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Home My WebLink About20073920.tiff 4' 'g €g g yQ:6;48`5 5e 49:-! 5 1B I €1 — ' Ij deli l@-se� 4e )4 tl5FcyseXi B1 °4la RI� �, j ,, _gyp bI .°0 i 5 I.1.it'g: yyi 1i!vp g§Y iy ll al g .:4! • F ' y. I € a , ° m E E `a a 1 ag qe. gad i e¢gi€° r' b ;"F' 2 g g $0 . ill II ii J -,€p 3ig s P ayens•gi ?g 1 ;< ige l ■+ 4 4.85y!-d e fi Mi! . 3 s Y sg y ;,'fiYg g g c,..0 e: j31 Qgi E:43 g-aie.;ri.Pliab �g p 0 g .- 9 3 t .y -' ' S'Igi ¢g'f':iall'e �l!Ae34191; d I -kt1AI4 °l51 P.mp E gN 84- t{I5 :I- `s c 98s 5 g 84 %I 8 5 e y %I°9 a ! i ': °7 e!e e¢rg: S' ., Zyi! i! ?1;1 sig ga g:�?@gglgf° ap pp4°qi(ee;y e p!� 5AE;455ge;AEi EY@(4 ¢�°''.;8 r 2 @8ab`m!!d ay� €a�b ac q @""! P` yg¢Y�'i;°Et;'!� a'4 � o9a l�5 3 5 F YF!- g 5 I t'gP'',eg ! ! "9 ¢ "6i � �` as a r 5E °��l�Y 5'e �y� s��'s�a� ��q€: !s 3° a @ i F St 5s x 5 4' e r SD b 4�py' !! 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R,.R,.1.31el.�It��li„6.ecia,.,i,,6.,5 9e y E asl , °gy Y c " a5 G ley a e ar.!I , / IBEX-!fl i E-S I:!ig'' lidg ai3Ey'7bEx iI1�49:gxf,$'f'9";;bsi SgEc;e5e�p9ire35ygae pE!'�i ._2 2Y . g Y 2_:0 :f._..0.9—�y..18 lggbP°eyY Mb:,tl�. 19l�Ybdel�E!f w-;2tl! .95 P I. l22 O iFa�3 W 1 q a e s s i !I �...'`„ m a• .agli 4.4 s4'a= ,A.5 NN g g i Y Yi Q! ui 1 1 a t C.4 x g $a_ as ii F NA I a a '5 t L r Fe ° e o a.8®g 1A,— 1:\,:7L`\,..wagtiv,a4•..��nCR1O .ia 6 k,:.K - E' I —4 °,e r ■ K, IM o•i iili 1 I G9 a v o �,6 ... w.— 9i I. gill g !P-i? eyff , ®l, feel =Ai At_a ^ I DEPARTMENT OF PLANNING SERVICES AMENDED RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Gregory and Lisa Balmes AMRE-4283 Planner: J. Hatch Legal Description: Lot A and B RE-4283 Part of NE4 of Section 6, Ti N, R68W of the 6t" P.M., Weld County, CO. Parcel ID#: 1467 06 100057 & 1467 06 100058 Lot A Size before: 3.0 +/-acres Lot B Size before: 3.8 +/-acres Lot A Size after: 1.8 +/- acres Lot B Size after: 5.0 +/-acres Water Source: ' Left Hand Water District Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Amended Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A! The plat shall be titled:Amended Recorded Exemption No. 1467-06-1 AMRE-4283 Lots A and B shall share the existing access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. A 30 foot wide joint access and utility easement, for the benefit of Lots A and B, as delineated on RE-4283, shall be shown clearly on the plat. u. Lots A and B shall use the existing residential access point as no additional accesses shall be granted. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. The applicant shall contact the Department of Transportation to verify the existing and future right of way for State Highway 52. Written evidence shall be submitted to the Department of Planning Services and shall be delineated as existing and future right-of-way on the plat. The applicant has provide to the Weld County Department of Planning Services with a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 52, Permit number 401124. The applicant shall attempt to address the requirements (concerns) of Mountain View Fire Protection District, as stated in the referral response dated May 14, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. * The applicant shall attempt to address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated May 18, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall address the requirements (concerns) of Department of Public Works, as stated in the referral response dated May 4, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. d./ The applicant shall attempt to address the requirements (concerns) of Federal Aviation Administration, as stated in the referral response dated May 11, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. ye Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. L. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. M. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Mountain View Fire Protection District to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 10) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 11) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) © O 12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. • Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along•with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed.The applicant shall be responsible for paying the recording fee. 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Amended Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(@,co.weld.co.us. 6. The Weld County Department of Planning Staff's approval of this Amended Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. • • By Date June 14, 2007 Jacqueline Hatch 4• Planner c Kee DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 WI IR LONGMONT, CO 80504 C PHONE: (720) 652-4210, Ext. 8730 O FAX: (720) 652-4211 COLORADO September 26, 2007 Greg & Lisa Balmes 7227 Reflection Dr Erie CO 80516 Re: Conditions of Approval: AMRE-4283 Dear Applicant: On June 14, 2007, your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. Should you choose not to complete the recorded exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision. Planning Services Staff can be contacted at the above address or phone number. Sincerely, The Department of Planning Services .O (4;) CASE: Plat Checklist POC Planner Item Comments Check Check Proper size and material 24"x 36"or 18"x 24"/Minimum 3 millimeter polyester sheet 1// Lettering No stick-on lettering /Minimum 8 pt.lettering Boundaries of Lots 1/ Scale Suitable Scale?(1"=200'or 1"=100') Accesses indicated Shared Access?If so,is easement Certificate included? Roads labeled,including R.O.W Building Envelope(s) f\Pd Vicinity Map Suitable Scale?(Minimum 1"=2000') North Arrow Legal Description. Notes from Planner/ Development Standards Conditions of Approval _ ( `'L Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE,SE,SPR,Final PUD if Staff Certificate Approved) Planning Commission (USR,COZ,Minor Sub.Final) Certificate Board Certificate (USR,COZ„Minor Sub Final) (Final PUD,RE,SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Paper Plats: ( D((go'(Initials)Date: Surveyor&Date: (7 ANT— ��-/� hr� — Applicant&Date: ��(////// Planner Signature: G Date: \�,\�o\� S WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE: 720-652-4210, EXT. 8730 / FAX: 720-652-4210 Date: 20 Receipt No . Received From : 0\\C \ Permit Type No. Description Fee 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221 -PUD 4221 -MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE-SUBDIVISIONS 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS / POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC . JCASH _.]CHECK NO. 3 ‘ TOTAL FEE Receipted By: DL# Exp . Q © Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, November 14, 2007 2:59 PM To: 'Greg Balmes'; 'Jeff@integralsurveying.com' Subject: AMRE-4283 Greg and Jeffrey Thanks for dropping off the paper plats for me to review for Amended Recorded Exemption 4283. The only correction I noticed is that the legal description should be lot A and B of RE-4283 other than that they look great you can proceed to mylar. When submitting the Mylar please include evidence that all taxes are paid up to date from the Treasurers office. Please let me know if you have any questions. Thanks, Jacqueline Jacqueline Hatch Weld County Department of Planning Services 4209 County Road 24.5 Longmont CO 80504 Phone:720-652-4210 ext 8730 Fax:720-652-4211 11/14/2007 August 30, 2007 To: Jacqueline Hatch * Planner From: Greg Balmes Re: Lot A and Lot B RE-4283 Approved with Conditions 2. Prior to recording the plat: E. The applicant provided this information prior to recording RE-4283 the first time. This was verified prior to the recording of the last plat. G The applicant is enclosing a letter from the Mt. View Fire Protection District for Lot A of RE-4283 (752 Hwy. 52). There is an existing fire hydrant located between Lots A and B RE-4283. H. All these concerns are addressed whenever a building permit is applied for. All items listed in the letter will be complied with. I. Existing access to this parcel will be utilized. All items listed in this letter are complied with. J. According to the FAA website the proposed site does meet the criteria for filing a 7460-1. The site is in compliance according to the FAA. K. Lot A does comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. The net acreage calculations does not include the reserved road right of way. Respectfully,flfreXCCEO RAQe\,Greg Balmes o Jacqueline Hatch From: Greg Balmes [balmeshomes@msn.com] Sent: Saturday, July 28,2007 7:15 PM To: Jacqueline Hatch Subject: RE-4283 Dear Ms. Hatch, We are requesting further time to complete the boundary line adjustments to RE-4283 . Thank you for your help. Greg and Lisa Balmes 1 • DEPARTMENT OF PLANNING SERVICES riet SOUTHWEST OFFICE ' 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720)652-4211 ik COLORADO April 26, 2007 Greg & Lisa Balmes 7227 Reflection Dr Erie CO 80516 • Subject: AMRE-4283-A Recorded Exemption located on a parcel of land described as Lot A and Lot B of RE-4283, part of the NE4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a • public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Erie and Frederick Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Erie and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Erie at 303- 926-2700 and Frederick at 303-833-2388, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Jacquel' atc Plann 62 FIELD CHECK Inspection Date: �I b (q APPLICANT: Gregory and Lisa Balmes CASE #: AMRE-4283 REQUEST: Amended Recorded Exemption , LEGAL: Lot A and B RE-4283 Part of NE4 of Section 6, TIN, R68W of the 6th P.M., Weld County, CO • LOCATION: Approximately 1/2 mile west of CR 3 and south of and adjacent to State Highway 52. PARCEL ID #: 1467 06 100057 & 1467 06 100058 ACRES: 7 +/- Zoning Land Use N Agricultural N E Agricultural E S Agricultural S W Agricultural W Comments: o, P'.t c -i (4 S2 Signature o House(s) ❑ Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site ❑ Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site p Q WINDC. APPLICATION FLOW SHEET COLORADO APPLICANT: Gregory and Lisa Balmes CASE#: AMRE-4283 REQUEST: . Amended Recorded Exemption LEGAL: Lot A and B RE-4283 Part of NE4 of Section 6, T1N, R68W of the 6th P.M.,Weld County,CO LOCATION: Approximately Y.mile west of CR 3 and south of and adjacent to State Highway 52. PARCEL ID#: 1467 06 100057&1467 06 100058 ACRES: 7+/- Date By Application Received 4/26/07 JH Application Completed 4/26/07 jh Referrals listed Vicinity map prepared File assembled 4.21.ol Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Ok lu D Administrative Review decision: n p,,, 6(t o1(0"t Q r4 Board of County Commissioners hearing(if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified V1(4 Presentation prepared CC action: CC resolution received Date Plat recorded and filed I /-3—art— Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ Airport Yes_X_No Geologic Yes No X_ Flood Hazard Yes No X_Panel#080266 WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE: 720-652-4210, EXT. 8730 / FAX: 720-652-4210 Date: ir 20 / Receipt No. Received From : , ,t,c ~'7 Permit Type No. Description Fee 4221 -RE/SE ( Q v=- 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221 -PUD 4221 -MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE-SUBDIVISIONS 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS / POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC . ‘2.4:I ❑CASH CICHECK NO. ( UCH TOTAL FEE Receipted By: DL# Exp. • O O RECORDED EXEMPTION (RE APPLICATION '3x and a t-N-t P&k just FOR PLANNING DEPARTMENT USE ; DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: `f- c - oQ -- I - co © . Parcel Number - b -.- 0 - O Z (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Descriptionio f A-3 AMR€ r-I Q•g-, , Section 6 , Township Ji'J North, Range 62)West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes]( No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes ' No_ FEE OWNER(S) OF THE PROPERTY: Name: Gr`ccja-c,l rn 6-tcon.clior L?SA 4 Ock- it, , Work Phone#..l5�'3-g31-6�T3 Home Phone#303-(9Sl-I0W- _Email Address IJ' t1 iiltcs' It QV,nc S g 'M3)1,C_3hn Address: '7 1 R4..€IfSkion Dr • City/State/Zip Code ri t t CO c s 1 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Nameicr .tPlkaS Work Phone#3D3-93I4ff3 Home Phone#303-01-em `2. Email Address 6.1,64AAY late C ( WAS 71. Address: '7a-2-1 12221Cok-tor) 1)r • City/State/Zip Code&1-C r co SOS Lot A Lot B Lot C Lot D Smaller Parcel Water Source $+(-(ghd WOS- �.t�'t- Hold utvta • - T e of Sewer Type ��(°C ��QJ-btu . . ��1�IG 1'eY9�r Proposed Use a rje NGt S (c- Acreage i 63 Li 5.032 Existing Dwellings? If Yes,list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: '1521tcv 1"Z- If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed veil, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. "' l (&Qntsa 3-11,01 Lc:.d co, lic> g4.14_ a -3-29-e 7 i at re:S ner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4 Q April 26, 2007 To: Weld County Department of Planning and Zoning From: Greg Balmes Re: Amended Recorded Exemption Lots A& B AMRE-4283 1. A. Domestic water will be supplied by Left Hand Water District. Water tap already installed on Lot A RE-4283 B. The parcel was purchased with no water rights 2. A septic system is already installed at Lot A RE-4283 3. Lot A 4283 - a home for the applicants is currently under construction. That lot will be single family residence with alfalfa being harvested. Lot B 4283 - is currently being farmed with mature alfalfa. There is a equipment storage container on this lot. 4. The intentions in downsizing Lot A 4283 is to increase the acreage on Lot B 4283 to keep homes farther off SH 52 and to keep as much acreage in production as possible. We are trying to keep this • area of Weld County as rural as possible. Access to these lots is served off of SH 52 by Access Permit#401124. The access is approximately 4,913 feet east of mile post 7 on the south side of SH52. Lot B of RE-4283 will own the ground under the easement for Lot A RE-4283. Lot A 4283 will be granted easement from Lot B RE-4283 directly to SH52. The new lots created will be approximately 1.834 for Lot A RE-4283 and approximately 5.032 for Lot B RE-4283. They will be used for single family residences with at most 2 horses per lot. 5. The Lower Boulder Ditch forms the approximate east property line of Lot A RE-4283. A common road between Lot A and B RE-4283 will form the north boundary for Lot A RE-4283 and the south boundary line for Lot B RE-4283. D Q 6. The building envelopes will be approximately 100 feet south of the north property line for Lot A RE-4283 and approximately 80 feet north of the south property line of Lot B RE-4283. 7. There are no businesses or special review permits on this property. COLORADO DEPARTMENT OF TAANSPORTAC O CDOT Permit No. ;STATE HIGHWAY ACCESS PERMIT 401124 State Highway No/Mp/Side 52A/007.930/R Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction 100.00 11/20/2001 04/01/09 Weld County The Permittee(s); Applicant; • Ref No. 2001 Richard Bulthaup f 4,4; A q$\3b S SAME 2780 W. 149th Avenue Lo n {Z�3`�c2 Broomfield,CO 80020 L:O1:t. ft 2O c"3 n oua to 4-5 Ace If u3 303-465-4979 L.O%( j4 Q 3 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit,Indudmg the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing rts of ,the appointed agenntssaandd employees shall brity if at any time the e held harmless against any action for pperermitted access and its use violate any rssonal injury or�property damit The agge sustained by aasson of the exercrlment and lr ise of the permit. Location: The access is located on State Highway 52,a distance of 4,913 feet east from Mile Post 7 on the south/right side. Access to Provide Service to: Single-Family Detached Housing ............. ......_ 5 Each 100.00 % Other terms and conditions: *See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Da Title By x) (Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Arden Nicodemus with the Colorado Department of Transportation in Longmont at 303- 442-4382 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permitter,must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Perm Date /1241.>/2≤/is i (x) This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Date(of issue) Title By 1 runt /o I Assistant Access Manager (x) V..11-ICU— Copy Required Make cOpies asLocal Authority inspectorn Previous editions are obsoleteOTmay not mnn 4101 used 1.Region 2.Appticant MICE Patrol Traffic Engineer &Staff Access Section . itif A) Arill •'DEPARTMENT OF PLANNING SERVICES Wi`PC SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720)652-4211 Application being sumbitted: 1<-C- ^ u a 3 Submittal fee: Check# Cash /Name of person submitting: ` E -g6( (144-(2-9 Contact name(if different from above): Telephone number. XJ 3 c �°� E-mail: b°13pi 04-0540 tts i is ��Sn•d004 The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. d The Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code,and as such,shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with the application,the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be set up or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. • I understand and agree to the conditions stated herein: V/t L'`C�' l/tit- 4 Signature Signature of staff member received from: Date: -'-• • , • 079 1>" rt141- • ( 7 �7\4sv�,11�et.I �r� �r rb�h'� y �rys) art Treasurer's Tax Search Result Page A Page 1 of 1 0 /0 ,sz,0 Waal t County, Colorado \�O [ Home Ii Services IT Departments About Weld Ii Property Information (Contact Us Uy'C Home > Departments > Treasurer's Office >Tax Search > Tax Search Results Tax Search Details Information for tax year: 2006 payable in 2007 Property Information Owner Name: Balmes Gregory E & Address: City: Weld County, CO Account Number: R4269506 Parcel Number: 146706100058 Legal Address: pt ne4 6-1-68 lot b rec exempt re-4283 Value Information Actual Land Value $224.00 Assessed Land Value $60.00 Actual Improved Value$0.00 Assessed Improved Value$0.00 Actual Total Value $224.00 Assessed Total Value $60.00 Payment Information Total Tax Amount: $9.02 First Half Amount: $0.00 Second Half Amount:$0.00 SR.Exemption: $0.00 Full Amount Paid: ($9.02) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2390 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 67.077 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:18 AM on April 11, 2007 http://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfm 4/11/2007 Treasurer's Tax Search Result Page Q Page 1 of 1 welcome to 4 d __ Weld County, Colorado t N CI Home II Services fI Departments I About Weld II Property Information li Contact Us - Home > Departments >Treasurer's Office > Tax Search >Tax Search Results Tax Search Details Information for tax year: 2006 payable in 2007 Property Information Owner Name: Balmes Gregory E & Address: City: Weld Account Number: R4269406 Parcel Number: 146706100057 Legal Address: pt ne4 6-1-68 lot a rec exempt re-4283 situs: weld 000000000 Value Information Actual Land Value $173.00 Assessed Land Value $50.00 Actual Improved Value$0.00 Assessed Improved Value$0.00 Actual Total Value $173.00 Assessed Total Value $50.00 Payment Information 1 Total Tax Amount: $8.36 First Half Amount: $0.00 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: ($8.36) Current Balance: $0.00 IF any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2390 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 67.077 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:18 AM on April 11, 2007 • http://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfm 4/11/2007 REFERRAL LIST Name: �7l ") k (214 3 o ©Case#: „•1i tr.rc-6- C/Z w County 11 Towns&Cities Fire Districts _Attorneys Ault _Ault F-1 ka ealth Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office-Ed Herring _Dacono Brighton F-3 �/- S e iff -ifce E.5241.......-r-...,. _Eaton F-4 P.nbhcWork§ E rie' _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 p nthoL _Firestone _Hudson F-7 uildinInspection Fort Lupton _Johnstown F-8 odrComelia .oe j S=Bret N-Ann Frederic LaSalle 9.., -- --1 Kim Ogle(Landscap arden City .dMiuntairkView•F10 _Lin (Addressing Change of Zone) _Gilcrest Pr'Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 _Div.of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 De a mentrof-Health _Kersey r Raymer F-2 Deparmont-of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board _Longmont Wiggins F-18 Oil &Gas Conservation Commission Mead _Windsor/Severance F-17 4 Milliken Division of Wildlife New Raymer Legal L- -CI-4-5 de •1(2.fr3 6('AX _South Hwy 66 (Loveland) _Northglenn /L(( 7 6 6 I°QQi—Parcel ID# C— _North Hwy 66 (Greeley) _Nunn f {o Zone A y Acres? 7 _Division of Minerals/Geology _Pierce USDA O Fr•-i..,,? _Platteville Airport VII Soil Conservation Districts Severance Geo Haz _Big Tho..mwn/F_TO--- -�-.. _Thornton FP? /'10 Panel# — 1 18o e1d r Valley/Longmont Windsor IGA? �u ORD# (- ghton/SE Weld MUD? N.> _Centennial Counties Greeley/West Greeley Adams------) _Platte Valley Bou er —I "(4 L---- West Adams !ts`Broomfield _Little Thompson _Larimer l6! Federal Government Agencies Other t 1`(/I _US Army Corps of Engrs _School District RE- _USDA-APHIS VetSewice•--m---, _Central Cob.Water Conservancy Dist ° 3 _eraLlSviatioriAdmihr(Stnictures _RR t over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist(MUD Area) - _Federal Communications Comm 7 7• Commissioner • QWeld County Planning Department GREELEY OFFICE#41) _ APR 3 0 2007 Weld CountyMOWMaIED April 26 2007 COLORADO • The Weld County Department of Planning Services has-received the following item for review: a . . Applicant - - Gregory & Lisa Balmes -Case Number AMRE-4283 Please Reply By May 24, 2007 Planner Jacqueline Hatch Project - - Amended Recorded Exemption '- Legal Lot A and Lot B of RE-4283, part of the NE4 of Section 6, T1 N, R68W of the 6th P.M.,Weld County, Colorado. Location- - Approximately'%mile west of CR 3 and south of and adjacent to State Highway 52. For a more precise location, see legal. - Parcel Number 1467 06 100057 & 1467 06 100058 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan kfl We have reviewed the request and find no conflicts with our interests. U See attached letter. - (� Comments: U ,(yam,n r o u n CA ttV0 C, C,6yyg&df rt rc V\O\±itw V wert) r u-4tj. Signature 64°164°115-11' Agency t�71n O43\4( 1rr'i Date +Weld County Planning Dept. +4209CR 24.5,Longmont,CO 80504 +(720)652-4210 ext.8730 4(720)652-4211 fax Q Weld County Planning Department ! Olt 0 SOUTHWEST BUILDING , MAY 2 1 2007 REW W DWeld County Referral • I April 26, 2007 �• . OiC!+F141VE COLORADO r:4-30-0-7 f l The Weld County Department of Planning Services has received the following item for review: Applicant Gregory & Lisa Balmes Case Number AMRE-4283 Please Reply By May 24, 2007 Planner Jacqueline Hatch Project . • - . Amended Recorded Exemption Legal Lot A and Lot B of RE-4283, part of the NE4 of Section 6,Ti N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile west of CR 3 and south of and adjacent to State Highway 52. For a more precise location, see legal. Parcel Number 1467 06 100057 & 1467 06 100058 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Li We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature C C /5i 7Cr 7 Agency C9 �� fJ�r ee 9- Date 4•Weld County Planning Dept. 44209 CR 24.5,Longmont,CO 80504:•(720)-652-4210 ext.8730 4(720)652-4211 fax 05/04/2007 09:47 30392626 TOWN OF ERIE Q PAGE 01 . Weld County Referral t „ April 26, 2007 COLORADO The Weld County Department of Planning Services has•received the following item for review: • Applicant • Gregory&Lisa balmes • Case Number AMRE-4283 Please Reply By May 24,2007 • Planner • Jacqueline Hatch Project . . Amended Recorded Exemption • • Legal Lot A and Lot B of RE-4283,part of the NE4 of Section 6,T1 N, R68W of the 6th • P,M..Weld County, Colorado. Location • • Approximately%mile west of CR 3 and south of and adjacent to State Highway • • 52. For a more precise location,see legal. • , Paroel Number 1467 06 100067 & 1467 06 100058 • • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. My response not received before or on this date may be deemed to bee positive response to the Department of Planning Services. If you have•anyfurther questions regarding the*application, please call the Planner associated with the request. Please note that new information-may be added to applications under review during the review process. It you desire to • examine or obtain this additional Information,please call the Department of Planning Services. a We have reviewed the request end find that it does/does pot comply with our Comprehensive Plan • We have reviewed the request and find no conflicts with our interests, See attached letter. • Comments: • • • Signature ' t,*010 6�1 tj�� • UMY 3, 7004- Agency TawN. OP eta • C 'MM. Date +Weld County Planning Dept. 64209 CR 24.5,Longmont,'CO 80504.t(720)652.4210 ext.8730 +(720)652.4211 fax 05/03/2007 12:31 TOWN 0 FREDERICK + 7206524211 NO.03B 801• • . Weld County Referral . . April 26, 2007 RECEIVED APR 80 200'1 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant 'Gregory&Lisa Balmes • Case Number. AMRE-4283 Please Reply By May 24,2007 Planner Jacqueline Hatch Project Amended Recorded Exempt!on • Legal Lot A and Lot B of RE-4283, part of the NE4 of Section 6,Ti N, R68W of the 6th P.M.,Weld County, Colorado. Location • Approximately 1/2 mile west of CR 3 and south of and adjacent to State Highway • 52. For a more precise location, see legal. Parcel Number 1467 06 100057 & 1467 08 100058 • m _ - . • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have-any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does pot comply with our Comprehensive Plan CS-- We have reviewed the request and find no conflicts with our interests, • Q Sea attached letter. • • Comments; • . Signature 3/41 • Agency IJWrl fr Date ' I +Weld County Planning Dept 04209 CR 24.6,Longmont,CO 60504 •(72D)6524210 ext.8730 +(720)652-4211 fax • 14, Met D E C E o ,1. County Referral MAY 2007 April 26, 2007 COLORADO WELD COUNTY PUBLIC WORKS DEPT The Weld County Department of Planning Services has received the following item for review: Applicant Gregory & Lisa Balmes Case Number AMRE-4283 Please Reply By May 24, 2007 Planner Jacqueline Hatch • Project Amended Recorded Exemption Legal Lot A and Lot B ott E-428 , part of the NE4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile west of CR 3 and south of and adjacent to State Highway 52. For a more precise location, see legal. Parcel Number 1467 06 100057 & 1467 06 100058 � a The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑, We have reviewed the request and find no conflicts with our interests. Pjo See attached letter. Comments: Signature eat 0j47 Agency fi t as / Date +Weld County Planning Dept. :•4209 CR 24.5,Longmont,CO 80504 :•(720).652-4210 ext.8730 •(720)652-4211 fax Q. WeldCoenty Nanning Department GREELEY OFFICE MEMORANDUM MAY 0 7 2007 ret CEIVE TO: Jacqueline Hatch, Planning Services DATE: May 4, 2007 FROM: Donald Carroll, Engineering Administrator 9AC" C SUBJECT: AmRE-4283, Gregory and Lisa Balmes COLORADO The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: REQUIREMENTS: Utilize the existing access to this parcel. