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HomeMy WebLinkAbout20072271.tiff 12.0 APPLICANT'S SOURCE OF LEGAL RIGHT TO ENTER 2007-2271 APPLICANTS SOURCE OF LEGAL RIGHT-TO-ENTER AND MINE THE SUBJECT PROPERTY The Applicant's legal right-to-enter the property for mining purposes is conveyed in the, Option and Agreement to Purchase Construction Aggregate Materials in Place, dated: August 26, 2005, and is included on the following pages. OPTION AND AGREEMENT TO PURCHASE CONSTRUCTION AGGREGATE MATERIALS IN PLACE This Option and Agreement to Purchase Construction Aggregate Materials in Place (the "Agreement") is made and entered into this_day ofAugust, 2005 ("Effective Date") by and between HOLTON FAMILY,LLC (the "Seller"), a Colorado limited liability company, and READY MIXED CONCRETE COMPANY (the "Company"), a Colorado corporation. Seller and Company may be referred to collectively herein as the"Parties"or individually as a"Party." RECITALS WHEREAS Seller owns approximately 320 acres of land located in parts of Sections 6 and 7, Township I North,Range 66 West of the 6a principal meridian in unincorporated Weld County,Colorado (the"Property"),which is described in ihihitet hereto; WHEREAS Seller seeks to sell, and Company seeks to purchase,the sand, gravel, and stone in place on the Property, WHEREAS the Parties desire to: (i) enter into an agreement pursuant to which the Company shall have the option to purchase the Construction Aggregate Materials in place on the Property on the terms set forth herein; and (ii) establish the definitive terms of a Surface Use and Mming Agreement necessary for the Company to commence mining, operating on, and reclaiming the Property should the Company elect to exercise the option contemplated herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration,the receipt and sufficiency of which the Parties hereby acknowledge,the Parties agree as follows: AGREEMENT 1. Option. In consideration of the payment by Company to Seller of the sum of SID ("Option Payment"), receipt of which is acknowledged by Seller, Seller grants to the Company, its successors and assigns, the exclusive right and option (hereinafter "Option") to purchase the Construction Aggregate Materials existing on, in and under, and that may be produced from all of the Property. For purposes of this Agreement, the term "Construction Aggregate Materials" shall mean and include all sand, gravel and stone in place on the Property, together with the topsoil, overburden and other materials excavated from the Property. The Option Payment shall be nonrefundable except as set forth herein. 2. Term;Effect if Exercised. The Option shall run for an original period of twenty- four (24) months commencing on the Effective Date ("Option Period"). The Company may elect to exercise the Option at any time during the Option Period by delivering notice of such election to Seller at the address set forth in Section 11.1 of this Agrcuanent. Upon the Company's exercise of the Option,this Agreement shall become a purchase and sale agreement for the Construction Aggregate Materials as provided in Section 7 below. 2.1 Extension. If the Company has diligently applied for the permits required to mine and reclaim the Property,and any such permit is pending at the end of the Option Period,the Option Period shall be extended automatically until 15 days after the last such permit is issued, and the Company shall make an additional payment to the Seller in the amount of ("Additional Option Payment")within fourteen(14)days of the end of the initial Option Period. 22 Wetlands and Threatened&Endangered Species. The Parties understand that mining and reclaiming the Property will not involve or require impacts to wetlands or other waters of the United States subject to the jurisdiction of the United States Department of Army, Corps of Engineers, under Section 404 of the Federal Water Pollution Control Act(33 U.S.C. § 1344),or require consultation with the United States Fish and Wildlife Service on threatened or endangered species under the federal Endangered Species Act (16 U.S.C. §§ 1531 to 1544) ("ESA"), other than as the latter may pertain to threatened or endangered bird species located in the State of Nebraska that could be affected by depletions of water to the South Platte River system caused by mining and reclamation of the Property. In the event a permit under Section 404 or consultation under the ESA is required as a pre-condition of mining and reclaiming the Property,the Company shall not be required to advance an Additional Option Payment to extend the Option Period and the Option Period shall extend to the date upon which the Section 404 permit issues and any required ESA consultation is concluded. 3. Permitting. Within thirty(30)days of the Effective Date the Company shall retain,at its sole expense, the consulting expertise necessary to diligently pursue and obtain both a permit from the Colorado Mined Land Reclamation Board ("MLRB") and any consents required by Weld County ("County"), or any other local governmental authority, to mine and reclaim the Property. The applications to be filed for the local land use approval(s) shall be jointly pursued by the Parties and substantially conform to the permit application filed by the Company with the MLRB. 3.1 Operator/Pemittee. The Company shall be the sole designated"operator"under any MLRB permit and the sole designated"permittee"under any local land use approval(s)obtained. 32 Post-Mining Land Use. All applications filed for approval to mine and reclaim the Property shall seek to establish the post-mining land use on the Property as lined water storage. Except as to the lined water storage post-mining land use,the Company reserves the right to adjust any permit application, and any proposed draft permit, to the extent that an objection to a proposed draft permit of the MLRB, the County, or any other regulatory agency, local or State governmental authority, or the public would jeopardize the Company's ability to either obtain any permit required to mine and reclaim the Property or conduct mining and reclamation operations in the manner the Company, in its reasonable discretion,deems appropriate. 3.2.1 The Company shall endeavor to facilitate the potential sale of the water storage to be provided upon final reclamation of the Property prior to the expiration of the term specified in Section 2.1 of the Surface Use and Mining Agreement attached hereto as Exhibit C, and in a manner consistent with terms and conditions of this Agreement and the attachments hereto. 3.2.2 Seller acknowledges that a portion (or portions) of the Property will be utilized for fines disposal and that such areas will not be available for post-mining water storage. The Company and Seller shall jointly agree upon the location of the fines disposal area(s). The applications filed for approval to mine and reclaim the Property shall seek to establish the fines disposal area(s) as an approved wetland mitigation bank under Section 404 of the Federal Water Pollution Control Act(33 U.S.C. § 1344). 3.2.2 Seller hereby grants to the Company the right to match any offer Seller may receive from a third party to purchase all or any portion of the credits that would be established in the approved wetland mitigation bank. In the event the Company exercises its right to match any such offer Seller receives, the resulting purchase price paid by the Company to Seller for the wetland credits shall be discounted,on a per credit basis,by the cost incurred by the Company to establish the wetland mitigation bank as a condition of the approved reclamation 2 plan for the site. Any portion of the wetland mitigation bank not sold to the Company may be utili2ed by Seller for any purpose that does not conflict with the purpose of the approved wetland mitigation bank. 33 Permitting Costs. The Company shall pay all costs associated with filing and pursuing to final issuance the permits required by the MLRB, Weld County, and/or other governmental authorities. The Company shall post any financial assurances (bonds) required under the terms of the MLRB permit and any local land use approval(s). 3.4 Exercise of Option. Within thirty(30) days of the issuance of the last permit required to mine and reclaim the Property, which permits together shall be acceptable to the Company in its sole discretion, the Company shall provide to Seller written notice of-the Company's intent to either exercise the Option or not to exercise the Option. 3.4.1 In the event that the Company elects to exercise the Option, the written notice shall specify a date for Closing,which date shall be not more than thirty(30)days after the date of such written notice. The Closing shall be held at a mutually agreeable time and location. 3.4.2 In the event the Company elects not to exercise the Option, the Parties may negotiate for the transfer of any permit application(s) filed by the Company, or draft proposed or final permit(s)obtained by the Company,to Seller or to a third party designated by Seller, and therein establish a process and procedure to accomplish the same, and to set the compensation due to the Company from Seller,or from a third party designated by Seller,for any such transfer. Should the parties elect not to negotiate and reach a final agreement to transfer from the Company to Seller any permit application(s)filed by the Company,or draft proposed or final permit(s)obtained by the Company,all such permit application(s)or draft proposed or final permit(s)shall remain the sole property of the Company. 4. Title Commitment The Company shall obtain, at Seller's expense, a current title commitment for the Property ("Title Commitment') from LandAmerica Title Company together with legible copies of all instruments giving rise to any title exceptions in such Title Commitment within thirty (30) days after the Effective Date. The Company shall provide copies of the same to Seller. The Company shall have One Hundred Twenty(120) days from the Effective Date to review the same (the "Title Review Period') and to advise the Seller of any objections to title ("Title Exception"). If the Company does not object to a Title Exception within the Title Review Period, title shall be deemed accepted by the Company. If the Company gives notice of any Title Exception within the Title Review Period, Seller shall have thirty(30)days from the date of the Company's notice of the Title Exception to cure the same. If Seller fails or is unable to cure any such Title Exception, and the failure or inability to cure constitutes a material defect to title, the Company may terminate this Option upon written notice to Seller,and the Company shall be entitled to a refund of the entire Option Payment. 4.1 Recorded Oil and Gas Interests. The Parties herein agree that evidence of recorded mineral estate ownership of oil and gas interests in the Property shall not constitute a material defect to title. 