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Home My WebLink About20092510.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING DONATION OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND ACCEPTANCE OF DEED OF DEDICATION , AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -ZEILER FARMS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Donation of Right -of -Way for Certain Improvements to County Road 13 and a Deed of Dedication between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Zeiler Farms, Inc., 1205 Lochmount Drive, Loveland, Colorado 80537, with terms and conditions being as stated in said agreement and deed, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Deed of Dedication, 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 Agreement Concerning the Purchase of Right -of -Way for Certain Improvements to County Road 13 and the Deed of Dedication between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Zeiler Farms, Inc., be, and hereby are, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2009. ATTEST: Weld County Clerk to BY Deputy Clerk APPR County Attorney Date of signature 4/4/276/9 BOARD OF CO WELD CQJdNr7COLORADO TY COMMISSIONERS l//L-( William F. Garcia Chair C Orr L.-a- Dougla-Rademac er, Pro-Tem O � P. Conway .P� 2009-2510 EG0060 /DIL% COLORADO MEMORANDUM TO: Clerk to the Board DATE: September 22, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Agreement and Deed of Dedication with ZeilerFarms for improvements to WCR 13. Enclosures M \FrnncieAAgend-Leon. doe 2009-2510 AGREEMENT 480 CONCERNING DONATION OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN ZEILER FARMS, INC. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this as -day of 2009, by and between Zeiler Farms, Inc., a Colorado corporation, whose address is 105 Loc mount Drive, Loveland, Colorado 80537, hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10`1, Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns the property described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as the "Right -of -Way", and WHEREAS, County needs the Right -of -Way in order to complete the rebuilding and improvement of Weld County Road 13, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and a`8 CC i d 0 eti IVY I =o U o o o = U d to ni- t) CLCD d N co 0 o 0 0 rno e N tO Co o• CC o 4 - CO r V LO 0 mr WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to donate and County agrees to accept the donation of the Right -of - Way described and depicted on Exhibit "A". 2. Owner agrees to donate the Right -of -Way to County by Deed of Dedication, subject to all exceptions to title set forth on Exhibit "B" attached hereto and incorporated herein by this reference, which is Schedule B - Section 2 of the Commitment for Title Insurance issued by Security Title Guaranty Co. effective September 11, 2009 ("Title Commitment No. S0253064"), which affect title to the Right -of -Way. No mineral rights, including without limitation oil and gas interests, shall be conveyed by the Deed of Dedication, and Owner shall retain any and all water rights currently attached to or associated with the Right -of -Way. 3. County agrees to pay the recording fees for this Agreement and the Deed of Dedication. Page 1 of 3 act, 9 - .51L 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions or obligations referring to the subject matter whereof other than as contained herein. 5. Upon execution of this Agreement by County and Owner and the County's acceptance of the Deed of Dedication, the County shall have the irrevocable right to possess and use all of the Right -of -Way for the purpose of said rebuilding and improvement project. 6. Owner warrants that it is the owner of the Right -of -Way and will defend title thereto against all claims. 7. Owner represents and warrants that all prior general taxes levied have been paid in full by Owner. 8. County expressly acknowledges that the Right -of -Way is a donation to the County and is not required to be dedicated by the Town of Windsor, Colorado as a condition of approval of the Zeiler Farms First Annexation, Zeiler Farms Second Annexation or the Zeiler Farms First and Second Annexation Master Plan. County agrees to cooperate with Owner in providing any evidence of the donation of the Right -of -Way to satisfy Internal Revenue Service requirements in connection with the donation. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: ZEILER FARMS, INC., a Colorado c.rporation Kathle 11111111111111111111II1111111 1111 111111 III 11111 IIII 1II1 3654480 10/16/2009 02:26P Weld County, CO 2 of 11 R 0.00 ID 0.00 Steve Moreno Clerk & Recorder s er, Treasurer Page 2 of 3 ATTEST: Weld County Clerk to By 1111111 11111 1111 11111 111111 1111 111111 111 H111 1111111 3654480 10/16/2009 02:26P Weld County, CO 3 of 11 R 0.00 ID 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO By: Page 3 of3 William F. Garcia, Chairman 09/23/2009 DD9. OHIO EXHIBIT -A SW 1/4 57-T5N-R67W PROPERTY DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1586625 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 20.00 FEET OF THE WEST 50.00 FEET AND THE SOUTH 350.00 FEET OF THE NORTH 1001.29 FEET OF SAID SOUTHWEST ONE -QUARTER OF SECTION 7, THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. 