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 52) The easement shall be a graded and drained road to provide an all-weather access. The applicant shall place on the plat drawing: 30-foot access easement across Lot B for the benefit of Lot A on case AmRE-4283. pc: AmRE-4283 M:\PLANNING — DEVELOPMENT REVIEW\RE-Recorded ExemptionWmRE-4283.docM:\PLANNING — DEVELOPMENT REVIEW/WE-Recorded Exemption\AmRE-4283.do c • •:. d Q © �,` ' ff & lig Weld County Referral I April 26 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant. Gregory & Lisa Balmes Case Number AMRE-4283 Please Reply By May 24, 2007 . Planner Jacqueline Hatch Project Amended Recorded Exemption Legal Lot A and Lot B of RE-4283, part of the NE4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile west of CR 3 and south of and adjacent to State Highway 52. For a more precise location,see legal. Parcel Number 1467 06 100057 & 1467 06 100058 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. • Comments: Signature _ C S / 0-(97 Agency fs/1 9 XVu IO . Date +Weld County Planning Dept. +4209 CR 24.5,Longmont,CO 80504 4•(720).652-4210 ext.8730 +(720)652-4211 fax 6 KiCit-- Cs) n DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH4 FFICE I 918 10`h Street GREELEY, COLORADO 80631 C. PHONE (970) 353-6100, EXT.3540 W I FAX (970)304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 • FAX (720)652-4211 May 18, 2007 AMRE-4283 Amended Recorded Exemption. AMRE-4283 1. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements the Weld County Code do not need building permits, however a Certificate of . Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical or water for watering or washing of livestock or poultry. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. • Plans may require the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code;2006 International Fuel Gas Code;2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings,construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from Mountain View Fire Protection District prior to new residential construction. 8. There is one active building permit on record for parcel 146706100057. Sinc ely, o er igil Building Official . Service,Teamwork,Integrity,Quality VWWU ouuuty rlanfnng Ueparffnent SOUTHWEST BUILDING Q MAY 1 5 2007 ® , 4130I03- RL'C22VED Weld County Referral April 26, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gregory& Lisa Balmes Case Number AMRE-4283 Please Reply By May 24, 2007 Planner Jacqueline Hatch Project Amended Recorded Exemption Legal Lot A and Lot B of RE-4283, part of the NE4 of Section 6,Ti N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile west of CR 3 and south of and adjacent to State Highway • 52. For a more precise location, see legal. Parcel Number 1467 06 100057 & 1467 06 100058 w The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the.application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. 421 See attached letter. Comments: Signature ^ ( r� /i4Ic�a Agency \ YY1A l5 P �tp 0 � Gl Date ••Weld.County Planning Dept. 4.4209 CR 24.5, Longmont,CO 805104,••(720).652-4210 ext.8730 :•(720)652.4211 fax MOUNIk4, CRVIOUNTAIN VIEW FIRE PROTEtTION DISTRICT Administrative Office: li1h�' s 9119 County Line Road•Longmont, CO 80501 9 (303) 772-0710• FAX (303) 651-7702 VIEW May 14, 2007 Ms. Jacqueline Hatch Weld County Planning Department 4209 Weld County Road 24.5 Longmont, CO 80504 Dear Ms.Hatch: I have reviewed the submitted material pertaining to the amended recorded exemption for the Balmes property, located at 752 Highway 52 (Case Number: AMRE-4283). The Fire District does not object to the request, but does have the following comments and requirements should a residence be constructed or a modular home be installed on the parcel created: • All construction shall be in accordance with the provisions of the Fire Code, as ratified by the Weld County Commissioners, and all other codes and ordinances, as enforced by Weld County. • Water supply for fire protection is required for single-family dwellings in excess of 3,600 square feet or placed on a lot that is less than 2.5 acres. In this case, it should be noted that water supply for fire protection is available from fire hydrants that are located along the 30 ingress/egress easement. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303)772-0710. Sincerely, - C . The( C LuAnn Penfold Fire Marshal LMP/lp cc: project file Ip05.13.07 Station 1 Station 2 Station 3 Station 4 Station 5 Station 8 Station 7 9119 Cnty Line Rd. 14308 Mead St.,Unit B P.O.Box 675 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Nlwot,CO 80544 80026 80516 Dacono,CO 80514 RECEIVED Weld County Referral • MAY 01.2001 April 26, 2007 C• ENVIR0 SERVICES HEALTI COLORADO • The Weld County Department of Planning Services has received the following item for review: Applicant Gregory &Lisa Balmes Case Number AMRE-4283 Please Reply By May 24, 2007 Planner Jacqueline Hatch Project Amended Recorded Exemption Legal Lot A and Lot B of RE-4283, part of the NE4 of Section 6,Ti N, R68W of the 6th P.M., Weld County, Colorado: Location Approximately''/Y mile west of CR 3 and south of and adjacent to State Highway 52. For a more precise location, see legal. Parcel Number 1467 06 100057 & 1467 06 100058 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions • regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. yU We have reviewed the request and find that it does/does not comply with our Comprehensive Plan , fEt' We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature 5✓97/�(J'/ Agency APA45)We'llQN aE Date ❖Weld County Planning Dept. :•4209 CR 24.5,Longmont,CO 80504.4(720).652-4210 ext.8730 +(720)652-4211 fax Page 1 of 1 Jacqueline Hatch From: Debbie Blandin Sent: Monday, May 21, 2007 3:28 PM To: Jacqueline Hatch Subject: AmRE-4283 Jacqueline, I have reviewed this application and find no conflicts. Deb 05/22/2007 Tie u Uuu;,iy Plaiiriiag utparturent ., .. ,AaSOUTHWEST BUILDING t . 6 o OP MAY 1 5 2007 k - e hl Co April 26, 2007 • COLORADO ' • The Weld County Department of Planning Services has received the following item for review: Applicant :Gregory & Lisa Balmes Case Number AMRE-4283 Please Reply By May 24, 2007 Planner Jacqueline Hatch Project . Amended Recorded Exemption Legal Lot A and Lot B of RE-4283, part of the NE4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location Approximately'A mile west of CR 3 and south of and adjacent to State Highway 52. For a more precise location, see legal. . • Parcel Number 1467 06 100057 & 1467 06 100058 The application is submitted to you for review and recommendation. Any comments or recommendation you • consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and findthat it does/does not comply with our Comprehensive Plan ❑ W ave reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature � � 7 5_./(Y0 7 Agency _/ r/iL/"'ha"— ate +Weld County Planning Dept. 44209 CR 24.5,Longmont,CO 80504 .4(720).652-4210 ext.8730 4(720)652-4211 fax . P� O 0 U.S. Department Denver Airports District Office of Transportation 26805 East 68th Ave., Suite 224 Federal Aviation Denver, CO 80249-6361 Administration (303)342-1250 May 11, 2007 Ms. Jacqueline Hatch Weld County Planning Dept. 4209 CR 24.5 Longmont, Colorado 80504 Dear Ms. Hatch: Re: Case No. AMRE-4283 The Federal Aviation Administration (FAA) comments on proposals through the submittal of FAA form 7460-1 (Notice of Proposed Construction or Alteration). I was unable to ascertain where this proposal was in relationship to the nearest public use airport. If this proposal is within 20,000' of a public use airport, and meets the criteria in the attached advisory circular, the proponent should file a 7460-1 with the FAA. I have attached a 7460-1, which can be filled out and returned to: Federal Aviation Administration Express Processing Center Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, Texas 76137-5298 The proponent may also fill out on the 7460-1 on line (www.oeaaa.faa.gov). There is also a tool on this website to determine whether or not the proponent needs to file a 7460-1. Please feel free to call me at (303) 342-1251 if you have any questions. Sincerely, a6/1/40.z, Marsha Hofer Program Specialist Q NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION "' §77.13 Construction or alteration requiring notice. §77.15 Construction or alteration not requiring notice. (a) Except as provided in §77.15, each sponsor who proposes any of the No person is required to notify the Administrator for any of the following following construction or alteration shall notify the Administrator in the form and construction or alteration: manner prescribed in§77.17: (a)Any object that would be shielded by existing structures of a permanent and (1)Any construction or alteration of more than 200 feet in height above the substantial character or by natural terrain or topographic features of equal or ground level at its site. greater height, and would be located in the congested area of a city, town, or (2)Any construction or alteration of greater height than an imaginary surface settlement where it is evident beyond all reasonable doubt that the structure so extending outward and upward at one of the following slopes: shielded will not adversely affect safety in air navigation. (i) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of (b) Any antenna structure of 20 feet or less in height except one that would the nearest runway of each airport specified in paragraph(a)(5)of this section increase the height of another antenna structure. with at least one runway more than 3,200 feet in actual length, excluding (c) Any air navigation facility, airport visual approach or landing aid, aircraft heliports. arresting device, or meteorological device, of a type approved by the (ii)50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the Administrator, or an appropriate military service on military airports,the location nearest runway of each airport specified in paragraph (a) (5) of this section and height of which is fixed by its functional purpose. with its longest runway no more than 3,200 feet in actual length, excluding (d)Any construction or alteration for which notice is required by any other FAA heliports. regulation. (iii)25 to 1 for a horizontal distance of 5,000 feet from the nearest point of the §77.17 Form and time of notice. nearest landing and takeoff area of each heliport specified in paragraph(a)(5) of this section. (a)Each person who is required to notify the Administrator under§77.13(a)shall (3)Any highway,railroad,or other traverse way for mobile objects,of a height send one executed form set of FAA Form 7460-1, Notice of Proposed which, if adjusted upward feet for an Istewaytf hway et part f a of the Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional National System of Military and Interstate Highways where ovethat is ossings are Office having jurisdiction over the area within which the construction or alteration designed for a minimum of 17 feet vertical distance, 15 feet for any other public will be located. Co• pies l FAA Form 7460-1 may be obtained from the roadway, 10 feet or the height of the highest mobile object that would normally headquarters of the Federal Aviation Administration and the regional offices. traverse the road, whichever is greater, for a private road, 23 feet for a railroad, (b)The notice required under§77.13(a)(1)through(4)must be submitted at and for a waterway or any other traverse way not previously mentioned, an least 30 days before the earlier of the following dates— amount equal to the height of the highest mobile object that would normally (1)The date the proposed construction or alteration is to begin. traverse it,would exceed a standard of paragraph(a)(1)or(2)of this section. (2)The date an application for a construction permit is to be filed. (4)When requested by the FAA,any construction or alteration that would be However,a notice relating to proposed construction or alteration that is subject to in an instrument approach area (defined In the FAA standards governing the licensing requirements of the Federal Communications Act may be sent to •instrument approach procedures) and available information indicates it might the FAA at the same time the application for construction Is filed with the Federal exceed a standard of Subpart C of this part. Communications Commission,or at any time before that filing. (5)Any construction or alteration on any of the following airports(including _ heliports): (c) A proposed structure or an alteration to an existing structure that exceeds (i) An airport that is available for public use and is listed in the Airport 2,000 feet in height above the ground will be presumed to be a hazard to air Directory of the current Airman's Information Manual or in either the Alaska or navigation and to result in an inefficient utilization of airspace and the applicant Pacific Airman's Guide and Chart Supplement. has the burden of overcoming that presumption.Each notice submitted under the (ii)An airport under construction,that is the subject of a notice or proposal on pertinent provisions of this part 77 proposing a structure in excess of 2,000 feet file with the Federal Aviation Administration,and except for military airports,it above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing, directed to meeting this burden.Only in is clearly indicated that that airport will be available for public use. (iii)An airport that is operated by an armed force of the United States. exceptional cases, where the FAA concludes that a clear and compelling , showing has been made that it would not result in an inefficient utilization of the (b) Each sponsor who proposes construction or alteration that is the subject of a airspace and would not result in a hazard to air navigation,will a determination of notice under paragraph (a) of this section and is advised by an FAA regional no hazard be issued. office that a supplemental notice is required shall submit that notice on a -prescribed form to be received by the FAA regional office at least 48 hours before (d) In the case of an emergency involving essential public services,public health, the start of construction or alteration. or public safety that requires immediate construction or alteration, the 30 day (c) Each sponsor who undertakes construction or alteration that is the subject of requirement in paragraph(b)of this section does not apply and the notice may be a notice under paragraph (a) of this section shall, within 5 days after that sent by telephone, telegraph, or other expeditious means,with an executed FAA construction or alteration reaches its greatest height, submit a supplemental Form 7460-1 submitted within five(5) days thereafter. Outside normal business notice on a prescribed form to the FAA regional office having jurisdiction over the hours, emergency notices by telephone or telegraph may be submitted to the region involved,if— nearest FAA Flight Service Station. (1) The construction or alteration is more than 200 feet above the surface (e) Each person who is required to notify the Administrator by.paragraph (b) or level of its site;or (c)of§77.13, or both,shall send an executed copy of FAA Form 7460-2, Notice (2) An FAA regional office advises him that submission of the form is of Actual Construction or Alteration, to the Manager, Air Traffic Division, FAA required. Regional Office having jurisdiction over the area involved. ADDRESSES OF THE REGIONAL OFFICES Alaska Region Eastern Region Northwest Mountain Region Southwest Region AK DC,DE,MD, NJ,NY,PA,VA,WV O, ID, MT, OR, UT, WA, WY Aft LA, NM, OK, TX Alaskan Regional Office Eastern Regional Office hwest Mountain Regional rem Southwest Regional Office Air Traffic Division,ML-530 Air Traffic Division,AEA-520 Air c Division - 0 Air Traffic Division,ASW-520 222 West 7th Avenue JFK International Airport 1601 Lin e,SW 2601 Meacham Boulevard Anchorage,AK 99513 Fitzgerald Federal Building Ren , A 9 4056 Fort Worth,TX 76137-0520 Tel: 907-271-5893 Jamaica,NY 11430 .425-227-2520 Tel: 817-222-5531 Central Region Tel: 718-553-2616 9 Southern Region Western Pacific Region • IA,KS,MO,NE Great Lakes Region AL,FL,GA,KY,MS,NC,PR, HI,CA,NV,AZ,GU Central Regional Office IL,IN,MI, MN,ND,OH, SD,WI SC,TN,VI Western-Pacific Regional Office Air Traffic Division,ACE-520 Great Lakes Regional Office Southern Regional Office Air Traffic Division,AWP-520 • " 60East 12th Street Air Traffic Division,AGL-520 Air Traffic Division,ASO-520 15000 Aviation Boulevard Kansas City,MO 64106 2300 East Devon Avenue 1701 Columbia Avenue - Hawthorne,CA 9D260 Tel: 816-426-3408 or 3409 Des Plaines,IL 60018 College Park,GA 30337 Tel: 310-725-6557 Tel: 847-294-7568 Tel: 404-305-5585 New England Region CT, MA, ME, NH, RI, VT New England Regional Office Air Traffic Division,ANE-520 12 New England Executive Park © p U.S. Department ADVISORY of Transportation Federal Aviation CIRCULAR Administration AC 70/7460-2K Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace iL VIN r_411/44,s Effective: March 1, 2000 Prepared by the Air Traffic Airspace Management Program ' 1 / Er lb 1 I O —\%*----.......y.k, :., .. 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A YOJ Lt f b ...o Ey I $'• e 4- 6 , 4 EDI a 4 mxsum E2 a m (al.ux. T Jh '1t II ,s 1 j6 =IfI 151 1 ^ l 5I i '4!. A ca, !! yy Co) WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: RE#: lo-F A< 6 AMPS-"-la`b3 Other Case#: 1. Applicant Name Corgbor'i Esi 6010-40.3 Phone 33-A3f-(Ot-t3 Address --Ord---7 e R. FJlecfioel Or City Er;-e---. State C Zip $oS Tea 2. Address or Location of Access 1 t 5 14 5 a e'ri t _CO 80S( C. Section ec, Township O Range OS LJ Subdivision Block Lot 4%.t re-, Weld County Road#: 3 Side of Road S F15 2— Distance from nearest intersection Arc rox t« -C e-b 3. Is there an existing access to the property? Yes X No #of Accesses l 4. Proposed Use: }�,� ❑ Permanent 2( Residential/Agricultural 0 Industrial ❑ Temporary 0 Subdivision 0 Commercial 0 Other *#***#****t*****RRRt*R*****#**R*#****#**#*#*#t*#*t*********t*t**t#t******t*t*****t**##***#**#***#******R******##**#*##*##*#*#** 5. Site Sketch Legend for Access Description: AG = Agricultural Sit 5Z RES = Residential V O&G = Oil&Gas 716 8f§2 D.R. = Ditch Road 44.3 O = House Cam 'w71' ry 0 El = Shed A F ^{ artf A =Proposed Access V k'V 0 A = Existing Access ele, . fig: . 4 2ItIa Nivi a ----__7 ****#*##*#*#*****LR#*Rtt***#*****##*#**##i***t# -1 r- RoadOFFICE USE ONLY: ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Balmes The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: See Attached Exhibit "A" CONVEYANCES (if none appear, so state): Reception No. 1543109 , Book 621 Reception No. 2184362 , Book 1237 Reception No. 2333369 , Book 1383 Reception No. 2333370 , Book 1383 Reception No. 2333371 , Book 1383 Reception No. 2333372 ,Book 1383 Reception No. 2348027 , Book 1399 Reception No. 2350570 , Book 1402 Reception No. 2353061 , Book 1404 Reception No. 2364423 , Book 1417 Reception No. 2367045 , Book 1420 Reception No. 2610621 Reception No. 2632223 Reception No. 2842037 Reception No. 2909285 Reception No. 2925556 Reception No. 3050598 Reception No. 3061392 Reception No. 3280245 Reception No. 3325414 Reception No. 3370796 Reception No. 3433384 Reception No. 3433385 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. © O It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 27th day of March, 2007 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY BY: flt k , Kerri Allison Title Examiner EXHIBIT "A" LOTS A AND B OF RECORDED EXEMPTION NO. 1467-06-01 RE- 4283, AS PER MAP RECORDED MARCH 15, 2006 AT RECEPTION NO. 3370796, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. rt�rK , fL`•S7ff ru rNf , �.. t u-.;.f �,f 4 sw w.,4� at: ,rr ,._ ' ' n1:} . , +� � h er{ NtI ,fp4,at a' ..1..i:s�,..., .. , ,. .L�.. a':::n:rswH•�.e + i.).a... . = ' ':•:1:11.04k1•,..4,40f� e { `S ot.: '� t 5�f1 1{ i fyppd®!1 -0 �5yufa ,I 1;a 3 2 yi ii _ ;it:trri .k4 "�$ �� ° 'b 3 smabs.a N. '. N44e 1rmua—lr,caim ' . •fir ilk v I . fi. t. i { ATVx4apli7m aY1Y1P * iq' y I reru 'P10, '". t }s e 4 .Y)t ¶111 DUO, Ldade,•Ibis and dc7'*(. .. ;,,,,• yii.�`,+� � • �f j` � r'' I Pabruary h we Peer's!ser Lai see theme. 3 ikon:mean 1 L5t'' +�! 'RggFf,v. 'l'4' ,�` alily I. i r bpi }� '"-•`.• rd seventy hetwsam 4* {'VW?, i. . • ( ties ei j 'v EVA rosin ,. 4 . -i . � �tl ' S ii till O.n?e! Weld sal tyljt7, { 1 t Ia Ir >3 " i'! a ®w.el a,Fnade,.f Vie flml part,.a! t fc'( t,,S{Ah , i5a • r •«-It SENNETH E, KOCH and SHERRY E. KOCH kt .r a at!An Ooaty s Vold a 4 t4sb et Oadeetly s!W meet NNt :2! ,I+r a ('• , i f v t �`• �� o Rf1Nffi+O9Tii,T41 Om odd •.:r feel y .s tM flni pert,far sad le leaide ado.al w ass s! � sup' j yen�Ma ,i - 0 { :-. o other good and valuable'coneideration'and 1121 AND NO/100 ':',.}..`,.:4.44 I `� 71''51, r ( I ii `lit\k, ✓rt (".yin .4 + 9 • . pk� bite mid party a!the Elm pa rt la!toad Petri urf W rid part ie■ s!the woad pert, tie # r i Ii « ij, tFr, f i , r2 ? iP 3 y °. •` man eta',.f M hereby caalased sad erkoswiedssd,4s granted,47abei,add sad eearge1, i • ,. d "I ' + .; !� ,₹ I s{. in sad b Nam peones doe. ena4 tiaras*erg,soar?and*corm so:)tSe acid put lee ad the t ' R 1' '4.,c ..I fS , i- i(r 4 sawed part, theirbdre and Nedra fanner, all till h1b'slag duafbed 101 lye pond . of r r v' rl/LIS 1j' v 2L r.. t,R1,�'a e,�r`' 4 tine load,dlwxbr d7'•r+t and being b,tba OaeeV of held reed '+vj'1. ON c4' gym.ei Gam, ,waif: • • '+4Gijvr q Mira • r , Li.tr.PL No, I t - a4P a s . M1 nIS S'na sent half (Ek) of the northeast quarter (NE4) and the aouthesat guar- t e' 1 ' b��y'� ter (5Ek;) of eection six (6), in township one (1) north, of range sixty- ' l+ 'y1<te aft,, sight (00) west of the 6th P.N.; and all that part of the southwest },'.k}tjIr t . quarter (648) of notion five (5), in toa,ehip one 0.) north of range y16q `6� { 'F[ h OIL�'. sixty-eight (68) west of the 6th P.H., described as follow: Commencing 4 vY r • at a point on the southwest corner of said quarter section; thence north rt�`yb;k ' t r 1{ on the vest line of maid quarter section, 2240 feet; thence east 300 feet; iyb f ' It . I ' thsaoe acuth 23° east to point on the south lino of said section L ,,, `,;1 ,9 I. ' 1295. 5/7tha feet east of the southwest corner of said quarter section; , r5, a t -• ' + thence vest 1255. 5/7ths fowl a).ong the south line 'of maid quarter 5. 13 ,1+a' r ' Pd ') : I section to the point of beginning. •'t ,(,(f Vi e f f • yrr V appertaining to amid premises,' P' �` sir •' . h'f rtr,,,yy{1.•�.,+:. ' Together with all ditch and meter rights apW D .t jivi i4F4.; ��` �,)5 ( including 6.6 'bares of the pr.farred capital stock of The Consolidated ltbu t;i, J 1eI. Lower Poulder Reservoir and Ditch Company, 95 shares of the capital � f " e9's 1J+ r stuck of The Layrnr Cottonwood Coneclld.ted Ditch Co., A !b!rms al the fill 'er• " capital stock of The Erie Coal Creak Ditch and Reservoir Company, and t �'1� '' '.