42 Seller may, at its sole discretion and cost, move or relocate gas gathering lines, gas wells, tank batteries, separators, compressors, and engines existing on the Property on and after the Effective Date of this Option Agreement 3 43 The Parties shall share the cost equally to reasonably accommodate any gas gathering lines, gas wells, tank batteries, separators, compressors, and engines to be located on the Property after the Effective Date of the Surface Use and Mining Agreement attached hereto as Exhibit C. 5. Board Approval. The Company's decision to exercise the Option is subject to the approval of the Company's Board of Directors. If no such approval is obtained, the Company shall terminate this Agreement by written notice to the Seller and Seller shall retain the Option Payment Upon such termination, all of the Company's rights under this Agreement shall terminate and this Agreement shall be null and void. 6. Testing and Sampling; Environmental Review; Water Rights Due Diligence. Seller hereby grants to the Company the exclusive right,through its agents,employees and contractors,to enter upon the Property during the term of the Option Period to core,auger, drill,trench and otherwise test and sample the Construction Aggregate Materials on and from the Property, and for such purposes to bring thereon and remove therefrom all tools, machinery and equipment necessary or desirable to perform the same. The results of the Company's testing, sampling and other operations shall be and remain the Company's confidential information and its sole and exclusive property; provided,however, that should the Company elect not to exercise the Option,the Company shall turn over such confidential information to Seller promptly following the Company's written election not to exercise the Option. The Company shall compensate Seller for the reasonable value of any crops growing on the Property which are destroyed by the Company and pay Seller for any surface damages caused by the Company's operations pursuant to this provision. 6.1 Phase I Environmental Site Assessment The Company shall obtain, at its expense,a Phase I Environmental Site Assessment of the Property(the "Phase I Study"). The Company shall satisfy itself as to the results and recommendations of the Phase I Study, and waive any objection thereto, or terminate this Agreement, within One Hundred Twenty (120) days of the Effective Date. Upon such termination,all of the Company's rights under this Agreement shall terminate,this Agreement shall be null and void, the Company shall turn over to Seller a copy of the confidential information developed by the Company pursuant to Section 6 above,and Seller shall return the entire Option Payment to the Company. 6.2 Water Rights Due Diligence. Company shall complete within One Hundred Twenty (120) days of the Effective Date, at its expense, an investigation of existing water rights appurtenant to or historically used in connection with the Property or which may be otherwise available to Seller, and Seller shall cooperate in such investigation and shall provide to the Company any and all information available to it, pertaining to any such water rights. All such water rights shall be made available by Seller to the Company to offset, as needed, any evaporative loss of water from the Property that occurs during the course of mining and processing of Construction Aggregate Materials (including washing of such material), and the Company's related operations, including without limitation dust control, water removed with mined Construction Aggregate Materials, reclamation irrigation and similar operations. If the Company determines that the water rights available to Seller are inadequate to sustain the Company's operations on the Property, such determination shall be grounds for, but not require, termination of this Agreement. In the event of termination under this provision, all of the Company's rights under this Agreement shall terminate, this Agreement shall be null and void, the Company shall turn over to Seller a copy of the confidential information developed by the Company pursuant to Section 6 above, the Phase I Study obtained pursuant to Section 6.1 above, and Seller shall return the entire Option Payment to the Company. 4 '^ PURCHASE AND SALE 7. Purchase Price. In the event the Company exercises the Option,the Company shall pay ("Purchase Price") for tons of Construction Aggregate Materials in place. The Option Payment and Additional Option Payment, if any, shall be credited against the Purchase Price. 7.1 Water Rights. The Purchase Price includes the Company's right to utilize so much of any existing water rights appurtenant to or historically used in connection with the Property or which may be otherwise available to Seller so as to offset any evaporative loss of water from the Property that occurs during the course of mining and processing of Construction Aggregate Materials (including washing of such material), and the Company's related operations, including without limitation dust control,water removed with mined Construction Aggregate Materials, reclamation irrigation and similar operations. The Company's right to utilize the water rights shall terminate upon written certification from the Office of the State Engineer(Colorado Division of Water Resources)to the Company that such water is no longer needed to offset and replace evaporative loss from the Company's operations on the Property. Seller shall be responsible for,at its sole expense,permanent water augmentation,if any,after completion of mining and reclamation. 7.2 Precious Metals. The Purchase Price includes the Company's right to retain fifty percent (50%) of any precious metals contained within and recovered from the Construction Aggregate Materials. The Seller shall retain thirty-five percent(35%)of any recovered precious metals, and any third party engaged by Company to recover precious metals shall retain fifteen percent(15%)of the same. Notwithstanding the foregoing, the Company shall have no duty to remove and save precious metals from the Property. 8. Closing. At the Closing to be scheduled in accordance with Section 3.4.1 of this Agreement ("Closing'), the Company shall pay Seller allaillneellin via electronic transfer of finds,certified check,or cashier's check. 8.1 Note. The balance of the Purchase Price shall paid by the Company to the Seller in the form of a promissory note to be executed by the Company at Closing in favor of Seller (the "Note"), together with simple interest equal to Prime plus 2% on the unpaid principal, to be paid in monthly installments over a ten (10) year period commencing on the first day of the month following Closing. No prepayment penalty shall apply in the event that the Company chooses to pay off the Note in less than ten(10)years. For purposes of this Agreement,"Prime"shall mean the prime rate as published in the "Money Rates" column of The Wall Street Journal as of the date of Closing. The Note shall be substantially in the form of twin hereto. 8.2 Surface Use and Mining Agreement. At the Closing Seller and the Company shall enter a"Suface Use and Mining Agreement"substantially in the form of Iit"b t t hereto. 8.3 Mineral Deed. At the Closin&Seller shall execute and deliver to the Company a "Mineral Deed' substantially in the form of EaTi hereto, which shall convey to the Company the Construction Aggregate Materials. 8.4 Title Policy. At the Closing, Seller shall provide to the Company an owner's policy of title insurance ("Title Policy") from LandAmerica Title Company acceptable in form to the Company and Seller shall pay up to a maximum of Six Thousand Two Hundred Fifty Dollars($6,250)for the Title Policy. The Company shall reimburse Seller for that portion of the actual cost of the Title Policy which exceeds$6,250,if any. 5 r 9. Taxes. Seller shall be responsible for the payment of all real property taxes assessed against the Property after Closing, and for all assessments on ditch and water rights reflected in this Agreement; however, if Seller becomes delinquent in paying any of the same, the Company may make such payments on Seller's behalf and deduct any such payments from amounts otherwise due and payable to Seller under the terms of the Note. The Company shall pay, before they become delinquent, all taxes and assessments relating to the Construction Aggregate Materials conveyed at Closing, specifically including all severance taxes, and all taxes and assessments levied against the Company's personal property located on the Property. 10. Warranties. Seller warrants,represents and covenants that, except as may otherwise be provided in Section 4 of this Agreement: (i) it has good and marketable title to the Property; (ii) it has succeeded to and is the sole owner of all right,title and interest in the Property;(iii)except as provided for herein, it has not conveyed, encumbered, burdened, or otherwise alienated any of its right, title or interest in the Property or otherwise permitted the Property to become conveyed, burdened, or encumbered;(iv)to the best of its knowledge, information and belief there are no third parties having any right,title or interest in the surface estate of the Property;(v) subject to the foregoing, it has full and sole right,power and authority to enter into this Agreement,to be bound by its terms, and to grant Company the rights and privileges set forth herein. 11. Miscellaneous. 11.1 Notices. Any notice required or desired to be given hereunder shall be effective if made in writing and delivered in person or by recognized overnight courier, sent by facsimile transmission, or sent by certified or registered U.S. mail, return receipt requested, to the following addresses: If to Company: If to Seller: Ready Mixed Concrete Company Thomas M.Holton Holton Family, 4395 Washington Boulevard LLC Denver,Colorado 80216 12032 Highway 52 Attn: Rick Parkes Ft.Lupton,Colorado 80261 Fax: 303/295-0470 Ann: Dr.Tom Holton Fax: 303/ With Copy to(which shall not constitute notice to With Copy to(which shall not constitute Company): notice to Seller): Carver Kirchhoff Schwarz McNab&Bailey,LLC White and Steele,PC 1600 Stout Street, Suite 1700 950 17`"Street, 21°Floor Denver,Colorado 80202 Denver,Colorado 80202-2804 Attn: Jeffrey W. Schwarz Attn: Joseph R.King Fax: 303/893-1829 Fax: 303/296-3131 11.2 Covenant of Further Assurances. The Parties agree to execute and deliver such other documents and perform such other acts as may be necessary or desirable to carry out the purposes of this Agreement 11.3 No Waiver. No consent or waiver by either Party to or of any breach of any representation, covenant or warranty (whether express or implied) shall be construed as a consent to or waiver of any other breach of the same or any other representation, covenant or warranty. No extension 6 of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act. No waiver shall be valid unless it be made in writing,executed by the waiving Party,and delivered to the other Party. 11.4 Binding Effect; Assignment. Except as otherwise specified herein, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. Neither Party may assign its rights,duties or obligations under this Agreement without the prior written consent of the other,which consent may not be unreasonably withheld. 11.5 Entire Agreement Severability. This Agreement and, when executed, the attached "Note," "Surface Use and Mming Agreement," and "Mineral Deed," together represent the entire agreement between the Parties relating to the subject matter hereof and they supersede all prior agreements,written or oral,among the Parties regarding the Property. The provisions of this Agreement are severable,and in the event that any provision is held to be invalid or unenforceable,the Parties intend that the remaining provisions will remain in full force and effect to the extent possible and in keeping with the intent of this Agreement 11.6 No Third Party Beneficiaries. Nothing in this Agreement express or implied, is intended to confer on any person, other than the Parties and their respective successors and assigns, any rights or remedies under this Agreement 11.7 Interpretation. This Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. 11.8 Governing Law. This Agreement is entered into and shall be governed by, interpreted and construed in accordance with the laws of the State of Colorado. 