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Home My WebLink About20082285.tiff 1111111 11111 111111 *1 /III 1111111111 1111111111111 • 3528203 01/10/2008 10:10A Weld County, CO 1 of 1 R 6.00 D 7,00 Steve Moreno Clerk & Recorder �p3 WARRANTY DEED THIS DEED. made this JANUARY S. 2008, between Michael R. Cohrs of the County or Weld acid Slntc of Colorado, grunor(s), and Cary I. Mackey and Vicky S. Mackey, Bryon Mackey and Jamie Mackey whose legal address is Vacant Land, Ft Collins, CO 80524 of the County of Weld and State or Colorado, grantees: WITNESS. that the grantor(s). Mr and in consideration of the sum of SEVENTY THOUSAND AND NO /100 DOLLARS (570,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees. their heirs and assigns forever, JOIN'/' TENANTS, all the real property, together with improvements, if any, situate. Iyine and being in the County of Weld and State of Colorado, described as Ibllows: LOT A. OF RECORDED EXEMPTION NO. 0709-06-2-RF-2792, RECORDED FEBRUARY 8, 2001 AS RECEPTION NO. 282468L BEING A PART OF THE NWI/4 OF SECTION 6,TOWNSHII' 7 NOR'T'H. RANGE 65 WEST OF THE Nall I'.M., COUNTY OF WELD,STATE OF CC)I.ORADI, also known by street and number as . Fort Collins, CO 80524 TOGETHER fHER with all and singular the hereditantenls and appurtenances thereunto belonging. or in anywise appeal tamin g. and the rererston and retetsrons, remainder and remainders rents, issues and plot Its thereof. and all the estate, right. title. interest, claim and demand whatsoever of the grantnr(s), either in law or equity, of, in and to the above bargained premises, with the hereditamculs and appurtenances: TO HAVE AND TO HOLD the said premises above hargained and described, with the appurtenances. unto the _ ano r's, their hells and assigns Incever. T'lie grantor(S), fur himself, his heirs, and personal representatic es, does cm enianl giant. bargain and agreC In and with the gr tutees, their heirs and assigns, iliac at the time oldie ensealing • and delivery of these presents he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indeleasible estate of inhu itance. in law, to tee simple, and has good right. full power and lawful authority to gram, bargain. sell and convey the same in mannerand form as aforesaid, and that the same are lice and clear from all Cornier and other grants, hargains, sales, liens, taxes, assessments. encumbrances and restrictions of whaling/I kind or naune sower, except general taxes for the current year and subsequent years, and except easements. en,enants, conditions, restrictions, reservations, and rights of way of record, if any. Thegrantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees. their 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 orally gender shall be applicable to all genders. IN W " , ESS WI 2EO dt fir; r u • sec ed his .cd on the elate set forth above. MICHAEL R. COD' s Slane of Colorado ss. County Of LAl2IrMER The foregoing instrument was acknowledged before me this JANUARY 8, 2008, by MICI-/AEI, R. ('Dl IRS My Commission expires:3/3/2010 Witness m and and official seal. .O111111$$$$ Ie ��/� ,'1O7O �i� --1� �,�a .6J-• ,-, Notary Public va cc ro. *% • 4014 2008-2285 11111111111111E 1111111111111111!IIIII Ii!11111(III lit 1 el 3 P 16.00 0 0.00 Blew Moreno Mork✓!Recorder WHEN RECORDED RETURN TO: Name: Bryon D. Mackey Address: 18508 County Road 86E /a , r- , CO OLQAO QUIT CLAIM DEED � ( THIS DEED,Made this 29th day of April,2004,between Gary L. Mackey and Vice Mackey and Bryon D. Mackey and Jam le D.Mackey of the said County of Larimer and State blf Colorado,grantor,and Bryon D.Mackey