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Home My WebLink About20082733.tiff 10/20/20% 1:29.18 ihd D( B • - • File No.: 80177312 • STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY Security Title Guaranty Co. AS AGENT FOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements,Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. • AGREEMENT TO ISSUE POLICY First American Title Insurance Company, referred to in this commitment as the Company, through its agent Security Title Guaranty Co., referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached. • EXHIBIT 2008-2733 1 7 IQh2'2G06 124_ISjhd DCB • • File No.: 80177312 CONDITIONS • 1. DEFINITIONS (a) "Mortgage"means mortgage,deed of trust or other secunty instrument. (b) "Public Records"means title records that give constructive notice of matters affecting the title according to state law where the land is located. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real property. 2. LATER DEFECTS The Exceptions in Schedule B—Section 2 may be amended to show any defects,liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B— Section 1 are met.We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to show them.If we do amend Schedule B to show these defects,liens or encumbrances,we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment,when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: • comply with the Requirements shown in Schedule B-Section I or • eliminate with our written consent any Exceptions shown in Schedule B-Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim,whether or not based on negligence,which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. DISCLOSURES 41111 GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment,the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent;and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners,the county clerk and recorder,or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer,or are required by law. See attached Privacy Policy of Mercury Companies Inc.and Security Title Guarani.Co. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate. If such reference is made,there is a substantial likelihood that a third party holds some or all interest in oil,gas, other minerals or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface estate owner's permission.You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its affect upon your ownership.Ask your title company representative for assistance with this issue. • I0/20/2006 I:20:15 jhd IX • • File No.: 50177312 • meteury .gaittpcarttes, inc. Privacy Policy of Mercury Companies,Inc. And Security Title Guaranty Co. We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,you have provided or will provide us with certain information. We understand that you may be concerned about what we will do with such information—particularly any personal or financial information. We agree that you have a right to know how we will utilize personal infonnation you provide to us. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer-reporting agency. Use of Information The information you provide us is for our own legitimate business purposes and not for the benefit of any affiliated or nonaffiliated party. Therefore,we will not release your information to affiliated and nonaffiliated parties except:(I)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law. We may,however,store such information indefinitely,including the period after which any customer relationship has ceased. Such information may be used for any internal purpose,such as quality control efforts or customer analysis. Furthermore,we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies,or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal infonnation. • Security Title Guaranty Co. • • 3690 W l0thSt 2nd Floor Greeley,CO 80634 Phone: (970)356-3200 Fax: (970)356-4912 • COMMITMENT SCHEDULE A Commitment No: S0177312 1. Commitment Date: October 13, 2006 at 8:00 a.m. 2. Policy or Policies to be issued: Proposed Insured: Policy Amount (a) Owner's Policy S TO COME TBD $ 3. I'ee Simple interest in the land described in this Commitment is owned,at the Commitment Date by: • Weld 45 Acre, LLC,A Colorado Limited Liability Company • 4. The land referred to in this Commitment is described as follows: Lot B,recorded Exemption No. 1311-02-2-RE-2812, being a part of the South '/2 of the Northwest '/ of Section 2,Township 2 North. Range 67 West of the 6'"P.M.,Weld County,Colorado,recorded September 21,2000 at Reception No. 2795358, County of Weld, State of Colorado. (for informational purposes only) Vacant Land, ,CO PREMIUM: TBD Commitment $414.00 10/20/2006 1:32:21 j hd DCB IO/2Oi2O0( 1.2Q:18.111d IX'l3 • File No.: 50177312 Form No. 1344-B I (CO-88) ALTA Plain Language Commitment • SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and%or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this Commitment and notarized. e. The following documents satisfactory to us must be signed,delivered and recorded: 1. Correction Deed from Lee Petrides,David Lawley, Cindy Lawley and Richard L. Parietti to Weld 45 Acre, LLC,a Colorado Limited Liability Company. This requirement is necessary because deed recorded July 21, 2003 at Reception No. 3085682 contain the following errors: a. An incomplete acknowledgement b. Errors in the names of the grantors 2. Release of the Deed of Trust from Weld 45 Acre, LLC, A Colorado Limited Liability Company to the Public Trustee of Weld County for the benefit of David Lawley and Cindy Lawley and Lee Petrides and Richard L. Parietti to secure an indebtedness in the principal sum of$170,000.00, and any other amounts and/or obligations secured thereby, dated September 29, 2000 and recorded October 3,2000 at Reception No. 2797631. f. This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary when the name of the(Proposed Insured,Schedule A,Item 2A)has been disclosed. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). • 10/20/2006 1:2) I K.ilul 17t'it , • File No.: S0177312 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment • SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements,not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose,and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate • or intersect the premises thereby granted as reserved in United States patent recorded in Book 132 at Page 120; and any and all assignments thereof or interest therein. 8. An undivided Y2% interest in all oil, gas and other minerals as reserved by Lee Martin and Susie May Martin recorded August 13, 1968 at Reception No. 1519736, and any and all assignments thereof or interests therein. 9. An undivided 14% interest in all oil, gas and other minerals as reserved by First National Bank of Greeley and Sophie B. Echeverria, executors of the estate of Domingo Echeverria recorded December 6, 1971 at Reception No. 1579766, and any and all assignments thereof or interests therein. 10. An Oil and Gas Lease, from First National Bank of Greeley and Sophie B. Echeverria, executors of the Estate of Domingo Echeverria as Lessor(s) to Martin J. Freedman as Lessee(s) dated April 28, 1970, recorded May 26, 1970 at Reception No. 1548029, and any and all assignments thereof or interests therein. 11. An Oil and Gas Lease, from Lee Martin and Susie May Martin as Lessor(s) to Martin J. Freedman as Lessee(s) dated April 22, 1970, recorded July 13, 1970 at Reception No. 1551092, and any and all assignments thereof or interests therein. 12. Terms, conditions,provisions, agreements and obligations specified under the Agreement by and between First National Bank of Greeley and Sophie B. Echeverria executors of the State of Don Echeverria and Susie Martin recorded December 9, 1971 at Reception No. 1579963. • 13. An easement for electrical facilities and incidental purposes granted to Union Rural Electric Association, Inc.by the instrument recorded May 27, 1976 at Reception No. 1689621. 10•/20/20061.20:ISjlnlD 11 File No.: S0177312 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment • SCHEDULE B—Section 2 Exceptions(Continued) 14. An easement for correction of the above easement and grant of 2 additional casements for overhead and underground electrical facilities and incidental purposes granted to Union Rural Electric Association, Inc. by the instrument recorded April 14, 1989 at Reception No. 2176451. 15. Notice of General Area served by Panhandle Eastern Pipe Line Company recorded June 26, 1986 at Reception No. 2058722 16. Terms, conditions, provisions, agreements and obligations specified under the Temporary and Perpetual Easement Agreement by and between Gaylord M. Richardson and Fann Credit Bank of Wichita recorded August 21, 1989 at Reception No. 2189133. 17. Notice of underground facilities of United Power, Inc., recorded January 24, 1991 at Reception No. 2239296. 18. An undivided 100% interest in all oil, gas and other minerals as reserved by Lawrence J. Cler and Nancy Franklin-Cler recorded March 5, 1998 at Reception No. 2598070, and any and all assignments thereof or interests therein. 19. The following items as set forth on the plat of Recorded Exemption No. 1311-02-2-RE2812 recorded September 21, 2000 at Reception No. 2795358,to-wit: a. Right-of-way for Lupton Bottom Ditch. b. Special County notes. c. Weld County Right to Farm Covenant. d. Right-of-way for Weld County Road 21 1/2 e. 10 foot reservation for future Weld County Road 22. f. Joint non-exclusive access and utility easement for Lot A and B g. 150 foot oil and gas well set back. h. Building envelopes as shown 20. Rights of others to that portion of the land lying within Lupton Bottom ditch together with such adjoining land as may be used or useful in connection with the use or maintenance of that ditch. 