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Home My WebLink About20082660.tiff t lay"£':₹+l u_:'ice k3+a•Y3"..MP'.?tis a ..c ..r:.::.ws ..-. vura u.._.. _-.. ..e..v.....aw.�.s.A.�...—..m �.—, - I ecop �x Recorded wc Ce`f��... o'clock t' m F B f Q 16175 , • 4'Ww Rec. tvo. �DJVlJr'� & 5'Idue k., tiowdel s.1 EXECUTORS' DEED I -I THIS DEED, Made this 15th day of January, 1975, between WILBERT BENSON and ROY BENSON, of Greeley, ti '� ` ' Colorado, as CO-EXECUTORS UNDER THE LAST WILL . and TESTAMENT OF ALVIDA B. BENSON, DECEASED, I gsc ; of the first part; and I x FRANK STANLEY DAVIS and BARNARD HOUTCHENS, as CO-PERSONAL a REPRESENTATIVES OF THE ESTATE OF ROBERT S. DAVIS, DECEASED, i of the second part, WITNESSETH: a << WHEREAS, Alvida B. Benson by her Last Will and Testament , dated January 3, 1957, and probated October 16, 1973, nominated and appointed £' her two sons, Wilbert Benson and Roy Benson as Co-Executors of her Last a ' "_.`' Will and Testament; ando WHEREAS, the Court by amended Letters Testamentary constituted and AQ appointed the said Wilbert Benson and Roy Benson to be Co-Executors of "' the Estate of the said Alvida B. Benson, Deceased, with all powers o accorded fiduciaries under the Colorado Fiduciaries' Powers Act (Arti- o cle 15-1-801 C.R.S. 1973) as evidenced by certified copy of amended n. Letters Testamentary; and L^ y,jt 0 7' . WHEREAS, this Deed is delivered in compliance with Offer and 74 Acceptance Contract entered into by and between Wilbert Benson and Roy ca w ,' '> Benson, Co-Executors of the Estate of Alvida B. Benson, Deceased, and ate ; Robert S. Davis dated November 4, 1974, and that said parties of the first part, for and in consideration of the sum of NINETEEN THOUSAND 1�,. ONE HUNDRED SIXTY-ONE and 60/100 DOLLARS y ,, r to the said parties of the first part in hand paid by the said parties of the second part , receipt of which is hereby confessed and acknowledged, have granted, bargained, sold and conveyed and by these presents do • r;; rant bargain, sell, convey and confirm unto said <t grant , g , parties of the second • part, as Co-Personal Representatives of the Estate of Robert S. Davis, Deceased, and assigns, all the right , title, interest and estate which Alvida B. Benson, at the time of her death, had in and to: All that part of the E'4 of the 5E'k of Section 2, Township 5 P North, Range 65 West of the 6th P.M. , WELD County, Colorado, lying South of State Highway #263 as presently constructed, t .j' being more particularly described as follows: Beginning at the Southeast Corner of said Section 2, and considering the East line of the Southeast Quarter (SE%a) of said Section 2, as bear- x;;„` ing North 01°05'46" East, with all other bearings contained herein relative thereto; thence North 01°05'46" East, along the n' .•: East line of the Southeast Quarter (SEK ) of said Section 2, 1429.39 feet to a point on the South right-of-way line of Colo- rado State Highway #263; thence South 60°39'19" West, along said South right-of-way line, 1535,88 feet; thence South 01°02' 52" West, 672.04 feet to the South line of the Southeast Quarter (SE%) of said Section 2; thence South 89048'16" East, along the South line of the Southeast Quarter (SF4) of said Section 2, 1323,77 feet to the Southeast corner of said Section 2, said point being the Point of Beginning; said described parcel of land contains 31.936 acres, more or less; with all its appurtenances, subject to the 1975 taxes, payable in 1976. IN WITNESS WHEREOF, the said parties of the first part, as Co- Executors of the Estate of Alvida B. Benson, Deceased, have hereunto set their hands and seals the day and year first above written. State Documentary Fee ��.1/in 7 L (SEAL) - FEB 101975 WWWilbertenson S..�... Qt._.. .e?, A t-fl2,r, (SEAL) Hoy Benson, as Co-Executors of the STATE W..GDLORADO ) Estate of Alvida B. Benson, Deceased C0UN 1OTWELH.,, ) ss: V • e' fo egoing instrument was acknowledged before me this /t9 42( dags"fi , 1975, by WILBERT BENSON and ROY BENSON, a' s Co- Exee9t' be tate of Alvida B. Benst;,t, Deceased. ' t W�,1,,,t,he s:my Band and Official seal. fit r cA o lion expires: i/71A %Ca :07; .(9',7Y' otary Public. // 2008-2660 ed . ,,,cztt:. to 9-,?8-:41108 LEO ? . ; . , • ?SF 9 nuo.af e, c'_.__.--O .._ratIG- ._JO_-_DEC 3019/$ r,-> _.1"/0'7636 ... /• ::;•� ;� PERSONAL REPRESENTATIVES' DEED _DELI Liu( -` Y7. 