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' 4 � a2^ fi R IN :li 2 Arm. & JYttel @ • .. ♦/tWa r.as•v�o N r AMO•°M r.11.040 M a p � d ; ! 6;700b-.350 44)tri WIC DEPARTMENT SERVICES AMENDED RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Duke energy Field Services AmRE-614 Planner: Kim Ogle c/o Timothy Clancy Legal Description: Lot A& Lot B of RE-614, being part of W2 SE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. Parcel ID #: 0808 28 000062 and 0808 28 000061 Lot A Size (Before): 4.5 +/-acres Lot B Size (Before): 76.7+1_acres Lot A Size (After): 8.271 +/-acres Lot B Size (After): 72.932 +/_acres Water Source: North Weld County Water Sewer System: Septic Yes No Criteria Checklist X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X a Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Amended Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The plat shall be titled: Amended Recorded Exemption No. 0808-28-4 AMRE-614 o�oob- 3510 B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment. The Weld County Department of Public Health and Environment was unable to locate a septic permit for the septic system located at 32500 County Road 41. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. C. Lot A shall use the existing access point as no additional accesses shall be granted. D. Lot B shall use the existing residential / agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. F. County Road 64 is designated on the Weld County Road Classification Plan as a major arterial road, which requires 140 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. County Road 43 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County H. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated April 6, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All structures requiring building permits shall be located within the designated Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility (3rdAMUSR-552) boundary. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 6) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 7) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 8) Potential Purchasers are hereby notified that a confined animal feeding operation (SUP-172) is located directly east of the intersection of the current access point and County Road 43. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 9) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Amended Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 6. The Weld County Department of Planning Staff's approval of this Amended Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date April 17, 2006 Kim Ogle ❖ Planner Tim Clancy Witmer,Oldenburg, Barry&Johnson, LLP 822 Seventh Street,Suite 760 Greeley CO 80631 cat targ Wine NORTH OF PLANNING SERVICES NORTH OFFICE COLORADO 918 10T" Street GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 Application being submitted: t t t s ) -,`� .�\ U r h Submittal fee: IS i r) Cl) Check# � , 5 Cash Name of person submitting: ,j\ �J Contact name(if different from above): Telephone number: `i7O r, _ t(ct E-mail: ic6 The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. The Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code,and as such,shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with your application, the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be set up or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. I understand and agree to the conditions stated herein: /,/ f f � r;;r Signature Signature of staff member receivedfroni' -#3//).