�'5 `f4"' }' 50 acts foot units of water as allotted to said premises by the Northern ,, x&)r '"" T Colorado Water rnn°zrvancy District. • ' � fIL Ot i i Subject to- reservations of record conts.lned in Patent from the United ' g �7 States of America and any reservations contained in deeds iron the Union , t r klY T7"r { I Pacific, Relined Companyand in deed recorded in Rook 162 at yoga.73 of r' , r I I n, Ymi4 County records. • An • ran' -_" ' 16A. r� Y 1• 2,0.,J'1j PARCzt4 110, 2 t • t+s) , , The ewthw.st quarter (8wO) of section five (5), in township one (1)r t 12 u ( .1-5 ;.I f{ north, of range sixty-eight (66) west of the 6th P.N., except a portion 2 •n ° 7 •(.J . t'\ e of said M4 of said caption 5 described os follows: enneoitoing at ■ , y+�°r 4 . •Fla point on the southwest learner of said quarter section; thence nort on vi, v •7 the west line of said quarter emotion, 229 feet; thanes east 300 f st; n r st ,+ .,4. F^rt$b63]!A4_ , ' thence south 23° east to ■ point\an the south line of said seetf• 1255.5/7the fast east of the southwest comer of maid quarter"section; 1 'y� +' thence wet:. 1655. S/7ths fast along the south line of said Quarter e , yt 'giiStaf{�iyriti 1 section to il:s. point of beginning. + wary t '++ l?1st c :. Togethei•gwith al'1 ditch sod water rights appertaining to said premise 'S inoludin 6 'hers' of the capital stook of The Erie Coal Creek Dit°h/tdw- lcl r ° ''' pay, 25 ihares of the capital stock of The Lyner Cottonwood Consolidat s i fr� (r1. , ' „itch ea, and 50 ecru foot units of water as allotted to amid premises f l} � Ni i • • 14 . r"4 s sqf I ti. , Ma ea3. wiH/Yn fl - na'Oa.aka Name,.teas IRIS,M.,,Me,M.am.e..-. . • F 36 'F 1. • 1):. },j{��rW��;,• .L +� ; aft • 1 , ., 41f ' f wt i ....'-.z}:�� 1 ( nrs7;..nr 'arpy..t.i. __s.. .$• ai,e..,.a..._ .u..r ..._u._a ,.a.._ ._.J..i,,2„i.w-.w.'t._ajd 1 in.�1 W, ,, . j y', 1 ^ert'�1r le d1�jr,r `4 .p�yy y ,{�,p� ' M14r �aa Aii,i.r'Y .... ky'r Y Pg rl. 0 0 V r k T It 4 ht QJ�, • • /� ^� !� iu { l A t Tau wr•Awarrfspun tea,,pI adadnlub tabs,and tth.bd.WwaLtdM+llsd i+ui Mnl'sne'^drl ]sry.'�( �{ta Va1:. y.i;'iax' and lekv&1r11 asap G nl IAI 1 naln W.. ewaaar4adlen o(r:m iah.ber+w.',Si»sr ynn aaa;,n,• i+{min w*a. �*1} tir yAds p�'tt t''<lastmU 14tPNYand.1 nags sa In Hu on w ra We.f P+:ae'.est Pabilm rtb SI stO e a )� r+y; Maid tlu rrsa.Rl a this saws.was peal and d lna nv�!••C•1 dd4si ad-Slim at at sin Iuca»» . . ,Z ,1 k>a f !I a Stn ran lbs adds d di le»arid. 'J 1Glaf.y{)f 5 Sl� { f f Y ll} }y)�)�� i , I.Ts alma ulmrWSgal tan drew wt/maOeaa Sad 4 I f•.an llbka.A.w Ali rYAyap YFo1 �(la �'il yiLA' r ^ . lulls wtdt—anc ...Asti be ot..dd b Mat rd ma ba Ada aq Wa eapindsm.;ws sr r6..gduW ) 1 .L! �•�,� man ha.Wal wow,I ma sa prewar a wadsabraA by km,ma Sr dada mal dui arse Jolty / �ri rl ':I rladdtfee^i end added boar Sava dGwsym •l i'r i pai t i C I r l�'1 TO nap.hs*a.s lolrlN/ra L.a Jdddala wa671a1wr add aalywadtltellfa.a• Ya{•t h1)$t�U,g `q�,b • I .C masr IWaI a1 Lora Winn .w u1 t i �fleN`(! ;C tl r"1,{[IQ! bail at la as k a aistan oa Rayt.Lars ISM}dames wA as w*atlas sA awl Swami Ibsen k e h Y , I .j J4 mMs id isNeaiss land uturiniatus P'. 1. yWI lid at7 �i stal faros l del el W'..Strata.woad area bus dal be amass*iw ul WY ba and bee Weal r dads p W Seri* 'Pi:fit?'C4�' 3rd ! {}1�� ma sopadYJm ad ass a weNwWWl w,wwbl. • �,I+RMa> t ybi Y • ; • ��y"',,' t b U • wJ SW t twr+Is tel reel Ids lW ar' Pi¢ C" I{ ai 1f lr7b 1TM 1Hc menace aria mlF4Wasacs tad asaeTbamsbaya dsale,aslnW± ea n.r ir.raftd sand u l tt'IW ',if a �l rt Il ass faerwtw sal pod ya:da al al ad vs a arias data tad o'am fad sae n"'^� ,.k' v t n' asdlptt char14.saibr d,ashy Vatba nand,ml al w sansmnrpad•a.w std.54 an ake-,ratan ay base earl . i y, ..441,i14ll I r �4pJ GLICergta,ss>uuna,l utttadnlandale;hdlas ofd rasps,Ma ad dads daltebeetw WW rare.'.11doW,rItli and r, t 11;lP l✓ I ad 1 )� rp aAA Wlfad a,ulmww.Wda this l>v pra.FxvWA.r¢bn:bo.4l:dnq,e,Nd nLI mad fan Santa U. .,.ct k+a lad.445 bIWwiW,a�Fn .--t:. t�k.r, el t3 I I r b r III.TWaot'J)es *fl,-r.Lnszfc real acts.M say�lm Mitaq,wi all worlasd a ft to Yawn*wyaa,.lr,a ay I' I it gold'j Pas W.bha1,,MIJ4w1Y1 sa a'a•Sw RM'at wbasts rnl•�.IGwda bh`Ib1aN S.aldslwad arddl dl'n salad �d.sordid dtarW Wel' y/y V74y�++�' r�pt mama,dilxacs.dM ad dn.nil a AL4IS au n rata brad adman ebal be atpa&WIS. a u plead • t �W I�Iti'iSt43 va is Gdeb:an.balrtsq M•rw,lad send,am Saloon If'aipwm,n drat'at+4uwSeyaaq pvdw d au. 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B 123EC 02184362 06/30/89 15:5O $9.00 1/003 F 0292 ARY ANN FEUERSTEIN CLERK $ RECORDER WELD CO, CO AR2164362 QUIT CLAIM DEED THIS DEED, made this Zo day of J w✓c- , 1989, between Si State Machinery Of Greeley, a corporation duly organized and existing under and by virtue of the laws of Colorado, party of the first part, and Shirley E. Koch and Kenneth E. Koch, whose legal address is 5665 Weld County Road 3, Erie, Colorado 80516, of the County of Weld and State of Colorado, party of the second part, WITNESSETH, that the said party of the first part in order to effect a partial release of that certain Judgment Lien created by the filing of a Transcript of Judgment, from the Weld County District Court in Civil Action No. 87CV16, in the office of the Weld County Clerk and Recorder on July 13, 1988, in Book 1202, at Film 1175, under Reception No. 02147948, and on July 27, 1988, in Book 1203, at Film 1703, under Reception No. 02149357, on account of that certain Judgment entered on February 24, 1987, in the amount of $11,970.40, does remise, release, sell, convey and Quit Claim, and by these presents does remise, release, sell, convey and Quit Claim unto the said parties of the second part, their heirs and assigns forever, all the right, title, interest, claim and demand which the said party of the first part has, as a result of said Judgment, in and to the following described property situated in Weld County, to wit: 1. The Real Property set forth on Exhibit "A". 2. 7.0 shares of the preferred capital stock of the Consolidated Lower Boulder Reservoir and Ditch Company. 3. 15.0 shares of the capital stock of the Base Line Land and Reservoir Company. To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, either in law or equity, to said parties of the second part, their heirs and assigns forever. .•.1.""......, "st Jc BI STATE MACHINERY OF GREELEY r P ; a. ;%m :. By / �P e � •� John L. Andersen, President 'O..BO• rS .r tar .7 Secretary SKLD LG 172 . 20 . 16 . 44 WE 2184362-1989 . 001 • • 8 1237 R 2184362 06/30/89 15:58 ($9.00 2/003 F 0293 MARY ANN FEUERSTEXN CLERK & RECORDEP WELD CO, CO STATE OF COLORADO ) ) SS . COUNTY OF WELD The foregoin instrument was acknowledged before me this 30` day of uurna. by John L. Anderson, as President, and P h a,5 . B. '' P,e r r y , . as .Secretary, of Si State Machinery of Greeley, a Colorado Corporation, on behalf of the Corporation. WITNESS my hand and official seal. My commission expires: 02-07,-1- 93 att ,0", "1A C ai d c , No ary b1.ic 0/tee A R Y: 430 Sidi %;ac;t<x.i . *I A''' 1•�; ' • a 8063 / IPA‘Pr,.4 r " Address Notary GF • SKLD LG 172 . 20 . 16. 44 WE 2184362-1989 . 002 B 1237 QC 02184362 06/30/89 15:58 $9.00 3/003 F 0294 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXEEABLI"A" LEGAL DESCRII I1ON The West 1/2 of Section 5 and the E 1/2 of the NE 1/4 and the SE 1/4 of Section 6,Township 1 North,Range 68 West of the 6th P.M.,Weld County, Colorado,EXCEPT a tract of land conveyed to the Department of Highways,State of Corrado,in Warranty Decd recorded April 4, 1963„in Book 1643 et Page 52,being more particularly described as follows: A tract or parcel of land in the NE 1/4 of the NE 1/4 of Section 6,Township 1 North,Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the East Ike of Section 6,Toraship 1 North, Range 68 West, from which the Northeast corner of Section 6 Bears N 1°21'30"E,a distance of 97a feet; 1. THENCE along the East line of Section 6,N 1°21'30"E,a distance of 97.9 feet to the Northeast corner of Section 6; 2. THENCE along the North line of Section 6,5 89°09'30"W,a distance of 1,314.7 feet to the Northwest corner of the NE 1/4 of the NE 1/4 of Section 6; 3. THENCE along the West line of the NE 1/4 of the NE 1/4 of Section 6,S 1°1T W,a distance of 83.6 feet; 4. THENCE N 89°47 30" E a distance of 2481 feet; 5. THENCE along the arc of a curve to the left,having a radius of 7,700.00 feet, a distance of 618.2 feet (the chord of this arc bears N 87°29'30"E,a distance of 618.0 feet); 6. THENCE N 85°11'30"E,a distance of 181.2 feet; 7. THENCE N 85°51'E,a distance of 191.1 feet; 8. THENCE S 43°38'30"E, a distance of 70.7 feet to the West right of way line of the County Road,as located September 1962; 9. THENCE S 88°38'30"E,a distance of 28.7 feet,more or less, to the POINT OF BEGINNING. Also EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, In Warranty Deed recorded April 4,1963,in Book 1643 at Page 60,being more partiraadary described as follows A tract or parcel of land in the N 1/2 of the NW 1/4 of Section 5,Township 1 North,Range 68 West of the 6th P.M.,said tract or parcel being more particularly described as follows: BEGINNING at a point on the West line of Section 5,Township 1 North, Range 68 West from which the Northwest corner of Section 5 bears N 1°21'30"E,a distance of 372 feet; 1. THENCE along the West line of Section 5, N 1°21' 30" E, a distance of 37.2 feet to the Northwest corner of Section 5; 2. THENCE along the North line of Section 5,S 89°3T 30"E,a distance of 2,663.9 feet to the Northeast corner of the NW 1/4 of Sedion 5; 3. THENCE along the East line of the NW 1/4 of Section 5,SW 03'IS"W,a distance of 122.0 feet; 4. THENCE N 87°48'W,a distance of 2,393.4 feet; 5. THENCE N 83°58'30"W,a distance of 154.1 feet to the South right of way line of S.H. No.52, as located September 1962; 6. THENCE along the South right of way line of S.H.No.52, as located September 1962,N 89°29'W, a dioance of 80.0 feet; 7. THENCE S 45°31'W,a distance of 9.9 feet to the East right of way line of the County Road,as located September 1962; 8. THENCE N 89°29'W,a distance of 32.6 feet,more or less,to the POINT OF BEGINNING, SKLD LG 172 .20. 16. 44 WE 2184362-1989. 003 B 138aC 02333369 05/18/93 16:1? $40.00 1/008 F 1250 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO a R 233 3369 DEED IN LIEU OF FORECLOSURE DEBTOR'S WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: THAT the undersigned, KENNETH E. KOCH (hereafter "Grantor", whether one or more), claim an interest in, and legal title to certain real property described in Exhibit "A' attached hereto and incorporated by reference, which is secured to the Farm Credit Bank of Wichita, fka The Federal Land Bank of Wichita (hereinafter "FCB" or "Grantee") under that certain First Farm and Ranch Mortgage dated November 11, 1980 and recorded February 12, 1981, in Book 928 at Reception No. 1849541, in the records of Weld County, Colorado, securing certain loans by FCB to Grantors; and NOW, THEREFORE, for good and valuable consideration, Grantor hereby ' acknowledges FCB Loan#0791212-8 is in default; is secured by the real property described in Exhibit "A" attached hereto and incorporated by reference; disclaims all further right, title and interest in and to the property conveyed hereunder, including but not limited to any rights of restructure, homestead, leaseback, repurchase, redemption, or continued possession, or going- away crops,except as set forth in Agreement between the parties dated April 26, 1993, and does hereby grant, convey, transfer and assign to the FARM CREDIT BANK OF WICHITA, fka THE FEDERAL LAND BANK OF WICHITA, a corporation, whose address is 245 North Waco,P.O.Box 2940,Wichita,Kansas 67201-2940,its successors and assigns,all of Grantor's right, title and interest, including by way of description, and not limitation, rights in reversion or abandonment under the Bankruptcy Code,Title 11 U.S.C.,rights of first refusal, repurchase, leaseback, restructure,cure, continued possession, homestead, redemption or going-away crops, except as set forth in Agreement between the parties dated April 26, 1993, in and to all or any part of the following described property located in Weld County, Colorado, to-wit: An undivided one-half interest in the property described on • Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD THE SAME, together with all growing crops, water,water rights, fixtures, equipment and appurtenances, and rights used and obtained or pertaining thereto, as set forth and contained in that certain Mortgage as set forth above in the records of Weld County, Colorado, free and clear of any and all further right, title, interest or claim of Grantor, except as set forth in Agreement dated April 26, 1993, and free and clear of all liens or •encumbrances, except for judgment in favor of Bi-State Machinery Co., Inc. recorded August 10, 1990, in Book 1272, at Reception No. 02222988, and judgment in favor of John L. Anderson recorded November 26, 1990, in Book 1283, at Reception No. 02233985, and except for title exceptions set forth in Exhibit"B" attached hereto and incorporated herein by reference, and except for the existing lease and the rights of the Receiver. Grantor covenants and warrants the above described property and premises in the quiet and peaceable possession of Grantee, its successors and assigns, and Grantor covenants that at the time of execution and delivery of this Deed it has full power and authority to grant, bargain, sell and convey the same free and clear of any and all other claims of any persons or parties • claiming by, through or under Grantor. This Deed in Lieu of Foreclosure shall be dated and deemed effective as of the date of execution. Grantor acknowledges that this Deed has been tendered after full disclosure of the A waivers contained herein and consultation with and upon the advice of Grantor's counsel, and ^ Ai 1 SKLD LG 172 . 20 . 16. 44 WE 2333369-1993 . 001 B 1383 RE®2333369 05/18/93 16;13 $40.00 2/008 F 1251 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO has been freely and voluntarily given. Grantor acknowledges and agrees that the default under the original loan documents shall, for the purposes of this Deed,be deemed to be a continuing default. Grantor acknowledges that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, • additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee's rights under the above-described Mortgage. Further, Grantee's acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding for one year from date hereof, to collect the full amounts due under Grantee's loan from the property in the event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property, subject to the terms of the Agreement dated April 26, 1993. For Notices for any purpose, the parties agree their addresses for Notice purposes shall • • be: KENNETH E. KOCH Farm Credit Bank of Wichita, flta The c/o Diana Godinho Federal Land Bank of Wichita 13750 Huron Greeley Lending Office Broomfield, Colorado 80020 127 22nd Street Greeley, Colorado 80631 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. • DATED this i J day of May, 1993.- / l KENNETH E. KOCH STATE OP COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO before me this '''f/ day of May, 1993 by KENNETH E. KOCH. • WITNESS my hand and seal. •/ , •' i/ ...........• /'. ( lei / . \.: C t ut ' Notary Public . `( Stir icn;Stpires t%-.A '%'>. • r 2 SKLD LG 172 . 20. 16 . 44 WE 2333369-1993 . 002 B 1383 REC 02333369 05/18/93 16:13 $40.00 3/008 F 1252 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO EXHIBIT "A" TRACT #4 E 1/2 of the NE 1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M. and all land in the SE 1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M. lying North and West of the centerline of the Lower Boulder Ditch, County of Weld, State of Colorado; EXCEPT a tract of land conveyed to the Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 52, being more particularly described as follows: A tract or parcel of land in the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the East line of Section 6, Township 1 North, Range 68 West, from which the Northeast corner of Section 6 bears N1°21'30"E, a distance of 97.9 feet; 1. thence along the East line of Section 6, NI°21'30"E, a distance of 97.9 feet to the Northeast corner of Section 6; 2. thence along the North line of Section 6, S89°09'30"W, a distance of 1,314.7 feet to the Northwest corner of the NE1/4 of the NE1/4 of Section 6; 3. thence along the West line of the NE1/4 of the NE1/4 of Section 6, S1°17'W, a distance of 83.6 feet; 4. thence N89°47'30"E a distance of 248.1 feet; 5. thence along the arc of a curve to the left, having a radius of 7,700.00 feet, a distance of 618.2 feet (the chord of this arc bears N87°29'30"E, a • distance of 618.0 feet);. 6. thence N85°11'30"E, a distance of 181.2 feet; 7. thence N85°51'E, a distance of 191.1 feet; • 8. thence S43°38'30"E, a distance of 70.7 feet to the West right of way line . of the County Road, as located Sept. 1962; 9. thence S88°38'30"E, a distance of 28.7 feet, more or less, to the POINT • OF BEGINNING • SKLD LG 172 . 20 . 16. 44 WE 2333369-1993 . 003 © • B 1383 REC 02333369 05/18/93 16:13 $40.00 4/008 F 1253 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" 1. Rights or claims of parties in poser gion,rnt strewn by the public records. .. 2. Easements, or claims of ease ents, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the commitment. 6. Taxes for the current year, including all taxes now or heretofore assessed, due or payable. 7. Rights of way for County roads 30 feet wide on either side of Section and Township lines, as established by order of the Board of County Cannissioners for Weld County, recorded in Book 86 at Page 273. ' 8. All coal and other minerals within•or underlying said lands; the exclusive right to ' prospect in and upon said land for roal'pid• 'other minerals, therein, or which may be supposed to be therein/. and to mime ,for`mxi remove.fran said land all coal and other minerals which may be found ilek ' ley' �. iyo$e; 'ttie right of ingress, egress and regress upon said land to' Prospect;4br;•mineaid'rremove any and,all such coal or other minerals and the'rith to'use'so much of said land as may be convenient or necessary for the right of way to and.fngn'such prospect places or mines and roads . and approaches, thereto.or..for.reoy li,therefrRA of ,coal, mineral, machinery or other material; and the right„to said,pnion,Paci.fic Railroad Company to maintain and operate its railroad in its present,frorm. of construction and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Warranty Deed recorded January 31, 1899 in Book 170 at Page 87, and any and all assignments thereof, or interests therein (Affects SW1/4 5-1-68). t.,o 4�: •. • ' 9. All cal and other minerals within or underlying said lands; the exclusive right to prospect in and upon said land for coal and other minerals, therein, or which may be supposed to be therein, and to mine for and remove from said lard all coal and other t minerals which may be frnud'thereon by anyone; the right of ingress, egress and regress . upon said land to prospect for, .mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and fran such prospect places or mines, and for the convenient and proper operation of such prwpaut. places, mimes and roads and approaches thereto or for removal therefrom of coal, mineral, machinery or other material; and'the right to said Union Pacific Railroad Company to maintain and Operate its railroad in its present form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Ccaparry in Warranty Deed recorded July 17, 1900 in Boot 178 at Page 401, and any and all assignnents thereof or interests therein (Affects NW1/4 5-1-68). • SKLD LG 172 . 20 . 16. 44 WE 2333369-1993 . 004 • • B 1383 REC 02333369 05/18/93 16:13 $40.00 5/008 F 1254 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • EXHIBIT "B" (continued) • 10. Right to run water through a certain lateral ditch running from the main ditch or i'he Erie fl Creek Ditch and Reservoir Company through and across th NW1/4, Section 5, Township 1 North, Range 66 West of the 6th P.M., as conveyed to Carl Rasch by Elijah V. Lovejoy in Warranty Deed recorded October 27, 1900 in Book 181 at Page 273, in which 'the ' specific location of said right-of-way is not defined. 11. Gentry Drainage Ditch, and any and all•rights of way therefor, as evidenced by Map and Statement filed October 26, 1910 as Reception No. 160177, insofar as the same may affect subject property. - 12. Right of way for the irrigation ditch of the Consolidated Lower- Boulder Reservoir and Ditch Company as now constructed, as granted to The Consolidated Lower Boulder Reservoir and Ditch Co parry by Robert F. McCarthy, as the Administrator of the Estate of Sarah Jane Woolley, deceased, in Administrator's Deed recorded Novenber 3, 1917 in Book 489 at Page 223, affecting the following described property: A strip of land through the SW1/4 of the SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., 25 feet on the right and 15 feet on the left of the following described lire; Beginning at a point on the West line of Section 5-1-66W. 6th P.M., 100 feet South of the West quarter corner of the said Section; thence S44°40'E, 215 feet; • thence S20°33'W, 250 feet; thence S77°20'E, 278 feet; thence S30°06'E, 200 feet; thence S54°13'E, 335 feet; thence a strip of land 25 feet on the left and 50 feet on the right, 324°47'W, 158 feet; theme a strip of lard 15 feet on the left and 25 feet on the right • N78°56'W, 275 feet; thence N63°02'W, 100 feet; thence N76°51'W, 287 feet more or less to the West line of the said Section, being a portion of the W1/2 of the SW1/4 of said Section 5. . • . 13. Easement and right of way to eonst uct, operate and maintain its electric transnissian, distribution and service lines as granted to Public Service Company of Colorado by Jennie C. Johnson, Administratrix of the Estate of Henry L. Johnson, deceased, Alice M. Janes, Esther J. Branch, Clarence E. Johnsen, Norman H. Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Book 1206 at Page 214, affecting the following dpsrriibed property: Over and across the Westerly portion of SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., which right of way is more particularly Aasrrflnl as follows: A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at the East line of the County road on the West of said Section 5 and continuing Easterly, parallel with and adjoining the North side of the County road on the South of said Section 5, for a distance of 1255.5 feet. • • • • • • SKLD LG 172 . 20. 16 . 44 WE 233336911993 . 005. . . ® Q B 1383 REC 02333369 05/18/93 16:13 $40.00 6/008 F 1255 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT `'B" (continued) 14. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service line, as granted to Public Service Carpany of Colorado by Clarence E. Johnscn in instrument reeorded*June 20, 1947 in Book 1206 at Page 215, affecting the following r3Pa-ribed property: • Over and across the Easterly portion of SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M. the approximate centerline of which right of way is more particularly described as follows: A right of way 45 feet wide, running East and West along the South Lxnu:dery of said Section 5; Beginning at a point which is 1255.5 feet East of the East line of the County road on the West of said Section; t]enoe Easterly, parallel with and adjoining the North side of the County road to the South of said Section 5, for a distance of 1354.5 feet, more or less, to the North and South center line of said Section 5, Township 1 North, Range 68 West. 15. Right of the Proprietor of a Vein or Ted& to extract and remove his ore therefran should the sane be found to penetrate or intersect the pnanises hereby granted, as reserved in United States Patent recorded January 18, 1893 in Book 34 at Page 368 (Affects E1/4NE1/4 6-1-68). 16. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 18, 1893 in Book 34 at Page 368 (Affects E1/2NE1/4 6-1-68). 17. Right of the Proprietor of a Vein or Lode to and remove his ore therefran should • the same be found to penetrate or intersegt.the prexdses hereby granted, as reserved in United States Patent recorded January 18,. 1893 in Book 51 at Page 194 and re-recorded• June 23, 1919 in Book 333 at Page 132 (Affects SE1/4 6-1-68). 18. Easement and right of way for the constructions, operation and n'aintenanoe of an irrigation ditch, as granted to Erie Crrnl Creek Ditch and Reservoir Company by John R. Maras in Quit Claim Deed recorded February 13, 1909 affecting the following deq r'ibed . property: Said right of way to be 16 1/2 feet in width, beginning at a point 1017 feet North of the Southwest corner of the SE1/4 of 6-1-68W of the P.M., then running diagonally across said above r1Porr'ibed premises, crossing the South'line of said above rPscribed (and about 705 feet East of the Southwest corner of said above described 1/4 in Section 6). 19. •Easement and right of way along the line of the Lower Boulder Ditch, with the privilege to enlarge the same as it now runs through the SE1/4 of Section 6, Township 1 North of Range 68 West and the E1/2 of the NE1/4 of Section 6, Township 1 North, Range 68 West as granted to The Luger Boulder Extension Ditch Company by John R. Thomas in Quit Claim Deed recorded July 12, 1911 in Book 323 at Page 302, in which the specific location of said right of way is not defined. . ' • • SKLD LG 172 . 