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Home My WebLink About20091406.tiffCERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: C&M The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: See Attached deed recorded October 4, 1994 at Reception No. 2409517 CONVEYANCES (if none appear, so state): Reception No. 1582196 Reception No. 1601471 Reception No. 1654367 Reception No. 1654368 Reception No. 1707873 Reception No. 1707874 Reception No. 1879151 Reception No. 1879151 Reception No. 2157158 Reception No. 2409517 , Book 679 , Book 732 , Book 732 , Book 786 , Book 786 , Book 958 , Book 958 , Book 1211 , Book 1461 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 2211" day of October, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: i (.lits4a, Kerri Allison Title Examiner 2009-1406 • • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Ed Orr The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot A of Recorded exemption No. 0805-32-1-RE1539, According to the map recorded October 28, 1993 in Book 1408 at Reception No. 23857087, being part of the East half of the Northeast Quarter of Section 32, Township 6 North, Range 66West of the 6°i P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1514561 Reception No. 1586936 Reception No. 1636189 Reception No. 2357087 Reception No. 2357605 Reception No. 2610516 Reception No. 2667246 Reception No. 3542173 Reception No. 3543146 , Book 593 , Book 635 , Book 714 , Book 1408 , Book 1409 (for informational purposes only) This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 22°`' day of October, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: 1 I ill Lae/L4. Kern Allison Title Examiner • • • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Orr The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: THAT PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THAT STRIP OF LAND CONVEYED IN DEED RECORDED SEPTEMBER 5, 1881 IN BOOK 31 AT PAGE 324 AND EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED IN DEED RECORDED AUGUST 2, 1972 AT RECEPTION NO. 1594788. CONVEYANCES (if none appear, so state): Reception No. 1577157 Reception No. 3341838 Reception No. 3353230 Reception No. 3399141 , Book 550 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 221111day of October, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: Kern Allison Title Examiner • • • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Goetzel The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lots A and B of Recorded Exemption No. 0805-33-2-RE978, recorded May 4, 1987 at Reception no. 2098341, being in the Northwest Quarter of the Northwest Quarter of Section 33, Township 6 North, Range 66 West of the 6`!' P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1578443 Reception No. 1619633 Reception No. 2085417 Reception No. 2098341 Reception No. 2208320 , Book 656 , Book 698 , Book 1143 , Book 1155 , Book 1258 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 22°" day of October, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: 1.1111 0 if ziZt..iL Kerri Allison Title Examiner • • • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Goetzel-2 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: LOT A OF RECORDED EXEMPTION NO. 0805 -29 -3 -RE -247, RECORDED MARCH 3, 1977 IN BOOK 791 UNDER RECEPTION NO. 1712693 BEING A PART OF THE E1/2SW1/4 SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THAT PARCEL DEEDED TO THE GREELEY SALT LAKE AND PACIFIC RAIL ROAD COMPANY BY DEED RECORDED AUGUST 1, 1881 IN BOOK 31 AT PAGE 289. CONVEYANCES (if none appear, so state): Reception No. 1584995 Reception No. 1712693 Reception No. 1713727 - Reception No. 1749578 , Book 553 , Book 791 , Book 792 , Book 828 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 22nd day of October, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: ALL Jul l Ll ,L41A/ . Kerri Allison Title Examiner • • • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Camas Colorado -2 The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: See Attached Exhibit A CONVEYANCES (if none appear, so state): Reception No. 1586936 Reception No. 1636189, Book 714 Reception No. 2359899, Book 1412 Reception No. 2589201 Reception No. 2708888 Reception No. 2767404 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 22nd day of October, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: L11OWJOA- Kerni Allison Title Examiner • • • "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: Being a portion of the E1/2 of the NE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., lying North of the centerline of the Cache La Poudre River and also that portion of the SW1/4 of the NW1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., lying North of the Cache La Poudre River, County of Weld, State of Colorado, also known as Lot B of Recorded Exemption No. 0805 -32 -1 -RE 1539, recorded October 28, 1993 in Book 1408 as Reception No. 2357087. TOGETHER WITH a parcel of land situate in the NW1/4 of the SW1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows: Considering the South line of the SW1/4 of the NW1/4 of Section 33 as bearing North 89 degrees 52 minutes 39 seconds West and with all bearings contained herein relative thereto; Beginning at the Southeast corner of the SW1/4 of the NW1/4 of said Section 33; thence along the South line of said SW1/4 North 89 degrees 52 minutes 39 seconds West 32.23 feet to a point on the Westerly boundary line of that certain parcel of land as described in Book 1246 as Reception No. 2194429, said point being the True Point of Beginning; thence continuing along said South line North 89 degrees 52 minutes 39 seconds West 162.19 feet, more or less, to a point on the approximate centerline of the Cache La Poudre River; thence along said centerline of the Cache La Poudre River South 40 degrees 31 minutes 38 seconds East 244.70 feet to the Southwest corner of that certain parcel of land as described in Book 1246 as Reception No. 2194429, thence along the Westerly boundary of said Book 1246 as Reception No. 2194429 North 00 degrees 58 minutes 55 seconds East 185.68 feet to a point on the South line of the SW1/4 of the NW1/4 of Section 33 and the True Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed Co Weld County, Colorado by deed recorded October 12, 1989 in Book 1246 as Reception No. 2194429. • y hk Nf 13 /04/94 PG 1 OC AK2V 095117 -- - 24Mary An7n euersteinoWeldOCo., Clerk3&PRecorderOF 5 25.00 98 32 SPECIAL WARRANTY DEED THIS DEED, wade this 301/, da,m c—,5p4atd ;ar . le 94 . between C & M Ready Mix Concrete Co. of Boulder, • • 5.33 • urpomGon duly mgm teed and evicting under and by virtue of the law, of the Sute I Colorado gamer. and C & M Aggregates Limited, a Colorado limited partnership whose legl addre.,a c/o CAMAS America, Inc. 3333 S. Wadsworth Boulevard, Suite 210 Lakewood, CO 80?.'