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HomeMy WebLinkAbout20101804 1j RESOLUTION RE: GRANT REQUEST FOR PLACEMENT OF A TEMPORARY WIND MONITORING TOWER, APPROVE AGREEMENT FOR SAME, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL- BROMLEY COMPANIES, LLC, DBA 70 RANCH, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a letter, dated July 15, 2010, marked Exhibit "A", attached hereto and incorporated herein by reference, requesting approval for the placement of a wind monitoring tower to be used temporarily to determine whether the site is feasible for the placement of a utility-scale wind power project in Weld County, conditional upon a written agreement being executed between Bromley Companies, LLC, dba 70 Ranch, LLC, and the Board of County Commissioners,with said real estate being more particularly described as follows: Part of the S1/2NE1/4 of Section 23, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement concerning said wind monitoring towers and collateral between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Bromley Companies, LLC, dba 70 Ranch, LLC., 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check#1108 from 70 Ranch, LLC, 5460 South Quebec Street, Suite 110, Greenwood Village, Colorado 80111, in the amount of$5,000.00, and WHEREAS,after review,the Board deems it advisable to grant said request, as specified in Exhibit"A", approve said agreement, and accept said collateral as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Bromley Companies, LLC, dba 70 Ranch, LLC, for the temporary placement of a wind monitoring tower, on the parcel of land described above, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the Agreement for Placement of Temporary Wind Monitoring Tower between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Bromley Companies, LLC, dba 70 Ranch, LLC, be, and hereby is, approved, and the Chair is authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that check#1108 from 70 Ranch, LLC, in the amount of $5,000.00, be and hereby is, accepted. 1111111111111111111111 IIII 111111111111 III 11111 IIII IIII et 2010-1804 3714183 08/26/2010 12:13P Weld County, CO PL0073 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder AGREEMENT AND COLLATERAL CONCERNING REQUEST FOR PLACEMENT OF A TEMPORARY WIND MONITORING TOWER - BROMLEY COMPANIES, LLC, DBA 70 RANCH, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COU T COLORADO ATTEST : %/: �' / , � qa vrn.lM.T ou lq Radem cher, air Weld County Clerk to B yor =` ISO ., _-� � 't+ l rbara Kirkmeye , ro-Ter BY: . iii �� '.:; � Deputy Clerk to the B:�`'f'(/ ,9,01 i� (/9• Sean P. Co y AP D AS T • Garc ounty Att rney E GC) David E. Long Date of signature: `4S I\\\t\\VIII\012tVIII\lt\%lI III VIII IIII IIII 2010-1804 \IIIIII IIIIPL0073 3714183 0812612010 13P ., nt 4 R 0.00 D 0.0 teve Moreno Clerk& Re A. I AGREEMENT FOR PLACEMENT OF TEMPORARY WIND MONITORING TOWER THIS AGREEMENT ("Agreement") is made and entered into this 3rd day of March, 2010, by and through the County of Weld, State of Colorado, acting through its Board of County Commissioners ("County") and Bromley Companies, LLC, DBA 70 Ranch. LLC ("70 Ranch"), whose address is stated in the attached letter designated as Exhibit "A." WITNESSETH WHEREAS, 70 Ranch, by letter, dated July 15, 2010, requesting approval for the placement of a wind monitoring tower to be used temporarily to determine whether the site is feasible for the placement of a utility-scale wind power project in Weld County, on real estate being more particularly described as: Part of the S1/2NE1/4 of Section 23, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado ("the Property"), said letter providing more information, and WHEREAS, 70 Ranch, in its letter of Exhibit A, has provided adequate proof and justification for the temporary placement of said wind monitoring tower in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing and the acceptance and approval of the following conditions, County and 70 Ranch agree as follows: 1. The above recitals are incorporated herein by reference. 2. 70 Ranch shall submit to County a final and complete USR application, when and if 70 Ranch decides to place wind turbines on the property permanently. 3. 70 Ranch shall provide to Weld County a performance guarantee cash deposit in the amount of Five Thousand and 00/100 ($5,000.00) ("Guarantee Deposit"). 4. Said Guarantee Deposit shall be held by the County pending final resolution and determination of a USR application. 5. If the USR is approved by County, the Guarantee Deposit shall be returned by County to 70 Ranch within ten (10) days of the recording of the USR plat in accordance with County procedures and requirements. 6. In the event the USR is not approved, 70 Ranch shall have six (6) months after final action to dismantle the temporary monitoring tower and return the Property to its existing condition. 7. 70 Ranch shall comply with all of the promises and covenants set forth in its letter of Exhibit A. 1 I VIII CO „„8 IIIII��� IIIII����111111111111111 114111111111 3�of�4 R 0.00 ZD�0.0012Steve Moreno Cle County,& Recorder Signed this 9`h day pfAugust, 2010. i r ATTEST: AUNTY OF WELD, a political Weld County i% Clerk to the Board r 1861 h su..plivision of the STATE OF COLORADO: By: / y.. et Ile-- Deputy Clerk t the Boar % Douglas ademach , Chairman Board of County Commissioners, AUG 0 9 2010 County of Weld Bromley Companies, LLC, DBA 70 Ranch, LLC By: Title: I IIIIII 11111 1111 13 IIII 1111 IIIII 3714183 08/26/2010 12:13P Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder cYC/C —AFC 11( [] Compass Bank 70 RANCH, LLC 5460 S QUEBEC ST#110 82-531-1070 GREENWOOD VILLAGE,CO 80111 Five Thousand and 00/100 Dollars CHECK NO. DATE AMOUNT 1109 Jul 8, 2010 ********$5,000.00 PAY TO THE WELD COUNTY GOVERNMENT ORDER / OF: C AU1H RIZED SIGNATURE As we idA:00.6.4aei 0711.42410. XittrAj /01- dm- THE BROMLEY COMPANIES,• � L.L.C. 8301 East Prentice Avenue, Suite 100, Greenwood illage, Colorado 80111 Telephone (303) 773-1005 Fax(303) 773-1176 July 15, 2010 Weld County Commissioners 915 Tenth Street P.O.Box 758 Greeley,CO 80632 Dear County tmmissioners, Our development company,the Bromley Companies,LLC,is exploring the feasibility of a utility-scale wind power project in Weld County. The Anemometer Loan Program(ALP)of Colorado State University has determined that our 14,000 acre'70 Ranch' property is an optimal testing site for such a project,and the ALP would like to erect a 30 meter(98 feet)tower to collect data on wind speed and direction on the property. The Bromley Companies,LLC owns the 70 Ranch through our 70 Ranch LLC entity,and with the County Commissioners' approval we would like to pursue wind testing on this property. As detailed in the attached Site Layout,the tower will be assembled on top of a heavy gauge steel plate,with five sets of supporting guy anchors. These wires will be marked with brightly colored wire guards,and each of the five anchor locations will be fenced within enclosures to prevent horses and cattle from rubbing against them. The Anemometer Loan Program has identified a suitable site for the anemometer tower,which is located on a parcel of land in the S1/2NE1/4 of Section 23,Township 5 North,Range 63 West, County of Weld,State of Colorado. This potential site was selected as it offers an elevated position,and it is not located within 250 feet of a public road,transmission line, or any other structure. Our request is to keep the tower in place for one year. We have been made aware of a$5,000 deposit to be placed in escrow to cover the cost of the removal of said tower if it is not removed within a one(1)year period,and this payment was mailed to the Clerk to the Board on July 15, 2010. Skiff M We appreciate your consideration of our request and please don't hesitate to contact us with any additional questions. Thank you, Ro A. Leembk a ms' The Bromley Companies, LLC 8301 East Prentice Ave, Suite 100 Greenwood Village,Colorado 80111 Direct: 303.785.5715 Elizabeth Strong From: Tom Parko Sent: Monday, August 02, 2010 4:51 PM To: Esther Gesick Subject: 70 Ranch Anemometer Request Attachments: 6 Warranty Deed (00017871).pdf; Anemometer Site Map_Reduced File Size.pdf; 70 Ranch Anenometer Letter024.pdf Esther: Attached is the info on 70 Ranch's request for an anemometer. Donna indicated that 70 Ranch tendered the $5,000 and we can make a copy and include it as part of the application. Donna also suggested we use the Global Winds Resolution as the template, which is attached as well. If you have any questions please let me know. Do you need some sort of staff report along with this or can I just get up and briefly explain the request during the hearing? Regards, Torn Parko, M.A.,CFM Planning Manager Weld County Planning Services Office:970-353-6100,ext 3572 Mobile:970-302-5333 Web: http://www.co.weld.co.us 1 Elizabeth Strong Subject: Consider Request for Installation of Anemometer- 70 Ranch, LLC (see attached) Start: Mon 08/09/2010 9:00 AM End: Mon 08/09/2010 9:30 AM Recurrence: (none) Meeting Status: Accepted Organizer: Esther Gesick Required Attendees: Tom Parko; CTB When: Monday,August 09, 2010 9:00 AM-9:30 AM (GMT-07:00) Mountain Time (US& Canada). Note:The GMT offset above does not reflect daylight saving time adjustments. 70 Ranch Inemometer Reques Can I get 70 Ranch LLC on the 9`h as well? They want to install an anemometer on their property. Donna sent me an example of what to submit and I have that ready. Tom to have paperwork to CTB no later than 5:00 p.m. 8/5/10. See 2010-0457 for example. 