and Jamie A Mackey,as Joint Tenants,whose legal address is 18508 County Road 86E,Ault,Colorado 80610 of the said County of Latimer and State of Colorado, grantee: WITNESS,that the grantor, for and in consideration of the sum of Ten dollars and Zero cents, • the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED,and by those presents,do remise,release, sell,convey and Quit Claim unto the grantee, his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property,together with improvements, if any,situate, lying and being in the said County of Lorimer and State of st described as tbilows: See"Exhibit A"attached hereto u1- also known by street and number as: 18508 County Road 86E,1 CO talc to TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoove of the grantee, his heirs and assigns forever. The singular number shall include the plural,the plural and the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.4citi L.dot Vicki S. Mackey Flit Number, 200]3361•.C4-AMBNna©-To CoaafCr VNATEO sitwan Tilt ofLmimer County,Inc. STEWART TITLE • Quit 1 0hn Clod (individual) psgo eQJ i t Pogo]of J 12-19-2006 13:23 NEBRRRDD CONSTRUCTION 970 482 6317 PRGE28 i.• iii.:• M1.• t..•.it^ � 11 11 I.. ii .iU • 1111111 Oh 1hi1I I111I 111111111111 0111111 Illi 1111 3170826 06/13/2004 10:86A Weld County,CO 2 of 3 R 16,00 0 0.00 Steve Morena Clerk&Recorder 17,71; Bryon ackey Jami D, Mackey G� STATE OF Colorado COUNTY OF Larirner The foregoing in ent was acknowledged before me this 29th day of April,2004,by Gary L. Mackey and Vic i Mackay and Bryon D. Mackey and Jamie D. Mackey My commission expires November 16, 2007. Witness my hand and official seal. Notary Public: Julie A. ale VV / 1� NOTARY PUBLIC 1111tp • Lilo Numbcrt 200325A I—C4—AML'NDRD-To coaaeL i V[NM) Stawvart Tillo or Lluimer County,inc. Qull Claim Dcod (Individual) • Pap 203 al'9 12-19-2006 13:23 NEBARADO CONSTRICTION 970 482 6317 PRGE29 • • EICIIIBIT"A" • SUBDIVISION EXEMPTION NO. 1013, recorded March 10, 2004 at Reception No. 3160822 being a part of Lot B of Corrected Amended Recorded Exemption No, 0709-6-2-AMRE 2793, recorded August 7,2003 as Reception No. 3092712, being a part of the NW'/4 of Section 6,Township 7 North, Range 65 West of the 6 P.M., County of Weld, State of Colorado. IIIIIIIIIIIIIIIIIIII1111111111111111111 III 11111 MI 101 9173620 OW13/2004 10.8911 Wild county, CO 3 a1 3 !1 16.00 D 040 Stew Moreno Clerk&Recorder • • SuwoutTitle Ouni*y Comm Commihmnt-Modulo Pip 2oil 12-19-2006 13:23 NEBARADO CONSTRUCTION 970 482 6317 PAGE30 JUN-U3-2UUd lUb U41bb FM LINII IEU TII'LF UUf1FANY NU 1RX NU, y/U4I..bb((1 F, U2 • • File No: 822UTNC Version No: 2 • Unified Title Company of Northern Colorado, LLC As agent for Westcor Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 19,2008 at 08:00 am 2. Policy or Policies to be issued: A. ALTA OWNER'S POLICY $ Proposed Insured: B. ALTA LOAN POLICY $ Proposed Insured: To Se Determined Search Fee $ 150.00 • Total.: $ 150.00 3. The estate or interest in the land described in this Commitment and covered herein is Fee Simple and title thereto is at the effective date hereof vested in: Gary Mackey and Vicky Mackey and Bryon Mackey and Jamie Mackey 4. The land referred to in the Commitment is situate in the county of Weld, State of Unknown and is described as follows: Lot C, of the Recorded Exemption No.0709-6-2 RE-4589,of Lot B of the Corrected Amended Recorded Exemption No.0709-6-2AMRE-2793,situate in the Northwest 1/4 of Section 6,Township 7 North, Range 65 West of the Sixth P.M.,County of Weld,State of Colorado. For Informational Purposes Only: ,, Countersi,red Unified