?? of Ihu owin nl W ITNESSETH. That the grantor, ter and h uideratam of thc,um nt � Ten Dollars and other good and valuable consideration tle�AJAW them ,ipl and sefticiency of which Is hereby acknowledged, has granted. bagainet sold and conveyed, and by these presents doe, grant, bargain, sell. convey. and confirm_ unto the Far. -e(5 its heirs, successors and assigns(nreser. all the real pmpeetyr together with in,pnnements, dune oray, situate, lying and being in the County of Weld . Slaw of ('olorudo. described us (allow,. See Exhibit A attached hereto and incorporated herein by this reference. Excepting all water rights applicable thereto owned by Grantor and located on, under or ap,,ur tenant to the real estate described on Exhibit A, such rights being conveyed by quit claim deed of even date from Grantor to Grantee. * except taxes and assessments for the year 1994 and subsequent years and thoselli matters set forth on Exhibit B attached hereto and incorporated herein by this reference. also Men., to street and number m. TOGETHER IER with all and sntgulan the hereditament, and appurtenance, therein belonging. tit in anyw we appertaining. and the reset -won and resew scuts. wmainder and remainders. rents, tonneand prnhts thereof. Ind all the mate. right, tide, Interest. claim and demand whatsoever of the gnmmr. either in law or equity, of, in and to the above bargained premise, with die heredluments arid appurtenances', To HAVE AND TO HOI.1) the said premises above bargained and described with the appurtenances, unto the greeteafnh hens. successor, and assigns forever. The grantor, for itself, its eucceosnrs and assigns does covenant and agree that a shall and will WARRANT AND FOREVER MEI-Ii,NU Neabove-hargained premise, in the quiet and peaceable pocsea ion of the gmnteels)its heirs. aa see„arc and assignsagainst alt aid cod y person or Iriv,nc claiming the whole or any part thereat be, trough or under the grantor, is IN WI [NESS WHEREOF, the gannet lids cauud its mrpante name n, be hemmtm subserihed nv its 1'resWrnland it corporate seal 10 he hereunto at fried attested by us Secretarythe day and scar tint his oven STATE. OF COLORADO County of Denver Tbetoieyj into otirutne at was adknon. iedeed before this 30-1- C & M READY MIX CONCRE'T'E CO. OF BOULDER a o a c)? By t—�J Patrick S. Groff, Vice prestaltit and Secretary Croft, as Vico President and [i t,y N 0taatl). Mix Concrete Co of Boulder, a Colorado corporation 1 yyeta,B.M,mnpspinss.. 4-I1-9., day at arbacsppth tali endp'umciat seal • •il''B 9eyt<Ht s`ti .and'. in 94 , President Secretary /44,44449! amen caarz:s aearson Crenew; Newt, Created Legal nefmntion t4 3e-an.t W. 5, Cu Set No.16H. Rev. 6-92. SFECIAL WARRANTY DEED (Capmetbel Bndtard Publlehing, 1313 Wua 4. Ihm,ee C'O SO1n2 —0M1 ]92-25d m— 5-9,3 SKLD LG SKL10422 WE 2409517-1994.001 • EXBIT A • HI LEGAL DESCRIPTION All that part of the N1/2 and the N1/2 of the S1/2 of Section 32, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, lying North of the Cache La Poudre River and West of the following described line: Commencing at the Northeast corner of said Section 32 and considering the North line of said Section 32 to bear North 90 degrees 00 minutes 00 seconds West and with all other bearings described herein being relative thereto; thence North 90 degrees 00 minutes 00 seconds West along the North line of said Section 32, a distance of 1,918.10 feet to the True Point of Beginning; thence South 00 degrees 45 minutes 07 seconds East, 1,140.00 feet, more or less to the existing center of the Cache La Poudre River and the terminus of the line; EXCEPT that parcel of land as conveyed to Roxena Von Trotha by Warranty Deed dated November 18, 1965 and recorded November 24, 1965 in Book 554 as Reception No. 1476288, Weld County Records, EXCEPT that parcel of land as conveyed to D and E Investment Company by Quit Claim Deed dated November 27, 1974 and recorded November 29, 1974 in Book 727 as Reception No. 1649367, Weld County Records. EXCEPT that parcel of land conveyed to Weld County, Colorado, a Body Corporate and Politic in Warranty Deed recorded June 12, 1980 in Book 905 as Reception No. 1827326, described as follows: A tract of land in the W1/2 of Section 32, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Beginning at the Northwest corner of Section 32 and running along the West line of Section 32 South 00 degrees 00 minutes 19 seconds West, 2,249.00 feet more or less to the center of the Cache La Poudre River; thence South 71 degrees 00 minutes 00 seconds East along the center of the Cache La Poudre River 31.73 feet to the East right-of-way line of aleld County Road 27 to the Point of Beginning; hence South 71 degrees East along the center of the Cache La Poudre River 8.85 feet to a point; thence North 00 degrees 45 minutes 56 seconds West, 622.93 feet to a point on the East right-of-way line of Weld County Road 27; thence along the East right-of-way line of Weld County Road 27, South 00 degrees 00 minutes 19 seconds West, 619.99 feet to the True Point of Beginning. 2409517 8-1461 P-1013 10/04/94 04:36P PG 2 OF 5 • SKLD LG SKL10422 WE 2409517-1994.002 • EXHIBIT B • WW. Farms Rights of way for county roads 30 feet wide on each side of CountynCoand townshilins as establishedmmissioners fore Weld County, recorded roct berof t 14,B of 1889 in Book 86 at Page 273. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded in Book 20 at Pages 57 and 210, and in Book 34 at Pages 88 and 168. Right of way 15 feet wide, with land on each side of said right of way for necessary slopes and embankments through and across subject property for Ditch No. 3, together with the right and privilege at any time of changing the course of said Ditch No. 3, aas sccontained in , Right in Book eedatothe on Colony of Colorado Page Uni Right of wav over and across subject property, necessaryto carrwtoer from Joneswith operate a lateral o Ditch, 4for the purpose of in, upon and over subject property constructing, operating, preparing and maintaining said ditch right of way as conveyed oB3. S. MClPage 1 , MoClenahan by warranty Deed recorded March 12, 1901 it Strip of land 30 feet wide off the entire W1/2 of the SW1/4 of the NW1/4 of Section 32 for road purposes, as conveyed to The County of Weld by Quit Claim Deed recorded October 17, 1901 in Book 163 at Page 15. er in NOTE: Thecontains abandonment of saidstrip voft clause landforthe road purposes. Terms, agreements, provisions, conditions and obligations as contained in Agreement recorded August 13, 1906 in Book 247 at Page 80. A license, easement and right of way expressly limited to that certain wagon road as located upon or across the NW1/4 of the NE1/4 of Section 32 from the SW1/4 of the NE1/4 of Said9S?ctioonkas contained in Right of Way Deed recorded October 14, 310 at Page 337. NOTE: Reserves unto Grantor perpetual use of said right of way, declaring a joint use by both parties. Easement and right of way to maintain lines of telephone and telegraph and other appurtenances, granted to The Mountain States Telephone and Telegraph Company by instrument recorded May 29, 1916 in Book 445 at Page 118, in which the specific location of the easement is not defined. Terms, agreements, provisions, conditions and obligations as contained in Agreement recorded March 18, 1920 in Book 587 at Page 338. 