1 nil IIIIIIII III lit "i IIII 26i z 3137261 12/19/2003 03:08P Weld County, CO 1 of 38 ft 191.00 0 325.00 Steve Moreno Clerk& Recorder RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR SCANNING PURPOSES, WARRANTY DEED THIS WARRANTY DEED is made as of December 18, 2003, between PERKINS LAND & LIVESTOCK, LLC, a Colorado limited liability company ("Grantor"), whose address is 1514 East Main, P.O. Box 267, Unionville, Missouri 63565-0267, and 70 RANCH, L.L.C., a Colorado limited liability company ("Grantee"), whose address is 9145 East Kenyon Avenue, Suite 100, Denver, Colorado 80237-1815. GRANTOR, for and in consideration of the sum of THREE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($3,250,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns forever, the following real property in the County of Weld, State of Colorado, to wit(the"Property"): See Exhibit A attached hereto and incorporated herein by reference, together with all improvements, easements and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property, including, but not limited to, (1) all rights Grantor may have in reversions, remainders, rights-of-way, appurtenances, agreements, licenses, tenements and hereditaments, appertaining to or otherwise benefiting or used in connection with such real property or the Improvements (as hereinafter defined); (2) all of Grantor's interest, if any, in minerals and mineral rights, oil and gas and oil and gas rights (excepting those mineral rights, if any, previously reserved or otherwise severed by recorded instrument) appurtenant to the Property; and (3) all existing improvements, structures, and fixtures placed, constructed, installed, or located on the Property, and all fences, gates, plants, trees, landscaping, and other appurtenances located upon, over, or under the Property(the "Improvements"). GRANTOR does covenant and agree to and with Grantee to warrant and defend the Property and the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, subject to all real property taxes and assessments for the year in which this deed is dated, and the exceptions to title described on Exhibit B attached hereto. 11111111111 IIII 1111111111111 3137261 12/19/2003 03:08P Weld County, CO 2 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder THIS WARRANTY DEED is dated as of the day and year first above written. GRANTOR: PERKINS LAND &LIVESTOCK, LLC, a Colorado limited liability company By: "Cadellig-L-Ln Title: /yta.nv.. STATE OF COLORADO ) ) ss. COUNTY OF, tier p r The for oing ins ent was acknowledged before me this �0 -day of ). iAA Je 2003, by _p• QA)id yer U as at@tuack y- of Perkins Land &Livestock, LLC, a Colorado limited liability compdiiy. Witness my hand and official seal. My commission expires: /1-15--03 .spRY PV6 0ARELLA L.. Notary Public c.. BL0CH I PFOF. o`�QQ HAD\WF\F2\23016\Closing-Land\Deed-3.doc - 2 - I 11111 1111 lilt 11111 1111 HI I I 11111111111111 3137261 12/19/2003 03:08P Weld County, CO 3 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder HE(HIEIT A" LEGAL DESCRIPTION TOWNSHIP 4 NORTH. RANGE 62 WEST OF THE 6TH P.M. Section 3: NW1/4 Section 52 All EXCEPT a strip of land 100 feet wide, being SO feet Section 7: A ,nt Ra each side of center of track /4 oflsaidoSection 7 as ctral Railroad Company in the Sin/peed conveyed Co said company in need recorded in Book 50 at Page 586. ALSO EXCEPTING THEREFROMO Colorado limited liability parcel lnda conveyed to The TN Ranch. LLC, company by Deed recorded June 12, 2003 as Reception No. 3072323. TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. Section 3: W1/221/2 Section 15: W1/2E1/2, WS/2 Section 17: All Section 18: All _ _ _ .. . .. . .. . _. Section 19: All Section 20: All Section 21: All Section 29: All Section 31: All • Section 33: All TOWNSHIP 4 NORTH, RANGE 63 WEST OP THE 6TH P.M. Section 1: All ALSO EXCEPTING THEREFROM that parcel of dlandbasit conveyed to The TN Ranch, LLC, a Colorado limited i iteds Reception No. company by Deed recorded June 12, p 3072323. Section 3: ALL. EXCEPT a strip o₹ land 100 Eeet wide, being 50 feet on each side of center of track of Colorado Central Railroad Company in the NE1/4 of said Section 3 as conveyed to said company in Deed recorded in Book 50 at Page 586r and EXCEPT a strip of land 200 feet wide on each side of the center line of the railroad of the Union Pacific Railroad Company, as reserved by said Company in Warranty Deed to the NE1/4 of said Section 3 recorded in Book 301 at Page 52; and EXCEPT that part of NW1/4 of said Section 3 conveyed to Rose Park in Quit Claim Deed recorded in Book 1245 at Page 433 described as that portion of land lying and being along formerly laid hout e eas ase i county de of troad he lbut abandoned/2 of said section ae such.EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded ecordded May 26, 1995 in Book 1493 as Reception No. 2440048. ALSO EXCEPTING THEREFROM that parcel of land as conveyed co The Tb RDeed recorded Junea12,do 12003e d liability asRec Reception No. company by 3072323. Section 10; ALL, EXCEPT that part of the NE1/4SE1/4 thereof conveyed to the State Department of Highways.eci,DivWarrantyision ofDeed l Aighways, States of Colorado in Sp m recorded in Book 1215 as Reception No. 2161552, o described as ₹ollows; olit Beginning at a point on the East right of way line of a ce Weld County Road 69 (July 198 a) from which the East �- as Quarter corner of said Section 10 bears sfNorth 124 E degrees 08 minutes 40 Seconds East a distance =s `y thence North 89 degrees 30 minutes 40 seconds West 44 feet to a point on the West right of way line of Weld memo o County Road 69; Z^0` thence South 21 degrees 21 minutes 23 seconds West 0 0 222.37 feet; moms;c3 thence South Si degrees 36 minutes 40 sef way line of conds West 57.28 y d .o d feet to a point on the Northeast right �7 State Highway 36 (July 1988); IMill wthence South 57 degrees 36 minutes East continuing along --o-o said right of way line 293.45 feet; w o thence North 10 degrees 29 minutes 30 seconds West —o ui 397,59 feet, more or less, to the Point of Beginning. ��o• O ALSO EXCEPTING THEREFROM that parcel of land as conveyed MINI to The TA Ranch, LLC, a Colorado limited liability mom m company by need recorded June 12, 2003 as Reception No- ea s, 30 2323. sum N ALSO RXCEPTING THEREFROM that portion of Section 10 rn conveyed by Deed recorded November 4, 1998 as Reception momma No, 2651549• mom�gi TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. __M C VD o Section 9: All Section 13, All • Section 17: All Section Z0: there NW1/4; EXCEPT that portion of the S1/25w1/4 thereof conveyed to the Riverside Reservoir and Land Company in Warranty Deed recorded in Book 401 at Page 237, described as follows. __ __ - Eeginning. at a point 200 feet South 87 degrees 25 minutes East of Station-0 of the right of way of the feeder ditch of The Riverside Reservoir, from whence the Northwest corner of said Section 20 bears North 03 degrees 19 minutes West 4492 feet: thence run in an Easterly direction along the Southern boundary of the right of way of feeder ditch 750 feet to a point on the Southern boundary of said of right of way; to a point thence run due South 550 feet, more or less, p on the North bank of the South Platte River; bthence run ank of the yn a South Platteterly Riverdtoection the Placeng ofth¢ North Beginning. Section 21; All Section 22: All Section 23: All Section 24: All Section 25; All Section 27; E1/3, NW1/9, N1/2SW1/4, SE1/4SW1/4 Section 34: E1/2, E1/2NW1/4; and that part of the E1/2$W1/4 described as follows: Eeginning at a point on the North line of the SW1/4 of Section 34, 1675 feet East of the Northwest corner of said SW1/4, to a point on the North line of the right of way of the union Pacific Railroad Company; thence Southeasterly along said North line of said right Of way to the East line of said SW1/4: thence North on said East line to the Northeast corner of said SW1/4; thence West on the North line of said SW1/4 to the Point of Beginning. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048. ALSO EXCEPTING THEREFROM that parcel of land as conveyed to The TE Ranch, LLC, a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3072323. I11111111111 III 111111111111111111111111111111111111111 3137261 12/1912003 03:08P weld County, CO 5 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder Section 35: All THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception NO. ALSO I:EMPTING THEREFROM that parcel of land as conveyed to The TH Ranch, F.l,c, a Colorado limited dsliacilityn No. company by peed recorded June 12. 3072323. EXCEPT that part excluded from Patent from Section 36: the/State4, described the State of Colorado in ➢D6k 132 at Rage ].18, as follows' orth of the Commencing at.a point 1337 TownshiPt5NNorth. ftangeS62 West of corner of Section 36, the 6th P.N.: thence South 26 degrees 45 minutes East 44 feet; thence South 32 degrees 32 minutes East 199 feet; thence South 52 degrees 19 minutes East 192 feet: thence South 72 degrees 49 minutes East 296 feet; thence South 50 degrees 20 minutes East 101 feet; thence South 28 degrees 40 minutes East 503 feet; thence South 17 degrees 50 minutes East 441 feet to a point 1007 feet East of the So th est st corner of riof.saidfeet Section 36; being a strip of on each side of above described centerline. ALSO EXCEPTING THEREFROM that radorlimitedl of land as liabilityconveyed - _"- - — "._to_Tbe Tby Deei, _. company by Deed recorded June 12, 2003 as Reception No. -- 3072323. TOWN OF: All of Blocks 4 and 5, and all of Lots C and D; }IARDIN. TOGETHER an all Othe vacated alley A enuebetween betweenkBlocks and 45 andnd Loat d:, and all of acated Castle and 5 and Lot C; and all of vacated Davies Avenue South of Cullen Street; end the Southeasterly half of said vacated Davies Avenue between Cullen Street and Richthofen Street adjacent to said Lot D. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcels conveyed to the Colorado Central Railroad Company recorded in Book 30 at Page 237, described as follows: in Section 17, a o strippof land 60 feet wideh, Range 62 ent from through te center line of the Colorado Central Railroad on each aids thereof; through the NW1/4NE1/4 a strip of land 60 feet in width from the center line aforesaid and on each side thereof, through the NE1/4NWl/4 a strip of land 60 feet in width from said center line on each side thereof; through the Net/4NW1/4 a strip of land 100 feet in width from said center line on each side; Also, the following described tract in Section 1e, Township 4 North, Range 62 West through the N1/2NE1/4: a strip of land 130 feet wide measured from the center line aforesaid and on each side thereof; Also in Section 7. Township 4 North, Range 62 West a strip of land through the W1/2SW1/4, 150 feet wide from said center line on each side thereof; Also in Section 12, Township 4 North, Range 63 West a each P side l thereof throughde therom El/25E1 center line and on/4 111111 IIII IIII IOU 11111 Ills 111111 III III] III Ills 3137261 12/19/2003 03:08P Weld County, CO 6 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder The following is a description of the center line of the Colorado Central Railroad, Tow�igat a point North, Range 62 West, 1396 feet eSouth of its Township 4 Northeast corner; running thence North 81 degrees 30 minutes west 5730 feet to a stake; reel 19 minutes West 36 feet to a thence North 81 deg Stake; thence North BO degrees 38 minutes West 100 feet to a stake; thence North 79 degrees 38 minutes West 100 feet to a stakes thence North 78 degrees 38 minutes West 100 feet to a stake; thence North 77 degrees 3B minutes West 100 feet to a stake: thence North 16 degrees 38 minutes West 100 feet to a stake; thence North 75 degrees 38 minutes West 100 feet to a stake: thence North 74 degrees 3B minutes West 100 feet to a stake; thence Worth 73 degrees 38 minutes West 100 feet to a stake; thence North 12 degrees 30 minutes West 100 feet to a stake; thence North 71 degrees 38 minutes West 100 feet to a stake; thence North 70 degrees 38 minutes West 100 feet to a stake; thence North 69 degrees 38 minutes west 100 feet to a stake; thence North 68 degrees 38 minutes West 100 feet to a stake; - 38.minutes West 100 feet to a --- - -- thence North 67-degrees - stake; _-• _ "-- _- - _.