Title Company of Northern Colorado,LLC By: Robin Nash • ALTA Commitment-Schedule A Pagel 06-03-2008 17:27 NEBARADO CONST INC 9704826317 PAGE2 JUN-03-2008 TUE U4:bb PM UNIFIED TITLE COMPANY NC FAR NO. U(04idbJ11 P. U3 • • File No: 822UTNC Version No: 2 • Westcor Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B-SECTION I REQUIREMENTS Effective Date: May 19,2008 at 08:00am The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premium,fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (d) You must tell us in writing the name of anyone not referred to in this document who will get an interest in the land or who will make a loan on the land.We may then make additional requirements or exceptions relating to the interest or the loan. .Information Only" • ALT.f Commitment-Schedule B•Section! NOTE:Thin commitment consists of insert pages labeled in Schedule A.Schedule 6- Section 1,and Schedule 8-Section 2.This commitment is of no force and effect unless page all schedules arc included,along with any Rider pages incorporated by reference in the inset pages 06-03-2008 17:28 NEBRRRDO CONST INC 9704826317 PRGE3 JUN-U3-2UU8 lUk U4:bb P11 LINIVIbI 1'1'1Lb UUI1PANY NU I.AX NU, U(U4ltibll1 P. U4 • • File No: 822U'TNC Version No: 2 • Westcor Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B-SECTION II EXCEPTIONS Effective Date: May 19,2008 at 08:00am The Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements or claims of easements not shown in the Public Records. 3. 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 record. 4. 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. 5. Defects,liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this • Commitment. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Any water rights or claims or title to water, in or under the land,whether or not shown by the public records. 8. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service,or for any other special taxing district. Note: Upon verification of payment of all taxes the above exception will be amended to read, "Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable." 9. RIGHTS OF WAY,WHETHER IN FEE OR EASEMENT ONLY,FOR COUNTY ROADS 30 FEET WIDE ON EACH SIDE OF SECTION AND TOWNSHIP LINES AS ESTABLISHED BY ORDER OF THE BOARD OF COUNTY CO11/MISSIONERS FOR WELD COUNTY,RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 10. RESERVATIONS OF(1)RIGHT OF PROPRIETOR OF ANY PENETRATING VEIN OR LODE TO EXTRACT HIS ORE; AND(2)RIGHT OF WAY FOR ANY DITCHES OR CANALS CONSTRUCTED BY AUTHORITY OF UNTIED STATES,IN U.S.PATENT RECORDED APRIL 9,1892 IN BOOK 57 AT PAGE 183 • ALTA Commltnvnt-Schedule B-Section II NOTE:This commitment consists of meat pages labeled in Schedule A.Schedule B- Section 1,and Schedule B-Section 2,This commitment is of no fame and effect unless Page 4 all sehedulea are included,along with any Rider pages ineonsorated by reference in the invert pages 86-03-2008 17:28 NEBRRRDD C0NST INC 9704826317 PRGE4 JUN-U3-alUd 1Uh U4:5tl rN UNIhIt.0 TiILh UUflrMNY Nt; r'fi?t NU. d(U41de111 r. un • • File No: 822UTNC Version No: 01. UNDIVIDED 1/2 OF ALL OIL,MINERAL AND PETROLEUM PRODUCTS WITHIN OR UNDERLYING SAID LANDS,TOGETHER WITH THE EXCLUSIVE RIGHT TO PROSPECT FOR AND REMOVE THE SAME,AND THE RIGHTS OF INGRESS,EGRESS AND REGRESS UPON AND USE OF SO MUCH OF SAID LAND AS MAY BE CONVENIENT OR NECESSARY FOR OPERATION OF SUCH PROSPECT PLACES,MINES,WELLS,PIPE LINES AND ROADS AS ARE PROPER FOR ENJOYMENT OF SAID RESERVATIONS AS RESERVED BY W.JAMES BROWN IN THE DEED RECORDED JUNE 1,1955 IN BOOK 1420 AT PAGE 509 AND ANY INTERESTS THEREIN OR RIGHTS THEREUNDER. 