1111111 11111 HIM VIII 111111 1111 111111 III 11111 IIII IIII 3654480 10/16/2009 02:26P Weld County, CO 4 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY ACQUISITION ZEILER FARMS WELD COUNTY, COLORADO WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 ROJEC SCALE: SRP-14 -ATE: MAY 27, 2009 (DRAWN BY: SHEET: 1 of 2 w 5 C I EXISTING 30' R.O. W. SW CORNER 57—T5N—R67W #6 REBAR WITH 3 r"ALUM. CAP STAMPED KING LS #34995 EXHIBIT -A SW 1/4 S7-T5N-R67W W 1/4 COR. S7—T5N—R67W #6 REBAR WITH 3 in ALUM. CAP STAMPED INTERMILL LS#12374 20.00' RIGHT-OF-WAY ACQUISITION ADDITIONAL RIGHT—OF—WAY 7,000 sf. HETNRILY ZEILER FARMS PARC.#095707000008 RECP. #1586625 54,1, rop NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE. ATTACHED LEGAL DESCRIPTION ONLY. NORTH RIGHT -07 -WAY LINE OF STATE HIGHWAY 34 ZEILER FARMS WELD COUNTY, COLORADO 11.1WIl 34 COLORADO 1 111111 11111 111111 11111 111111 Eli 11111 11111 IIII 3654480 10/16/2009 02:26P Weld County, CO 5 of 11 R 0.00 13 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT: SRP-14 DATE: MAY 27, 2009 SCALE; 1"=200' DRAWN BY' THE SHEET_ 2 of 2 09/16/2009 7:44:12 jn aM Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 1 of 6) File No.: 50253064, Amend. No. 6 SCHEDULE B — Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. I NO 11111 111111 IIIII 111111 IIII IIIIII 11111111 IIII IIII 3654480 10/16/2009 02:26P Weld County, CO 6 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 09/16/2009 7:44:12 jf1 RM Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 2 of 6) SCHEDULE B — Section 2 Exceptions (Continued) File No.: 50253064, Amend. No.6 7. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in Book 86 at Page 273. (Effects Parcels 1 & 2) 8. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted AND a right of way for ditches or canals constructed by the authority of the United States as reserved in the United States Patent recorded July 24, 1899 in Book 51 at Page 350. (Effects Parcel 1) 9. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded July 9, 1902 in Book 201 at Page 66. (Effects Parcel 2) 10. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded May 18, 1903 in Book 208 at Page 27. (Effects Parcels 1 & 2) 11 Reservations by the Union.Pacific Railroad Company of (1) oil, coal and other minerals underlying the land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded June 23, 1906 in Book 233 at Page 47, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 12. An easement for lines of telephone and telegraph and incidental purposes granted to The Mountain States Telephone and Telegraph Company by the instrument recorded May 28, 1926 in Book 796 at Page 328. (Effects Parcels 1 & 2) 13. An easement for communication systems and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 14, 1941 in Book 1078 at Page 588. (Effects Parcels I & 2) 14. An easement for an electric transmission line and incidental purposes granted to The United States of America by the instrument recorded March 22, 1948 in Book 1223 at Page 410. (Effects Parcel 2) 15. An easement for pipe lines and incidental purposes granted to Sinclair Pipe Line Company by the instrument recorded May 15, 1963 in Book 1646 at Page 350. (Effects Parcels 1 & 2) 16. An easement for underground pipelines and incidental purposes granted to the City of Greeley by the instrument recorded June 29, 1970 in Book 628 at Reception No. 1550115. Effects Parcels 1 & 2) 17. An undivided one-third interest in all oil, gas and other minerals as reserved by Lydia Libsack recorded September 13, 1971 in Book 653 at Reception No. 1575023, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 18. An undivided 7/24 interest in all oil, gas and other minerals as reserved by Louise Zeiler, et al recorded October 16, 1971 in Book 655 at Reception No. 1577153, and any and all assignments thereof or interests therein.(Effects Parcels 1 & 2) I111111VIII111111VIII1111111111111111III VIIIII 365448011 10/16/2009 0000.00 Steve Moreno Clerk & Recorder 111111 09/16/2009 7:44:12 jn RM Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 3 of 6) SCHEDULE B - Section 2 Exceptions (Continued) File No.: S0253064, Amend. No. 6 19. An undivided One -twenty-fourth interest in all oil, gas and other minerals as reserved by the estate of Mark A. Zeiler, a minor recorded October 16, 1971 in Book 655 at Reception No. 1577154, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 20. An easement for an electric line or system and incidental purposes granted to Poudre Valley Rural Electric Association, Inc. by the instrument recorded July 21, 1972 in Book 672 at Reception No. 1594044. (Effects Parcels 1 & 2) 21. All access rights as conveyed to The Department of Highways, State of Colorado in Deed recorded May 17, 1974 in Book 715 at Reception No. 1636752. (Effects Parcel 1) 22. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded August 11, 1976 in Book 774 at Reception No. 1695880. (Effects Parcels 1 & 2) 23. An easement for an electric line or system and incidental purposes granted to Poudre Valley Rural Electric Association, Inc. by the instrument recorded May 16, 1977 in Book 797 at Reception No. 1719289. (Effects Parcels 1 & 2) 24. Any effect of Letter regarding the plat of the Town of Kelim, recorded February 20, 1979 in Book 860 at Reception No. 1782238. (Effects Parcels 1 & 2) 25. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Zeiler Farms, Inc. and Champlin Petroleum Company, recorded October 18, 1983 in Book 1010 at Reception No. 1943874. (Effects Parcels 1 & 2) 26. Tams, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Zeiler Farms, Inc. and Champlin Petroleum Company recorded May 21, 1984 in Book 1031 at Reception No. 196760. (Effects Parcels 2) 27. An easement for a pipeline and incidental purposes granted to Natural Gas Associates by the instrument recorded April 17, 1985 in Book 1065 at Reception 2006139. (Effects Parcel 2) 28. Notice Of General Description Of Area Served By Panhandle Eastern Pipe Line Company Concerning Underground Facilities, recorded June 26, 1986 in Book 1117 at Reception No. 2058722. (Effects Parcels 1 & 2) 29. An easement for an electric line or system and incidental purposes granted to Poudre Valley Rural Electric Association, Inc. by the instrument recorded December 20, 1989 in Book 1251 at Reception No. 2200748. (Effects Parcel 1) 30. An easement for pipelines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded Apri14, 1994 in Book 1434 at Reception No. 2381652. (Effects Parcel 1) 31. Notice Of Oil And Gas Interests And Surface Use recorded January 24, 2001 at Reception No. 2821260. (Effects Parcels 1 & 2) 32. Terms, conditions, provisions, agreements and obligations contained in the Water Delivery Agreement recorded June 27, 2001 at Reception No. 2861219. (Effects Parcels I & 2) 1111111 11111 ION 11111 111111 1111 BIN 11111 IIII IIII 3654480 10/16/2009 02:26P Weld County, CO 8 of 11 9 0.00 ID 0.00 Steve Moreno Clerk & Recorder 09/16/2009 7:44:12 RM Form No. 1344-82 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 4 of 6) SCHEDULE B — Section 2 Exceptions (Continued) File No.: 50253064, Amend. No. 6 33. Request For Notification Of Surface Development recorded May 28, 2002 at Reception No. 2955258. (Effects Parcels I & 2) 34. Deed of Trust from Robert E. Sorensen and Tamara L. Sorensen, to the Public Trustee of Weld County, for the benefit of Provident Funding Associates, L.P., securing an original principal indebtedness of $280,150.00, and any other amounts and/or obligations dated April 16, 2004, recorded May 10, 2004 at Reception No. 3178562. (Effects Parcel 2) 35. An easement for a pipeline and launcher and incidental purposes granted to Kerr-McGee Gathering LLC ,by the instrument recorded September 21, 2005 at Reception No. 3324853. (Effects Parcel 2) 36. An easement for a pipeline and launcher and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded September 21, 2005 at Reception No. 3324857. (Effects Parcel 2) 37. Terms, agreements provisions, conditions and obligations as contained in Surface Use Agreement by and between Kerr-McGee Rocky Mountain LLC and Zeiler Farms, Inc. as evidenced by Memorandum of Surface Use Agreement recorded June 30 2006 at Reception No. 3400159. (Effects Parcels 1 & 2) 38. Notice Of Right To Use Surface Of Land recorded August 14, 2006 at Reception No. 3411667. (Effects Parcels 1 & 2) 39. All items as set forth on ALTA/ACSM Land Title Survey recorded September 6, 2006 at Reception No. 3417605. (Effects Parcels 1 & 2) 40. Request For Notification recorded December 12, 2006 at Reception No. 3441443. (Effects Parcels 1 & 2) 41. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded May 2, 2007 at Reception No. 3473140 and Rerecorded April 14, 2008 at Reception No. 3547546. (Effects Parcels 1 & 2) 42. Request For Notification Of Pending Surface Development recorded June 1, 2007 at Reception No. 3480248. (Effects Parcels 2) 43. Request For Notification Of Pending Surface Development recorded June 12, 2007 at Reception No. 3482891. (Effects Parcels 1 & 2) 44. Deleted. 45. Request For Notification Of Surface Development recorded October 12, 2007 at Reception No. 3511023. (Effects Parcels 1 & 2) 46. Terms, conditions, provisions, agreements and obligations specified under the Surface Use Agreement by and between Kerr-McGee Oil & Gas Onshore LP and Zeiler Farms, Inc. recorded October 24, 2007 at Reception No. 3513186. (Effects Parcels 1 & 2) 47. The following Oil and Gas Leases affecting subject property appear of record: a. Oil and Gas Lease recorded January 15, 1971 in Book 639 at Reception No. 1560588. 