-, / Date: 3I/). i i ) WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 Date: (2) 1 )•, 20 rA Q Receipt No. N:> 1 3 3 2 2 Received From: }\y Viz' I II -) k I R i 3 I Permit Type No. Description Fee 4221-Re/SE 1 t‘:f 1\ \ A ) 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 3 i 4 iv' (l OCASH --CHECK NO. H t' j ti4 TOTAL FEE Receipted BY DL# tom' Exp ) 8 6 ) - 2 0 1 ( DEPARTMENT OF PLANNING SERVICES IF PLANNING DIVISION E. CO7TH ENUE 80 31 GREELEY, CO 80631 WELD_ -COUNTY 970-353-6100 EXT 3540 FAX 970-304-6498 kog le(&co.weld.co.us May 5, 2011 Certified Mail No.:7010 1870 0000 4773 6409 Patrick Groom Witwer Oldenburg Barry & Johnson, LLP 822 7th Street, Suite 760 Greeley, CO 80631 Re: Conditions of Approval: Amended Recorded Exemption No. AmRE-614 Dear Mr. Groom: This is a follow up letter from a previous letter sent April 4, 2011 regarding outstanding conditions of approval and items to be completed prior to recording the plat for Amended Recorded Exemption No. AmRE-614. As of the date of this letter the Weld County Department of Planning Services has not received correspondence concerning your intentions specific to this land use application. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat by June 13, 2011 a hearing with the Board of County Commissioners will take place at the Centennial Center, located at 915 10th Street, on the first floor at 9:00 am on June 13, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or formally vacate Amended Recorded Exemption No. AmRE-614. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Kim e Planner III File: AmRE-614 Patrick Groom Witwer Oldenburg Barry & Johnson, LLP 822 7th Street, Suite 760 Greeley, CO 80631 Date Department of Planning Services Attn: Kim Ogle 1555 N. 17th Ave Greeley, CO 80631 RE: Application (AmRE-614) Dear Mr. Ogle, I, Patrick Groom of Witwer Oldenburg Barry &Johnson, LLP, Legal Counsel for DCP Midstream, wish to withdraw our Recorded Exemption. Thanks. Name date U.S. Postal Service, TIFIED MAILTM RECEIPT D- stic Mail Only;No Insurance Coverage Provide EZI T F•r• livery int.rm.ti•n visit•urwe.site.t wwwus•s.c•m�; OFFICIAL r- r- Postage $ Cer5fied Fee O Return Receipt Fee Postmark im (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) N @ co Tote)Postage&Foes $ mg Sent To COQttM CIDw& ¢iiS 0 Street,Apt.No.; (`- or POBox No. eni_ 1,(tv p,V 90 i1'k- it& Ctry,Stero ZIPN out.tet Wle31 SE`;Ut-!; : • Complete Items 1,2,and S.Also complete A. Signature Item 4 if Restricted Delivery is desired. X n CI Agent • Print your name and address on the reverse (/ ❑Addressee so that we can return the card to you. B. Rect by(Prf amt) C. Date of Delivery • Attach this card to the back of the mailpiece, t^ or on the front if space permits. J •q — 1. Article Addressed to: it 1? ❑Yes el below: O No ?A-eadcr (.town,egg MAY 1 2 2 011 w rIVvea-Ol-pbsge0ftto Wan Wet County rramiiig Department ALSO C 4lr.ai, tit' fDrEI EY OCic 3. Service Type �,�•'LA —ma Mall O Express Mall Registered O Return Receipt for Merchandise (/gZlPi t , (rp r:4 1 ❑Insured Mall ❑C.C.D. O Yes 2. Add, ohm PS Form 3811,February 2004 Domestic Return Receipt 102505-02M-1540 June 12, 2006 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1057-36-1 RE-4410 To Whom It May Concern: Two paper copies of Recorded Exemption No. 1057-36-1 RE-4410 are attached for your review as part of that application submitted by William Berig C/O Ken McGee Gathering LLC. Also attached are the existing Colorado Land Survey Monument Records for those"Aliquot Corners"depicted and described on the plat. I hereby state that those monuments exist as shown on the monument records. An electronic file will be sent to maps(d:co,weld co us when the final mylar is produced. Please call me at 720-300-9571 if you have any questions or require additional information. Thanks. �eIY, Paul A. Valdez, PLS President, Left Hand Corner, Inc. ULEFT HAND CORNER, INC. 352 CARIBOU PASS CIRCLE LAND SURVEYING & MAPPING LAFAYETTE,co 80026 PHONE:720-300-9577 FAX: 30 303-666-65966596 a DEPARTMENT OF PLANNING SERVICES f SOUTHWEST 42099 CR CR 24.5 24.5 LONGMONT, CO80504 PHONE: (720) 6552-421-4210, Ex t. 8730 FAX: (720)652-4211 WI C. COLORADO March 30, 2006 Tim Clancy 822 Seventh Street Ste 760 Greeley CO 80631 Subject: AmRE-614 - A Recorded Exemption (attached to 3rd AmUSR-552) located on a parcel of land described as Lot A of RE-614 of the 6th P.M., Weld County, Colorado. Dear :Applicant Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Greeley at(970)350-9780,for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, og (duA_ Kim Ogle Planner 03/27/2006 16:09 9703523165 WOBJ PAGE 01 FAX TRANSMISSION WITWER OLDENBURG BARRY&JOHNSON,LLP 822 7th Street Suite 760 Greeley, CO 80631 970-352-3161 Fax: 970-352-3165 To: Kim Ogle Date: March 27, 2006 Fax#: 720-652-4211 Page: 10, including cover sheet From: Tim Clancy/Zoe Ann Subject: COMMENTS: CONFIDENTIALITY NOTICE This facsimile transmission may contain confidential information which is protected by the attorney-client privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient,you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents, . . ♦ a. ,.rt ..r. . .f. .f. ..