12. UNDIVIDED 3/4TH OF ALL OIL,MINERAL AND PETROLEUM PRODUCTS WITHIN OR UNDERLYING SAID LANDS TOGETHER WITH THE EXCLUSIVE RIGHT TO PROSPECT FOR AND REMOVE THE SAME AS RECORDED JANUARY 5, 1960 IN BOOK 1548 AT PAGE 100 AND ANY INTERESTS THEREIN OR RIGHTS THEREUNDER. 13. RIGHT OF WAY,WHETHER IN FEE OR EASEMENT ONLY A 30 FOOT WIDE EASEMENT FOR ACCESS,UTILITIES AND IRRIGATION EXISTING THE ENTIRE LENGTH OF THE SOUTHERNMOST BOUNDARY OF THE SERVIENT ESTATE,AS SHOWN ON INSTRUMENT RECORDED AUGUST 24,2001 AT RECEPTION NO.28777762 14. ALL OIL,GAS AND OTHER MINERALS PRESENTLY OWNED BY SAID GRANTOR AS RESERVED IN DEED RECORDED AUGUST 30,2002 AT RECEPTION NO.2983320 AND ANY INTERESTS OR RIGHTS THEREUNDER. 15. ALL NOTES,RESTRICTIONS AND EASEMENTS AS SET FORTH ON RECORDED EXEMPTION 411 PLAT NO.0709-06-2-RE 2792 RECORDED FEBRUARY 8,2001 AT RECEPTION NO.2824681 AND RECORDED EXEMPTION NO.0709-06-2-RE-2793 RECORDED FEBRUARY 15,2001 AT RECEPTION NO.2826061;AMENDED RECORDED EXEMPTION NO.0709-6.2-AMRE-2793 RECORDED AUGUST 22,2002 AT RECEPTION NO.2980742;AMENDED RECORDED EXEMPTION NO.0709-6-2-AMRE 2792 RECORDED AUGUST 22,2002 AT RECEPTION NO.2980743; SUBDIVISION EXEMPTION PLAT NO. 1013 RECORDED MARCH 10,2004 AT RECEPTION NO. 3160822; CORRECTED AMENDED RECORDED EXCEPTION NO.0709-6-W AMRE-2793 RECORDED AUGUST 7,2003 AT RECEPTION NO.3092712;RECORDED EXEMPTION NO.0709-6- 2-RE-.4589 RECORDED MARCH 15,2007 AT RECEPTION NO.3462190 16. DEED OF TRUST FROM GARY MACKEY AND VICKY MACKEY AND BRYON MACKEY AND JAMIE MACKEY,FOR THE USE OF FARMERS BANK,TO SECURE 5297,202.74 DATED SEPTEMBER 28,2007 AND RECORDED OCTOBER 1,2007 AT RECEPTION NO.3507912. 17. TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS AS SET FORTH IN RESTRICTIVE DRY-UP COVENANT RECORDED MARCH 21,2008 AT RECEPTION NO.3542976. 18. TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS AS SET FORTH IN ACCESS AGREEMENT RECORDED MARCH 21, 2008 AT RECEPTION NO.3542977 19. TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS AS SET FORTH IN COVENANTS, RESTRICTIONS AND EASEMENTS,RECORDED MARCH 21,2008 AT RECEPTION NO.3542978 a ALTA Commirment-Schedule B-Section ff NOTE This commitment consists of insert pages labeled in Schedule A,Schedule IS- Section 1,and Schedule B-Section 2.This commitment is of no face and effect=lea all schedules are included,along with any Rider pages incorporated by reference in the page 5 insert pages • Ide—U3—Ui717S j7: ã NEEHiHUU GUNS T INC 9fb4a2b.S1 f PAGES JUN_03-2008PUE U4:b6 PM UNIPIEU TITLE. CUMPANY NO PAX NU. 41bbf(i P. U6 1111111M IIII 1111 IIII 111111O01111II 1111111111111 3542976 03/21/2008 09:21A Weld County, CO Rai of 12 R 81.00 D 0.00 Move Moreno Clerk&Recorder • °° RESTRICTIVE DRY-UP COVENANT; GRANT OF EASEMENT; WARRANTY OF FIRST RIGHT TO DRY-UP CREDIT; AND AGREEMENT TO ASSIST THIS COVENANT,Agreement, Warranty and Easement are made and given the ego' day of "Ivy thi , 2001 by Gary Mackey, Stye acke Vick Jamie Z4 ckey (hereinafter"Owner"), and accepted by East Larimer County Water DiZrict, (hereinafter"District")on the /$ day of rn 6h ,200j,. Owner has entered into an agreement with the District dated?77 ArtA /a , 200 li whereby Owner has agreed to transfer,and District has agreed to accept At share(s)of the Capital Stock of the_,Waterer Surn71v and Storage Company represented by stock certificate number(s) 6,3ae (the "Water Rights"). The Owner acknowledges that the Water Rights are intended to be utilized by District for municipal water uses, and/or for augmentation or exchange purchases, and that in order to effect such uses,the Water Rights will need to be changed