The Northwest'A of Section 11,Township 3 North,Range 68 West of the 6th P.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section 11;thence East along the North line of said Section 50 feet to the True Point of Beginning;thence East along said North line 500 feet;thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No.2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast''/.of the Southeast'/,of Section 11,Township 3 North,Range 68 West of the 6f°P.M., County of Weld, State of Colorado. Parcel 3: The Northeast ''A of Section 11,Township 3 North,Range 68 West of the 61°P.M.EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No. 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2126111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No.2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North,Range 68 West of the 6t°P.M.,Weld County,Colorado,being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to bear South 89°35'25 West,and all bearings contained herein being relative thereto: Beginning at the Center One-Quarter Corner of said Section 11;thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet; thence North 89°29'35"East 657.29 feet;thence leaving the North line of the Southeast One-Quarter of said Section 11 and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses,South 00°18'48"East,662.14 feet;thence,South 00°18'48"East,662.14 feet;thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89°30'34"West, 15.38 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,North 00°08'23"East,20.94 feet;thence,South 89°23'44"West,623.36 feet to the East side of Tract"A"Land Survey Plat;thence along said Tract"A"the following three(3)courses,North 00°18'48"West,794.32 feet;thence South 88°47'27"West,672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West,518.31 feet to the Point of Beginning, A-1 111111111111 X 1111111111111111 111 B1111 I I 1111111111111 3251904 01/1112005 02:48P Weld County, CO 4 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder County of Weld, State of Colorado. Parcel 7: Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612,Affidavit of Correction recorded September 18, 1995 at Reception No.2456092,being a part of the West half of Section 12,Township 3 North,Range 68 West of the 6's P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest%of the Southwest'''A of Section 2,Township 3 North,Range 68 West of the 6`"P.M.,covered by what is known as the "Parker Lake",described as follows: Beginning at the Southeast corner of said Southwest'/of the Southwest 'A; thence North 00°50'00"West,380.00 feet;thence,North 23°20'00"West, 345.00 feet; thence,South 89°10'00"West,450.00 feet;thence,South 44°10'00"West,300.00 feet;thence,South 21°40'00"West, 150.00 feet;thence, South 25°30'00"West,388.32 feet to the South line of said Section 2;thence,North 89°10'00"East. 1023.82 feet to the Point of Beginning, also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A parcel of land being part of Lot of Recorded Exemption No. 1207-11-11-RE1052 as recorded January 27, 1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven(11), Township Three(3)North,Range sixty-eight(68)West of the 6th Principal Meridian(6'"P.M.), County of Weld,State of Colorado and being more particularly described as follows: Beginning at the Quarter Corner common to Section 2/11-T.3N:R.68W,as monumented by found I"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections 1/2/I1/12-T.3N:R68W.as monumented by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00":East(assumed)a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90°00'00"East along said North line of the NE'/ a distance of 250.14 feet . to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped'JONES LS 22098'. Said Monument Type(MD herein after referred to as MT#l; A-2 HBO 11111 0111 MU NI,III 1111111 DMZ IIII IIII 3251904 01/11/2005 02:48P Weld County, CO 6 of 11 R 56.00 D 0.00 Steve Moreno Clerk a Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE Y.a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line, South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02"West a distance of 62.71 feet to a point being.monumented by MT#1; #5: Thence North 63° 54'21"West a distance of 223.69 feet to a point being monumented by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18°54'01"West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly/mown as 4610 Weld County Road 36,Platteville,CO 80651. A-3 �4) 1111111 111O1111101MME III 1111111 III MEMO IIII 3251904 01111/2006 02:48P Weld County, CO 6 of 11 R 56.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT B 1. Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. 1 B-1 7c 1 1111 11111 11111 11111 III MINIS 11111 III! IIII 3251904 01/11/2005 02:48P Weld County, CO 7 of 11 R 66.00 0 0.00 Steve Moreno Clerk& Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION 12: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 . 3 D 11111111111111111111111111111111BRED IIIII IIII IIII 3251904 01/11/2005 02:48P Weld County, CO 8 of 11 R 56.00 D 0.00 Steve Moreno Clerk 8 Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 2 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. B-3 1111111111111111111111111111 III �� 11111 /III /III • 3261904 01/11/2005 02:48P Weld County, CO 9 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements arc general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. c. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829, THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch easement and ditch access easement as shown B-4 tD 111111111111111111111111111111111111111 I U 1111111111111 3251904 01111/2005 02:48P Weld County, CO 10 of 11 R 56.00 D 0.00 Steve Moreno Clerk d Recorder b. Right-of-way for Weld County Roads 34 and 11 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. B5 4',9_ 3323252_2.DOC 111111 IIIII I O IIIII HIE III IIIIIII III IIIIII III IIII 3251904 01/11/2005 02:48P Weld County, CO 11 of 11 R 56.00 D 0.00 Steve Moreno Clerk 6 Recorder B-6 Whcde t s Rebeccaenre wior teoxd Dowreturn, Eso:q. mill pminI1I1I nit III 1111111III 111111111 itO 0� Holland & Hart LLP 19091P Co , P.O. Box 8749 1 of 0 011R 61.00112006 D 0.0002:48 StaveWeld Morenounty Clerk COS Recorder Denver, CO 80201-8749 926 SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between DLO, LLC, A Colorado Limited Liability Company with and undivided 19.50325 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Colorado limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot, Colorado 80503 ("Grantee"): WITNESSETH: That Grantor, for and in consideration of the sum of One Million Five Hundred Ninety Five Thousand Seven Hundred Eighty Four DOLLARS and Ninety Cents ($1,595784.90) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. cTh O 1 111111 1111 11111111111111111 111 till 111 111 11111111 3251909 01/11/2005 02:48P Weld County, CO 2 of 10 9 51.00 D 0.00 Steve Moreno Clerk 8 Recorder IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GR OR: DLO, LLC, A Colorado Limited Liability Company By: Donald L Owen Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of DLO, LLC, A Colorado Limited Liability Company Witness my hand and offi 1 ] My commis ' gg iresj L� , \,SNw 1"4, 111 llV�w, t _ . `, o!, Ify ...f Notar Public as-. My Commission fxpires 9/19/1007 2 1111111IIII 1111 11111101111 III 1111111 III 11111 NUN 3251909 01/1112005 02:48P Weld County, CO 3 of 10 R 51.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT A Legal Description Parcel 1: The Northwest ''/.of Section 11,Township 3 North,Range 68 West of the 6th P.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section 11;thence East along the North line of said Section 50 feet to the True Point of Beginning;thence East along said North line 500 feet; thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No,2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast'/.of the Southeast''/.of Section II,Township 3 North,Range 68 West of the 6a'P.M., County of Weld, State of Colorado. Parcel 3: The Northeast'/.of Section 11,Township 3 North,Range 68 West of the 6th P.M. EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No, 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2128111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No.2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North,Range 68 West of the 6a'P.M.,Weld County,Colorado,being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to bear South 89°35'25 West,and all bearings contained herein being relative thereto: Beginning at the Center One-Quarter Corner of said Section II; thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet; thence North 89°29'35"East 657.29 feet;thence leaving the North line of the Southeast One-Quarter of said Section 11 and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses,South 00°18'48"East,662.14 feet;thence, South 00°18'48"East,662.14 feet;thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89'30'34"West, 15.38 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,North 00°08'23"East, 20.94 feet;thence,South 89°23'44"West, 623.36 feet to the East side of Tract"A"Land Survey Plat; thence along said Tract"A"the following three(3)courses,North 00°18'48"West,794.32 feet;thence South 88°47'27"West, 672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West, 518.31 feet to the Point of Beginning, A-1 • • J 3251909 01/11/2006 02:48P Weld County, CO 4 of 10 R 51.00 D 0.00 Steve Moreno Clerk 8 Recorder County of Weld, State of Colorado. Parcel 7: Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612, Affidavit of Correction recorded September 18, 1995 at Reception No. 2456092,being a part of the West half of Section 12, Township 3 North,Range 68 West of the 6m P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest 1/4 of the Southwest ''A of Section 2,Township 3 North,Range 68 West of the 6th P.M., covered by what is known as the "Parker Lake",described as follows: Beginning at the Southeast corner of said Southwest 1/4 of the Southwest '/.; thence North 00°50'00"West, 380.00 feet; thence,North 2:3°20'00"West, 345.00 feet;thence,South 89°10'00"West,450.00 feet; thence,South 44°10'00"West,300.00 feet;thence, South 21°40'00" West, 150.00 feet;thence, South 25°30'00"West, 388.32 feet to the South line of said Section 2;thence,North 89°10'00"East, 1023.82 feet to the Point of Begiruring, also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A pared of land being part of Lot'B' of Recorded Exemption No. 1207-11-11-RE1052 as recorded January 27, 1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven (I I), Township Three(3)North, Range sixty-eight(68)West of the 6°i Principal Meridian(6th P.M.), County of Weld,State of Colorado and being more particularly described as follows: Beginning at the Quarter Corner common to Section 2/11-T.3N.