- -. __ thence North 66 degrees 3B minutes West- 100feet to a stake; thence North 65 degrees 38 minutes West 100 feet to a stake; thence North 64 degrees 53 minutes West 50 feet to a stake; thence North 64 degrees 38 minutes West 4962 feet tosa stake at the edge of the Platte River, which fee 1278 feet West and 76B feet South of the quarter corner On the West line of Section 7, Township 4 North, Range 62 West. , The line thus described crosses the section and subdivisional lines as follows, The North and South center line of section 17 at point 1041 feet South of the quarter corner its North line. ' The West line of Section 17 at a point 68i feet f the Northwest cornet. The North line of Section 18 at a point 313 feet East of the quarter corner of said line. The North and South center line of Section 7 at a point 145 feet North of the quarter corner on its section line. The West line of Section 7 at a point 1361 feet South of the quarter corner on its West line. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcel: A tract Of land located in the g1/2 of Section 34, and the W1/2 of Section 35, all in Township 5 North, Range 63 West of being more paiularly describe eP Coty of rtcld as State of colored°, and follows: Commencing at the East Quarter corner of section 34 and considering the East line of paid Section 34 to bear Sother bearings res 00 containedtes 36 hereinsbeings SaSt relative thereto,with all thence South 00 degrees 00 minutes 36 seconds East, 36.00 feet along said Aast line to the True Point of Beginning; c thence South 86 degrees 09 minutes 00 seconds West, 0 71.00 teat; - m thence North 63 degrees 01 minutes 00 seconds West, 339.00 feet; ^s thence South 86 degrees 35 minutes 00 seconds west, emee it_ 86.00 feet; aim-U2 thence North 29 degrees 35 minutes 00 seconds West, G 52.00 feet; IEEE 2.= thence North 72 degrees 23 minutes 00 seconds west, =se = 2 = O 112.00 feet; - 0 thence North 79 degrees 25 minutes 00 seconds West, ut, 99.00 feet; -9 > thence North no degrees 00 minutes 00 seconds East, 3 y 318.00 feet; thence North 28 degrees 47 minutes 00 seconds West, o_0 00.00 feet; SIM co o thence North 16 degrees 07 minutes 17 seconds West, ciin em70.99 East; -0 thence North 28 degrees 28 minutes se seconds West, D —� te. e Nort; 0degrees 44 minutes 34 seconds East.memN o thence North 84 506.83 feet; —Si rn thence South 74 degrees 52 minutes 13 seconds 'last, - r 1042.77 feet to a point on said East line of Section 34:mi a a: thence South 74 degrees 52 minutes 13 seconds East, s . 31.08 feet; —c.. thence South 00 degrees 00 minutes 36 seconds East, 651.18 feet; e M`0 thence South 86 degrees 09 minutes 00 seconds West, —ca i•-. 30.07 feet to the True Point of Beginning. ALL OF SODJWCT PROPERTY LOCATED IN COUNTY OF WELD, STATE OP COLORADO. 111111111111!III1111111111111!III111111 III 11111IIII!III 3137261 12/1912003 03.0SP Weld County, CO 8 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder nIHIT A" LEGAL DESCRIPTION TOWNSHIP 4 NORTH, RANGE 62 WEST O8 THE 6TH P.M. Section 3: NW1/4 Section 5: All EXCEPT a strip o₹ land 100 feet wide, being 50 feet Section 7v All, on each a side of center of track /4 Colorado sai Section 7 as conveyed Company in the Sin/peed conveyed to said company in Deed recorded in Book 50 at Page 566. ALSO EXCEPTING THEREFROM that Cthataparcel of ofdland dbas siconveyed to The TH Ranch, y NO. company by Deed recorded June 12, 2003 as Reception 3072323. TOWNSHIP 5 NORTH, RANGE 62 WEST OF THB 6TH E.M. Section 3: W1/2E1/2 Section 15: W1/2E1/2, W1/a Section 17; All ." Section 16; All _ _ -- _ _. --. - - -- - —Section 19: All - � -- Section 20; All Section 21: All Section 29; All • Section 31; All Section 33: All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. Section 1: All ALSO EXCEPTING THEREFROM that parcel of land as conveyed c0 The TV Ranch, LLC, a Deed recorded Tune a12,o 12003e as d ReceptionNo. iability company by 3072323. Section 3; ALL, n each side oftcenter of of Dt 100 track ofeC Cowilorado bCenttral feet Railroad Company in the NE1/4 of said Section 3 as conveyed to said company in Deed recorded in Book 50 at Page 586; and EXCEPT a strip of land 200 feet wide on each side of the center line of the railroad of the Union Pacific Railroad Company, as reserved by said Company in Warranty Deed to the NE1/4 of said Section 3 recorded in Book 201 at Page 52; and EXCEPT that part of NW1/4 of said Section 3 conveyed to Rose Park in Quit Claim Deed recorded in Bock 1245 at Page 433 described as that portion of land lying and being along the West side of the N1/2 of said Section formerly laid out as a county road but abandoned as such. EXCEPTING THEREFROM a parcel conveyed to Weld County y deed recorded May 26, 1995 in Bock 1493 as ReCepu t No. 2440046. ALSO EXCEPTING THEREFROM that parcel of land as conveyed to The Tb Rado nch, d liability company n No. by Deed recorded June , 2003 as Reception 3072323. t..- Section 10: ALL, EXCBL'T that part of the NE1/4SE1/4Divisionhe f conveyed to the State Department of Highways ei al Warranty Deed 4' of • Highways, State o£ Colorado in Sp c o recorded in Book 1215 as Reception No. 2161552, a re described as LOllowa: line of Beginning at a point on the East right of way eaas Weld County Road 69 (July 1985) from which the East x Quarter Corner of said Section 10 bears sfNoortth124fdedegrees ma:I °= OB minutes 40 seconds East minuteance seconds West 44 o to thence North 89 degree s 10----a.= feet to a point on the West right of way line of Weld a E County Road 69; degrees 21 minutes 23 seconds West 'e a thence South 21 MOM f 222.37 feet; degrees 36 minutes 40 seconds West 57.28 9 y thence South 61 deg at d feet Co a point on the Northeast right of way line of a�ea feet Highway 36 (July 1988); am.. State thence South 57 degrees 36 minutee East continuing along e c o said right of way line 293.45 feet; �j thence North 10 degrees 29 minutes 30 Seconds West —0'397.59 feet, more or less, to the Point of Beginning. o ALSO EXCEPTING THEREFROM that parcel of land as conveyed mom 0 to The TH Ranch, LLC, a Colorado limited liability ea o company by need recorded June 12, 2003 as Reception No. 0 r a ALSO EXCEPTING THEREFROM that portion of Section 10 a o= conveyed by Deed recorded November 4, 1998 as Reception No. 2651549• =N -� TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. —men Section 9: All Section 13: All • Section 17: All section 20: S1/2, c/4; EXCEPT that portion of the Sl/25w1/4 thereof conveyed to the Riverside Reservoir and Land Company in Warranty Deed recorded in Book 401 at Page 237, described ae follows: Beginning at a point 200 feet South 87 degrees 25 minutes East of Station 0 of the right of way of the - feeder ditch of The Riverside Reservoir, from whence the Northwest corner of paid Section 20 bears North 03 degrees 19 minutes West 4492 feet; thence run in an Easterly direction along the Southern • bundary appoint onfthesouthernriht fboundary way of fofdsaider iofhright 750 foft to way: to a point thence run due South 550 feet, more or less, on the North bank of the South Platte River; thence run in a Northwesterly direction along the North bank of the South Platte River to the Place of Beginning. Section 21: All Section 22: All Section 23: All Section 24: All Section 25: All SE1/4SW1/4 Section 27: E1/2, NWl/4, N1/2SW1/4, Section 34: 1 a. Bt/2NW1/ : E1/2NW1/4; ndthat pert of the E1/2SW1/4 Beginning at a point on the North line of the SW1/4 of Section 34, 1675 feet East of the Northwest corner of said SW1/4, to a point On the North line of the right of way of the union Pacific Railroad Company; thence Southeasterly along said North line of said right of way to the East line of said SW1/4; thence North on said east line to the Northeast corner of said SW1/4; thence West on the North line of said Sw1/4 to the Point of Beginning. EXCEPTING THEREFROM a parcel conveyed ed9toa Weld s dcCounty by. deed recorded may 6 c in Book 2440048. toSTheXTRpTING Ranh, LW, aM that Coloradorcel Elf limited(liabilityconveyed company by Deed recorded June 12, 2003 as Reception No. 3072323. LIIIII 1111111111111 III! 111111 III 111111 III IIII 3137261 12/19/2003 03:08P Weld County, CO 10 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder Section 35. All THEREFROM a parcel conveyed to weld county by rre recorded May 2fi,e 1995 in Book 1493 as Reception No. deed 244004B. ALSO EXCEPTING THEREFROM that parcel a c ofd land andb liability Deed of conveyed to The TH Kann; O Colorado 2003 as Reception No- company by recorded June 12, 3072323. Section 36; the/State4 ofECOloradoa in Book e 122natd Page m Patent118 described as follows; Coseoencing at.a point 1337 feet North fRthee Southwest hwes of corner of Section 36, Township 5 North, the 6th P.M.: thence South 26 degrees 46 minutes East 44 feet; thence South 32 degrees 32 minutes East 199 feet; thence South 52 degrees 19 minutes East 192 feet; thence South 72 degrees 49 minutes East 296 feet; thence South 50 degrees 20 minutes East 101 feet; thence South 28 degrees 40 minutes East 503 feet; thence South 17 degrees 50 minutes East 441 feet to a point 1007 feet East of the Southwest corner of Said feet Section 36; being a strip of land 150 feet wide, 75 on each side of above described centerline. ALSO EXCEPTING THEREFROM that parcel of land as conveyed to The Tby Deed 7LC, a June do limited as1Reception No. company by Deed recorded June 12, 3073323. TOWN OF: All of Blocks 4 and 5, and all of Lots C and D; HARDIN: TOGETHER WITH all of the vacated alley between Blocks 4 and 5 and Lot C; and all of vacated Castle Avenue between Blocks 4 and 5 and Lot C; and all of vacated Davies Avenue South of Cullen St reet; the y half vacated betweenCulleneStreeta and Richtho£enStreet