in an appropriate Water Court proceeding from irrigation to municipal, augmentation and/or exchange purposes. The Water Rights have historically been used for the irrigation of lands owned by the Owner located in Weld County, Colorado, A description of the property where such irrigation use has historically occurred is attached to this covenant as Exhibit A,and is incorporated fully into this covenant by this reference. Owner further understands that the Water Court may require, as a term and coudition;of such change,that the lands historically irrigated as described in Exhibit A must be dried up and not further irrigated as a term and condition of allowing such • change. 1 THEREFORE, in consideration of the willingness of District to accept the Water Rights, and the making of such acceptance, as well as other good and valuable consideration, receipt of which is hereby acknowledged by Owner,Owner covenants and agrees as follows: 1. From and after the date hereof,the Water Rights shall not be used in connection with the property described in Exhibit A without the written consent of District, or its successors or assigns,having been first obtained,which consent may be withheld in District's sole discretion. 2. Owner shall take.any action necessary to eliminate any consumptive use of water for irrigation purposes on the prpperty described in Fithibit A as may be determined and/or requirad by the Water Court or other court or tribunal of competent jurisdiction in the judgment and decree entered in any case involving the change or exchange of any of the Water Rights,and except as hereinafter be specifically allowed,the property shall no longer be irrigated. 3. Owner h by grants to District a non-exclusive perpetual easement for the purpose of access to and over the property described in Exhibit A as may be necessary to take actions to effectuate and enforce this covenant, including but not limited to the conducting of any monitoring or testing activity that may be required by the State Engineer or by any court or tribunal of competent jurisdiction to enforce this covenant or that may be a precondition for changing the Water Rights. • 06-03-2008 17:29 NEBARADO CDNST INC 9704826317 PAGES ;LIN U3 2UUtl TUE U4:bb Nf1 UNIE1EU TITLE. UUI1FANY ERN NU. U/U41tibM r. UI • 1111111011111111111111I1111111111I III 1111111111111 • 3542976 03/21/2008 09:21A Weld County, CG 2 of 12 R 61.00 D 0.00 Steve Moreno Clerk&Recorder • 4. Unless otherwise required by any decree changing the Water Rights,or allowing such rights to be exchanged,this covenant shall not prohibit the Owner or Owner's successors and assigns from irrigating lands that are the subject of this covenant with water rights which may in the future be transferred to such lands and for such use through an appropriate Water Court proceeding, irrigating the lands with water from a well or wells to be constructed in the future which are authorized to pump pursuant to a Water Court-approved plan for augmentation, irrigating the lands with water which is not tributary to the South Platte River, including it tributaries,the Cache La Poudre River and the Thompson River,to include not-nontrihutary water that is duly augmented, or irrigating the lands with eated water supplied by a municipality or a water district Unless so irrigated,the O er agrees that the property subject to this covenant will not be planted with crops which are c pable of extending roots into the underlying groundwater,including but not necessarily li ' ed to the growing of alfalfa. 