2409517 B-1461 P-1013 10/04/94 04:36P PG 3 OF 5 SKLD LG SKL10422 WE 2409517-1994.003 WW Farms(continued) The Helps Seepage Ditch and the right of way therefor as evidenced by Map and Statement recorded March 11, 1922 in Book 6 of Maps at Page 51. Terms, agreements, provisions, conditions and obligations as contained in Agreement recorded November 20, 1924 1n Book 762 at Page 73. Terms, agreements, provisions, conditions and obligations as contained in Agreement recorded March 22, 1932 in Book 930 at Page 38. Shark's Tooth Pipe Line Co's lines and rights of way therefor as evidenced by instrument recorded December 21, 1951 in Book 7 of Maps at Page 94. Easements and/or rights of way as granted or reserved in instrument recorded December 7, 1970 in Book 637 as Reception No. 1558530, the location of which is more particularly described in said instrument. NOTE: Agreement recorded October 18, 1990 in Book 1279 as Reception No. 02230515. Terms, agreements, provisions, conditions and obligations as contained in The Greeley -Loveland Shareholder's Domestic Water Agreements recorded December 20, 1963 in Book 500 as Reception Numbers 1424269 and 1424270. Easements and/or rights of way as granted or reserved in instrument recorded January 14, 1976 in Book 757 as Reception No. 1678880, the location of which is more particularly described in said instrument. Any rights, interests or easements in favor of the State of Colorado, the United States of America or the Public which exist or are claimed to exist in and over the waters, bed and banks of the Cache La Poudre River. The Supply Ditch, the Lowe Lateral and the William R. Jones Ditch and the rights of way therefor as evidenced by various deeds of record. Oil and gas lease between Hank Brown and Rodney P. Calvin dated January 13, 1977, recorded January 13, 1977 in Book 787 as Recention No. 1709323, 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 Calvin Petroleum Corporation, recorded March 22, 1982 in Book 963 as Reception No. 1886236, and recorded November 14, 1983 in Book 1013 as Reception No. 1946683 and recorded December 3, 1984 in Book 1051 as Reception No. 1990517. 2409517 B-1461 P-1013 10/04/94 04:36P PG 4 OF 5 SKLD LG SKL10422 WE 2409517-1994.004 • • • • • WW. Farms (continues) An undivided 25% interest in all o-., gas and other hydrocarbon minerals rights as conveyed co Harrison Resource Corporation .n a deed recorded Seotemner 29, 1988 in Book 1211 as Reception No. 02157156 and any interest therein or rights thereunder. The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 21, 1984 in Book 1041 as Reception No. 1379784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. .919757. 2409517 8-1461 P-1013 10/04/94 04:36P PG 5 OF 5 SKLD LG SKL10422 WE 2409517-1994.005 SOURCE OF LEGAL RIGHT TO ENTER In accordance with the terms of a Real Estate Contract for the following described property, dated August I, 2007, between the undersigned, as owner of said property, and Aggregate Industries- WCR, Inc., the undersigned owner hereby agrees to the inclusion of said property by Aggregate lndustries-WCR, Inc. in all nececcary federal, state and local permit applications required to conduct a sand and gravel mining operation on the property. THAT PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THAT STRIP OF LAND CONVEYED IN DEED RECORDED SEPTEMBER 5, 1881 IN BOOK 31 AT PAGE 324, AND EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED IN DEED RECORDED AUGUST 2, 1972 AT RECEPTION NO. 1594788. • • ) }ss. State of Colorado County of Weld Date. icto-31-06k 7fr The foregoing instruntent was acknowledged before me this f day of Witness my hand and official seal. (S E A L) My Commission expires: a - 1L -0 Riverview Resource Amendment to Permit M1999098 112c Page N2 of N31 • • E',g.Y„f:A- WARRANTY DEED 'MIS DEED made this 27th day of June, 2006, between Opera Gallerla, LLC of the County of 1� Weld and State of Colorado, grantor, and Ed Orr, whose legal address is 826 9t Street #200, Greeley, Colorado, County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor for and In consideration of the sum of Ten and no/100 Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, in the real property together with Improvements, if any, situate, lying and being in the County of Weld and State of Colorado described as follows: See Exhibit "A" attached hereto TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the grantor, either in law or equity, of, In and to the above bargained premises, with the heredltaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for itself, its heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, In law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except all taxes and as—S4ments for the year 2006 and subsequent years. The grantor shall and wilt WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable possession to the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, [N WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. O By Dc — `• Ed Orr STATE OF COLORADO) )ss COUNTY OF WELD ) and sworn to before me this 27th day of June, 2006, by Ed Orr as Manager of I11111111111111111111111 fill 11j1111111 III11111II11 IIII 3399141 08/27/2006 04:2eP Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder Notary Public ,e,44;„_ Riverview Resource Amendment to Permit M1999098 112c Page N3 of N31 • • EXHIBIT "A" PARCEL I: The West 1/2 of the Southwest 1/4 of Section 29, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado Excepting therefrom that strip of land conveyed in deed recorded September 5, 1881 in Book 31 at Page 324. Also excepting that parcel of land conveyed in deed recorded August 2, 1972 at Reception No. 1594788. PARCEL II: All that portion of the northeast quarter of the southeast quarter of Section 30, Township 6 North, Range 66 West of the Sixth Principal Meridian lying north of public road, County of Weld, State of Colorado Together with all Seller's interest, In all water, water rights, ditch, ditch rights, well, well rights, reservoir, reservoir rights and water taps appurtenant to the subject property induding, but not limited to, Firestien Well #1-8556 and Firestien Well #2-8557. I111111111111111 1111(111111 Oi l I11I 111 III 11111 f it l I I I I 3399141 06/2712006 64:29P Weld County, CO 2 of 2 K 11.00 D 0.00 Steve Moreno Clerk & Recorder Riverview Resource Amendment to Permit M1999098 112c Page N4 of N31 J aRecorded at .= ' ' o'elooi N. AP* 51976 star Reception Re. 17.1+P.r792 war awn samosa Raneder i-r JESS J. SMILER and ANITA C. KOMA R, husband ( and wife •. e• whose address is'14480-Weld County Rood P6, Greeley, County of Weld, State of Colorado, for the Consideration of Ton ond no/100 gdollars, in hand paid, horny sell end convoy to RTgRRD M. n)6T/.EL and NARY ANN GOEIEEt. whose addre n Is134nVold County Rand /66, Greeley, County or Weld, e and State or Colorado, the following real property in the County of AP YHD , and State of Colorado, to -wit: r' All of the Rest nit (Eli) of the Southwest Quarter (9d4) e of Section Twenty-nine (20), Tunable. Six (6) North ;Hoge Sixty-six (66) Vest•of the 6th P.N.. hRcan the following: • Commencing at the south quarter corner of Section Twenty- • nine (29), Township Six (6) North Runge Sixty-six (G6) gt Vest of the 6th P.M. and considering the smith lino of Section 29 to beer North 88°09'43` Seat sod gal other bear- ings to be relative thersto; thence North 00-03'31" Vest 32.2 foot; thence North 374.20 foot thence south 00°37,42" Mast6373.67+foot tto the south; line of void Section 29• thence North 88°09'43+ Fast along the south line of Stettin 29, 371 feet to the point of begin- ning, and EXCEPTING therefrom a 100 -foot strip an convoyed to the Greeley -Solt. Lake end Pecitie Railroad Company under deed recorded in Book 31, pogo 289 of the Vold County Records; And conveying to the grantees heroin seven (7) shores of the capitol stock of the itw Cache So Pondre Lrr1S°ting Conpany, sixteen (16) shares