1111111 11111 111111 11111 111111 III! BIN 11111 II!! JIII 3654480 10/16/2009 02:26P Weld County, CO 9 of 11 R 0.00 ID 0.00 Steve Moreno Clerk & Recorder 09/16/2009 7:44:12 jfl PM Form No. 1344-B2 (C088) ALTA Plain Language Commitment EXHIBIT "B" (Page 5 of 6) SCHEDULE B — Section 2 Exceptions (Continued) File No.: S0253064, Amend. No.6 b. Oil and Gas Lease recorded January 27, 1971 in Book 639 at Reception No. 1561214. c. Oil and Gas Lease recorded September 22, 1975 in Book 748 at Reception no. 1670452. d. Oil and Gas Lease recorded September 22, 1975 in Book 748 at Reception No. 1670453. e. Oil and Gas Lease recorded September 22, 1975 in Book 748 at Reception No. 1670454. f. Oil and Gas Lease recorded August 15, 2005 at Reception No. 3313157. g. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344889. h. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344890. i. Oil and Gas 1 ease recorded December 6, 2005 at Reception No. 3344891. j. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344892. k. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344893. I. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344894. m. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344899. n. Oil and Gas Lease recorded December 20, 2005 at Reception No. 3349099. o. Oil and Gas Lease recorded February 13, 2006 at Reception No. 3362525. p. Oil and Gas Lease recorded February 13, 2006 at Reception No.3362526. q. Oil and Gas Lease recorded November 16, 2006 at Reception No. 3435243. r. Oil and Gas Lease recorded October 24, 2008 at Reception No. 3513190. s. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513191. t. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513192. u. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513193. v. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513194. w. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513195. x. Oil and Gas Lease recorded October 24, 2007 at Reception No. 35131%. y. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513197. z. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513198. aa. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513199. bb. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513200. cc. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513201. dd. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513202. ee. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513203. ff. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513204. gg. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513205. hh. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513206. ii. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513207. jj. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513208. kk. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513209. II. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513210. Mm Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513214. Nn Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513215. Note above items Effects Parcels 1 & 2) 48. An undivided 4.06% interest in all oil, gas and other minerals conveyed to Nathaniel Wayne Zeiler by Mineral Deed, recorded January 9, 2008 at Reception No. 3628070, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 1111111 HID I\\\II t\\\ IIIIII IIII 111111 111 111111 III \II\ 3654480 10/1612009 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk Recorder 09/16/2009 7:44:12W RM Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 8 of 6) SCHEDULE B - Section 2 Exceptions (Continued) File No.: 50253064, Amend. No. 6 49. An undivided 1.17% interest in all oil, gas and other minerals conveyed to Mark A. Zeiler by Mineral Deed, recorded January 9, 2008 at Reception No. 3528071, and any and all assignments thereof or interests therein. (effects Parcels 1 & 2) 50. An undivided 4.06% interest in all oil, gas and other minerals conveyed to Hanna Allison Zeiler by Mineral Deed, recorded January 9, 2008 at Reception no. 3528072, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 51. An undivided .04645% interest in all oil, gas and other minerals conveyed to Richard Harold Zeiler by Mineral Deed, recorded January 28, 2008 at Reception No. 3531615 and Correction Deed recorded May 8, 2009 at Reception No. 3621595 and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 52. An undivided .04645 interest in all oil, gas and other minerals conveyed to Paul Howell Zeiler by Mineral Deed, recorded January 28, 2008 at Reception no. 3531616 and Correction Deed recorded May 8, 2009 at Reception No. 3621594, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 20 53. An easement for pipeline and incidental purposes granted to Kerr-McGee Gathering, LLC by the instrument recorded April 14, 2008 at Reception No. 3547540. (Effects Parcels 1 & 20 54. All notes, easements, statements and rights of way as contained on the ALTA / ASCM Land Title Survey recorded May 5, 2008 at Reception No. 3551688. (Effects Parcels 1 & 2) 55. An easement for pipeline and incidental purposes granted to Kerr McGee Gathering LLC by the instrument recorded March 2, 2009 at Reception No. 3608371.