5. This covenant shall burden, attach to and ru with the property described in Exhibit A,and shall be binding not only upon the Owner, ut also upon Owner's heirs, successors and assigns and any other persons or entities w -ch may acquire an ownership or leasehold interest in all or any portion of the property deso 'bed in Exhibit A. The terms and provisions of this covenant shall not expire and shall be p etual unless specifically released in writing by District or its successors and assigns. This coy rant may be enforced by District or by any party having any right,tide or interest in the Water gilts or by the State Engineer of the State of Colorado,at any time in any action at law or in eq 'ty. This covenant shall bind Owner, Owner's heirs, successors and assigns and shall run with d burden the property described in Exhibit A and chall run with and benefit the Water Rights. • 6. Owner further warrants and represents that 's covenant shall entitle District to the first and prior right to claim credit for the dry-up or no ' 'gation of the property described in Exhibit A,and agrees to provide District with all assistanc District may reasonably require in regard to the above-referenced change of the Water Rights including but not limited to the provision of testimony before the Water Court in any proc ding involving such change. 7. Owner agrees that it will at its sole expense take all steps necessary to accomplish the full and complete establishment of a self sustaining land vegetative ground cover on all of Owner's lands described in Exhibit A within two years rem the date of this covenant,and Owner shall thereafter cease all irrigation on such lands u ess and until a court decree,as referenced in paragraph 4 above, may be duly entered, and then irrigation shall be allowable only to the extent authorized in said paragraph 4. Provided, ho er,that the District may, in its sole discretion,agree in writing with the Owner to a rnodificati n of the conditions of this covenant to allow other irrigation Factices. Any such future agree= t shall be recorded in the official records of Weld County,at Owner's expense. Owner flirt er covenants and agrees that it will at its sole expense also take all steps necessary to accomplis revegetation of such lands as may he required by court order or decree in the Water Court proce 'ng, if such requirements are different from what is required in the immediately precedi sentence. If Owner should fail or refuse to do so,then District shall have the right to come n the land and take all measures to accomplish the required revegetation, and shall reimburse istrict fully for its costs and expenses in so doing. Owner further agrees that it will not take any ctions that would violate such court order. District further agrees if the District determines,in is sole discretion,that the water it has obtained from Owner will not be needed for use by the Di trict or those it serves,such water may then be used, on an annual basis but not to exceed two co ecutive annual irrigation seasons following the recording of this covenant, to irrigate native sses or other plants on the property • 2 06-03-2008 17:29 NEBRRRDD CONST INC 9704826317 PRGET JUN-03-2008 TUE 04:5( PM UNIFIEU TITLE COMPANY NC FAX NO. 8(U411ibI(1 P. U8 • '111111111111111th IIII IIII IIII • 3342978 03/21/2008 09:21A Weld County, CC 3 of 12 R 51.00 D 0.00 Steve Moreno Clerk& Recorder described in Exhibit A for the purpose of establishing such vegetation,provided Owner pays the • required assessments for such water as determined by the District. If the District offers such use of the water to the Owner,and if the Owner declines to use it,then the District may lease the water to others. The District further agrees to duly record any final decree of the District Court, Water Division 1, State of Colorado, or of any other entity or court with the authority to do so, approving the change of the Water Rights to municipal and other uses, at District's expense and promptly upon its entry,in the County of will OWNER ►1 STATE OF COLORADO ) )ss. COUNTY 9B409--,,,le;(4 ) The foregoing instrument was acknowledged before me this/..