Of the capital st..ck of the Coohe la POsdre Ressrwir Company, end all ether outer, ester rights, ditches, ditch rigtm, irrigati0c wells, tiler, rights -of. way and easements appurtenant to said lends; .,a,..tt with 111 its eppurtesencn end warrant the title to the se, subject to reservations contained ire n deed recorded Sn Book S page 441St to temp and condition of agreement recorded in Book 715 page Chet to previous reservations of all oil, gas and Other ninewis ea ided 1n dad retarded in Stook 1598, pegs 376, and Rook 792, ion Ne. 1713727; to right-of-way easement fronted in instrument recorded under Reception IN.. 1010132; to tsoibsien within the Northern Colo- rado Voter Ceneerwaney-District, the Vindeor-Sevennte Piro Protec- tion District, the Vest Groan Sell Censerntion District and the North Veld CountyWater District; to deed of trout reca,Jaaa in Nook 792 under Reception'No. 1713728 and a promissory ;vote secured by ' • said deed of trust, which deed of trust thegrantee' herein. ass end agree to pay by acceptance of delivery of this deed; farther sub - ion to the 1977 -taxes, payable in 1910. All references to Book, . page end Reception numbers are to the Weld County Reeerds. Signed this day of April, 19:(8. SCATS ..2a -L, avcbnn one wire tag instromt win acknowledged batore se thin ��/S�� MS J. DOWAR and ABM C. lMwa I by e fitic lt- hand and Mal seal. ;.log* Mom expires: ,/Lt J �,/i .,� .f,°or �i4`a not Fdbe ! ✓7•t bus me Dormoutorr nee APR 5 1916, M.65 5.(35 •tr 414 ivy e ; i 1 e Riverview Resource Amendment to Permit M1999098 112c Page N5 of N31 tem pil.ttvaU uri' ARTICLES OF MERGER OF toolvsomermrsourroNsrti� CAMAS COLORADO, INC-.C.:-N?1Q \c:\% an Indiana corporation SWr\\\1a AND AGGREGATE INDUSTRIES-WCR, INC.,QQLt, ZppO`Z 1Z�,`� a Colorado corporation To the Secretary of State State of Colorado 20001253953 C $ 110.00 SECRETARY OF STATE 12-27-2000 14:31:18 Pursuant to the provisions of Section 7-111-105 of the Colorado Business Corporation Act, the domestic business corporation and the foreign . business corporation herein named do hereby submit the following Articles of Merger. 1. The name and state of incorporation of each of the constituent corporations participating in the merger is as follows: Name of Corporation State of Incorporation CAMAS Colorado, Inc. ("CAMAS") Aggregate Industries - WCR, Inc. Colorado ("AI-WCR") 2. Annexed hereto and made a part hereof is the Plan of Merger for. merging CAMAS, an Indiana corporation with. and into AI - WCR, a Colorado corporation as approved by Unanimous Written Consent of the Board of Directors of CAMAS on December 22, 2000, by Written Consent of the Sole Shareholder of CAMAS on December 22, 2000, by Unanimous Written Consent of the Board of Directors of AI-WCR on December 22, 2000, and by Written Consent of the Sole Shareholder of AI-WCR on December 22. 2000. 3.The number of votes cast for the Plan of Merger by each voting group of CAMAS entitled to vote separately on the merger was sufficient for approval by that voting group. Indiana 4. 'The number of votes cast for the Plan of Merger by each voting group of AI-WCR entitled to vote separately on the merger was sufficient for approval by that voting group. COMPUTER UPDATE COMPLETE MJ i Riverview Resource Amendment to Permit M1999098 112c Page N6 of N31 5. The merger herein provided for is permitted by the laws of the jurisdiction of organization of CAMAS -and is in compliance with said laws. 6. AI-WCR will continue its existence as the surviving corporation upon the effective date of the merger pursuant to the provisions of the Colorado Business Corporations Act. 1. The executed Plan of Merger is on file at the principal office of.AI- WCR, which is located at 3605 S. Teller Street, Lakewood, Colorado 80235. 8. The effective time of the Plan of Merger shall be 11:59 p.m. M.S.T. on December 31, 2000. [SIGNATURE PAGE FOLLOWS] 2 Riverview Resource Amendment to Permit M1999098 112c Page N7 of N31 • • The foregoing Articles of Merger are hereby agreed to and executed. CAMAS COLORADO, INC., an Indiana corporation AGGREGATE INDUSTRIES - WCR, INC., a Colorado corporation By: 17499CLUXC Riverview Resource Amendment to Permit M1999098 112c Page N8 of N31 • • PLAN OF MERGER OF CAMAS COLORADO, INC., an Indiana corporation WITH AM) .INTO AGGREGATE IND�W CRS INC., a Colorado corporation PLAN OP MERGER approved on December 22, 2000 by CAMAS Colorado, Inc., a business corporation of the State of Indiana ("CAMAS"), and by resolution adopted by its Board of Directors on said date, and approved on December 22, 2000 by Aggregate Idustries-WCR,,iac., a business corporation organized under the laws of the State of Colorado ("AI WCR"), and by resolution adopted by its Board of Directors on said date. I. At 11:54 pan. M.S.T. on December 31. 2000 (the "effective time and date") CAMAS shall, pursuant to the provisions of the Indiana Business Corporation Law and of the Colorado Business Corporations Act, be merged with and into AI-WCR, which shall be the surviving corporation at the effective time and date of the merger and which is sometimes hereinafter tcfcucc1 to as the "surviving corporation", and which shall continue to exist as said surviving corporation under its present name pursuant to the provisions of the Colorado Business Corporation Act. The separate existence of CAMAS, which is sometimes hereinafter .referred to as the "terminating corporation", shall cease at the effective time and date in accordance with the provisions of the InchanaBusiness Corporation Law. 2. The Articles of Incorporation of the surviving corporation as in force and effect at the effective time and date of the merger in the State of Colorado shall be the Articles of lt,aoap<naiion of said surviving corporation and said Articles of Incorporation shall eS mtinue in full force and effect until amended and changed in the manna prescribed by the laws, of the State of Colorado. 3. The bylaws of the surviving corporation as in fate and effect at the effective time and date of the merger will be the bylaws of said surviving corporation and will continue in full fame and effect until changed, altered, or amended as therein provided and in the mariner presetibed by the provisions of the laws of the State of Colorado. 4. The _ directors and officers in office of the surviving corporation upon the effective date of the merger shall be the members of the fast Board of Directors and the first officers of the surviving corporation, all of whom stall hold their fps and offices until the election and qualification of their respective suxessots or until their tenure is otherwise teaatinated in accordance with the bylaws of the surviving won. 5. Each issued share of the terminating corporation shall, upon the effective date of the merger, be converted into five shares of the surviving corporation, and the issued shares of the terminating corporation shall be canceled. The issued shares of the surviving corporation shall not be converted in any manner. Riverview Resource Amendment to Permit M1999098 112c Page N9 of N31 • 6. The Plan of Merger herein mane and approved shall be submitted to the sole shareholder of.the terminating corporation for its approval or rejection in the manner prescribed by the provisions of the Indiana Busing Corporation Law and to the sole sha eholder of the surviving corporation for its approval or rejection in the minter pnssetlbed by the laws of the State of Colorado. 