20 . 16 . 44 WE 2333369-1993 . 006 I . Q • • . • B 1383 REC 02333369 05/18/93 16:13 $40.00 7/008 F 1256 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) • 20. Easement and right of way to construct, operate and maintain its electric transmission, -distribution and service lines, as granted to Public Service Company of Colorado by Jennie C. Johnson, Adninistratrix of the Estate of Henry L. Johnson, deceased, Alice M. James, Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Book 1206 at Page 208, affecting SE1/4 of Section 6. . . 21. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement recorded December 27, 1955 in Book 1438 at Page 227 (Affects NW1/4 5-1-68). 22._ Easment and right of way for a perpetual easement and right-of-way to reconstruct the now existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation by Clarence Johnson, in the instrument recorded February 20, 1956 in Book 1443 at Page 171, affecting NW1/4 of the SW1/4 Section 5. • 23, Easement and right of way for a perpetual easement and right-of-way to reconstruct the now-existing Lower Boulder Irrigation Canal• and to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill, as granted to Northern Colorado Water C nservancy District, a quasi-municipal corporation, by Jennie C. • Johnson, Alice Johnson James, Esther Johnson Branch, Clarence Johnson, Norman Johnson and Maynard Johnson, in the instrument recorded February 26, 1956 in Book 1443 at Page 175, affecting N1/2 of the SE1/4 Section 6, Township 1 North, Barge 68 West. 24. Easetent and right of way for a perpetual easement and right-of-way to reconstruct the row-existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal, including the right'to borrow from or fill as granted to Northern Colorado Conservancy District, ,a quasi-municipal corporation by Norman H. Johnson, in the instrument recorded March 22;:1956 in Hook 1445 at Page 85, NW1/4NW1/4 of Section 5. ' • '. 25. Easement and right of way to lay, construct,' maintain, lower, inspct, repair, replace, relocate, change the size of, operate and remove a pipe line drips, pipeline mariners, • valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances nv coenient for the maintenance and operatio of said lines and for the transporation of • oil, gas, or other substances purposes, as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. finch by instilment iewrded June 29, 1978 in Book 837 as Reception No. 1758678, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 26. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, ' relocate, change the size of, operate, and ranove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said lines and for the transportation of • oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Canty by Hen•sth E. Koch and Shirley E. Kodt by instrument ktsurded June 13, 1979 in Body 872 a6 Reception No. 1793621, in which the sku.ific location of the easement is not defined . (Affects SE1/4 6-1-68). • SKLD LG 172. 20 . 16 . 44 WE 2333369-1993 . 007 ' • D • o B 1383 REC 02333369 05/18/93 16:13 $40.00 8/008 F 1257 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) • 27. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equipm_nt, test leads, and all appurtenancesconvenient for the maintenance and operation of said lines and for the izansporation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch'by instrument recorded Decenh'r. 12, 1979 in Hods 890 as Reception No. 1811651, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). • 28. Terms, agremnnts, provisions, conditions and obligations of Right of Way Agreement by - and between Kenneth E. Koch and Shirley E. Ebch and Amoco Piuluction Canpany recorded September 19, 1985 in Book 1085 at Reception 02025478 and Ratified by Farm Credit Bank of Wichita fka The Federal Lard Bank of Wichita recorded November 18, 1991 in Book 1317 at Reception No. 02269602. 29. 'Perms, agraments, provisions, conditions and obligations of Derlaration of UNITIZATION recorded May 12, 1986 in Book 1112 at Reception No. 02053234. • 30. Terms, agreement, provisions, conditions and obligations of Agreemnt by and between Shirley E. Koch and Kenneth E. Koch, The Ninth District Fapral Land Bank Association, a corporation, as attorney in fact for Farm Credit Bank of Wichita, a corporation and 49r_ . City of Lafayette, a Colorado municipal corporation, recorded June 30, 1989 in Book 1237 ; at Reception No. 02184366. 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. , • • •: .I • . SKLD LG 172 . 20 . 16. 44 WE 2333369-1993 . 008, B 1383 REC 02333370 05/18/93 16:14 $40.00 1/008 F 1258 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PERSONAL REPRESENTATIVE'S DEED IN LIEU OF FORECLOSURE AR2333370 THIS DEED made by Kenneth E. Koch as Personal Representative of the Estate of SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH, deceased, Grantor, to FARM CREDIT BANK OF WICHITA fka The Federal Land Bank of Wichita, Grantee, whose address is 245 North Waco, P. O. Box 2940, Wichita, Kansas 67201-2940. WHEREAS, SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH died intestate on November 6, 1992, in Northglenn, Colorado; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on February 9, 1993, and is now qualified and acting in said capacity; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, and for good and valuable consideration, Grantor sells and conveys • to Grantee the following described property located in Weld County, Colorado to-wit: An undivided one-half interest in the property described on • • Exhibit "A' attached hereto and incorporated by reference. TO HAVE AND TO HOLD THE SAME, together with all growing crops, water, water rights, fixtures,equipment and appurtenances, and rights used and obtained or pertaining thereto, as set forth and contained in that certain First Farm and Ranch Mortgage dated November 11, 198G and recorded February 12, 1981, in Book 928 at Reception No. 1849541, in the records of Weld County, Colorado, free and clear of any and all further right, title, interest or claim of Grantor, except as set forth in Agreement between the parties dated April 26, 1993, and subject to judgment in favor of Bi-State Machinery Co., Inc. recorded August 10, 1990, in Book 1272, at Reception No. 02222988, and judgment in favor • of John L. Anderson recorded November 26, 1990, in Book 1283, at Reception No. 02233985, and subject to title exceptions set forth in Exhibit "W attached hereto and incorporated herein by reference, and subject to the existing lease and rights of the Receiver. This Deed shall be dated and deemed effective as of the date of execution. Grantor • acknowledges that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantor's counsel, and has been freely and voluntarily g;•/en. Grantor acknowledges and agrees that the default under the original loan documents for FCB Loan #0791212-8 shall, for the purposes of this Deed, be deemed to be a continuing default. Grantor acknowledges that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, additional costs, expenses and delays of • judicial or public trustee foreclosure of the Grantee's rights under the above-described Mortgage. 1 SKLD LG 172 .20. 16 . 44 WE 2333370-1993 . 001 Q B 1383 REC 02333370 05/18/93 16:14 $40.00 2/008 F 1259 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Further, Grantee's acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding, for one year from date hereof, to collect the full amounts due under Grantee's loan from the property in the event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property, subject to the terms of the Agreement dated April 26, 1993. • Grantee is not the spouse, agent, or attorney of the Personal Representative or any corporation or trust in which the Personal Representative has a beneficial interest. . For Notices for any purpose, the parties agree their addresses for Notice purposes shall be: ESTATE OF SHIRLEY EDNA KOCH Farm Credit Bank of Wichita, fka The aka SHIRLEY E. KOCH Federal Land Bank of Wichita do John Flanders Greeley Lending Office Flanders, Sonnesyn &Stover 127 22nd Street 401 Main Street Greeley, Colorado 80631 Longmont, Colorado 80501 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. DATED this day of May, 1993. ESTATE OF SHIRLEY EDNA KOCH aka 5 tet4 Y E. KOCH • By: Kenneth E. Koch • Personal Representative • Weld Probate Case No. 93 PR 36 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO before me this f.%eL day of May, 1993 by Kenneth E. Koch as the Personal Representative of the ESTATE OF SHIRLEY EDNA KOCH:se SHIRLEY E. KOCH. `▪ . WITNF S my hand and seal. .��/ ,pV•1?), 4 YVec , /6)./ Uct.Lp . ' Notary Public _Garr • '• icy co tinhrexpires (%AC••y5. • fps'•.......... C 2 SKLD LG 172 . 20. 16 . 44 WE 2333370-1993 . 002 - , ©` O B 1383 REC 02333370 05/18/93 16:14 $40.00 3/008 F 1260 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" TRACT #4 E 1/2 of the NE 1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M. and all land in the SE 1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M. lying North and West of the centerline of the Lower Boulder Ditch, County of Weld, State of Colorado; EXCEPT a tract of land conveyed to the Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 52, being more particularly described as follows: A tract or parcel of land in the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the East line of Section 6, Township 1 North, Range 68 West, from which the Northeast corner of Section.6 bears N1°21'30"E, a distance of 97.9 feet; 1. thence along the East line of Section 6, N1°21'30"E, a distance of 97.9 feet to the Northeast corner of Section 6; 2. thence along the North line of Section 6, S89°09'30"W, a distance of 1,314.7 feet to the Northwest corner of the NE1/4 of the NE1/4 of Section 6; 3. thence along the West line of the NE1/4 of the NE1/4 of Section 6, S1°17'W, a distance of 83.6 feet; 4. thence N89°47'30"E a distance of 248.1 feet; 5. thence along the arc of a curve to the left, having a radius of 7,700.00 • feet, a distance of 618.2 feet (the chord of this arc bears N87°29'30"E, a distance of 618.0 feet); 6. thence N85°11'30"E, a distance of 181.2 feet; 7. thence N85°51'E, a distance of 191.1 feet; 8. thence S43°38'30"E, a distance of 70.7 feet to the West right of way line of the County Road, as located Sept. 1962; 9. thence S88°38'30"E, a distance of 28.7 feet, more or less, to the POINT OF BEGINNING SKLD LG 172 . 20 . 16. 44 WE 2333370-1993 . 003 B 1383 REC 02333370 05/18/93 16:14 $40.00 4/008 F 1261 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" 1. Rights or claims of parties in possession not shorn by the public i'emrds. 2. Easements, or claims of easernents, not shown by the public records. 3. Discrepancies, conflicts in bourxiary lines, shortages in area, PM*oaclments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and rot shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records Or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the asmmit tent. 6. Taxes for the current year, ircluding all taxes now or heretofore assessed, due or payable. 7. Rights of way for County roads 30 feet wide on either side of Section and Township lines, as established by order of the Board of County Caunissioners for Weld County, recorded in Book 86 at Page 273. • 8. All anal and other minerals within or underlying said lands; the exclusive right to • prospect in and upon Raid land for mad and other minerals, therein, or which may he supposed to be therein, and to mine for and remove from said land all mai and other minerals which may be found thereon by anyone; the right of ingress, egress and . regress upon said land to prospect for, mine and remove any and all such real or ,other minerals and the rith to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines and roads and approaches thereto or for removal therefrom of real, mineral, machinery or other material; and the right to said Union Pacific Railroad Ccmpany to maintain and operate its railroad in its present frorn 'of construction and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Ccnpany in Warranty Deed recorded January 31, 1899 in Book 170 at Page 87, and any and all assignments thereof, or interests therein (Affects SWl/4 5-1-68). ;•rm • 9. All coal and other minerals within or underlying said lands; the exclusive right to • prospect in and upon said land for mat and other minerals, therein, or which may be supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone; the right of ingress, egress and regress upon said land to prospe-L for, mine and remove any and all such coal or other minerals • and the right to use so much of said land as maybe convenient or necessary for the right of way to and from such picsps.L plus or mines, and for the convenient and proper operation of such prospect places, mines and roads and approaches thereto or for removal therefran of mat, mineral, machinery or other material; and the right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of . construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Warranty Deed iax.zded July 17, 1900 in Book 178 at Page 401, and any and all assigrnents thereof or interests therein (Affects NW1/4 5-1-68). • SKLD LG 172 . 20 . 16. 44 WE 2333370-1993 . 004 • . .. .. ® I . y • .. •:11. B 1383 REC 02333370 . 05/18/93 16:14 $40.00 5/008 F 1262 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) 10. Right to run water through a certain lateral ditch running from the main ditch or The Erie Coal Creek Ditch and Reservoir Ccnpany through and across th NW1/4, Section 5, Rnownship 1 North, Range 68 West of the 6th P.M., as conveyed to Carl Rasch by Elijah V. Lovejoy:in Warranty Deed recorded October 27, 1900 in Book 181 at Page 273, in which the specific location of said right-of-way is not defined. • 11. Gentry Drainage Ditch, and any and all rights of way therefor, as evidenced by Map and Statement filed Oct-t-er 26, 1910 as Reception No. 160177, insofar as the same may affect subject property. 12. Right of way for the irrigation ditch of tie Consolidated Lower Boulder Reservoir and Ditch Company as now constructed, as granted to The Consolidated Lower Boulder Reservoir and Ditch Company by Robert F. McCarthy, as the Administrator of the Estate of Sarah Jane Woolley, deceased, in Administrator's Deed recorded November 3, 1917 in Book 489 at Page 223, affecting the following described property: - A strip of land through the SW1/4 of the SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M. 25 feet on the right and 15 feet on the left of the following described line; Beginning at a point on the West line of Section 5-1-68W. 6th P.M., 100 feet South of the West quarter comes of the said Section; thence S44°40'E, 215 feet; thence 820°33'W, 250 feet; theme S77°20'E, 278 feet; thence S30°06'E, 200 feet; thence S54°13'E, 335 feet; thong a strip of land 25 feet on the left and 50 feet on the right, 524°47'W, 158 feet; thecae a strip of land 15 feet on the left and 25 feet on the right • •N78°56'W, 275 feet; thence N63°02'W, 100 feet; thence N76°51'W, 287 feet more or less to the West line of the said Section, being a portion of the W1/2 of the SW1/4 of said Section 5. 13. Easement and right of way to construct, operate and maintain its elect is transmission, distribution and service lines as granted to Public Service company of Colorado by Jennie C. Johnson, Administratrix of the Estate of Henry L. Johnson, deceased, Alice M. James, Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instrurent recorded June 20, 1947 in Book 1206 at Page 214, affecting the following described property: Over and across the Westerly portion of SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., which right of way is more particularly described as follows: A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at the East line of the County road on the West of said Section 5 and antinuing Easterly, parallel with and adjoining the North side of the Count/ road on the South of said Section 5, for a distance of 1255.5 feet. • • SKLD LG 172 . 20 . 16. 44 WE 2333370-1993 . 005 • • • .. . .. B 1383 RE©02333370 05/18/93 16:14 $40.00 6/008 F 1263 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO EXHIBIT "B" (continued) • 14. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service line, as granted to Public Service Company of Colorado by Clarence E. Johnsen in instrument xeaxded'June 2O, 1947 in Book 1206 at Page 215, affecting the following described property: Over and across the Easterly portion of SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M.', the approximate centerline of which right of way is note particularly described as follows: • A right of way 45 feet wide, running East and West along the South bourxiaxy of said • Section 5; Beginning at a point which is 1255.5 feet East of the East line of the County - road an the West of said Section; thence Easterly, parallel with and adjoining the North side of the County road on the South of said Section 5, for a distance of 1354.5 feet, more or less, to the North and South center line of said Section 5, Township 1 North, Range 68 West. 15. Right of the Proprietor of a Vein or Ta3n to extract and remove his ore therefrom should the same be found to penetrate or intersect the prenisPs hereby granted, as reserved in United States Patent recorded January 18, 1893 in Book 34 at Page 368 (Affects E1/4NE1/4 6-1-68). 16. Right of way for ditches or canals constructed by the authority of the United States, as • • reserved in United States Patent xtxaurded January 16, 1893 in Book 34 at Page 368 (Affects E1/2NE1/4 6-1-68). 17. Right of the Proprietor of a Vein or Tech to extract and remove his ore therefrom should • the same be found to penetrate or intersect the premises hereby granted, as reserved in • United States Patent recorded January 18, 1893 in Book 51 at Page 194 and re-recorded June 23, 1919 in Book 333 at Page 132 (Affects SE1/4 6-1-68). 18. Easement and right of way for the constructions, operation and maintenance of an irrigation.ditch, as granted to Erie Thal creek Ditch and Reservoir Canpany by John R. ' Mamas in Quit Claim Deed recorded February 13, 1909 affecting the following dngcribei . property: Said right of way to be 16 1/2 feet in width, beginning at a point 1O17 feet North of tin • Southwest corner of the SE1/4 of 6-1-68W of the P.M., then running diagonally across said above described premises, crossing the South line of said above described (and about 705 ' feet East of the Southwest corner of said above described 1/4 in Section 6). • . 19. Easanent and right of way along the line of the Loser Boulder Ditch, with the privilege to enlarge the same as it now runs through the SE1/4 of Section 6, Township 1 North of Range 68 West and the E1/2 of the NE1/4 of Section 6, Township 1 North, Range 68 West as granted to The Lower Boulder Extension Ditch Company by John R. Thomas in Quit Claim Deed recorded July 12, 1911 in Book 323 at Page 3O2, in which the specific location of said right of way is not defined. • • S▪ KLD . LG 172 . 20. 16. 44 WE 2333370-1993 . 006 © Co) • B 1383 REC 02333370 05/18/93 16:14 $40.00 7/008 F 1264 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO , EXHIBIT "B" (continued) • 20. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service lines, as granted to Public Service Company of Colorado by • Jennie C. Johnson, Pdministratrix of the Estate of henry L. Johnson, deceased, Alice M. James, Esther J. Branch, Clarence E. Johnson, NOrman H. Johnson aid L. Maynard Johnson in instrument recorded June 20, 1947 in Boric 1206 at Page 208, affecting SE1/4 of Section 6. 21. Terrmms, agreements, provisions, coalitions and obligations as contained in Surface Owner's Agreement recorded December 27, 1955 in Bock 1438 at Page 227 (Affects NW1/4 5-1-68). 22. Easment and right of way for a perpetual easement and right-of-way to reconstruct the now existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation by Clarence Johnson, in the instrument recorded February 20, 1956 in Bolt 1443 at Page 171, affecting NW1/4 of the SW1/4 Section 5. • 23. . Easement and right of way for a perpetual easement and right-of-way to reconstruct the now-existing Lower Boulder Irrigation Canal• and to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation, by Jennie C. Johnson, Alice Johnson James, Esther Johnson Branch, Clarence Johnson, Norman Johnson and Maynard Johnson, in the instrument recorded February 26, 1956 in Book 1443 at Page 175, affecting N1/2 of the SE1/4 Section 6, 'ltwnship 1 North, Range 68 West. 24. Easement and right of way for a perpetual easement and right-of-way to reconstruct the ,now-existing Lower Boulder Irrigation Canal and to constnmct, operate and maintain the South Platte Supply Canal, including the right'to borrow from or fill as granted to Northern Colorado Conservancy District, •a quasi-municipal corporation by Norman H. Johnson, in the instrument recorded March 22, 1956 in Book 1445 at Page 85, NW1/4NW1/4 of Section 5. 25. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate and remove a pipe line drips, pipe)ire markers, valves, launchers, receivers, cathodic equipment, test ieadq, and all appurtenances convenient for the maintenance and operatic of said lines and for the transporatirn of oil, gas, or other substances purposes, as granted to Panhandle Eastern Pipeline Company by Kenneth E. !Cobh and Shirley E. Koch by instrumnt recorded June 29, 1978 in Book 837 as Reception it. 1758678, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 26. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, Change the size of, operate, and remove a pipeline, drips, pipeline markers, . valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said lines and for the transportation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch by instxueant recorded June 13, 1979 in Book 872 as Reception No. 1793621, in which the specific location of the easement is not defined ' (Affects SE1/4 6-1-68). N . SKLD LG 172 . 20 . 16 . 44 WE 2333370-1993 . 007 • B 1383 REC 02333370 05/18/93 16:14 $40.00 8/008 F 1265 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT "13" (continued) • , , 27. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a pipeline, drips, pipeline markers, !. valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said liars and for the transporation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Canpany by Kenneth E. Koch and Shirley E. Koch by instrument recorded December 12, 1979 in Book . 890 as Reception No. 1811651, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 28. Terms, agreements, provisions, conditions and obligations of Right of Way Agreement by and between Ken eth E. Koch and Shirley E. Koch and Amoco Production Company recorded September 19, 1985 in Book 1085 at Reception O2O25478 and Ratified by Farm Credit Bank of Wichita fka The Federal Land Bank of Wichita recorded November 18, 1991 in Book 1317 at Reception No. 02269602. 29. Teams, agreements, provisions, conditions and obligations of Declaration of UNITIZATION recorded May 12, 1986 in Book 1112 at Reception No. O2O53234. 30. Terms, agreement, provisions, conditions and obligations of Agree ent by and between Shirley E. Koch and Kenneth E. Koch, The Ninth District Federal Lard Sank Association, a corporation, as attorney in fact for Farm Credit Bank of Wichita, a corporation and The City of Lafayette, a Colorado municipal corporation, recorded June 30, 1989 in Book 1237 at Reception No. 02184366. 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. • • • • . r. SKLD LG 172 . 20 . 16. 44 WE 2333370-1993 . 008 ‘t B 1383 REC 02333371 05/18/93 16:14 $45.00 1/009 F 1266 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2333371 WATER WARRANTY DEED THIS DEED, Made this 18th day of May, 1993,between KENNETH E. KOCH, of the County of Weld, State of Colorado, grantor, and FARM CREDIT BANK OF WICHITA,a corporation organized and existing under and by virtue of the laws of the State of Kansas, grantee: whose legal address is 127 22nd Street, Greeley, Colorado 80631. WITNESSETH, That the grantor, for and in consideration of good and valuable • consideration, 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,its successors and assigns forever,all of the water stock,water rights, • carrying rights,ditch rights,wells,pumps motors, electrical, and underground and aboveground irrigation pipe,irrigation equipment and water transport system, if any, situate, lying and being part of certain real property located in the County of Weld and State of Colorado, described as follows: • The W1/2 of Section 5 and the E1/2 of the NE1/4 and the SE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, EXCEPT a tract of land conveyed to the Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 52, being more particularly described as follows: A tract or parcel of land in the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the East line of Section 6, Township 1 North, Range 68 West, from which the Northeast corner of Section 6 bears NI°21'30"E, a distance of 97.9 feet; 1• thence along the East line of Section 6, N1°21'30"E, a distance of 97.9 feet to the Northeast corner of Section 6; 2. thence along the North line of Section 6, S89°09'30"W, a distance of 1,314.7 feet to the Northwest corner of the NEl/4 of the NE1/4 of Section 6; 3. thence along the West line of the NE1/4 of the NE1/4 of Section 6, Sl°17'W, a distance of 83.6 feet; 4. thence N89°47'30"E a distance of 248.1 feet; 5. thence along the arc of a curve to the left, having a radius of 7,700.00 feet, a distance of 618.2 feet (the chord of this arc bears N87°29'30"E, a distance of 618.0 feet); 6. thence N85°11'30"E, a distance of 181.2 feet; 7. thence N85°51'E, a distance of 191.1 feet; 8. thence S43°38'30"E, a distance of 70.7 feet to the West right of way line of the County Road, as located Sept. 1962; 9. thence S88°38'30"E, a distance of 28.7 feet, more or less, to the POINT OF 1 SKLD LG 172 . 