11.9 Dispute Resolution. All disputes,differences and controversies arising under or in connection with this Agreement which the Parties fail to resolve among themselves within thirty(30) days following written notice of any such dispute, difference or controversy shall be settled by binding arbitration to be conducted in accordance with the commercial arbitration rules of the American Arbitration Association in force at the time of such dispute, difference or controversy. In the event such binding arbitration becomes necessary, the arbitration shall be held in the City and County of Denver, Colorado. If the Parties are unable to agree within sixty(60)days following written notice of any such dispute, difference or controversy upon a single arbitrator to hear the case, each Party shall appoint an arbitrator of their choice, which two(2)arbitrators shall appoint a third arbitrator who will sit with each Party's appointed arbitrator to hear the case. The arbitration award may be enforced in any court of competent jurisdiction. 11.10 Attorneys' Fees. In the event of any controversy, claim or action between the Parties respecting this Agreement,the"Note,"the Surface Use and Mining Agreement,"or the"Mineral Deed," or otherwise in connection with the Property, each Party shall be solely responsible for its own costs,attorneys'fees,and expenses that relate to or accrue as a result of such controversy,claim or action. 11.11 Expenses. Each Party shall pay its own expenses related to completing this transaction,including the fees of its attorneys,accountants and other consultants. 11.12 Modification;Waiver;Delay. This Agreement cannot be modified or amended, and no performance,term or condition maybe waived in whole or in part,except in a writing executed by each Party. No delay or failure on the part of any Party in exercising any rights hereunder,and no partial 7 or single exercise thereof, shall constitute a waiver of such rights or any other rights or benefits hereunder. 11.13 Section Headings. The section headings in this Agreement are for convenience of idui.tn.s, only, shall not be considered a part of this and shall not affect the validity or interpretation of this Agreement. 11.14 Recordation. In the event the Option is exercised and the Closing is completed as contemplated herein,the Company shall record at its expense in the Office of the Clerk and Recorder, Weld County, Colorado, the "Mineral Deed" and a short form of the "Surface Use and Mining Agreement." 11.15 Counterparts. This Agreement may be eves-Med in multiple counterparts and by facsimile copy each of which shall be deemed an original,but all of which shall constitute one and the same Agreement IN WITNESS WHEREOF, the Parties have, by their duly authorized representatives, entered into this Agreement upon the Effective Date. HOLTON FAMILY,LLC READY MIXED CONCRETE a Colorado limited liability company COMPANY,a Colorado corporation By: Title: re:\_}.ros ¢.&r Title: 8 or single exercise thereof, shall constitute a waiver of such rights or any other rights or benefits hereunder. 11.13 Section Headings. The section headings in this Agreement are for convenience of reference only, shall not be considered a part of this Agicena.ut, and shall not affect the validity or interpretation of this Agreement 11.14 Recordation. In the event the Option is exercised and the Closing is completed as contemplated herein,the Company shall record at its expense in the Office of the Clnk and Recorder, Weld County, Colorado, the "Mineral Deed' and a short form of the "Seaface Use and Mining Agreement." 11.15 Counterparts_ This Agreement may be executed in multiple counterparts and by facsimile copy each of which shall be deemed an original,but all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have,by their duly authorized representatives, entered into this Agreement upon the Effective Date. HOLTON FAMILY,LLC READY CONCRETE a Colorado limited liability company CO s ,a lorado corporation By: By: . Title: Title: - $ STATE OF COLORADO ) ) ss. r/A• �} ?the foregoing, •,exit was acknowledged before me this%day of ,2005 by Dr. Th? at M�as ii, i ii , 4 of Holton Family,LLC,a Colorado limit kity company. DEkZRERA • Commission Expires: zio/otA, pp�� �C� • itness my hand and official seal. ngeo rrdreorFeb.Z,LOS NO 17th St?1st Fbor Fes. Denver CO 60182-8M No blic STATE OF GEORGIA ) ) ss. COUNTY OF FULTON ) The foregoing instrument was acknowledged before me this_day of ,2005 by as of Ready Mixed Concrete Company,a Colorado corporation. My Commisoion Expires: Witness my hand and official seal. Notary Public 9 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this_day of 2005 by Dr. Thomas M.Holton,as of Holton Family,LLC,a Colorado limited liability company. My Commission Expires: Witness my hand and official seal. Notary Public STATE OF GEORGIA ) ) ss. COUNTY OF FULTON ) The foregoinstrument was acknowledged before me this abday of Atxi,u sr,2005 by Ljgi CD It,,,. rpas .c1r ,i i of Ready Mixed Concrete Company,a Colorado corporation. My Commission Expires: In - a a_O9 _. Witness my hand and official seal. commtssloeBamh easrn No Pub is 1 9 Exhibit A to Option and Agreement to Purchase Legal Description Parcel A: The NE1/4 of the SW1/4,the N1/2 of the SE1/4 of the SW1/4,the N1/2 of SW1/4 of the SWI/4,and the SW1/4 of the SW1/4 of the SW1/4 of Section 6 in Township 1 North,Range 66 West of the 6th P.M.,Weld County, Colorado; EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 1403 at Page 414 and in nook 1471 at Page 185. Parcel B: The W1/2 of the NW1/4 of Section 7 in Township 1 North,Range 66 West of the 6th P.M.,Weld County, Colorado,EXCEPTING THEREFROM the NE1/4 of the NW1/4 of the NWI/4. Parcel C: Part of Sections 6 and 7,Township 1 North,Range 66 West of the 6th P.M.Weld County,Colorado,more partcularly described as follows:Beginning at the Southwest corner of the NE 1/4 NW 1/4 of Section 7, Township 1 North,Range 66 West of the 6th P.M.,Weld County,Colorado;thence N 0 degrees 04'06"W along the West line of said NE 1/4 NW 1/4 a distance of 660.46 feet to the Southeast corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7;thence S 89 degrees 33'44"W a distance of 738.40 feet to the Southwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7;thence N 0 degrees 14'07"W along the West line of the NE 1/4 NW 1/4 NW 1/4 of said Section 7 a distance of 660.51 feet to the Northwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7;thence N 0 degrees 33'43'W along the West line of the SE 1/4 SW 1/4 SW 1/4 of said Section 6 a distance of 660.60 feet to the Northwest corner of the SW 1/4 SW 1/4 SW 1/4 of said Section 6;thence N 89 degrees 33'49"E along the North line of the S 1/2 S 1/2 S 1/2 of said Section 6 a distance of 2223.12 feet to the West right of way line of U.S.Highway No.85;thence S 06 degrees 13'31"E along the West right of way line of U.S.Highway No.85 a distance of 1691.42 feet to a point of curve;thence along an arc to the right having a radius of 5640.35 feet,an arc distance of 299.43 feet to the South line of the NW 1/4 NE 1/4 of said Section 7;thence S 89 degrees 33'28"W along the South line of the N 1/2 N 1/2 of said Section 7 a distance of 1682.72 feet to the point of beginning. Parcel D: The NW1/4 of the SW1/4 of Section 6 in Township 1 North,Range 66 West of the 6th P.M.,Weld County, Colorado; EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 114 at Page 157 and in Book 1471 at Page 185. 13.0 APPLICANT'S INTEREST IN THE PROPERTY 13.0 APPLICANTS INTEREST IN THE SUBJECT PROPERTY The Applicant, Ready Mixed Concrete Company has an "Option and Agreement to Purchase Construction Aggregate Materials In Place" with the owners of the subject property, Holton Family, LLC. See the preceding section (12)to review the above referenced Option and Agreement to Purchase. 14.0 OWNERS OF RECORD • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Lawyers Title Insurance Corporation 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. 1477393 Book 555 Reception No. 1533228 Book 611 Reception No. 1603891 Book 682 Reception No. 1704902 Book 783 Reception No. 1705819 Book 784 Reception No. 2147277 Book 1201 Reception No. 2657465 Book Reception No. 2659566 Book Reception No. 3073479 Book Reception No. 3190037 Book Reception No. 3278967 Book Reception No. 3316792 Book Reception No. 3316793 Book Reception No. 3316794 Book 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, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 5th day of February, 2007, at 7:00 am. Order No. 53-0001804 Lawyers Title Insurance Corporation / By \,C✓1 Authorized Signature 4 File No. 53-0001804 EXHIBIT A Parcel A: The NE1/4 of the SW1/4, the N1/2 of the SE1/4 of the SW1/4, the N1/2 of SW1/4 of the SW1/4, and the SW1/4 of the SW1/4 of the SW1/4 of Section 6 in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado; EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 1403 at Page 414, and in Book 1471 at Page 185 and in Book 682 at Reception No. 1603891. Parcel B: The W1/2 of the NW1/4 of Section 7 in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, EXCEPTING THEREFROM the NE1/4 of the NW1/4 of the NW1/4. Parcel C: Part of Sections 6 and 7, Township 1 North, Range 66 West of the 6th P.M. Weld County, Colorado, more partcularly described as follows: Beginning at the Southwest corner of the NE 1/4 NW 1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado; thence N 0 degrees 04' 06" W along the West line of said NE 1/4 NW 1/4 a distance of 660.46 feet to the Southeast corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence S 89 degrees 33' 44" W a distance of 738.40 feet to the Southwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence N 0 degrees 14' 07" W along the West line of the NE 1/4 NW 1/4 NW 1/4 of said Section 7 a distance of 660.51 feet to the Northwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence N 0 degrees 33' 43' W along the West line of the SE 1/4 SW 1/4 SW 1/4 of said Section 6 a distance of 660.60 feet to the Northwest corner of the SW 1/4 SW 1/4 SW 1/4 of said Section 6; thence N 89 degrees 33' 49" E along the North line of the S 1/2 S 1/2 S 1/2 of said Section 6 a distance of 2223.12 feet to the West right of way line of U.S. Highway No. 85; thence S 06 degrees 13' 31" E along the West right of way line of U.S. Highway No. 85 a distance of 1691.42 feet to a point of curve; thence along an arc to the right having a radius of 5640.35 feet, an arc distance of 299.43 feet to the South line of the NW 1/4 NE 1/4 of said Section 7; thence S 89 degrees 33' 28" W along the South line of the N 1/2 N 1/2 of said Section 7 a distance of 1682.72 feet to the point of beginning. Parcel D: The NW1/4 of the SW1/4 of Section 6 in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado; EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 114 at Page 157, and in Book 1471 at Page 185. "555 Remold a Y:fm ,, e P a DUI 1965 ® ri R.n01p ^ 7 a•7er!t9:t neon A0 ran starer. Tats Darr, manias 9th fr--dreoecember an 65 . betweenso HARRY L. HILL. an Individual • a • a N- et tee roam et Weld Imo State of cekceie.a the Ora pat,W • r- EARL FIEDLER, an Individual n d W Ceeatyet Champaign and N 'l1',.R..�a ar o State ef9 the steed pert: Cr WRaE ISSTIL That al old party of the first part.for and le rendatrWvo at sea s .t .n Ten and no/104.. Do ($10.00) DOLLARS p to Ike sell party at the hilt pert la head sold by sell party of the sensed pet.W receipt whiner le s I hanbf rafared and Mh.owtedaed.haS panted.a.riettaed.sold and as.r.a.endby these presents doDS nat.6brains;snil,metq ion amwm,vots W antes party of the Ithread pariah 1 rinl sad hsbp S bola I the sad antra far sa en.an the Selewbi dese,tbed LAS: er pand5 . ] Courtrai Weld est4 Mato id Wanda,to-wth • As- described in Attachment-Appendix "A". 11 Property Description, attached to and made r.1 1\s l a part hereof f,.Tpp ' au u FfrYiR`�� It1 }, J�YE• (� y_ L, t r •' (r, '.F� s,-lF�'"L' I1 `r J.�.. 