7. If the Plan of Merger shall have been approved by the sole she eholder of the terminating corporation in the manner prescribed by the provisions of the Indiana Business Corporation Law and by the sole shareholder of the surviving corporation in compliance with the laws of the State of Colorado, the terminating corporation and the surviving corporation hereby stipulate that they will cause to be executed and filed and/or recorded any document or dommients prescribed by the laws of the State of Indiana and by the State of Colorado, and that they will cause to be performed all necessary acts therein and elsewhere to effectuate the merger. 8. The Board of Directors and the proper officers of the termiiaating corporation and of the surviving corporation, respectively, are hereby authorized, empowered; and directed to do any and all acts and things, and to make, execute, deliver, file, and/or record any and all ice, papers, and documents which shall be or become necessary, proper, or convenient to carry out or put into effect any of the provisions of this Plan of Mercer or of the merger herein provided for. 9. The effective time and date, of the merger herein provided for in the State of Indiana shall be 11:59 p.m. M.S.T. on December 31, 2000. [SIGNATURE PAGE FOLLOWS] 2 Riverview Resource Amendment to Permit M1999098 112c Page N10 of N31 • • • EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement Agreement") is entered into this 10th day of May, 2000, by and between Ed Orr ("Grantor") and CAMAS Colorado, Inc., an Indiana corporation d/b/a Aggregate Industries - West Central Region ("Grantee"). WITNESSETH WHEREAS, Grantor owns certain real property more fully described on Exhibit A hereto (the "Grantor's Property"); and WHEREAS, Grantee owns certain real property more fully described on Exhibit B. hereto (the "Grantee's Property"); and WHEREAS, Grantor desires to grant to Grantee an access easement pursuant to the terms and conditions described herein for access to Grantee's Property; and WHEREAS, Grantor also desires to grant to Grantee an easement across Grantor's Property for the construction, use, operation, connection, installation, repair, maintenance and replacement of a conveyor system for the purpose of transporting aggregate materials to Grantee's Property pursuant to the terms and conditions described herein. NOW, THEREFORE, in consideration of the foregoing premises, the terms and provisions herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, Grantor and Grantee hereby state, declare and agree as follows: Riverview Resource Amendment to Permit M1999098 112c Page N11 of N31 • • • • • 1. Grantor hereby grants, sells, transfers and conveys to Grantee, its employees, agents, licensees, contractors, invitees, successors and assigns, a temporary non-exclusive easement on, over and across that portion of Grantor's Property as more particularly described in the description attached hereto and incorporated herein as Exhibit C (the "Access Easement") for construction, use, repair, maintenance and replacement of a road twenty feet wide for the purpose of vehicular and pedestrian access, ingress and egress to Grantee's Property. Grantee shall bear sole responsibility for maintenance of the Access Easement which is located on Grantor's Property. 2. Grantee shall have no right whatsoever to construct or place any structure, fence, building or other improvements on Grantor's Property or otherwise to interfere with the use and operation thereof by Grantor, its agents, guests and invitees, except to the extent reasonably necessary to maintain the Access Easement, as provided in paragraph 1 above. 3. Grantor hereby grants, sells, transfers and conveys to Grantee, its employees, agents, licensees, contractors, invitees, successors and assigns, a temporary non-exclusive easement on, over and across that portion of Grantor's Property as more particularly described in the description attached hereto and incorporated herein as Exhibit D (the "Conveyor System Easement"), thirty feet wide, for the construction, use, operation, connection, installation, repair, maintenance and replacement of a conveyor system for the purpose of transporting aggregate materials to Grantee's Property. Maintenance, repair and reconstruction of the conveyor system will be the responsibility of Grantee at its sole cost and expense. 2 Riverview Resource Amendment to Permit M1999098 1,12c Page N12 of N31 • 4. In the event the parties determine, prior to the construction of the conveyor system, that it is in the best interest of both parties to relocate the conveyor system to a more desirable location, and upon the request by either party, the other party shall not be unreasonable in its consent of such relocation. Upon the request of Grantor, prior to the construction of the conveyor system, Grantee shall provide for crossing of the conveyor system to provide for pedestrian and equestrian access across the Conveyor System Easement. 5. Notwithstanding the foregoing provisions, in the event that any fencing is necessary, as determined by Grantee, in its reasonable discretion, Grantor shall install, at its sole cost and expense, within 30 days of notice from Grantee, a six foot high chain link security fence parallel to the Conveyor System Easement. 6. The term of the temporary Easement shall commence on the date hereof and shall continue until the date upon which Grantee has completed its mining activities on that part of the Grantee's Property, known as Lob B of Recorded Exception #0805- 32-7-RE1539, as determined in Grantee's sole discretion. Following the termination of the Easement, Grantee shall, upon the request of Grantor, execute and deliver to Grantor a document confirming the termination of this Easement, which may be filed of record in the County and State in which the Property is located. Grantee shall, within ninety days of such request, remove the conveyor system and reclaim the easement to its present condition. 7. Grantor retains the right to the undisturbed use and occupancy of Grantor's Property insofar as such use and occupancy is consistent with and does not impair any rights granted in this Easement Agreement. 3 Riverview Resource Amendment to Permit M1999098 k12c Page N13 of N31 • • • 8. Grantor hereby represents that he has the full right and lawful authority to grant and convey the rights as described in this Easement Agreement. 