20 . 16. 44 WE 2333371-1993 . 001 - Ca) Co) B 1383 REC 02333371 05/18/93 16:14 $45.00 2/009 F 1267 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO BEGINNING. Also EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 60, being more particularly described as follows: A tract or parcel of land in the N1/2 of the NW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the West line of Section 5, Township 1 North, Range 68 West from which the Northwest corner of Section 5 bears N1°21'30"E, a distance of 37.2 feet; 1. thence along the West line of Section 5, N1°21'30"E, a distance of 37.2 feet to the Northwest corner of Section 5; - 2. thence along the North line of Section 5, S89°37'30'8, a distance of 2,663.9 feet to the Northeast corner of the NW1/4 of Section 5; 3. thence along the East line of the NW1/4 of Section 5, SO°03'15"W, a distance of 122.0 feet; • 4. thence N87°48'W, a distance of 2,393.4 feet; 5. thence N83°58'30"W,a distance of 154.1 feet to the South right of way line of S.H. No. 52, as located Sept. 1962; 6. thence along the South right of way line of S.H. No. 52, as located Sept. 1962, N89°29'W, a distance of 80.0 feet; 7. thence S45°31'W, a distance of 9.9 feet to the East right of way line of the County Road, as located Sept. 1962; 8. thence N89°29'W, a distance of 32.6 feet, more or less, to the POINT OF BEGINNING. An undivided one-half interest in 2.99 shares of the capital stock of the Consolidated Lower Boulder Reservoir and Ditch Company, 190 shares of the capital stock of Leyner- Cottonwood Consolidated Ditch Company, 25 shares of the capital stock of Erie Coal Creek Ditch and Reservoir Company. • Together with all privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining,including all water,irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights of way, apparatus and • fixtures belonging to or used in connection therewith, whether owned by grantor at the date of this deed, or thereafter acquired; also abstracts or other evidence of title to the • above described real estate, if any. SUBJECT TO the dry up covenants, recorded June 20, 1989, in Book 1236, Reception No. 02183197 and recorded June 20, 1989, in Book 1236, Reception No. 02183198 of the records of the Clerk and Recorder of Weld County Colorado, and subject to the Subordination Agreements in favor of the City of Lafayette, recorded June 30, 1989,in 2 SKLD LG 172 . 20. 16. 44 WE 2333371-1993 . 002 © B 1383 REC 02333371 05/18/93 16:14 $45.00 3/009 • F 1268 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Book 1237, Reception No. 02184366, and recorded June 30, 1989, in Book 1237, Reception No. 02184367 of the records of the Clerk and Recorder of Weld County, Colorado and pending litigation regarding the above. SUBJECT TO the statutory lien of Left Hand Water District under C.R.S. §32-1- 1001(1)0) for the District's unpaid fees, rates, penalties and charges. SUBJECT TO a perpetual lien in favor of the Leyner-Cottonwood Consolidated Ditch Company, for its annual assessments in connection with 190 shares of the stock of Leyner-Cottonwood. • TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in .anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and • demand whatsoever of the grantor,ei'her in law or equity,of, in and to the above bargained and described premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever, subject to the provisions of the Agreement between the parties dated April 26, 1993. And the grantor does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind • or nature soever, except as set forth in Exhibit "B" attached hereto, and the above bargained premises in the quiet and peaceful possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the grantor shall and will WARRANT AND FOREVER DEFEND. The singular number shall and 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 of the date set forth • above. KENNETH E. KOCH 3 SKLD LG 172 . 20 . 16. 44 WE 2333371-1993 . 003 , B 1383 REC 02333371 05/18/93 16:14 $45.00 4/009 c 1269 MARY MN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) ss County of Weld ) The foregoin in ttument was acknowledged before me in the County of Weld,State of Color Q,,this day of May, 1993, by KENNETH E. KOCH. 11 '• lviyGominission expires e)/'7R095 .r ARY NESS my hand and official seal. 4/9k2. .5•S/41 ,n ' dr PUBO `•` Notary Public • . foot° • • • • • • • • -4 _ • • • SKLD LG 172 . 20. 16. 44 WE 2333371-1993 . 004 • co) • B 1383 REC 02333371 05/18/93 16:14 $45.00 5/009 F 1270 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" 1. Rights or claims of parties in posgassion not shown by the public records. 2. Basements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in bounden/ lines, shortages in area, encroachments, and • any facts which a correct survey and inspecticn of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the piwubed insured acquires for value of record the estate or interest or mortgage thereon covered by the o unnitrent. 6. Taxes for the current year, including al]. taxes now or heretofore assessed, due or payable. 7. Rights of way for County roads 30 feet wide on either side of Section and Township lines, as established by order of the Board of County Cannissioners for Weld County, • recorded in Bode 86 at Page 273.' ." 8. All coal and other minerals within or underlying said lands; the exclusive right to praope..L in and upon said land 'for`no-at. arid:barer minerals, therein, or which may be supposed to be therein,' and to'mine f6r''arrl'reinove Evan said land all real and other t "' $' ' "the right ofingress, egress and minerals which may be fouixl tti2z2or1 by'an�e; g regress upon said land tb p t"'for; mine' rid'araova any and all such rnal or • other minerals and the rith to u. . 6.6 touch`of' said land as may be convenient or necessary for the right of way to and fran'such prospect plane or mines and roads and approaches thereto or for .reapvral ,therefNan of ooal, mineral, machinery or other material; and the right.to saiihUnic9 Pacifia,R ilroad any to maintain and operate its railroad in its present.£ronu of construction'and to make any change in the form of construction or method of operation of said railroad, as reserved by . Union Pacific Railroad .Conpany in Warranty Deed recorded January 31, 1899 in Bode • 170 at Page 87, and any and all assignments thereof, or interests therein (Affects SW1/4 5-1-68). .I;,? ;,t 9. All cnnl and other minerals within or underlying said lands; the exclusive right to . prospect in and upon said land for roa1 and other minerals, therein, or which may be supposed to be •therein, and to mine for and remove from said land all rnal and other • minerals which may be found 'therron by anyone; the right of ingress, egress and regress upon said land to pnvsyxuL for, mine and move any and all such coal or other minerals and the right to use so much of said land as may be omvenient or necessary for the right of way to and from such ptua-pd..L places or mines, and for the convenient and proper operation of such piwz,vdcL places, mines and roads and approaches thereto or for ramval therefran of man, mineral, machinery or other material; and the right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Warranty Deed recorded July 17, 1900 in Body 178 at Page 401, and any and all assignments thereof or interests therein (Affects NW1/4 5-1-68). , i • t • SKLD LG. 172 . 20 . 16 . 44 WE 2333371-1993 . 005 • C;;)• O • • B 1383 REC 02333371 05/18/93 16:14 $45.00 6/009 F 1271 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) 10. Right to run water through a certain lateral ditch running Iran the main ditch or The Erie real Creek Ditch and Reservoir Company through and across th NW1/4, Section 5, 4trmnship 1 North, Range 68 West of the 6th .P,M., as conveyed to Carl Rasch by Elijah V. • Lovejoy in Warranty Deed recorded Octx}beri,27, ,1900 in Book 181 at Page 273, in which the specific location of said right-of-way is,nct defined. • c . 11. Gentry Drainage Ditch, and any and.all.rights o£ way therefor, as evidenced by Map and • • Statement filed October 26, 1910• as Reoepi t No. 160177, insofar as the same may affect . subject property. • • a. n ;:•II :v_: . 12. Right of way for the irrigation ditch of the Consolidated Lower Boulder Reservoir and Ditch Company as now constructed„ as .granted to;The Consolidated Lower Boulder Reservoir and Ditch Company by P.ebert F. Mrthy„ ars•,:the.Administrator of the Estate of Sarah Jare • Woolley, deceased, in Administrator's Deed recorded November 3, 1917 in Book 489 at Page 223, affecting the following, described property: A strip of land through the SW1/4 of the SW1/4 of Section 5, Township 1 North, Range 60 ' West of the 6th P.M. 25 feet on 'the right and 15 feet ern the left of the following described line; Beginning at a point an the.West line of Section 5-1-68W. 6th P.M., 100 feet South of the West quarter Darner of the said Section; than S44°401E, 215 feet; thence S20°33'W, 250 feet; thence 577°20!E . 27h1 feet; thence S30°06'E, 200 feet; theme S54°13'E, 335 feet; thence a strip, of;lpr425 feet an the left and 50 feet on the right, 324°47'W, 158 feet; thence a strip of landil5 feet on the left and 25 feet on the right N78°56'W, 275 feet; theme N63°02'W, '100;•feet; theme N76°51'W, 287 feet more or less to the West line of,the said Section, being"a4portion of the W1/2 of the SW1/4 of said Section 5. i f .i•i 4i 1 . 13. Easement and right of way to construct,'operate and maintain its electric transmission, distribution and service lines as granted to Public Service Company of Colorado by Jennie C. Johnson, Administ.iatrix of the Estate of Henry L. Johnson, deceased, Alice M. James, Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instr rent recorded June 20, 1947 in Book 1206 at Page 214, affecting the following described pro rty: Over and across the Westerly portion of SW1/4 of Section 5, Tarmship 1 North, Range 68 West of the 6th P.M., which right of way is more particularly r3esr•ribed as follows: A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at the East line of the County road an the West of said Section 5 and aantinuing Easterly, parallel with and adjoining the North side of the County road on the • South of said Section 5, for a distance of 1255.5 feet. • • 1 , SKLD LG 172 . 20 . 16. 44 WE 2333371-1993 . 006' • • O • B 1383 REC 02333371 05/18/93 16:14 $45.00 7/009 F 1272 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO EXHIBIT "B" (continued) • • 14. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service line, as granted to Public Service Company of Colorado by Clarence E. Johnson in instrument recorded'June 20, 1947 in Book 1206 at Page 215, affecting the following described property: Over and acrnvs the Easterly portion of SW1/4 of Section 5, Township 1 North, Range 68 ' West of the 6th P.M., the approximate centerline of which right of way is more particularly described as follows: • A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at a point which is 1255.5 feet East of the East line of the County road on the West of said Section; thence Easterly, parallel with and adjoining the North side of the County road a1 the South of said Section 5, for a distance of 1354.5 feet, more or less, to the North and South center line of said Section 5, Township 1 North, Range 68 West. • 15. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefron should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 18, 1893 in Book 34 at Page 368 (Affects E1/4NE1/4 • 6-1-68). ' ' . 16. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 18, 1893 in Bolt 34 at Page 368 (Affects E1/2NE1/4 6-1-68). 17. Right of the Proprietor of a Vein or bode to extract and remove his ore therefrom should the sane be found to penetrate or intersect the premises hereby granted, as resented in United States Patent recorded January 18,' 1893 in Book 51 at Page 194 and re-recorded June 23, 1919 in Book 333 at Page 132 (Affects SE1/4 6-1-68). ' 18. Easement and right of way for the constructions, operation and maintenance of an irrigation ditch, as granted to Erie Coat Creek Ditch and Reservoir Company by John R. Thomas in Quit Claim Deed recorded February 13, 1909 affecting the following described property: ' Said right of way to be 16 1/2 feet in width, beginning at a point 1017 feet North of the Southwest corner of the SE1/4 of 6-1-66W of the P.M., then running diagonally across said above described premises, crossing the South line of said above described (and about 705 ' feet East of the Southwest corner of said above r'Pscribed 1/4 in Section 6). 19. Easement and right of way along the line of the Lower Boulder Ditch, with the privilege to enlazge the same as it now runs through the SE1/4 of Section 6, Township 1 North of Range 68 West and the E1/2 of the NE1/4 of Section 6, Township 1 North, Range 68 West as granted to The Lower Boulder Extension Ditch Catpany by John R. Thomas in Quit Claim Deed recorded July 12, 1911 in Book 323 at Page 302, in which the specific location of said right of way is not defined. • • SKLD LG 172 . 20 . 16 . 44 WE 2333371-1993 . 007 t I - • B 1383 REC 02333371 05/18/93 16:14 $45.00 8/009 F 1273 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) 20. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service lines, as granted to Public Service Ccnpany of Colorado by Jennie C. Johnson, Administratrix of the Estate of Henry L. Johnson, deceased, Alice M. James, Esther J. Branch, Clarence B..Johnson, Norman H. Johnson and L. Maynard Johnsen in instrument recorded June 20, 1947 in Book 1206 at Page 208, affecting SE1/4 of bubtion 6. • . 21. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's ' Agreement recorded DededbPr 27, 1955 in Book 1438 at Page 227 (Affects NW1/4 5-1-68). • 22. Eas tent and right of way for a perpetual easement and right-of-way to reconstruct the now existing tower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation by Clarence Johnson, in the instrument recorded February 20, 1956.in Sock 1443 at Page 171, affecting NW1/4 of the SW1/4 Section 5. 23. Easement and right of way for a perpetual easement and right-of-way to reconstruct the • now-existing lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal, including the right to borrow fran or fill, as granted to Northern Colorado Water Conservancy District' a quasi-municipal corporation, by Jennie C. Johnson, Alice Johnson James, Esther Johnson'Branch, Clarence Johnson, Norman Johnson and Maynard Johnson, in the instrument reccided February 26, 1956 in Book 1443 at Page 175, affecting N1/2 of the SEl/4 Section 6, TvwnShip 1 North, Range 68 West. 24. Easement and right of way for a perpetual'eaeareent and right-of-way to re tristzuct the • mw-existing Lower Boulder Irrigation.Canal aid to construct, operate and maintain the South Platte Supply Canal, including tie'right•to+borrow from or fill as granted to ' Northern Colorado Cccservarr.Y District, ;a quasi-municipal corporation by Norman H. Johnson, in the instrument recorded March 22,:;1956 in Book 1445 at Page 85, NW1/4NW1/4 of Section 5. 25. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, Change the size of, operate and remove a pipe line drips, pipeline markers, valves,.launchers, receivers, cathodic equipment, test 1Pads, and all appurtenances convenient for the maintenance and operatic of said lines and for the tansporaticn of oil, gas, or other substances purposes, as granted to Panhandle Eastern Pipeline Company by Kenneth E. lb h and Shirley E. Koch by instrument recorded June 29, 1978 in Book 837 . as reception No. 1758678, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 26. Easement and right of way to lay, construct, maintain, loser, inspect, repair, replace, • relocate, change the size of, operate, and remove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equip ent, test leads, and all appurtenances on cvenient for the maintenance and operation of said lines and for the transportation of • oil, gas, or other substances purposes as granted to Panhandle Fastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch by inslzwmnt recorded June 13, 1979 in Dods 872 as Reception Ni. 1793621, in which the specific location of the easenent is not defined (Affects SE1/4 6-1-68). • • • SKLD LG 172 . 20 . 16 . 44 WE 2333371-1993 . 008 • 0 B 1383 REC 02333371 05/18/93 16:14 $45.00 9/009 F 1274 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, Co EXHIBIT "B" (continued) 27. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, oprate, and remove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equiprent, test leads, and all appurtenances convenient for the maintenance and operation of said lines and for the ixansporation of oil, gas, or otter 'substances purposes as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Kcrh by instrument ie.vrded Deoeu er 12, 1979 in Hook 890 as Reception No. 1811651, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 28. Terms, agreements, provisions, conditions and obligations of Right of Way Tgrearent by and between Kenneth E. Koch and Shirley E. Koch and Amoco Plbduction Canpany recorded September 19, 1985 in Hook 1085 at Reception 02025478 and Ratified by Farm Credit Bank of Wichita fka The Federal Land Bank of Wichita recorded Noventer 18, 1991 in Book 1317 at Reception No. 02269602. 29. Terms, agreements, provisions, conditions and obligations of Declaration of UNITIZATION recorded May 12, 1986 in Hook 1112 at Reception No. 02053234. 30. Terns, agreement, previsions, oonditicns and obligations of Agreetent by and between Shirley E. Koch and Kenneth E. Koch, Ube Ninth District Federal Land Bank Assneiaticn, a corporation, as attorney in fact for Faun Credit Bank of Wichita, a corporation and The • City•of Lafayette, a Colorado municipal corporation, recorded June 30, 1989 in Book 1237 ' at Reception No. 02184366. 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. • SKLD LG 172 . 20 . 16 . 44 WE 2333371-1993 . 009 . B 1383 REC 02333372 05/18/93 16:15 $45.00 1/009 F 1275 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PERSONAL REPRESENTATIVE'S WATER DEED AR 2333372 THIS DEED made by Kenneth E. Koch as Personal Representative of the Estate of • SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH, deceased, Grantor, to FARM CREDIT BANK OF WICHITA fka The Federal Land Bank of Wichita, Grantee, whose address is 245 North Waco, P. O. Box 2940, Wichita, Kansas 67201-2940. WHEREAS, SHIRLEY EDNA KOCH aka SHIPLEY E. KOCH died intestate on November 6, 1992, in Northgienn, Colorado; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on February 9, 1993, and is now qualified and acting in said capacity; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, and for good and valuable consideration, Grantor sells and conveys to Grantee the following described property located in Weld County, Colorado to-wit: All of decedent's interest, except as set forth in Agreement between the parties dated April 26, 1993, in all of the water stock, water rights, carrying rights, ditch rights, wells, pumps motors, electrical, and underground and aboveground irrigation pipe, irrigation equipment and water transport system, if any, situate, lying and being part of certain real property located in the County of Weld and State of Colorado, described as follows: The W1/2 of Section 5 and the E1/2 of the NM/4 and the SE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, EXCEPT a tract of land conveyed to the Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 52, being more particularly described as follows: A tract or parcel of land in the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the East line of Section 6, Township 1 North, Range 68 West, from which the Northeast corner of Section 6 bears Nl°21'30"E, a distance of 97.9 feet; 1. thence along the East line of Section 6, N1°21'30"E, a distance of 97.9 feet to the Northeast corner of Section 6; 2. thence along the North line of Section 6, S89°09'30"W, a distance of 1,314.7 feet to the Northwest corner of the NE1/4 of the NE1/4 of Section 6; 3. thence along the West line of the NE1/4 of the NE1/4 of Section 6, Sl°17'W, a fr distance of 83.6 feet; • 4. thence N89°47'30"E a distance of 248.1 feet; 1 SKLD LG 172 . 20 . 16 . 44 WE 2333372-1993 . 001 b 1383 REC 02333372 05/18/93 16:15 $45.00 2/009 F 1276 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO •• - 5. thence along the arc of a curve to the left, having a radius of 7,700.00 feet, a distance of 618.2 feet (the chord of this arc bears N87°29'30"E, a distance of 618.0 feet); 6. thence N85°11'30"E, a distance of 181.2 feet; 7. thence N85°51'E, a distance of 191.1 feet; 8. thence S43°38'30"E, a distance of 70.7 feet to the West right of way line of the County Road, as located Sept. 1962; 9. thence 588°38'30"E, a distance of 28.7 feet, more or less, to the POINT OF BEGINNING. Also EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 60, being more particularly described as follows: A tract or parcel of land in the Nl/2 of the NW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the West line of Section 5, Township 1 North, Range 68 West from which the Northwest corner of Section 5 bears Ni°21'30"E, a distance of 37.2 feet; 1. thence along the West line of Section 5, N1°21'30"E, a distance of 37.2 feet to the Northwest corner of Section 5; 2. thence along the North line of Section 5, S89°37'30"E, a distance of 2,663.9 feet to the Northeast corner of the NW1/4 of Section 5; 3. thence along the East line of the NW1/4 of Section 5, SO°03'15"W, a distance of 122.0 feet; 4. thence N87°48'W, a distance of 2,393.4 feet; 5. thence N83°58'30"W, a distance of 154.1 feet to the South right of way line of S.H. No. 52, as located Sept. 1962; 6. thence along the South right of way line of S.H. No. 52, as located Sept. 1962, N89°29'W, a distance of 80.0 feet; 7. thence S45°31'W, a distance of 9.9 feet to the East right of way line of the County Road, as located Sept. 1962; 8. thence N89°29'W, a distance of 32.6 feet, more or less, to the POINT OF BEGINNING. Together with decedent's interest in 2.99 shares of the capital stock of the Consolidated Lower Boulder Reservoir and Ditch Company, 190 shares of the capital • stock of Leyner-Cottonwood Consolidated Ditch Company, 25 shares of the capital stock of Erie Coal Creek Ditch and Reservoir Company. Together with all privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, including all water, irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights of way, 2 SKLD LG 172 . 20 . 16 . 44 WE 2333372-1993 . 002 O C:;:) • B 1383 REC 02333372 05/18/93 16:15 $45.00 3/009 F 1277 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO apparatus and fixtures belonging to or used in connection therewith. SUBJECT TO the dry up covenants, recorded June 20, 1989, in Book 1236, Reception No. 02183197 and recorded June 20, 1989, in Book 1236, Reception No. 02183198 of the records of the Clerk and Recorder of Weld County Colorado, and subject to the Subordination Agreements in favor of the City of Lafayette, recorded June 30, 1989, in Book 1237, Reception No. 02184366, and recorded June 30, 1989, in Book 1237, Reception No. 02184367 of the records of the Clerk and Recorder of Weld County, Colorado, and pending litigation regarding the above. SUBJECT TO the statutory lien of Left Hand Water District under C.R.S. §32-1- 1001(1)(j) for the District's unpaid fees, rates, penalties and charges. SUBJECT TO a perpetual lien in favor of the Leyner-Cottonwood Consolidated Ditch Company, for its annual assessments in connection with 190 shares of the stock of • Leyner-Cottonwood. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained and described premises, with the hereditaments and appurtenances, subject to the . exceptions set forth on Exhibit "B" attached hereto, and subject to judgment in favor of Bi- State Machinery Co., Inc., recorded August 10, 1990, in Book 1272, at Reception No. 02222988, and judgment in favor of John L. Anderson recorded November 26, 1990, in Book 1283, at Reception No. 02233985. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever, subject to the provisions of the Agreement between the parties dated April 26, 1993. Grantee is not the spouse, agent, or attorney of the Personal Representa or any corporation or trust in which the Personal Representative has a beneficial interetivest. DATED this_ill_day of May, 1993. ESTATE OF SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH 71 By: Kenneth E. Koch • Personal Representative • Weld Probate Case No. 93 PR 36 3 SKLD LG 172 . 