11i__ .: 11 9 TOOHSREA?Alb a set dander the henlltmaW Vail'epprtaeaes thereto hdonaing, er In anywise apNdelaes sad the amnion and,wndoei,re.e edn end rnalden.rents,Inns and profits Daaff and all the sWes naht,mW.merass,dam and demand whatsoever of the aid party of the tint pest,either Is law or eqS.af,l and to W.hen handsel prWses,with the her ditam a and appartseees TO HAVE AND TO HOLD W said psemise then hardened sad described,with the appstsass,vole the am paty of the same Part his hen ad adios lanes.And the said party af the lint pert ter h i pelf h i s bus,exe ntea.sad dmkhtreters,does foment.Pat.heis .and awns to end "...- with the sad peaty of the mead pert. hisbehe ern adios.that at W undue enaalaw and LHserr of Ulna presents. lie is well sailed e(the premises shore teersed,as cif seed,sin,pang".testate and I Sdntadbte elated banana,maw i ,late*sheste,sad hap stood right,toll power sad lawful make* la ovat,brtdd..sell W Batty the same Is meaner end Iona ea*tarns*and that the sea en tree and Sat Ina a tame and other grants.heitlae.ales.lies,taxes,t ernes and asmbrens at whatever and er a.tar.Mewer,except 1965 Real Property Taxes. .I i .ad the chore hesptsd nudges ht W Viet sod peaceable psaion at the aid party at the mend part. his blot end aid pet taatsa of sap lvt�WARRANT AND FOREVER DEFEND. on er plasma Wittily Shinn or to claim the whole a ant part therm!.W eb party of the Me pert. -J� IN WIrNEP/WHEREOF,the am party a the lira sat has hexane noel s h..+ 7 lad sea Jbs day-sad Tot tint aben wrlifm `D Jet !r r"l 11 .�erNi. h �13!!.1e, (SEAL) fSdy' .+ 1t e - STATE OP COLORADO Cenral of prta }a' f 1 k Ivotrmnt m ahmwhdpd edn a red. 9 day d D E�Emercie s� ; .!l AP¢y G- c/i// .0 .Wtm.e.whadasdRalsea ';. f:AIn1 srsA CS // .nor _'1 - Rs Pie wemarrr nea.-r..noternm aree.—anneievirtene swan anon.tenon ant theca e.nsmeet. Iii '°°a 555 1477393 A—A ATTACHMENT-APPENDIX 'A' PROPERTY DESCRIPTION The South Half of the Southwest Quarter of the Southeast Quarter (545W4SE4); the South Half of the Southeast Quarter of the Southwest Quarter (S45E45W4) and the Southeast Quarter of the Southwest Quarter of the South- west Quarter (SEDSIMSN4) of Section Six (6); and the i Northeast Quarter of the Northwest Quarter of the Northwest Quarter (N64MW4NM4); the Northeast Quarter of the Northwest Quarter (NE4NY4) and the Northwest Quarter of the Northeast Quarter (NW4NE4) of Section Seven (.7), all in Township One (1) North of Range Sixty-Six (66). West of the 6th P.N. Also all water, water rights and water privileges, all ditches, ditch rights, and ditch privileges, all irs, reservoir rights, and reservoir privileges and all pumping plants, and all easements and rights of way for the fore- going. and all enlargements and extensions thereof, attached, appurtenant to or in any way belonging to or used on said r- land or which are held, owned, or controlled or which may hereafter be acquired by grantors and their heirs. devisees, personal representatives. grantees. successors or assigns for use thereof or in connection therewith; including, but not by way of limitation of the foregoing. 20 shares of the capital stock of the Fulton Irrigating Ditch Company; together with, but not by way of limitation of anything otherwise described herein, all wells, pumps, pumping equipment. pumping stations, sprinkler systems, motors, pipe ana casing now or thereafter constructed or installed on said property for the production of water thereon or the irrigation or drainage thereof. NMowu,M ll5 7A �^' Nii1---: ,t,OT% ), X s 4, - u 1.>< JUN 241969 et o 10Or nil a Iteresked seism Da Hamp11s No 1533228 net Pmts w..e,s.. 0 r i*--/ RECORDERIS CAMP 11me.DEED, YJrtih J9n -dare) June s69'betel= 1 • 1 JOHN W. NORRIS and EDNA E. NORR[S s V y, P. !1 Z •et g,. Comity et Weld mad grata el Nark 04 awed,.[the drapart.ad b gal eT I ffiZ UN THOMAS M. HOLTON and ALICE R. HOLTON ' a� -- itthe Cement Boulder and Slab e[b:eadg.fiwsewed pall 1 1 7s. 'em WITRESSETF,that the said port des et els BM pm,tar W Is seJwsua d W a et r- One Hundred Dollars and other good and valuable consideration, - - -LCE1ar; t- o la'ha meld part lea of W tint pert In had pad by Ile sold pestle el the second past,Ile media wheat Is o beaeby r®fe,d and.ati.wisged,ha ye ranted,berPlmd.ale d eamrd.ad by thin wmwn 6. great.hem*all,rarer ad coatis wee Os maid peaks of the and part.Mgr lain and antra fate.net In Woad.be e®bat In last tea.ay,m On f'etlswlet dsea®.d let as.pond of lead,atatta.tang ad bast la the Comb d Weld sad Sete d Oslends.le Witt ad The NE4 of the SW4, the N}of the SE4 of the SW-1, and the Wt.of the SW i of Section 6;and the Wt.of the NW4 of Section 7; all in Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado; EXCEPT a tract of land containing 20.40 acres more or less described in warranty deed recorded in Book 6, at page 51, Weld County records and subject to.all easements of record. _ There is also conveyed herewith all water, water rights, ditch rights and • well rights, if any, owned by parties of the first part and appurtenant to the above described real property. TOUPEE=with at sad angular the banNYvoes sad apwWwes*waste beWdan sr la winks appertains&the reweeW and waateea,resaller sad amabdan,nab.Ilan sad profits than/;and al as mete,right.Ma beans.eW and an and whatsoever et W end pan iea .t the that pert attar In taw a malty,of,la and to the ahem bufabd paemws.-SY the anathema and appnaea.uma lam TO HAVE AND TO MOLD the rid paeans above barged and dadhd,with the apps W asaa age the sea 0 Astir of Oa wad wt.Moir Min and'sera large.And the said pun fee of W fns rat,for them III raves . theirbda mmren.ad.ddd.b.bn M aasra*grist.blade sea ogre to ad with the -... rid parts of W amend part.their bin sad sulfas.that at W tined the ensWw and denary of thin pe a- esagbey are will sad of the pint's.Jam monad,r of rood.ore,perfect,Omelets and 1wWaalble morels d Inhalant,Is bin,in fee dmph,end ha ye god right.dell power sap lawful.srbnb to slag,bas am*melt m maw the same Is manna and form aforesaid,sal that the tae an tat mad clear Item all tams? N sad ether pants berzine,sales.lima,bra..Ma.mate and aeambaaea of whatever Yea or nano soma except general taxes for the year 1969. due and payable in 1970. which taxes parties of the second part assume and agree to pay; o wl W fete bngdaed poise law gala sad peeallo pammtla of the said parties J the laud pan,their • h am and sedge.sashed all sad oral perms as peens lawfay rlablap or be gbh the Ode Sr may port Ibaml. the mad wt ins if W Ent pat shall rid win WARRANT AND POaEVEa Draw. IN W1TN=WEEREO?W mild parties d the fart part have hornet set theirha.d s sat . e seals W day sea year lest stem walla �fl/`/,,, glfad.gaged and Utllrmd In the Ptasaee of 12( �/� '/1 A✓al.l�l-/ [SEMI e John V. Norris a `� f' //<, . r—s) [SEALI e- n-- . 0 -Edna E. Norris p P MILLI STATE OP COLORADO. $ Covets of }n N "einfit'.. The edoteadred beim no this /9 n dad June. — s69.1� 'kris and Edna E. Norris. Y₹ ID E ,N -WIW.s we bed sat official sat. i;. o n Jo I. Lp Commission expires Jsajj�5,19700 '.. 40S 9l�a,Fr are ewe- 9. Ne en. neeneen am-r.1rrr - - antis,a.-la.1....roar base.cow.—r.•• � rt tsraabaap.OaM a eaW anpwY.r el .a T y y wan et nob y�yM 4"a. ot alma-aametynp�maa.W�eaiaaaaa aarel<v alfNra �Sa p�,aypy Oat Allan m area eaaaa,a any,yeas.� y W r1M-�OlasYa A..YeI ewY�eK f afr- I-. IrsW .welYi YiY AQuic `s— - 04 m-n-er 682 er4 Recorded at /0 a o'Mda 18098• AM SPODef 1 i Ir (t 1 ire its, cc.' TO MAS M. BOLTON and ALICE It. COLTON In 0 .p ma Grader or Granbrt ri of w. at m, and Calmly at Wald .and State of Colorado for cad b consideration of Ne sea)of TEN DOLLARS arid alter seed and nimble=ellevations lo lee said Groner e!Gredpe a to read paid.IM wceM wee'ed is n*reby coalessed and acenawledgM,have graphed.ba.aIM,sold and conveyed.and by these presents do hmeby GRANT,BMASANM SELL SB CONVEY veto The Department of Highways,State of Colorado, Grantee.lie eYa4seare awl assign*lames,the Wowing eel aphpmq divans Init' and County et Weld end Slate at Cohwad0.bwg: 0 N A tract or parcel of land No. 1 of the State Department of Highways. Division of Mighvays, State of Colorado, Project No. 918 P 085-3(2) containing 3.556 acres, more or lams, in the NTH of the 8Wk of Section 6,'Tovnship 1 North. Range 66 want, of the Sixth Principal Meridian. in held County, Colorado, said tract or parcel being more particularly described as follows: Beginning et a point on the north line of the MA of Sec. 6, T. I N., E. 66 W-, from which the NE corner of the Silk of Sec. 6 beers N. 88' 23' 30" E., s distance of 282.5 feat; 1.-'.Thtexek'Ni.88'-23' 30" E.. along the north line at the SW% of Sec. 6, a dis- tance of 282.5 feet to the NE corner of the Silk of Sec. 6; nr_• 2. Thanes S. 0. 03' 30" g., along the east line of the SW% of Sec. 6, a distance of 1:04911 feet; 3. Thence N.-16' 06' 45"W. a distance of 1,015.1 feet to the south right of way line lt.S.11. 52 (Feb. 1972); 4. Thence N. le 36' 30" W. a distance of 60.0 feet, more or less, to the point of beginning. The above described parcel contains 3.556 acres, ware or less, of which 0.465 acres are in the right of way of the present road. Yew ttc itnc Arcs VAIL m : - c,a MS S:WN• n -t Knu,Cc a Cy anOnwr,RIM d Wq Indian Resenting unto the grates all coal. oil, gee and other hydrocarbon. and all clay and other valuable minerals in and under said premises; provided, however, and the Branton hereby covenant and that the grantee shall forever have the right to take and use. without payment of further compensation to the grantors, may and all sand, gravel, earth, rock, and other road building materials found in or upon said Parcel No. 1- She grantors further covenant end agree that no exploration for, or development of any of the products hereby reserved will aver be conducted an or from the surface of the premises hereinabove described, and that in the event any of such oyorations may hereafter be retried on beneath the surface of maid premises. the grantors shall perform no act which may impair the subsurface or lateral support of said premiums. This reservation and the covenants end agresmeete hereunder, shall inure to and be bindles upon the granta0 and their heirs, personal and legal representatives, succeeeeee end assigns forever. • • • nem Imo.towsoma {tdRs. 1. 682 isossin el-z • TOGETHER wait end Souls.Me teealenre and a{WAnwaes Mere.bebnpbig,arw ary.du appertaining,orb Me ses- sion a.ImasuW,rpnatlt and wn&rd..s,lead%kiwis ad petits thereof;old ell Me estate,INN,Rile,Mead,olefin and& eed obeisant al Ito said Gaits a Granlas,&her In m s salt of,.is and Iola above hasped pemisessill eaheralimmeaes ad tee :..1 appWWnntea TD HAVE AND TO HOLD No rake pate above bargained ad described.at me epalwncq ante Me said Grain— Da successors and emigre loam. Md Me Said Giant a Graders,ler IMmssNes,Mir mie,ensues end alaaielMvgdo moor{ grant,batty oral agree load wllh the sold Grantee and ifs samaras and*sera man l the time al he eeetie and delivery el this.present;lay were well saidGi It.penises Sava carneed,M ais ccd,We,perNU,ehNN cad edeleogide Sole a inberlerre, in law.Mfle Semple.and ad goad right,lull peas and Mahn attawity la pran,bagaf,all and convey the saw m the reaamad lam alamdy that Mepneaeitt cad deer tram ad alw tents,etgaty sales,Bess,ees.asiesamMs and eNebradee l GAR- ea Had a elan eater,by,IMargh or way the Grantor at Gtanlarm MR Mt sold Grantor a Grantors wile WARRANT AND FOREVER DEFEND the oboe bargained Remiss In lM tail and peaceable possession of Ike said Grace{and ils successors as asem,agabn all and every poison or proms lewmuay peening or to claim me whale a wry pal brad.by twea r armer 1M said Grantor a GraNas. LL IN I'IIWITNESS WHEREOF, the said Groat..toGrantors hove hereunto sal their heeds the �DTy days ,ssa ta(k.✓ ,AO,is 2Z. \ (, .. C Siged'n IM presence d: ., y�r,--'�^-� litIA:Alp STATE OF Ca la.c.6-L/Q_l .