7ft- � ' -...::. - THIS DEED is made by FRANK STANLEY DAVIS and BARNARD HOUTCHENS, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT S. DAVIS, DECEASED, Grantors, to �` M COUNTY OF WELD, STATE OF COLORADO ..s Grantee, whose address is Greeley, Colorado 80631 ,- a a WHEEAS, made and executed his Last hWill oand nTestament amed ddated ent nAugust his 28 lifetime71, which Will was duly admitted to formal probate on December 26, 1974, by the District Court in and for the County of Weld and IrIe� State of Colorado, Probate No. P-13356; ;1 WHEREAS, Grantors were duly appointed ' Representatives of said Estate on Decembe , 974, and arenow qualified and acting in said capacity; NOW, THEREFORE, pursuant to the power conferred upon Grantors by Article 3, Section 711 of the Colorado Probate Code,and for the consideration of $497,600.00, Grantors sell and convey to Grantee the following real property in Weld County, Colorado: L.. THE PROPERTY HEREBY CONVEYED IS DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE ii with all appurtenances, subject to taxes for the year 1975 .f and thereafter, and except prior reservations and conveyances of oil, gas and other minerals, exceptions, reservations, covenants, conditions and restrictions created by instruments of record and rights of way and easements established on the premises and subject to building and zoning regulations. Grantors further hereby represent and declare and the Grantee in accepting this deed joins in and Adopts said FFF representation and declaration, that the Grantee is not Grantors' agent or attorney or a corporation or trust in which Grantors have a beneficial interest; and that this deed is not part of a trans- ,, action which is affected by a conflict of interest on the part of the personal representatives. Executed December 30 ].976. r ', c FIANK'STANLEY,UAVIS 'RARIiARD HOU'kCNRN5 AS PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT S. DAVIS, DECEASED STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this }, day of December, 1976 by FRANK STANLEY DAVIS AND BARNAS7 DOC•SCNExS AS PERSONAL REPRESENTATIVES OF THE ESTATE OF HOHERT S. DAVIS, DECEASED. Witness my hand and official seal. My commission expires October 1. 1977 Notary Public J-�-� 11c ` a _. .I OBI • jT T •.4. P ,41 Y •I>.J Y't' y.7. -tp li"Ye via, 1 e : r_ . ,=�x 1767636 786 1 - z In Township 5 North, Range 65 West of the 6th P.M. : WELD COUNTY, COLORADO Section 1: 5165 ��y�yyyy All that part of the N[;; and the Ni of the SEk lying south of Colorado Highway #263 excepting that part thereof lying north of the Ogilvy Ditch, which comprises approximately 16 acres, • F togc her with the improvements thereon, conveyed by deed rrre}}corded December 23, 1975 in Book 755 under Reception No. 1677479, Section 2: Aillatha2ateo�'arty�14ogRs,parcel conveyed by deed recorded in Book 1513, page Iti__ part or the E of the SEk lying South of State Highway #263 l,_ as presently constructed, being more particularly described as follows: beginning at the southeast corner of said Section 2, and +. considering the East line of the SEk of said Section 2 as bearing ' North 01 05' 46" East, with all other bearings contained herein relative thereto; thence North 01 05' 46" East, along the East r line of the SEk of said Section 2, ,429.39 feet to a point on the South right of way line of Colorado State Highway #263; thence South 600 39' 19" West, along said South right of way line, 1535.88 feet; thence South 01° 02. 52" We:,t, 672.04 feet to the South line of the SEk of said Sect'on 2, thence South 89° 48. 16" East, along i a the south line of the SEk of said Section 2, ,323.77 feet to the " southeast corner of said Section 2, said point beingthe beginning, said described parcel of land contains 31.936 acres,int of more or less. e. Section 11: That part of the NEk of the N lying ..nd being South 2of0 the Cache la Poudre River; the Sk of the NW P3c NWk, the K , the West 20 rods of the Nts of the SEk, 17.83 acres in the NWk of the SEk as described in deed recorded in Book 241, page 233, Weld County Records. That part of the NEk of the NA lying north of the Cache la Poudre River and East of Sand Creek. EXCEPT approximately 6 acres located near the south line of the NEk of said Section 11 together with the improvements thereon, conveyed by deed recorded January 16. 1976 in Book 757 ender Reception No. 167'098 of the Weld County Records. Section 12: The 4 of the NWk, the SE'; of the NWk, the SWk of the NWk, the NEk excepting therefrom that parcel of land described as beginring at • the southwest corner of the NEk of said Section 12, thence East along the South line thereof :o y S,.ut;,caat Lot ner of said quarter section, thence North along the East line of said Section, 1000 feet; thence southwesterly to the point of beginning. Also excepting a right of way and a parcel of land in the NEk of the NEk of said Section 12 lying East of the Platte River as conveyed by deed recorded in book 98s, page 317, Weld County records. -" J7ncx with 17 shares of the capital stock of The Delta Irrigation Company and 3 rhares of the capital stock of The Ogilvy Irrigating and Lan.'. s.ompany. . 1/ AUG 11 1977 . f x'11 c.' 0Q •'•.3.) RecadM d JA...,_—.__ 11 172'7190 7{�. 0.u. Am m Feu ,tln.Recorder 4 , ' RESOLUTION ' f-� RE: AUTHORIZATION OF CHAIRMAN OF THE BOARD OF COUNTY COMMIS- -- '- i,�... SIGNERS TO EXECUTE MINERAL LEASE FROM WELD COUNTY TO .•v (� FRANK STANLEY DAVIS AND BARNARD HOUTCHENS AS PERSONAL -m, REPRESENTATIVES OF THE ESTATE OF kOBERT S. DAVIS, DECEASED. r, ii. ••1 WHEREAS, the Board of County Commissioners of Weld County, ;t 'ti Colorado, pursuant to Colorado statute and the Weld County Nome .j tL } 1... Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and 1 1 WHEREAS, Weld County previously purchased certain real J ' - t--' estate commonly known as the "Davis Ranch" located east of ,,;.. . 4 t • 1 Greeley, Colorado, and • -- WHEREAS, the original contract purchase provided that the k� ;,;,4 -` sellers, (Estate of Robert S. Davis, deceased) , were to reserve ;;C i. d , .r • an undivided one-half interest in and to all minerals except • w sand, gravel, rock and soils owned by the grantors, and ^�-� WHEREAS, when the original warranty deed was delivered to .. _ '+l Weld County following the purchase of said real estate by Weld 4 1 , County, said deed failed to reserve a one-half interest in and , C- to the aforementioned minerals, and •�' ,• ' WHEREAS, in order to properly raflect the intention of j _-_ , '. all parties to the aforementioned transaction, it is necessary "y . ' : that Weld County execute a mineral deed conveying a one-half •' } interest in and to the minerals under the "Davis Ranch" (except . .o Y, • kyry; sand, gravel, rock and soils) , a copy of which mineral deed is attached to this Resolution and incorporated by reference at --•� Z this point. . NOW, THEREFORE, BE IT RESOLVED by the Board of County Cow- , A • r missionera of Weld County, Colorado, that June K. steinaark, " i' r� Chairman of the Board of County Commissioners of Weld County, t Colorado. be, and hereby is, authorized to execute the mineral • deed conveying to Frank Stanley Davis and Barnard Noutchens,. i as personal representatives of the estate of Robert S. Davie, ' • deceased, an undivided one-half interest in and to all minerals • under the real estate covered by said deed, except sand, grovel, rock and soils, covering the real estate located in Sections 1, • 2, 11 and 12, Township 5 North, Range 65 Nest of the 6th P,M., Weld County, Colorado, and more particularly described on Exhibit 'A' attached to said mineral deed. 0 • r; ecP v.!5 1727190 ,,, P. gip_' The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on thelflth day of - •..�, _ .t 1 ! !, August, A•D. , 1977• -; i BOARD OF COUNTY COMMISSIONERS 'j • _ ,j� y COUNTY, CO RADO y; 3. t •C/I AC , i / ATTEST: al f.;.0 llAttf✓ _ - n •*'� WeldCoun;y Clerk and Recorder • _•',! j • and 'Clerk to the Board`s By [r'.,-..,.,f CLJ ( [[0..N +i .01 _-?: C : Deputy County Cle'r, ( APARbVLIU AS TO Fn<i� /i2f�C[.r/ , County Attorney 'k1. '.-:' '. - ••• L. . , L )'. I 'a 4, 41. a • • • -. • T oate Presented: August 10, 1977 t •. t • P 4:!,1%,',;;;;--..-. .--:-�✓ ,..ii I - A s . • Re.dgl A. —greeter(Nll,a'ne G. Stn.In311$ u"' 1 G.I..e r.:I 1 • ""c.,„,,,,,,,,,( `""""s '" MINERAL DEED v 3 y Py qg Ann e rss Mu,t r KNOW ALL MEN Ob THESE PRESENTS, That. COUNTY OF WELD, STATE OF COLOItA00 �' • o[ Greeley, Colorado 8963], hereinafter called Cantora Gin exact dstamw Adensel (whether area or more' for and in consideration of the sum of other V •?. a.],lisle.le...cans.a•.deraCl.9rt..and_..kt%D . Dou.rs td 10.00 1 cash in hand paid and other good and valuable considerations,the receipt of which is hereby - - acknowledgtd•do. S hc�mb ran ba sin sell,covet transfer.assign a deli':r unto FRANK 6711TD1PD r�� y�—�AND Nr1'1�71'A't'tVE� CF TFE ESTATE or STDFIS DAVIS DECEASED.' of.._922-lath..Str t Co�C S. DAVIS,63 'I' C,rlAeygeODloradn x'0631 eneal hereinafter called Ciente, (whether one arm ) Im.aed one_halr(1%2)except sand, gravel, rock and soils, grantor imeraat in and to all of the oil,gas,and other minerals/in and under that veined produced from the following desenbed `H ^ lands situated H. Weld ,� .._County,State ofto wit: 'y< THE PROPERTY HEREBY CONVEYED IS DESCRIBED IN EXHIBIT:, ATTA(}EA D HERLfO AND INCORPORATED HEREIN BY REFERENCE. 811.436 except sand, gravel, rock and ::oils containing aerie,more or lees,together with the right of ingress and egress et all times for f the purpose of operating and developing said lands o ml gas, ope other mineral end marketing the same therefrom with the -Light to remove from said lands all of Grantee's property and Improv ergs,including the release r and waiver of the right of homestead. This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil et and gas lease of record heretofore envoy('it being undenanod and agreed that said Grantee shall have,receive,and enjoy the herein granted undivided interest in and to all Iron uses,rents,royalties and other benefits which may accrue sV.