•. ..t. . .!.. .f-. r .l - . s. . r. .t . .f t . r ,,., 'r ip 4IJ 1I: 9 i t tl if y ii ' ell pi E a! g . , fiat lit f s : • t � ( t t 41 lir 4 i i■ s •4 • y � . If n 4 :a I ` I F •I f1 R p . Olg I r. • K �\ 4 1 • • / r Ilk ■ r/. i 11 "I* f � 'v, cal Coil II , a .i ' fl r .y. ..y. . .y. ..i. . .a a a a a a i - ' a a i' a y... 80 39Vd C80f9 99tEL9E0L6 60:9L 900L/LL/E0 APPLICATION LICATION FLOW SHEET COLORADO APPLICANT: Tim Clancy CASE # : AMRE-614 REQUEST: Amended Recorded Exemption LEGAL: Lot A & Lot B of RE-614, being part of W2 SE4 Section 28, T6N, R65W LOCATION: North of and adjacent to CR 64 and approximately 1/4 mile west of CR 43. PARCEL ID #: 0808 28 000062 ACRES: 4.24 +/- Date By Application Received 03-28-06 KO Application Completed 03-29-06 KO Referrals listed 03-29-06 KO Design Review Meeting (PUD) File assembled O( Letter to applicant mailed 07.2.7)0.010 ( A_ Vicinity map prepared 03-29-06 KO Referrals mailed 03. 30.00 Chaindexed 0) "'0O'O(O Field check by DPS staff Administrative Review decision:Ca-1 L ltyid 4,n ,n , C f A !' Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed Overlay Districts Zoning AG MUD Yes No IGA Yes No Airport Yes No Geologic Yes No_ Flood Hazard Yes No Panel Road Impact Area _Weld County RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # /$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 8 0 3 - 2 8 - 0 - 0 0 - 0 6 2 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Lot A of Legal Description RE 0803-28-4—RE614 , Section 28, Township 6 North, Range65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes X No_ FEE OWNER(S) OF THE PROPERTY: Name: Duke Energy Field Services, LP by virtue of acquisition from ANGC Corporation Work Phone# 970-356-9700 Home Phone# Email Address Address: 1324 N. 7th Avenue City/State/Zip Code Greeley, CO 80631 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Timothy V. Clancy Work Phone # 970-352-3161 Home Phone# _Email Address Address: 822 7th Street, Ste. 760 City/State/Zip Code Greeley, CO 80631 Lot A Lot B Lot C Lot D Smaller Parcel Water Source NWCW]) Exi cting Type of Sewer Septic Existing Proposed Use Existing Farming Acreage 8.271 72.932 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: * If the properly is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I(We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I(We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authori ation from all f-- owners must be included with the application. If a corporation is the fee owner, notarized eviden e must be in• ud-`. howing the signa ory has to legal authority to sign for the corporation. j Signature: Owner or Authorize. Age t Date Signature: Owner or Authorized Agent Date -4- WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. GREELEY, CO 80631 R. SAM OLDENBURG JEFFREY T BEDINGFIELD JOHN J. BARRY OF COUNSEL JACQUELINE JOHNSON PATRICK M.GROOM TELEPHONE:(970)352-3161 TIMOTHY V.CLANCY FACSIMILE E-MAIL 352-9165 SENDER'S -MA ADDRESS: KEYNEN JAE WALL.JR. TClanc,@wobllaw.com Weld County Department of Planning Services Attn: Kim Ogle 918 10th Street Weld County fanning Dcp .rtrrent Greeley, CO 80631 SC'.3TVWEST MAR 2 S 2006 Re: 3Td AM USR 552 k,, M U ` Dear Kim: Enclosed is the application materials for an Amended Recorded Exemption which we would like to submit together with Duke's pending Amended Use by Special Review Application. Please give me a call if you need anything further. Sincerely, WITWER OLDENBURG BARRY &JO LLP Timothy V. Clancy f TVC/zah Enclosures WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. GREELEY, CO 80631 R.SAM