-' __---_ It _GC fatty et lee.{ I F Tea-l«�4•.•• a.eaM.aaeM wet a:Wrowedged before mathlI�0 day al •NO✓a-rlc.r ,e9T?, 'r S tweet low 6 ALICE R. NOLTON — by- ! ya c ------ — t.y.'07014446411Wfiertend Official Seal, • N G aJu -' STATE 1l end Countyol },e. . The bingeing irshumenl we eausm dge Ware me the day of ,19_, by -.-- WITNESS no hand and Official Seal, My Commission &pine- wm r wwm An I 4gTH11 I lie etiiij f V o u11111 $ • I °p°F• 7�.'f B.aKted et /O°a ,'clod,_„ DEC 21476 o _ s Reception Ns__ 1704902_ !.ug e[Bif131EBSIEW_Beeotder. CS 02 4- 'ISIS DEED,Made thin 30th day of November ,is 76, I �Ibetween EARL FIEDLER and CAT16RINES. FIEDLER, husband and wife, Slate DocurneNory T ' -of the Co ai mfy of Weld d Btata of Colorado, DNn 11F(: 9 1976 1 of Steffen Pert,Sad $ 9.eo a ALVIN B. GEIST and DARLENE M. GEIST 7 -'- of the County of tenser and State of Coleman of the emend part: 0 WITNE SETH.That the add pertiea of the Drat Dart,for and in cendda,atien of the anti of o TEN -DOLLARS, and other good end valuable considerations, _ t— � b the said parties of the finl pad 1v hand Paid by the said pat lee of the second part.the receipt whereof lo hereby confessed and aelmwledeed,ha va meted,hentalaed.sold and own-eyed.and by thew premed do e past,barg.Iq dl,money end cooOtm,area the sold part les of the wend part their ban and amigos fens,ea the tellurian described lot or parcel of lad,situate,lying and bete in the .n County of Weld and Sloe of Coloreds,tawf: Part of Sections 6 and 7, Township 1 Worth, Range 66 West of the 6th P.H., Weld tj' CourityrColoredo, more particularly described as follows: Beginning at the Sougfwa t corder of the NEI(ltHr of Section 7, Township 1 North, Range 66 West o of ilie'Ath 11;H.,-Weld County, Colorado; thence N 0'04'06" W along the West line of said 887110$p.distance of 660.46 feet to the Southeast corner of the NEh Nips NW{ of:pd$d.8epClon 7; thence S 89'33'44" W a distance of 738.40 feet to the Southvget coptaf'df the NEi NWIc NWIc of said Section 7; thence N 0'14'07" W along tlie'*oatt line of the MEI; NWIg NN4c of said Section 7 a distance of 660.51 feet to the Northwest corner of the NEIg NMc NWec of said Section 7; thence N 0'33'43" W along the West line of the SEt 514( SIA4 of said Section 6 a distance of 660.60.feet to the Northwest corner of the SEk SWIt SWIg of said Section 6; thence N 89'33'49" B along the North line of the Sig Sy S11 of said Section 6 a distance of 2223.12 feet to the West right of way line of U.S. Highway No- 85; thence S 06'13'31" E along the West right of way line of U.S. Highway No. 85 a distance of 1691.42 feet to a point of curve; thence along an arc to the right having a radius of 5640.35 feet, an arc distance of 299.43 feet to the South line of the N141 142( of said Section 7; thence S 89'33'28" W along the South line of the 111 13f of said Section 7 a distance of 1682.72 feet to the point of beginning, containing 94.51-acres, more or less. ALSO ALL water, water rights and water privileges, ell ditches, ditch rights, and ditch privileges, all reservoirs, reservoir rights, and reservoir privileges and all pumping plants, and all easements and rights of way for the foregoing, and all enlargements and extensions thereof, attached, appurtenant to or in any way belonging to or used on said land or which are held, owned, or controlled or which may hereafter he acquired by grantors and their heirs, devisees, personal representatives, grantees, successors or assigns for use thereof or in connection therewith; together with, but not by way of limitation of anything otherwise described herein, all wells, pumps, pumping equipment, pumping stations sprinkler systems, motors, pipe and casing now or thereafter constructed or installed on said property for the production of water thereon or the irrigation gO,Ib or drainage thereof, and further specifically irrigation wells identified as Fiedler Well No. 1-20098 and Fiedler Well No. 8-5923-F according to Adjudication filed December 10, 1975, in Water Court Division 1, Weld County, Colorado. GRANTORS HEREBY reserve unto themselves, their heirs and assigns, all their existing interest in and to all of the oil and gas in and under and that may he produced from the above described lands, together with the right of ingress and egress at all times for the purpose of operating and developing said lands for oil and gas. Grantors hereby agree to pay at the rate of $2,000.00 per acre for surface damages to land and/or crops resulting from oil and gas activities, which payment shall apply only to land and-crops actually damaged. 'TOCEremR with an and Snyder the hemdaameob and sppmtwevna themhs belonging. or In anywise appertaining,ad the reversion and revenelms.remainder and remainders.mute,lens end prose thmeof;and an the I01200.right,tab,Inbred,dal and demand whs4eesos of the said pad iee of the fiat pet,either lo l w or Molt,.of,In and to the.hove bapind premises,with the bm.ditameda and appurtenances. No.am. waeaaxrr raw—...Ploor atY - -numb*.co-iWw sr.awl.nn.v.(mess-a-a ,,.—_ x'783 1704902 as TO HAVE AND TO HOLD the add premises mae bargained ud described,with the epputmo n,ants the :mid put in aft err peat.theiriedm at news finer.And the old part la of the Sint pert. for then Wits, Idle aaenton,and admb4tratan,do teeesaR giant,bargain and apes to and with the old put la of the need pert,thelndn and adpse,that at the tins of the mating and de0vey of thew presents they ere well wind of the premises above conveyed, as of good, ewe, pedeel, absolute mid Ivdefeadble estate of tshdlaee.In law,In fee mole.ad kn ve geed dght,fog Dower and lewfal a thmilf to weal larvala,all and canny the ease In manor and form as eforaild, and that the sere ate flee and clear farm all farmer end other gnats,bargains,soles,liana, taxes, asrammta and tecambreata of whatever zed or=tun soaves. EXCEPT taxes for 1976 payable in 1977 and subject to easements, reservations, rights—of—way, agreements, oil and gas leases of record and existing roads and irrigation ditches, if any, and the above bargained pnmiwe la the quiet tad warble pemsedon of the said part in of Um second pad, their beim end wane against at and every parse or penes lawfully claida or to debn the whsle Sr ay past thereof.the said pert ies of the that part shall and will WARRANT AND FOREVER DEFEND. IN WTTNffi WHEREOF,the raid puttee of the lint pert ha ve beram,ta et thetaand a and seal s the day and year first above written. . / Signed,sealed ad DeliveredDeliveredIn the Presence of _ �t ( :416 t MEAL] 14r1 t'•�f. tharis L. etller�� IMAM (Husband and wife)— —WEAL] STATE OF COLORADO. County el .I.ARINER se. The foregoing ieanmet was acknowledged before as this 30th day of November Dp 76,pie Earl Fiedler and Catherire 1.. Fiedler, husband and wife. ^ My eommhabo expire July 21, 1979. Witness my had and atheist seal CZT �ft f^tar• IXITIA V_Palle. -4.:Ott r i A'p�/BL1C :o 9p • i II film A I : .1 . 1 i 'vEr-I , Ea or ec Le j I 13 Z .a.axe..vi en, f• LLI d : & a 41j $ Ilgtai 1 va�a9 ' I i �� • o V O P , ! .i I >i,n Y_ !citli IiS 1 I ( IS I�t It I t daR I it I,_ I sg 1 Az fa �i t. .., %� __ .gym Recc_ded at °. `" o'clock,..) M., DEC 1..4_1976 17©56x9 MAR) AN, FrUcfvTiwy. .Recorder ' -- Rete,ry:�tio .- _ �. :..-::.. _:- _ __- _ 'leg. _ ._— __. RECORDER'S STAMP THIS DEED, _lade this 1st day of December t 10 76 ,between t' . AL-IN B. GEIST and DARLENE M. CEIST, he:bandand ! Stoic. .--I t :br wife, r., i ni ! : Dote r I DECIn14 ?97a ! I / 1 I o ate I- of the County of tanner and State of L.:=______-1--- -.--__________ 'iL zit,^. cJ Colorado,of the for part,and I I l ♦ .. -s J °_ TOM M. HOLTON AND ALICE R. HOLTON ! 0 l• ., . ! of the County of Weld and State of Colorado,of the second part: yi'Yy j `,YITNE53ETIi,that the said part ies of the first part,for and in consideration of the sum of -r,i! TEN .DOLLARS 1 'n I and other goof and valuable consideration to the said part ies of the first part in hand paid by the d parties of _.e second part, 'e.. 'receipt ...hereof s -. ,,f0.. hereby confessed and acknowledged,ha ve granted,bargained,sold aid conveyed,and by these presents do grant,bargain,sell.convey and confirm unto the said parties of the second part,their heirs and assigns forever,not a tenancy in comm.r but n joint tent[ ,all the following described lot or parcel of land,situate,lying and A _ ' t.:__:_. County of Weld end Stile of 'o.to*Di ! - :a _ I .,..."s....Se ry Part of neeiicas 6 and 7, Township 1 North, Range 66 West of the (nth P..♦. . Weld d County, Colorado, more particularly described as follows: Beginning at the I, $ � Southwest corner of the NE1 NWt, of Section 7, Township 1 North, Range 66 West i _� " of the 6th P.N., Weld County, Colorado; thence N 0°04'06" W along the West line of said NEts NIHr. a distance of 660.46 feet to the Southeast corner of [he NE'i `ERc 'I 1 WW1/4 of said Station 7: thence S 39°33'44" W a distance of 738.40 feet to the , Southwest comer of the NE1 NW' NWIr of said Section 7; thence N 0°14'07" 44 inlil. along the West line of the Nk°t Nil, %W'L of said Section 7 a d]..tince of 660.51 I g 'errs ,.j feet tine the ::.......west earner of [he NE4 1tR+nG NW'; of said Section 7; thence N j 0°33'43" W along F the West line of the SEta SW,' SWlt of said Section 6 a distance . of 660.60 feet to the Northwest corner of the S[rs SWtt SW'; o£ said Section 6; thence N 89°37'49" E along the North line of the S1 S'£ S1 of said Section 6 .a a .O distance of 2223.12 feet to the West right of way line of U.S. Highway No 35: aef thence S 06°1_'31" E along the West right of way line of U.S. Highway No. 35 a I - - - 7 fret to agright '%i distance of 1(91.4.. point of curve; thence along an arc to the I ' having a radius of 5640.35 feet, an arc distance of 299.43 feet to the South la a line of the Ur-_ Nei_ of said Section '; thence S 39°33'28' W along the South - i=w, 1. 1 line of the ili Pitts of said Section 7 a distance of 1682.72 feet to the point ! of beginning, Containing 94.51 acres, more or less. I .. bf' nf.-- I a ALSO ALL water, water rights and water privileges, all ditches, ditch rights, I y _` a and ditch pr eLleges, all reservoirs, reservoir rights, and reservoir privileges I -x'r dl and all pumpic4 plants, and all easements and rights of way for the foregoing, I 1 and all enlarc..ments and extensions thereof, attached, appurtenant to or in any I a 0 li way belonging co or used on said land or which are held, sum ed or controlled I .j +[_s.. _ I or which nay 'Soreafter be acquired by grantors and their heirs, devisees, 1 I personal oronr,sontot avos, grantees, cucce000rs or assigns fur use !stereo!' or in connection therewith; together with, but not by way of limitation of anything "I 6' otherwise described ❑ereln, all veils, pumps, pumping equipvenr, pumping s:.,...,. - : - _� I sprinkler ys-. ;Ins, motors, pipe and casing now or thereafter constructed or "II c'3=sz "=-'' installed on =aid property for -he production of water the.eon or the wigs Lie . Far or drainage thereof, and further specifically irrigation w. Lls identified - -T Fiedler Well ... 1-70093 and Fiedler Well No. 8-5923-7' ace rdin.y to Adjudication ��* I filed December 10, 1975, in Water Court Division 1,a Weld C unty, Colorado. I�� w« sa II .m 7'i.'. 1 i .i,,1- II I • axir- lit -- I II , TOGETHER n aand i ga:a hereditament; and aptrngentinr.oP thereinto bel onging, or in anywise 'i II the ' appertaining, and reversion andre.ersiona, remainder and remainders, rents, issues.and profits thereof; and . , It all the estate,right, title,interint,claim and demand whatsoever of the said part lesof the first part, either in I '• ! law or eq,ity.of, p !I _`., and to the above bargained remises,with the hemiitaments and appurtenances. No.768. WARRANT'neen—r°n,M n..nr. Brad.ford I'TlIzt.