adjacent to said Lot D. EXCEPTING from the applicable portions o₹ the lands described in said Parcel 1 the following parcels conveyed to the Colorado Central Railroad Company recorded in Book 30 at Page 237, described as follows: In Section 17, Township 4 North, Range 62 West through the SE1/4NE1/4 a strip of land 60 feet wide from the center line of the Colorado Central Railroad on each aide thereof; through the 14011/4401/4 a strip of land 60 feet in width from the center line aforesaid and on each side thereof; through the NE1/4NW1/4 a strip of land 60 feet in width from said center line on each side thereof; through the NW1/4NW1/4 a strip of land 100 feet in width from said center line on each side; Also, the following described tract in Section 18, Township 4 North, Range 62 West through the N1/2NE1/4; a strip of land 130 feat wide measured from the center line aforesaid and on each side thereof; Also in Section 7, Township 4 North, Range 62 west a strip of land through the W1/2SW1/4, 150 feet wide from said center line on each aide thereof; Also in Section 12, Township 4 North, Range 63 West a strip of land 150 feet wide from said center line and on each side thereof through the E1/2SE1/4. iIllIIiiauit11111111111111111 IRE iii111111iiililt 3137261 12/19/2003 03:08P Weld County, CO 11 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder The following is a description of the center line of the Colorado Central Railroad, Beginning at a point on East line of T South of its Township 4 North.. Range 62 West, 1396 feet Northeast corner; running thence North 81 degrees 30 minutes West 5730 feet to a stake; thence North 81 degrees 19 minutes west 36 feet to a stake; thence North BO degrees 38 minutes West 100 feet to a stake; thence North 79 degrees 38 minutes West 100 feet to stake; thence North 78 degrees 38 minutes West 100 feet to a stake; thence North 77 degrees 38 minutes West 100 feet to a stake: thence North 76 degrees 38 minutes West 100 feet to a stake;thence North 75 degrees 3B Minutes West 100 feet to a stake; thence North 74 degrees 38 minutes West 100 feet to a stake; thence North 73 degrees 38 minutes West 100 feet to a stake; thence North 72 degrees 38 minutes West 100 feet to a stake; thence North 71 degrees 3B minutes West 100 feet to a stake; thence North 70 degrees 38 minutes West 100 feet to a stake; thence North 69 degrees 38 minutes west 100 feet to a stake; thence North 68 degrees 38 minutes West 100 feet to a stake; — --- - --- thence North 67--degrees 38.minutes West 100 feet to a thence North 66 degrees 38 minutes West 100 feet to a stake; thence North 65 degrees 38 minutes West 100 feet Co a stake; thence North 64 degrees 53 minutes West 50 feet to a stake; thence North 64 degrees 36 minutes West 4562 f stake osa stake at the edge of the Platte River, which 1278 feet West and 768 feet South of the quarter corner on the West line of Section 7, Township 4 North, Range 62 West. The line thus described crosses the section and subdivisional lines as follows, viz: The North and South center line of Section 17 at point 1041 feet South of the tivazter corner On its North line. • The West line of Section 17 at a point 682 feet South of the Northwest corner. The North line of section 18 at a point 313 feet East of the quarter corner of said line. The North and South center line of Section 7 at a point 145 feet North of the quarter corner on its section line. The West line of Section 7 at a point 1361 feet South of the quarter corner on its West line. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcel; A tract of land located in the E1/2 of Section 34, and the W1/2 of Section 35, all in Township S North, znh Range 9d 63 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows; commencing at the East Quarter corner of Section 34 and considering the East line o£ said section 34 to bear South 00 East bearings degrees t seconds gs containedhereinbeing and all relative thereto; other thence South 00 degrees 00 minutes 36 seconds East, y 36.00 feet along said East line to the True Point of F, Beginning; thence South 86 degrees 09 minutes 00 seconds West, d 711.00 rent; MEM m thence North 63 degrees 01 minutes 00 seconds West, .x 339.00 rest; thence South 86 degrees 3S minutes 00 seconds West, Eco86.00 feet; sac) o thence North 29 degrees 35 minutes 00 seconds West, a a 52.00 feet; -- a m thence North 72 degrees 23 minutes 00 seconds West, o 112.00 feet; acs m thence North 79 degrees 25 minutes 00 seconds West, v 99.00 feet; dIlln y thence North 00 degrees 00 minutes 00 seconds East, 3 318.00 feet: o thence North 28 degrees 47 minutes 00 seconds Nest, Era Fg.its 80.00 feet; weir Fi thence North 16 degrees 07 minutes 17 seconds West, las o c 70.99 feet; thence North 28 degrees 28 minutes 58 seconds West, lam 0 264.49 feet; c o thence North 84 degrees 44 minutes 34 seconds East, mm—01r 50 .93 feet; r 7. thence South 74 degrees 52 minutes 13 seconds East, al N CC i1042.77 feet to a point on said East line of Section 34; 'WWI— thence South 74 degrees 52 minutes 13 seconds East, —us 31.08 feet; '—o thence South 00 degrees 00 minutes 36 seconds East, 651.18 feet; �ce.e..;- thence South 86 degrees 09 minutes 00 seconds West. 30.07 feet to the True Point of Beginning. ALL OP SUASECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OF COLORADO. EXHIBIT B EXCEPTIONS 1 - 6 intentionally omitted. 7 . Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 . 8 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U. S . Patents of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED 9/18/1882 34 22 SE1/4NE1/4, NE1/4SE1/4 Section 34-5-63 5/3/1683 34 165 SE1/4NW1/4 Section 34-5-63 5/15/1891 57 139 NE1/4NW1/4, 1 /4 NE1/4NE1/4 Section 34-5-63 10/6/1898 51 387 NE1/4 Section 10-4-63 6/20/03 132 70 SW1/4 Section 34-5-63 11/15/05 132 143 W1/2SE1/4, SE1/4SE1/4 Section 34-5-63 4/30/09 132 245 S1/2SW1/4 Section 20-5-63 10/29/23 333 466 SE1/4 Section 20-5-63 9 . —Reservation of right of way-for any ditches or canals constructed_ . _ by authority of the United States, in U.S . Patents of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED 11/15/05 132 143 W1/2SE1/4, SE1/4SE1/4 • Section 34-5-63 3/27/17 461 172 SW1/4 Section 18-5-62 3/27/17 461 173 NW1/4 Section 18-5-62 3/27/17 461 174 SE1/4 Section 18-5-62 7/3/20 595 92 W1/2 Section 20-5-62 4/23/21 595 317 E1/2 Section 20-5-62 12/29/22 595 569 E1/2 Section 24-5-63 12/29/22 595 570 W1/2 Section 24-5-63 3/13/25 677 127 l/2NW1/4, SEl/4NW1/4, N Section 10-4-63 6/13/28 668 282 All Section 22-5-63 6/4/34 961 17 W1/2E1/2 Section 3 ; W1/2 , W1/2E1/2 Section 15, all Sections 17, 19 and 29; N1/2 Section 33-5-62 3/30/36 990 483 NE1/4 Section 18-5-62 6/30/36 995 338 51/2 Section 33-5-62 111111 IIIII/III IIIIIIII lit III 111111 III 111111 III III 3137261 12/19/2003 03:08P Weld Coenty, CO 13 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder 1 11111 11111 VIII 111111111111 TWO 111111 III 3137261 12/19/2003 03:08P Weld County, CO 14 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 10 . All coal and other minerals, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat . , 662) , as reserved in the following U. S. Patents of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED 4/23/21 595 317 E1/2 Section 20-5-62 12/29/22 595 569 E1/2 Section 24-5-63 6/13/28 668 483 NE1/4 282 All ection 2 -5-63 3/30/36 Section 18-5-62 and any interests therein or rights thereunder. il . Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in the following deeds of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED: 2/16/1900 -- 183 74 _A11 Sections 9..and 17-5-63 7/1/02 201 52 All Sections 25, 27 and N1/2 Section 35 of 5-63 ; 12/21/06 233 70 S1/2 Section 3-4-63 and any interests therein or rights thereunder. 12 . Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in the following deeds of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED: 3/23/05 217 526 N1/2NW1/4, SE1/4NW1/4, E1/2SW1/4, El/2 Section 7-4-62; and 25-5-63 4/18/06 233 27 All Section 21-5-63 4/7/16 445 24 All Section 13 and 23-5-63 and any interests therein or rights thereunder. 1111111111111111111111111111111111111111111111111111111 3137261 12/19/2003 03:08P Weld County, C0 15 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 13 . Right of way, whether in fee or easement only, of unspecified dimensions and location for the Hardin Ditch through Sections 2 , 3 , 4 and 12 , Township 4 North, Range 63 West and Section 33 , Township 5 North, Range 63 West, as disclosed by Map and Statement of the Hardin Ditch Company, recorded June 14 , 1984 in Book 39 at Page 168 . 14 . Right of way, whether in fee or easement only, for the Latham Extension Ditch 25 feet in width, granted to E. B. Barnes by Fritz Niemeyer by instrument recorded April 25, 1885 in Book 46 at Page 460, in which the specific location of the easement is not defined. (Affects NE1/4 Section 10) 15 . EXCEPTION DELETED 16 . Right of way, whether in fee or easement only, for the construction, operation and maintenance of an irrigating canal , as granted to the New England Livestock Company by Deed, recorded March 9, 1887 in Book 43 at Page 414, affecting the following described property: As more particularly described in said instrument . (Affects the NW1/4 and 51/2 of Section 19 and SW1/4 of Section 20-T5N-R63W) 17 . Right of way, whether in fee or easement only, for an irrigating ditch, as granted to the New England Livestock Company by Deed, recorded April 18 , 1687 in Book 69 at Page 203 , affecting the following described property: The SW1/4 of Section 21, Township 5 North, Range 63 West of the 6th P.M. 18 . The Hoover Ditch and right of way, whether in fee or easement only, therefor as evidenced by instruments recorded June 18, 1896 in Book 149 at page 113 and recorded May 23 , 1911 in Book 336 at Page 513 , in which the specific location of said ditch is not defined. (Affects the SW1/4 of 20-5-63) 1.11111111111111111111111 11111 1111111111 III 111111 I11 1111 3137261 12119/2003 03:08P Weld County, CO 16 of 38 R 191.00 D 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS 19 . Right of way, whether in fee or easement only, for an irrigation ditch, as granted to the New England Livestock Company by Deed, recorded February 3, 1887 in Book 43 at Page 401, affecting the following described property: Beginning on the North line of the SE1/4SW1/4 of Section 20 , Township 5 North, Range 63 West at a point 600 feet West of the Northeast corner of said 40 acres of land and running in an Easterly direction to the East line of said 40 acres at a point 200 feet South of said Northeast corner of said 40 acres, said right of way being 40 feet wide and 635 feet long. 20 . Right of way, whether in fee or easement only, 150 feet in width to operate and maintain a irrigation ditch as reserved by S . J. McAfee and A. M. Todd in the Deed recorded October 21, 1901 in Book 187 at Page 336, in which the specific location of said right of way is not defined. (Affects SE1/4 of 20-5-63) 21 . Right of way, whether in fee or easement only, for the inlet ditch to Riverside Reservoir, as granted to The South Platte Land, Reservoir and Irrigation Company by the Trustees under the Will of Robt . E. Carr and The Evans Investment Company, recorded April 20, 1904 in Book 208 at Page 545, affecting the following described property: As more particularly described in said instrument . (Affects Section 5-4-62) 22 . Right of way, whether in fee or easement only, for a canal feeder for reservoir, as granted to the Riverside Reservoir and Land Company by Deed, recorded November 4, 1904 in Book 218 at Page 404 , affecting the following described property: As more particularly described in said instrument. (Affects Sl/2SW1/4 20-5-63) 23 . Right of way, whether in fee or easement only, for public road, as granted to Weld County by Frank Benton, recorded February 7, 1905 in Book 212 at Page 78, affecting the following described property: A strip of land 50 feet in width lying between Sections 34 and 35, Township 5 North, Range 63 West the same being 25 feet on each side of the section lines. 