OLDENBURGJEFFREY T.COUNSEL FIELD JOHN J. BARRY OF COUNSEL JACQUELINE JOHNSON PATRICK M.GROOM TELEPHONE:(970)352-3161 TIMOTHY V.CLANCY FACSIMILE(970)352-3165 SENDER'S E-MAIL ADDRESS: KEYNES JAE WALL.JR. TClancv©wobilaw.com HAND DELIVERY Weld County Planning Department Attn: Kim Ogle Re: Amended Recorded Exemption No. 0803-28-4 RE-614 Dear Kim: Enclosed with this letter please find the following: 1. Original Recorded Exemption Application Form, plus 15 copies, together with (a) copy of purchase contract, (b) copy of consent from owner of Lot B, (c) copy of power of attorney for Lew Hagenlock and (d) copy of title commitment showing title of Lot B vested in the Hungenbergs. 2. Original completed Recorded Exemption Questionnaire plus 15 copies. 3. Two legible 8 I/ by 11 inch maps of the Recorded Exemption, as well as a 11x17 inch copies and two 24x36 inch copies. 4. One Weld County Road Access Information Sheet plus one copy. 5. One copy of the deed identifying the applicant's interest in the property. Please note at closing Duke Energy Field Services will clean up title so it is in its name only. 6. One copy of instrument showing water source for existing Lot A. 7. One copy of Septic Permit show service for existing Lot A. 8. On copy Certificate of Conveyances with original to be hand delivered tomorrow. 9. Tax Certificate. Please note that the 2005 taxes will be paid in full at closing out of the proceeds of sale. 10. Application fee in the amount of$180.00. WITWER, OLDENBURG, BARRY &JOHNSON, LLP Kim Ogle Weld County Planning March 28, 2006 As you have heard from me before, I truly appreciate the assistance you have provided me with respect to the above referenced transaction. We would like to close our transaction on Monday, if possible. Accordingly, if you could notify me of additional conditions and/or changes to the recorded exemption map in the middle of the day Thursday, I could have the changes incorporated and a Mylar generated by the end of the week. I could then have it brought to you Monday morning for signature prior to closing. I will be out of town, but reachable on my cell phone (970) 371-6232, Thursday and Friday. Thank you very much. Sincerely, WITWER OLDENBURG BARRY & JOHN LP Timothy V. Clancy TVC/zah Enclosures Michael B. Hungenberg Paul D. Hungenberg 32500 WCR 41 Greeley, Colorado 80631 October 10, 2005 To Whom it May Concern: We own the property on which Duke Energy Field Services proposes to expand its Lucerne Plant. We have met with Lew Hagenlock to discuss this matter, and we have reviewed the plot plan. We have no objection to the plans of Duke Energy Field Services as reflected on the attached plot plan. Sincerely: R• .-. .i. . .7. . . . . . .7 . . .7 . . .7. .1 . . .7. . .7 . .1 . . .f .. .4 . . .T. 7 .7 : ! 1 e 4 . M M di .l.. g4 ! R! L C6 _ 6 r il = a i, " I IJ te Q _ . i ! A 1 " hI i 17 0 El 0 1 1 . . r ... ;i r. R ❑ II s _l $ a a 1 f a tiirR } t • i a tit N Ii I ? - I,_ 1. E 1 n ! ° I. j yy 17 11 771,...-_-3.4 )111;.11.lib. * ., 1: 7 c o E oRI, ca T 3 t_� Hers I 1 �` v `_li ' 4 / li b fli IL e ■ ► e 4 4 '1' A T - . . . . . RESPONSES TO RECORDED EXEMPTION QUESTIONNAIRE 1. Water Supply Issues: This is a request for an amended recorded exemption, and the uses on Lot B will not change. Although the uses on Lot A will expand, current water supply is adequate and for that matter is also under review in conjunction with the pending Amended Use by Special Review Application for Lot A. 2. Disposal of Sewage: A copy of the Septic Permit is attached for Lot A. The use of Lot B will not change. 3. Description of how the property is being used: The property will continue to be used for farming. Lot A will be used for a natural gas processing facility by the Owner, and that use will continue. 4. Description of the present and future use of the area where the new Lot will be created: There will be no new Lot created, however, approximately 5.807 acres will be added to Lot A and taken from Lot B. 5. Statement describing unique physical characteristics of the site: There are no unique characteristics regarding Lot A or the area on which it will expand. 