- co_:°v-1-as anaF Tyree,1........, -- 41 L Y#y co. y 1'705819 .'w .-•. .l -y ,w,a z.. I TO HAVE %ND TO HOLD the said;remises above bargained with the appurtenances, unto the I said parties the second part, their heirs and a .gns forever. And the said part ies of the first part, far them eel yes, the,7sirs, executors,and administrators. aree toede covenant, grant, bargain and g sr9., ,i and with the sr.'d parties of the second part,their heirs and assigns,that at the time of the unsealing and delivery _ ` of good, sure, perfect, absolute '- of these presents, they are well seized of the premises above conveyed, as ..I and indefeasible estate of inheritance in law,in fee simple, and ha ye good rigirs,lull pu.ras and lawful a IN • to grant,bargai.s,sell and convey the same in manner and form aforesaid, and that the same are frca and clear from all former and other grants,bargain:,eater.,liens,t=ee,assessments and incumbrances of whatever kind or nature, ' soever, EXCEPT taxes for 1976 payable in 1977 and easements, rights of way, f1 reservatiocs, agreements, and oil and gas leases of record and existing roads '� and irrigation ditches, if any, and a Deed of Trust in the amount of $63,900.00 - from Alvin C. Geist and Darlene 2 t.i. Geis to se s,e o.eis. d ..C.c bcr 30, 1976, ':=: which the S rend Patti.es assume and agree to pay according to o terms thereof, e y Si iI :5 and the above br:gained premises in the quiet and peaceable possession of the said parties of the second part, their r.�" 71 heirs and as gn.' against all and every person or persons lawfully claiming or to claim the whole or any part thereof, �,�. ,I the said part ice of the first part shall and will WARRANT AND FOREVER DEFEND. y i IN WIT\F"S WHEREOF,the said part ies of the first part ha ve hereunto set their hands and , seal S the day and year first above written, '3� 1 1 • 4 I / / Signed,Sealed m d Delivered in the Presence of C wi/ n B Geist I s ..� t :�Wc24!J.,G- /J2 /A+,;h6.2t [SEAL] d . " Darlene d.; Gel st " (Husband and ifl.e) s s [SEAL] , ' STATE OF COLORADO, 1ss. County of LARIMER The foregoing instrument was acknowledged before mu this Is day of December ! ' lai'tJ, 1. in B. Geist and Darlene M. Geist, husband and wife. . ' ••.MyRmmasJnexpires December 27 ,19 79 .Witness my hand and official seal. i 1Str.)2e41/4741— -_ V a...., _ Nolen YUWle. na c fs q e I hen,l ie b ales In 0v-went-obi,.or onside]:esnaelty or n atturney-In-fact. - u of I 1.er...p•city nr d rlouon;If by officer of corporatmo ca insert name of such F t 4r' " CT gig TgL Y .Yn H.i o I I y r I - i _ �as. l a „ �J d `0 1, , LL., O _ % I lJ It II J. C�. '.I III !Ili n r -4:-..A _ tz \ t ir •`-, o o �.I. `_ a4. ?skt III U7 I— = 'C I a- M' r �' . .j s ' c°1 - o. C� �I > c, ° a G O 9 .0 a"Sil Q `' o z • / 1, I Ii z o E .,I' - ▪' _" y - 1 • ' ! > 3 S ▪>id I 3 1 II s _ \'-iji. 4 nl :, • F - al ' B 1201 TIM 02147277 07/07/68 16110 86.00 . 1/002 AR2]YtZ)7 P 1696 )1B= ANN PEOERSTETN CLIME 6 RECOADEE NRLD CO, CO whwe.ddrewM THOMAS MAYO HOLTON 12032 Colorado Highway 52 Bald Count1, baqlon, Colors s arl Col ,fortheeonelderntien of Ten and no/100 Dollan,inhmadpaid, hereby aeW)and quit eiainge)to ALICE RAE HOLTON whose addreula 12032 Colorado Highway 52, Fort Lupton, Colorado 80621 said Countyof Weld .and8tateof Colorado ,thefoNowingreal property.lothe said Countyof Weld ,endStateofCoiorade,towk: The Na of the SW} the W} of the S8} of the SW}, and the W# of the SV} of Section 6: and the W} of the NW} of Section 7; all in Township 1 North, Range 66 Vest of the 6th P.N., Wald County, Colorado) EXCEPT that portion thereof conveyed to Walter Craig. containing 20.40 acre., mere or leas, b. Warranty Dead recorded in Book 6, Page 51, Weld County Records; and EXCEi'T the north thirty feet of the W; of the SW% of maid Section 6 es conveyed to the County of Weld by Quit Clain Deed recorded in Book 114, Page 157, Weld County Records; and EXCEPT that portion of the SV} of Said Section 6 conveyed to the State Highway Cosai.aion of Col by Right—of—Vey Deed recorded in Book 1403, Page 414. Weld County Records, and EXCEPT that portion of the N} of the SV} of said Section 6 conveyed to the Department of Highways, Stets of Colorado by Spacial Warranty Deed re— corded in Book 1471, Page 185, Veld County Records. (SEE ATTACHED) • alsoknown as street end number with sells appurtenances thereon in it. praceat condition '� Signed this a6 deyaf Q'C'"—"' .I9 �er _[ =a '" ..J.wunep ,-or, St1 w... t Loge 52 r_, \ =j._ .1/4` t?-c.... \„ STATE OP COLORADO, 8062-1/4 County of E. ,.,aL The foregoing r ument was aeknewled before me this a4 ' day of t�-`- .19 Erg%by T ....au_ 1Ndea -e '.Y�iu, %di' C.s.r..' :z�:�L1yama�m..;yerpires '/as/9:c t rash eistrnd official seal*APO BO I 421 al—Lila r.f.. Qom: ram. .. fr I s � enoww SeeSla mu m mq we m ANC0M FOR MI'wr.,m,00ems; eeoayme onset aae.....v.r.9Y1 w mere aem,mm m,m.run Magill gntn. 1. a.. -...axr.r,w,n.,ww for.....sm.M.,.rws.en=r+_ _ J. B 1201 EEC 02147277 07/07/88 16,10 $6.00 2/002 P 1697 NARY ANN PR@RBfEXN CLERK R RECORDER MELD CO. CO Pal a Nana 6 d 7.Taal,1 Ina.Zama a Oast a te as tat., law asp.Gisaa..an palalal7 i.sS1ka r LMwma laalat.1's 5. worm parr or is 178 4.844 seethe 7. t h W.Yyt 66 en a W fa P.R.MM top.Colmar*teams N IPOIrle V ay W Mn Liao of and 061 M s asses a Mt.tf fan'as W laeaast samara te It,Si MD Of sad Intes 71 In as■S'11'61'•.61aaa a tag.art to as aanYre an a W W w se e!all senela 71 ntrt■0'54'01 I alms W Oar lea a te a1/41114 Si al set gnaw 7s aataa.at 610.11 lac I.W,mama as a W OPa M 5 e!4261 fates is tea■ O']s'fr 0 alai W Oat Ile.f Is.IS dt Ilk of.aa less 6.plat. a 110.41 an to as Mmlr sat aster a is.St aM ett of tap lanes 61 aer■.rn'fr S along as inn lei a W Yids*of iaa Latta,* tams.i 7771.17 tat to as art rat it my a..a at.latent S. 421 apps s M'll'sr$an W Vat We a is..a OA.mama e. M. lama of 1411.42 an o s ass of sews tsar.*lams a as to am flat Wag.naive a 1610.11 tat.a a.anewa 351.61 lot is tY fa g ies a te Dia lab a aid salss 7t alma I S'11'lr 0 alms te lama tat of Is.M M of..it lath 7.Paw a MUM tat to W Pat of Di aneal,rases Sl it am.M one Ian. "'^us.aoa.wan nets W*mar Mlai.a..all pupa. dna nee. W Sea taallym,.al natal,.,n ae.s elate W' r traalre , al all awes,tae r W Hato.as all mats Hato ad 'rare.pavane, as far as faaraa. W all als.wre.W awes slam.'tunas. apnoea to of s*e .p Dangly to or 1.M a sold lap a eta me Mo,aria or.strata or ala may baWta o smarm in rann.art ant ela, setae., appal tram)lea,vYbr.tansy,*a safer fa Ye tare!01 it..rates tsretW taster aali, to at by pal a'Spatial et avian paellas Wnaa leas.al vile,pee.alai..palm.,.11.8 la.maitre sprinkler MUM.Mono ape ad apes sea tarafo,MIMS/ .r I atala as sal tram,sr ea aeiatts a eat anon or IS.ifeatta • or,rata.*W.r(,ea Ione,.aaasaf7 lraPnta als alastW a R.4sr ell M. 471St W ISWt tall S. 1-S1l1.7*rips/to MJaWes. 151.4 sanMn W. M73. Mat.,Gat Mesas 1.6142 oast).Glee. Recordedat— 11111111111111111111111111111111111N11111111111111111 11111111111111HI I111111111111111 — Reception-Nee— 2187416.1282116!6-63:41? Weld Count* CO- r. of i R 6.00 6 6.60 JA Ss*i Teukeeete LALOc QUIT CLAIM DEED THIS DEED,Made this 2nd dry of December .19 98 between Alice R. Holton AKA Alice Rae Holton of the *County of Weld and State of • Colorado,grantar(s),and Thomas M. Holton and Alice R. Holton whose legal address is 12032 Highway 52, Fort Lupton, k CO 80621 III of the County of Weld and Stare of Colorado,grantee(s). WITNESSECH,That the gantor(s),for and in consideration of to sum of Ten and no/100 ($10.00) and other valuable consideration DOLLARS I the receipt and sufficiency of which is hereby acknowledged,has remised.released,sold.conveyed and QUIT CLAIMED,and by these presents does remise,release,sell,convey and QUIT CLAIM unto the granite(s), their heirs,successors and assigns, former, all the right. title, interest, claim and demand which the grantor(s) has in and to the teal property, together with ' improvements,if any.situate.lying and being in the County of Weld and State of I Colorado,described as follows: • • i All of the Northwest Quarter of the Southwest Quarter o£ Section 6, Township 1 North, Range 66 West of the 6th P.H., County of Weld, I' State of Colorado. Said property contains 40 acres, more or less, and is subject to any existing easements and/or rights of way of record. I • • I also known by sect and nunnber as: 12032 Highway 52, Fort Lupton, CO 80621 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges tereunto belonging or in anywise thereunto appenaining,and all the emwe,right.title.interest and claim whazaoeser,of the grantor(s),either in laworequity,to the only proper use.benefit and behoof of the granteets), her heirs end assigns forever. I IN WITNESS WHEREOF,The grantors)has executed this deed on the date set forth above. ! STATE OF COLORADO. • i• ss. County of Lorimer II The foregoing inwmnent was acknowledged before me this 2nd day of December •I ,1998, •', by Alice R. Holton ARA Alice Rae Holton I• Mycanmissioneupues October 12, 2000. 1./10/ .Witness rsy and and official am& . • \p�E,JOINSON /N�hcv p'? I� STATE OF COLORADO 745' N. Lincoln u Loveland, CO 80537 nr in Denver.insert"City and." j'.. No.533.Ile.}LL 9tMr CAM Den) anew WthWm.5111es SA Ma..Lammed.CO son,—(X0)n169oa 1217 {li ' ,_ _ d u— ��������111�������������������������������������������� _ S�� „,No._ � uiieiswe iz:� wte c.�tv co r. _ i .r t R �.ee o e.0e m s�xi r.�r�,.vi. .— QUIT CLAA1 DEED I . 17tLS DEF.D,Made this lOth dry M December ,19 9g , i ea�.eeo � Alice R. Holton AKA Alice Rae Holton ; �� ofik •Comttyof Aeld ud5Weot � I� ColanEo.�antrn(s1 ad 1� Thomas M. Holton and Alice R. Hol[on, doiat �� TenanCs aith right of survivalship �'. ��• I I� whox kgW WNess is 12032 Highway 52, Port Lupion, � CO 80621 � ot-the Counryof Weld anASia�eofColaado,gavox{sx WITNESSETH.Thn Ne greolor(a),br end in ronsidentim of ihe sum of Ten and no/100 ', (S10.00) and other valua6le consideration pp`y,,gs I� � the Rceip and sufficiezy of wltich ie M.rtly cknowledged,h6 amiced,mkased,wid,wme�eA W QUR CI,AIMEp,ud by ; �� these prtseMt-dm8 rtmiu,rtkax.ull:mn�ey udQUl'f�fLAIM unla 1he-gronxefs): iheiT htvs.bmxe.uas W atdgm�, '� bmer. all �he riglu, tiUe, intaest, claim vd demand which �M1e granta(s) hae in and m �he rtal p�openY, ro`ether wilh �� impwemems,if any,sima¢,lying and Eeing in Ne Caumy of Sleld and Sme of ���. i ca�.ao,a�Kd4a..rmro.s: The NE1/4 of the SW1/4, ihe N1/2 of che SE1/4 of Che SW1/4, and [he I W1/2 of che SSJ1/4 of Section 6 in Tovnahip 1 Norih, Range 66 Y7est of the 6th P.M., Neld Coun[y, Colorado; � 'i EXCEPT [hat portion thereof conveyed to Aal@r Craig, con[aining II �� 20.40 acres, more or lese, by parranty Deed recorded in Book 6, Page , 51, Beld County Recorde; and 'i'�. ,. EXCEPT the North thirty feet of the W1/2 of the SfTl/4 of eaid Sec[ion 6 as conveyed to the CounCy of Weld by Quit Claim Deed recorded in �� Book 114, Page IS), Weld County Recotda; and II � ERCEPT that poction of ihe SW1/4 of said Section 6 conveyed to the II State HighWay Co�iasion of Colorado by RighCrof—Way Deed zecorded '� � in Sook 1403. Page 414, Neld County Records; and � ERCEPT ehat portion of ihe N1/2 of Lhe SW1/4 of said Section 6 conveyed to ihe Department of Nighvays, State of Colocado by Special • Warranty Deed recorded in Book 1471, Page 185. Aeld County Records. i 1�, I �� �s^�^m'^bY'�����+�� 12032 Highway 52, Foxt Lupton, CO 80621 I1D NAV E AND 7"0 HOLD th wrc.mgeNer wiN W aod singulu the�pp�uhoane�anp pivileges ihce�uva 6Hoopo6 or in .. u�ywi¢NaeuMo appenuoing.mE all the e�tam.right.liJt.intcrzn m0 claim vMtwe�er,of the yenmr(s�rither m iaw or equiry,w . �ne oNy pmper use,bercfit cod behoof M iAe gnntee(s� her hein and avigne(omer. � IN WRNFSS WFfEREOF.?M gamw(e)ha execubd Nis deeA m tl�e dam x[(orlh epme, � 4�� . k' (-�;tl�n ar�rt ��a.. -�'�� �i:feh ;I iI �I- SG7E OF COIARADO. , 1 N. � Countyof Lflrime[ f �, ThefaegoinghuuummwaclmwvkdgMbefinemeNis 10[h dryo! December ,19qg, �' j by Alice R. Hol[on AKA Alice Rae Holcon II I: Mycommissionapi�cs October 12, 2000. ,/If/ .lY�meomy�aeduffi���Irai, i I PoCtiARD E�80N � /��'� �`�t I� -- ' sr�rE oF co�osancw , /[! �-- w� . —.