24 . EXCEPTION DELETED. 1111111IIII! IIII1111111111111 Intl MEIN 3137201 12/19/2003 03:08P Weld County, CO 17 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 25 . Right of way, whether in fee or easement only, for an irrigation ditch of The Bijou Irrigation District, as awarded to said district under Decree of the District Court of Weld County, recorded December 23, 1907 in Book 271 at Page 156, affecting the following described property: As more particularly described in said instrument . (Affects Section 3-4-63) 26 . Right of way, whether in fee or easement only, for the Riverside Canal, as granted to The Riverside Reservoir and Land Company by The 70 Ranch and Farms Company, recorded March 3 , 1910 in Book 233 at Page 582, affecting the following described property: As more particularly described in said instrument . (Affects Sections 27 and 35, in T5N-R63W and Section 1-4-63 and Section 7-4-62) 27 . Right of way, whether in fee or easement only, for the Kersey Canal, as disclosed by Map and Statement filed October 20 , 1910 under Reception No. 159981, affecting portions of the following described property, said canal being 53 feet wide on the top and 40 feet on the bottom: NE1/4NW1/4, N1/2NE1/4, SE1/4NE1/4 Section 10, Township 4 North, Range 63 West of--the 6th P.M. 28 . Right of way, whether in fee or easement only, for the Empire Ditch, as granted to The Bijou Irrigation District by Louise Von Richthofen, recorded April 1, 1914 in Book 393 at Page 222 and as awarded to said district under Decree of the District Court of Weld County, Colorado under Decree recorded February 25 , 1907 in Book 202 at Page 182, affecting the following described property: As more particularly described in said instrument . (Affects 3-4-63) 29 . EXCEPTION DELETED 30 . EXCEPTION DELETED 31 . EXCEPTION DELETED 32 . EXCEPTION DELETED IIIIII 3137261 12/19/2003 03:08P Weld County, CO 18 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 33 . Right of way, whether in fee or easement only, for a public highway, as granted to Weld County, Colorado by Tom Beach, recorded April 9, 1927 in Book 814 at Page 491, affecting the following described property: As more particularly described in said instrument . (Affects Sections 10 and 3, in T4N-R63W) 34 . Right of way, whether in fee or easement only, for pipe line purposes, granted to Continental Oil Company in the following instruments of record, in which the specific location of the easement is not defined. Date of Record: September 3 , 1931 in Book 919 at Page 144 Grantor: Bernal B. and Anna Madison Property Affected: NE1/4 , SE1/4NW1/4 , N1/2SW1/4 20-5-62 Date of Record: September 28, 1931 in Book 920 at Page 580 Grantor: The Crebbin Investment Co. Property Affected: NW1/4 3-4-63 Date of Record: September 28 , 1931 in Book 920 at Page 582 Grantor: The Crebbin Investment Co. Property Affected: Part of E1/2SW1/4 34-5-63 Date of Record: September 28, 1931 in Book 920 at Page 598 Grantor: Harvester Investment Company, et al Property Affected: W1/2NE1/4 , NW1/4, NW1/4SW1/4 Section 15; N1/2NW1/4 Section 21; E1/2SE1/4, SW1/4SE1/4 SE1/4SW1/4 Section 19-T5N-R62W NE1/4, NW1/4SE1/4, SW1/4 Section 25 ; NW1/4NE1/4 , NW1/4 Section 35 ; SE1/4NE1/4, N1/2SE1/4 Section 34; T5N-R63W NOTE: Right of Way in Book 920 at Page 598 further described as 30 feet wide, entering at a point 240 feet South of the Northeast corner of Section 15-5-62 and leaving at a point 600 feet South of the Northwest corner of the SE1/4 of Section 34-5-63 . Date of Record: October 8 , 1931 in Book 921 at Page 320 Grantor: Pueblo and Title and Trust Company Property Affected: Block "D" , Town of Hardin 35 . EXCEPTION DELETED 36 . EXCEPTION DELETED 9rim 12/19/2003 03:088 Weld County, C0 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 37 . All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded March 8, 1935 in Book 974 at Page 421 . (Affects NWl/4 of 20-5-63) 38 . One-half of all oil in and to the W1/2 of Section 20, Township 5 North, Range 62 West of the 6th P.M. , as reserved by B. B. Madison in Deed recorded October 4, 1937 in Book 1016 at Page 311, and any interests therein or rights thereunder. 39 . Right of way, whether in fee or easement only, for electric transmission line purposes, as granted to the United States of America by Mathilde Saenger, recorded November 22, 1939 in Book 1053 at Page 111, affecting the following described property: As more particularly described in said instrument . (Affects Sections 10-T4N-R63W) 40 . EXCEPTION DELETED 41. Right of way, whether in fee or easement only, for electric transmission line purposes, as granted to The Northern Colorado Water Conservancy District by Jacob Croissant, Pete J. Croissant, R. C. Croissant, R. J. Croissant, and Harold Croissant, recorded June 12, 1942 in Book 1095 as Page 270, affecting the following described property: As more particularly described in said instrument . (Affects Section 10-4-63) 42 . An undivided one-fourth interest in and to all of the oil, gas and other minerals, as conveyed to Karl F. Crass in Deed recorded October 23, 1943 in Book 1119 at Page 304, describing lands as follows: The N1/2NW1/4, the SE1/4 of the NW1/4 of Section 10 ; also, all that part of the SW1/4 of Section 1 lying West and South of the West and South bank of the South Platte River; all in Township 4 North, Range 63 West; and any interests therein or rights thereunder. 11111111111lIII1111111111111 !III1111111111111111 �� Ill 3137261 12/19/2003 03:O8P Weld County, C0 20 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 43 . All oil, gas and other minerals in and under the N1/2NE1/4, SW1/4NE1/4 and NE1/4NW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. , as reserved by Weld County in Deed recorded October 23, 1943 in Book 1119 at Page 292, and any interests therein or rights thereunder. 44 . EXCEPTION DELETED 45 . A full undivided three-fourths interest in and to all of the oil, gas and other similar or dissimilar minerals whatsoever which were not excepted or reserved in patents or conveyances or other instruments of record, as reserved by Mathilde Saenger in recorded February 19, 1944 in Book 1127 at Page 453, describing lands as follows: All that part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , lying West and South of the West and South bank of the South Platte River as the same traverses said quarter section of land, and is more fully described in that certain Warranty Deed recorded in Book 251 at Page 82 ; Also the N1/2NW1/4, the SE1/4NW1/4, and the NE1/4SW1/4 of Section 10 , all in Township 4 North, Range 63 West of the 6th P .M. ; and any interests therein or rights thereunder. 46 . An undivided 8/25ths interest in and to all of the oil, gas and other similar or dissimilar minerals whatsoever, as conveyed to Hazel C. Manning in Deed recorded March 20, 1944 in Book 1129 at Page 337 , described as follows: Township 5 North, Range 63 West of the 6th P.M. Sec. 13 : All Sec . 22 : All Sec. 24 : All Sec. 25 : All Sec. 27 : All Sec. 34 : SE1/4 , SE1/4NE1/4, N1/2NE1/4, SWl/4NE1/4, NE1/4NW1/4 Sec. 35 : All Sec . 36 : SW1/4SW1/4 Township 4 North, Range 63 West of the 6th P.M. Sec. 1 : All, EXCEPT that part of the SW1/4 of said Section 1 lying South and West of West and South bank of the South Platte River, consisting of approximately 34 .47 acres of land, being 1, 820 feet on the South side and 1, 650 feet on the West side; Sec . 14 : N1/2 1 IBM 111111111 llllllll 11111 1111111111111 3137261 12119/2003 03:08P Weld County, CO 21d 38 R 191.00 D325.00 Steve Moreno Clerk& Recorder EXCEPTIONS Township 5 North, Range 62 West of the 6th P.M. Sec. 3 : W1/2E1/2 Sec . 15 : W1/2, W1/2E1/2 Sec. 17 : All Sec. 18 : All Sec . 19 : All Sec. 20 : All Sec. 21 : All Sec . 29 : All Sec . 31 : All Sec . 33 : N1/2 Township 4 North, Range 62 West of the 6th P.M. Sec. 3 : NW1/4 Sec. 5 : All Sec. 7 : All and any interests therein or rights thereunder. 47 . EXCEPTION DELETED 48 . EXCEPTION DELETED 49 . Right of way, whether in fee or easement only, for: (a) The construction, maintenance, repair, renewal and reconstruction of the earth dikes, as located North of the Union Pacific Railroad in Sections 1 and 12, Township 4 North, Range 63 West of the 6th P.M. , in Weld County, Colorado; (b) The construction, maintenance, repair, renewal and reconstruction of a culvert with control gate which is located in the dike, crossing the seep ditch in the SE1/4 of the SE1/4 of said Section 1; (c) The construction, maintenance, repair, renewal and reconstruction of an earth dike across the East channel of the South Platte River, upon and along a strip of land of sufficient width to accommodate said dike upon the lands situate in the SE1/4 of the SW1/4 of said Section 1 and in the NE1/4 of the NW1/4 of said Section 12, said dike to extend in a generally Easterly and Westerly direction across said East channel at, or near, the section line common to said Sections 1 and 12; and (d). The construction, maintenance, repair, renewal and reconstruction of jetties and/or other structures or devices deemed necessary for the protection of banks of said South 1'111111 11111 It 1111111 It 1IIII1111111111111111ill t 3137261 12119/2003 03:08P Weld County, CO 22M 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS Platte River from erosion, upon the lands of the party of the first part abutting and adjacent to said river in said Section 1 and in said N1/2 and NE1/4 of SE1/4 of said Section 12 ; and the right to maintain main or West channels of the South Platte River in said Section 1 and in the E1/2 of the NW1/4 of said Section 12, as granted to Union Pacific Railroad Company by E. E. Brown in Deed recorded June 22 , 1946 in Book 1181 at Page 540 . 