21. Any increase or decrease in the area of the land and any adverse claim to any portion of the land which has been created by or caused by accretion or reliction, whether natural or artificial; and the effect of the gain or loss of area by accretion or reliction upon the marketability of the title of the land. 22. Any existing leases or tenancies. • 10/20/2006 1:29:18 Old I)(13 • , Filc No.: S0177312 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment • SCHEDULE B-Section 2 Exceptions(Continued) 23. Notice of Right to use the surface of Lands by Encana Energy Resources. Inc.,recorded January 14, 2005 at Reception No. 3253245. 24. The effect, if any, of PZ #1048 Change of Zone Morrea Manor North recorded September 22, 2006 at Reception No. 3421616. 25. Notice of Request For Notification of Surface Development by EnCana Oil & Gas (USA) Inc., recorded April 21,2006 at Reception No. 3381125. 26. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by and between Lupton Bottom Ditch Company and Weld 45 Acre, LLC recorded August 3. 2006 at Reception No. 3409049. 27. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by and between Lupton Bottom Ditch Company and Weld 45 Acre, LLC recorded August 3, 2006 at Reception No. 3409048. 28. Terms, conditions,provisions, agreements and obligations specified under the Waterline and Road Cost— Sharing Agreement by and between Steven Klen and Lori Guttenstein and Weld 45 Acre, LLC, et al recorded August 3,2006 at Reception No. 3409050. al29. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between David Lawley, et al and North American Resources Company recorded August 3,2006 at Reception No. 3409051. • • 682 • 11111111ln IIII 1111111111111E 11111111111111 IIII llll 3085682 07/21/2003 11:59A Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder LF298-04 R298.04 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this 2.5"'day of June 2003 • by firstpirty, Granor, Lee Petrides, Dave Lawley, Cindy Lawley, Rick Parietti who&ePost office address is 9202 S. Rockport Lane, Highlands Ranch, CO 80126 to second=party,-0rantee,rWeld 45 Acre, LLC illose,po4officleTladdres,s is 9202 S. Rockport Lane, Highlands Ranch, CO 80126 WITNFSSETII;?hatthe said first party, for good consideration and for the sum of Fifteen Dollars ($15.00) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Weld , State of Colorado to wit: *Lett DesCrition of Property: LPakB, recorded Exemption No. 1311-02-2-RE-2812, Being A Part of the S 1/2 of the NW 1/4 of Se>tion 2, p2 ToWnsf North, Range 67 West of the 61h P.M., Weld County, Colorado Together with-17 shares of the New Coal Ridge Ditch Company. ©1992-2001 Made E-Z Products,Inc. Page 1 Rev 10/02 This product does not constitute the rendering of legal advice or services. This product is intended for informational use only and is not sa substitute for legal advice. State laws vary,so consult on all legal matters. This product was not necessarily prepared by a person licensed to ctice law in your state. ABAK • IN WITNESS WHEREOF, The said first has signed and sea d ese prese is t e day a year first above written. Signed, sealed and delivered in presence of: GC Suture of Witness i n of Fir _Dave Lawley/Cindy Lawley Print name of Witness Print e of First Party 12.0.143. Signature of Witness igna of first Party Lee Petrides/Rick Pmiett+ iW ;2jT t Print name of Witness Print name of Firs Party State of COOUrot O 7,—X County of c oXAkO2e— y 1 On 2qY*d(m -S4n2,2e9)eTre me, appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. y ea r. Cis. *b.' •'gnature of Notary ..-4-Known c7 Affiant Rrgd}tcegDType of ID i, 1 State of COIOra �O Onu2t fd hOC' 4m cian:),Zweefore me, appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized _ capapacity(iesl. and t7tat by his/her/their ignaturc-W-an the-instrument-the.persim(sL or the entity upon behalf,ortirItUJ),errs person(s) acted,executed the instrument. 1 r .1 ', C ' WITNESS my hand and official seal. �wr`.: Q, •`� t. 1(\(r Signature of No y Affiant Known Prudtad1D - Type of ID _ (Seal) 111111 IIIII 1111 111111 111111 11111 11111 III 1111 III 2 of s 2 R 1 00 O D 0.00 3 eve MorenA Weld o Clerk& Recorder CO n re o rer Lee Petrides Print Name of Preparer • 9202 S. Rockport Lane, Highlands Ranch, CO 80126 Address of Preparcr Page 2 Weld -2797630-2000 (Doc Page 1) 11111111111111111111111111 1111111111111111II1I 1111 of610 R 5..00 19.60 WeldJCounry CO kamoto • (P WARRANTY DEED THIS DEED,Made this 29th day of September , 2000 ,betw MARVIN C. HEIN FAMILY PARTNERSHIP of the said County of DENVER / ur"ass and stare of CO ✓ ,grantor,and 2otbfoa)�3 DAVID LAWLEY AND CINDY LAWLEY AND LEE PETRIDES AND RICHARD L. PARIETTI, AS JOINT TENANTS l; erc 619,5) whose legal address is P.O. BOX 107 FREDERICK, CO 80530 of the said County of WELD and State of CD ,grantee: WITNESSETH,That the grantor for and in consideration of the sum of ONE HUNDRED NINETY-FIVE THOUSAND & 00/100 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. all the real property together with improvements,if any,situate,lying and being in the said County of WELD and State of Colorado described as follows: LOT B, RECORDED EXEMPTION NO. 1311-02.2-RE-2812, BEING A PART OP THE S 1/2 OF THE NW 1/4 OP SECTION 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OP THE 6TH P.M., WELD COUNTY, COLORADO; RECORDED SEPTEMBER 21, 2000 AT RECEPTION NO. 2796358. TOGETHER WITH 17 SHARES OF THE NEW COAL RIDGE DITCH COMPANY also known by street and number as: VACANT TOGETHER with all and singular the hereditament,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 what- soever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditameots and appurtenances. TO RAVE AND TO HOLD the raid premises above bargained and described, with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for itself,and Its successors, 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, 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&Dever,except GENERAL TAXES FOR 2000, PAYABLE IN 2001, AND EXCEPT RESTRICTIONS, RESERVATIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, OR IN PLACE. The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against ell and every person or persons lawfully claiming the whole or any put 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 this deed on the date set forth above. MARVIN C. HEIN FAMILY PARTNERSHIP By �(61Art By ..` MARVIN C. HEIN, GENERAL PARTNER State of CO ) )ss. County of WELD The foregoing instrument war acknowledged before me this 19th day of September , 2000 by MARVIN C. HEIN,GENERAL PARTNER FOR MARVIN C. HEIN FAMILY PARTNERSHIP My commission expires Jaauary 31, 2002 . Witness my and official seal. I\ v q Sy Public Ills Na,moemN3 &wvt Mc Pam. ee..w scam e: DAVID LAWLEY No.NRWARRANTV DEED QOrtnenNpl(YaeaPNRW) P.O. BOX 107 /z"6 ot94 FREDERICK, CO 80530 Page 3 of: Weld - 3409050-2096 (Doc Page 5) 1111111111111111111111111111111111 III 1111111111111 3409050 a 31P Weld County, CO 5 of 12 R61.00 0aD 0.00 Steve Moreno Clerk& Recorder • construct Harpenden Lane with a surface of packed road base will be approximately Forty Thousand Dollars($40,000.00)("Road Cost Estimate"). C. Reimbursement by LLC. LLC agrees to reimburse and pay to K/G one-half of the Road Cost Estimate or one-half of the actual costs to construct Harpenden Lane to the extent the actual costs are greater than or less than the Road Cost Estimate, hereinafter referred to as the "Road Reimbursement." Payment of the Road Reimbursement by LLC shall be made prior to any use by LLC of Harpenden Lane. LLC acknowledge and agree that they shall have no right to any use of Harpenden Lane until they have fully paid the Road Reimbursement to K/G. 3. Cost of Paving Harpenden Lane. The parties currently anticipate that Harpenden Lane will be surfaced with packed road base. In the event that the development of the LLC Property requires, or in the event LLC • desire, to provide a different surface on Harpenden Lane, including asphalt or paving, LLC shall be solely responsible for and bear all costs, including labor, materials, equipment and fees, for the construction or installation of the asphalt/paving or other surface on Harpenden Lane. It is expressly recognized and acknowledged that the responsibility for LLC to bear all costs for the paving of Harpenden Lane is partially in consideration for K/G providing and dedicating the land necessary for the construction of(a) Harpenden Lane and (b) the Water Main Extension. LLC jointly and individually agree to indemnify, reimburse and hold harmless K/G against all costs, fees (including reasonable attorneys fees), expenses, damages, judgments or liens incurred by K/G or for which K/G is found liable as the result of any demand, claim or action against K/G or Moorea Manor arising from or relating to any labor, services or materials provided by any person or other entity at the request of, or alleged request of, LLC, or any person associated with LLC, • 5 Page 14 of 2 Weld - 3409050-2006 (Doc Page 6) • • 111111IIIII IIIII IIIII II IIIII 111111111111111111111 3409050 00/03/2006 03:31P Weld County, CO 6 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder • for the resurfacing of Harpenden Lane, except