-� .-. � -. - 745�N. Lincoln qve uy �� ' Loveland, CO 80537 •�r m n��.�n•rny w.. �' -- _ -- ------- -- -- --- - -" fi.fJJ.lYc1R. Wnc�wdc� rrwan,�.ms.��nwxe.u...�+..m.mpxu—�w»zn.wm__— __ zn fi.': (19 SPECIAL W D THIS DEED, made this VI day of , 2003 betwee homes M. Holton and Alice Rae Holton,of the City of Fort Lupton,County of Wel d State of Colorado,Grantors,and Holton Family, LLC whose legal address is 12032 Highway 52,Fort Lupton,Colorado, 80621 of the County of Weld,and State of Colorado,Grantee. WITNESSETH,that the Grantors,for and in consideration of the sum of Ten Dollars($10.00),the receipt and sufficiency of which is hereby acknowledged,have granted bargained,sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the Grantee, the Grantee's heirs and assigns forever, all the real property, together with improvements if any, situate, lying and being in the County of Weld and State of Colorado,described as follows: See attached Exhibit A. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the Grantors,either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the Grantee,and its heirs and assigns forever. The Grantors,for themselves,and their heirs,and personal representatives or successors do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,and its heirs and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantors. IN WITNESS WHEREOF,the Grantors executed this deed on the date set forth above. \,......... 1skc '1'h' as M.Holton • , 4..4_ M ton . F\ STATE OF COLORADO ) ' ss. COUNTY OF W eA ) 'cliff• , CAP`"' The foregoing instrument was acimowledge bq at • 2003 by Thomas M.Holton and Alice Rae Holton,Grantors. My Commission Expires:3^,3 0 -Q$ Witness my hand and official seal. 0&/)flCil-9497Y Notary Public 1111111111111111111111111III IIIl 1111111 III 11111 IIII III 3073479 06/16/2003 0I:46P Weld County, CD 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk 6 Recorder EXHIBIT A Part of Sections 6 and 7,Township 1 North,Range 66 West of the 6'"P.M.,Weld County,Colorado, more particularly described as follows: Beginning at the Southwest corner of the NE 1/4 NW 1/4 of Section 7, Townshipl North, Range 66 West of the 6'"P.M., Weld County, Colorado; thence N 0 degrees 04' 06" W along the West line of said NE1/4 NWl/4 a distance of 660.46 feet to the Southeast corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence S 89 degrees 33'44" W a distance of 738.40 feet to the Southwest corner of the NE1/4 NW1/4 NWI/4 of said Section 7; thence N 0 degrees 14'07" W along the West line of the NE 1/4 NW 1/4 NW 1/4 of said Section 7 a distance of 660.51 feet to the Northwest corner of the NEl/4 NW1/4 NW1/4 of said Section 7; thence N 0 degrees 33'43" W along the West line of the SE1/4 SW 1/4 SWI/4 I/4 of said Section 6 a distance of 660.60 feet to the Northwest comer of the SEI/4 SW!/4 SW 1/4 of said Section 6;thence N 89 degrees 33'49" E along the North line of the S1/2 SI/2 S1/2 of said Section 6 a distance of 2223.12 feet to the West right of way line of U.S. Highway No. 85;thence S 06 degrees 13'31"E along the West right of way line of U.S. Highway No. 85 a distance of 1691.42 feet to a point of curve;thence along an arc to the right having a radius of 5640.35 feet,an arc distance of299.43 feet to the South line of the NW1/4 NE1/4 of said Section 7; thence S 89 degrees 33'28" W along the South line of the Nl/2 Nl/2 of said Section 7 a distance of 1682.72 feet to the point of beginning, containing 94.51 acres,more or less. Also all water, water rights and water privileges, all ditches,ditch rights, and ditch privileges, all reservoirs, reservoir rights,and reservoir privileges and all pumping plants, and all easements and rights of way for the foregoing,and all enlargements and extensions thereof,attached,appurtenant to or in any way belonging to or used on said land or which are held, owned or controlled or which may hereafter be acquired by Grantors and their heirs,devisees,personal representatives,grantees, successors or assigns for use thereof or in connection therewith; together with, but not by way of limitation of anything otherwise described herein,all wells,pumps,pumping equipment,pumping stations,sprinkler systems,motors,pipe and casing now or thereafter constructed or installed on said property for the production of water thereon or in the irrigation or drainage thereof, and further specifically irrigation wells identified as Fiedler Well No. 1-20098 and Fiedler Well No. 8-5923-F according to Adjudication filed December 10, 1975, in Water Court Division 1, Weld County, Colorado. Reserving unto Grantors all of the Northwest Quarter of the Southwest Quarter of Section 6, Township 1 North,Range 66 West of the 6'"P.M.,County of Weld,State of Colorado and reserving unto the Grantors all oil and gas rights. 111111111111 HMI 11111111111111111111���11111IIII ���� 3073479 08118/2003 04:46P Well County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder 1 111111111111111 111111 1111 1111111 1111 I I 111/1111111 Oj 1 of ! R 11.00 0.00 Stove Moreno Mork 8 Ruopder / Recorded the day of , at o'clock e. Reception R Recorder by —� QUIT CLAIM DEED THIS DEED, Made this day of Bahr (tit c '0O'f , between 1' II l 1 /T -E{_ 11 i'10 0N Rbtl'I\ (.LC and 'r,OTMxi5 m. 4ol tr\ 5. o Oie� R. ItI+0,, J Grantor, for the consideration of 'ae TEN DOLLARS AND OTHER GOOD MD VALUABLE CONSIDERATION was in hand paid, hereby sells end quitclaim to -hoYyta5 \M. \Awn and p1,ee_ R \+m. Grantee, not in tenancy in common, but in joint tenancy, whose street address is a IZ93i 14u3t/s 5a R City of ed InstR , County of wet rA State of Co , the following real property in the , County of t.UplA and State of Colorado, to wit: I k Se EON) 6,k A I i e Loon,Co So&. i p also known as street and number IZ.03'?, Hug ea I � 1 TOGETHER with all its appurtenances. EuJ The singular number shall include the plural, the plural the singular, and the use of any gender shall c be applicable to all genders. Signed as of the day and year first above written. i y.-�� 01;L i y Eta,iRIN'r Iv State of CO�Gt`4 1 as. County of l►)v td ) 1 5 The foregoing instnnent was acknowledged before me this day of V—17-D 1 iiii by VPBl,t4, g, fiOTARt1 , fW q en s hand and critic i seal./ 1 �� ,t,tom Hy c op ,5s aad•O\ "v�^ ,l�w� . ",- Notary Muhl isc �t C— f sty Commission Ecpirn March 72?DO' 4 ' t When recorded return to: E ,—u O } 1 M.Vf '1.—2... , tr,4r - ...S...,“.? t-p.— q- t, k, L\ Form No. QCOJT (Quit Claim Deed Joint tenants - 2/97) • 1111111 11111 11111111111 IIII 1111111 11111 111 OH Hill 3190037 06/17/2004 11:54A Weld County, CO 2 of 2 R 11.00 t1 0.00 Steve Moreno Clerk 8 Recorder EXHIBIT A Part of Sections 6 and 7,Township 1 North,Range 66 West of the 6ih P.M.,Weld County,Colorado, more particularly described as follows: Beginning at the Southwest corner of the NE1/4 NW 1/4 of Section 7, Township/ North, Range 66 West of the 6th P.M., Weld County, Colorado; thence N 0 degrees 04' 06" V✓ along the West line of said NE1/4 NW 1/4 a distance of 660.46 feet to the Southeast corner of the NE1/4 NW 1/4 NW I/4 of said Section 7; thence S 89 degrees 33'44" W a distance of 738.40 feet to the Southwest corner of the NEl/4 NW1/4 NW1/4 of said Section 7; thence N 0 degrees 14'07" W along the West line of the NE1/4 NW 1/4 NW 1/4 of said Section 7 a distance of 660.51 feet to the Northwest corner of the NE1/4 NW 1/4 NW 1/4 of said Section 7; thence N 0 degrees 33' 43" W along the West line of the SE I/4 S W 1/4 SW 1/4 of said Section 6 a distance of 660.60 feet to the Northwest corner of the SE 1/4/4 S W 1/4 S W I/4 of said Section 6;thence N 89 degrees 33'49" E along the North line of the S1/2 S I/2 S1/2 of said Section 6 a distance of 2223.12 feet to the West right of way line of U.S. Highway No. 85; thence S 06 degrees 13' 31" E along the West right of way line of U.S. Highway No. 85 a distance of 1691.42 feet to a point of curve; thence along an arc to the right having a radius of 5640.35 feet, an arc distance of 299.43 feet to the South line of the NW 1/4/4 NE 1/4 of said Section 7; thence S 89 degrees 33'28" W along the South line of the N1/2 Nl/2 of said Section 7 a distance of 1682.72 feet to the point of beginning, containing 94.51 acres, more or less. Also all water, water rights and water privileges, all ditches, ditch rights, and ditch privileges, all reservoirs, reservoir rights, and reservoir privileges and all pumping plants, and all easements and rights of way for the foregoing, and all enlargements and extensions thereof, attached, appurtenant to or in any way belonging to or used on said land or which are held,owned or controlled or which may hereafter be acquired by Grantors and their heirs,devisees, personal representatives,grantees, successors or assigns for use thereof or in connection therewith; together with, but not by way of limitation of anything otherwise described herein,all wells, pumps, pumping equipment, pumping stations,sprinkler systems,motors,pipe and casing now or thereafter constructed or installed on said property for the production of water thereon or in the irrigation or drainage thereof, and further specifically irrigation wells identified as Fiedler Well No. 1-20098 and Fiedler Well No. 8-5923-F according to Adjudication filed December 10, 1975, in Water Court Division 1, Weld County, Colorado. Reserving unto Grantors all of the Northwest Quarter of the Southwest Quarter of Section 6, Township 1 North,Range 66 West of the 6i°P.M.,County of Weld,State ofColorado and reserving unto the Grantors all oil and gas rights. 111111111111111111111111 IIII III! 1111111 III IIIII IIII Iltl 3073479 06/16/2003 64:46P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk d Recorder 967 IIIIIII VIII IIIIl lllll ll111111111111111III11111111llll 3278967 04/19/2006 03:01P Weld County,CO 1 o1 2 R 11.00 0 0.00 Revs Moreno Clerk&Recorder ,... Filed for record the day of ,A.D. ,at o'clock M. RECORDER. Reception No. By DEPUTY. SPECIAL WARRANTY DEED THIS DEED,Made on this day of ,between Thomas M.Helton sad Alice R.Hobos, of the County of Weld and State of CO, Grantor(s),and Holton Famlly,LLC whose legal address is:12032 Hwy 52,Fort Lupton,CO 80621 of the County of Weld and State of CO,of the Grantee(s): WITNESS,That the Grantor,for and in consideration of the sum of(610.00) TEN DOLLARS the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the Grantee(s),their heirs and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: See Attached Exhibit A Also know as street number 12032 Hwy 52,Fort Lupton,CO 80621 TOGETHER with all and singular and hereditaments and appurtenances thereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits there of:and all the estate, right title interest,claim and demand whatsoever of the Grantor(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances,unto the Grantee(s),their heirs,successors and assigns forever.The Grantor,for itself its successors and assigns,does covenant,and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee(s),their heirs,successors and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the Crewcuts). RESERVING UNTO THE GRANTORS ALL OIL AND GAS RIGHTS. IN WITNESS WHEREOF the Gantor(s)have executed this deed on the date set forth above. em 1,Holtoc • i'143\ktin Alice R.Holies STATE OF CO / ., ) W County of 2\a L y 4..e�,�w The foregoing instrument was acknowledged before me By Thomas M.Holton aid Alice IL Holton My commission expires 3 30- G 4 Witness my hand and official seaL a/NHL DfC,L Notary Public