-R.68W, as monumented by found I"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections 1/2/11/12-T.3N.-R68W.as monumented by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00": East(assumed)a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90°00'00"East along said North line of the NE%.a distance of 250.14 feet . to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped'JONES LS 22098'. Said Monument Type(MT') herein after referred to as MT#l; A-2 1111111 11111 11111 111111111111111 1111111 111 11111 Ell 'III 3251909 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE ''h a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line, South 0l°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02"West a distance of 62.71 feet to a point being monumented by MT#1; #5: Thence North 63°54'21"West a distance of 223.69 feet to a point being monumented by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18° 54'01"West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. A-3 I "EMU 11111 HEM 11111 �� 3261909 01/11/2005 02:48P Weld County, CD 6 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B 1. Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyeo Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. B-1 �� 1 111111 11111 11111 11111 1111111 III 1111111 I I 11111 11101 3251909 01/11/2005 02:48P Weld County, CO 7 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION 2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights o f any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 ��v 1 11111111111 11111 11111 1013 III 1111111 III Intl liii 3251909 01/11/2005 02:48P Weld County, CO 8 of 10 R 51.00 D 0.00 Steve Moreno Clerk&Recorder 20. An casement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155. Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. B-3 �� 111111111111111111111111111118111111111111111111111 • 3251909 01/11/2005 02:48P Weld County, CO 9 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October I, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch casement and ditch access easement as shown B-4 1 10111 11111 X1111111111111111 INN III IIIR 111 1111• 3251909 01/11/2006 02:48P Weld County, CO 10 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder b. Right-of-way for Weld County Roads 34 and 11 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3.DOC B-5 • • kti When recorded return to: Art rt 111111311111 111111I III 1111111 1111111111111111 9/ Rebecca Wilcox Dow, Esq. 51D 11 Weld County 32 , Holland & Hart LLP 1 of 19 10 R01/61.00/2006 D 818.3502:48P Steve Moreno ClerkCO a Recorder P.O. Box 8749 Denver, CO 80201.8749 SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between DLO, LLC, A Colorado Limited Liability Company with and undivided 10.50175 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Colorado limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot, Colorado 80503 ("Grantee"): WITNESSETH: That Grantor, for and in consideration of the sum of Eight Hundred Fifty Nine Thousand Two Hundred Sixty Eight Dollars and Forty Cents ($859,268.40) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. 1111111111111111111111111111 IIItiii III Iilll IIII IIII • 3261910 01111/2006 02:48P Weld County, CO 2 of 10 R 51.00 D 818.36 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. J, , Aoraotabilr Company By: Donald L Owen Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of DLO, LLC, A Colorado Limited Liability Company Kct4EWitness my hand and offic al a ? .• so7q } My commission expires: �' x '%` , Notary Pu lic e>,;.Pugtic My Commas=Expires 9/79/2%07 2 1111111 11111 11111 111111111111 III 1111111 III 11111 IIII 3251910 01/11/2005 02:48P Weld County, CO 3 of 10 R 51.00 D 818.36 Steve Moreno Clerk& Recorder EXHIBIT A Legal Description Parcel 1: The Northwest 'A of Section 11,Township 3 North,Range 68 West of the 6°i Y.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section 11; thence East along the North line of said Section 50 feet to the True Point of Beginning;thence East along said North line 500 feet;thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No. 2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast 'A of the Southeast '''/ of Section 11,Township 3 North,Range 68 West of the 6°i P.M., County of Weld, State of Colorado. • Parcel 3: The Northeast %.of Section 11,Township 3 North,Range 68 West of the 6°i P.M. EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No. 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2128111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No. 2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located-in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North,Range 68 West of the 6°i P.M.,Weld County,Colorado, being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to bear South 89°35'25 West,and all bearings contained herein being relative thereto: Beginning at the Center One-Quarter Corner of said Section 11; thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet; thence North 89°29'35"East 657.29 feet;thence leaving the North line of the Southeast One-Quarter of said Section II and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses,South 00°18'48"East, 662.14 feet;thence,South 00°18'48"East, 662.14 feet; thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89°30'34"West, 15.38 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°08'23"East,20.94 feet;thence,South 89°23'44"West,623.36 feet to the East side of Tract"A"Land Survey Plat;thence along said Tract"A"the following three(3)courses,North 00°18'48"West, 794.32 feet;thence South 88°47'27"West,672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West, 518.31 feet to the Point of Beginning, A-1 AIM 11111 111111111111 3261910 01/11/2006 02:48P Weld County, CO 4 of 10 R 61.00 D 818.36 Steve Moreno Clerk& Recorder County of Weld, State of Colorado. Parcel 7: • Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612, Affidavit of Correction recorded September 18, 1995 at Reception No.2456092,being a part of the West half of Section 12,Township 3 North, Range 68 West of the 5th P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest ''A of the Southwest 'A of Section 2, Township 3 North,Range 68 West of the 6i°P.M., covered by what is known as the "Parker Lake",described as follows: Beginning at the Southeast corner of said Southwest 'A of the Southwest 'A; thence North 00°50'00"West,380.00 feet; thence,North 23°20'00" West, 345.00 feet; thence, South 89°10'00"West,450.00 feet; thence, South 44°10'00"West, 300.00 feet; thence, South 21°40'00"West, 150.00 feet; thence, South 25°30'00"West,388.32 feet to the South line of said Section 2;thence,North 89°10'00"East, 1023.82 feet to the Point of Be inning, also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A parcel of land being part of Lot'B'of Recorded Exemption No. 1207-11.11-RE1052 as recorded January 27, 1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven(11), Township Three(3)North,Range sixty-eight(68)West of the 6°i Principal Meridian(61°P.M.), County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Quarter Corner common to Section 2/11-T.3N.-R.68W,as monumented by found 1"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections 1/2/11/12-T.3N.-R68W.as monumented by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00":East(assumed)a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90° 00'00"East along said North line of the NE V.a distance of 250.14 feet . to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped 'JONES LS 22098'. Said Monument Type(MT) herein after referred to as MT#1; A-2 111111! 1111111111111111111111 III 1111111 III 11111 lilt !iii 3251910 01/11/2006 02:48P Weld County, CO 5 of 10 R 51.00 0 818.36 Steve Moreno Clerk 8 Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE V.a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line,South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02"West a distance of 62.71 feet to a point being monumented by MT#1; #5: Thence North 63° 54'21"West a distance of 223.69 feet to a point being monumented by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18° 54'01"West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. A-3 111111111111 IIIII IIIII 1111111 III 1111111 III Hill IIII 101 3251910 01/11/2005 02:48P Weld County, CO 6 of 10 R 61.00 D 818.36 Steve Moreno Clerk& Recorder EXHIBIT B 1 . Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALT.A/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. I 111111 1111 11111 NIMBI BIZ 1111111111111 • 3251910 01/11/2005 02:48P Weld County, CO 7 of 10 R 51.00 D 818.35 Steve Moreno Clerk 8 Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION 2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 �� • 1111M1111111111 111111111111111111111111111111111 M51910 01/1 6 02:48P R 61.00 0 D 818.35 8tevedMereno'Clerk d Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. B-3 11111111111 �liii lOll 1111111 III 11001 III 11111 VIII III! 3251910 01/11/2006 02:48P Weld County, CO 9 of 10 R 51.00 0 818.35 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757, c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch easement and ditch access easement as shown B-4 ci(/ • 1111111 11111 11111 IIIII 1111111 III IIIIII 111111 III IIII 3251910 01/11/2005 0 10 of 10 R 51.00 D 818.35 Steve Moreno Clerk&Recorder b. Right-of-way for Weld County Roads 34 and 11 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3.DOC 6AO B-5 When recorded return to: 1111111111111111111111111111 III 1111111 III INI 11111111 Rebecca Wilcox Dow, Esq. Holland & Hart LLP 3250910 R 51.00 200% 0.00 Steve eP eMoreno Clerk 8 Recorder CO �% P.O. Box 8749 Denver, CO 80201-8749 SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between SEP, LLC , A Colorado Limited Liability Company with an undivided 19.50325 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Colorado limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot, Colorado 80503 ("Grantee"): WITNESSETH: That Grantor, for and in consideration of the sum of One Million Five Hundred Ninety Five Thousand Seven Hundred Eighty Four DOLLARS and Ninety Cents (51,595784.90) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, hut not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. I IIII I Iiii 11111 11111111111 III MINI 11111 In 3251911 01/11/2005 02:48? Weld County, CO 2 of 10 R 51.00 D 0.00 Steve Moreno Clerk 8 Recorder IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GRANT SEP, LLC, , A Colorado Limited Liability Company By: Donald L Owen Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of SEP, LLC, A Colorado Limited Liability Company 1 Witness my hand and officia) $e I. My commission expires: ( l� ..; Notary ublic „s-s,- t '. i.p, . 1r cop TA it %ieN N� P[1% %C.?oy/ yam.•._... `'O!� My C.ommissiun!spires 9/ii1/2t:. 2 • 111111111111111111111111111IIIIIII lul111II1I11111111 261911 01/1112005 02:48P Weld County, 3 of 10 R 51.00 0 0.00 Steve Moreno Clerk 6 Recorder EXHIBIT A Parcel 1: Legal Description The Northwest'/.of Section 11,Township 3 North, Range 68 West of the 6°i Y.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section 11; thence East along the North line of said Section 50 feet to the True Point of Beginning;thence East along said North line 500 feet; thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No. 2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast ''I.of the Southeast '/.of Section 11,Township 3 North,Range 68 West of the 6°i P.M., County of Weld, State of Colorado. • Parcel 3: The Northeast '/.of Section 11,Township 3 North,Range 68 West of the 6th P.M. EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No. 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2128111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No.2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North, Range 68 West of the 6`s P.M.,Weld County,Colorado, being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to hear South 89°35'25 West,and all hearings contained herein being relative thereto: Beginning at the Center One-Quarter Corner of said Section 11;thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet; thence North 89°29'35"East 657.29 feet; thence leaving the North line of the Southeast One-Quarter of said Section 11 and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses, South 00°18'48"East,662.14 feet;thence,South 00°18'48"East, 662.14 feet; thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89°30'34"West, 15.38 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,North 00°08'23"East,20.94 feet; thence,South 89°23'44"West,623.36 feet to the East side of Tract"A"Land Survey Plat; thence along said Tract"A"the following three(3)courses,North 00°18'48"West, 794.32 feet;thence South 88°47'27"West,672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West,518.31 feet to the Point of Beginning, A-1 1111111111111111 IIIII 1111111 III 1111111 III 11111 IIII Jill 3251911 01/11/2005 02:48P Weld County, CO 4 of 10 R 51.00 D 0.00 Steve Moreno Clerk I Recorder County of Weld, State of Colorado. Parcel 7: Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612, Affidavit of Correction recorded September 18, 1995 at Reception No. 2456092,being a part of the West half of Section 12, Township 3 North,Range 68 West of the 6th P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest '/.of the Southwest '/. of Section 2, Township 3 North,Range 68 West of the 6th P.M., covered by what is known as the "Parker Lake", described as follows: Beginning at the Southeast corner of said Southwest '' of the Southwest ''/; thence North 00°50'00"West, 380.00 feet; thence,North 23°20'00"West, 345.00 feet; thence, South 89°10'00"West, 450.00 feet; thence, South 44°10'00"West,300.00 feet; thence, South 21°40'00"West, 150.00 feet; thence, South 25°30'00"West, 388.32 feet to the South line of said Section 2; thence,North 89°10'00"East, 1023.82 feet to the Point of Be inning, also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A parcel of land being part of Lot'B' of Recorded Exemption No. 1207.11-11-RE1052 as recorded January 27, 1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven(I 1), Township Three(3)North,Range sixty-eight(68)West of the 6th Principal Meridian(6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Quarter Corner common to Section 2/11-T.3N.-R,68W, as monumented by found 1"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections 1/2/11/12-T.3N.-R68W. as monumented by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00": East(assumed)a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #l: Thence North 90° 00'00"East along said North line of the NE Y.a distance of 250.14 feet . to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped'JONES LS 22098'. Said Monument Type(MT) herein after referred to as MT#1; A-2 • • 111111111111 IIIII 111111111111 III 1111111 III IIIII 1111 III, 3251911 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 D 0.00 Steve Moreno Clerk 6 Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE'/.a distance of319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line, South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02"West a distance of 62.71 feet to a paint being monumented by MT#1; #5: Thence North 63°54'21"West a distance of 223.69 feet to a point being monumented by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18°54'01"West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. A-3 1111111 111 IIIII 111111111111 III 1111111 III 11111 liii VIII 3251911 01/11/2006 02:48P Weld County, CO 6 of 10 R 51.00 D 0,00 Steve Moreno Clerk& Recorder EXHIBIT B 1. Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. ��B-1 11111111111111111111111111111 III lllllll 111 ll111 llll �Hi 3251911 01111/2005 02:48P Weld County, CO 7 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth, THE FOLLOWING APPLY TO SECTION 2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 111111 VIII VIII VIII 11111111111111111 III 1111111111III 3251911 01/11/2005 02:48P Weld County, CO 8 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 25581 19. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as maybe recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. B-3 � • • 1 111111 11111 11111 1111111 III IIIIII I I I HUE I I I 3251911 01/11/2006 02:48P Weld County, CO 9 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch casement and ditch access easement as shown B-4 11 , 0 • 11111111111111111 IIIII 1111111 III 1111111 III 111111 III 101 3251911 01111/2005 02:48P Weld County, CO 10 of 10 R 51.00 D 0.00 Steve Moreno Clerk 6 Recorder b. Right-of-way for Weld County Roads 34 and 11 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3.DOC B-5 ?i(/ • • When recorded return to: illllll III VIII IIII IIII Rolland WilcoxDow, Esq. 321111111,21110111111511111121:11111EG1 5 0 0 0 Steve Moreno Clerk 8 Recorder Holland & Hart LLP P.O. Box 8749 Denver, CO 80201-8749 SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between SEP, LLC, A Colorado Limited Liability Company with an undivided 10.50175 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Coloradn limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot. Colorado 80503 ("Grantee"): WITNESSETH: That Grantor, for and in consideration of the sum of Eight Hundred Fifty Nine Thousand Two Hundred Sixty Eight Dollars and Forty Cents ($859,268.40) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. 1111111 IIIII 11111 IIIII 1111111 III MINI 11111 III! IIII 3251912 01/11/2005 02:48P Weld County, CO 2 of 10 R 51.00 D 0.00 Steve Moreno Clerk 8 Recorder IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GRAN R: E4 S $ 2 /A2 , C, A Colorado Limited iability Company By: Donald L Owen Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of SEP, LLC, A Colorado Limited Liability Company r Witness my hand and offiei ICe . My commission expires: / Notary Public I: Nor.awct .r\\ ll 2 1111111H1111111101111111111111111111111111111111111 011101111111111 III 1111111 III 0111 IIII Till 3261912 01111/2006 02:48P Weld County, CO 3 of 10 R 61.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A Legal Description Parcel 1: The Northwest %of Section 11,Township 3 North,Range 68 West of the 6°i P.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section 11; thence East along the North line of said Section 50 feet to the True Point of Beginning; thence East along said North line 500 feet;thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No.2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast '/.of the Southeast '/.of Section 11,Township 3 North,Range 68 West of the 6°i P.M., County of Weld, State of Colorado. Parcel 3: The Northeast''/.of Section I I,Township 3 North,Range 68 West of the 6'"P.M. EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No. 