50 . An undivided one-half of all oil, gas, carbo-hydrates, minerals and valuable deposits of every kind, nature or description, as reserved by Douglas A. Carruthers as the Conservator of the Estate of Georgia L. Carruthers in Conservator' s Deed recorded July 14 , 1948 in Book 1230 at Page 538, describing lands as follows : S1/2NW1/4, NE1/4SW1/4, NW1/4SE1/4, S1/2SE1/4 Section 2 ; That part of the W1/2NW1/4 lying North of the Union Pacific Railroad right-of-way and the Wl/2 of the NW1/4 of the SW1/4 and the Wl/2 of the SE1/4 of Section 12, EXCEPT 13 acres lying South and East of the Empire Canal; and the N1/2 of Section 3 ; All in Township 4 North, Range 63 West of the 6th P .M. , and all that part of the SW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. ; Beginning at a point in the North line of said SW1/4 1675 feet East of the Northwest corner of said Swl/4; running thence South parallel with the East line of said SW1/4 to a point in the North line of the right-of-way of the Union Pacific Railroad; thence Southeasterly along said North line of right-of-way to the East line of said SW1/4 ; thence North on said East line to the Northeast corner of said SWl/4 ; thence West on the North line of said SW1/4 to the Point of Beginning; and any interests therein or rights thereunder. 51. All oil, gas and mineral rights whatsoever not theretofore reserved or conveyed by previous instruments of record as reserved by Jacob Croissant in Deed recorded May 12 , 1950 in Book 1270 at Page 319, describing lands as follows : TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. Section 10 : W1/2 and any interests therein or rights thereunder. 52 . All oil, gas and other minerals underlying the SE1/4 of the NW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. , as reserved by Frank N. Mondt and Helen E. Mondt in Deed recorded May 23 , 1951 in Book 1303 at Page 496, and any interests therein or rights thereunder. 111111IIIII ���� 1111111111111 ���� 111111III1111111II1111 3137261 12/19/2003 03:08P Weld County, C0 23 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 53 . An undivided 7/11ths interest in and to all oil, gas and other minerals and all mineral rights, as conveyed to Christ Croissant, Florence Reck, Peter Croissant, Henry Croissant, Linda Glenn, Elsie Hooge and Elmer Croissant in Deed recorded January 10 , 1967 in Book 577 as Reception No. 1498906, describing lands as follows : Adopting the dividing line between Sections 2 and 3 , Township 4 North, Range 63 West of the 6th P .M. , as being the center of the established county road running North and South near or between the said Sections: All that part of the SE1/4 of Section 3, Township 4 North, Range 63 West of the 6th P.M. , lying North and East of the Empire Inlet Ditch; The W1/2 of the SW1/4; the SE1/4 of the SW1/4; and that part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, and the S1/2 of the SE1/4, lying South of the right of way of the Union Pacific Railroad Company, all in Section 2 , Township 4 North, Range 63 West of the 6th P .M. ; That part of the N1/2 lying North of The Empire Inlet Ditch and South of the right of way of The Union Pacific Railroad Company, all in Section 3, Township 4 North, Range 63 West of the 6th P.M. ; That part of the W1/2 of the SE1/4 lying South of the right of way of The Union Pacific Railroad Company, excepting 13 acres lying South and East of The Empire Canal, Section 12 , Township 4 North, Range 63 West of the 6th P.M. ; - ---- All that part of the SW1/4- of Section 34 , Township 5 North, Range 63 West of the 6th P.M. , described as follows: Beginning at a point on the North line of said SW1/4, 1675 feet East of the Northwest corner; thence running Southeasterly, parallel with the East line of said SW1/4, to a point on the North line of the right of way of The Union Pacific Railroad Company; thence Southeasterly, along said North line of said right of way to the East line of said SW1/4; thence North on said East line to the Northeast corner of said SW1/4 ; thence West on the North line of said SW1/4 to the Point of Beginning. All of Blocks 4, 5, C and D, all in the Town of Hardin, according to the recorded Map or Plat thereof . and any interests therein or rights thereunder. 54 . EXCEPTION DELETED . I iiiHi Hill IIII 1111111111111 IIII 111111 Ill 1111111 II 1111 3137261 12/19/2003 03:06P Weld County, C0 24 of 389191M 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 55 . Right of way, whether in fee or easement only, for a pipe line or pipelines and appurtenances, as granted to Phillips Petroleum Company by Vera Peterson, recorded May 11, 1971 in Book 646 as Reception No. 1567546, affecting the following described property: As more particularly described in said instrument . (Affects Sections 9, 17 and 20, in T5N-R63W) 56 . EXCEPTION DELETED 57 . EXCEPTION DELETED 58 . Right of way, whether in fee or easement only, for electric transmission or distribution line or system, granted to Poudre Valley Rural Electric Association in the following instruments of record, in which the specific location of the easement is not defined. Date of Record: March 21, 1973 in Book 688 as Reception No. 1609519 Grantor: Allard Cattle Co. Property Affected: Section 34-5-63 Date of Record: April 14., ._197.8 in.Book. 828 .as Reception_No._ _ 1750421 Grantor: H. Gordon Johnson Property Affected: NE1/4 Section 3-4-63 Date of Record: January 3, 1989 in Book 1220 as Reception No. 2166750 Grantor: National Farms Property Affected: Sections 26, 27, 35 ; in T5N-R63W 59 . An undivided one-half of all oil, gas and other minerals not theretofore conveyed or reserved, as reserved by Albert Croisant in Deed recorded February 4, 1974 in Book 708 as Reception No. 1629646, describing lands as follows: Adopting the dividing line between Sections 2 and 3, and 10 and 11, all in Township 4 North, Range 63 West of the 6th P .M. , as being the center of the established county road running North and South near or between the said Sections : That part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; That part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, the I 1111111111111111111111111111IIII111111III1111111111111 _ 3137261 12/19/2003 03:08P Weld County, CO 25 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS W1/2 of the SE1/4, and the SE1/4 of the SE1/4, all in Section 2 , Township 4 North, Range 63 West of the 6th P.M. , which lies North of the right of way of The Union Pacific Railroad Company; The SWl/4 of Section 3, and that part of the SE1/4 of Section 3 lying South and West of the Empire Canal, also known as the Empire Inlet Ditch, also known as the Empire Outlet Canal, said parcel also being described as that part of the S1/2 of Section 3 lying South of the Empire Inlet Ditch, also known as the Empire Outlet Canal, also known as the Empire Canal, and that part of the NW1/4 and the SW1/4 of the NE1/4 lying South of The Empire Inlet Ditch, also that part of the NEl/4 lying North of the right of way of The Union Pacific Railroad Company, all in Section 3 , Township 4 North, Range 63 West of the 6th P.M. The NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M. ; That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of Section 12, Township 4 North, Range 63 West of the 6th P.M. , lying North of The Union Pacific Railroad Company right of way, and any interests therein or rights thereunder. 60 . EXCEPTION DELETED 61 . EXCEPTION DELETED 62 . EXCEPTION DELETED 63 . An undivided 50% of 30% of all oil, gas, hydrocarbons and other minerals owned by grantors, as reserved by George L. Allard and Roxana E. Allard in Deeds recorded May 2, 1979 in Book 867 as Reception Nos. 1789168 and 1789169, describing the following lands : TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 3 : NW1/4 Section 5 : All Section 7: All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 1 : El/2 ; NWl/4; SW1/4 EXCEPT that part thereof, containing 34 .47 acres more or less lying South and West of the South Platte River: TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: 11111111111 I I I 111111111 I N I I I 1111111 III 111111111 1111 3137261 12/19/2003 03:08P Weld County, CO 26 of 38 R 191.00 D 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS Section 3 : The W1/2 of the E1/2 Section 15 : The W1/2 of the E1/2 and the W1/2 Section 17 : All Section 18 : All Section 19 : All Section 20 : All Section 21: All Section 29 : All Section 31 : All Section 33 : All TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 13 : All Section 22 : All Section 23 : All Section 24 : All Section 25 : All Section 27 : All, EXCEPT the SW1/4 of the SW1/4 Section 34 : The E1/2 and the E1/2 of the NW1/4 Section 35 : All Section 36: The SW1/4 of the SW1/4 , EXCEPT 5 8/10 acres thereof . Adopting the dividing line between Sections 2 and 3 , and 10 and 11, all in Township 4 North, Range 63 West of the 6th P .M. , County of Weld, State of Colorado, as being the center of the established county road running North and South near or between the said Sections: That part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; That part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, the w1/2 of the SEl/4, and the SE1/4 of the SE1/4, all in Section 2 , Township 4 North, Range 63 s the u d of Colorado, whichliesNorthof the right of way of The State Union Pacific Railroad Company; The SW1/4 of Section 3, and that part of the SE1/4 of Section 3 lying South and West of the Empire Canal, also known as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of the S1/2 of Section 3 lying South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also known as The Empire Canal, and that part of the NW1/4 and the Swl/4 of the NE1/4 lying South of The Empire Inlet Ditch; Also that part of the NE1/4 lying North of the right of way of The Union Pacific Railroad Company; all in Section 3 , Township 4 IIIIIIIIIIII11111111111111111ill!111111III111111111I111 3137261 12/19/2003 03:08P Weld County, CO 27 of 38 R 191.00 D 326.00 Steve Moreno Clerk& Recorder EXCEPTIONS North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado; The E County of Se Weld,Township own State hipf4Coorth, Range 63 West of the rth,Colorado; West of the 6th That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of Section 12 , Township 4 North, Range 63 West of the of t6th UP.Mn County of Weld, State of Colorado, lying North interests therein Pacific Railroad Company right of way, and any or rights thereunder. 