` under the tens of said lease insofar as it cover,the above described land from and after the date hereof,v uely a, Ir-�if the Grantee herein had been at the date of the making of said l'nee the owner of a similar undivided intent in r! and to the lands described and Grantee one of the lessors therein. Grantor agrees to execute such further assurances as may he reeaisite fat the full and tomplete enjoyment of t- the rights herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for (',id Grantor by payment,any mortgage,taxes,or other lien,on the above described land.upon default in payment F`' '+ by Grantor,and be aubrogated to the rights of the holder thereof. r+: k TO HAVE AND TO HOLD the above described property and easement with all and singular the rights,pnvi- lappurtenances,and appurtenances thereunto or in anywise belonging to the said Grantee herein Their.. successors,d IMINI LIRRiSal aa(]Maasitylr In g ang and assigns forever,and Grantor do CS hereby war- •~ rent said title to Gra^tee ic._IM {7j tgv ^r the said unto Us uccnnon and assigns ;d i thtether w1��_ .._...hereby agree to defend all and singular the said property unto the said Grantee herein eir/"'488"t' and assigns against every person whomsoever claiming or t i claim the same or any part Mereof. t.,. IWITNESS Otis . .._hand this ...__28th ....... ._day of July .. .al?..._. �.. w OE (EU). OF.FOIO - ATTEST: �7 BY.. / /y(,^.. (� �7 -It— J K. Steirerark, Chairman, ..-. t ?v'y ' t. r Of CURntY.Qntflissiotters Mary Aril Feuerstein County of Weld, State of Colorado Clerk and Recorder _ - ;'-• Weld CWptty. Colorado,c- 1 , IFl vt.e....b4lj (Q‘142'-')a-. � to (fOLORA�O--GEhiERAL FORM) STATE OF COIDRADD COUNTY OF WELD Ise . The foregoing instrument was acknowledged before me this. s az 7% _. ..day of .... a 77 ..,by JUNE.A...SII:INMRK, CDAIRMAN, BIYHdt or COUNTY • ..L374IISSIONERS,..C0EHIY..C'..WEED, STATE.OF COLORADO Withal ony band and official seal. My commission expires: 2 ,,H.76ice a, /977 / - %/ • -cease gals re tnw,km y w• ,C vie,'t k wd@E,Jae aldr,4u wx,.'m6's"'laai;�'1's_ - Q Y;y,ei -•..• • {. • /3.3s i In Township 5 North, Range 55 li"-r of the bth P.M. WELD COUNTY, COLORADO — Section 1: 5';5'7 .911 that part of the NL;: a:,d the re, i.f the SLi.' lying south of Colorado girl-way 8251 o:ceotinr rlur -n:t tae eof lying north of the Og!Ir; Ditot,, which eemjr IL-a P.';ruximateLy 16 acres, • together with the improves.-nta th,rr a., cor.vc7ed by deed recorded bcceleher 23, 1375 in Book 7':'• under !opd ki el',Lxc FnForOea'.oriad parcel cons•-yedbydeederecoded intion No. 6 Book,1513, p Section 2: All'tha* part o1" the E of the Sit page co presonr'y ccn:tractd, being mo,'i art iculorlf described Highway Y26J follows: ter i nning at the ',outhcas_ ectiond 2,as consid(r ne the Ca,;t Ito,' of tee p„ -f her of said Section and g North 01 ' ua•• ea I Sse cone 2 an hearing telatie_ li.••re tl't, with all �. • fearinCs contained herein • t r.; thence Ninth 0!' r•, i I.va, along line of Tie '7l4 of said S:.,-t io , : point the Cast e 2, 1'::"..3'1 feet to a ; on the south right i way line :i CnJor rl�t ':r rl' I!i^,Swey 8:!63; thenceSout South 6t0 ,.P' 1?" Ens,, along raid arh right of way line, 1535.(:2 nee south Ole 02' 52" thist, '.71,04 fret to thw C-nth line of the '..l:i of said Section 2, (boor• South 89c 48' 16" East, along the south lion at the SEE. •-f ^aid S•"cna 2, 7313,77 feet to the southeast corner of ;aid settler 2 _.lid point being the _nt of beginning, sal describeI narrei of LeA ennta ins 31.935 acres, ware or lea:. Section 11: ;hat part of the :If$ of the NA; •lu and be' is Poudre Riven the .1 t °th South of the Cache rods ot the • 1117 of the SEA, 17.93 acrer in theNIA of, the :Ws, the LEk as s dest cribed in deed recorded in Book 241, page 233, Nele Cou-,ty Records. That part of the NE34 of the NW‘ loin(; north of the Cache la Poudre River and Cast of Sand Creek. EXCEPT approximately 6 acre:: locnad near the south line of the NEti of said Section 11 together with Ow inp,ovementr thereon, conveyed by deed recorded January I0, I'_T'(, in Doti 751 under Reception 1O. 1670093 of the Weld roust/ Rccnraa• Section 12• The N'7 at 'he NNk, the ::r', of the NA. t • the cxexceNEk l, inn therefrom that parcel 0: Carol `;"k the NW's, t!u;:outI, desc r toed Jr he at inninp veer corner el' the 11124 of tohi Toot ion 12, thence East along, the South line thereof to the f.outhea,;t cnvetr of said quarter section, thence North alnnp the East line of said Section, 1070 feet; thence southwesterly to the ruin, cf he,' ;;, :i;• Also excepting a right of way and a C..Ir:••1 of Ion' in the 1L4. IIEls of •:aid Section 12 i,ing Last .-f the Platte ki"er a; cony.' v y.- „1 by deed recorded in Book " 995. Pig': 317, Weld Counr,, rrcor,l:, EXHIBIT A • i. Recorded a--/-_--:.--9€ . . <. ,.O ..i:15;)S Recorded o•tiaa.. .._/..weJUJ(t_LI�7 0 Ne.991A. -Crawl luwal..6..IM-II M ant 8uwt,never,G.b,.d —VII M'Na 1127191 May Am feuemmw,binder awC,ata_t INNS. MINERAL DEED . Amend Perm Sewbel ' Know Au. MEN or Tons PRESENTS, ma- COUNTY OF WELD, STATE OF COLORADO of Gr_ee]By, c.Q, orado $Q.{131 hereinafter tailed Grantor(whether one or morel • - IOtn IrmaIWIb AAnml = feral in consideration of the au=of Qther...Va.19.91 e,...c.QGalde.ration...nnd._ten.... Dollars Cr. 0..10.00 I rash in hand paid and other good and valuable considerations,the receipt of which is hereby e4 r" ec1mowla do........_.......—.....herepl ern a saS nnre inviter mew and deliver mate.. 