as such is necessary for maintenance of c Qqv,ur a it ka;1) 1 Rood (did be p 4 A. Harpenden Lane as set forth below. GNu J rill MPs r: Cidc(;if -S I-(avt_ be ea ,t4.4; lr 4. Maintenance of Harpenden Lane." i nth 1'T-cal • " �p to 13 Aug" The cost to maintain Harpenden Lane to a standard necessary to satisfy all requirements of Weld County or to any greater standard desired by the owners of Moorea Manor and the LLC Property and any costs to maintain the Water Main Extension shall be shared on a percentage basis based upon the number of single family residences that are constructed on Moorea Manor and the LLC Property. If there is any disagreement on the manner in which Harpenden Lane should be maintained, the majority, as determined by one vote for each single family residence, shall prevail. The amount owed by the owner(s) of Moorea Manor and the owner(s) of the LLC Property shall be determined by dividing the total maintenance costs for any calendar year • (January 1 to December 31) by the number of single family residences on both Moorea Manor and the LLC Property to derive an amount referred to as the"Shared Maintenance Cost" for each single family residence. The total amount owed by the owner(s) of Moorea Manor shall be determined by multiplying the Shared Maintenance Cost for any given calendar year by the total number of single family residences constructed on Moorea Manor. The total amount owed by the owner(s) of the LLC Property shall likewise be determined by multiplying the Shared Maintenance Cost by the total number of single family residences constructed on the LLC Property. In the event that Harpenden Lane and/or the Water Main Extension are dedicated to the County, and the County assumes and accepts responsibility for maintaining Harpenden Lane and/or the Water Main Extension, upon such dedication and acceptance, the owner(s) of Moorea Manor and the LLC Property shall have no further liability or responsibility for maintaining • 6 Page 15 of3 Weld - 3409050-2006 (Doc Page 7)• • - 1111111 IIIII 1111111111 III IIIII Illll III IIIII IIII IIII 3409050 08/03/2006 03:31P Weld County, CO 7 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder • Harpenden Lane and/or the Water Main Extension, except as otherwise required by Weld County. 5. Temporary Construction Easements. Each of the parties agrees to execute and deliver such temporary grants or dedications of rights-of-way or access, including, without limitation, any required emergency access that may be reasonably necessary for the purpose of designing, engineering and constructing of the Water Main Extension and Harpenden Lane. 6. Remedies. Each and every term of this Agreement shall be deemed to be a material element hereof. In the event that either party fails to perform according to the terms of this Agreement, such party may be declared in default by written notice from the non-defaulting party to the defaulting • party specifying the nature of such default and allowing a period of fifteen (15) days from receipt of notice within which to cure such default. In the event such default remains uncorrected, the party declaring default may elect to terminate this Agreement and seek damages, treat the Agreement as continuing and require specific performance and/or damages, or avail itself of any other remedies at law or in equity. In the event of any default hereunder by either party which shall require the party not in default to commence legal or equitable action against the defaulting party, the defaulting party shall also be liable to the non-defaulting party for all reasonable fees and costs incurred by the non-defaulting party by reason of such default, including reasonable attorney fees. 7. Contingent Upon Approval of Subdivisions. This Agreement is contingent upon the approval of the minor subdivision request for Moorea Manor and the minor subdivision request for the LLC Property. In the event that either • 7 Page 16 of; Weld - 3409050-2006 (Doc Page.8) • I IIIIiI IIIII IIIII IIIII II'�I IIIiI II"1 III /III/III I'll 3409050 08/0312006 03:31P Weld County, CO • 8 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder or both the minor request for Moorea Manor and/or the minor request for the LLC Property are not approved, this Agreement shall terminate and become null and void. In such event, K/G and LLC shall not have any obligations to each other under this Agreement. 8. Severability. If any provision of this Agreement shall be held unlawful, void and for any reason unenforceable, such provision shall be deemed separate from, and shall in no way affect the validity or enforcement of, the remaining provisions of this Agreement. 9. Non-Waiver. The failure to enforce any provision of this Agreement at any time shall not constitute a waiver of any right thereafter to enforce such provision or any other provision hereto. 10. Notices. • Any notice or other communication given by either party hereto to the other relating to this Agreement shall be personally delivered or shall be sent by registered or certified mail, return receipt requested, addressed to such other party at the respective addresses set forth below, or such other address as may be designated from time to time by notice given pursuant to this paragraph; and if mailed, such notice or other communication shall be deemed given three (3) business days after being placed in the United States mail: If to Klen and Guttenstein: Steve Klen and Lori Guttenstein 6909 Shannon Court Loveland, Colorado 80538 If to LLC: Weld 45 Acre LLC 9202 South Rockport Lane Highlands Ranch, Colorado 80126 • 8 Page 17 of: Weld - 3409050-2006 (Doc Page 9) • • • 1 111111 11111 11111111111111111111111111111111111111 3409050 08/03/2006 03:31P Weld County, CO • 9 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder 11. Time is of the Essence. It is agreed that time shall be of the essence of this Agreement and each and every provision hereof. 12. No Third-Party Beneficiary. This Agreement shall not be construed as creating any rights for the benefit of any parties, including, without limitation, Weld County. 13. Governing Law. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by, and its terms construed under, the laws of the State of Colorado. 14. Headings. • Paragraph headings used herein are for convenience of reference and shall in no way define, limit or prescribe the scope or intent of any provision of this Agreement. 15. Construction. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender. Words of the singular shall include the plural and vice versa. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 16. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof and may not be changed, except by a written document signed by all parties hereto. There shall be deemed to be no other terms, conditions, promises, • 9 Page 18 of 2; • Weld - 3409050-2006 Doc Pa•e 10 •.eceiu ,:'F x Ict 2: 2u2 •:5' F.x St rim Str ker • 2 FROM : CINDY LPLLEY FRY( NO. : 3038335535 Oct. 28 2002 09:01PM P2 • 11111 11111 13111111 full RI 11111 NI 1111111111111 3409650 0810312006 03:31P Weld County, CO 10 of 12 R 61.00 0 0.00 Steve Moreno Clerk& Recorder understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by all parties hereto. 17. Binding Effect. This Agreement and the covenants contained herein shall run with the entire property and shall be binding upon and inure to thie benefit of the parties hereto and their respective successors and assigns. • IN WITNESS WHEREOF,'the parties hereto have executed this Agreement on the day and year first above written. r Mk1.>-x-0,2 �4� ic.;"--a`"= STEVE KLEN i OKI GUTTENSTEIN • 2.4--- --\ /v/zl4frz C W. Ce!� /nla/oa LA Y • N i tSI -t- VelC--..-ee. . ,e4�4 q'io_is. ES RICHARD L. PARIETTI WELD 45 LLC • ejt pOA �Oi)1 By. 4l � uHnbs Name: ,:-.,b°:.4' 1^ .•f'iOrr/ Title: rvlAukt.A._. aF l UC_ 1 r • i iiIllAC!BL\9101 f Y e . r `� F P_ u� O• .cj e_t^ ii OF COtO— fro lass i AlyCosmhsiatF�hes0110620p5 •I ii r••• e ' } v It l) X-Q-F�rte VI u hv'- ' ° •/o Lt{•` 3a �Jt(SJ i 5 X i y y�i myQ ,t � .F t-k-F-a 41-89-05 Page 19 oft �� -27-oz oe:6sn TWeld - 3409050-2006 (Doc Page 11) — _ --- — • O- ...r1c . 97082 1790 P .02 CUSTOMER NAME Klen . WATER MAIN EXTENSION CONTRACT#1 THIS A(GRFKMLN'f, made and entered into this day of NIP , 20 CZ- by and between the CENTRAL WELL)COUNTY WATER DISTRIC P, hereinafter called the I)(STRICT.and Steve Klen and Lori GlIncnstcin called OWNER, WlTN1jSSETII: hereinafter WHEREAS, DISTRICT has been organized as a legal body and in known as the Central Weld County water District.and WHEREAS, OWNERS are taxpaying ejectors within said DISTRICT, or have petitioned to join said I)ISIT4ICI,and WHEREAS OWNER owns the fhllowving described real property within the service area of the DISTRICT: (Said property is hereinafter referred to as the Subject Propcny,) The S V of the NW '/ of Section 2, Township 2 North, Range 67 West of the 6i'' Principal Meridian, County of Weld.State of Colorado, except ;hat portion as conveyed by deed recorded May 22, 1968 in Book 595 as Iteception No. 1516724.together with a portion of the SW '/ of said Section 2, the total being more particularly desarihed us Rtllows: Beginning at the W 'h comer of said Section 2; thence Nonh 89'2.8'45" Last on an assumed hearing alone the northerly line of said SW 'A of Section 2 a distance of 150.(X) feet to the Inlc point of beginning: thence South 00°00'00" East parallel with the westerly line of said SW 'i of Section 2 and along the easterly line of a 150.00 foot wide parcel for Public Service Company of Colorado a distance of 220.