64 . An undivided 50% of 20% of all oil, gas, hydrocarbons and other minerals owned by grantors, as reserved by George L. Allard & Co. , in Deed recorded May 2, 1979 in Book 867 as Reception No. 1789170, describing the following lands : TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.AM. , COUNTY OF WELD, STATE OF COLORADO: Section 3 : NW1/4 Section 5 : All Section 7 : All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 1 : E1/2; NW1/4 ; SW1/4 EXCEPT that part thereof, and containing 34 .47 acres more or less lying West of the South Platte River: TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 3 : The W1/2 of the E1/2 The W1/2 of the E1/2 and the W1/2 Section 15 : Section 17 : All Section 18 : All Section 19: ll Section 20 : All Section 21 : All Section 29: All Section 31: All Section 33 : All TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 13 : All Section 22 : All 1 11111111111 1111111111111111 11111 111111111111 1111 3137261 12119!2003 03:08P Weld County, CD 2801 38 R 191.00 D326.00 Steve Moreno Clerk&Recorder EXCEPTIONS Section 23 : All Section 24 : All Section 25 : All Section 27 : All, EXCEPT the SWl/4 of the SW1/4 Section 34 : The E1/2 and the E1/2 of the NW1/4 Section 35 : All Section 36 : The SW1/4 of the SW1/4, EXCEPT 5 8/10 acres thereof . Adopting the dividing line between Sections 2 and 3 , and 10 and 11, all in Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, as being the center of the established county road running North and South near or between the said Sections: That part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; That part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, the W1/2 of the SE1/4, and the SE1/4 of the SE1/4, all in Section 2, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, which lies North of the right of way of The Union Pacific Railroad Company; The SWl/4 of Section 3 , and that part of the SE1/4 of Section 3 lying South and West of the Empire Canal, also known as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of the S1/2 of Section 3 lying South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also known as The Empire Canal, and that part of the NW1/4 and the SWl/4 of the NE1/4 lying South of The Empire Inlet Ditch; Also that part of the NE1/4 lying North of the right of way of The Union Pacific Railroad Company; all in Section 3 , Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado; The NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado; That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of Section 12, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Pacific Railroad Company right of way, and any interests therein or rights thereunder. 65 . Terms, agreements, provisions, conditions and obligations as contained in Open Cut Mining Plan - Farr Pit recorded September 3 , 1980 in Book 913 as Reception No. 1834837 . (Affects Section 3 and 10, T4N-R63W) I 11111111111 I I I I1111111111111 I I I I111111 I I 11111111 3137261 12/19/2003 03:08P Weld County, CO 29 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 66 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreement by and between Vera Peterson, also known as Vera E. Peterson and Champlin Petroleum Company recorded April 3, 1981 in Book 932 as Reception No. 1854138 . (Affects S1/2 of Section 17-5-63) 67 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreements by and between W. D. Farr, a/k/a William D. Farr and Champlin Petroleum Company: DATE OF RECORD BOOK REC. NO. PROPERTY AFFECTED 4/3/81 . 932 1854139 SW1/4, part of SE1/4 , Section 3 , lying South and West of Empire Canal, T4N-R63W 7/9/82 972 1896995 S EXCEPTSWI/4SW1/4, T5N-R63W 8/30/82 976 1902289 W1/2, SE1/4, Section 13 , T5N-R63W 9/20/82 978 1904189 W1/2, SE1/4 Section 23 , T5N-R63W 68 . EXCEPTION DELETED 111111 1111 lIII 11111111 111 IIII 111111 3137261 12119/2003 03:08P Weld County, CO 30 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 69. Right of way, whether in fee or easement only, for pipe line purposes, as granted to Panhandle Eastern Pipe Line Company, in the instrument recorded , the location of which is shown in the map attached to said instrument . DATE OF RECORD: February 10, 1982 in Book 960 as Reception No. 1882628 GRANTOR: Harold O. Peterson and Vera Peterson PROPERTY AFFECTED: Sections 9, 17, 20 and 21, T5N-R63W DATE OF RECORD: July 12, 1982 in Book 972 as Reception No. 1897129 GRANTOR: W. D. Farr PROPERTY AFFECTED: w1/2 Section 27, T5N-R63W DATE OF RECORD: July 12, 1982 in Book 972 as Reception No. 1897134 GRANTOR: Vera Peterson PROPERTY AFFECTED: Sections 17, 20 and 21, T5N-R63W DATE OF RECORD: June 20, 1983 in Book 999 as Reception No. 1930799 GRANTOR: W. D. Farr PROPERTY AFFECTED: N1/2, SW1/4 Section 27; SE1/4 Section 22 ; 5w1/4 Section 23 ; T5N-R63W-- DATE OF RECORD: November 4, 1983 in Book 1012 as Reception No. 1946069 GRANTOR: W. D. Farr PROPERTY AFFECTED: SW1/4 Section 3 , T4N-R63W 70 . Oil and gas lease between William D. Farr, also known as W. D. Farr and Rock Oil Corporation dated August 11, 1982, recorded October 29, 1982 in Book 980 as Reception No. 1907717, and any interests therein or rights thereunder. Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Rock Oil Corporation, recorded December 28, 1983 in Book 1016 as Reception No. 1951274 . Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Rock Oil Company, recorded October 22, 1985 in Book 1088 as Reception No. 2029365 . (Affects W1/2 Section 24-5-63) 1111I IIII 1111111111111 Ell 111111 III IIII 11111 IIII 337261 12/19/2003 03:08P Weld County, C0 31 01 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 71 . Oil and gas lease between William D. Farr, also known as W.D. Farr and John Q. Moses dated November 19, 1982, recorded December 27 , 1982 in Book 985 as Reception No. 1912357, and any interests therein or rights thereunder. Note : Extension of the above lease as claimed by Affid Moses avi t of Production, pursuant to CRS 38-42-106, by JAhn and Patricia E. Moses, recorded December 4, 1984 in Book 1051 as Reception No. 1990725 . (Affects Sections 18 and 19, T5N, R62W) 72 . Right of way, whether in fee or easement only, for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, Inc. by Vera Peterson, also known as Vera E. Peterson and United Bank of Greeley, in the instrument recorded June 30, 1986 in Book 1118 as Reception No. 2058990, the location of which is shown in the map attached to said instrument . (Affects Section 20-5-63) 73 . All mineral interests, including all oil, gas and other minerals, as conveyed to Vera E . Peterson by Deed recorded July 8 , 1987 in Book 1162 as Reception No. 2106340, and any interests therein or rights thereunder. (Affects Sl/2 of Section 20-5-63) 74 . Any and all mineral rights and interests of the grantor, as reserved by The Travelers Insurance Company in Deed, recorded June 17, 1988 in Book 1199 as Reception No. 2145184, and any interests therein or rights thereunder. NOTE: Deed, from Travelers Insurance Company recorded June 17, 1988 in Book 1199 as Reception No. 2145185 . (Affects properties described therein) I Inn 13111 1111 IIII 111111 till liii liil 3137261 12/19/2003 03:08? weld County, CO 32 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 75 . Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the South Platte River lying within subject Land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands . NOTE: There are no documents in the land records of the office of the Clerk and Recorder of County of Weld, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above South Platte River or indicating any alterations of the same as from time to time may have occurred. 76 . Any rights, interest or easements in favor of the riparian owners, the State of Colorado, the United States of America, or the general Public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of South Platte River. 77 . Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog d of y Colorado srecorded nAugust d16, 1989tin Book Commissioners 1241 as Reception No. 2188697 . (Affects Sections 25, 26, 35, 36-5-63 ; 1-4-63 ; 5, 6, 7-4-62 ; 29, 30, 31, 32-5-62) 78 . Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog Farms, Inc. and Board of County Commissioners of Weld County, Colorado recorded September 26, 1991 in Book 1312 as Reception No. 2264416 . (Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63; 6 and 7-4-62 ; 16, 17, 18, 19, 30 and 31-5-62) 79. Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog Farms, Inc . and Board of County Commissioners of Weld County, Colorado recorded May 22, 1990 in Book 1264 as Reception No. 2214709 . (Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63 ; 6 and 7-4-62 ; 15 , 16, 17, 18 , 19, 20, 21, 30 and 31-5-62) IIIIII 1111 IIII 11111111 IIIII 1111111111 III 11111 IIII IIII 3137261 12/19/2003 03:08P Weld County, CO 33 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 80 . Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog Farms, Inc. and Board of County Commissioners of Weld County, Colorado recorded September 28, 1989 in Book 1245 as Reception No. 2193164 . (Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63) 81 . Weld County Road 69 as shown on Maps recorded August 15, 1989 in Book 1241 as Reception No. 2188569, and Reception No. 2195779 . (Affects 3-4-63) 82 . Right of way, whether in fee or easement only, for the right to construct, operate, maintain and remove such communication and other facilities and appurtenances, granted to The Mountain States Telephone and Telegraph Company by National Farms, Inc . by instrument recorded December 18, 1989 in Book 1251 as Reception No. 2200420, in which the specific location of the easement is not defined. (Affects Section 10-4-63) 83 . Right of way, whether in fee or easement only, for the right to construct, operate, maintain and remove such communication and other facilities and appurtenances, granted to The Mountain States Telephone and Telegraph Company by National Farms, Inc. by instrument recorded December 18, 1989 in Book---1-251 as Reception _-- .