9. The obligations contained herein shall be covenants running with the land. IN WITNESS WHEREOF, the undersigned have executed this Easement Agreement as of the date written above. G Ed Orr GRANTEE: CAMAS COLORADO, INC., an Indiana corporation d/b/ Aggregate ii stries - West Central Region By: Its: V mac. P 06 r-'7 Name: 'M C . f2Gr=rsiz-- 4 Riverview Resource Amendment to Permit M1999098 112c Page N14 of N31 • • STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to before me this /Q day of _Th, 2000, by Ed Orr. Witness my hand and official seal. My commission expires: /2 -a2 -a3 Notary Public STATE OF COLORADO COUNTY OF The foregoing instrument was subscribed and sworn to before me this /0/-i1 day of , 2000, by N1/CL C , 1EFEas V(CE SIDE('I 1 of CAMAS Colorado, Inc., an Indiana corporation d/b/a Aggregate Industries - West Central Region. Witness my hand and official seal. My commission expires: it Ccarriisbn bibs MUM Notary Public 5 Riverview Resource Amendment to Permit M1999095 112c Page N15 of N31 • • • .FROM . ORR LAND FAX NC. : 9783517851 EXHIBIT A GRANTOR'S PROPERTY 0 may. e8 2000 03:29PM P2 Lot B of amended Recorded Exemption No. 0805-33.3-RE1079 according to the plat recorded December 8, 1993 in Book 1415 as Reception No. 2363081, being all that part of the 91/25W1/4 of Section 33 lying Worth and West of the t! the County County oad Road; that part of the NW1/4SW1/4 of Section 33 lying North of the South and West of the Cache La Poudre River; and all that part SW1/4NW1/4 of Section 33 lying South and West of the Cache La Poudre River; and the NE1/48E1/4 of Section 32 and all that part of the SE1/4N81/4 of Section 32 lying South of the Cache La Poudre River, all in Township 6 North, Range 66 West of the 6th P.M., Weld County, Coloao, excepting Ningmtherefrom9the following parcels conveyed to Weld County by orrecorded 9 in Book 1249 as Reception No. 21.98099 described as follows: A tract or parcel of land no. 2 of Weld County, Project No. 299/62BNcrthaining nge 0.6670 aat cres, tmomore or less, in the W 1/2 of Section 33, particularly the 6th P.M., Weld County, Colorado, said tract or parcel being more described as follows: Beginning at a point on the West right-of-way line of the county road (1989) from which the NW corner of Section 33, Township 6 North, Range 66 West of the 6th P.M. bearS N. 19058'48" W. a distance of 3,696.96 feet; 1. Thence 5. 89°01'37." E. a distance of 25.00 feet to the center of the county road (1989); 2. Thence N. 00058'29" S. a distance of 574.00 feet along the center of the county road (1989) to the center of the Cache La Poudre River; 3, Thence N. 49°07'31" W. a distance of 65.18 feet along the center of the Cache La Poudre River; 4. Thence S. 00°58'29" W. a distance of 572.51 feet; S. Thence S. 29°01'31" E. a distance of 50.00 feet, more or less, to the point of beginning; also excepting therefrom a parcel conveyed to the city of Greeley by Deed recorded January 11, 1994 in Book 1421 as Reception No. 2368636 described as follows: A parcel of land located in the Northwest ribed aQ frterwsrter NW1/44) ofcihe at the Southwest Quarter (SW1/4) of Section 33, 6 North, Range 66 West of the 6th the Southwest Corner of section 33, Township the th line of principal Meridian, Weld County, Colorado, and considering the Southwest Quarter (SW1/4) of said Section 33 to bear South 89 34'52" East, with all bearings contained herein relative thereto; thenc e North 38°22'13" East a distance of 1662.15 feet to the Northwest Corner of Lot "R" of Recorded Exemption No. 0805-33-3-RE88, Book 703, Reception No. 1624506, elan being a point on the centerline of 71st Avenue; thence along said centerline North 79O51'12• East, 312.09 feet; thence leaving said centerline North 10008'49" West, a distance of 20.00 feet to the T 79 e of1tha lift staiionnec site mad the TRUE POINT OF BRGINNI21U hence South of 81.53 feet; Thence North 00 59'17" East, a distance of ce South . 1S0O°feet; T ➢nCea South 75059'48" Past, a distance of 82.11 feet; Then distance of 75.52 feet to the True Point of Beginning. Also excepting those portions platted as Poudre River Ranch First Piling, and P Poudre River Ranch ?irst Filing, Replat of PhD ID, according to the plat 8; and udre er recorded March 26, 1999 platPzecvrdedvJul��1999 First Filing, a Replat Reception No. 2704945. Riverview Resource Amendment to Permit M1999098 112c Page N16 of N31 FROM : ORR LAND • FAX NO. : 97035I7851 flay. 08 2000 03:29PM P3 s EXHIBIT B GRANTEE'S PROPERTY PARCEL 1: Being a portion of the E1/2 of the NE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., lying North of the centerline of the Cache La Poudre River and also that portion of the SW1/4 of the NW1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., lying North of the Cache La Poudre River, County of Weld, State of Colorado, also known as Lot B of Recorded Exemption No. 0805 -32 -1 -RE 1539, recorded October 28, 1993 in Book 1408 as Reception No. 2357087. • Riverview Resource Amendment to Permit M1999098 112c Page N17 of N31 r RLu I . LAMA Lr9YY • NIF mill rrvu. . rtL nta9. kJ i Gl'JKna 1d.S:.Snt ri P4 • • P-99-4197 May 05, 2000 EXHIBIT C DEPICTION OF ACCESS EASEMENT See attached survey on Exhibit E attached hereto. 20 FOOT WIDE ACCESS EASEMENT DESCRIPTION: That parcel of land situate in the West Half of the West Half of Section 33 and the East Half of the East Hoff of Section 32, both in Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows: Considering the South Line of the Southwest Quarter of the Northwest Quarter of Section 33, Township 6 North, Range 66 West of the 6th P.M. as bearing North 89'52'39' West and with all bearings contained herein relative thereto: Beginning at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of said Section 33; thence along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 33 North 8552'39" West 32.23 feet, more or less, to a point on the West line of that certain parcel of land as described In Book 1246 at Reception No. 2194429, records of said County; thence deporting said South rine and along said West line South 00'58'55' West 185.58 feet, more or less, to the Northwest corner of that certain parcel of land as described in Book 1249 at Reception No. 2198099, records of said County, said point also being the approximate centerline of the Cache La Poudre River; thence along the West of said parcel of land described in Book 1249 at Reception No. 2198099, South 00'58'29' West 564.18 feet; thence departing said West line North 5553'11' West 12.49 feet to TRUE POINT OF BEGINNING of the centerline of a twenty foot (20.00') wide Access Easement, said Easement being ten feet (10.00') either side of, measured at right angles, and parallel with the following described centerline; thence along said centerline the following seven (7) courses and distances North 01'10'48' West 350.02 feet; North 3T00'18" West 250.04 feet; North 51'45'10" West 325.71 feet; North 54'39'18' West 263.42 feet; North 64'53'48' West 745.90 feet: North 72'25'16" West 570.43 feet; North 53'14'33' West 418.00 feet to a point on the Conveyor System Easement and the TERMINUS of said centerline of said Access Easement. The sidelines of said Access Easement to be lengthened or shortened, as needed, so as not to create any gaps or overlaps. Said Access Easement is subject to all existing easements and/or rights of way of record. Riverview Resource Amendment to Permit M1999098 112C Page N18 of N31 r r ..n I• I_„ct[ • f ?1.A IYU. . 7 fYJJJ1 f0.71 • I'Idil. 100 Gtl1010 • • • P-99-4197 May 05, 2000 EX$IJ3IT D DEPICTION OF CONVEYOR SYSTEM See attached survey on Exhibit E attached hereto. 