`' day of . -e—e4...e- r', WI official seal. Pte...-..�, cat Lyle*M, No ary Public S SA a My commission expires_ /0—27.-2.0•1/ STATE OP C 0 )ss. COUNTY ) The foregoing instrument was acknowledged before me this/a"- day of .„Se.,Jo_ ,200S_,by //.Cc:4 WITNESS my hand and official seal. P pUQ e ;Ai/9;401+44- 0.-Cat 0% ten Notary Public LVN N M, My commission expires: /O-e?-A,of/ ,IAOQUART 0 OF CO\- • 3 06-03-2008 17:30 NEBRRRDO CONST INC 9704826317 PAGES JUN-03-2009 TUE 04 57 PM UNIFIED TITLE COMPANY NC FAX NO. 9704165771 P. 09 • 111111 lIJ 111111 iiiiiii'iiiii !iiii IL I1!tl I(1 iIII 3542278 03/21/2008 09:21A Weld County, CO 4 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder III STATE OF COLORADO ) ) ss. COUNTY ) The foregoing instrument was acknowledged before me this!'�2eA day of _.___..-.Zigia.4: 4---- ,2002, by WITNE official seal. -7,31.(::;„2-...z.< ‘., ,,,,4 (C NN K \ Notary Public Is.AGOUART/1 My commission expires:/Q - Z 7---Zotl M `r STATE OFCO•* • . • '—'' 5s- COUNTY Q. rte ' ) The foregoing instrument was ackn lodged before me this ` day of rW ;74 c,A-- ., 200 _.by -,r --1„, .......474 • WITNESS my hand and official seal. ii Notary Public S+O+ LYNN M• �` +,f My commission expires: /G7--al?-Z0(/ • CAST r .tA ,iS . la Accepted for an• on .ehalf of DISTRICT: cj_4-i-a---a- V.—a-lit-3 --,vAEN —A ', Title: G1 - ' SEAL ` , L-4,-,_—.L., ID ite: -0i-1-..L.,j - ,200 q ..r, Ar, r� I Wr" 41 r • 4 06-03-2008 17:30 NEBARADO CONST INC 9704826317 PACE9 JUN-03-2008 TUE U4 b7 PN UNIFIED TITLE UUMFANY NC IAX NO, (U41bb111 P. lU I 1101 11111 111111 H tot III 111111I M11111111 I ll1111111111 III 3542976 03121/2006 00:21A Well County, CO 5 01 12 R 61.00 P 0.00 Steve Moreno Clerk&Recorder • Exhibit"A" Dry-Up Area No. 1 August 31, 2005 LEGAL DESCRIPTION OF DRY-UP AREAS SITUATE IN THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 7 NORTH,RANGE 65 WEST OF THE SIXTH P.M., WELD COUNTY, COLORADO DRY-UP AREA NO. 1: A tract of land situate in the Northwest 1/4 of Section 6, Township 7 North, Range 65 West of the Sixth P.M.,Weld County, Colorado which considering the North line of the said Northwest 1/4 as bearing N88°18'19"W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South right-of-way line of Weld County Road No. 86 which bears S51°58'28"E 50.64 feet from the Northwest corner of said Section 6 and run thence along said South right-of-way 388°18'19"E 908.83 feet; thence along the arc of a,1390.00 foot radius not-tangent curve to the left,a distance of 1483.16 feet,the long chord of which bears S41°0020"W 1413.79 feet;thence 1481°18'14"W 4.81 feet todhe!East right-of-way line of Weld County Road No. 37; thence along said right-of-way N00°12'35"E 1093.66 feet to the pcint of beginning containing 7.48 acres more or less. • • 06-03-2008 17:30 NEBARADO CONST INC 9704826317 PRGE10 JUN,U3-2UU8 TUE U4:58 PM UNIFIED TITLE UUNPRNY NU FRX NU. U(U4lUb(tl P. 11 111111111111111111111III IIIIll 1111ii111111111Ell 3542976 03/21/2008 09:21A Weld County,CO • 6 of 12 R 01.00 D 0.00 Steve Moreno clerk&Recorder Exhibit"AT Dry-Up Area No.2 August 31,2005 LEGAL DESCRIPTION OF DRY-UP