(70 feet: thence North 89°28'45"East parallel with said northerly line of said SW 'V.of Section 2 a distance 01c4X,(y) fler thence North • 011"1h)'Uo" West parallel with said westerly line of the SW Y+ of Section 2 a distance on 220.00 feel to said northerly line of the SW V. of Section 2; thence North 89°28'45" last along said northerly line of the SW S:, of Section 2 a distance of 1990.93 feet to the center of said Section 2;thence North 00°5I'04" West along the easterly line of said S VI of the N W' '1 of Section 2 a distance of 1324,59 feet to the northeast comer of'said S %of the NW of Section 2; thence South 89°19'02" West along the northerly line of said S Y, of the NW / of Section 2 a distatcc of 2578.69 feet to the northwest corner of said S '4 of the NW' %a of Section 2; thence South 00°24'11" Fast,along the westerly line of said S !4 ei'the NW J of Section 2 a distance of 1167.28 feet to a point 150.00 feet northerly of said W !,corner of Section 2; thence North 89"28'45"East parallel with the southerly line of said S Y of the SW ! of Section 2 a distance of 150.00 feet: thence South 00'24'11"Last parallel with said westerly line of the S 1 of the NW 1/4 of Section 2 adistance of 150.00 feet to the true point of beginning. WI1LR1,\S, DISTRICT water facilities arc not presently located to service ;adequately the Subject Property,and. WHEREAS OWNER wishes to have the DISTRICT constrict water mains to service the Subject Property. and, WHEREAS DISTRICT wishes to construct said water mains on the terms and conditions hereinafter set forth and, Page I oft • 11111111111 IIIII cu IIIII 1111111 IIIII III 111111 III IIII EXHIBIT 3409050 08/03/2006 03:31P Weld County, CO A 11 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder Page 20 of 27 Weld - 3409050-2006 (Doc Pa 9e 12 ,lun-27-02 06:63A To•t,nginooring In . �,... 2 179D P.O3 c » Water Main Fxtension Contract 81 • WHEREAS. OWNERS arc requesting water service by separate tap fee agreements and will acquire SIX v% tap(s)with ntetersire of 5/8 inches from the said DISTRICT, and, WHEREAS DISTRICT reserves the right and has the authority to consider each extension contract provision individually,and administer as determined appropriate based on varying conditions. NOW. THEREFORE, in consideration of the premises and the terms of' this agreement, it is mutually agreed as Follows: Prior to any expenditure or construction by DISTRICT, OWNER agrees to pay,in advance, the amount of $97,906.05 based on the estimated crests for all material, labor, installation, fees and other costs directly applicable to the extension. The amount of397,906 O5 is 11w the line extension only and does. not include required tap fees. Taps may be purchased based on capacity available at a Inter date. 2. OWNER agrees to execute any and all easements needed by DISTRICT at no expense to DISTRICT. across OWNER'S property for the purpose of installing any pipelines constntcted by DISTRIC DISTltiCT shall he responsible for restoring surface area back to reasonable condition at DIN TRICT cost. 3. OWNER agrees to abide by rates estn'ilishcd and the rules and regulations of the DIS'IRIC'T. 4. This Agreement shall be governed by and construed in accordance with the laws ol'the State of Cularado. 5. This Agreement constitutes the entire agreement between the parties with respect to the extension • of the water mains herein described.and supersedes all prior arrangements or understandings with Inspect thereto. 6, 'this Agreement may only be modified,in writing,by the Hoard of Directors of'IIre DISTRICT. 7, 'Ihis Agreement shall be binding upon,and shall inure to the benefit of,the parties hereto.and their successors,heirs,and assigns. TN WITNESS WHEREOF, the parties have hereunto and hereunder set their signatures the day and year fist hereinubtve written. OWNERS SIGNATURE. 'FNTR AL WELD MINTY WATER DISTRICT (Property Owner) '1 4 /J �5.Gr) BY ye., Steve Ki en /71's tale.tat . NrrEST La t s Lori C•'ttenstolu Page 2of7 • I IIIIII Iilil Hill It lllll IIIIIII HE III 111111 III lull 3409050 08/03/2006 03:31P Weld County, CO 12 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder Page 21 of 27 Weld - 3409051-2006 (Doc Page 1) • • SURFACE DAMAGE AGREEMENT • 051 • '1'111S ACAEEM EMI',halal effectively this 15th day of Ueursub?r,7.OO, is made by and between Ow undersigned David Lange',and Cindy Latrine and Lrr 1'e(rides and ltichtrtl L. Paneni, whose address is,herein called "OWNER°,nod NorthAmerican Rrvaurn s f onp:v..1 , 1700 Rrnndway, Sr vie 2(01),I.lower,Colorado Iii)ave herein called"NA ItCO", WIWREAS,(I WNI tit represents that I hey are the surface owners and in possession of an inlea cal in pan iii all 0t the artifact:carafe 1(11'the fi)Ilowml(l1CS0rlhed lamb.ill Weld County,Colorado, said land heron called'I.ANUS", to wit'. 'township 2 North,Rangeb7_Wesl"(db P.M. Section 112: SW/4NW/4 WHEREAS,NA RFD has in will acquire certain leasehold intelr_.la in the nil and gas nliuel al estate in he I.ANUS and proposes to conlucl drilling and subsequent pmdurtinu operations on the. I ANUS,old WHEREAS,OWNEIt and NARY)'lustre in minimize any swim pt damage In the I ANDS and to reach no agreement regarding such surface damage NOW,THEREFORE,in consideration of tun dollars end other Viduable co node,at ion,the suflici ticy of wine'),is he shy acknowledged,Ilse parties agree as Iidl iws 1. l4 tar In commencement of drilling operations,NAI(CO thin pay OWNER.the following sum ac full settlement nod%Kitsfnction of till dmnagc%glowing out of,'widow I•,,°f in connection Willi the usual and cilstommy exploration,drilling,completion,reworking,equipping and production operations, 'micas otherwise specifically provided herein Duce Thousand Five I tumbril Dollars(1)500 00)for the wellslle located on the LANDS in which OW Nlflt owns be entii e.cxn'f,cc cat ale,Io%cl her with ally lands used for mad porpmew, pi°doctier'l'acilines,pipelines, (towlines or other rax,casnry facilities in tO IIII`r;ll<III IVitll the WC0sultt. • If,by reasons directly resuhi I;;from the operations of N A It CI I,Ihot is damage to real or ',elsunal properly upon the LANDS which is not associated will'usual awl customary operations,such as (bun run linlinal In)damage to livestock,allllclincs,buildings,fences,enhe.tl'l cement dite:hrs,1l rigatoni systems,and natural water way's,‘arch damage will he repalfed or l eptneod by NAltl'(),of NA It CO will pay reasonable compensation to OW NI iItS for such additional damage. 2. if lequesled by OWNER,prior to heavy txluipmenl operations nn the wellsite,NA RCO's rep'eselllaliVe Will Med seal u,llaolt Willi OWNER(:r(N.('Nh:R's representative)as in the locntion oil he dr'Cnalle,access roads,nnwli Iles,lank batteries and other associated pl eel action Iacdll ies i. In conducting opera)ions on the LANDS,NA It CO shall A. Limit the size of each wellsite to approximately 300 feet by!Inn Peel doling any drilling, c°pIpleliou,,rei'(mgllel intt or workoverr operations and shrill be on us ire 111n, 1/4 sere ill sire during Mho periods. Tin area required for at tank battery location liSSOCiattel with each well shall he limit(al to imp iceman*no hnl foes;in nizc upon completion of construc•liou. Access roads shell be limited lo approximately 10 feel ill width diming dlilliml) completion,recompdcliun and workover up en dions. The. permanent access roils to the well head and tank hallmy location!Maltby II mihYI to IS feel hi width. R Separate fire toll soil at the time of exeavetiin of pi15 it,I lee the lop soil and sllh.Slnface soil he placer{back in proper order ac nearly as possible. ('. Reclaim the well,de as nearly as practicable to its original condition and if the kienlino is in pasture,reseed ik,location with naliVc.grasses. Weill bet pet mil lung,mule nillinll operations shall he completed within One months following drilling and subsequent related operations,unless NAR('O and ()WNW)nluhdally age re Io pose pnnraneat because of eu n)of of he, rnrlwdet al inlet 11. flu; Is best efforts to keep the well and battery sites fleet of weeds and debris • 11111111111111111III11111111111111111III111111111111I 3409051 08/03/2006 03.318 weld County, CO 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk&Recorder Page 3 of Weld • - 3409051-2006 (Doc Page 2) • • Surface Damage Agrcrmrnl. Erlleverrla 12-2".1"Well Pxgr 2 • 4. (}W N131t ag e•x to wail's the miuirnnn Ili'rly(hey wrillev nnbtC r(vpnirrant+nl rle:altbea iu flit: Nolicn I cite, provided by NARCI I in()WWI;It whorl i1 initially uavn noiir.•nl'ilx mMu1 In drill Ua the I AN 5. When the word"NAIt((V is used in Ihil;Agre(:nu'.nt,h 'JINN nLn m eal'lime succcsrwrc Neal axeiy,m:of Noll) A Mel'Call It eating tics('minnow_including,Intl nil [milled to is auployiev awl illiclua, among,afllllalns,ClllllrarloI ,4111M(MII a1'.I nl!:allll/nl purchascru (1. I-hi,e agreemcln shall be binding upon and inure in the Ia:nelil 'if he liens,ian:eessomi and aswiµna it Ibr gamic,.awl muly Ire inireilicd in Cnunlrl path AURId?U'TO AND AC(i III)AC(IV 1'lll UR1f•. I11tA(WIC rrii.N AIIUVI' OWNER(S): ( `. ') • RYde, a • '((. A I1Yr ,� "(._ 1p 5,.,�,. r- 1.. '✓ �p I laved I A\µMy C." 1.11 CI IJdem' SSA . r•) J_-1 l (1 LI- • I(n -es ot / ,/ ,�/ i 2 1.-�../„ Iis. iw 1.11 �/ A ier. fl�by / _. .. 1 n( I ;twiny .�' Itiehmd I. Pnl led; _... NI1111'11 .