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
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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
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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
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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
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13 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder
1 11111 11111 VIII 111111111111 TWO 111111 III
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 _
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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
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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
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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
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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
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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
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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
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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. Feed Purchase and Pasture Agreement dated October 8 , 2003 between
Grantor and Cervi Cattle Company.
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