Name and Address of Person Creating Newly Created Legal Description(38-35-106.5,C.R.S.) When Recorded Return to: Thomas M.Halton 12032 Hwy 52 Fort Lupine,CO 80621 Form 3953 09/2004 Spec.wd.blank.dot I111111111111111111ii I1111IIIIII11111111111111IU Ilil 3278967 04a 03:01P Weld County,CO 2 of 2 R 11.00 0 0.00 Slew Memo Clerk&Recorder EXHIBIT A Part of Sections 6 and 7,Township I North,Range 66 West of the 6'"P.M.,Weld County,Colorado, more particularly described as follows:Beginning at the Southwest corner of the NE 1/4 NW 1/4 of • Section 7,Townshipl North,Range 66 West of the 6e P.M.,Weld County,Colorado;thence N 0 degrees 04' 06" W along the West line of said NEI/4 NW1/4 a distance of 660.46 feet to the Southeast corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7;thence S 89 degrees 33'44"W a distance of 738.40 feet to the Southwest corner of the NE1/4 NWl/4 NW 1/4 of said Section 7; thence N 0 degrees 14'07"W along the West line of the NE I/4 NW 1/4 NW 1/4 of said Section 7 a distance of 660.51 feet to the Northwest corner of the NE1/4 NW 1/4 NW 1/4 of said Section 7; thence N 0 degrees 33'43" W along the West line of the SEI/4 SW1/4 SWI/4 of said Section 6 a distance of 660.60 feet to the Northwest comer of the SE1/4 SWI/4 SWI/4 of said Section 6;thence N 89 degrees 33'49"E along the North line of the 51/2 S1/2 S1/2 of said Section 6 a distance of 2223.12 feet to the West right of way line of U.S.Highway No. 85;thence S 06 degrees 13'31"E along the West right of way line of U.S.Highway No. 85 a distance of 1691.42 feet to a point of curve;thence along an arc to the right having a radius of 5640.35 feet,an arc distance of 299.43 feet to the South line of the NW 1/4 NEl/4 of said Section 7;thence S 89 degrees 33'28"W along the South line of the NI/2 N12 of said Section 7 a distance of 1682.72 feet to the point of beginning, containing 94.51 acres,more or less. Also all water,water rights and water privileges,all ditches,ditch rights,and ditch privileges,all reservoirs,reservoir rights,and reservoir privileges and all pumping plants,and all easements and rights of way for the foregoing,and all enlargements and extensions thereof,attached,appurtenant to or in any way belonging to or used on said land or which are held,owned or controlled or which may hereafter be acquired by Grantors and their heirs,devisees,personal representatives,grantees, successors or assigns for use thereof or in connection therewith;together with,but not by way of limitation of anything otherwise described herein,all wells,pumps,pumping equipment,pumping __. stations,sprinkler systems,motors,pipe and casing now or thereafter constructed or installed on said property for the production of water thereon or in the irrigation or drainage thereof,and further specifically irrigation wells identified as Fiedler Well No. 1-20098 and Fiedler Well No.8-5923-F according to Adjudication filed December 10, 1975, in Water Court Division 1, Weld County, Colorado. 00/12/2006 10:ST PAX 0702023062 LAND TITLE FTC J002 ---feted for roan the_eel of ,Aa. , at {Clack ii. eaarp Iee_O(Im W. er NMI. SPECIAL WARRANTY DI® 7AR)1®. Milt on this dew of AWIIDa.J ,2005 , nen Mall M. Whin Ca Alto. IL Bolton of the Canty of_ Weld and State of Colorado wantons), and Holton lastly, 1W ohne taal aesaaa to : 12032 anal. Fort nonuse OD 60621 of the_ Cony and hate of t.D,TOtEm , of the erenso(a): WITNESS, In the Senor, for and in consideration of the as of( 410.00 ) Ten Dnllal7 awl other OOO 1 aril vaialblo Oo aIdaratlal Wills the receipt d adflelency of dindini. hanky scbrel.AN, ha paned, Mryelned, sold and toroysd, red by b a N end proew�t�a don y,ttant. bargain alt, surrey and olefin tore the bwtels), their heirs rd sip. forever, ell W P reel e0i1G nether with lapwemwea, it sry, nuns, lying N end fn the Canes of Q aM stag et co ed Wa lors, crihod w Mien' a The RE0/4 of the S01/4, the S1/2 of the 6R1/4 of the 601/4, tb N1/2 of the 911/4 of a06G the 911/4, the SA1/4 of the 911/4 of the S1/4 of S.rticn 6, lbwdiip 1 Math, Range ma aY 66 West of the 6th Pa., deal& Dainty, coloredo. __a•r SOMPT na m8M tine portions conveyed in Dada redo riled in BOOR 1403 at Page 414, — =s ca end in BOCk 1471 a t Page 185, 161& Comity AetTOr6s. a O Moe Maras w street roar o 9 y ivarz� with al I d tinnier m O rared hAs nrowte red tit.. I..... ndrawra erreiry, r in aTh.o eme.rrihtA tit Se reversion and rennin, ealnbr oed s fe ntor, rata, Haw a, exit , of. in and tol the one. right �' ) title Interest, heir S1 Word aid w.rt of W banar(aI, seed_ in let or equity, of, In rd to now brpi,rd �0. CI proviso's E the haredltasse sai p tins.. ) ad m TO WE IIa YO.as the said tter. The e St MreslnM red 1. lea d with re ejid oa,eaa, Into the 0,asee(t 1. ale at their bola, t twaere end onions forcer. The&renter. far half, its eaasare and reline, does c ern, N end_rw that it nil sM sill WNW AN fMire, CAoa the akwrtrrwtned premises in the quiet and �0 0 pemlerp paaelw of p erinten ), their Min, rows t tile arwW(a), SUBJECT TO P•t teleIF ly;AND I ;AND NAldTMl,Mt.RVATIONS.REr211L7IOT OWVb1AN S AND --...=atm m 0 RIC96 OP WAY OP RECORD.Br ANY;AND DISTRIBUTION UTILITY HANTS AND NATTERS NOT SHOWN BY TEE Clad.PUBLIC RECORDS BUT OP WEICL GRANTEE BIAS ACTUALENOWIA4)OIL ANDBICION N OP TUB ARTY WA_ITY Rtrium ANY SYCCW. nNa TAXING DISTRICT;AND IRE iOr ant AND 6URDEN0 OP ANY OBCLARAT10N AND PARTY WALL AORBEYBNI7,IP ANY. =gO a Q cosi IN wnl®O'HMO! the sr.ntarts) have anted this deed an the dna set forth end. �p� • Wet O GpµMA•., I�' , ```_ t9i.- 40TARM• � Weal_. NO 1l • • • qugUF/ a000 test COI. SUM Of mhaab I 4.dny.f !Ai CI d )_.I The forwielme 1 n�nt r teryed babe se en this des of ADglmt , 2005 by Mayas it HOltal a Alive R. Rohm gailinrctatfec t. gay aedeeiw upset_ oo act o wtwee es AN W M3. sp1. hart a5 Address of eend,Cresting wady Crusted net eaaer,ptlan C B•S•tOL5, t.a.S.) fooread Wan eeear ed inn to: title ton M. II Inv I-%. !ECMAI.WSW?Der (PMtgrsphle AEC.et) I / 08/23/2005 11:37 FAX 8702823/12 LAND 1171E FTC join 1j r Flied fee need the M of ,Al. , et .'Clerk_*. Worn. hero r. By DIRITT. SPECIAL 1! ® iWARRANTY RRANTY D 1 > . .to aury ClN d Po. t 2005 between All.= Rae 831t on • of the Canty of Had we Rene of C°hTTddD aesntr(st, std Holton Family, LTC Same lei .eggs t. 1 12032 Maw 52, Port Imam. Q2&0621 o of the Carty of 1881[1 .d hate of l dell—"ot , N the Grantee(s): E venom That the inner, for ti hi enid.retie of the er of t $10.00 1 E. to Do Dollars and other (goal and valuable conelfeeatinn deld1104 smolt ea the receipt aC n ffiaircy of dud Is hereby acknowledged. he R, . end, ereM 1 , acid end cen n aesed, e by der a presets tine rent, berpin, ell, awry end sines wee the Grrree(p, their heirs end reigns forever, ell the r Y reel prmee..eeether air i.prwreenae, it sty, situate, lying rd bled In the County of t�J O N ��eRe•1�a� .d State of Catrad., detrIbad a follow: =V 0 0 Ton/2 of the 16th/{ of Section 7, Tonehio 1 HsHy Mange 66 West of the 6th P.M., sv = 1}1 Held Cbetty, Colorado —o M TD l» th C 7e ttl/4 of the tall/4 of the lea/e Cif _ $d also boil as street meet (p"' EI S ttott,y Sim 11361151102 with all And ennSWe asei handrtaene ad eppsteree w thevr rte bdanglng rewn, r In al appertaining MI=C C.0 era the esrerelrt and m rnlang, reminder.d ree.ildtre, rocs, lass at refits tbr.r; or all the errs- right 0 ends Interest.the and sSidtn. ldlnileyer of one aranr(q, either in lee Cr roar, of, in as to ache deu.bargained . promise. Nth the heed tang sad appurtenances: t[pa TOMMIE ANDTOIHII.D one said prateg above brained rd f, it. sd with nppugerrntaa, data the Granters), O 0 their big, .robbers rd.ripe forever. The grantor, far itself, ire.iMdIMICCOMOrt psi mfpn, does covenant, �N acrd arse that it Null had mill WSW AAS eSEr., UFea the ebeeacrgaired premise in the quiet and S 1-O claming =psseeete of the Gnnt.na), their big, erccmos rd maitre, gpieet all and every rarer or persons NS=I= claming the dole r Any part thewf. W, thrwpt r under one arerceRVA Care SORIHIT TO CAI.TAl<P 1�196 YEAH -ANDHA iLrr n HYHRVA7SDNt.HHGTRICNOT COVENANTS A14O ..- —. mown OP NAY OPItCOaD,P ANY;AND DISTRIBUTION UTIU TY HARHAaNTSN AND MATTERS NOT SHOWN HY THE SPECIAL G RECORDS BUT OP WHICH GRANDE€W M ACTUAL KNOWLEDGE:*11E:AND INCLUSION OP TUE PROPERTY'WITHIN ANY SPECIAL —CO r TAXWO=MCI;AND TEE=NEWTS At BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS,IP ANY. =Letv.� (7 t— IN ern e=wenn " the isntr(e)have teed en the Ste et forth stew. „DAM 40 p_1 re10TAR the1 ,��'.�_4 a1� oq UVg\ • STATE OF Colorado I Comity Ole ld 1"of Ole The prepwry n_r teed i sckAcMLade.d before ac an thie��,,i�i1Sy N Most , 2005 NY aeR m' teat ,t..3 .30-0�y / /j 'r Mitring ea had.d tNbel thee(. ll\ / /v',/.e J l n Met lire sod Arad. of Preen Greeting rely[rest.(Legal Description I Se-SS-ei.S, C.R.S.) Gerd liken Recorded=turn ace This Fro Ile. I6 Rev A-K. SPECIAL IIIICARTP OECD i*at.r.phit WrC.ta1) 06/23/2005 18:57 PSI 070262]652 LAND TITLE FTC £004 16 • .— Flied for rtatrd ds .y st A.S. et eiciat_ N. ram.Yplen eee us. M Oren. SPECIAL WARRANTY DEED TRW D®, Iri en this day.4 August c .2005 , Stem Stifle M. Holton and Alice R. Roltm of the Canty as Weld ma Ytate of CO1..0063 iratrls), rM Holton Faddy, LW the.,tent ars is . 12032 221t�urg$a, Port bytes, CO 80621 of the Coma of I!)n and state et CW a CIT100 , of foe .ner(.): C) N r WlTIOS, else the renter, far as in anelrrnlan of the as of ( 610.00 ) Sahaa 1l10 Dollar, ad Other 9004 and valuable OfaYidecatiLal Me a- EC the receipt a sufficient of Midi is hereby stioarW, hoe On. aria, end a a awned, end M then presents bee fa t, bona, .ell, sonny ft coda, .lt,..e the drntee(Y), air Mfrs and sal forever ell qe G1 ae aitaata, l arras al preerSY tram with lmod l to of it Bra dins red ha : in the rosr.Y of —Zs'— talGilCC mod fub of Colorado, described r tellae: ap O- = The 1111/4 of the 961/4 of Section 6, in 14a nahip 1 North, Mop 66 Neat of the 6th _ 'o c P.M., Wald Canty, Colnlado. —ca = SWAIM 'D5l a and in Ronk 1471ICI tthose pod:Lam 185, Wild COr�� in Deeds retarded in Boat 114 at Page 157, ae o Casty Records. a 3 f ales ban r strut rater -d CI TOOIMI sit. .l1 awl*insular red hereditament' end eq.rtrrarree therefore Mlry n{el..in6, er in o .Pp.rtdnfn N aed the rwvre/n end rarrelea, rainieraranters, ones, Ia...ad Otero thereof; and all the estate, right N title Intent, Clete end as Maaraer.. re ranter(e), either Is la aP arty, of, in and to the sheet rained OEM 0 0 premises, Ida the hredltaa.s as ayrh,a,ea.; TO nu AND=MOLD S.said area anMarina d dno.ilar nth appurtenances, ,nn re era,na(.), in o air helve, ratear;end airs Sr...,, NI.e Grntt, far fatit.eaeea s... e rnnl d aria, der to . . C nd spree at It all ad AD mar YO Pare Off CO the ebn.•Mra nlir.d e ar In the'Win and en paces 4. prsrnlan of the Crn[r(a1, their YNrs. . r dst *Wenet .er.. air., art ell aed evert Person ePennon,r p . =N` clear the alerrrypert thereof, by, thrall or ruse. the immerge). rO o PURIM?TO MRS ID A e*saanOE,R�YATONS.RESTRICTIONR COV ENANTS AND 'NO GRIMMalt'F RIGHTS OP WAY OP RECORD,IF ANY;AND DICTW N/n aeetO UIYnTHASINri AND MATITh NOT SHOWN BY THE PUBLIC 0 RECORDS DDT OP VIM=GRANTEE HAS ACTUAL XNOWLINCa;AND INCLUSION OP THE PROPERTY WITHIN ANY SPECIAL ral. 0 TAXING DISTRICT:AND THE MDOOr S AND BURDENS OP ANY Dg7.ARA110N AND PARTY WALL AGR®(RNTS.IF ANY. a et a- _A MT O -0) _ IN WPM=WHIM, tie tenter(*) have his deed en the dots est forth aban. CO"Mph . ton OF(A1. STOW Or Calosado _n d ) Canty of v)Q+ i.. The terra i,at srnt oe.r lens.a brio on Die sty of Rent , 7005 by Thaw PI, HtaltaL psi A f^• A. HD�h3 ' a eanlrfr rglw3 -30 0? d 1rAs to taw as official stele a'aa a picA army r {e lath al Aarra if ran emery Italy Crated Neal prriatfn( she-3S-Ta.i, CALL) rraard a.,emended Return to, tits• Fors Ye. 16 Fur 4-N. OICIAL Wary 0[® (Morinalc u tC.IR1) Hello