'QC_..tgri I AV1S cm AND IMUICHE S AS PE17l�tAL e C� TIM ESTATE OP S. DAMS, ( f 922 10th 1:::MoSolfuSolorado..90631 ... hereinafter mild C to (whether one or me 1 an undivided..-.GDC_S1, g.1.1/.Zl.._......._.._..-_.._....interest in . except sand, gravel, rack .meals, n owned by grantor and to all of rho oil,gas,and other mineral aMM sad under and that may be produced from the following described re n leads situated in Weld _...County.state of to-wit: _ o o 'DIE PR PERIY ICY CONVEYED IS DESCRIBED IN =MIT A AT'17Otm HERETO AND ItCOR OAA2W HPPEIN BY REFERENCE. :-1 .. .-t V Q except 811.636 �d�, rock and soils the▪ ens..-_.-___._. —.aces,ma it Si.anther with the right of intew egress at all times for the prpre d vymataa sail developing mid lob fm oil, gas, and ether mad marketing the same thaafwa with Oa tight a lemon from said lands all of Grantee's property and imp° eats,Melodies the release e nd waived this right of baeatemd. This sate la ads abject to say tights now can Wii ttgg to any lessee or oedema under any slid and wbltiag ell sad gas lea of nerd Seeds.reseed'it being tmdentood wed agreed that sad Gisela..hell hare rave,ad gain the Mal.waged oillded bast in and to all bonuses,rents,ro)atim end other benenb wSw may wave oder W tog staid lase baba ea is coven the above described land from and after the date heratr as ' If the Gmataa Mal W boa at the data of the making of said lose the owner of a similar uneivIded liftmen In ' sad to the lands dreamed and Grantee one of the lessors therein. - Greater apes t Anna*math further assurances as may he requisite for the fall and cemp44 rniqact of the right,MYw greaten sad lien,agrees that Gnaw herein shall hare the right at any twee 4 ndaam for 6=by ewer.mar rgaae,tares,er other liens en the above described land,wpm default in payment bf Omar,and b _,. tam l the Ante ails* balder thereat. TO BATE AND 10 HOLD the stove described property sad easement with all and singular the rights.privi- lege..W appaetnaees thenanto or in mina belonging to the weld Granule herein....t eir.._..._...__.._.._s mean, and assign.fever.and Grantor dwell hereby war- mat said title to GrsawtllR,1.S... i macccson mad assigns W �-Jwnby atom to ddgd dl W singular the add pineal unto the said Grantee basin • /-/A.-- �� and.mig,.against an pen..wbaamr.r ,.�d -1-rtr-- ;ilfp4 the tom any poet tLereef. i_.. _"_CUT. degree eel. 3Etb-. day of July c71._ _ ( i• t '�a .. 'a .f'0ifif 4,,.v. ZULutalm/ R. StelawarhiSelreen, .9f..9aEttY_.4�MIFuaDtx' ■ Itry Pblarst elan minty of Weld, State of mlorado Cleric end Recorder Sid_ m-t�\Pty, Colorado . . I<. ✓t (/,J(.'.vL.tL{1�J� (�d�✓<DL0 s 6ItAL PORN) STATE OP FOR 1 Is ^Tb foregoing laetsumeat was acknowledged before me Ol /et/ end _.ca.r..t.� 19 27 .w..JB➢:.E..SrEDNKlift, MIRAN, B0AIg� ((((((111111 ‘tr........... _ .- _fIEBRffiIO>7�r..fYEEIIY.1P..liBlde..SCIGE-OP..(%IGBSOD. -<`_n.._d l e' C 4 i ails elhW es thug tg; P i` • leyroladw mawt O d : • ?est-.4? ...L..l._.G. _. `.s` L.f< 4'�fa ._. _gib m.ha e II• • d )s 1727191 In Townillip S Nor h R y 65 West of the 6th P.M. : N'EL9 COUNTY, rOLORA llO - Section 1: c1Sy All that part of the Mk and the IF, of the 3EL lying south of Colorado Highway b263 excepting that part thereof lying north of the Ogilvy Ditch, which comprises a ;roximately 16 acres, together with the irproceo.-nts thereon, conveyed by deed '--orded December 23, 1975 in Book it: under 2eception No. 1677270, AlletkhaYatarinoo-Oe�ollii,larcel cul eyed by deed recorded in Book 1513, page Section 2: p the L of the�c t lying South State Highway 0263 presently constructed, being P more r.:rt icu Lirl lyas follows: hetrinning at the rcutnes:' carter ofi described said Section 2, , and considering c the fast line na the S� r'c -.0 id Section 2 as bearing North 01 .._' w6" Last, wit)-: all 3:h:- hearings contained herein relative ti-rotq thence North 01 ' a 6" East,lime of to, 'I.4 of said Section 7, 142S.32 along East south . feet toapoint on the South right cf way line a.f Colorado c, its Highway #263; thence !'l' 19" West, airing said Truth right of way line, 1535.68 feet; thence south 010 02' 52" Nest. x72,02 feet to the South line of the :1 Ct of said ie_tio.r 2, thence South doe ag' 16" East, along the south line of the stn. of said Sec ins 2, 1323.77 feet to the southea.r soccer of said aec'ion 2 beginning, sail descrilei carrel or toed..aid point-tile in nsi 3e the point of or less. s 31.936 acres, more friction 11: That part or the NE's of the NWL lying and being South of the Cache la Poudre River; the Sy of the NHL, the NEk, the West 20 rods of the Nk of the TEL, 17.83 acre's in the NWL of the SEk as described in deed recorded in Book 221, page 233, Nelc •'nuuty Records. That par, of the NE's of he Silk lying north of the Cache la Poudre River and East of Sand Creek. EXCEPT approximately 6 acres 1occr.ri near the south line of the NEk of said Section 11 together with t'.e improvements thereon, conveyed by deed recorded January 16, 197E in goal 75; under Reception No, 1679093 of the Weld fouaty Record.:. Section 12: The Nef or the NA:, the