%fVI ERIC',AN 14 K44‘illl“'1;S('(11'11'XNV � //,-:'7/�:L::.. . It� ri ;Moh i w/y' Unua} II;N(lsin I Nmhnan iii i�}ii i�i1i�i�iw iniii►�i►i�iii tiiir iiii i►i� I" lII"0!ki(9 p!11 Steve Mol 13 Clerk let 7836. 00 Page 4 of 21 ;eld - 3409051-2006 (Doc Page 3) -- • • ADDENDUM IS ADDENDUM IS MADE PART OF AND NCORPORATED INTO THAT CERT SAME URFACE DAMAGE AGREEMENT BY AND BETWEEN NORTH AMERICAN RESOURCES COMPANY AND David and Cindy Lanky, lee Ridden, and Wad L. L WENCH AGREEMENT IS DATED THEISM DAY OF DECEMBER 2000. THE FOLLOWING ADDITIONAL TERNS AND CONDITIONS SHAH APPLY TO THE PARTIES REGARDING THE DRILLING OF THE ECHEVERRIA 12-2 WELL. 1. ALL FUTURE DRILLING, REC MPIETION OR OTHER WELL OPERATIONS RED THE ECIIEVERR1A 12-2 WELL BORE SHALL BE CONDUCTED WITHIN THE CONFINES OF THE PAD DESCRIBED N PARAGRAPH 113 A.OF THE SURFACE DAMAGE AGREEMENT. 2. ALL OPERATIONS CONDUCTED AFTER THE DIII.LING OF THE INITIAL TEST WEU„ SHALL BE COORDINATED WRH THE ABOVE NAMED SURFACE OWNERS TO MMOATE ANY IMPACT ON FUTURE FARMING ACTNITIES. IT IS THE INTENT OF THIS PARAGRAPH TO INSURE THAT FUTURE OPERATIONS ARE CONDUCTED DURING NON CROP SEASONS UNLESS OTHERWISE AGREED TO BY THE PARTIES SIGNATORY TO THIS AGREEMENT • AND ITS ADDENDUM. 3. All NEW TANKAGE SHALL BE CO - LOCATED WITH THE EXISTING TANK BATTERY. 4. WHEN AND IF THE PROPERTY DESCRIBED N THE OMGNAL AGREEMENT IS APPROVED FOR, AND DEVELOPED INTO RI3IDENTIAL.LOTS, AND AT THE EXPRESS REQUEST OF THE ABOVE NAMED SURF.ACE OWNERS, NORTIL AMERICAN RESOURCES SHALL CAUSE TI-E CONSTRUCTION OF A NN-IT FOOT (0"j N HEIGHT CHAIN LINK FENCE AROUND THE EXISTNG TALK BATTERY SITE. SAID FENCE SHAH INCLUDE IN ITS CONSTRUCTION VERTICAL SEAT MATERNAL WHICH WILL -,2 ,VISUAL BARRIER. /, i 3vp-ofDAI PEWEES.. . (..may RICHARD L PAREm - AMERICAN RESOURCES COMPANY • I11111111111ANNE1111111111111111111111IIININAIIIIIIII 3409051 08/03/2006 03:31P Weld County, CO 3 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder Page 5 of 2 Weld - 3409051-2006 (Doc Page 4) w • • • ADDENDUM • INCORPORATED TH5 ADDENDUM INTO i• MADE P-rye OF..AND INTO RAT CERTAIN AGREEMENT BY AND BETWEEN INORni SURFACE r i11C MPANY AND RLcCO Park* WHICH David mid Cindy o Lee TNEi5 E Y OF DECEMBER 2000.THE FOLLOWING ADDMONAL AND CONDITIONS SHALL THE REGARDING THE DRILLING OF THE ECHEVEMBA 12-2 WELL . 1. ALL FUTURE mamma RECOAMPIERON OR OTHER WELL OPERATIONS REGARDING THE ECHEVE A 12-2 WELL BORE SHALL BE CONDUCTED WITHIN THE CONRNES OF THE PAD DESCRIBED IN WARAGRAPH 13 A. OF THE SURFACE DAMAGE AGREEMENT. 2. ALL OPERATIONS CONDUCTED AFTER THE DRILLING OF THE INITIAL TEST WELL, SHALL BE COORDINATED WITH THE MOVE NAMED SURFACE OWNERS TO MITIGATE ANY IMPACT ON FUTURE FARMING nawnwS. IT IS THE INTENT OF THIS PARAGRAPH TO INSURE THAT FUTURE OPERATIONS ARE CONDUCTED DURING NON CROP SEASONS UNLESS OTHERWISE • AGREED TO BY THE PARTIES SIGNATORY TO THIS AGREEMENT AND RS ADDEtNDITIYI. 3. ALL NEW TANKAGE SHALL BE CO - IACATED WITH THE EXISTING TANK BATTERY. 4. WHEN AND F THE PROPERTY DESCRIBED IN THE ORIGINAL AGREEMENT 5 APPROVED FOR,AND DEVELOPED INTO RESIDENTIAL LOTS, AND AT THE EXPRESS REQUEST OF THE ABOVE NAMED SURFACE OWNERS, NORTH AMERIGW RESOURCES SHALL CAUSE THE CONSTRUCTION OF A EIGHT FOOT [Bi IN HEIGHT CHAIN LINO FENCE AROUND THE EXISTING TANK BATTERY SITE. SAID FENCE SHALL INCLUDE IN ITS CONSTRUCTION VERTICAL SLAT MATEMAL WHICH WILL BART L Rte__;. to DAVID LAWLEY af�3-of -o' CMID,Y Y.( RICHARD L. PAR*TTI AMERICAN RESOURCES COMPANY • 11111111111 11111 {111111 1111 III 11111 HI IIII 3409051 08/0312006 03:31P Weld County, I CO 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder Page 6 of Z Weld - 3409051-2006 (Doc Page 5) • . 1111111111111111 11111 IIIII 1111111 11111 III 11111 IIII 1111 • 3409051 06/03/2006 03:31P Weld County, CO 5 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder • North American P esources Company a PanCanadian cornpat ry Denver Office June 25.2001 Mr. Lec Petndes 9202 South Rockport Lane Ilighlands Ranch,CO 80126 Re: Surface Damages licheverria 412-2 well T2 N,R 67 W Sec.2:S W/4N W/4 Weld County,CO Dear Mr.Pctrides, • Enclosed please find North Am(rican Resources Company's check 41942 in the amount of$3,500.00 made out to Weld 45,LLC. This check represents the full and complete surface damage payment for t le drilling of the captioned well. The original check was made oc.to you and your family as individuals. Per the instructions or Danny Nelson,the encln:ed check is made out to the limited liability company that was formed to take title a this property. Thank you for your help in this natter. If you have any questions or comments, please call me at(303)839-3010 or sen I an c-mail to Robert_nram@ pcp.ca. Very truly yours, NORTH AMERICAN RESOURCES COMPANY Robert J.13ram Landman /rjb enclosure • 1 700 Broadway•Suite 2000 Denver.Colorado 80290•303-861-9183 Page 7 of 2 Dec 12 2004 s:ssan Weld - 3409051-2006 (Doc Pa p),3_683_8487 P-8 NORTH AMERICAN Restt1 10Es COMPAM 94 LEAS EAST A ACCOUNT I EAST rce Or BUTTE,MT SAC01 - - - -. el PAY Mm3une 25, 2Q01 2 NZ Weld 45 LLC Thtee-Three dollars and five—hundred dollars dhd itd/100 .�v 4. ►Iret tenk NOW —DQL�I11rtt�c�c= 719.14 m r+. +.rme c+fld" - rgrx a wm Bung,MT NM Fon [- ,e✓ere na'1)2 Z 5440,d4aaye5 P0019420 40929©0363i: 1562 & 679425X' 1 / s / i ( a •R tif) • 1111111111111111111111111111111111111111111111111111111 3409051 08/03/2006 03:31P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder • Page 8 of, Dec 12 2004 9:57RM Weld - 3409051-2006 (Doc Page 73_693_849? P, s • 111111111111 I I I I 11111 11111 I I I I I I I 11111 1111 3409051 08/03/2006 03:31P Weld County, CO 7 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder Echeverria 12-2 Location Township 2 North, Range 67 West, 6th P.M. Section 2: SW/4NW/4 Weld County, Colorado WCR 25 r l I MAIM I I a 1 I J 2180' FNL & I 460' FWL I I - I I 0 i I IP J p 1 U I I U x I I I I I I I I I I CM 1 Ilan 1000' Qltoti.>liMa 1O1I O0N • 100140 110 tingOOff 110188 l I11r00•c'i Mar • Page 9 of 2 eld - 3421616-2006 (Doc Page 1) • • i • w•u.uuuu 0 PZ • t #1048 w WI MONTT slur 1-MIN anrarawr — l Sol "' """""•••••• CHANGE OF ZONE MOOREA MANOR NORTH • •"""rte.=»... 4 :4"="1. + .3..�, -•„ -..-„,,, =,....7:7:-..?=..-=^ Being all of Lot B, Recorded Exemption No. 1311-02-2 RE-2812 1 =".t.1.=-71:-. *:'.'",.....`"--.""".-.,....� ".•`••'M N`-"` Situate in s portion of the South Half of the Northwest Quarter of Section 2. .7.•..�..�«.....-,...•�••• - •_ Township 2 North, Range 67 Weft of the 6th Principal Meridiem. + .•• 1••=.1.• .M4*MN..�+••T_��p••••• ^I.:V. County of Weld. State of Coloredo • Ifarmr ao7a-: m•'.•••••• r.. -,""4 w"••• 1 y mown oemirs CISTsrJnore t = .t-,--Lam--. �.p�;,........ 1 +I _ , .......+“...... fell (7,, .._-. i MAWS allannir-uQIilna9 ct.; 1.., molt NOM -...._ww.....w.4444.. ao4=4.,.....,,....= - w..1.._....,.....w.-.w-._4444_44_44.44........�..��.,.-�........4 /AM wmewn atMmrMnaT 4esllOltc '.• .. -"_:��= .."M ......- k--,/T a' •. ..•. ;": �. .�....•. __ "t «1:f:;44.44 albl6l. 444• - _ - ~mum mmom :P•rY-:•a �••-. •••...•*�•�..�•a.._....t....•.__l �..,.-_44»4••4 • """�'..r .r'S='G..•., 4:•. -— = -:rya:. - ...__ '=............=•==i'-'...�.....r. ..�- .+:.. 4444 _ SHEET I OF 2 =7;»-••• • - - .��_..444,4-. - -_ CHANGE OF ZONE PZ #1048 +• � •_—_ "" _'- _••�•-_ s[Cf1=N e.Telnismr 2 wart0,20-09 07-air. ..LYE.: —.-.-..._--..• •........___....,_-.-...•-•...••...-.--••4444.- ATE PAL.ISID COUNTY.COLORADO arr......r.....�.-.�.-...r....r.....-..+.....w-.•-�..+.._.�............�._•--�^^ 10LIR 19 aMA Ab Mr)1•111-76.11444grilig4..•._-.....__� c arww .NOW.n nr.- W Page 1 of iiiild - 3421616-2006 (Doc Page 2) 0 • .tMi lUruwre PZ #1048 f�' _ • CHANGE OF ZONE MOOREA MANOR NORTH + -1- Being all of Lot A Recorded Exemption No. 1311-02-2 RE-2812 C Situate in • portion of the South Half of the No.thweet Quarter of Section 2. i 1 Ig Township 2 North, Rante 67 Wert of the 6th Pr,00ipol Meridian. ' , I paw I as yM , f County of Weld, State of Colorado I �'w ..V r , - it --�wia�'P-a--Er 4i.„ i Y till a�.�S�` OI��1Mu• tOT 4 1 �jy�lila �.':tT _ el c men, 11. V� i {A\-. i 4-.L.; 131 i , _ t x •�,,• ;; I !'I M w .. `,�"-17 X11 , r _ `� ice.$ -..t_-_,._1 f -� -- --IF— T—/1r_�4--1 , • ; $ '�; // mow"""` " ..r.�iil'4 _" I ' ,tom, 11 11 II I I I r -, am ,-1, —Ii\lr, rr. II ..--I-- t I Ili l 1 1 I I „ oat a IR t .` , I �� "• 1 a.. II 11 11 - • I I r\ 1 1 'I I I I I \ ` 11 II 11 I I i _ I a'-.."'. i • w :�wi e, SHEET 2 OF 2 aimdr.A/M sNw vuam �a�..a —""; .,o•...,,e ..u.. 1,.: pw a m CHANGE OF ZONE PZ #1048 ..� a"' BB . �','{�J;n�•} ffiTiD0 L,>otwlal►2 worts.same a>wm, �.. `' STH P.N.,* COUNTY,COLORADO F. --A-14:....ae. • u,0!R rn a,m r, ...w ... iF ws ...e.,. , . ..•••••ea 4.r MISUwe argac41114 ..--,.� 44.4....:17...............�• Lomax mantra stars .142-149,5 Page 2 of Eield - 3381125-2006 (Doc Page 1) • • 125 I 1 1 1 1 11111111111111111111111 I I 11111111 I I 11111 NMI I I ill 3381125 06121!2006 01:20P Weld County,CO 1 0l 3 R 16.00 0 0.00 Steve Moreno Clerk&Recorder • REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT STATE OF COLORADO ) ) COUNTY OF WELD ) EnCana Oil& Gas(USA) Inc.