(Effects Parcel 1) UNDO 1131 11111 111111 1111 III 111111 III till 3654480 10/16/2009 02:26P Weld County, CO 11 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 479 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Zeiler Farms, Inc., a Colorado corporation ("Owner") whose address is 1205 Lochmount Drive, Loveland, Colorado 80537,.being all of the owners of certain property in Weld County, Colorado, which is described and depicted on Exhibit "A" attached hereto and incorporated herein by reference ("Property"), does hereby dedicate forever said Property as part of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), subject to the reservations set forth hereinbelow and all exceptions to title set forth on Exhibit "B" attached hereto and incorporated herein by this reference, which is Schedule B - Section 2 of the Commitment for Title Insurance issued by Security Title Guaranty Co. effective September 11, 2009 ("Title Commitment No. S0253064"), which affect title to the Right -of -Way, and warrants title to the Property. Owner specifically reserves to itself the mineral estate under the Property, including without limitation oil and gas interests, and any and all water rights attached to or associated with the Property. OWNER: ZEILER FARMS, INC., a Colorado corporation STATE OF COLORADO ) ) ss. COUNTY OF we (-b ) K.'thleen Y. Wein eister, Treasurer The foregoing instrument was acknowledged before me this 22 day of So‘D- 2009, by Kathleen Y. Weinmeister, Treasurer for Zeiler Farms, Inc., a Colorado corporation. Witness my hand and offic.al seal. 11111! 11111MIII111111111111111111111III IIIIIJillIIIIi<emexn----4-^Yet`<-4-t 3654479 10/16/2009 02:26P Weld County, CO 1 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Notary PM* My commission expires: 00.0(_13 Page 1 of 2 I'w'.vrwer w%1 r�',�yrrrrrr Vi SIEVERs I rAUBLIC •wr�� of cOL oa ` ryiysos seal EXHIBIT -A SW 1/4 S7-T5N-R67W PROPERTY DESCRIPTION RIGHT OF WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1586625 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 20,00 FEET OF THE WEST 50.00 FEET AND THE SOUTH 350.00 FEET OF THE NORTH 1001.29 FEET OF SAID SOUTHWEST ONE -QUARTER OF SECTION 7, THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY, COLORADO. RIGHT-OF-WAY ACQUISITION ZEILER FARMS WELD COUNTY, COLORADO Etc WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT SRP-14 SCALE DATE: MAY 27 2009 DRAWN BY: SHEET' 1 Oft 1111111 11111 111111 11111 111111 1111 111111 III 11111 1111 1111 3654479 10/16/2009 02:26P Weld County, CO 2 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Section E List Property Addresses Below Current Market Value 1 3654479 3 REAL ESTATE Mortgage Balance VIII 11111 ION 10/16/2009 of 11 R 0.00 OWNED Gross Monthly Rental Income IIIII Id Ell 02:26P D 0.00 Steve Mortgage Payment VIE III IMBUE, Weld County, CO Moreno Clerk & Recorder Monthly Insurance, Taxes & Maintenance Net Rental Income $ $ $ $ $ $ TOTALS: Section F If Section B has been completed, this Other Party. Please mark Applicant -related this Section. $ Section should information $ BALANCE SHEET also be completed with an "A". If $ giving information Section B was not $ about both completed, only $ the Applicant and the give information about $ Jo nt Applicant or the Applicant in ASSETS VALUE LIABILITIES MONTHLY PAYMENTS UNPAID BALANCE Cash and Accounts $ Vehicle Loans $ $ Credit Cards (list names and account numbers) • Vested Interest In Retirement Funds Real Estate Owned Vehicles (Year, Make, Model) Homeowners Assn Dues or Lot Rent for mobile homes i, Rent 1, Real Estate Mortgages (list financial institutions) Stock and Bonds Other Assets (describe) Other Loans Alimony/Child Support Total Assets: $ Total Monthly Payments & Liabilities: $ $ If more space is needed to list Assets or Liabilities, please attach a separate sheet. Section G APPLICANT(S) TO COMPLETE Are you a co-signer or guarantor on any obligation(s) not listed on this application? ❑ Yes ❑ No Have you ever had judgments, garnishments, or other legal proceedings against you? ❑ Yes ❑ No EXHIBIT -A SW 1/4 S7-75N-R67W ti E&NRICY -IC- W 1/4 COR. S7-T5N-R67W #6 REBAR WITH 3 r ALUM. CAP STAMPED INTERMILL LS#12374 w i N p (20.001 U) n EXISTING 30"-+- R.O.W. ZEILER FARMS PARC.#095707000008 RECP.#1586625 ADDITIONAL RIGHT—OF—WAY 7,000 sf. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. SW CORNER 57-T5N-R67W I #6 REBAR WITH 3 "ALUM. CAP 1 STAMPED KING i NORTH RIGHT-OF-WAY -7 LS #34995 LINE OF STATE HIGHWAY 3� 34 RIGHT-OF-WAY ACQUISITION ZEILER FARMS WELD COUNTY, COLORADO Akt4t: IRDc COLORADO 1111111 VIII 111111 11111 111111 IIiI 111111 111 11111 1111 III; 3654479 10/16/2009 02:2613 Weld County, CO 4 of 11 R 0.00 ID 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 @ HIGHWAY 34 PROJECT: SRP-14 DATEMAY 27, 2009 SCALE; 1"=2O0' DRAWN BY J SHEET; 2 of 2 09/16/2009 7:44:12.0 RM Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 1 of 6) File No.: 80253064, Amend. No.6 SCHEDULE B - Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 111111111111 111111 I11I1 111111 1111 111111 III 11111 IIII I11I 3654479 10/16/2009 02:26P Weld County, CO 5 of 11 R 0.00 ID 0.00 Steve Moreno Clerk & Recorder 09/16/2009 7:44:12jn RM Form No. 1344-82 (00.88) ALTA Plain Language Commitment EXHIBIT "B" (Page 2 of 6) SCHEDULE B — Section 2 Exceptions (Continued) File No.: 50253064, Amend. No. 6 7. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in Book 86 at Page 273. (Effects Parcels 1 & 2) 8. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted AND a right of way for ditches or canals constructed by the authority of the United States as reserved in the United States Patent recorded July 24, 1899 in Book 51 at Page 350. (Effects Parcel 1) 9. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded July 9, 1902 in Book 201 at Page 66. (Effects Parcel 2) 10. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded May 18, 1903 in Book 208 at Page 27. (Effects Parcels 1 & 2) 11 Reservations by the Union -Pacific Railroad Company of (1) oil, coal and other minerals underlying the land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded June 23, 1906 in Book 233 at Page 47, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 12. An easement for lines of telephone and telegraph and incidental purposes granted to The Mountain States Telephone and Telegraph Company by the instrument recorded May 28, 1926 in Book 796 at Page 328. (Effects Parcels 1 & 2) 13. An easement for communication systems and incidental purposes granted to American Telephone and Telegraph Company by the instrument recorded May 14, 1941 in Book 1078 at Page 588. (Effects Parcels I & 2) 14. An easement for an electric transmission line and incidental purposes granted to The United States of America by the instrument recorded March 22, 1948 in Book 1223 at Page 410. (Effects Parcel 2) 15. An easement for pipe lines and incidental purposes granted to Sinclair Pipe Line Company by the instrument recorded May 15, 1963 in Book 1646 at Page 350. (Effects Parcels 1 & 2) 16. An easement for underground pipelines and incidental purposes granted to the City of Greeley by the instrument recorded June 29, 1970 in Book 628 at Reception No. 1550115. Effects Parcels 1 & 2) 17. An undivided one-third interest in all oil, gas and other minerals as reserved by Lydia Libsack recorded September 13, 1971 in Book 653 at Reception No. 1575023, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 18. An undivided 7/24 interest in all oil, gas and other minerals as reserved by Louise Zeiler, et al recorded October 16, 1971 in Book 655 at Reception No. 1577153, and any and all assignments thereof or interests therein.(Effects Parcels 1 & 2) 1 IIIIII VIII 1131 VIII 111111 IIII HIM III III IIII IIII 3654479 10/16/2009 02:26P Weld County, CO 6 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 09/16/2009 7:44:12 jn RM Form No. 1344-82 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 3 of 6) SCHEDULE B — Section 2 Exceptions (Continued) File No.: S0253064, Amend. No. 6 19. An undivided One -twenty-fourth interest in all oil, gas and other minerals as reserved by the estate of Mark A. Zeiler, a minor recorded October 16, 1971 in Book 655 at Reception No. 1577154, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 20. An easement for an electric line or system and incidental purposes granted to Poudre Valley Rural Electric Association, Inc. by the instrument recorded July 21, 1972 in Book 672 at Reception No. 1594044. (Effects Parcels 1 & 2) 21. All access rights as conveyed to The Department of Highways, State of Colorado in Deed recorded May 17, 1974 in Book 715 at Reception No. 1636752. (Effects Parcel 1) 22. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded August 11, 1976 in Book 774 at Reception No. 1695880. (Effects Parcels 1 & 2) 23. An easement for an electric line or system and incidental purposes granted to Poudre Valley Rural Electric Association, Inc. by the instrument recorded May 16, 1977 in Book 797 at Reception No. 1719289. (Effects Parcels 1 & 2) 24. Any effect of Letter regarding the plat of the Town of Kelim, recorded February 20, 1979 in Book 860 at Reception No. 1782238. (Effects Parcels 1 & 2) 25. Tams, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Zeiler Farms, Inc. and Champlin Petroleum Company, recorded October 18, 1983 in Book 1010 at Reception No. 1943874. (Effects Parcels 1 & 2) 26. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Zeiler Farms, Inc. and Champlin Petroleum Company recorded May 21, 1984 in Book 1031 at Reception No. 196760. (Effects Parcels 2) 27. An easement for a pipeline and incidental purposes granted to Natural Gas Associates by the instrument recorded April 17, 1985 in Book 1065 at Reception 2006139. (Effects Parcel 2) 28. Notice Of General Description Of Area Served By Panhandle Eastern Pipe Line Company Concerning Underground Facilities, recorded June 26, 1986 in Book 1117 at Reception No. 2058722. (Effects Parcels 1 & 2) 29. An easement for an electric line or system and incidental purposes granted to Poudre Valley Rural Electric Association, Inc. by the instrument recorded December 20, 1989 in Book 1251 at Reception No. 2200748. (Effects Parcel 1) 30. An easement for pipelines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded April 4, 1994 in Book 1434 at Reception No. 2381652. (Effects Parcel 1) 31. Notice Of Oil And Gas Interests And Surface Use recorded January 24, 2001 at Reception No. 2821260. (Effects Parcels I & 2) 32. Terms, conditions, provisions, agreements and obligations contained in the Water Delivery Agreement recorded June 27, 2001 at Reception No. 2861219. (Effects Parcels 1 & 2) 1111111 11111 111111 11111 111111 1111 111111II11111111111111 3654479 10/16/2009 02:26P Weld County, CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 09/16/20097:44:12jfl RM Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 4 of (3) SCHEDULE B — Section 2 Exceptions (Continued) File No.: 50253064, Amend. No. 6 33. Request For Notification Of Surface Development recorded May 28, 2002 at Reception No. 2955258. (Effects Parcels 1 & 2) 34. Deed of Trust from Robert E. Sorensen and Tamara L. Sorensen, to the Public Trustee of Weld County, for the benefit of Provident Funding Associates, L.P., securing an original principal indebtedness of $280,150.00, and any other amounts and/or obligations dated April 16, 2004, recorded May 10, 2004 at Reception No. 3178562. (Effects Parcel 2) 35. An easement for a pipeline and launcher and incidental purposes granted to Kerr-McGee Gathering LLC ,by the instrument recorded September 21, 2005 at Reception No. 3324853. (Effects Parcel 2) 36. An easement for a pipeline and launcher and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded September 21, 2005 at Reception No. 3324857. (Effects Parcel 2) 37. Terms, agreements provisions, conditions and obligations as contained in Surface Use Agreement by and between Kerr-McGee Rocky Mountain LLC and Zeiler Farms, Inc. as evidenced by Memorandum of Surface Use Agreement recorded June 30 2006 at Reception No. 3400159. (Effects Parcels 1 & 2) 38. Notice Of Right To Use Surface Of Land recorded August 14, 2006 at Reception No. 3411667. (Effects Parcels 1 & 2) 39. All items as set forth on ALTA/ACSM Land Title Survey recorded September 6, 2006 at Reception No. 3417605. (Effects Parcels 1 & 2) 40. Request For Notification recorded December 12, 2006 at Reception No. 3441443. (Effects Parcels 1 & 2) 41. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded May 2, 2007 at Reception No. 3473140 and Rerecorded April 14, 2008 at Reception No. 3547546. (Effects Parcels 1 & 2) 42. Request For Notification Of Pending Surface Development recorded June 1, 2007 at Reception No. 3480248. (Effects Parcels 2) 43. Request For Notification Of Pending Surface Development recorded June 12, 2007 at Reception No. 3482891. (Effects Parcels 1 & 2) 44. Deleted. 45. Request For Notification Of Surface Development recorded October 12, 2007 at Reception No. 3511023. (Effects Parcels 1 & 2) 46. Terms, conditions, provisions, agreements and obligations specified under the Surface Use Agreement by and between Kerr-McGee Oil & Gas Onshore LP and Zeiler Farms, Inc. recorded October 24, 2007 at Reception No. 3513186. (Effects Parcels 1 & 2) 47. The following Oil and Gas Leases affecting subject property appear of record: a. Oil and Gas Lease recorded January 15, 1971 in Book 639 at Reception No. 1560588. 1111111 11111 1131 111111111111111 111111111BLIP It 3654479 10/16/2009 02:26P Weld County, CO 8 of 11 R 0.00 0 0.00 Steve Moreno Clerk $ Recorder 09/16/2009 7:44:i 2.01 RM Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 6 of 6) SCHEDULE B— Section 2 Exceptions (Continued) File No.: S0253064, Amend. No. 6 49. An undivided 1.17% interest in all oil, gas and other minerals conveyed to Mark A. Zeiler by Mineral Deed, recorded January 9, 2008 at Reception No. 3528071, and any and all assignments thereof or interests therein. (effects Parcels 1 & 2) 50. An undivided 4.06% interest in all oil, gas and other minerals conveyed to Hanna Allison Zeiler by Mineral Deed, recorded January 9, 2008 at Reception no. 3528072, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 51. An undivided .04645% interest in all oil, gas and other minerals conveyed to Richard Harold Zeiler by Mineral Deed, recorded January 28, 2008 at Reception No. 3531615 and Correction Deed recorded May 8, 2009 at Reception No. 3621595 and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 