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2128111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No.2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located-in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North,Range 68 West of the 6`s P.M.,Weld County,Colorado,being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to hear South 89°35'25 West,and all bearings contained herein being relative thereto; Beginning at the Center One-Quarter Corner of said Section 11; thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet; thence North 89°29'35"East 657.29 feet; thence leaving the North line of the Southeast One-Quarter of said Section 11 and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses, South 00°18'48"East,662.14 feet;thence,South 00°18'48"East,662.14 feet;thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89°30'34"West, 15.38 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,North 00°08'23"East,20.94 feet;thence,South 89°23'44"West,623.36 feet to the East side of Tract"A"Land Survey Plat; thence along said Tract"A"the following three(3)courses,North 00°18'48"West,794.32 feet;thence South 88°47'27"West, 672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West, 518.31 feet to the Point of Beginning, A-1 I 11111111111 11111111113111111110 INN N 3251912 01/11/2005 02;48P Weld County, CO 4 of 10 R 51.00 0 0.00 Steve Moreno Clerk I Recorder County of Weld, State of Colorado. Parcel 7: Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612, Affidavit of Correction recorded September 18, 1995 at Reception No. 2456092,being a part of the West half of Section 12,Township 3 North,Range 68 West of the 6'h P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest '/.of the Southwest 'A of Section 2, Township 3 North,Range 68 West of the 6th P.M.,covered by what is known as the "Parker Lake", described as follows: Beginning at the Southeast corner of said Southwest 'A of the Southwest '/,;thence North 00°50'00"West, 380.00 feet; thence,North 23°20'00" West, 345.00 feet; thence, South 89°10'00"West,450.00 feet; thence, South 44°10'00"West, 300,00 feet; thence, South 21°40'00"West, 150.00 feet;thence, South 25°30'00"West, 388.32 feet to the South line of said Section 2; thence,North 89°10'00"East, 1023.82 feet to the Point of Beginning, also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A parcel of land being part of Lot 'B'of Recorded Exemption No. 1207.1 l-I 1-RE 1052 as recorded January 27, 1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven (11), Township Three(3)North,Range sixty-eight(68)West of the 6d,Principal Meridian(6°i P.M.), County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Quarter Corner common to Section 2/11-T.3N.-R.68W,as monumented by found 1"O.D.pipe with a #5 rebar inside with the Section Corner common to Sections 1/2/11/12-T.3N.-R68W. as monumented by a found#4 rehar with illegible yellow plastic cap bearing North 90°00'00": East(assumed)a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90° 00'00"East along said North line of the NE 'A a distance of 250.14 feet . to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rehar with yellow plastic cap stamped'JONES LS 22098'. Said Monument Type(MT) herein after referred to as MT#l; A-2 11111111111111111 11111 1111111 111111IIIII11111111111111111 III 111111111111111 1111 111111III111111111 till 3251912 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE%.a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line, South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02" West a distance of 62.71 feet to a point being monumented by MT#1; #5: Thence North 63°54'21"West a distance of 223.69 feet to a point being monumented by MT 111; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18° 54'01"West a distance of 124,97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. A-3 1111111 IIIII IIIII 11111111111/ III 3251912 01/11/2005 02:46P Weld County, CO 6 of 10 R 51.00 0 0.00 Steve Moreno Clerk 6 Recorder EXHIBIT B 1. Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. B-1 Av 111111111111111111111111111111111111111111111111111101 3251912 01/11/2006 02:48P Weld County, CO 7 of 10 R 51,00 D 0.00 Steve Moreno Clerk& Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION 2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 11111111111111111111111111111 ill 1111111 III 11111 IIII till 3251912 01/11/2005 02:48P Weld County, CO 6 of 10 R 61.00 D 0.00 Steve Moreno Clerk b Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. t B-3 V 111111 1111 11111 1111111 III 1111111 1111 1111 1111 3261912 01/11/2006 02:48P Weld County, CO 9 0l 10 R 61.00 D 0.00 Steve Moreno Clerk 8 Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch easement and ditch access easement as shown B-4 �O I 11111 1111 11111 MO I I 11111111 MBE MU I U 3251912 01/11/2006 02:48P Weld County, CO 10 of 10 R 61.00 D 0.00 Steve Moreno Clerk& Recorder b. Right-of-way for Weld County Roads 34 and 11 I\ c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3.DOC B-S CC911V When recorded return p to: I IIIIII VIII VIII VIII Illllll III MilliIII VIII IIII IIII Rebecca Wilcox Dow, Esq. Holland & Hart LLP 3261913 01/11/2005 02:48P Weld County, CO ,ry P.O. Box 8749 1 0l 10 R 51.00 D 0.00 Steve Moreno Clerk 8 Recorder O5/ Denver, CO 80201-8749 SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between JLOH, LLC, A Colorado Limited Liability Company with and undivided 19.50 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Colorado limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot, Colorado 80503 ("Grantee"): WITNESSETI-L: That Grantor, for and in consideration of the sum of One Million Five Hundred Ninety Five Thousand Seven Hundred Eighty Four DOLLARS and Ninety Cents ($1,595,784.90)) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. 1 "I'01/11/2005 11111 11111 III Steve 1111111 III ilia 1111 1111 11 1111 3251913 I!!I5 02:48 weld County Creno & RecordeO r IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GRANTO JLOH, LLC, A C lorado Limite iability Company By: Donald L Owen Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of JLOH, LLC, A Colorado Limited Liability Company Witness my hand and offic al s My commission expires:,_ Notar Public 4. $ S OTAfry t �fo�\ JT PUt3 C . tai 9 . .- O/ 2 • 11111111111 IIIII tim 1111111 ii uuuuurn iii�ui�u itt1 innn 3 of 10 R 51.00 0 0.00 Steve 3251913 0111112005 02:48P Moreno 01 EXHR c TT A Legal Description Parcel I: The Northwest'/.of Section I I,Township 3 North,Range 68 West of the 6°i Y.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section I I;thence East along the North line of said Section 50 feet to the True Point of Beginning;thence East along said North line 500 feet;thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North 1111111$1111 1111111111 1111111 III 1111111 111111111111111 3251913 01/1112006 02:4SP Weld County,CO 4 of 10 R 51.00 0 0.00 Steve Moreno Clerk&Recorder County of Weld, State of Colorado. Parcel 7: Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612,Affidavit of Correction recorded September 18, 1995 at Reception No.2456092,being nevi of 16s_W—.h.lenf earl.... 19 Tn..,..rl:_a 1.1 L n...,..<G N17.....L.1..-COL n.u-__. AIM 11111 11111 111111111111 III 1111111 III 11111 IIII III! 3251913 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line,South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02"West a distance of 62.71 feet to a point being monumented by MT#1; #5: Thence North 63° 54'21"West a distance of 223.69 feet to a point being monumented by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18°54'01"West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. A-3 I IIIIII IIIII IIIII IIIII 1111111 III 1111111 III 11111111101 3251913 01/11/2005 02:18P Weld County, CO 6 of 10 R 51.00 D 0.00 Steve Moreno Clerk 1; Recorder EXHIBIT B 1 . Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An casement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1 199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. B-1 vco • I 111111 11111 11111 OM 1111111 HUED N MI IIII 3251913 01/11/2005 02:48P Weld County, CO 7 or 10 R 51.00 D 0.00 Steve Moreno Clerk b Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION 2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 maybe recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, \Veld 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B_2 <PO 1111111 IIIII IIIII IIIII IIIIIII III IIIIII1 III IIIII IIII IHI 3251913 01/11/2005 02:48P Weld County, CO 8 of 10 R 61.00 0 0.00 Steve Moreno Clerk& Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. B-3 -9O • • OH11111IM111111111111III111111IIIMI /III /III 3251913 01/11/2005 02:48P Weld County, CO 9 of 10 R 61.00 D 0.00 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-I I-l-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch easement and ditch access easement as shown B-4 �/ 1 111111 11111 11111 11111 1111111 III 1111111 III 111111 III Ill 3251913 01/11/2005 02:48P Weld County, CO 10 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder b. Right-of-way for Weld County Roads 34 and 11 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3.DOC B-5 `aft When recorded return to: 111111 010 M N 1001111111111111111111111 11011IIII111111III IIIIIIIIIIIII Rebecca Wilcox Dow, Esq. 3251914 01/11/2005 02:48P Weld County, CO 9j Holland & Hart LLP 1 pt 10 R 61.00 D 0.00 Steve Moreno Clerk& Recorder P.O. Box 8749 Denver, CO 80201-8749 • SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between JLOH, LLC, A Colorado Limited Liability Company with and undivided 10.50 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Colorado limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot, Colorado 80503 ("Grantee"): • WITNESSETH: That Grantor, for and in consideration of the sum of Eight Hundred Fifty Nine Thousand Two Hundred Sixty Eight Dollars and Forty Cents ($859,268.40) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all grave], sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. gad • I' III 11111 Illll 111111111111 IIi III IL!IIIII liii IIII f 1 O 49 e ld 0 R 61.00 D 0.00 Sta Steve Moreno Clerk k&Recorder IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GRANT JLOH, LC, Colorado L n'ted Liabilty Company By: Donald L Owen Title: Manager STATE OF COLORADO ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of JLOH, LLC, A Colorado Limited Liability Company I Witness my hand and of c' I My commission expires: • Notary P blic sNEV--.. vGb�,, --OS-- 'p My Commission Expires EME/200.' 2 I IIIlil 11111 I'll IIIII 11111111111111M11 IIIIII III IIIII IIII 3251914 01/11/2005 02:48P Weld County, CO 3 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT A Legal Description Parcel 1: The Northwest V4 of Section 11,Township 3 North,Range 68 West of the 6°i Y.