(EnCana) is a Mineral Estate Owner or owns the right to occupy, make use of the surface and develop the minerals of the Mineral Estate Owner,underlying the following described lands located in WELD County,Colorado,as more particularly described in the leases shown on Exhibit"A"and the parcels shown on Exhibit"B"as they pertain to the leases listed on Exhibit"A", attached hereto and made a part hereof(the"Subject Lands"),to-wit: Township T2N,Ranee R67W Section 2 Pursuant to C.R.S. Section 24-65.5-103(3), EnCana hereby requests written notification of any and all Applications for Development(as defined in C.R.S. 24-65-102(2))and all other proposed surface development activities on the Subject Lands in accordance with C.R.S.24-65.5-101 et seq. Such notices should be sent to the following address: EnCana Oil&Gas(USA)Inc. 37017"'Street,Suite 1700 Deliver,CO 80202 Attention: DJ Land department • EXECUTED this 15th day of February,2006. ENCANA OIL&GAS(USA)INC. L-414,1R. A Byron Gale Attorney in Fact STATE OF COLORADO ) ) ss CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 151h day of February 2006, by Byron R.Gale as Attorney in Fact for EnCana Oil&Glas�USA In . /nom,_,(,/. WITNESS my hand and official seal. ,r( WITNESS , ay " / Notary Public J My Commission exy c8:r P- `` 07 .`isf ar r. • -mt .,� . et 1: •A% UB LIC Page 22 of eld - 3381125-2006 (Doc Page 2) 1111101 IIIIIIIIII1111111 II 111111111111111liiIIIII 0 3381125 04/21(2006 01:20P Weld County, CO w 2 of 3 R 16.00 0 0.00 Steve Moreno Clerk&Recorder F a 00 0 0 0 0 0 • 6. W .1 F q 0q c o W�0 U 3 3 3 O N 4J0 Z� N EICC b w w s U U H m a a o G vi tri O O O N P P a o a.14• a.41 F O 41 C ri o U U U < U N z16 4X1 W W X Z • iy H J m V co Vi VNi b b 6 N Q ��Cii 4411 _ 0 `n a U ..1 .w.l X N 4 � as o z 3 3 o v1 F w 3 4. V o 3z 3z 3 = .6 3002 3 Z 0 °! eh 600 \CaH 6a � zya a O N a N ai N U Ni N U K N K ZU ryZU ryZU < ZU3 ryryzUy v rl F Vi P V) !^ N H P N Z H N a g do O. qN m 1i on or 1 ��., o .N-. v) T N O z h h h r- h QQ) Ow N W V1• 0 < a o w(X o W to b U T V W 8 N N or v) N b b a b `O C CO Q z _ O O N O • pw y F 0, a 0' a rn LYn W a h oo n o , Q V V .D ro V w K C tra t co o 0 0 e U U W W w to zQ z 0 0 co a 41 41 C 0 41 41 a a CO 00 w y 4., so to N E w E - x m u a CO H H rS X a co 3 wd a 2 on 2' v L a U. U 0 N a a E C a H U F W J w H \ m 5 .] H 1 O F aai g o q C )n C 00 0 4 0rl zzz } 61 Lo as Ul .w.1 a. 7 S • z N 0 00 0 O O O, O en ni w O O < O O nt 0 0 b b 9 b0 • Page 23 of aeld - 3381125-2006 (Doc Page 3) _ EXHI I "kr, Identify Results Attache Page 1 of 1 eto and made a part hereof that certain . Request for Notification of Surface Development dated February 15.2006. Multiple Results: • Parcel# Owners Name 131102000005 WELD 45 ACRE LLC 131102000007UNITED POWER INC I I"fIl "I" VIII II"I IIIIII' III Hill III I'I" IIII I"I 131102000008K1Y0TA 8KIYOTA HENRY&MAYRENE 131102000009 WELD 45 ACRE LLC 131102000010PUBLIC SERVICE CO OFCOLO 3381125 04/21/2006 01:20? Weld County, CO 131102000012DUNIGAN MICHAEL K 3 of 3 R 16.00 0 0.00 Steve Moreno Clerk& Recorder 131102000014MULLENAX MARK D& 131102000015PANCOST LARRY& 131102000016HEIN RICHARD 131102000017HEIN RICHARD 131102000020KANZLER DONALD E&SHIRLEY ANN 131102000021WITTEMEYER NANCY J TRUSTEE 131102000022KIY0TA JOHN H&DAISY F 131102000031ECHEVERRIA JIM &CANDICE 1/2 INT& 1311Q.2.000073FUXA THOMAS]JR&EVELYN MAGDALENE 101102Q00080RUBBA DENNIS W&KRISTINE E 131102000082DEVER DARREL A&JILL A 131102300084KIYOTA JOHN H&DAISY F 131107700008SPERL ANTON F 131102200009SPERL ANTON F 131102201001KLEN STEVE& 13110220100ZKLEN STEVE& 131102201003KLEN STEVE& 13.202201004ZAHN JOHN H& 131102201005GU1TENSTEIN LORI 1311022Q1001KLEN STEVE& 131102201007KLEN STEVE& • • http://maps.merrick.com/Website/We1d/setSQL.asp?cmd=search&LUI=PIN&part=131102 02/06/2006 Page 24 of: 07/13/2006 17:10 97074r . 3409049-2006_(Doc Page_1) PAGE 01 '1/4,\-14,24 • Right of Way Agreement • 049 FOR AND IN CONSIDERATION OF THE SUM OF u#no O4 7hatl4i/the receipt of which ik hereby acknowledged, II&MOM Dl'I ' `2111417 ,acting by and through the undersigned Parties v hereto,hereinafter called"Grantor",hereby grants to 21 hire/ LLC , its successors and assignces,hereinafter called"Grantee",a right- of-way tO constuct,maintain,acro' operate,replace,add,change or remove far (OM 8 lkelt✓ofG s a 6$ (hereinafterhereinaftersss and through the LtPvA !)O�v? �i referred to as the"Irrigation Ditch"),loated in Weld County in the State of Colorado, Se QL L , ,at the points shown on the plat attached hereto,marked Exhibit A and made a part hereof,together with the tight of ingress and egress to and r from said tr0 C for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted by this Agreement. • THIS GRANT of a right-of-way is subject to the following terms and conditions; I. Grantee shall pay to Grantor n the sum of '7f gee !fort Ayak, or each 6B 40 Avg( Grit 6 J u�►�i ' ('# g of the Irrigation Ditch. If Grantee disturbs the Irrigation Ditch,the soil will be immediately replaced by Grantee in six(4)one-inch(1")layers and each layer shall be tamped. Any crossing ditches shall be a minimum of four Feet(4')deep from the bottom of the Ditch. j. Grantee shall be liable to Grantor for any and all damage to the Irrigation Ditch resulting from construction,operation or any other activities of Grantee. 4. Grantor shall not be liable for damage to any of Grantee's pipeline or other structures located on or near the Ditch,resulting from the cleaning,maintenance or operation of the Ditch,or any AIM 11111 131111111111 11111111111111 ill!!fill till • 3409049 08/03/2006 03:31P Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder Page 25 of 07/13/2006 17:10 9707 eId - 3409049-2006 (Doc Page 2) -- PAGE o^ • • other activities by Grantor or its assigns. [film Irrigation Ditch fails as a result of the Grantee's crossing thereof with its 60 '91/ ,Grantee shall immediately repair the Irrigation Ditch at its own expense and shall be responsible to the Ditch Company and its stockholders,for any and all damages resulting from said failure. b. The authorized routes of the Grantee's crossing are shown on the plat attached hereto as Exhibit A_ IT IS AGREED that any payment due hereunder may be made directly to Grantor. The terms, provisibns and conditions of the Agreement shall be binding upon and shall inure to the benefit of the Panics'hereto,their heirs,executors,administrators,successors� /and assigns and legal representatives. EXECUTED THIS g day of 1(4 all 2006 • (Remainder of page intentionally left blank.) I11111111111III111111!11111ENE 11111 III 11111 III!III! 3409049 08/03/2006 03:31P Weld County, CO 2 of 3 R 16.00 0 0.00 Steve Moreno Clerk& Recorder • Page 26 of *Id - 3409049-2006 (Doc Page 3) —_ • • I1111111111111111 I I I I 111111111111111111 I I 1111111111111 3409049 08/03/2006 03:31P Weld County, CO • 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder GRANTOR: By: Il l }e Li Tide STATE OF COLORADO ) COUNTY OF en v€a2.- )ss. • The foregoing instrument was acknowledged before mew. day of *Kaimay -st,DRA-A'(1il490 A� as of ('.n \O 1--Pro O . Witness my hand and official seal. � j� My commission expires: 4/ 717-eels . /, ," (SEAL) Notary blic u// SANDRA A_ PRODAN NOTARY PUBLIC • STATE OS COLORADO *CormisaonEmmy .1 JLi i.o p(i By: QAY' 'e S 7 Title : MAtta retLuc STATE OF COLORADO ) )ss_ COUNTY OF Q,h,,t)PA The foregoing instrument was acknowledged before a this day of Litters, by S ORS �(- Otto 7r4 as CDt0/tile of Witness my hand and official seai My commission expires: W2,14)41 (SEAL) (371,441 !/n// Notary Public SANDRA A.PROOiAN NOTARY PUNA STATE OF COLORADO #SA"'"i4'""F'p"r 1 riI L. • • Page 27 of 2 eld - 3409048-2006 (Doc Page 1)• ' 11111111111111111 I 11111111111111111111111111111111111 • 3409048 08/03/2006 03:31P Weld County, CO 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder 048 Easement Agreement This Easement Agreement is between the Lupton Bottom Ditch Company,a Colorado mutual ditch company,whose current office is located at 11016 Weld County Road 23, Ft Lupton CO, 80621 (the "Ditch Company") and Weld qr Aar 1,1C with a current address of 9202 Sittig kockpcf Last I/i4/'za Ma a ice r0/Z6 (the"Landowner"),and is upon the following terms: 1. Landowner represents that it is the owner of all the property known as Moorea Manor North,the legal description of which is attached hereto as Exhibit A(the"Subdivision"). The Ditch Company owns and operates a Ditch,known as the Lupton Bottom Ditch("Ditch"). The Ditch runs north from the south property line to the north property line of the Subdivision,as approximately shown on Exhibit A. 2. Landowner desires to obtain approval of the Ditch Company for certain matters "required by the Weld County, Colorado,Board of County Commissioners relating to the conditional approval of the Subdivision". The Ditch Company's interests will be benefited by confirmation of the existing easement in writing and by the granting of its approval through the terms and conditions of this Easement Agreement. Therefore,the Parties acknowledge that valuable consideration exists for this Easement Agreement among the Parties. 3. It is agreed that the Ditch Company has an casement for the Ditch, its appurtenant facilities and structures,which are located within a 60-foot easement,30 feet from each side of the Ditch • centerline. Landowner recognizes and confirms said ownership of the Ditch Company. 4. Landowner hereby grants and confirms to the Ditch Company an exclusive easement for the Ditch,and its appurtenant facilities,together with rights of ingress and egress for Ditch Company purposes over any part of the easement. The easement shall be shown on the plat of the Subdivision. The easement is for,but not limited to,the maintenance, operation,use,repair,reconstruction, replacement,inspection,construction of the Ditch and Ditch system of the Ditch Company,and any practice that may be required in the future to operate the Ditch and Ditch system,together with its appurtenant facilities, and includes the right to clean by mechanical, chemical or burning the Ditch and Ditch system,the right to deposit earth and,other materials on the easement, and the right to change the location of the Ditch within the easement. 