S1', of the NW:, tie SWk of the NWk, the NEL exceotir; therefrom that pa-col cf i!o: described a- beginning at the southwest corner of the I.L'c of n-,; I feet ion 1:, :pence East along the South line thereof to the foutheast ccrntr of said quarter section, thence North along the Cast line of said Section, 1000 feet; thence southwesterly to the poin: cf beginning. Also excepting a right of way and a parcel of land it, the NEL La' the NCk of tai? Settler 12 lying East of the Platte Ricer a:: convoy..d by deed recorded i. Book 995, page 317, Weld County recor•1:;. EXHIBIT A at, 4811183386 RESOLUTION m O O U RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 149 - WELD COUNTY BOARD z OF COUNTY COMMISSIONERS o 0 0L WHEREAS, the Board of County Commissioners of Weld County, u nJ Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the v o affairs of Weld County, Colorado, and 0 o WHEREAS, the Board of County Commissioners has reviewed the request for an exemption from the definitions of "subdivision" and CO.a (O "subdivided land" in Section 30-28-101(10), CR 1973, as amended, and C: oE� Section 2-1 A. (3) of the Weld County Subdivision Regulations,and WHEREAS, the Board of County Commissioners finds that Weld m=1 MW m(a„ County is the owner of certain parcels of land located in part of m Sections 1, 11 and 12, Township 5 North, Range 65 West of the 6th EttL P.M., Weld County, Colorado. The legal descriptions of said parcels cz of land are asfollows: ar O Attached exhibit "A" is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners that the abovedescribed parcels be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided ' land" as set forth in Section 30-28-101(10), CRS 1973,as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 1982. BOARD OF COUNTY COMMISSIONERS ' { WELD COUNTY, COLORADO ,+ Site /) �'1. ABSENT DATE SIGNED (AYE) ATTESTi, tµ t",.," ECWwteri J Martin ay nn Cou y Clerk U7 and Recorder (AYE) a C erk to the B rd tic Car so , Pro Tem BY: - ti- Xt.( ��-/-� t 44s (NAY) Deputy Cou ty Clerk Norman Carlson / AP OXED AS TO FORM: Q W. X rby � C�:�.t� (AYE) W. E rby �fj/L _ County Attorney- 6•22000.(AYE) e R. Steinmark Atmo:ou't MWORANWMTMIS (� DATE PRESENTED: February 17, 1982 AT TM Ton of RICOROATION. ttRVM(M WAS FOUND TO ![INA0(0UATt •,y Hfa BEST ellOtocliAPHit OtPSOOJCTI N 0 o U EXHIBIT "A" • PARCEL ill r LEGAL DESCRIPTION o u All that part of the Northwest Quarter of the Southeast Quarter (Nina SE> ) N of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the ca West Quarter Corner (101 Cor) of said Section 11 and considering the West 0 0 —0 line of the Northwest Quarter (NW0a) of said Section 11 as bearing North s ri',a 00°25'31" East and with all other bearing contained herein relative thereto; - Thence North 89°36'17" East along the East-West centerline of said Section 11, r1 J a distance of 2,645.08 feet to the True Point of Beginning (T.P.0.B.); said m r point also being the Center Corner of said Section 11; Thence North 89021'50" !OW y East, a distance of 1,278.89 feet, more or less, to a point on the Westerly MCC --w w right-of-way line of a county road; Thence along said Westerly right-of-way „L z line by following six (6) courses and distances: m> Continuing along the arc of a curve to the left whose radius is 79.45 s i feet and whose long chord bears South 23°14'13" West, for a distance of 40.07 feet; South 08°37'47" West, 94.35 feet;. Along the arc of a curve to the right whose radius is 283.48 feet and whose long chord bears South 24°38'54" West, fora distance of 156.45 feet; South 40°40'01" West, 587.94 feet; Along the arc of a curve to the left whose radius is 748.72 feet and whose long chord bears South 35°06'15" West, 145.16 feet; South 29o32'29" West, 271.50 feet along the Westerly right-of-way line; Thence North 89°39'42" West, leaving said Westerly right-of-way line, 254.89 feet; Thence South 00°05'43" West, 2.00 feet.Thence North 89°39'42" West, 330.00 feet to the North-South centerline of said Section 11; 0 • 00 • O U T 2 0 0 Thence North 00005'43" East, along said North-South Centerline, 1,057.28 on a w feet to the Center of said Section 11 and the True Point of Beginning (T.P.0.B.). 3 Said described parcel contains 23.304 acres, more or less, and is subject va to any rights-of-way as granted or reserved by instruments of record.or as 00 now existing on said described parcel of land. ti m.a \ \ February 7, 1982 _ o JA 0 ES COL,'A,� P.E. 8 L.S. waa��, kZie ,F /14 S7st1♦'io ti 4'�'ibt Pap, I do hereby certify that I have prepared the above lega descripti nl 1.44) Miu 3 DON e* � 4392 W e+d o n 'rl Aa�atn a: O w" ATf Of C0l0it, . IMMO P>- 0•1 • • u L co 0 O ow PARCEL 02 00 00 LEGAL DESCRIPTION on Y J w a A twenty (20) foot access toad located in that part of the Southwest Quarter it (Swig) of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld P q - L o o County, Colorado, being more particularly described as follows: Beginning at othe West Quarter Corner (W; Cor) of said section 11 and considering the West CO line of the Northwest Quarter (MN) of said Section 11 as bearing North 00025'31" East w o--I with all other bearings contained herein relative thereto; M Thence North 89036'17" East along the East-West centerline of said Section 11, Mid I- a distance of 1316.04 feet to the True Point of Beginning coin od. 