20 . 16 . 44 WE 2333372-1993 . 003 B 1383 RE©333372 05/18/93 16:15 $45.00 4/009 F 1278 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO before me this Lei day of May, 1993 by Kenneth E...Koch as the Personal Representative of the ESTATE OF SHIRLEY EDNA • KOCH, aka SHIRLEY E. KOCH. t�� N!ITNFSS my hand and seal. l/ad \� ` t�Rr. . . tSc p Notary Public iKy eftI ijioR expires / 9. 5'- . ' of Gt'�: r. E 4 SKLD LG 172 . 20 . 16- 44 WE 2333372-1993 . 004 • • • B 1383 REC 02333372 05/18/93 16:15 $45.00 5/009 F 1279 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" 1. Rights'or claims of parties in possession not shown by the public records. 2. Easements, or claims of easeients, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, ei+croarinments, and . any facts which a correct survey and inspection of the premises would disclose and which are not shoe by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. • 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the c nmiittent. 6.' Taxes for the current year, including all'taxes now or heretofore assessed, due or payable. n " r'' ' .. 7. Rights of way for County'roads 30 feet wide on either side of Section and Township lines, as established by order of•the'Baaid'of County Ca:missioners for Weld County, • recorded in Bookc 86 at Page 273:• ' •'•' 11 "q • • 8. All mal and other'minerals within or underlying' said lands; the exclusive right to prospect in and upon said land•'for'm'1.acid'other!minerals, therein, or which may be supposed to be therein,• and to-mire fovfarrll.remove=frtan said land all anal and other minerals which maybe found thereon'byc arnyone;•:the right of ingress, egress and regress upon said land to prosfre.4U.fdr,:ceineLerd'remve• any and all such coal or other minerals aid -the rith to'use'so'mncth'oesaid'land as may be convenient or necessary. for the right of way to and•frcan:such prospect plarns or mines and roads • • and approaches thereto or for rermval•therefran of coal, mineral, machinery or other material; and'the right to said!Unicn'Pacific'Railroad Company to maintain and • operate its railroad in its presEnt froth of'earzstrueti'on and to make any change in the form of construction or method of operation of•said railroad, as reserved by • • Union Pacific Railroad Car pany in Warranty Deed recorded January 31, 1899 in Book 170 at Page 87, and any and all assignments thereof, or interests therein (Affects SWl/4 5-1-68). 1..n 6k - : 9. All cnal and other minerals within or underlying said lands; the exclusive right to prospect in and upon said land for mal and other minerals, therein, or which may be • supposed to be therein, and to mine for and remove fran said land all rnR1 and other minerals which may be Lcu d thereon by anyone; the right of ingress, egress and regress L upon said land to pzuoaec,L for, mire and rencve any and all such coal or other mi orals and the right to use so much of said lard as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines and roads and approaches thereto or for removal therefran of coal, mineral, machinery or other material; and the right to said Union Pacific Railroad Canpany to maintain and operate its railroad in its present form of . construction or method of operation of said railroad, as reserved by Union Pacific Railroad Ccnpany in Warranty Deed recorded July 17, 1900 in Book.178 at Page 401, and any and all assigments thereof or interests therein (Affects NW1/4 5-1-68). • SKLD LG 172 . 20 . 16 . 44 WE 2333372-1993 . 005 ® O B 1383 REC 02333372 05/18/93 16:15 $45.00 6/009 F 1280 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) • 10. Right to run water through a certain lateral ditch running from the main ditch or The Erie rnal Creek Ditch and Reservoir Company through and across th NW1/4, Section 5, Township 1 North, Range 68 West of the 6th P.M., as conveyed to Carl Basch by Elijah V. ' Lovejoy in Warranty Deed recorded October 27, 1900 in Book 181 at Page 273, in which the specific location of said right-of-way is not defined. 11. Gentry Drainage Ditch, and any and all rights of way therefor, as evidenced by Map and Statement filed October 26, 1910 as Reception No. 160177, insofar as the same may affect subject property. • • 12. Right of way for the irrigation ditch of the Consolidated Lower Boulder Reservoir and Ditch Company as now constructed, as granted to,The Consolidated Lower Boulder Reservoir and Ditch Company by Robert F. VcCar hy,, as.the Administrator of the Estate of Sarah Jane Woolley, d«nissd, in Administrator's recorded November 3, 1917 in Book 489 at Page 223, affecting the following r7Pscribed rrty:• . A strip of land through the SW1/4'of the SW1/4 of Section 5, Township 1 North, Range 60 • West of the 6th P.M. 25 feet on 'the right and•15 feet on the left of the following de_srribed line; Beginning at a point on the West line of Section 5-1-68W. 6th P.M., 100 . feet South of the West quarter corner of the said Section; the S44°40'E, 215 feet; thence S20°33'W, 250 feet; thenoe''S77° nce 20'�E ':'278 feet; thence S3O°O6'E, 200 feet; thence S54°13'E, 335 feet; theme a:strip,'o 'l'and}25 feet, on the left and 50 feet on the right, S24 47_W, 158 feet; thence 'a strip oft'lancl is,feeir''cn'the left and 25 feet on the right N78°56'W, 275 feet; thence N63°02'W; I100"feetttthenoe N'16°51'W, 287 feet more or less to the West line of the said Section,'+kie4iigt:attpoYtY�'of•tlie Wl/2 of the SW1/4 of said Section 5. l.:; • . : ,. ••I.I_. r' ;,,��;';:'I t:i° t;. , • 13. Easement and right of way to constnact; opetate' and maintain its electric transmission, distribution and service lines as•granted 'to Public Service Company of Colorado by Jennie • C. Johnson, AdminisLratrix of the Estate of Henry L. Johnson, deceased, Alice M. Janes, Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Book 1206 at Page 214, affecting the following • rloaa•ibed property: Over and across the Westerly portion of SW1/4 of Section 5, Township 1 North, Range 68 •• West of the 6th P.M., which right of way is more particularly da"-ited as follows: A right of way 45 feet wide, running East and West along the South boundary of said Section : 5; Beginning at the East line of the County road on the West of said Section 5 and continuing Easterly, parallel with and adjoining the North side of the County road on the South of said Section 5, for a distance of 1255.5 feet. • • • SKLD LG 172 . 20 . 16. 44 WE 2333372-1993 . 006' • • 4 . . : O • B 1383 REC 02333372 05/18/93 16:15 $45.00 7/009 - F 1281 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) ' 14. Easement and right of way to construct, operate and maintain its electric transmission, .j distribution and service line, es granted to Public Service Company of Colorado by Clarence E. Johnson in instrument recorded June 2D, 1947 in Book 1206 at Page 215, tw affecting the following ciaa'ribed property: Over.and across the Easterly portion of SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M. the approximate centerline of which right of way is more particularly described as follows: • • A right of way 45 feet wide, running East and West along the South boundary of said Scotian 5; Beginning at a point which is 1255.5 feet East of the East line of the County road on the West of said Section; thence Easterly, parallel with and adjoining the North ' side of the County road on the South of said Section 5, for a distance of 1354.5 feet, more or less, to the North and South center line of said Section 5, Township 1 North, Range 68 West. 15. Right of the Proprietor of a Vein or Lnl to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 18, 1893 in Book 34 at Page 368 (Affects E1/4NE1/4 6-1-68). • 16. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 18, 1893 in Book 34 at Page 368 (Affects E1/2NEI/4 6-1-68). • 17. Right of the Piuvrietor of a Vein or• Jode to.extract and remove his ore therefrom should - ,the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 18P1893 in Book 51 at Page 194 and re-recorded June 23, 1919 in Book 333 at Page 132 (Affects SE1/4 6-1-68). 18. Easement and right of way for the eonstzuctions, operation and maintenance of an •• irrigation ditch, as granted to Erie Cnnl Creek Ditch and Reservoir Company by John R. Thomas in Quit Claim Deed recorded February 13, 19O9 affecting the following decrribed property: Said right of way to be 16 1/2 feet in width, beginning at a point. 1017 feet North of the . Southwest corner Of the SE1/4 of.6-1-68W of the P.M., then running diagonally across said above described premises, crossing the South line of said above described (and about 705 feet East of the Southwest corner of. said above rIncrribed 1/4 in Section 6). 19. Easement and right of way along the line of the Lower Boulder Ditch, with the privilege to enlarge the same as it now runs through the SE1/4 of Section 6, Township 1 North of Range 68 West and the E1/2 of the NE1/4 of Section 6, Township 1 North, Range 68 West as granted to The Lower Boulder Extension Ditch Company by John R. Thomas in Quit Claim Deed recorded July 12, 1911 in Bolt 323 at Page 302, in which the specific location of said . right of way is not defined. • • • • • • SKLD LG 172 . 20 . 16 . 44 WE 2333372-1993 . 007 • B 1363 REC 02333372 05/18/93 16:15 $45.00 8/009 F 1282 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) • 20. Easement and right of way to construct, operate and maintain its electric transnisslon, distribution and service lines, as granted to Public Service Company of Colorado by Jennie C. Johnson, Administ_Latrix of the Estate of Henry L. Johnson, deceased, Alice M. James, Father 3. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in . instrunent recorded June 2O, 1947 in Book 1206 at Page 2O8, affecting SE1/4 of Section 6. 21. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement recorded Daei. er 27, 1955 in Book 1438 at Page 227 (Affects NW1/4 5-1-68). 22. Easnent and right of way for a perpetual ease tent and right-of-way to reconstruct the not existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South ' Platte Supply Canal including the right to borrow from or fill, as granted to Northern Colorado Water CcneerVancy District, a quasi-municipal corporation by Clarence Johnson, in the instrwnent recorded February 2O, 1956 in Book 1443 at Page 171, affecting NW1/4 of „ the SW1/4 Section 5. • 23. 'Easement and right of way for a perpetual easement and right-of-way to reconstruct the new!-existing Lower Boulder Irrigation Canal arnd to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation, by Jennie C. Johnson, Alice Johnson James, Esther Johnson Branch,. Clarence Johnson, Norman Johnso-. aryl Maynard Johnson, in the instrument recorded•February 26, 1956 in Book 1443 at Page 175, affecting N1/2 of the SE1/4 Section 6, Township 1 North, Range 68 West. 24. Easement and right of way for a perpetual'ease ent and right-of-way to reconstruct the now-existing Lower Boulder Irrigation Carnal: and to construct, operate and maintain the South Platte Supply Canal, including the.right•to borrow from or fill as granted to Northern Colorado Conservancy District, .a quasi-municipal corporation by Norman H. Johnson, in the instrument recorded March 22;.1956 in Book 1445 at Page 85, NW1/4NW1/4 of Section 5. 25. Easement and right of way to lay, construct,' maintain, lover, inspect, repair, replace, relocate, change the size of, operate and remove a pipe line drips, pipeline markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and cperatio of said lines and for the transporatiar of oil, gas, or other substances purposes, as granted to Panhandle Eastern Pipeline Canpany ' by Kenneth E. Koch and Shirley E. Koch by instrunent recorded June 29, 1978 in Book 837 - as Reception No. 1758678, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 26. Easement and right of way to lay, cccstruct, maintain, lower, inspect, .repair, replace, ' i relocate, change the size of, operate, and remove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances ccnvenient for the maintenance and operation of said lines and for the transportation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Company • by Kenneth E. Koch and Shirley E. Koch by instrumnt recorded June 13, 1979 in nook 872 as Reception No. 1793621, in which the specific location of the easemnt is not defined (Affects SE1/4 6-1-68). • • - SKLD LG 172 . 20 . 16. 44 WE 2333372-1993 - 008 .. - - i • B 1383 REC 02333372 05/18/93 16:15 $45.00 9/009 F 1283 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" (continued) • • 27. Easement and right of way to lay, construct, maintain, amber, inspect, repair, replace, relocate, change the size of, operate, and rennve a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said lines and for the transporation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch by instrument recorded December 12, 1979 in Book 890 as Reception No. 1811651, in which the specific location of the easement is not • defined (Affects SE1/4 6-1-68). 28. Terms, agreements, provisions, conditions and obligations of Right of Way Agreement by and between Kenneth E. Koch and Shirley E. Koch and Atroco Production Canpany recorded • September 19, 1985 in Book 1085 at Reception 02025478 and Ratified by Farm Credit Bank of Wichita fka The Federal Land Bank of Wichita recorded November 18, 1991 in Book 1317 at Reception NO. 02269602. • 29. Terms, agreements, provisions, conditions and obligations of Derlaration of UNITIZATION • recorded May 12, 1986 in Book 1112 at Reception No. 02053234. 30. Terms, agreement, provisions, conditions and obligations of Agreement by and between • Shirley E. Koch and Kenneth E. Koch, The Ninth District Federal Land Bank Association, a oorporation, as attorney in fact for Fann Credit Bank of Wichita, a corporation and 44:e City of Lafayette, a Colorado municipal corporation, recorded June 30, 1989 in Book 1237 at Reception No. 02184366. 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance `hereof. • SKLD LG 172 . 20 . 16 . 44 WE 2333372-1993 . 009 . B I39hC 02348027 08/27/93 15:2 ,° $15.00 1/003 F 0712 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR 2348027 QUIT CLAIM DEED THIS DEED, Made this 27th day of August, 1993, between KENNETH E. KOCH and Kenneth E. Koch as Personal Representative of the ESTATE OF SHIRLEY E. KOCH of the County of Weld, and State of Colorado, grantor, and FARM CREDIT BANK OF WICHITA, a corporation duly organized and existing under and by virtue of the laws of the State of Kansas, grantee,whose legal address is 245 North Waco, P.O. Box 2490,Wichita,Kansas 67201-2940, WITNESS, That the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents dorm remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the rent property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 1516, recorded August 26, 1993, at Book 1398 under Reception No.2347681,being more particularly described as follows: The East Half (E1/2) of the Northeast Quarter (NEl/4) of Section Six (6), Township One(1)North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, and that pan of the Southeast Quarter (SEE/4) of Section Six (6), Township One(1)North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being Northerly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado,excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded A.pri14, 1963 in Book 1643 at Page 52, with the balance being more particularly described as follows: Beginning at the West 1/4 Corner of said Section 6; Thence 500°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35"W — 79.09 feet; N62°58'38"W — 183.07 feet; N55°26'29'W -- 132.91 feet; N60°24'19'W — 142.18 feet; N76°28'39"W 157.99 feet; N61°48'18'W — 77.62 feet; N46°18'28"W -- 110.78 feet; N24°16'08'W — 72.71 feet; N02°45'55"E — 137.31 feet; N28°08'38'W — 71.77 feet; 1455°42'56"W — 134.67 feet; N73°39'24"W -- 317.00 feet; S86°59'04'W -• 259.70 feet; N79°52'14"W -- 385.77 feet; S82°10'36"W — 52.32 feet; :554°46'29"W —246.55 feet; S72°20'05"W — 248.93 feet; S47°17'29"W • 37.17 feet; 803°16'30"W -- 42.23 feet; S27°36'01'E— 195.07 feet; 504°35'45'E—73.50 feet; S31°32'51"W-- 132.36 feet; S58°41'38"W—76.12 feet; N81°18`54°W 18'54"W— 136.60 feet; S80°12'28"W— 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence RWR12 anrasirta o 1 SKLD LG 172 . 20 . 16 . 44 WE 2348027-1993 . 001 S 1399 RECc;'348027 08/27/93 15:20 c.00 2/003 F 0713 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO N01°10'12"E along said West tine of the SEI/4 a distance of 742.74 feet to the center of said Section 6; Thence S88°42'13•E along the North line of said Southeast 1/4 of Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section 6;'Thence 01°15'32"B along the West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 feet to the Southwest Corner of said parcel of land conveyed to the Department of Highways,said point being 83.60 feet South of the Northwest corner of said East 1/2 of the Northeast 1/4 of Section 6;Thence Easterly along the Southerly line of said parcel conveyed to the Department of Highways the following 6 courses: N89°42'45"E— 254.54 feet to Station 173+93.3 P.C. Project No. S0030(12);Along the arc of a curve to the left,having a radius of 7,700.00 feet, a chord that beats N87°24'45"E-618.03 feet,and an arc length of 618.20 feet; N85°06'45"E-181.20 feet;N85°46'15•E—191.10 feet;S43°43'15"E-70.70 feet;S88°39'00"E-28.60 fcnt to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6,said point being 97.90 feet South of the Northeast corner of said Section 6,Thence S01°20'41"W along said East lien of the East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning EXCEPT Lot A of Recorded Exemption No. 1516,recorded August 26, 1993, at Book 1398 under Reception No.2347681,being more particularly described as follows: That part of the East Half(E1./2)of Section Six(6),Township One(1)North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian,being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado,being more particularly described as follows: Beginning at the West 1/4 Corner of said Section 6;Thence S00°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly,Westerly and Easterly along said centerline of The Lower Boulder Ditch the following 14 courses: N30°01'41'W—62.92 feet;N31°36'15"W— 189.15 feet; N07°28'47"E — 98,75 feet; N08°38'20"W -- 49.99 feet; N26°22'02"W—322.52 feet;N42°18"37"W--446.79 feet;N08°41'47"W— 51.64 feet; N16°02'31"E - 140.04 feet; N38°58'34"E — 70.10 feet; N60°29'33'E-170.54 feet;NS1°53'52'E—79.29 feet;N19°27'15"E--137.62 feet;N36°53'13"E—75.59 feet;N56°5S'04'E-288.50 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6;Thence S0l°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.94 feet to the Point of Beginning. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances 5WP314FU2 2 °ez OWW0 SKLD LG 172.20.16.44 WE 2348027-1993.002 • B 1359 REC1348027 08/27/93 15:20 .00 3/003 F 0714 NARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO and privileges thaamto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. The singular number shall include the plural, she 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. te k �53NNE111 E. KOCH ESTATE OF SHIRLEY E. KOCH /n1617ee6t By: Kenneth E Koch Personal Representative STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this f day of August, 1993, by KENNETH E. KOCH, individually and Kenneth E. as the Personal Representative of the ESTATE OF SHIRLEY E. KOCH. Witness my band and official seal. I ERR araaoad)" (4,PAIDLIA-Th jC*) NTY Fitt j, pq�"ar Notary Public My Commission expires: RWPauPII2 3 SKLD LG 172 . 20 . 16. 44 WE 2348027-1993 . 003 © O 4n n E'""n se ° n'a-1° ge s r,•. Ga��i' 9E€0 F Q- ii@siOpiStiEi9cs�,:. ,..• tiF' Fa�sgii $ 4 Q .p O.. 4g WI aFie pl y ° a" ° E . . Uq€ e ry i ' I!ih! !L s3 ::II •eeeg[ �yi ! € yama !SS° tle¢iiAgbg€ii``eag�s yi[ ile By �ao �Fl� � ilE°Yi jIaBI�En4g BB'� ° gfq°E i ?i"o ep° aii5Fn9IjI!r! °°p a ° °7C F i 4 ,p ?5;fp ° yyfi`i n�y . iie aa Q e s[ i5FAi4° �6 IlibI 0giii eG-e °nilaF¢ g. n46 n 5 rB ° te C. - [ :S s Filw 54x1a 3a69 €gy [ {(e 4 ` •. i 4 e�� ;�9�5€ CS�IEp, [F °lee ee yl i Gt � M �. °i[• y I I�� ry S i ! c3e! j!5 ! 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II 6 y *j 1.e \\ 1.,.1 1 R .. p 4 .-- N • ft'»tz--M.rt.ot•to5 d 3,'p = ►I,n—tiilA/t1 } �� H] wd N!isYq P. 2 6/.'865[--M.etCtI0S CG 0 113 F q • ! * ' i • >,,,,..:..i _ 4. = i • t `/�1 (� B 14 :)REC 02364423 12/16/93 12:9!! $15.00 1/003 AR2364423 F 0542 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO CORRECTION QUIT CLAIM DEED 'IBIS DEED, Made this l.tbday of December, 1993, between KENNETH E. KOCH and Kenneth E. Koch as Personal Representative of the ESTATE OF SHIRLEY E. KOCH of the County of Weld, and State of Colorado, grantor, and FARM CREDIT BANK OF WIt:ti11A, a corporation duly organized and existing under and by virtue of the laws of the State of Kansas, grantee, whose legal address is 245 North Waco, P. O. Box 2490, Wichita, Kansas 67201-2940, WITNESS, That the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, rel se, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: The East Half (E1/2) of the Northeast Quarter (NEI/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth (6th)Principal Meridian, and that part of the Southeast Quarter (SE1/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian,being Northerly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S01°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35"W - 79.09 feet; N62°58'38"W — 183.07 feet; N55°26'29'W — 132.91 feet; N60°24'19"W — 142.18 feet; N76°28'39"W — 157.99 feet; N6I°48'18"W — 77.62 feet; N46°18'28"W -- 110.78 feet; N24°16'05"W — 72.71 feet; N02°45'55"E — 137.31 feet; N28°08'38"W - 71.77 fixt, N55°42'56"W -- 134.67 feet; N73°39'24"W — 317.00 feet; 586°59'04"W - 259.70 feet; N79°52'14"W — 385.77 feet; S82°10'36"W -- 52.32 feet; S54°46'29"W — 246.55 feet; S72°20'05"W — 248.93 feet; S47°17'29"W — 37.17 feet; S03°16'30"W — 42.23 feet; S27°36'01"E- 195.07 feet; S04°35'45"E-73.50 feet; S31°32'52"W-- 132 36 RWV 514rn2 1 9Ydo SKLD LG 172 . 20 . 16 . 44 WE 2364423-1993 . 001 B 1417 RQ2364423 12/16/955 12:08 Q15.00 2/003 F 0543 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO feet; S58°41'38"W— 76.12 feet;N81°18'54"W— 136.60 feet; 580°12'28"W— 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence N01°10112"E 10'12"E along said West line of the SEd/4 a distance of 742.74 feet to the center of said Section 6; Thence S88°42'13"E along the North line of said Southeast 1/4 of Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence N01°15'32"E along the West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 feet to the Southwest Corner of said parcel of land conveyed to the Department of Highways, said point being 83.60 feet South of the Northwest corner of said East I/2 of the Northeast 1/4 of Section 6; Thence Easterly along the Southerly line of said parcel conveyed to the Department of Highways the following 6 courses: N89°42'45"E — 254.54 feet to Station 173+93.3 P.C. Project No. S0030(12); Along the arc of a curve to the left, having a radius of 7,700.00 feet, a chord that bears N87°24'45"E—618.03 feet, and an arc length of 618.20 feet; N85°06'45"E- 181.2.0 feet;N85°46'15"E—191.10 feet; 543°43'15"E—70.70 feet; S88°39'00"E-28.60 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6, said point being 97.90 feet South of the Northeast corner of said Section 6, Thence S01°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning Exciaq Lot A of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, -1993, at Book 1404 under Reception No. 02353061, being more particularly described as figllows: That part of the East Half(E1/2) of Section Six (6), Township One (1) North, Range Sixty-Eight(68)West of the Sixth (6th) Principal Meridian, being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S010°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 39.44 feet to a • point on the approximate: centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Easterly along said centerline of The Lower Boulder Ditch the following 14 courses: N30°01'41"W — 62.92 feet; N31°36'15"W — 189.15 feet; N07°28'47"E — 98.75 feet; N08°38'20"W — 49.99 feet; N26°22'02"W — 322.52 feet; N42°18"37"W — 446.79 feet; N08°41'47"W — 51.64 feet; N16°02'31"E - 140.04 feet; N38°58'34"E — 70.10 feet; N60°29'33"E-170.54 feet;N41°53'52"E—79.29 feet;N19°27'15"E-- 137.62 feet; N36°53'13"E — 75.59 feet; N56°58'04"E- 288.50 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6; Thence S01°20'41"W "W along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.94 XN7"supn2 ax,nsia4do 2 SKLD LG . 172 .20. 16. 44 WE 2364423-1993 . 002 • B 3.417 REC J 4423 12/16/93 12:08 $1(-5 ,0 3/003 • F 0544 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO feet to the Point of Beginning. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. 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. ‘CliN K uENNETH E. KOCH ESTATE OF SHIRLEY E. KOCH 91/A7,fit.e.21 e teal By: Kenneth E. Koch Personal Representative STATE OF COLORADO ) BOULDER ) 55. COUNTY OF-WEtD- ) The foregoing instrument was acknowledged before me this 13th day of December, 1993,...by,, KENNETH E. KOCH, individually and Kenneth E. Koch as the Personal Repietegtatitive of the ESTATE OF SHIRLEY E. KOCH. V „ hand and official seal. &Led 1 3�OiAY 1 O ` (1.27. • • . 