5. Landowner grants to the Ditch Company the full and exclusive right and authority to cut, trim, remove, destroy or modify any trees,shrubs,grasses,.structures,fences or other items within the easement or causing a hazard within the easement. Landowner will not plant,place or maintain any trees, shrubs,grasses, structures,fences or other items within the easement,nor shall Landowner plant, place or maintain any trees, shrubs,grasses, structures,fences or other items in such a manner as to cause harm or impede the access to the Ditch or operations of the Ditch Company within the easement. 6. Landowner recognizes and acknowledges the Ditch Company's exclusive right of use of the Ditch and related easement and structures, and the exclusive right to exclude others from the Ditch and related easement and structures. • • Page 1 of eld - 3409048-2006 (Doc Page 2) 111111 111111111111111 11111111 111111111111111111 • 3409048 08/03/2006 03:31P Weld County, CO 2 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder • 7. Landowner represents and warrants that Landowner is, on the date of execution of this Easement Agreement,the sole owner of the Subdivision. Landowner may have lien(s)against the Subdivision,and Landowner will obtain the written consent and acceptance of all lien holders by signature on this Easement Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lien holders shall cause Landowner to be in default under this Easement Agreement. 8. All earthmoving or other activities on the property undertaken by the Landowner, will not expose underground water to the surface or cause to increase seepage from the Ditch. Landowner shall immediately correct any such problem to the Ditch Company's satisfaction, at the Landowner's sole expense,and reimburse the Ditch Company for any material injury to any of the Ditch Company's or shareholders' interests, including but not limited to water rights, structures or the Ditch itself. 9. Landowner shall not cause,permit or suffer any hazardous material,pollutant or other foreign material to be deposited or discharged into the Ditch or the water carried in the Ditch. Landowner will immediately notify the appropriate governmental agencies and the Ditch Company of any potential or actual such deposit or discharge by any person. Landowner agrees to pay for the entire clean up of any substance which Landowner,it agents,successors or assigns,cause to be deposited or discharged into the Ditch. 10. The Ditch Company has no obligation to accept or carry any storm water or wastewater in its Ditch. 11. Landowner hereby specifically waives all known or unknown claims, damages,rights of • indemnity,rights of contribution or other rights of any kind or nature for claims,damages,actions, judgments or executions that have arisen or may arise out of the maintenance, operation or use of the Ditch Company's Ditch and easement, including,but not limited to: seepage from the Ditch; flooding due to overflow or breach of the Ditch;washing or erosion of the Ditch bank; cleaning of the Ditch and easement by burning or chemical means;and excavation of the Ditch and storage of residue. Landowner hereby agrees to indemnify the Ditch Company, its directors,officers, employees and stockholders against any loss from any claims,demands or actions that may hereafter be brought against any of them as a consequence of this Easement Agreement or concerning any of the provisions of this Easement Agreement. 12. In any action brought by the Ditch Company to enforce the_provisions hereof,whether legal or equitable, and/or in any action involving the Ditch Company and Landowner,whether to enforce the provisions of this Easement Agreement or otherwise,the Ditch Company shall be entitled to collect from Landowner any related expenses,attorneys'fees and costs. Venue for all actions shall be in the State of Colorado. The Ditch Company shall be entitled to all legal and equitable remedies available. 13. The provisions hereof shall be deemed independent and severable,and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof,provided that the primary purposes of this Easement Agreement remain viable. 14. The terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Parties. The provisions hereof shall constitute covenants • Page 2 of eld - 3409048-2006 (Doc Page 3) _ 11111111111111111111111111! 11111111111111 NI!III 3409048 08/03/2006 03:31P Weld County, CO 3 of 5 R 26.00 0 0.00 Steve Moreno Clerk& Recorder • running with the land,burdening and benefiting each and every part of the properties and every interest therein. In addition,the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. This Facement Agreement affects the property and title of the Subdivision, and this Easement Agreement shall be immediately recorded in the real property records of Weld County, Colorado at the expense of Landowner,and after recording, the terms, conditions and covenants of this Easement Agreement shall become a covenant running with the land of the Subdivision. This Easement Agreement shall constitute a benefit and burden on the Subdivision and this Easement Agreement shall be enforceable by the Ditch Company and/or any or all of its stockholders. 15. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. 16. Whenever used in this Easement Agreement,the singular shall include the plural,the plural the singular, and the use of any gender shall include all genders. 17. This Easement Agreement may be signed in counterparts. The Parties' signatures may be evidenced by facsimile. 18.This Easement Agreement shall be construed under the laws of the State of Colorado. 19.Landowner agrees to the following, and the following notes shall be inserted by Landowner onto the • Subdivision plat: A. Part of the property is located directly below the Ditch of the Lupton Bottom Ditch Company and may be subject to underground water levels that may restrict the proposed new use of the property. B. The Ditch Company has the authority to cut and remove trees within its easement and it is acknowledged by the owners of the property in the Subdivision that the Ditch Company may at any time, remove any and all such trees on the property. The owners of the property in the Subdivision acknowledge that the property owners and successor owners may not plant or otherwise landscape the Ditch easement. The Ditch Company also has the authority to install and maintain roads along the Ditch banks. C. The property owners may not place any fence,gate, structure or obstruction whatsoever within the easement, and particularly across the easement that in any way affects access to, or operation of,the Ditch or easement. Any fences approved by the Ditch Company along the Ditch easement must be fireproof and stock-proof to prevent damage by humans and livestock and other sources to the ditch. Permanent "No Trespassing" signs must be placed and maintained at every boundary and crossing point and every seventy-five feet(75') along both sides of the easement at Landowners expense. Landowner shall be responsible for the maintenance of said signs. D. The property owners acknowledge and understand that there may be subsurface waters that arise in the area of this property and that there maybe periods of time when,due to water flowing within the Ditch system and otherwise,that portions of the property receive significant amounts of • Page 3o'' 05/28/2004 11-:42 30375eld - 3409048-2006 SDoc Page 4)' -- — • ., rtat .r+� 111 PAVE 01 1 111111 1111111111111 11111 1111111 11111 111111111111B III!1111 3409046 06/03/2006 03:31P Weld County, CO 4 of 5 R 26.00 0 0.00 Steve Moreno Clerk& Recorder • subsurface water that muyhe very near to the surface, or milityrf certain portions of the c resides con the surface. enti ll this unavailable. the The Ditch Company has no obligati for construction of structures could potentially be unavailable. The Ditch p• The ob Co plans to alter its operations to limit drreduce this surface and to subsurface Company is not responsible fur any damages that occur to the property maintenance or operation of the Ditch. P party due Ditch Company:the pniprrty owners acknowledge that except as specifically authorized in writing by the Company: I)No hunting,swimming,tubing,jet siding, boating,canoeing, livestock graving or watering, or other u e of the casement,Ditch or water in the Ditch is allowed;2)No dumping oftefuoe, including hut not limited to hottsehold garbage.waste materials,grass clippings,tree and shrub pruning,s, motor oil,chemicals,pesticides or herbicides is allowed; 3)No pumps for lawn or ooh rirrii ation are allowed in the.Ditch;4)No use of the Ditch easement for hiking, biking, horseback, motorcycle,off road vehicles or other motorized or non-motorized vehicle shall he allowed or end 5)the Ditch Company,in Its sole discrctiutt,has the right to allow or prohibit any activity affecting the Ditch,water catcied in the Ditch or related intermits. Such authorization of activities shall be approved in writing by the Ditch Company, prior to controuneement of said activities,and such authorization may be revoked at any time, for any reason with no penalty to the Ditch Company. F. No crossings of the Ditch are permitted without the prior written consent of the Ditch Company, and compliance with the rules, fees,regulations and requirements of the Ditch Company, which may change from time to time in the sole diseretion of the Ditch Company. 