- No. 2200421, in which the specific location of the easement is not defined. (Affects Section 3-4-63) 84 . EXCEPTION DELETED 85 . Right of way, whether in fee or easement only, for the right to lay, construct, maintain, inspect, repair, replace, operate, and remove a pipeline and appurtenances, granted to Pacific Midland Production Company by National Hog Farms, Inc. by instrument recorded September 15, 1989 in Book 1244 as Reception No. 2191951, in which the specific location of the easement is not defined. (Affects Section 17-5-63) 86 . Right of way, whether in fee or easement only, for constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining and extending from time to time and overhead and/or underground electric line or system and appurtenances, granted to Poudre Valley Rural Electric Association, Inc . by National Hog Farms by instrument recorded February 26, 1990 in Book 1256 as Reception No. 2206183 , in which the specific location of the easement is not defined. (Affects Section 20-5-63) 111111 IIIII ���� IU1111111111 11111 IIII IIII ' 3137261 12/19/2003 03:08P Weld County, CO 34 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 87 . Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Agreement recorded April 28, 1995 in Book 1489 as Reception No. 2436222 . (Affects Sections 3 and 5-4-62) 88 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded May 26 , 1998 as Reception No. 2614999 . (Affects Section 13-5-63) 89 . Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between National Hog Farms, Inc. and Riverside Irrigation District recorded December 30, 1993 in Book 1419 as Reception No. 2366727 . (Affects Section 20-5-63) 90 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded March 8, 2000 as Reception No. 2754394 . (Affects SW1/4NW1/4 , NW1/4NW1/4 Section 17-5-63) 91. Terms, agreements; provisions, -conditions- and obligations- as contained in Surface Owner' s Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded January 12, 2000 as Reception No. 2743975. (Affects SW1/4SE1/4 Section 21-5-63) 92 . Oil and gas lease between National Hog Farms, Inc. and CFG Energy, Inc. dated January 25 , 2002 , for a primary term of 3 years, recorded February 25, 2002 as Reception No. 2927373 , and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by CFG Energy, Inc. , recorded February 25, 2003 as Reception No. 3035559 . Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by CFG Energy, Inc. , recorded February 27, 2003 as Reception No. 3036365 . (Affects NW1/4 Section 3-4-63) 11111111111 It 1111111111111IIII 111111 III 11111 IIII 3137261 12/19/2003 03:08P Weld County, CO 35 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 93 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded November 13 , 2000 as Reception No. 2806458 . (Affects SW1/4SW1/4 Section 9-5-63) 94 . Right of way, whether in fee or easement only, for purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline or pipelines and appurtenances, as granted to Duke Energy Field Services, LP by National Hog Farms, Inc. , recorded July 26, 2001 as Reception No. 2868822, affecting the following described property: As more particularly described in said instrument . (Affects SW1/4SW1/4 Section 9-5-63) 95 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreement by and between National Hog Farms, Inc . and Union Pacific Land Resources Corporation recorded September 29, 2000 as Reception No. 2797095 . (Affects E1/2NW1/4 Section 17-5-63) 96 . Right of way, whether in fee or easement only, for the purpose — from time to time of constructing, operat_ing, inspecting,_ maintaining, protecting, repairing, changing the size of, ond removing a pipeline or pipelines and appurtenances, granted Duke Energy Field Services, LP by National Hog Farm, Inc. by instrument recorded July 26, 2001 as Reception No. 2868821, in which the specific location of the easement is not defined. (Affects N1/2 Section 17-5-63) 97 . Right of way, whether in fee or easement only, for purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline or pipelines and appurtenances, as granted to Duke Energy Field Services, LP by National Hog Farms, Inc. , recorded July 26, 2001 as Reception No. 2868823, affecting the following described property: As more particularly described in said instrument. (Affects E1/2E1/2 Section 17 , N1/2 and SE1/4 Section 21-5-63) 1111111 iiiii IIII 1111111111111 IIII 111111 III 11111 IIII fill 3137261 12M9/2003 03.OBP Weld County, Co 36W 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 98 . Right of way, whether in fee or easement only, to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, rmonitor, abandon rgranted at Grantee' s election, one pipeline and appurtenances, as to HS Gathering, L.L.C. by National Hog Farms, Inc . , recorded August 2 , 2001 as Reception No. 2871038 , affecting the following described property: As more particularly described in said instrument . (Affects S1/2 and NW1/4 Section 20-5-63) 99. Right of way, whether in fee or easement only, for the right d remove an install , maintain, inspect, replace, erect, operate, above ground oil and gas related facility and appurtenances, granted to HS Gathering, L.L.C. by National Hog Farms, Inc . by instrument recorded August 2 , 2001 as Reception No. 2871039, in which the specific location of the easement is not defined. (Affects S1/2 and NW1/4 Section 20-5-63) 100 . Right of way, whether in fee or easement only, to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee' s election, one pipeline and appurtenances, as granted to HS Gathering, L.L.C. by National Hog Farms, Inc . , recorded February-l3,--20-02_ as--RPr option No..2925227, .affecting the following described property: As more particularly described in said instrument . (Affects S1/2 and NW1/4 Section 20-5-63) 101. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between National Hog Farms, Inc. and Riverside Irrigation District recorded August 28, 2001 as Reception No. 2878571 . (Affects Section 20-5-63) 102 . Any question as to the size or location of the subject property, by reason of the fact that Exhibit B of Agreement recorded December 30 , 1993 in Book 1419 as Reception No. 2366727, does not contain a legal description. (Affects Section 20-5-63) 103 . Terms, agreements, provisions, conditions, obligations and easements as contained in deed from National Hog Farms, Inc. to P. David Perkins, recorded September 6, 2002 as Reception No. 2985198, providing substantially as follows : 11111111111 IIII IU11111 IIIII Ell 111111 III 1111111111111 3137261 12/19/2003 03:08P Weld County, C0 37 of 38 R 191.00 D326.00 Steve Moreno Clerk& Recorder EXCEPTIONS "Grantee acknowledges that (1) the property in question has been the site of a Housed Commercial Swine Feeding Operation subject to the provisions of Colorado' s ballot Amendment 14 and regulations promulgated thereunder, and (ii) Grantor is currently negotiating a Compliance Order on Consent with the Colorado Department of Public Health and Environment (CDPHE) to resolve an outstanding Notice of Violation (NOV) . Grantee agrees that he shall not interfere, in any manner, with Grantor' s finalization of such Order and Grantor' s fulfillment of obligations arising either under such Order or any other final administrative or judicial determination issued as a consequence of the NOV. Grantee specifically agrees to provide Grantor and its agents with access to the property for soils and groundwater testing, phytoremediation, or the conduct of any other actions as may be required under such Order or determination. Grantor reserves such easements and rights of way necessary to comply with the directives of CDPHE. " (Affects all of subject property) 104 . Oil and gas lease between P. David Perkins and Rex Monahan dated December 31, 2002, recorded December 31, 2002 as Reception No. 3019621, and any interests therein or rights thereunder. (Affects Sections 3 and 5 in T4N-R62W: Sections 3, 15 , 17, 18 , 19, 20 , 21, 29, 31 and 33 in T5N-R62W; Section 1-T4N-R63W) 105 . Terms, agreements, provisions, conditions, obligations and easements as contained in General Warranty Deed recorded June 12, 2003 as Reception No. 3072323 . 106 . Terms, agreements, provisions, conditions, obligations and easements as contained in Special Warranty Deed recorded June 12 , 2003 as Reception No. 3072324 . 107 . Terms, agreements, provisions, conditions, obligations and easements as contained in Partial Assignment of Rights in Agreements recorded June 12, 2003 as Reception No. 3072325 . 108 . Terms, agreements, provisions, conditions, obligations and easements as contained in Pump No . 2 Easement and Joint Operating Agreement recorded June 12, 2003 as Reception No. 3072326 . 109 . Right of way, whether in fee or easement only, for road, granted to The TH Ranch, LLC, a Colorado limited liability company by Perkins Land & Livestock, LLC and P. David Perkins by instrument recorded September 12, 2003 as Reception No. 3106201, in which the specific location of the easement is not defined. (Affects 5-4-62, 1-4-63, and 35 and 36-5-63) 1111111'11111 liii 11111111 lOll Ell 111111 III 3137261 12/19/2003 03:0BP Weld County, C0 38 of 38 9 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 110 . Right of way, whether in fee or easement only, for a pipeline and appurtenances, granted to Duke Energy Field Services, LP by P. David Perkins by instrument recorded October 22, 2003 as Reception No. 3119400, in which the specific location of the easement is not defined. (Affects SW1/4 9-5-63) 111. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Perkins Land and Livestock LLC and EnCana Energy Resources Inc . recorded September 26, 2003 as Reception No. 3110511 . (Affects SW1/4NW1/4 20-5-63) 112 . Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Perkins Land and Livestock LLC and EnCana Energy Resources Inc . recorded September 26, 2003 as Reception No. 3110512 . (Affects NW1/4 20-5-63) 113 . Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Option Agreement recorded June 12 , 2003 as Reception No. 3072330 . 114 . Terms, agreements, provisions, conditions, obligations and ------- easements as contained in instrument recorded June 12, . 2003- as- Reception No. 3072322 . 115. Grazing Lease dated May 23, 2003 between Mike Cervi and Grantor. 116. 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