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section 11;thence East along the North line of said Section 50 feet to the True Point of Beginning;thence East along said North line 500 feet;thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No.2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast 3/4 of the Southeast 'A of Section 11,Township 3 North,Range 68 West of the 6°i P.M., County of Weld, State of Colorado. Parcel 3: The Northeast 1/4 of Section 11,Township 3 North,Range 68 West of the 6th P.M. EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No. 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2128111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No.2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North,Range 68 West of the 6°i P.M.,Weld County,Colorado,being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to bear South 89°35'25 West,and all bearings contained herein being relative thereto: Beginning at the Center One-Quarter Corner of said Section 11; thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet;thence North 89°29'35"East 657.29 feet;thence leaving the North line of the Southeast One-Quarter of said Section 11 and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses,South 00°18'48"East,662.14 feet;thence,South 00°18'48"East,662,14 feet; thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89°30'34"West, 15.38 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,North 00°08'23"East,20.94 feet;thence,South 89°23'44"West,623.36 feet to the East side of Tract"A"Land Survey Plat;thence along said Tract"A"the following three(3)courses,North 00°18'48"West,794.32 feet;thence South 88°47'27"West,672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West, 518.31 feet to the Point of Beginning, A-1 • 1 IIIIII 11111 III IIIII IIIIIII IIP II 111111 III IIIII lilt�IlI 4 of 10 R 51.00 0 0.00 Steve Moreno Clerk 8 Recorder County of Weld, State of Colorado. Parcel 7: Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612, Affidavit of Correction recorded September 18, 1995 at Reception No. 2456092,being a part of the West half of Section 12, Township 3 North, Range 68 West of the 6'h P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest '/.of the Southwest ''A of Section 2,Township 3 North,Range 68 West of the 6th P.M., covered by what is known as the "Parker Lake", described as follows: Beginning at the Southeast corner of said Southwest'A of the Southwest V.; thence North 00°50'00"West, 380.00 feet; thence,North 23°20'00" West, 345.00 feet; thence,South 89°l 0'00"West,450.00 feet; thence, South 44°10'00"West, 300.00 feet;thence, South 21°40'00"West, 150.00 feet;thence, South 25°30'00"West, 388.32 feet to the South line of said Section 2; thence,North 89°10'00"East, 1023.82 feet to the Point of Beginning, also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A parcel of land being part of Lot'B' of Recorded Exemption No. 1207-11-1 1-RE 1052 as recorded January 27, 1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven(11), Township Three(3)North,Range sixty-eight(68)West of the 6°i Principal Meridian(6th P.M.), County of Weld, State of Colorado and being more particularly described as follows; Beginning at the Quarter Corner common to Section 2/11-T.3N.-R.68W, as monumented by found 1"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections 1/2/11/12-T,3N:R68W.as monumented by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00": East(assumed)a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90° 00'00"East along said North line of the NE'/.a distance of 250.14 feet . • to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped 'JONES LS 22098'. Said Monument Type (MT) herein after referred to as MT#1; A-2 • • I 111111 11111 11111 VIII 1111111 IIII 111111 III VIII IIII IIII 3251914 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 0 0.00 Steve Moreno Clark& Recorder #2: Thence continuing North 90° 00'00"East along the North line of said NE'/.a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line, South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02" West a distance of 62.71 feet to a point being monumented by MT#1; #5: Thence North 63° 54'21"West a distance of 223.69 feet to a point being monumented by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18°54'01"West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. A-3 111111111111111011111111111111111111111111111111111111 3251914 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B 1. Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1'889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. II. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. B1 pct2.4 1111111 1111 1111 1 IMAM I I I 1111111 I I 11111111111111 3251914 01/11/2005 02:48P Weld County, CO 7 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION 2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 ceje 11111 1011 IIIII 111111/ 1111111111 III 11111 IIII IIII 3251914 01/11/2005 02:48P Weld County, CO 8 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. D B-3 11111111111111111111111111111 !III 111111III 11111 3261914 01/11/2005 02:48P Weld County, CO 9 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch easement and ditch access easement as shown /J�',� B-4 111101 11111 11111 1001111111110 111111 III111111III /III 3251914 01/11/2006 02:48P Weld County, CO 10 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder b. Right-of-way for Weld County Roads 34 and 11 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3.DOC B-5 CD/0 When recorded return to: 1111111111111111111111111111 I111111111III 111111111 IIII Rebecca Wilcox Dow, Esq. 3251915 01/11/2005 02:48P Weld County, CO Holland & Hart LLP 1 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder P.O. Box 8749 Denver, CO 80201-8749 SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between DEJDDE, LLC, A Colorado Limited Liability Company with an undivided 6.4935 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Colorado limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot, Colorado 80503 ("Grantee"): WITNESSETH: That Grantor, for and in consideration of the sum of Five Hundred and Thirty One Thousand Nine Hundred Twenty Eight Dollars and Thirty Cents ($531,928.30) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. 111111111111 11111 111111111111till111111III11th 11111111 3251915 01/11/2006 02:48P Weld County, CO 2 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GRAN R: DEJDDE, LLC, A ColoradoXimited Liability Company By: Donald L Owen Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of DEJDDE, LLC, A Colorado Limited Liability Company \) Witness my hand and offi I 1 My commission expires: _ Notary Public ya . 401/1K)' .*\ try. Prvitic p1 • �F CO�� My Camm,.�:,.Cxpinn 0/79/2007 2 • • 1 1111 11111 1111111 I I I I111111 I I 111111 l I I I I I I I 3251915 01/11/2006 02:48P Weld County, CO 3 of 10 R 51.00 D 0.00 Steve Moreno Clerk 8 Recorder EXHIBIT A Legal Description Parcel 1: The Northwest ''/.of Section 11,Township 3 North,Range 68 West of the 6°i Y.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section II; thence East along the North line of said Section 50 feet to the True Point of Beginning; thence East along said North line 500 feet; thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No. 2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast '/4 of the Southeast ''/.of Section 11,Township 3 North,Range 68 West of the 6°i P.M., County of Weld, State of Colorado. • Parcel 3: • The Northeast '/.of Section II,Township 3 North,Range 68 West of the 61b P.M. EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No. 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2128111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No.2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located-in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North,Range 68 West of the 6°i P.M.,Weld County,Colorado,being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to hear South 89°35'25 West,and all bearings contained herein being relative thereto; Beginning at the Center One-Quarter Corner of said Section 11;thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet; thence North 89°29'35"East 657.29 feet;thence leaving the North line of the Southeast One-Quarter of said Section 11 and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses,South 00°18'48"East,662.14 feet;thence, South 00°18'48"East,662,14 feet; thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section II and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89°30'34" West, 15.38 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,North 00°08'23"East,20.94 feet;thence, South 89°23'44"West, 623.36 feet to the East side of Tract"A"Land Survey Plat; thence along said Tract"A"the following three(3)courses,North 00°18'48"West,794.32 feet;thence South 88°47'27"West,672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West, 518.31 feet to the Point of Beginning, A—I. IMOIIII Illlli III 3251915 01/11/2005 02:48P Weld County, CO 4 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder County of Weld, State of Colorado. Parcel 7: Lot B Recorded Exemption No. 1207-12-1-RE 1734 recorded June 15, 1995 at Reception No. 2442612, Affidavit of Correction recorded September 18, 1995 at Reception No. 2456092,being a part of the West half of Section 12,Township 3 North, Range 68 West of the 61h P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest '/,of the Southwest '/.of Section 2, Township 3 North, Range 68 West of the 61h P.M.,covered by what is known as the "Parker Lake", described as follows: Beginning at the Southeast corner of said Southwest V.of the Southwest 'A;thence North 00°50'00"West,380.00 feet; thence,North 23°20'00" West, 345.00 feet; thence, South 89°10'00"West, 450.00 feet; thence, South 44°10'00"West,300.00 feet;thence, South 21°40'00"West, 150.00 feet; thence, South 25°30'00"West,388.32 feet to the South line of said Section 2; thence,North 89°10'00"East, 1023.82 feet to the Point of Be inning, also a right to the use of the ditch now on the west line of said, quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A parcel of land being part of Lot 'B'of Recorded Exemption No. 1207.11.11-RE1052 as recorded January 27, 1988 in Bock 1184,as Reception No. 02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven (11), Township Three(3)North,Range sixty-eight(68)West of the 6°i Principal Meridian(6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Quarter Comer common to Section 2/11-T.3N.