0. The Ditch Company is not responsible(brainy overflow,{mderflow, flooding,seepage many other unreasonable condition of the Ditch that re sults.from natural conditions. • TN W riNitss W1 EREOF,the panics hereto have executed this Easement and Agreement this 5 day of __. 2004. THE LUPTON BOTTOM DITCH COMPANY: By: P IDl • • Attest: • SL'( ETAIt (') NE:ILS. pores Manor North) -- Ui CSUQ 4-5 Ac QC the S-24 "Lk tA Printed j V 4 ltt"wWnc tile • bO'd O6Lt 262 046 -�u2 Out-.aeau 6u F 6' weak tr94:S0 b0-8L-4¢W Page 4 of 05/28/2004 11:42 30375eId - 3409048-2006 (Doc Page 5)• PAGE 02 • III{III IIIII lit IIIIIII III III • 3409048 08/03/2006 03:31P Weld County, CO 5 0l 5 R 26.00 D 0.00 Steve Moreno Clerk 8t Recorder STATE OF COLORADO ) • COUNTY O1'WELD )ss. The foregoing instrvmutt was acknowledged bclbre me this Z day or. 04%1 2004 by —as— • Witness my hand and official scal. My cnmmission ex$rcs:.. -_ 9 F11) a-Op(, / tCe • SANDRA A. PRODAN // (S : TARY PUBLIC Not • Wivetttrrr�� Snit OF COLORADO W-a tQ Ataa , u-c Signature Printed Nmnc Title STATE OF COLORADO ) COUNTY OF RI.D ) W • The foregoing instrument was acknowkxlged before me this day or 2004 by as- • W itm ss my hand and official scat. ' My commission expires: (SEAL.) Notary Public • SCI'd • 06cr Z172 OL6 -Du 6u ..�siau46u3 wee I � 1 V99:SO bO-9C-TEW • Page 5 of �eld - 3409050-2006 (Doc Page 1) • 1 NLL�\DDIII 1111 11111 11111 EnP 11111 Ill 11d County, 111 1111 1111 Recorder • 3409050 00/ O 0312006 of 12 R 61.00 0.00 3: Steve Moreno WATER LINE AND ROAD COST-SHARING AGREEMENT 050 "Agreement") is made and entered into this day of THIS AGREEMENT ("A g r9 C..$)W'C--, 2002, by and between Steve Klen and Lori Guttenstein, whose address is 6909 Shannon Court, Loveland, Colorado 80538, and who shall hereinafter be referred to jointly as "K/G," and Lee Petrides, whose address is 9202 South Rockport Lane, Highlands Ranch, Colorado 80126; David Lawley and Cindy Lawley, whose address is 15 Maple Drive, P. O. Box 107, Fredrick, Colorado 80530;Richard L. Parietti, whose address is 1609 East Phillips Avenue, Littleton, Colorado 80122; and Weld 45 Acre LLC,the address of which is 9202 South Rockport Lane, Highlands Ranch, Colorado 80126, who shall hereinafter be referred to collectively as "LLC" RECITALS • A. TUG are the owners of a certain parcel of undeveloped real property located in the County of Weld, State of Colorado, and described as a parcel of land being part of the West 1/2 of Section 2, Township 2 North, Range 67 West of the Principal Meridian, Weld County, Colorado, and being more particularly described as Lot A of Recorded Exemption No. 1311-02- 2-RE2812. Said property will hereinafter be referred to as"Moorea Manor" B. LLC are the owners of undeveloped parcels located in the County of Weld, State of Colorado, legally described as a parcel of land being part of the South 1/2 of the Northwest 1/4 of Section 2, Township 2 North, Range 67 West of the Principal Meridian, Weld County, Colorado, and being more particularly described as Lot B of Recorded Exemption RE2812. Said property will hereinafter be referred to as the"LLC Property" C. lUG have submitted a request to the Weld County Planning Department to subdivide Moorea Manor into six lots ranging in size from 9.909 acres to 4.293 acres as shown • Page 10 of 2 { aid - 3409050-2006 (Doc Page 2) 111111111111111111111111111 1I IIIII III IIIII IIII IIII • 3409050 08/03/2006 03:31P Weld County, CO 2 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder • on the Minor Subdivision Sketch Plan for Moorea Manor prepared by Team Engineering, Inc. and dated 8/30/01 ("Sketch Plan"). D. As shown on the Sketch Plan, the LLC Property is adjacent to and immediately north of Moorea Manor. E. LLC intend to subdivide the LLC Property and have submitted a request to Weld County Planning Department to subdivide the LLC Property. F. The development of Moorea Manor and/or the LLC Property will require the construction of an extension of a water main line and the construction of a private access road/drive from Weld County Road 26, which will benefit both Moorea Manor and the LLC Property. G. The parties hereto desire to set forth and define the terms and conditions for • payment and discharge of their respective obligations with respect to the installation and construction of the certain water main line extension and private access road/drive described below. NOW, THEREFORE, for and in consideration of the promises herein contained, the mutual benefits to be derived therefrom and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. Water Line Extension. A. Construction. K/G shall dedicate or convey such rights-of-way as may be required by Central Weld County Water District, hereinafter referred to as the "District," for the construction of an extension of a 10 inch water main line, hereinafter referred to as the "Water Line Extension." The Water Line Extension will generally run south from Weld County Road • 2 Page 11 of ild - 3409050-2006 (Doc Page 3)• —� —'-- 1111111111111111111111111111111111111111111111111111 3409050 08/03/2006 03:31P Weld County, CO 3 of 12 R 61.00 0 0.00 Steve Moreno Clerk 8 Recorder • 26 to the north boundary line of Moorea Manor and then west to the cul-de-sac shown on the Sketch Plan. The Water Line Extension will provide for two fire hydrants that will be located on the road/drive referred to below as Harpenden Lane. K/G shall be responsible for arranging for the construction of the Water Line Extension by the District. It is anticipated that construction will begin within a reasonable time after K/G receive final approval of the minor subdivision request for Moorea Manor, subject to contractor, material and labor availability; weather; the District's requirements; and other factors not reasonably within the control of K/G. B. Cost Allocation. K/G and LLC agree to share all costs for the design, engineering and construction of the Water Main Extension, fifty percent (50%) to K/G and fifty percent (50%)to LLC. The parties acknowledge that on May 14, 2002, K/G entered into Water Main Extension Contract #1 with the District for the construction and installation of the Water Main Extension, a copy of which contract is attached to this Agreement as Exhibit A and which • shall hereinafter be referred to as the"Contract." Pursuant to the Contract, the District estimates the cost to design, engineer and construct the Water Main Extension will be Ninety-seven Thousand Nine Hundred Six & 05/100 Dollars ($97,906.05), including labor, installation, fees and other costs directly applicable to the construction of the Water Main Extension. Said estimated costs shall hereinafter be referred to as the "Contract Estimated Costs." The Contract Estimated Costs are for the Water Main Extension only and do not include any required tap fees. The parties recognize that they will be required to purchase water taps at a later date dependent upon available capacity. C. Reimbursement by LLC to 1C/G. LLC recognize and acknowledge that K/G have prepaid the District the Contract Estimated Costs. LLC agrees to reimburse K/G one-half of the Contract Estimated Costs or one-half of the actual costs to the extent the actual costs are • 3 Page 12 of 2 �(eld - 3409050-2006 (Doc Page 4) 111111 VIII 11111 11111 VIII 111111I 11111 III 11111 IIII IIII 3409050 08/03/2006 03:31P Weld County, CO 4 of 12 R 61.00 D 0.00 Steve Moreno Clerk& Recorder• greater than or less than the Contract Estimated Costs, hereinafter referred to as the "Water Main Reimbursement." Payment of the Water Main Reimbursement by LLC shall be made prior to any use by LLC of the Water Main Extension. LLC acknowledge and agree that they shall have no right to tap into, connect to or otherwise use the Water Main Extension until they have fully paid the Water Main Reimbursement to K/G. The parties acknowledge and agree that the Contract Estimated Costs and the Water Main Reimbursement do not include any costs for the construction or installation of lateral lines running from the Water Main Extension to supply water to any lot within Moorea Manor or the LLC Property. Any costs to install any lateral to or from the Water Main Extension shall be the sole responsibility of; and be paid for solely by: (1) K/G for any lateral connecting to any lot in Moorea Manor, and (2) LLC for any lateral connecting to any lot on or any portion of the LLC Property. 2. Road Improvement. • A. Construction. A private road/drive ending in a cul-de-sac shall be constructed along the northerly boundary of a portion of Moorea Manor as shown on the Sketch Plan and may be named Harpenden Lane. Said private road/drive shall hereinafter be referred to as "Harpenden Lane." K/G shall be responsible for the construction of Harpenden Lane and in their sole discretion shall control the manner and timing of the construction, except as follows: Harpenden Lane will be constructed of packed road base and will satisfy current Weld County standards for the construction of a private road/drive. B. Cost Allocation. K/G and LLC agree to share all costs for the design, engineering and construction of Harpenden Lane, fifty percent (50%) to K/G and fifty percent (50%) to LLC. It is currently estimated that the design, engineering and construction costs to i4 Page 13 of Hello