01s. Notary Public My Commission expires: October 16,_ 1994. RWP3t4m>z • 120193/I4O 3 • SKLD LG 172 . 20 . 16 . 44 WE 2364423-1993 . 003 B 1420 02367045 01/03/94 127.0114;? $15.00 1/003 --- F 0716 Y ANN PEUERSTEIN CLERK 6 RDER WELD CO,• CO AR2367045 CORPORATION SPECIAL WARRANTY DEED STATE DIEIIMENTARY FEE Date �� I Farm Credit Bank of Wichita $ —44 ,SO I{ • THIS INDENTURE, made this 21st day of December, 1993, between FARM CREDIT BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part, and H. GENE BULTHAUP and CAROLYN M. BULTHAUP,as joint tenants, whose address is 620 Ifighway 52, Erie, Colorado 80516. WITNESSETH: 'Dat the said party of the first part, for good and valuable can:aderation to it in hand paid by the said party of the second part, the receipt of which is hereby confessed and acknowledged,has granted,bargained, sold and conveyed,and by these presents does grant, bargain, sell and convey unto H. GENE BULTHAUP and CAROLYN M. BUI.THAUP, their heirs, successors and assigns, forever, its title to and interest in the following described real estate situated in the County of Weld and State of Colorado to wit Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: The East Half (El/2) of the Northeast Quarter (NE1/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, and that part of the Southeast Quarter (SE1/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being Northerly of the centerline of The Lower Boulder Ditch,County of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of HIghways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S01°17'00'W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35'W - 79.09 feet; N62°58'3O'W - 183.07 feet; N55`26'29'W — 132.91 feet; N60°24'19"W - 142.18 feet; N76°28'39'W — 157.99 feet; N61°48'18"W — 77.62 feet; N46°18'28'W — 110.78 feet; N24°16'08'W — 72.71 feet; N02'45'55'E - 137.31 feet; N28°0S'38'W — 71.77 feet; N55°42'56"W — 134.67 feet; N73°39'24'W — 317.00 feet; 586°59'04"W - 259.70 feet; N'79°52114"W — 385.77 feet.; S82°10'36'W — 52.32 feet; S54°46'29"W — 246.55 feet; S72°20'05'W - 248.93 feet; S47°17'29'W — 37.17 fret; 503°16'30°W — 42.23 feet S27°36'01'B- 195.07 feet;S04°35'45'E-73.50 fret; S31°32'51"W— 132.36 feet;S58°41'38'W—76.12 feet;N81°18'54'W— 136.60 feet; S80°12'28°W 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence • N01°10'12"E 10'12"E along said West line of the SE1/4 a distance of 742.74 feet to the center of said Section 6; Thence S88°42'13"E along the North line of said SKLD LG 172 . 20 . 16. 44 WE 2367045-1994 . 001 KACERT. • • © Q B 1420 REC 02367045 01/03/94 12:00 $15.00 2/003 F 0717 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO Southeast 1/4 of Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence N01°15'32"E along the West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 feet to the Southwest Corner of said parcel of land conveyed to the Department • of Highways, said point being 83.60 feet South of the Northwest corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence Easterly along the Southerly line of said parcel conveyed to the Department of Highways the following 6 courses: N89°42'45"E -- 254.54 feet to Station 173+93.3 P.C. Project No. • S0030(12); Along the arc of a curve to the left, having a radius of 7,700.00 feet, a chord that bears N87°24'45"E—.618.03 feet, and an arc length of 618.20.feet; • N85°06'45"E- 181.20 feet;N85°46'15"E— 191.10 feet;543°43'15"E—70.70 feet;S88°39'00"E-28.60 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6, said point being 97.90 feet South of the Northeast corner of said Section 6, Thence S01°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning EXCEPT Lot A of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described rs follows: That part of the East Half(E1/2)of Section Six (6), Township One (1) North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian,being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being moue particularly described as follows: • Beginning at the East 114 Corner of said Section 6; Thence S0I0°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder. Ditch; Thence Northerly, Westerly and Easterly along said centerline of The Lower Boulder Ditch the following 14 courses: N30°01'41"W — 62.92 feet; N31°36'15"W — 189.15 feet; N07°28'47"E -- 98.75 feet; N08°38'20"W — 49.99 feet:; N26°22'02"W -- 322.52 feet; N42°18"37"W — 446.79 feet; N08°41'47"W — 51.64 feet; N16°02'31"E - 140.04 feet; N38°58'34"E — 70.10 feet; N60°29'33"E- 170.54 feet; N41°53'52"E—79.29 feet; N19°27'l5"E- 137.62 feet; N36°53'13"E — 75.59 feet; N56°58'04"E - 288.50 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6;Thence 801°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.94 feet to the Point of Beginning. RESERVING, HOWEVER, unto party of the first part any minerals and mineral rights acquired prior to January 23, 1986. Party of the first part conveys 100% of all minerals and mineral rights now owned by it, if any, which were acquired after January 23, 1986. SIJBJECt TO: Easements, rights of way, restrictions, reservations, mineral interest or • mineral leases of record, and any building or zoning nztiictions or regulations. SKLD LG 172 . 20 . 16 . 44 WE 2367045-1994 . 002 KACERT . B 1420 REC 02367045 01/03/94 12:00 $15.00 3/003 F 0718 MARY ANN FEUERSTEIN CLERIC 6 RECORDER WELD CO, CO • TO HAVE AND TO HOLD the same, together with all and singular the title and it'crest of party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby otmveyed in the above described premises; and that it will WARRANT AND DEFEND the same unto the party of the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them, or either of them IN WITNESS WHEREOF, the said party of the first part has caused these present to be signed by its Vice President, and its corporate seal to be affixed hereto, and attested by its Secretary, by and with the consent and authority of.its Board of Directors, on the date and year first above writtens,eurI it 4g0G ATTEST: Farm Credit Services of The Mountain o i SEAL g Plains, Federal Land Bank Association, a Corporation, as Attorney in Fact for Fawn +6;• 'Credit Bank of Wichita, aCorp.,dor, A istant Secretary avid G. Haak, Assistant Vice President ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for said County and State, on this 2L/ day of December, 1993,personally appeared David G. Haak to me personally known and known to me to be the identical person who subscribed the name of Farm Credit Services o! The Mountain Plains, Federal Land Bank Association, a Corporation, as Attorney in Fact for Farm Credit Bank of Wichita, a Corporation, Wichita, Kansas, to the foregoing instrument as its Assistant Vice President, and he being by me duly sworn did say that he is such officer an 1 that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, aid he acknowledged to me that he executed the same as Hs free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the purposes set forth and specified therein. Witness my hand and seal the day and year last above written. '170, Notary Public • My Commission Expires: • • ! ; KIMBERLEEG. a DERR aid io • SKLD LG 172 . 20 . 16 . 44 WE 2367045-1994 . 003 KACERT . ?iX © O • DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE (TESTATE ESTATE) • THIS DEED is made by DWAYNE E. KOCH, as Personal Representative of the Estate of KENNETH E. KOCH, also known as Kenneth Eugene Koch and as Kenneth Koch, Deceased, Grantor,whose address is 5665 Weld County Road 3, Erie, Colorado 80516, to DIANA E. GODINHO, whose address is 13750 Huron, Broomfield, Colorado 80020, and DWAYNE E. KOCH, whose address is 5665 Weld County Road 3, Erie, Colorado 80516, as tenants in common, Grantees. WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated October 25, 1994, which Will was duly admitted to informal probate on April 23, 1997, by the District Court in and for the County of Weld and State of Colorado, Probate No. 97 PR 108, Division 1; WHEREAS, Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld, and State of Colorado, Probate No. 97 PR 108, Division 1, on April 23, 1997, and is now qualified and acting In said capacity. WHEREAS, the Grantees are entitled to distribution of the property hereinafter described, and Grantor is authorized to distribute the same to Grantees; NOW,THEREFORE,pursuant to the powers conferred upon Grantor by said Last Will and Testament and by the Colorado Probate Code, Grantor does hereby convey, assign, transfer, release and set over unto Grantee, all of the Grantor's Interest in and to all.real property interests of-any kind.or- nature, all-minerals-and mineral-rights, all- water and water rights,,and any and all other rights or interests in or appurtenant to any real property situate in the County of Weld, State of Colorado, or anywhere in the State of Colorado, including, but not necessarily limited to, the following described real property: SEE ATTACHED SCHEDULE A TOGETHER WITH the right of Ingress and egress to the property at all times for the purpose of drilling for production or exploration, and the right to grant an oil and gas lease and to receive any share of rents, royalties, bonus payments,or similar sums that might be payable under the terms of an oil and gas lease or any other contract; - with all appurtenances, subject to mineral reservations of record and 1998 general property taxes which Grantees assume and agree to pay. 11111111111111111111111 IIII 1111111101 III 111111111 IIII 2810620-05/0471998-04-:54F Wald County CO • 1 of 3 R 16.00 D 0.00 JA Suk1 Taukamoto SKLD LG 172 . 20 . 16. 44 WE 2610620-1998 . 001 Cgai EXECUTED this 1st day of May, 1998. Dwayne E//Koch, as Personal Representative of the Estate of Kenneth E. Koch, also known as Kenneth Eugene Koch and as Kenneth Koch, Deceased. • STATE OF COLORADO ) ) ss, COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 1st day of May, 1998, Ay-Dwayne E.Koch, as Personal Representative of the Estate of Kenneth E. Koch,also Vfj%&. i(enneth Eugene Koch and as Kenneth Koch, Deceased: 4 ' , m si n W1 IZ•j" iteteis my n d and official seal. expires: June9, 'doj 1998. O1 :;/ otary Public 11111111111111111 11111 VIII III! 2610820 05/04/1998 04:54P Weld County CO 2 of 3 R 16.00 D 0.00 JA Sukl Tsukamoto SKLD LG 172 . 20 . 16 . 44 WE 2610620-1998 . 002 © O SCHEDULE A Lot A of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: That part of the East Half(E1/2) of Section Six (6), Township One.(.I).North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian,being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S010°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Easterly along said centerline of The Lower Boulder Ditch the following 14 courses: N30°01'41"W— 62.92 feet; N31°36'15"W — 189.15 feet; N07°28'47"E — 98.75 feet; N08°38'20"W — 49.99 feet; N26°22'02"W — 322.52.feet; N42°18"37"W -- 446.79 feet; N08°41'47"W — 51.64 feet; N16°02'31"E -- 140.04 feet; N38°58'34"E — 70.10 feet; N60°29'33"E--170.54 feet;N41°53'52"E--79.29 feet;N19°27'15"E— 137.62 feet; N36°53'13"E-- 75.59 feet; N56°58'04"E --288.50 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6;Thence S01°20'41"W along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673.94 feet to the Point of Beginning. Weld County, Colorado 11111111111 IIIE 1111111111111111 MI III ILIUM Ills 2810B20 08/04/1998 04:54P Wild County CO 3 of 3 R 16.00 D 0.00 JA Suki Tsukamoto - - SKLD LG 172 . 20 . 16. 44 WE 2610620-1998 . 003 223 1111111 IIIIIIIIIIIIIIIIIIIIflll Q 2632223 08/11/1998 10t01R Weld County CO _ 1 of 3 R 16.00 D 3,12 JA Sukl Toukamoto QUITCLAIM DEED • THIS DEED,made this 3rd day of August :998 • ' • between H. GENE BULTHAUP and CAROLYN M. BULTHAUP • • 620 Highway 52, Erie, Colorado 80516 of the 'County of WELD and State of Colorado.gramnr(s).and RICHARD M. BULTHAUP end ANGELINE M. BULTHAUP, STWROS • • • whose legal address is 2780 W. 149th Avenue, Brownfield, Colorado 80020 of the County of and State of Colorado,granlee(s). WITNESS,that the grantor(s),for and in consideration of the sum of THIRTY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/100THS---($31,250.00) DOLLARS. • the receipt and sufficiency of which Is hereby acknowledged.have remised.released.sold and QUITCLAIMED,and by these presents do remise.release.sell and QUITCLAIM unto the grantee(s). their heirs successors and assigns forever.all the right.title.interest.claim and demand which the grantor's)ha ve in and to the real property.together with improvements.if any, • situate.lying-and beingen the- Count)ul WELD and SmteulColorado, described as fellows: • • SEE LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. • • • • • also known by street and number as: assessor's schedule or parcel number, TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise • thereunto appertaining,and all the estate,tight,title,interest and claim whatsoever of the grantor(s),either in law or equity.to the only • proper use,benefit and behoof of the grantee(s) their heirs and assigns forever. IN WITNESS WHEREOF, e grantor's)ha Ye executed this deed on the date set forth above. i H. ENE BUT UP' (' CAROI:YN M'. BUT:1'HAUF • STATE OFCOLORADO ss. County of BOULDER • The foregoing instru . `nowledged before me this 3r day of August .1998 by H.. Gene `;4,s .9aBp �..`‘',,,Carolyn M. Bulthaup. • • e Q•. ? 'j=, fWitness my hand and official seal. t j e My commission expires: May 19 2002 ISN•%Aon% O; c •uintkn.e,.mrzo !Weet.`Ge PO% sat .ere 4 °pF OO�OPd. Phillip S. Won •..... Name and Address or Peron[,miry Newly Cmnd 4erpl oesoPdnn II b 0S.S CRS) i No.933.Rev,d-9a. ourrcutm DEED Bradford Pebliahaa.1743 Wane Sr.Iris,,CO a0202—(3O1 292-2500-3'97 y!h_ SKLD LG 172 . 20 . 16. 44 WE 2632223-1998 . 001 KACERT-_.___ Q EXHIBIT "A" An undivided one-fourth interest in and to the following described property: • Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly described as follows: The East Half (E1/2) of the Northeast Quarter (NEl/4) of Section Six (6), Township One(1)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, and that pad of the Southeast Quarter (SEI/4) of Section Six (6), Township One(I)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being Northerly of the centerline of The Lower Boulder Ditch,County of Weld, State of Colorado,excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence 501°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: 1474°30'35"W -- 79.09 feet; N62°58'38"W -- 183.07 feet; N55°26'29"W -- 132.91 feet; N60°24'19"W -- 142.18 feet; N76°28'39"W -- 157.99 feet; N61048118"W -- 77.62 feet; N46°18'28"W -- 110.78 feet; N24°16'OS"W -- 72.71 feet; N02°45'55"E — 137.31 feet; N28°08'38"W -- 71.77 feet; N55°42'56"W -- 134.67 feet; 1473°39'24"W -- 317.00 feet; 586°59'04"W -- 259.70 feet; N79°52'14"W -- 385.77 feet; 582°10'36"W -- 52.32 feet; S54°46'29"W -- 246.55 feet; S72°20'05"W - 248.93 feet; S47°17'29"W -- 37.17 feet;, 503°16'30"W -- 42.23 feet;. S27°36'01"E-- 195.07 feet;S04°35'45"E--73.50 feet;S31°32'51"W-- 132.36 feet; S58°41'38"W--76.12 feet;N81°18'54"W 18'54"W-- 136.60 feet;S80°12'28"W-- 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence N0I'10'12"E along said West line of the SEI/4 a-distance of 742.74 feet to the center of said Section 6; Thence 588°42'13"13 along the North line of said I IIIIII 11111 111111111111111 III 11111111 III 11111 Iill IIII 2632223 08/11/1998 .10:018 Wald County CO 2 of 3 R 16.00 D 3.12 JR Suki Ttukamoto r SKLD LG 172 . 20 . 16 . 44 WE 2632223-1998 . 002 KACERT. 2632223 111III IIIII 11111111111 11111III 11Il1n1 III III O ty CO 3 of 3 R 16.00 0 3.12 JR Sukl Taukamoto Southeast 1/4 of Section 6 a distance of 1315.92 feet to the Southwest Corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence NOV 15'32"13 along the West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 feet to the Southwest Corner of said parcel of land conveyed to the Department of Highways, said point being 83.60 feet South of the Northwest corner of said East 1/2 of the Northeast 1/4 of Section 6; Thence Easterly along the Southerly line of said parcel conveyed to the Deparonenl of Highways the following 6 •.ourses: N89°42'45"E -- 254.54 feet to Station 1731-93.3 P.C. I'rc;ect No. S0030(12); Along the arc of a curve to the left, having a radius of 7,700.00 feel, a chord that bears N87°24'45"E--618.03 feel,and an are length of 618.20 feet; N85°06'45"E-- 181.20 feet;N85°46'1513-- 191.10 feel;S43°43'1511--70.70 feet;S88°39'00"E--28.60 feet to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6, said point being 97.90 feet South of the Northeast corner of said Section 6, Thence S01°20'41"W along said East line of'he East 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning EXCEPT Lot A of 2nd Corrected Recorded Exemption No. 1467-06-1-IH!1516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more particularly drecrihed as follows: That part of the East Half(E1/2) of Section Six (6), 'township One (I) North, Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian,being easterly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S010OI7'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SEl/4 of Section 6 a distance of 39.44 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly; Westerly and Easterly along said centerline of The Lower Boulder. Ditch the following 14 courses: N30°01'41"W -- 62.92 feet; N31"36'15"W -- 189.15 feel; N07°28'47"E -- 98.75 feet; N0B°38'20"W -•. 49 =9 feet; N26°22'02"W -- 322.52 feet; N42°18"37'W -- 446.79 feel; N08"41'47"W -- 51.64 feet; N16°02'31"E -- 140.04 feet; N38"58'34"li -- 70.10 feet; N60°2'9'33"13-- 170.54 feet;N41"53'52"11--79.29 feet; N19"27'15"li-- 137.62 feet; N36°53'13"E-- 75.59 feet; N56°511'04"11-- 288.50 feel to a point on the East line of said East 1/2 of the Northeast 1/4 of Section 6;Thence S01O20'4I"W along said East line of the East 1/2 of the Northeast 1/4 a distance of '673.94 feet lo the Point of Ileniuninn. Together with an undivided 1/4 interest in any mineral and mineral rights owned by Grantor. cQ SKLD LG 1.72 . 20 . 16 . 44 WE 2632223-1998 . 003 KACERT. 11111111111111111111111 IIII 11111 1111 III ilILII II p . '842037 I of 3 R 1000 04119/2001 J kamo D 0.00 Weld Counry CO QUITCLAIM DEEP tt- THIS DEED,dated this r6 day of April,2001. between H.Gene Bulthaup and Carolyn M.Bulthaup • of the County of Weld and State of Colorado.grantors,and Carolyn NI.Bulthaup,sole owner. • whose legal address is 620 Highway 52.Erie. of the County of Weld.and State of Colorado.grantee. WITNESS.that the grantors.for and in consideration of the sum of No Consideration Paid,Pursuant to Dissolution • of Marriage, Case No.: 00 DR 407, Boulder District Court, the receipt and sufficiency of which is hereby acknowledged.have remised.released,sold,and QUITCLAIMED.and by these presents do remise.release,sell,and QUITCLAIM unto-the grantee.her heirs.successors and assigns.forever,all the right.title,interest,claim and demand which the grantors have in and to the real properly,together with improvements.if any.situate,lying and being in the ' County of Weld and State of Colorado.described as follows: • SEE ATTACHED EXHIBIT A • Also known by street and number as: assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging,or in anywise appertaining,and all the estate,right.title.interest and claim whatsoever of the grantors,either in law or equity,to the only proper use.benefit and behoof ofthe grantee,her heirs and assigns forever. IN WITNESS WHEREOF',the grantors have executed this deed on the date set forth above. • FH7„ ene Bulthaup Carolyn Bulthaup SL U STATE OF COLORADO ) STATE OF COLORADO ) �JrW.1J1 )ss. )ss. County of ) County of Boulder Theater •ntw acknowledged before me The foregoinginstrum�..not was acknowledged before me l s;, • VI 2001.by this t ' day of f I{A 001,by ��-- Carolyn M.Bulthaup. Wress my hand an)of ial seal. �7�n W itnes_ . �; ',,Tidal seal. Tu%tagetie.A 4 O WUz M =u t1,r •13•aDD 9re �o c , t , ,, I � G Notary Publi ••Q. Notary Public OP COIP SKLD LG 172 . 20. 16. 44 WE 2942037-2001 . 001 KACERT 1111111 11111 11111111111 HIED Neil iil/ 11111111111 a 2842037 04/19/2001 04:06P JA Suki Tsukamoto 2 of 3 R 15.00 . 0 0.00 Weld County CO .. ti Pl. :Ia: {, Exhibit "A' tfit. r, Lot B of 2nd Corrected Recorded Exemption No. 1467-06-1-RE1516, recorded ' "1 f,- ii October 4, 1993, at Book 1404 under Reception No. 02353061, being more •da• !•".''•:,•. rr i%tji/. particularly described as follows: °�,2it• °'?1(14 The East Half El/2) of the Northeast Quarter 1/4 of Section Six •'i'"t 'df ; Township One(I)North,Range Sixty-Eight(68)West of the Sixth(6th)Principal+,., <i.:':? '', C Meridian, and that part of the Southeast Quarter (SE1/4) of Section Six (6), ` ,,,..,.1..)., 4561'r Township One(I)North, Range Sixty-Eight(68)West of the Sixth (6th)Principal t; : : year y� Meridian, being Northerly of the centerline of The Lower Boulder Ditch, County 1 10, of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of 1 41,0,1 of Section 6 thatparcel of land conveyed to Department of Highways, State of•.).•';•;er ;'• Y P , ,.; 'ti:, �,;:a:' 4#, ,ya• Colorado,-by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the • ';,•+ t'tt'• balance being more particularly described as follows: 4!',"'; Beginning at the East 1/4 Corner of said Section 6; Thence SO1°17'00'W on a it: '4:. Ai;jrr bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 t °tziri'1= • and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a fi11('S' point on the approximate centerline of The Lower Boulder Ditch; Thence :• 1 'i,4• ', lle Northerly, Westerly and Southerly along said centerline of The Lower Boulder �./...4t i.. 11a �?; Ditch the following 25 courses: N74°30'35"W -- 79.09 feet; N62°58'38"W — '?r:;;y t i,ti, 183.07 feet; N55°26'29"1V -- 132,91 feet; N60 24 19"W -- 142,18 feet; ',.',„:4`' t ° WI'dviMt N76°28'39"W -- 157,99 fixt; N61 48'18 W — 77,62 feet; N46 18'28"W — :1+/lft 110.78 feet; N24°16'08"W -- 72.71 feet; N02°45'55"E -- 137.31 feet; , •,, ::t '(�a1'ii, N28°08'38"W -- 71,77 feet; N55°42'56"W — 134,67 feet; N73°39'24"W — „ ''';',.(:)% 411)11,/1`' • 317.00 feet; 586°59'04'W - 259.70 feet; N79°52'14"W — 385.77 feet; :+Y i ,n` t'Oti,; 582°10'36"W -- 52,32 feet; 554°46'29"W — 246,55 feet; S72°20'05"W — tfa ' it t•, iI fie ' 248.93 feet; 547°17'29"W -- 37.17 feet; S03°16'30"W — 42.23 feet;, 9a `1%: S27°36'01"E-- 19.5.07 feet; S04°35'45"E--73.50 feet; S31°32'51"W-- 132,36 ."•f'' ' , ii ::i, feet; 558°41'38"W—76.12 feet; N81`18'54"W-- 136.60 feet; S80°12'28"W— ,' ,J, Its 47.67 feet to a point on the West line of said Southeast 1/4 of Section 6; Thence ,htt�� - NOl°10'12"E along said West line of the SE1/4 a distance of 742.74 feet to the '439}j center of said Section 6; Thence S88°42'13"E along the North line of said 401;"•, Southeast 1/4 of Section 6 a distance of 1315.92 feet to the Southwest Corner of ',�Laa�, said East 1/2 of the Northeast 1/4 of Section 6; Thence N01°15'32"E along the r t! fie' West line of said East 1/2 of the Northeast 1/4 of Section 6 a distance of 2712.24 S :• :`' r t =fi. feet to The Southwest Corner of said parcel of land conveyed to the Department is of Highways, said•point being 83.60 feet South of the Northwest corner of said ,fist?, East 1/2 of the Northeast 1/4 of Section 6; Thence Easterly along the Southerly •_!; ; r'k!1':t. line of said parcel conveyed to the Department of Highways the following 6 : .. . • . 1 "7;1' courses: N89°42'45"E — 254.54 feet to Station 173+93.3 P.C. Project No. •;.. . 444::: 50030(12); Along the arc of a curve to the left, having a radius of 7,700.00 feet, tur 1.1 h.i 1 11 n . } ti ;7 tF �fit"s, ,. W1, r tlW� t5 t lh 144,1. 1 r it , ft i rl . ,i i ,�2 r }� f i lii Ii; ,1� *t ��' e,a l � , I r i r,• 't �(1•',p�f �� 1 Fi }rt�l ,+ t% .� ,l,� Jr}ift ,t ;A � .nr�f)q{',ft oil r,' �. tt,/5 ✓`X' " i� ''' i ; ;, t +t., *1' 1 ,f , t 9t r ,y Y, Jr SajYir ,1+ 'P. Vy ��c Ir}�.�:: ,oft 41� '. "fit, ;�4.,.� 1 k.". .,7 p r 45 ;: '1�1,`t, /• w Y , 7 9 . . SKLD LG 172 . 20 . 16 . 44 WE 2842037-2001 . 002 KACERT. • CZ) O 110011100 1010000 III 11110 01011II 1111111011111 2842037 04/19/2001 04:06P JA Sukl Tsukamoto 3 of 3 R 15.00 D 0.00 Weld County CO i {,,1. t,efrth 't . '1 # 'i I air i; yfi,,f,y a chord that bears N87 24 45 E--618.03 feet, and an arc length of 618.20 feet; ▪ "s;• I , t <) ?i N85 06 45 E- 181.20 feet;N85 46115"E--191.10 feet;543°43'15"E—70.70 • ti 1�,Z• 'r I /O;1 t +?. feet; S88°39'00"E--28.60 feet to a point on the East line of said East 1/2 of the' • ',,.1' i L" «¢ ,'�, Northeist 1/4 of SecCon 6, said point being 97.90 feet South of the Northeast , 1`, uy ',ILIA A corner of said Section 6, Thence S01°20'41"W along said East Line of the East 1, .6:g ' I. 1/2 of the Northeast 1/4 a distance of 2749.05 feet to the Point of Beginning ▪ 1 1 i�`r ,, • !,i `P:i? tY EXCEI,'T '�;*J' +r " 4p 4v ,,,' r°)11\ Lot A of 2nd Corrected Recorded Exemption No: 1467-06-1-RE1516, recorded ' "; + "• ,i'"} ittiv October 4, 1993, at Book 1404 under Reception No. 02353061, being more ''.'j' t''"fj�'' particularly described as follows: • ,'�i "tri 17 j •)] That part of the East Half i/2 of Section Six (6), Township One (1) North :'•cir i� ;t4t,F r Range Sixty-Eight(68)West of the Sixth(6th)Principal Meridian, being easterly • ?,'1; •° ,4,,`'r(jt of the centerline of The Lower Boulder Ditch, County of Weld, State of - ;•it. ;f,}'hls�• Colorado, being more particularly described as follows: ; ;(5 - q:•• 2.. „ '! 