AREAS S[TUATE IN THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 7 NORTH,RANGE 65 WEST OF THE SIXTH P.M., WELD COUNTY,COLORADO DRY-VP AREA NO. 2: A tract of land situate in the Northwest 1/4 of Sectijon 6,Township 7 North,Range 65 West of the Sixth P.M.,Weld County, Colorado which considering the North line of the said Northwest 1/4 as bearing N88°18'19"W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at apoint on the East right-of-way line of Weld County Road No. 37 which bears 588°06'08"E 40.02 feet from the West 1/4 corner of said Section 6 and run thence along said East right-of-way line, N00°12'35"E 737.19 feet;thence along the arc of u',1469.50 foot radius non-tangent curve to the left, a distance of 1032.09 feet,the long chord of which bears S41°18'44"E 1011.00 feet to the South line of the said Northwest 1/4;thence along said South line • N88°06'08"W 670.49 feet to the point of beginning containing 4.28 acres more or less. • 06-03-2008 17:30 NEBARADO CONST INC 9704826317 PAGE11 JUN-UJ-?UU3 IUE L'4 Ud h-11 UNIT I! L 111 LL UJf1r9NY N' f.e?( NU, U'U41bb/ (1 r. ie 111111111111111111111111111111t(11(111111I 111111111 I l l! 3542976 0312112008 09:21A Weld County, CO 7 or 12 R 61.90 d 0.00 Steve Moreno Clerk&Recorder • Exhibit"A" Dry-Up Area No. 3 August 31, 2005 LEGAL DESCRIPTION OF DRY-UP AREAS SITUATE TN THE NORTHWEST 1/4 OF SECTTON 6, TOWNSHIP 7 NORTH,RANGE 65 WEST OF THE SIXTH PM, WELD COUNTY,COLORADO DRY-UP AREA Na 3: A tract of land situate in the Northwest 1/4 of Section 6, Township 7 North,Range 65 West of the Sixth P.M., Weld County, Colorado which considering the North line of the said Northwest 1/4 as bearing N88°18'19"W and w#h all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South right-of-way line of Weld County Road No. 86 which bears S00°18'31"W 30.01 feet from the North 1/4 comer of said Section 6 and run thence along the East line of the said Northwest 1/4 S0B°1831"W 678.60 feet;thence along the arc of a 1528.50 foot non- tangent radius curve to the lerl, a distance of 918.47 feet, the long chord of which bears ;139°4.3'39"W 904.71 feet; thence along the South right-of-way line of Weld County Road No. 86, S88°18'.9"E 582-15 feet to the point of beginning contPining 3.58 acres more or less. • 06-03-2008 17:31 HEBARADO CONST INC 7704826317 PRGE12 JUN-03-2008 TUE 04:58 PM UNIFIED TITLE COMPANY NC I•AX NO. 9(U41 bb(11 N. I:3 • 11111111111111111111111i l 1(1111011(11 I l l 111111111 II I I 3542976 03/21/2009 09:21A Weld County, CO 8 of 12 R 81.00 0 0.00 Steve Moreno Clerk&Recorder Exhibit"A" Dry-Up Area No. 4 August 31,2005 LEGAL DESCRIPTION OF DRY-UP AREAS SIITUATE N THE.NORTHWEST 1/4 OF SECTION 6,TOWNSHIP 7 NORTH,RANGE 65 WEST OF THE SIXTH P.M., WELD COUNTY,COLORADO DRY-UP AREA NO.4: A tract of land situate in the Northwest 1/4 of Section 6,Township 7 North,Range 65 West of the Sixth P.M.,Weld County, Colorado wick considering the North line of the said Northwest 1/4 as bearing N88°18'19"W and v,Oth all bearings contained herein relative thereto is contained within the boundary 1naes which begin at the center 1/4 corner of said Section 6 and run thence along the South line of said Section 6, N88°06'10"W 952.23 feet;thence along the arc of a 1403.00 foot non-tangent curve to the left,a distance of 1331.68 feet,the long chord of which bears N44°06'3 I"E 1282.24 feet;thence N90°00'00"E 64.37 feet to the East line of the said Northwest 1/4;thence along said East line, SO0°18'3 1"W 952.23 feet to the point of beginning containing 8.01 • acres more or less. • 06-03-2008 17:31 NEBARADO CONST INC 9704826317 PAGE13 Hello