-R.68W,as monumented by found 1"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections l/2/11/12-T.3N.-R68W. as monumented by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00": East(assumed) a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90°00'00"East along said North line of the NE %.a distance of 250.14 feet . to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped'JONES LS 22098', Said Monument Type(MT)herein after referred to as MT#1; A-2 1111111111111111111111111111111111111111111111111111111 3261915 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE%a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line,South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#1; #4: Thence South 29°29'02"West a distance of 62.71 feet to a point being monumented by MT#1; #5: Thence North 63°54'21"West a distance of 223.69 feet to a point being monumented by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18°54'01" West a distance of 124.97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville,CO 80651. A-3 1111111111111111111111111111 �� Inn IIIIm • 3251915 01/11/2005 02:48P Weld County, C 6 or 10 R 61.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B 1. Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An casement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. B-1 I111111111111 111111111111III1111111II11111111111111 3261916 01/11/2005 02:48P Weld County, CO 7 0l 10 R 01.00 D 0.00 Steve Moreno Clerk& Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION 2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 --9(1)c UI!UtJ' !J " iu•iii • 6 02:48P Weld County, CO 8 of 10 R 51.00 D 0.00 Steve Moreno Clerk 8 Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An easement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. B-3 �/� • 11111111111 IIIII 111111111111 IIII 111111 III 11111 IIII Ilil 3251915 01111/2005 02:48P Weld County, CO 9 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1 117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch easement and ditch access easement as shown B-4 ��/ • �� 11111 �� 111111111111 III•IIII III OIIII III IIII • 3251915 01/11/2005 02:48P Weld County, CO 10 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder b. Right-of-way for Weld County Roads 34 and 11 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3 DOC B-5 7 ) • • • Rebecca When recordedWilcox returnDow to:Esq 111111111111 111111111111 IIII IIIIII III IIIII, 5 8P Weld CO p3� Holland & Hart LLP 1201918 10 R151 0000 D 0.00 4 Steve Moreno County, k 6 Recorder P.O. Box 8749 Denver, CO 80201-8749 SPECIAL WARRANTY DEED THIS DEED, made and entered into this 6th day of January, 2005, by and between DEJDDE, LLC , A Colorado Limited Liability Company with an undivided 3.4965 Percent Interest("Grantor"), and POSTLE PROPERTIES III, LLC, a Colorado limited liability company, whose legal address is 6800 79th Street, Suite 201, Niwot, Colorado 80503 ("Grantee"): WITNESSETH: That Grantor, for and in consideration of the sum of Two Hundred and Eighty Six Thousand Four Hundred Twenty Two Dollars and Eighty Cents ($286;442.80) 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, its successors and assigns forever, all of the real property, together with all improvements thereon, situate, lying and being in the County of Weld, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Property"), together with all of'Grantor's right, title and interest in and to all of the minerals and mineral rights owned by Grantor including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, which are, have been or may be appurtenant to, or located on or underlying, or in any way associated with the Real Property (the "Property"), TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. Grantor, its successors and assigns, does covenant and agree that it shall and will warrant or forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, subject to general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein. 19 /V Aii' I1'I111111 1111111111111111113261916 2 of 10 D 0.00 SteveeMo Moreno ld County, Recorde CO r IN WITNESS WHEREOF, Grantor has executed this deed the day and year first above written. GRANT R: _ //.a-' DEJ DE, LLC, A Colorado Limited Liability Company By: Donald L Owen 'title: Manager STATE OF COLORADO ) ) ss. COUNTY OF Boulder ) The foregoing instrument was acknowledged before me this 6th day of January, 2005, by Donald L Owen as Manager of DEJDDE, LLC, A Colorado Limited Liability Company Witness my hand and oIfi i 1 a . ' \) My commission expire ( Nota Public tatty :4, ' p�(v inn '2'r' �Ta O •\ 3/ r Kr .& .. ,,:, PUBLIC ./5 . 44 C:•..,..._,< , 174/7047 2 • 11111111111111111 HIll �111111IIII111111�� 111IIIIVIII 3251916 01/11/2006 02:48P Weld County, CO 3 of 10 R 61.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT A Legal Description Parcel 1: The Northwest '/.of Section 11,Township 3 North, Range 68 West of the 6°i Y.M.,EXCEPT a tract described as follows: Beginning at the Northwest corner of said Section 11; thence East along the North line of said Section 50 feet to the True Point of Beginning;thence East along said North line 500 feet;thence South parallel to the West line of said Section 435.6 feet;thence West parallel to the North line of said Section 500 feet;thence North parallel to the West line of said Section 435.6 feet to the True Point of Beginning. ALSO EXCEPT that portion conveyed in Deeds recorded January 10, 1995 at Reception No. 2422395 and 2422396, County of Weld, State of Colorado. Parcel 2: The Northeast '/ of the Southeast'''A of Section 11,Township 3 North,Range 68 West of the 6"P.M., County of Weld, State of Colorado. Parcel 3: The Northeast '/4 of Section 11,Township 3 North,Range 68 West of the 6"'P.M. EXCEPT a tract of land described in Warranty Deed recorded in Book 587 at Reception No. 1509095 AND ALSO EXCEPT Lot A of Recorded Exemption No. 1052 described in Warranty Deed recorded January 15, 1988 at Reception No.2128111 AND EXCEPT a tract of land described in Deed recorded January 31, 1992 at Reception No. 2276746, County of Weld, State of Colorado. Parcel 4: A tract of land being located-in the Northwest One-Quarter Southeast One-Quarter of Section 11,Township 3 North,Range 68 West of the 6a'P.M.,Weld County,Colorado,being more particularly described as: Considering the North line of the Northeast One-Quarter of said Section 11 to bear South 89°35'25 West,and all hearings contained herein being relative thereto: Beginning at the Center One-Quarter Comer of said Section 11;thence along the North line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,the following two(2)courses,North 89°25'35"East, 657.29 feet; thence North 89°29'35"East 657.29 feet;thence leaving the North line of the Southeast One-Quarter of said Section 11 and along the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 the following two courses,South 00°18'48"East,662.14 feet;thence, South 00°18'48"East,66214 feet;thence leaving the East line of the Northwest One-Quarter Southeast One-Quarter of said Section 11 and along the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, South 89°30'34"West, 1538 feet; thence leaving the South line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,North 00°08'23"East,20.94 feet;thence, South 89°23'44"West,623.36 feet to the East side of Tract"A"Land Survey Plat;thence along said Tract"A"the following three(3)courses,North 00°18'48"West, 794.32 feet;thence South 88°47'27"West, 672.74 feet to the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11,thence along the West line of the Northwest One-Quarter Southeast One-Quarter of said Section 11, North 00°34'53"West, 518.31 feet to the Point of Beginning, A—I. • • 1110M MIN 1111111 II II 111111 III 11111 IIII 1111 3251916 01/11/2006 02:48P Weld County, CO 4 of 10 R 51.00 D 0.00 Steve Moreno Clerk d Recorder County of Weld, State of Colorado. Parcel 7: • Lot B Recorded Exemption No. 1207-12-I-RE 1734 recorded June 15, 1995 at Reception No. 2442612, Affidavit of Correction recorded September 18, 1995 at Reception No. 2456092,being a part of the West half of Section 12,Township 3 North,Range 68 West of the 6'h P.M., County of Weld, State of Colorado. Parcel 8: The McKay Lake which is a parcel of land situate in the Southwest '/. of the Southwest '/.of Section 2, Township 3 North,Range 68 West of the 6m P.M., covered by what is known as the "Parker Lake", described as follows: Beginning at the Southeast corner of said Southwest ''/ of the Southwest /; thence North 00°50'00"West,380.00 feet;thence,North 23°20'00"West, 345.00 feet; thence, South 89°10'00"West,450.00 feet; thence, South 44°10'00"West, 300.00 feet;thence, South 21°40'00"West, 150.00 feet; thence, South 25°30'00"West,388.32 feet to the South line of said Section 2; thence,North 89°10'00"East, 1023.82 feet to the Point of Be inning, also a right to the use of the ditch now on the west line of said quarter section for the purpose of running water to fill said lake; TOGETHER WITH all of the McKay Lake and the water impounded therein and the appropriations therefore, and the land appurtenant and adjacent thereto as described in deed from Parker to McKay, recorded in Book 68 at Page 391, of Weld County records; TOGETHER WITH all flowage rights and easements connected with said lake, and all intake ditches and outlets incident thereto, County of Weld, State of Colorado. Parcel 9: A parcel of land being part of Lot 'B'of Recorded Exemption No. 1207.11-11-RE1052 as recorded January 27, 1988 in Book 1184,as Reception No.02129174 of the records of Weld County Clerk and Recorder and being part of the Northeast Quarter(NE 1/4)of Section Eleven (11), Township Three(3)North,Range sixty-eight (68)West of the 6th Principal Meridian(6'h P.M.), County of Weld,State of Colorado and being more particularly described as follows: Beginning at the Quarter Corner common to Section 2/I 1-T.3N.-R.68W,as monumented by found 1"O.D.pipe with a#5 rebar inside with the Section Corner common to Sections 1/2/11/12-T.3N.