1 , i; w ti_ Beginning at the East 1/4 Corner of said Section 6; Thence S010°17'00"W on a ' ,4 " It 4};r bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 ?;•5 :;, `` '"''((fJ'1 and along the East line of said SE1/4 of Section 6 a distance of 39.44 feet to a • ""Jo "`‘.:,; 3 'rYtr point on the approximate centerline of The Lower Boulder Ditch; Thence t-E !^`ik"•' Northerly, Westerly and Easterly along said centerline of The Lower Boulder I°t! l •.!•.;e Wa'Y7 : t , stli.l Ditch the following 14 courses: N30°01'41"W — 62.92 feet; N31°36'15"W— ':c;jtr "; M1: 1'ey,i 189.15 feet; N07°28'4TE -- 98,75 feet; N08°33'20"W — 49.99 feet; ,`�r$) �a ,' .i i41,•:•vio N26°22'01."W — 322,52 feet; N42°18"37"W — 446.79,feet; N08°41'47"W— >rZW ' 1-t 1,1° 51.64 feet; •N16°02'31°E -- 140.04 feet; N38°58'34"E — 70.10 feet; ......',..:21!1: " lr,,-iv N60°29'33"E--170.54 feet;N41°53'52"E-79.29 feet;N19°27'15"E-137.62 r�, .I . , {1g;S111'iS; feet; N'36°53'13"E— 75,59 feet; N56°58'04"E—288.50 feet to a point on the ".°r '�I East line of said East I/2 of the Northeast 1/4 of Section 6;Thence 501 20 41 W , ,,gin ;l. along said East line of the East 1/2 of the Northeast 1/4 a distance of 1673,94 iit ''aii feet to the Point of Beginning, �:•, . tC?'1JEl,F rr;.t - i µ,l• •, ,Via. ; - � •?tie... ;,: j 1. i '4: ( 11 7; tat i N' 2 l ied • :r.. ,....r 1;n: •. i P"7,.1, +17V'vI' ) t ik l•ei , i4 1('I�teri �c 1 J, r\Ftiynr . rrylti,:li tr ^ r' t " fr , .F �t h, blll•l��Pfliis ii '!�l 4a'•�l' ��1 . ..,/}1.4itf�1�, �. 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I r 1�1 : ag o i- i_ 't''._ •, -dig ' oI-II. 6� Roe _7's l Sll4FBi 1 RF 5" 5f ttli i rei _ N ° y r ap e 9gt .. °II I v ../ t;4 0 ° c gg II r, I ktVi i� a . 1 O N p a n LI r<`' NI: [Y>l° g" 17 i,i F41• I OJI is 1 °t•[l'e 1 68 n A^.i' W in ins Ii ≥z t I cs 3 .11 c , _" r oNi coI�I r «Ra '\ I °Il4 3~�m.,v Rc .„r;t 3.[r.iu0N 1 ( '-n S!y Cn I ° " elf.13 32 Il V %. I ! s� N. N Ng " i e o I r ";a. w ryry lal e .d �i°a v 1 �r I ig,it b. 3 O g I a i]!Y is i:1 :if gg _1_ -, ,0 g„ ''°j zip B *p py gob b8i 4- - li . P C! ,gl g;8 14 HI Il66n @g a . 7a '<r" d' F."' .a_ 5, a 4 04 N r w 0. 9` a ° °°. iJ �� '• - ;77,Na 7"K g MD o e . . . 0 1 'y0 9 9 ' 5. !6 i,t 'V s:; k. H W m s I d I °� • 11! 1,4 §"V _ 5" p' gam' >C 9_I wau Vol Wan tPil 'VC:" P'�p O w 'Ds I Ill.II ` r sA' N qw °! /j ____ _�__ a mx.' I as r• _____________`_�.—____ i 0 Gi� �L ! �y 1[qu6nN\ 11 H NW g1- 11C] ' Iq eN/e9'J8tl � ems/ ,^ ry E°5 f14 I r' l__i, Va t.," I xq ' I r a rr o r..1 m 1 IIIIII 11111 1111111 III III IIII 11111 III IIIII 1 of R 0.00 0% 0 2 25556 20O 0,00 Weld County CO JA kamoto QUITCLAIM DEED CORRECTION THIS DEED, made this day of January, 2002 between H. GENE BULTHAUP and CAROLYN M. BULTHAUP. Grantors,and RICHARD G.BULTHAUP and ANGELINE M.BULTHAUP.ITWROS,Grantees,whose legal address is: 2780 W. 149th Avenue, Broomfield, CO 80020. WITNESSETH,That the Grantors, for and inconsideration of less than$500.00,the receipt and sufficiency • of which is hereby acknowledged,have remised,released,sold,conveyed and QUITCLAIMED,and by these presents do remise, release, sell, convey and QUITCLAIM unto the Grantees, their heirs, successors and assigns, forever. all the right, title, interest, claim and demand which the Grantors have in and to the real property, together with all improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: • See Exhibit "A" attached hereto and incorporated herein. {THE PURPOSE OF THIS CORRECTION DEED IS 1'G CORRECT THE NAME OF GRANTEE, RICHARD M. BULTHA UP TO RICHARD G.BULTHAUP IN THE DEED PREVIOUSLY RECORDED AT RECEPTION NO.2632223 ON 8-11-98] TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges attached thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever,of the Grantors, either in law or equity, to the only proper use,benefit and behoof of the Grantees, their heirs and assigns forever. GRANTORS: • 4LN aL• H. GE. 49e/ CAROLYN . BULTHAUP St o .tn7olorado c K• , nt n/ FEBRUARY Tli��tor9n pii acknowledged before me this 5th day ofp$gq'a/ll, 2002 by H. GENE Buu'llAur, • My .. .... e QP. 02/17/04. tAA Witness official seal.• ALCM( Canulissbll 2/17/2000 o�blic Ay Expires State of Colorado )„ c•. - •er ) .oT FYi� qeg J1� g was acknowledged before me this j { day ofaenwary,2002 by CAROLYN M.BULTHAUP, • i :Grantor. iy nt— My commission ex.q es: to- 13-0.90 (• I ,Witness my• 1141a y. official seal. ssL r •�p CI tltnT; q Wei/ Neter Public 1, ,.J tI91'.'(161., S \ x •• •• r Name and Address of Person Creating Newly Created Legal Description(438-35-106.5.C.R.S.i C:i\ rEALEST\Forms\Correction Quit Claim Deed.frm-1 QUITCLAIM DEED Nat Commissioned Approved. Computerized Legal Forms.Inc.P.O.Box 370424 Denver CO 80237 (303)779-0376 a t997 All rights reserved. -SKLD LG 172 . 20 . 16 . 44 WE 2925556-2002 . 001 - - -'- KACERT. • 1111111 1111111111 III Iiv Illlllic ii III 11111 2925556 02/14/2002 03:57P JA Suki Tsukamoto • 2 of 2 R 10.00 D 0.00 Weld County CO EXHIBIT "A" An undivided one—fourth interest in and to the following described property: • Lot 13 of 2nd Corrected Recorded Exemption No. 1467-06-1-REI516, recorded October 4, 1993, at Book 1404 under Reception No. 02353061, being more ."I particularly described as follows: The East Half (E1/2) of the Northeast Quarter (NEI/4) of Section Six (6), Township One(1) North, Range Sixty-Eight(68)West of the Sixth (6th) Principal Meridian, and that part of the Southeast Quarter (SEl/4) of Section Six (6), • Township One (t) North, Range Sixty-Eight(68)West of the Sixth (6th) Principal Meridian, being Northerly of the centerline of The Lower Boulder Ditch, County of Weld, State of Colorado, excepting from said East 1/2 of the Northeast 1/4 of Section 6 that parcel of land conveyed to Department of Highways, State of Colorado, by Deed recorded April 4, 1963 in Book 1643 at Page 52, with the balance being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 6; Thence S01°17'00"W on a bearing shown on the Bureau of Land Management Dependent Resurvey of 1952 and along the East line of said SE1/4 of Section 6 a distance of 891.07 feet to a point on the approximate centerline of The Lower Boulder Ditch; Thence Northerly, Westerly and Southerly along said centerline of The Lower Boulder Ditch the following 25 courses: N74°30'35"W -- 79.09 feet; N62°58'38"W -- 183.07 feet; N55°26'29"W -- 132.91 feet; N60°24'19"W -- 142.18 feet; • N76°28'39"W -- 157.99 feet; N61°48'18"W -- 77.62 feet; N46°18'28"W -- 110.78 feet; N24°16'08"W -- 72.71 feet; NO2°45'55"E -- 137.31 feet; N28°08'38"W -- 71.77 feet; N55°42'56"W -- 134.67 feet; N73°39'24"W -- 317.00 feet; S86°59'04"W -- 259.70 feet; N79°52'14"W -- 385.77 feet; S82°10'36"W -- 52.32 feet; 554°46'29"W -- 246.55 feet; S72°20'05"W -- 248.93 feet; S47°17'29"W -- 37,17 feet; S03°16'30"W -- 42.23 feet; S27°36'01"E-- 195.07 feet; SO4°35'45"E-- 73.50 feet; 531°32'51"W -- 132.36 feet; S58°41'38"W --76.12 feet; N81°113154"W 18'54"W -- 136.60 feet; 580°12'28"W -- 47.67 feet to a point on the West line of said Southeast I/4 of Section 6; Thence N01°10'12"E along said West line of the SE1/4 a distance of 742.74 feet to the center of said Section 6; Thence S88°42'13"E along the North line of said -SKID LG 172 . 20 . 16 . 44 WE 2925556-2002 . 002 KACERT. 5k = as q$ R r w a g - a i t 3 ill, b �. W pt • f 0 �p ea 5 EI g �� ' °sdfyq I 6 ESS VII it $ � €6§y igW RS e4 ° g!s " € q a, a 0;i 9 it Yeb 251„15QF�ge : i EI@kg i w' p 5•�i G _ (Coq QQ il.'4wnt'='!ea d t . 1 xi, . I Y 5 f a 1` W o i o tl F. !II; 6 gp Resay"Yi- t M d d gi e7a5enhbbbe @€�h t£ "se"gQ i°"sgYsi�gd"- �• 0 e0p �� . � g n 9 t k p ' Igo 6 • rim 4 gy1sgggggggg6ag x 1 i5 a54Rq I B in q 9t._VII ! WE� 9 f (i a. Yi QA rr'VP �hyL 4 3 IS' k i 9 s i MilA"° as s'GG c°g9 • - e a £p S kta 2 h. a 5I 3 Y€-V f s "s i 4 4 A £ . ; 0 § b.N qy £ q 1!; es ° ° £ b 'i� 5Q 5Q YegQ ;�YQ '£5I a " III !I ; ii g5gM @Xyy r 5: p i� '! a e3. „5 4�e a!-i kigi4.. pI f@ 9e ] A 'r�22' y i ° gq } °r 4 g 3 iq 4 R•.; }} F + ttW �ai£ 8 pp • Ag g�� y q f � 4a Q .gg5Q 5i� _td�A Q °@t']dre ;�]�5� £ it ] i19 t tle£ •�i . 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Asa qi s £aAY €, i p P&q Fs4 y ° P G Q 3 "33 5Q€ 6q 5a £ Y ' - p i i' P r. p q CO cy Qa £ d 9•-p A€ �� t i_ Q2} �erAEe€" R 3 QprQ iy a q� a9y3 ' �atl2 �'�Qe Tit it; G .gh Fa I-"I5a S Y£I 2 i ] S£p E3� t kF ,b@q a gil E3 e] " A S t .Z ;A; i'l t! e ,r tt £ y`§ee 3� A7 E' P �1 gqQ �iy� 3" •a"t eQQ' f�tP 3Q P zkp @ £5 q b d r tar, g £"pp tl4bb 2 ] 4 E5 5 16£ a 5 i5 i er. a ] . £d^ Y�5yyyy �y15 e b a £ e,Q5 y� i £d Q ]GI v£a1 gg �'g' e.-yy v!` e� R 'e E+gq £eA y p p• 3! i!1 9 ] 95c gg33° £, e q £. a�dgg rdi£ 1 v5p e'z 5ia £ Qe 4�. 4Y @g'4piNi, ;Rg 699£ 9 ]' 6 Y Eag4 k 6 9 35 9 g �" g aik-@ );3' " . ]°qqk Q %Fat5Ala €agg6.p ; gg P 4A.d A 64�3 iari V!Y R P 4 t° y$p z 6; bb ] ` t am@eie li !Iae R@g `l£Ei gg "!eiii iF!35g iplA e1y@1siia81eV4R;6gIAtagI(1 IQ4 1"7¢ g_a Xq ii 4ie 1 i aI IS II! !1ba 4i Hilii(211II!liE114!1d1az.4rie.iillid i3YPq. TV gi El F. _ .!3 • u vl I I. I I [ OYOY\ W � m q 94eslvQ o . 33 s! d . 'Y flea,It W "Ya r'v' 1 1:19)!-H W tt hjo a °. - a 8 0 W jl m"\ „,441. hi y, Q` p a g W h B a o f r ..o _. O C e O C E ••t gas s q7 .A D'q�Ygy �.ww I x:803 I r ;00ZF 3tlWV ��i „4 Ol 4(31 ii. I V 17.. RL_ N u 0 Wanry➢ Ii i� e i <n 'Ii, 'III I'! O :I�; H 4 :�I IIII icn r� ! IV hQka5. 51 Ii11 W v Pi f➢6-]S q a n .. q F 5!y ! P.3 ! s o, wN Mrc-iv - %. L Pee e I .P @ d] 2 \j;^� r roe BALM �A 14(5 v „ _. i,6,qqy 1 o 5042 g@gg vy Aq A�A@@ng \ rn� �Weoy r+ s]5 �n •9 5$3555av^.7G3a m .7 -- •. 4q£�g ii; (V Ell yEae . . . . I 3 (g ®�'! aotil r �I' I. • ¢g't \.6 St s ]lea II P rc ai`e7i PI cI" fie! 9 9Ti6q :2 ea a X C!) • MOM Dint viii ft Q 3061392 05/12/2003 01:42P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder 3, QUIT CLAIM DEED Carolyn M. Bulthaup, Richard G. Bulthaup and Angeline M. Bulthaup, for the consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, in hand paid, hereby sell and quit claim to Carolyn M. Bulthaup as to an undivided 75% interest, whose address is 620 Highway 52,Erie,CO 80516, and to Richard G. Bulthaup and Angeline M. Bulthaup, as joint tenants, as to an undivided 25% interest, whose address is 2780 West 129th Avenue, Broomfield, Colorado 80020 the following real property, in the County of Weld,and State of Colorado, to wit: Lot A, of Amended Recorded Exemption No. 1467-06-1-RE-3200, recorded April 9, 2003, at Reception No. 3050598, being a parcel of land located in the NE 1/4 of Section 6,Township 1 North,Range 68 West of the 6th P.M., County of Weld, State of Colorado. with all its appurtenances. ACTUAL CONSIDERATION LESS THAN$100.00. Signed this 7 day of , 2003. Carolyn%ulthaup ` Richard G.Bulthaup Ang ine M. Bult aup STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this th day of Mat,2003 by Carolyn M. Bulthaup. • My commission expires: 4—a3- anti • ':, Witness my hand and official seal. ry�� / otary Public tl : \tt' . SKLD LG 172 . 20 . 16 . 44 WE 3061392-2003 . 001 KACERT . 111111 1i111 111 1111 16 11111 III 11111 1111 1111 3061392 05/12/2003 01:42P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this k day of k � 2003 by Richard G. Buithaup and Angeline M. Bulthaup. My commission expires: 3— I Witness my hand and official seal. tart' is11.v �: d .i h 11 G 7 •• 4. SKLD LG 172 . 20 . 16 . 44 WE 3061392-2003 . 002 KACERT . I1àI1II1III111I11111k1111111111111 O 245 111111111111p�111D05 1101:o7P Weld County, CO 1 of 2 R 11.00 0 24.00 Steve Moreno Clerk&Recorder SPECIAL WARRANTY DEED THIS DEED, made this ISv L day of April 2005, between Carolyn M. Bulthaup, 620 Highway 52, Erie, CO 80516, as to an undivided 75 percent, and Richard G Bulthaup and Angeline M. Bulthaup, 2780 West 149th Avenue, Broomfield, CO 80020 as to an undivided 25 percent, such persons being referred to herein collectively as grantor, and Gregory E. Balmea and • Lisa A. Balmes, as joint tenants, whose legal address is 7227 Reflection Drive, Erie, CO 80516, grantee: • WI'1'NESSETH, That the grantor, for and in consideration of the sum of Two HUNDRED FORTY THOUSAND AND NO/1OO ($240,000.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: Lots A and B, Amended Recorded Exemption No. 1467-6-1 AMRE-3200, according to the plat recorded April 8, 2001 at Reception No. 3050598, being located in the El/2 of Section 6, Township 1 North, Range 68 West of the 6 in P.M., County of Weld, State of Colorado ,,tats i�ea�ary Foe Subject to: Taxes and assessments for the year 2005, a lien but not yet Date due and payable; and easements, covenants, restrictions, reservations, $ rights-of-way and oil and mineral rights, of record or in use, and an existing easement for ingress, egress and utility purposes along the West 30 feet of Lot B described above existing in favor of Bradley It Brouillette and Melody E. Mundell-Brouillette for the lands described as Lot A of Recorded Exemption No. 1467-06-1-RE1365, and those obligations set forth in the Contract to Buy and Sell Real Estate dated February 9, 2005 between grantor and grantee hereunder. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, her heirs and assigns forever. The grantor, for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, her heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. L111-1953S laka settnuttfil SKLD LG 172 . 20 . 16. 44 WE 3280245-2005 . 001 KACERT . 1111111111111111111111111111 III IIII III VIII IIII IHI o 3280246 04/2512005 01:07P Weld County, CO 2 of 2 R 11.00 D 24.00 Steve Moreno Clerk&Recorder 042.4_1 7/11, data- CarolynJI. Bulthaup Richard G Bulthaup" Angeli�Bulthaup�� STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this /W.. day of April 2005,by Carolyn M. Bulthaup. I eve T 00 a ission expires: -7- GP p 3-°7 WitneStS In and and official seal. a (�9rF•:•UBt�'op Notary Public OF C*0b STATE(9'P JULY 2a 203I oo ) ) ss. • COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this /AC day of April 2005, by Richard G Bulthaup. y 7-443_01 es t3 h'cL'$}l0!,.fficial seal. I CiCi: e-f/ICA4 is A% i0: `F`oVe�a o�w= Notary Pub "�� F GO�Qr STATE OF OLL '•:r. 1,slon' pires _ JULY 2a,20➢7 SS. COUNTY OF BOUL Er r - The foregoing instrument was acknowledged before me this ISXk day of April 2005,by Angeline M. Bulthaup. ission•expires: '7-02S-0'7 ,. Witne'sskit and and official seal. • Na y-",41B�`L Notary Publi6--) F OF O O oi G My Commission Expires JULY 23,2307 SKLD LG 172 . 20 . 16. 44 WE 3280245-2005 . 002 KACERT. ►111111 11111 mio-iiiii111111►1(11111►111111111 ill► a 3325414 09/23/2005 09:29A Weld t➢t CO A� 1 of 1 R 6.00 -,D 0.00 Steve Moreno Clerk&Recorder ISOIDDIMINIIMMIr Recorded the ' day of _, at o'clock m. Reception tl Retanier by QUIT CLAIM_DEED` THIS DEED, Made this day of_ i(Of�l -+'r--r r�-2'l.f.�4.!^ 2-00 between 1 GREGORY E. BALMER AND LISA A. BALMS Grantor, for the consideration of ""' TEN COI TM AND OTHER GOOD AND VAUTABIE SNSICERATICH••' in hand paid, hereby sells and guitclaine to- 'GREGORY E. BALMS AND LISA A. SAUCES • Grantee, not in tenan. in cannon, tut In joint tenancy, whose street address is • 1a ae-4-' rktnn Dr , City of Er I. P , County of 14221d_____, State of nay,Q< , the following • real property in the County of WELD , and State of Colorado, to wit: LOTS A, AMENDED RECORDED EXEMPTION NO. 1667-6-1 AMRE-3200, ACCORDING - TO THE PLAT RECORDED APRIL 8, 2001 AT RECEPTION NO. 3050598, BEING LOCATED IN THE E 1/2 OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST 08 TUE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO • also Iowan as street and nutter VACANT LAND, ERIE, CO 80516 nrtlmM with all its appurtenances. • - The singular nunber shall inclae the plural; the plural:he singular, and the use of any gender shall • be applicable to all genders. Signed as of the day and year first above written. GRE RY• • • t e.nde2.." Q' 421 film/ LISA A. BASHES _ State of Colorado • 1 ss. County of LP&‘-'72 The foregoing instnanent was acknowledged before ms this day of CI I I(0•0 7 by RESORT E. BAINES AND LISA A. BAIMES 2 witness my so, iclal seal. je fiNinex res 10161 0 • JV�71Y fl. No[ary DILL • When r rued return to: GRDPR?C. MIMES NM LISA A. AADES 1�CurmrssCn Expi ee Oil 6,2W5 • _. vpcpirr DAD, ERIC, co 80516 Poop No. CCD3T Icuit Claim Geed Joint Tenants -2/97) 8C25051812-1 8025051812 • SKLD LG 172 . 20 . 16. 44 WE 3325414-2005 . 001 KACERT. ' , 17278 111 © © 2 5 h e@� 5 a pie91 ri e 4 Pe 101 7! g a Sr g ri ' N Iri a giieg3 �a$e ll bB � s d �5 !,1 6 E 8 N a 4 e a .S grate BE 9 g ef g tI wzw 1` b4 17 !s ; a 3 leeYli3 np. a, s ,,a b ill n 5 s.r O 1a '�° �, p egg, C 9 33 n !I Cy��1 Q 4 ! `w' �+ P!5 ..el ve ig3 v ti,?y! 922222bg® bb a ix@¢i i, Ig R i c, 1 it 1 g01 ,! & 3 •,• xi Y a 3il 5"111-. �4- '4dib 6 7 ; p8 o o ii gi {�a• Q 8 n e II yppy� xItli 3Ra §$ a .v 9 _ . I (Sg a ms=s ii k Y k- c p $MI 111= lit; b2{ Ill i lgfiV 21 4 W- Y'q t [�1 L 1 I b �j as0 ; — T Allgyi A i lb t ja 1 1 X 8Y n q F r r 4i4 1.I f i S !1S e w b E w¢ b i y !ill Q E qi VIE • lilt. fig . ggg ek ay III ig x m1 4 6 b hyt` 4g1 4 Igg ll g f gI 1, 101ifle 43 ill b116 V� ° it k ilk III K gib egi gl v; I g1 1 :: : 4' b§• . 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Weld County, CO 3% 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED,Made this 7th day of November 2006,between Gregory E.Balmes and Lisa A.Balmes Grantor for the consideration of ***TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION***in hand paid,hereby sells and quitclaims to Gregory E.Balmes and Lisa A.Balmes Grantee,not in tenancy,but in joint tenancy,whose street address is 7227 Reflection Drive,City of Erie, County of Weld, State of Colorado,the following real property in the County of Weld,and State of Colorado,to wit: LOT B,RECORDED EXEMPTION NO. 1467-06-01 RE-4283,AS PER THE MAP RECORDED MARCH 15,2006 AT RECEPTION NO.3370796, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 1 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO. also known as street and number VACANT LAND Together with all its appurtenances. The singular number shall include the plural,the plural the singular and the use of any gender shall be applicable to all genders. Signed as of the day and year first above written. GRE RY ..BALMEs LISA A.BALMES State of Colorado - ) ss. County of We d This foregoing instrument was acknowledged before me this day of 1i'/1 I\ l UJL.I', 2W t e By GREGORY E. BALMES AND LISA A. BALMES Witness my hand and official seal 17- A`A No ,Public When recorded return to GREGORY E.BALMES AND LISA A.BALMES /O ?i_':) 7227 Reflection Dr.,Erie,CO 80516 • • . ° yT,,CiaL\ ,O- OP CO1-GP My Commission Spires 1012812008 SKLD LG 172 . 20 . 16 . 44 WE 3433384-2006 . 001 KACERT . C;) 111111 IIIII IIIII 111111111111 III IIIIIII III IIIII IIII 1111 3155 3433385 11/08/2006 02:00P Weld County, CO 1 of I R 6.00 D 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED,Made this 7th day of November 2006,between Gregory E.Balmes and Lisa A.Balmes Grantor for the consideration of ***TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION***in hand paid,hereby sells and quitclaims to Gregory E.Balmes and Lisa A.Balmes Grantee,not in tenancy,but in joint tenancy,whose street address is 7227 Reflection Drive,City of Erie, County of Weld State of Colorado,the following real properly in the County of Weld,and State of Colorado,to wit: LOT A,RECORDED EXEMPTION NO.1467-06-01 RE-4283,AS PER THE MAP RECORDED MARCH 15,2006 AT RECEPTION NO.3370796, BEING A PART OF THE QUARTER OF SECTION 6,TO NORTHEAST TOWNSHIP I NORTH,RANGE 68 WEST OF SIXTH XTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO. also known as street and number VACANT LAND Together with all its appurtenances. The singular number shall include the plural,the plural the singular and the use of any gender shall be applicable to all genders. Signed as of the day and year first above written. ifq G OR E ALMES ISA BALMES State of Colorado) ) ss. County of aZ 1 XW � ^�tyl ITH This foregoing instrument was acknowledged before me this day of `/ G 0Le By GREGORY E.BALMES AND LISA A.BALMES Witness my hand and official seal No Public QP. ...WY/ � G When recorded return to GREGORY E. BALMES AND LISA A.BALMES : 7227 Reflection Dr.,Erie,CO 80516 • • IKyCommisslon Expires 10/28/2008 SKLD LG 172 . 20 . 16. 44 WE 3433385-2006. 001 KACERT . EFT HAND WATER DISTRICT P.O. BOX 210, NIWOT, CO 80544 (303) 530-4200 FAX: (303) 530-5252 INDIVIDUAL TAP PURCHASE AGREEMENT ime: Greg Balmes • tiling Address : 7227 Reflection Drive, Erie, CO 80516 ;rvice Address : 716 Hwy 52 .T ‘v, f • - ?gal Description: Sec. 6 Township 1N Range 68 West 2324 5/8" Block Size_Lot Tap request # ae zon one Residential tap Commercial tap arviice Zone Base EZT For The undersigned Applicant hereby tenders to Left Hand Water District a water tap fee as itlined in the initialed option below: NITIAL APPROPRIATE PARAGRAPH: 19410.00 a. All components of the current tap fee which is $ and a line fee of $ 2500.00* . All fees are subject to change; call to verify current rate before payment. *plus interest (see attached chart) b. All components of the current tap fee EXCEPT the raw water components. pplicant agrees to transfer to the District (subject to the approval of the transfer by he company or district having jurisdiction over the raw water to be transferred) an .ppropriate number and type of raw water units/shares to meet the district's requirements 'or the size and number of taps to be served. The raw water required to serve this •equest is _ C-BT units or _ Left Hand Ditch shares. t , The undersigned further acknowledges and agrees : 2.1 That this tap purchase is subject to the rules and regulations, policies and iirectives of the Left Hand Water District which sub substances,modified from or other tor time, and that at any e Ipplicant will not cause or allow any foreign Lind or nature to enter the District's water system through backflow or otherwise. Applicant ;hall indemnify and hold District harmless from any claims, demands, de person or nel or other her Liability for loss, injury, or damage to any persons or property, including Droperty, which the District may incur as a result of or arising out of the acts or omissions of applicant or Applicant's use of, or connection to, the District's system. 2.2 That the District is responsible only to make available to the Applicant such treated water at such pressure as may be available at the point of delivery as a result of the District's normal operation of its water distribution system. The District may temporarily discontinue the flow of water in its main lines in order to repair, maintain, improve, or replace the main or other m ncies. The ths Ditsctressures water variesdistribution dependingand on location,supply therr in the event refore, applicantf other should emergencies. The District's p install a pressure reducing valve inside the house to protect plumbing and appliances in case of high pressure or a water surge. The District may allow a pressure reducing valve to be installed in the District's meter pit upon approval by the District. 2.3 Water charges commence upon actual physical connection to the District's system as provided in the District's rules and regulations. If the meter is not set within twelve (12) months, a monthly service charge will go into effect. 2.4 This tap or taps can not be sold, transferred, or conveyed to any other person or tc any other location without the express approval of the District's Board of Directors. /� n� r_« a . 9/�-14 OS' O1,2191 Applicant : LW/if-a° Please Detach and Return Top Portion with Your Payment UTILITY BILL SERVICE ADDRESS ACCOUNT NO. NUMBER OF DAYS BILL DATE DL E`DATE • 752 HIGHWAY 52 6951.01 12/27/2006 01/21/2007 If your present reading is a 0, PREVIOUS READING PRESENT READING UNITS USED SERVICE FROM -SERVICE TO your account was estimated • DESCRIPTION-OF,SERVICES AMOUNT PREVIOUS BALANCE 0.00 PAYMENTS ADJUSTMENTS Previous Balance 0.00 WATER BASIC FEE 15.48 "'.Current Charges Due 15.48 Account Balance 15.48 Office Hours:8:30 a.m.-4:30 p.m., Monday through Friday. Billing Inquiries:(303)530-4200 TOTAL AMOUNT'DUE= www.lefthandwater.dst.co.us 15.48 IMPORTANT INFORMATION e Water Usage Rate below is per thousand gallons. Customer Type:300 300 RESIDENTIAL 330 DUAL SYSTEM 310 COMMERCIAL 1st 4,000 2.85 1st 4,000 2.85 3.70 ALL USAGE 2 Next 16,000 3.58 Next 4,000 3.58 Next 30,000 4.46 Over 8,000 13.30 320 MULTIPLE HOUSING a Over 50,000 5.58 3.70 ALL USAGE Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I0 LEFT HAND WATER DISTRICT Mailing Address: P.O.Box 210,Niwot,CO 80544-0210 • Office Address:6800 Nimbus Road.Longmont,CO 80503 WELD COUNTY DEPARTMENT OF PUBLIC HEALTHAND ENVIRONMENT 1555 NORTH 17TH�µAVENUE,CREELEY CO-80631 PHONE: (970)3045415 FAX: (970)x304 641 NOTICE This individual_sewage disposal system has been inspected andappears to have preen installed•in accordance.:with the regulations regarding individual sewage disposal�systems{in Weld County,Colorado' Approved Date 3.1q-a- Permit No,, ,c.vc,c9d SS-''' 0wner: _w,.csir� Location '.sa `'Y g� Environmental�N ealth Specialist .=J v x u...— .Ye _ ..,, ,.. „ . -s.,_,«o-n...oYuK.w, .�,., .„�R ,...,ex,,...e,.. .,,,.-.,.-n5...,n\2,... Hello