'a Thence North 89636'17" East, a distance of 20.00 feet; 01 zThence South 00°06'14" West, a distance of 1286.42 feet, more or less,'to a point '0 a on the North ROW line of East 18th Street; P>- ° Thence North 89°39'42" West, a distance of 20.00 feet along said North ROW line; s,s Thence North 00°06'14" East, a distance of 1286.16 feet, more or less, to the True Point of Beginning (T.P.O.B.). Said described parcel contains 0.591 acres, more or less, and is sihbject to any rights-of-way as granted or reserved by instruments of record or as now existing ,on said described parcel of land. February 7. 1982 .C ER REESE Q o..d f. 'LI'ADO D.E. 6 L.S. ;.) pIN.`kyes I do hereby certify that I have prepared the above 1 1 description-* 4392 ilia 'lftifiukea; ..,�`j Of..........#" III,111,11 • co 00 . 0 U vs • )- co On M J 3 a: Q W a n PARCEL f3 00 cs LEGAL DESCRIPTION Oa.a m All that part of the East Half (Eh) of the Southeast Quarter (5EO) of Section C1-1 9 0 2, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, lying MW South of Colorado Highway No. 263 and North of the Ogilvy Ditch. coSaid described parcel of land contains 7.5 acres, more 'or less, and is subject •-W 0 3 to any rights-of-way as granted or reserved by instruments of record or as now k z existing on said described parcel of land. • .J4 `l L1} ,r•£\� February 7, 1982 • • • i� w n, P" FREESE s,p CO •L, P.E. 6 L.S. ,1 �"o.aru•sF I do hereby certify that I have prepared the above legal description * a 439 2 r:*_ •An exact acreage will be determined by survey at-a"later date. '- xl • F7 of �44OPC* mono 0 • 0 O ou z z o H PARCEL #4 ca t LEGAL DE$CRIP710N ELI 3 v re Part of the Southeast Quarter (SEW) of Section 1, Township 5 North, Range'65 West CI 0 0 of the 6th P.M.. Weld County, Colorado, being more particularly described as follows: 0u ' Beginning at the Southeast Corner (SE C0R) of said Section 1 and considering the o w East line of said SEh as bearing North 00°07'59" East, with all other bearings NIA contained herein relative thereto; Cl U Thence North 00°07'59" East, 1217.20 feet to the True Point of Beginning; row Thence North 00°07'59" East, 315.00 feet; II et h ©w Thence North 44°08'58" West, 1249.10 feet; o utIf Thence South 78°21'12" West, 421.76 feet; sz z Thence South l6°41'19" East, 86.17 feet; 0')- Thence South 21°31'44" East, 213.39 feet; "c £ Thence South 09039'10" West, 84.09 feet; Thence South 06°19'15" East, 702.00 feet; Thence South 86°41'43" East, 1118.00 feet to the True Point of Beginning. Said described parcel of land contains 22.709 acres, more or leis, and is subject to any rights-of-way or other easements as granted or reserved by 'instruments of record or as now existing on said described parcel of land. February 7, 1982 J S' - EESE _ C 0• lP.E. 6L 6:. 9q2 I do' hereby certify that I have prepared the above legal descrip N ........... ky..0— *��4392 � AKERS& ASSOCIATES EEC John K.H.Akers.Jr. Attorneys& Counselors at Law jakersra:akers-law4irm.com 7730 E.➢elleview Ave., Suite 102 Greenwood Village.CO 80111 Michael W.Haskins Office:720.488.0835 mhaskinsaakers-lawfirm.com Fax:303.796.8191 Of Counsel: Stanley L.Grazis sgrazisgakers-lawfirm.corn September 5, 2008 Ms. Mari Gillman Petro-Canada Resources(USA)Inc. DC Petro-Canada l Thin information is nroviaeo by Perm-Canada Resources(USA)Inc. as an accommodation only to the recipient ono the(serpent shat 999 18a Street, Suite 600 Denver, Colorado 80202 rely on such information at sole cost,trsk and verso nsa. Re: GWCAA 2-42 (DH) Well GWCAA 2-41 (DH) Well T5N, R65W, 6th P.M. T5N, R65W, 6th P.M. Section 2: NW/4SE/4 Section 2: NE/4SE/4 GWCAA 2-43 (DH) Well GWCAA 2-45 (SH) Well T5N, R65W, 6th P.M. T5N, R65W, 6th P.M. Section 2: SW/4SE/4 Section 2: C-SE/4 Weld County, Colorado DRILLING AND DIVISION ORDER TITLE OPINION covering Township 5 North, Range 65 West,6th Principal Meridian Section 2: SE/4 Weld County, Colorado Containing 151.535 acres+ LIMITED to the Codell and Niobrara formations, defined as the stratigraphic equivalent of that interval between 6,926 feet, being the top of the Niobrara formation, and 7,240 feet, being the base of the Codell formation, as found in the Resistivity Log of the Krause #28-4 well located in the NW/4SE/4 of Section 28,T4N,R65W,6th P.M. The above described lands and depths are referred to herein as the "subject lands" Petro-Canada Resources(USA)Inc. Drilling and Division Order Title Opinion T5N,R65W, 6th P.M. Section 2: SE/4 Page 4 of 107 Tract 3 Township 5 North,Range 65 West, 6th Principal Meridian Section 2: A tract of land located in the E/2SE/4 of Section 2 lying south of Colorado State Highway #263 and north of the north right of way line of the