30 FOOT WIDE CONVEYOR SYSTEM EASEMENT DESCRIPTION: That parcel of land situate Weld,the Stat�e of Half Cdorado besngHalf moref particularlydescribedTownship as follows Range 66 West of the 6th P.M., County Considering the South Line of the Southwest Quarter of the Northwest Quarter of Section 33, Township 6 North, Range 66 West of the 6th P.M. as bearing North 89'52'39' West and with all bearings contained herein relative thereto: Beginning at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of said Section 33; thence along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 33 North 89'52'39" West 32.23 feet, more or less, to a point on the West line of that certain parcel of land as described in Rook 1246 of reception No. 2194429, records of said County; thence departing said South line and along said West line South 00'44'55" West 185.68 feet, more or less, to the Northwest corner of that certain parcel of land as described in Book 1249 at Reception No. 2198099, records of ;aid County, said point also being the approximate centerline of the Cache La Poudre River, thence along the West One of said parcel of land described in Book 1249 at Reception No. 2198099, South 00'58'29' West 564.18 feet; thence departing said West line North 5553'11' West 984.90 feet; thence North 77'0026' West 1501.82 feet; thence North 89'13'23" West 333.20 feet to a point on the West line of the Southeast Quarter of the Northeast Quarter of said Section 32; thence alone sold West line North 00'42'51" East 448.01 feet to the TRUE POINT OF BEGINNING of the Convenor System Easement, , thence departing said West line and along said Conveyor System Easement, North 53'23'36' Last 614.93 feet, more or less, to a paint on the oaaroximate centerline of the Cache La Poudre River and the TERMINUS of said Conveyor System Easement. Said Conveyor System Easement is subject to all existing easements and/or rights of way of record. Riverview Resource Amendment to Permit M1999098 112c Page N19 of N31 FROM : ORR LAND • rFX NU. : 7 AISJ1tUS1 *nay. IOU 419010 L i:J1PM PS W • m K Ili • a.I 4co W I-' z W 4 W h ;V lid I n 0 0 Riverview Resource Page N20 of N31 •i; till, n. h !i fire;to Ai k bile {SI0: a ! !''fit „s fr lb ' t. ih etih is a4 I IM n + 'p N at 2I II Zi S 12c MEMORANDUM OF AGREEMENT This Memorandum of Agreement is made and entered into this'd day of February. 2008, by and between David L. Bagley and Michaeleen M. Bagley, owners of the following described real property, hereinafter called "Bagleys", and Ed Orr, hereinafter called "Orr", to memorialize a Real Estate Contract dated the 11th day of January, 2008 between Bagleys and Orr for the following described real property: Lot A of Recorded Exemption No. 0805-32-1-RE1539, according to the map recorded October 28. 1993 in Book 1408 at Reception No. 2357087, being a part of the following described parcel: All that part of the Easy/ of the Northeast' of Section 32, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado, lying East of the following described line and North of the center line of the Cache La Poudre River: Commencing at the Northeast corner of said Section 32 considering the North line of said Section 32 to bear North 90 degrees 00 minutes West and with all other bearings described herein being relative thereto; thence North 90 Degrees 00 Minutes West along the North line of said Section 32, a distance 985.50 feet to the true point of beginning; thence south 00 degrees 07 minutes 40 seconds West 463.40 feet; thence south 00 degrees 04 minutes 20 seconds West, 1,162.00 feet to the existing center of the Cache La Poudre River and the terminus of the line. The parties agree as follows: Orr hereby accepts the physical condition of the property as contained in paragraph 25-3. Bagleys hereby agree that Orr may incorporate the above -described real property in any governmental applications necessary to Orr's intended use of the property subject to closing of said Real Estate Contract. David L. Bagley (1 Orr Ed Orr Michaeleen M. Bagley - Riverview Resource Amendment to Permit M1999098 112c Page N21 of N31 SOURCE OF LEGAL RIGHT TO ENTER • • • In accordance with the terms of a Real Estate Contract for the following described property, dated August 1, 2007, between the undersigned, as owners of said property, and Aggregate Industries- WCR, Inc., the undersigned owners hereby agree to the inclusion of said property by Aggregate Industries-WCR, Inc. in all necessary federal, state and local permit applications required to conduct a sand and gravel mining operation on the property. LOT A OF RECORDED EXEMPTION NO. 0805 -29 -3 -RE -247, RECORDED MARCH 3, 1977 IN BOOK 791 UNDER RECEPTION NO. 1712693, BEING A PART OF THE E1/2SW 1/4 SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THAT PARCEL DEEDED TO THE GREELEY SALT LAKE AND PACIFIC RAIL ROAD COMPANY BY DEED RECORDED AUGUST I, 1881 IN BOOK 31 AT PAGE 289. RA -44/1L 44/ Date: 2 - O Richard W. Goebel Date: X -e' , J; O State of Colorado ) )ss. County of Weld ) The foregoing instnuncnt was acknowledged before me this a`S day of , 200e, by Richard W. Gioetzel. Witness my hand and official seal. (SE AL) �O �/ fir. a , My Commission expires: !6 �� Notary Public State of Colorado ) 55 - County of Weld ) The foregoing instrument was acknowledged before me this day of '746' • , 20(e by Mary Ann Goetzel. Witness my hand and official scat (SEAL) // g My Commission expires: L!4 `Q / 442,,, 27 L,p ' Notary Public Riverview Resource Amendment to Permit M1999098 112c Page N22 of N31 • • • • WARRANTY DEED THIS DEED, Made this 10th day of May, 2000 between Starker Services of Colorado as Qualified Intermediary for Ed Orr • copy of the County of Weld and State of Colorado, grantor, and CAMAS Colorado, Inc., an Indiana Corporation, d/b/a Aggregate Industries- West Central Region a corporation organized and existing under and by virtue of the laws of the State of INDIANA, grantee: whose legal address is 3605 South Teller Street, Lakewood, CO 00235 WITNESSETH: That the grantor, for and in consideration of the sum of SIX HUNDRED FIFTY THOUSAND AND 00/100, ($650,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey end confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Vacant land, Weld County, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2000 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed the heed ptr-tea date set forth above. STATE OF COLORADO County of Weld Ed Orr } as. The foregoing instrument was acknowledged before } me this 10th day of May, 2000, by Starker Services of Colorado as Qualified Intermediary for Ed Orr My commission expires December 22, 2003 Witness my hand and official seal. No. 952. Rev. 3-85 ) • : ral NOTARY PUB IC PUB IC 1295 Main St. Windsor, COLORADO 80550 Riverview Resource Amendment to Permit Ml 999098 112c Page N24 of N31 • • • "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: Being a portion of the E1/2 of the NE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., lying North of the centerline of the Cache La Poudre River and also that portion of the SW1/4 of the NW1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., lying North of the Cache La Poudre River, County of Weld, State of Colorado, also known as Lot B of Recorded Exemption No. 0805 -32 -1 -RE 1539, recorded October 28, 1993 in Book 1408 as Reception No. 2357087. TOGETHER WITH a parcel of land situate in the NW1/4 of the SW1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows: Considering the South line of the SW1/4 of the NW1/4 of Section 33 as bearing North 89 degrees 52 minutes 39 seconds West and with all bearings contained herein relative thereto; Beginning at the Southeast corner of the SWI/4 of the NW1/4 of said Section 33; thence along the South line of said SW1/4 North 89 degrees 52 minutes 39 seconds West 32.23 feet to a point on the Westerly boundary line of that certain parcel of land as described in Book 1246 as Reception No. 2194429, said point being the True Point of Beginning; thence continuing