52. An undivided .04645 interest in all oil, gas and other minerals conveyed to Paul Howell Zeiler by Mineral Deed, recorded January 28, 2008 at Reception no. 3531616 and Correction Deed recorded May 8, 2009 at Reception No. 3621594, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 20 53. An easement for pipeline and incidental purposes granted to Kerr-McGee Gathering, LLC by the instrument recorded April 14, 2008 at Reception No. 3547540. (Effects Parcels 1 & 20 54. All notes, easements, statements and rights of way as contained on the ALTA / ASCM Land Title Survey recorded May 5, 2008 at Reception No. 3551688. (Effects Parcels 1 & 2) 55. An easement for pipeline and incidental purposes granted to Kerr McGee Gathering LLC by the instrument recorded March 2, 2009 at Reception No. 3608371.(Effects Parcel 1) 11111111111111111IIIII11111111111111110111111��IIII 3654479 10/16/2009 02:26P Weld County, CO 9 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 09/16120097:44:12jn KM Form No. I344 -B2 (CO -88) ALTA Plain Language Commitment EXHIBIT "B" (Page 5 of 6) SCHEDULE B — Section 2 Exceptions (Continued) File No.: 50253064, Amend. No. 6 b. Oil and Gas Lease recorded January 27, 1971 in Book 639 at Reception No. 1561214. c. Oil and Gas Lease recorded September 22, 1975 in Book 748 at Reception no. 1670452. d. Oil and Gas Lease recorded September 22, 1975 in Book 748 at Reception No. 1670453. e. Oil and Gas Lease recorded September 22, 1975 in Book 748 at Reception No. 1670454. f. Oil and Gas Lease recorded August 15, 2005 at Reception No. 3313157. g. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344889. h. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344890. i. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344891. j. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344892. k. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344893. I. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344894. m. Oil and Gas Lease recorded December 6, 2005 at Reception No. 3344899. n. Oil and Gas Lease recorded December 20, 2005 at Reception No. 3349099. o. Oil and Gas Lease recorded February 13, 2006 at Reception No. 3362525. p. Oil and Gas Lease recorded February 13, 2006 at Reception No.3362526. q. Oil and Gas Lease recorded November 16, 2006 at Reception No. 3435243. r. Oil and Gas Lease recorded October 24, 2008 at Reception No. 3513190. s. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513191. t. Oil and Gas Trace recorded October 24, 2007 at Reception No. 3513192. u. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513193. v. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513194. w. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513195. x. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513196. y. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513197. z. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513198. aa. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513199. bb. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513200. cc. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513201. dd. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513202. ee. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513203. ff. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513204. gg. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513205. hh. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513206. ii. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513207. jj. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513208. kk. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513209. II. Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513210. Mm Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513214. Nn Oil and Gas Lease recorded October 24, 2007 at Reception No. 3513215. Note above items Effects Parcels 1 & 2) 48. An undivided 4.06% interest in all oil, gas and other minerals conveyed to Nathaniel Wayne Zeiler by Mineral Deed, recorded January 9, 2008 at Reception No. 3628070, and any and all assignments thereof or interests therein. (Effects Parcels 1 & 2) 111111 11111 111111 11111 111111 I I I 1111111 I I 1111111 I I I El 3654479 10/16/2009 02:26P Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights -of -Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 23rd day of September , 2009. ATTEST: I" 41 CLERK TO THE BOARD COUNTY COMMISSIO THE COUNTY OF WEL BY: STATE OF COLORADO ) ss. COUNTY OF WELD Deputy Clet to the Board BY: William F. Garcia, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 09/23/2009 The foregoing instrument was acknowledged before me this 23rd day of September , 2009, by William F. Garcia, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: M� C,mmw a Fm a May 5 2010 1 111111 11111 111111 11111 111111 1111 111111 III 111111 III III! 3654479 10/16/2009 02:26P Weld County, CO 11 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 2 of 2 ::&?UO 9 - 075 i Hello