Ogilvy Ditch, being a portion of the tract of land described in the Executors' Deed dated January 15, 1975, recorded in Book 732, Reception No. 1653750, as follows: Beginning at the Southeast Corner of said Section 2, and considering the East line of the Southeast Quarter (SE/4) of said Section 2, as bearing North 01°05'46" East, with all other bearings contained herein relative thereto; thence North 01°05'46" East, along the East line of the Southeast Quarter (SE/4) of said Section 2, 1429.39 feet to a point on the South right-of-way line of Colorado State Highway#263; thence South 60°39'19" West, along said South right-of-way line, 1535.88 feet; thence South 01°02'52" West, 672.04 feet to the South line of the Southeast Quarter (SE/4) of said Section 2; thence South 89°48'16" East, along the South line of the Southeast Quarter (SE/4) of said Section 2, 1323.77 feet to the Southeast corner of said Section 2, said point being the Point of Beginning; said described parcel of land contains 31.935 acres, more or less. Containing 6.106 acres,more or less! Tract 4 Township 5 North, Range 65 West, 6th Principal Meridian Section 2: A tract of land located in the E/2SE/4 of Section 2 lying south of the north right of way line of the Ogilvy Ditch, being a portion of the tract of land described in the Executors' Deed dated January 15, 1975, recorded in Book 732, Reception No. 1653750, as follows: Beginning at the Southeast Corner of said Section 2, and considering the East line of the Southeast Quarter(SE/4) of said Section 2, as bearing North 01°05'46" East, with all other bearings contained herein relative thereto; thence North 01°05'46" East, along the East line of the Southeast Quarter 6.106 acres is an estimate. See Comment and Requirement No.23. Petro-Canada Resources(USA) Inc. Drilling and Division Order Title Opinion T5N, R65 W, 6th P.M. Section 2: SE/4 Page 10 of 107 2. PARTIAL RELEASE dated October 10, 2003, recorded at Reception No. 3120282 on October 24, 2003, from Wells Fargo Energy Capital, Inc. to Lyco Energy Corporation, releasing the Renewal, Extension and Amended Deed of Trust, Mortgage, Security Agreement, Assignment of Production and Financing Statement dated November 6, 2001, recorded at Reception No. 2900585 on November 14, 2001, from Lyco Energy Corporation ("Mortgagor"), to Mark D. McKinney, Trustee, for the benefit of Wells Fargo Energy Capital, Inc., as amended on August 29, 2002 by Renewal, Extension and Amendment Agreement to Renewal, Restated and Amended Deed of Trust, Mortgage, Security Agreement,Assignment of Production and Financing Statement recorded at Reception No. 2984256 (together referred to as the "Deeds of Trust"), insofar as the Deeds of Trust covered interests in property that Mortgagor assigned to Petroleum Development Corporation by Assignment, Conveyance and Bill of Sale dated June 6, 2000, effective April 1, 2000, recorded at Reception No. 2773505. 3. CERTIFICATE OF CONVERSION dated as of October 1, 2000, recorded at Reception No. 2808479 on November 21, 2000, filed with the Colorado Secretary of State on November 1, 2000, by which D.P.G. Bird Farm, Inc., a Colorado corporation, converts to DPG Farms LLC, a Colorado limited liability company. 4. STATEMENT OF DISSOLUTION for Martin Exploration Management Company, filed on February 28, 2006 with the Colorado Secretary of State by Thomas A. Floyd, 4501 W. 127th Street, Alsip, Illinois 60803. OWNERSHIP OF SURFACE Tracts 1A, 1B,2 and 5 Greeley-Weld County Airport Authority 100.0% Tract 3 Weld County, Colorado 100.0% Tract 4 DPG Farms LLC 100.0% OWNERSHIP OF OIL,GAS AND OTHER MINERALS Tracts 1A and 1B Greeley-Weld County Airport Authority 100.0% Petro-Canada Resources(USA)Inc. Drilling and Division Order Title Opinion T5N, R65 W, 6th P.M. Section 2: SE/4 Page 11 of 107 Tract 2 Noffsinger Manufacturing Co., Inc. 100.0% Tract 3 Weld County, Colorado 50.0% Frank Stanley Davis 15.0% Robert Timothy Davis 15.0% Frank Stanley Davis and Barnard Houtchens, Trustees of Trust created under Will of Robert S. Davis, deceased, for the benefit of Jody Davis Leduc 10.0% Frank Stanley Davis and Barnard Houtchens, Trustees of Trust created under Will of Robert S. Davis, deceased, for the benefit of Melissa Lee Davis 10.0% Total 100.0% Tract 4 DPG Farms LLC 50.0% Frank Stanley Davis 15.0% Robert Timothy Davis 15.0% Frank Stanley Davis and Barnard Houtchens, Trustees of Trust created under Will of Robert S. Davis,deceased, for the benefit of Jody Davis Leduc 10.0% Frank Stanley Davis and Barnard Houtchens, Trustees of Trust created under Will of Robert S. Davis,deceased, for the benefit of Melissa Lee Davis 10.0% Total 100.0% Tract 5 Zabka Farms, Inc. 100.0% Petro-Canada Resources(USA)Inc. Drilling and Division Order Title Opinion T5N, R65W, 6th P.M. Section 2: SE/4 Page 107 of 107 ADDENDUM B to DRILLING AND DIVISION ORDER TITLE OPINION covering Township 5 North,Range 65 West,6th Principal Meridian Section 2: SE/4 Weld County, Colorado PLAT Tuna Tuna nun* Tnn3 TUNE Hello