along said South line North 89 degrees 52 minutes 39 seconds West 162.19 feet, more or less, to a point on the approximate centerline of the Cache La Poudre River; thence along said centerline of the Cache La Poudre River South 40 degrees 31 minutes 38 seconds East 244.70 feet to the Southwest corner of that certain parcel of land as described in Book 1246 as Reception No. 2194429; thence along the Westerly boundary of said Book 1246 as Reception No. 2194429 North 00 degrees 58 minutes 55 seconds East 185.68 feet to a point on the South line of the SW1/4 of the NW1/4 of Section 33 and the True Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by deed recorded October 12, 1989 in Book 1246 as Reception No. 2194429. Riverview Resource Amendment to Permit M1999098 112c Page N25 of N31 • • SOURCE OF LEGAL RIGHT TO ENTER • • • In accordance with the terms of a Real Estate Contract for the following described properly, dated August 1, 2007, between the undersigned, as owner of said property, and Aggregate Industries- WCR, Inc., the undersigned owner hereby agrees to the inclusion of said property by Aggregate Industries-WCR, Inc. in all necessary federal, state and local permit applications required to conduct a sand and gravel mining operation on the property. THAT PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THAT STRIP OF LAND CONVEYED IN DEED RECORDED SEPTEMBER 5, 1881 IN BOOK 31 AT PAGE 324, AND EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED IN DEED RECORDED AUGUST 2, 1972 AT RECEPTION NO. 1594788. FA Orr State of Colorado ) )ss. County of Weld ) Date: (fr''3-06-k og The foregoing instrument was acknowledged before me this day of by Ed Orr. Witness my hand and official seal. (SEAL) My Commission expires: s37 — 14.E Riverview Resource Amendment to Permit M1999098 112c Page N26 of N31 • • SOURCE OF LEGAL RIGHT TO ENTER • • • The undersigned owner of the property described below hereby agrees to the inclusion of said property by Aggregate Industries-WCR, Inc. in all necessary federal, state and local permit applications required to conduct a sand and gravel mining operation on the property. Lot A of Recorded Exemption No. 0805-32-1-RE1539, according to the map recorded October 28, 1993 in Book 1408 at Reception No. 2357087, being a part of the following described parcel: All that part of the East '/2 of the Northeast '/4 of Section 32, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado, lying East of the following described line and North of the center line of the Cache La Poudre River: Commencing at the Northeast corner of said Section 32 considering the North line of said Section 32 to bear North 90 degrees 00 minutes West and with all other bearings described herein being relative thereto; thence North 90 Degrees 00 Minutes West along the North line of said Section 32, a distance 985.50 feet to the true point of beginning; thence south 00 degrees 07 minutes 40 seconds West 463.40 feet; thence south 00 degrees 04 minutes 20 seconds West, 1,162.00 feet to the existius.center of the Cache La Poudre River and the terminus of the line. Date: IS ��(1 State of Colorado ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this i 5 day of ,A1Ayu c+ , 2008, by Ed Orr. Witness my hand and official seal. (SEAL) My Commission expires: -30-t� Notary Public 00:1Jo�?''''# arid 'sue �, iiver‘ 404. Riverview Resource Amendment to Permit M1999098 112c Page N29 of N31 3542173111111111111111103/181200• 9:39VIII 11111111Weld C11 IIIty(IIII 1111 IIII A oun, CO 1 of 2 R 11.00 0 23.50 Steve Moreno Clerk & Recorder !I) 11111111111111111111111 I1111III WARRANTY DEED THIS DEED, made on this day of March 17, 2008 , between DAVID L. BAGLEY AND MICHAELEEN M. BAGLEY of the ED ORR County of WELD and State of Colorado whose legal address is 826 9TH STREET 11200 GREELEY, CO 80631 of the Co..nty of WELD and State of COLORADO • l," STATE DOCUMENTARY FEE Date: March 17, 2008 S 23.50 , of the Grantor(s), end , of the Grantee(s): WITNESS, That the Granto^(s), for and in consideration of the sum of ($235, 000. DO "'Two Hundred Thirty Fivc Thousand and 00/10C e" the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and ass real property, together with improvements, if any, situate, lying and being in the WELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF DOLLARS conveyed, and by these igns forever, all the County of also known as street number 13984 COUNTY ROAD 64 GREELEY CO 80631 • TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and persona( representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey toe same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO GENERAL TAXES ASSESSMENTS POR 2000 PAYABLE IN 2009; BASEMENTS, RESERVATIONS; CO:E ITIONS; AGAEABNTS, LINZTATIONS; EXCEPTIONS; OAS LINES/ RESTRICTIONS: COVENANTS AND RIGHTS -OF -MAY, ALL OF RECORD 0R AS WAY ADMIT BY USE ON TIE PREMISES; AND SEORTAGE IN AREA. CONFLICTS OF ➢OONDARY LINES, ANDIRD PARTIES NOT SHORN ALL OVUM NATTERS TEAT MOULD BE DISCLOSED EY AN ACCURATE SURVEY, INCLUDING, BUT NOT LIMITED 70, ENC.ROACEIRENTS AND BOUNDARY DISCREPANCIES, SUBJECT TO ALL OOV➢RNMENTAL LAMS, RULES, Alm RE00LATIONE, AND SUBJECT TO INCLUSION WITHIN ANY SPECIAL OR GENERAL DISTRICTS; AND TEE BENS/ITS, LIENS AND BURDENS ARISING THESE FROM; AND SUBJECT TO ?NOSE NATTEES LISTED AE EXCEPTIONS IN TOE TITLE IMEGRAMC➢ coarrmtv'. soot EEC➢PTIONE SHALL ALSO SECLUDE ALL EXCEPTIONS SAT PORTS IN sCZEDULE E, SECTION 2 OF A STANDARD COMMITMENT POR TITLE INSURANCES The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against al; and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF COLORADO County of WELD (ss. ) 8Y:t7r2 MICHAELEEN M. BAGLEY The foregoing instrument was acknowledged before me on this day of March 17, 2008 by DAVID L. BAGLEY AND MICHAELEEN M. BAGLEY p8Y P My commission expires lc) �t' 1.ib Witness my hand and official seal. Notary Public F CO Name and Address of Person Creating Newly Created Legal Description ( 38.35-106.5, C.R.S.) Estrowe GR25079712 When Recorded Return to: ED ORR Title# FC25079712 Form 82 08/29/04 LID.OPEN WARRANTY DEED (Photographic) My camaeoer, Fuser 826 9Th STREET 5200, GREELEY CO 80631 (6085470) Riverview Resource Amendment to Permit M1999098 112c Page N30 of N31 iIolauiuiumiiniuuii iiiuiiumiliiiiini 3542173 03/18/2008 09:39A Weld County, CO 2 of 2 R 11.00 0 23.50 Sieve Moreno Clerk & Recorder EXHIBIT A LOT A OF RECORDED EXEMPTION NO. 0805-32-1-RE1539, ACCORDING TO THE MAP RECORDED OCTOBER 28, 1993 IN BOOR 1408 AT RECEPTION NO. 2357087, BEING A PART OF THE FOLLOWING DESCRIBED PARCEL: ALL THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. LYING EAST OF THE FOLLOWING DESCRIBED LINE AND NORTH OF THE CENTER LINE OF THE CACHE LA POUDRE RIVER: COMMENCING AT THE NORTHEAST CORNER SAID SECTION 32 CONSIDERING THE NORTH LINE OF SAID SECTION 32 TO BEAR NORTH 90 DEGREES 00 MINUTES WEST AND WITH ALL OTHER BEARINGS DESCRIBED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90 DEGREES 00 MINUTES WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 985.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 40 SECONDS WEST 463.40 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 20 SECONDS WEST, 1,162.00 FEET TO THE EXISTING CENTER OF THE CACHE LA POUDRE RIVER AND TEE TERMINUS OF THE LINE. Form EXHI6ITA 01/17/03 F025 079712 Riverview Resource Amendment to Permit M1993098 112c Page N31 of N31 Hello