-R68W. as monumentcd by a found#4 rebar with illegible yellow plastic cap bearing North 90°00'00": East(assumed) a distance of 2653.91 feet. Said line being the basis of bearing for the description with all other bearings contained herein relative thereto: #1: Thence North 90°00'00"East along said North line of the NE 'A a distance of 250.14 feet . to the TRUE POINT OF BEGINNING. Said point being monumented by a set 18"of#4 rebar with yellow plastic cap stamped 'JONES LS 22098'. Said Monument Type(MT)herein after referred to as MT#l; A-2 1110 1111 IIIII 111111111111(111111111 III 11111 IIlt IIII 3251916 01/11/2005 02:48P Weld County, CO 5 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder #2: Thence continuing North 90°00'00"East along the North line of said NE'h a distance of 319.67 feet to a point being monumented by MT#1; #3: Thence leaving said North line, South 01°48'48"West a distance of 195.18 feet to a point being monumented by MT#l; #4: Thence South 29°29'02" West a distance of 62.71 feet to a point being monumented by MT#l; #5: Thence North 63° 54'21"West a distance of 223.69 feet to a point being monumental by MT#1; #6: Thence North 51° 18'34"West a distance of 52.86 feet to a point being monumented by MT#1; #7: Thence North 18°54'01"West a distance of 124,97 feet to the TRUE POINT of BEGINNING. The Real Property or its address is commonly known as 4610 Weld County Road 36,Platteville, CO 80651. A-3 1111111 11111 11111 111111111111110111 III 11111 1111 1111 ' 3251916 01/11/2005 02:48P Weld County, CO 6 of 10 R 51.00 D 0.00 Steve Moreno Clerk 6 Recorder EXHIBIT B 1. Distribution utility easements. 2. Inclusion of the property within any special taxing district. 3. Taxes for the year 2005 and subsequent years, which are not yet due or payable. 4. Right of way for County Roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. THE FOLLOWING APPLY TO SECTION 11 5. An easement for right of way and incidental purposes as granted to The Great Western Railway Company by an instrument recorded March 10, 1906, in Book 234 at Page 92 upon the terms and conditions therein set forth, said right of way also recorded in Book 73 at Page 417 and Book 221 at Page 73. The effect if any in the deeded width and the width of occupied liens as evidenced in ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc. 6. An easement for ditch and incidental purposes as granted by an instrument recorded December 16, 1908, in Book 250 at Page 559 upon the terms and conditions therein set forth. 7. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded November 3, 1916, in Book 414 at Page 377 upon the terms and conditions therein set forth. 8. An easement for irrigation ditch and incidental purposes as granted by an instrument recorded December 9, 1916, in Book 462 at Page 61 upon the terms and conditions therein set forth. 9. An easement for pipe line and incidental purposes as granted to Wyco Pipe Line Company by an instrument recorded March 13, 1947, in Book 1199 at Page 395 upon the terms and conditions therein set forth. 10. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District and Central Weld County Water District by an instrument recorded January 17, 1996, in Book 1527 at Reception No. 2472230 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded February 8, 1996, in Book 1531 at Reception No. 2475607. B-1 c-kre 11111111111111111111111111111 I I I 1111 III 111111111 I I I I 3251916 01/11/2005 02:4SP Weld County, CO 7 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 12. Terms, conditions, provisions, and stipulations as contained in Pipeline Easement Agreement recorded September 27, 1996, in Book 1569 at Reception No. 2513025. 13. An easement for the line for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded April 6, 1998, as Reception No. 2604536 upon the terms and conditions therein set forth. THE FOLLOWING APPLY TO SECTION .2: 14. A Condition contained in the United States Patent recorded February 24, 1905, in Book 132 at Page 103, 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 also subject to the right of the proprietor of a vein or load to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as provided by Law." 15. A Condition contained in the United States Patent recorded January 8, 1886, in Book 51, at page 35, 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 also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 16. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Donald A. McPherson and Lucille Marie McPherson by Mineral Deed, recorded June 18, 1973, at Reception No. 1615524, and any and all assignments thereof or interests therein. 17. Mineral rights of any kind as reserved by instrument recorded December 18, 1972, in Book 682 at Reception No. 1603786. 18. Mineral rights of any kind as reserved by instrument recorded February 14, 1983, in Book 988 at Reception No. 1917415, and any and all assignments thereof or interests therein. 19. Terms, conditions, provisions and stipulations as contained in Valve Site Contract recorded January 3, 1992, in Book 1322 at Reception No. 2274012. B-2 ) cT V 111111111111111111Q111111111IIII IIIIII III IIIII IIII IHI 3251916 01/11/2005 02:48P Weld County, CO 8 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 20. An easement for pipeline and incidental purposes as granted to Darenco, Inc., by an instrument recorded December 8, 1983, in Book 1015 at Reception No. 1949467 upon the terms and conditions therein set forth. 21. An casement for communication system and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 21, 1968 at Reception No. 1516667 (affects that portion of Parcel 7, which falls within the Northwest quarter of Section 12). 22. An Oil and Gas Lease, from Glen S. Douthit as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated September 25, 1980, recorded November 24, 1980, at Reception No. 1842343, and any and all assignments thereof or interests therein. 23. An Oil and Gas Lease, from Donald A. McPherson and Lucille M. McPherson as Lessor(s) to Sandlin Oil Corporation as Lessee(s) dated December 2, 1980, recorded January 14, 1981, at Reception No. 1846899, and any and all assignments thereof or interests therein. 24. An easement for water transmission lines and incidental purposes granted to Little Thompson Water District by the instrument recorded July 15, 1997, at Reception No. 2558119. THE FOLLOWING APPLY TO SECTION 12 25. A Condition contained in the United States Patent recorded November 25, 1891, in Book 57 at Page 155. Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore there from, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 26. An easement for lines for the transmission, distribution and service of water and incidental purposes as granted to Little Thompson Water District by an instrument recorded February 17, 1998, at Reception No. 2604537 upon the terms and conditions therein set forth. 27. a. The consequence of any change in the location of the lake which forms a boundary line of the land, including any determination that some portion of the land has been included within McKay Lake. b. All right, title or interest in and to the waters and water rights of the McKay Lake. B-3 ,cp • 11111 1111 11111 IIIII IIIIIII IIIIIIIIIIIII IIIII IIII IIII 3251916 01/11/2005 02:48P Weld County, CO 9 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder 28. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within in subject property. a. Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 under Reception No. 1870705. b. Western Slope Gas Company recorded March 9, 1983, in Book 990 under Reception No. 1919757. c. Associated Natural Gas, Inc., recorded April 10, 1989, in Book 1229 under Reception No. 2175917. d. Panhandle Eastern Pipe Line Company, recorded June 26, 1986, in Book 1117 under Reception No. 2058722. e. Wiggins Telephone Association, recorded October 14, 1992, in Book 1354 under Reception No. 2306829. THE FOLLOWING AFFECT ALL OR PORTIONS OF ENTIRE LAND: 29. Notice concerning underground facilities of United Power, Inc., recorded January 14, 1991, at Reception No. 2239296. 30. The effect, if any, of Emergency Code Ordinance No. 2002-5 recorded April 5, 2002, at Reception No. 2940416. 31. Right-of-way for railroad and appurtances as reserved by the Denver Pacific Railway and Telegraph Company in Deeds recorded in Book 22 at Pages 101, 103 and 104. 32. These items as shown on Recorded Exemption No. 1207-11-1-RE1052 recorded January 27, 1988, at Reception No. 2129174 to wit: a. 30 foot ditch easement as shown b. Right-of-way for railroad c. Right-of-way for Weld County Road 36. 33. Those items as shown on Recorded Exemption No. 1207-12-2-RE1734 recorded June 15, 1995, at Reception No. 2442612 and Affidavit of Correction recorded September 18, 1995, at Reception No. 2456092 to wit: a. 25' ditch casement and ditch access easement as shown B-4 2 1 11111111111 11111 11111 1111111 IIII 1111,1 111111 III 1111 ! 3251916 01111/2006 02:48P Weld County, CO 10 of 10 R 61.00 0 0.00 Steve Moreno Clerk&Recorder b. Right-of-way for Weld County Roads 34 and I 1 c. 30 foot access easement d. Surveyors notes in reference to the legal description 34. Any existing leases or tenancies. 35. Rights of others to that portion of the land lying within any ditch including but not limited to the Highland Lake Lateral Ditch and the McKay Lateral ditch as recorded December 7, 1929, in Book 886 at Page 311. 36. The following items as depicted upon the ALTA/ACSM Land Title Urban Survey dated November 16, 2004, by Alles and Associates, Inc., to wit: a. Concrete ditches traversing the lands as shown. b. Field roads traversing the lands and any rights of others in and to their use thereof. c. Apparent easements for electric lines, gas lines and water lines other than those created and described in recorded instruments as shown. d. (2) petroleum wells and all related facilities thereon and the rights of ingress and egress to and from the same. e. Fence lines not corresponding to boundary lines over the Southeasterly property line of Parcel 7 and various boundaries of Parcel 8. f. Discrepancies in boundary lines involving Parcel 8 and the adjoining property description surrounding said Parcel 8 and any right, title or interest beyond deed property lines as shown therein. NOTE: Affirmative protection will be provided the purchaser by means of Colorado Endorsement 100.33 (Patent) in connection with Exceptions THE FOLLOWING AFFECTS PARCEL 9 37. Terms, conditions, provisions, agreements and obligations specified under the McKay Lateral Ditch Company License Agreement by and between McKay Lateral Ditch Company and Tim O. Powers and Shirley Powers recorded August 29, 2001, at Reception No. 2879016. 3320361_3.DOC B-5 � , ) + 21,,,/! 6 , . . i e 1 t S S a L ;ale; " _at ir. _ e Ei a $=6 6€ €i Ep ,O $A.:if ij 6 9e ` R 1 Ls C _ la 4 22 2e a ; a y:, 9. Al a afdn.s al F9 E a i� €t:22f s5s n iF .; s3_ F o o`e r AF t tI217;..;:!7.2.7,2. i 4:, € C J y ;� 6F ₹ -Y6.6v2" L a3 E. _D 7 { _ 5, F S F - i s t tr, €45 i � ` p t Fa f a zt it �'�' l c". O uo C Y Y: :eat Y V= Al R fi i i a . A. u €t S� S s L a §F y aaF e 2 9 i I !Mil �. Y i.g a`' a `fa Er . € ¢6e 242..,;i1.4,. ' € °€ I ' Ia' `p 5 fi - 2 w 65 It aH Y ii d a e e �3 a !. : Y .� '1 } H, Fa ya - ct 4 .sei 6 ;$= € Y lA 6 ' ,Fea :2 ® 4 8 y� :i € 'i' € e a s 6 ' f s i By € : iat St a a t = F 3 rt ₹ i n c .14 fa Re. fi s 5 € ° t t € € . . 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'' If Y.�B�a� "" m"__d EP_ P� e u " ._ot .: . a _ _- m�.max `_ _— _ — nios _ --- -- 1,,II i o1OI� g_ n y —r4 `., 4Y J / y �O III . \�h _ �� ash. � < bl N. I��I ' , f I _ [NI\ Av NEi'& ri 1" V h R 1�' 1 r] 1 �x nI . zI Ifil(/� r - I,�I- III g li�� f A 0 o o -vw O g y 2 o fad g -- _ —0.-9% a `..4, „Ta, ii , _ __` -i © gr .s�rox S a t S fi L _ r Ea!, J Q PI Ira. \ es er i7,ss O vk'� — .St rc.M. .3,-O 1 .3s,�.Pox $asp Igt III=s= W Q Q Z-3tlIYv-1050—N iMD -tltl]o�nu 868 11111111111!III!!1111111IIII11111111111 III111111111IIII 3302868 07(13/2005 03:13P Weld County, CO 1 of 2 R 11.00 D 48.72 Steve Moreno Clerk&Recorder WARRANTY DEED THIS DEED,Made this 5th day of July,2005 between Poslle Properties 1t1,LLC,A Colorado limited liability company of the County of Weld,State of Colorado,grantor and SEP,LLC,A Colorado limited liability company whose legal address is:PO Box 978,Longmont,Co 80502-0978 of the County of Weld,State of Colorado,grantee: WITNESSETH,Thal the grantor for and in consideration of the sum of Four Hundred Eighty-Seven Thousand Two Hundred Dollars and NO/100's.($487,200.00,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell, convey and confirm,unto the grantee,his heirs and assigns forever,all 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 Exhibit B attached hereto and made a part hereof also known by street and number as TBD,,CO 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 the grantor,either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section Sa"Title Review",of the contract dated 6/29/2005,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully claiming the whole or any pail thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLER: Pgntigrope ie II,LLC alb 1 nes Po le,President STATE OF COLORADO }SS: COUNTY OF Boulder The foregoing instrument was acknowledged before me Us 5th day of July,2 15 by Postl' • operties III, LLC,A Colorado limited liability company by Jam Po President ll l Witness my hand and offi aY••My Commission expires' `2,.. • 'W�'1 Sr; tYUTABy'•,Cm� gkgIo + ' A' t P .s.PUBLIC r8 COCOO''�- Nrcommis,/on tones 9/19/Ippr WDPHOTO Warranty Deed(For Photographic Record) File ye No.S0068966 966 111111111111 Jill!1111111 l��dill HEM 11111 Ill 1111 3302868 07113/2005 03:13P Weld County, CO 2 o1 2 R 11.00 D 48.72 Steve Moreno Clerk a Recorder Exhibit B Lots A and B of Amended Recorded Exemption No. 1207-11-1-AMRE-3005,recorded June 30,2005 at Reception No. 3299119,being a part of the Northeast Quarter of Section 1I,Township 3 North,Range 68 West of the 6a'P.M.,County of Weld,State of Colorado. AND Subdivision Exemption No. 1044, recorded May 3,2005 at Reception No.3282719,being a part of the Northeast Quarter of Section 11,Township 3 North, Range 68 West of the 6'"P.M.,County of Weld,State of Colorado. AND A tract of land being part of the Northeast One-Quarter(NE'/,)of Section II,Township 3 North,Range 68 West of 6'" P.M.,being more particularly described as: Considering the North line of the Northeast One-Quarter(NE'A)of said Section 11 to bear South 89°35'25"West and all bearings contained herein relative thereto: Beginning at a point on a Southeasterly property line whence the Northeast(NE)Corner of said Section Eleven(I I)bears North 43°27'03"East, 1058.64;thence along the Southeasterly property line, (L1),South 70°57'38"Wcst,32.35 feet;thence.(L2),South 11°18'01"East,63.02 feet;thence, (L3),South 32°27'57"East,22.86 feet;thence(L4),South 61°23'3 I"East,20.55 feet,thence(L5),North 87°14'51'East, 24.13 feet;thence,North 19°50'01"West, 106.65 feet to the Point of Beginning, County of Weld,State of Colorado. rr • 111111 I1111 (IIII 1111111 111111111111111 III 11111 1111 1111 3865322 02/23/2006 04:17P Weld County, CO _ 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder ` _ - 3� QUITCLAIM DEED THIS DEED,made this 13th day of February ,2006 , between SEP, LLC of the *County of Weld and State of Colorado ,grantor,and TIMOTHY 0. POWERS and GAIL M. POWERS • whose legal address is 4610 WCR 36, Platteville, CO 80651 Documentary Fee — Exempt of the County of Weld and State of Colorado ,grantees: WITNESS,that the grantor,for and in consideration of the sum of OTHER GOOD AND VALUABLE CONSIDERATION P3tifili HX, the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever, not in tenancy in common but in joint tenancy, all the right, title,interest,claim and demand which the grantor has in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: Lot A — AmRE-3005, a tract of land being part of the Northeast One—Quarter (NE 1/4) of Section 11, Township 3 North, Range 68 West of the 6th P.M. , ! being more particularly described on Exhibit "A" attached hereto and incorporated ! herein by reference. also known by street and number as: assessor's schedule or parcel number. 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,either in law or equity,to the only proper use,benefit and behoof of the grantees,their heirs and assigns forever. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. By: Shirley E. Powers, Manager • STATE OF COLORADO 1 ss. County of Larimer The foregoing instrument was acknowledged before me this 13th day of February • 2006 • by Shirley E. Powers, Manager of SEP, LLC .`...q\ J 0E NElyn,\\\, Witness my hand and official seal. �'•�..•• •.,•O II My commission expires: January 8, 2008 a mu C0 .-'' i �L+ , 1 JAL fr I. fr 1 Cs n g 8 Notary Public` S Insert"City and"if applica jll ,} `1� J x 37 CO CI) .+ a (III V'.. ,.•' i �t iy tPor. -!J' an Creating Newly Created Legal Description(§38-35-106.5,C.R.S.) co No.962.Rev.4-9.1. QUITCLAIM DEED(to Joint Tenants) 7 Bradford Publishing, 1743 Wazee St.,Denver,CO 80202-(303)292-2500—wwwbradfurdpublishing.com—1-03 Alt UM 51 kik 41:13v4\\Pet\iii iii i ii tiff '3 65322 R 21 120 D 0.00 Steve Moreno Clerk EXHIBIT "A" p�SCRIPTIOM1 L 07 Ate_ AmBE"3Q05 • A tract of land being port of the Northeast One—Quarter (NE 1/4) of Section Eleven (11), Township Three (3) North, Range Sixty—Eight (68) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the north line of the Northeast One—Quarter (NE 1/4) of said Section Eleven (11) to bear South 69'35'25" West and all bearings contained herein relative thereto: • Beginning of a point on the north line of the Northeast One- Quarter (NE 1/4) of said Section Eleven (11) whence the North One—Quarter (N 1/4) Corner of sold Section Eleven (11). bears South 89'35'25" West, 438,31 feet; thence along the north line of the Northeast One—Quarter (NE 1/4) of sold Section Eleven (11), North 89'35'25" East, 429.55 feet; thence leaving the north line of the Northeast One—Quarter_.(NE 1/4) of said Section Eleven (11), South 02'1648" Eost, 265.14 feet; thence, South 89'35'25" West, 297.56 feet; thence,'(L7), North 02'15'46" West, 75.01 feet; thence, (L8)..South 89'40'33" West, 27.36 feet; thence, (L9), South 01'5600' East, 15.09 feet; thence, (L10), South 89'38'26" West, 50.00 feet; thence, (L11), South 02'15'46" East, 60.00 feet; thence, (L12), South 89'3525" West, 54.63 feet; thence, North 02'15'46".West,• 265.14 feet to the Point of Beginning. • The above—described tract contains 2.50 acres, more or less, and Is subject to rights—of—way and/or easement resered for Weld County Rood 36 along the northerly side of the parcel and Is subject to rights— of—way and/or easements of record or as may now exist. t • WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970)304-6411 Permit#: SP-0000035 Sec/Pwn/Rng: 11-3-68 Status: ISSUED Owner: OWENS FARM Applied: 01/19/2000 Applicant: POWERS GALE Issued: 02/01/2000 Permit Type: RNEW Commercial,R=Residential+NEW.REPair,VauLT Finaled: Parcel#: 1207-11-0-00-088 Location: TBD 1-25 TO MEAD EXIT N ON FRNTGE ROAD Legal Description: Installer: Description: HOUSE Commercial: N Residential:Y Acres: 38 #of Persons: 3 Basement Plumbing: N #of Bedrooms: 3 Bathrooms - Full: 2 3/4: C 1/2: 0 Water Public: Y Water Source: LITTLE THO.vtPSON Water Private: N Cistern: N Well: N Well Permit#: Percolation Rate:8.7 Limiting Zone: 8 ft 0 in Description % Ground Slope: 0 Dir: Soil Suitable: (YiN) Y Engineer Design Required: (Y/N) N In 100 Y:ar Flood Plain: (Y/N) N Minimum Installation Chambers Septic Tank: 1000 gallons Absorption Trench: 495 square feet or Absorption Bed: 645 square feet Actual Installation Septic Tank: loco gallons Absorption Trench: square feet Absorption Bed: 'V-ZO square feet Design Type: C.A . NOTICE The issuance of this permit does not imply compliance with ocher state,county or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance fith applicable state,county and local regulations adopted persuant to Article 10,Title 25,CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is not transferable, The Weld County Departmen of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County IN partment of Public Health and Environment. x '4-i ?-<x0 Env nmental Health Specialist Date Form:S_FiNAL Hello