6. Statement where a primary building envelope or alternative building envelope will be designated on any lots: I enclose herewith a copy of the Amended Use by Special Review plat map which shows the location of all facilities to be located on Lot A. 7. Is there a business or Use by Special Use Review Permit for the Property. Current land permitting. There is a existing Use by Special Review Permit on the property, and a pending application for Amended Use by Special Review. tyF Ld Welcome to Coin ` , Colorado TE I -�RA�R Hp�� - H p.... ., ' - • 'X�.' r , . UAT( y" '� 4!""v,,,., �1 •y rR,T_,.. it '. 4Y .,e_•.Rsy�N4�;3��, Home > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2005 payable in 2006 Property Information Owner Name: Hungenberg Michael B & Paul D Address: 751 E 0 ST City: Greeley Account Number: R1276486 Parcel Number: 080328000061 Legal Address: pt w2se4 28-6-65 lot b rec exempt re-614 (.70r) %751 e o st% sltus: 751 e o st greeley 00000 Value Information Actual Land Value $37,705.00 Assessed Land Value $10,930.00 Actual Improved Value $149,202.00 Assessed Improved Value $15,840.00 Actual Total Value $186,907.00 Assessed Total Value $26,770.00 Payment Information Total Tax Amount: $2,117.08 First Half Amount: $0.00 Interest on First Half: $10.59 Second Half Amount: $0.00 SR. Exemption: $0.00 Full Amount Paid: $0.00 Current Balance: $2,117.08 Hal`Balance: $1,069.13 Full Balance: $2,117.08 IF any of the following fields are "YES" please contact the Treasurer's Office for more information Tax Status Tax Liens: No Tax Area 0688 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 79.084 Database Last Updated at: 02:52 AM on March 28, 2006 Report Date:10/19/2005 10:25AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#:22770 SCHEDULE NO: R1276486 ORDER NO: LTWT1085 ASSESSED TO: VENDOR NO: 13 HUNGENBERG MICHAEL B&PAUL D WELD COUNTY TITLE 32500 WELD CO RD 41 1221 8TH AVE GREELEY,CO 80631 GREELEY CO 80831 LEGAL DESCRIPTION: PT W2SE4 28-6-65 LOT B REC EXEMPT RE-614(.70R)%751 E 0 ST%SITUS. 751 E 0 ST GREELEY 00000 PARCEL: 080328000061 SITUS ADD: 751 E 0 ST GREELEY TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 2,098.68 0.00 0.00 2,098.68 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 10/19/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0688- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 494.74 AGRICULTUR 33,079 9,590 SCHOOL DIST#6 44.711 1,108.37 AGRICULTUR 18,865 5,470 NCW WATER 1.000 24.79 AGRICULTUR 122,202 9,730 EATON FIRE 9.000 223.11 AIMS JUNIOR COL 6.328 156.87 TOTAL 174,146 24,790 WELD LIBRARY 3.249 80.54 WEST GREELEY CONSERVATION 0.414 10.26 TAXES FOR 2004 84.659 2,098.68 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement distnct assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein.In witness whereof,I have hereunto set my hand and seal this 19th day of October,2005. TREASURER,WELD,DONALD D.MUELLER,BY: P.O.Box 458 /1 / Greeley, CO 80632 La UUII[[- �� (970)353-3845 ext.3290 1.----•--- ,.._.....__.- '4L?t..t'31?rSESi'_. AoM0 4•.)ir;'1i .Y leCONLilAc .»-,'...R?G•C1RrJFI!��S��^;5.1.Fit!1 ;C.Jti31! tisyrrt+nn«t• rte .•9t':ra_,:ry.AysYr4u j Ti eord of h'r+ortv'alur:for fwert m.--sv.Siviess.a snd.a rof::aaion.3. :ravie....ma 2 8 f.•:°: I- ! ye:so ll..awrjt .7.44:. .,t7G, .teob:w% C17 ST/20.T, ' ' - - "ma (90.1) 89r-"144 . Fos !.1.7..?) 'ttrt•-37t. ri- T fl Rf.POPT ONE MONUMENT r 1L'r OrJ 11:;5.,rN.....-_^—._._�_..'_..'.. i AN time to.be fined in bf th e v dt4 ficE7 i:f L.I .+ON it ;}l:' f 0 be - _ . Anti Surrey:, uanq P.•2RMA.VZOir r, Ft! ` _ ,.. _.. .... ......atrJ' LPi^R,Rr117:.o:�d 5ne8 illfx.I�ki eleeld 1. TYPE or MONUMENT: 0 SEC1ink C:311NE4 :'t1 Q.AF.T.'ilT •CORNER C E#_T1(;:t MARK lL, OTHER..___ -- 2. DESCRIPTION i t" MONi ME'ff r"CNO' , , , c ie # = rslht::r. Mit, ni:ts 0143141C Ctip, LS 2.`818, accepted. .1. DFSCRIPT,ON Or MONJMEN1 ES1A(KL*-. C4!' "T1,: .' Pi.,RPtE..:LLATE THE ;..eCA TON DE THIS POINT: R. to ed with 3i" x I$5 mbar 'AD: 2 1/2` churl. cap stamped as !crown below. Set one r-kenstAr4d con per ribs.. 4. SKETCH SHOYAN' RELATIVE. WCATIt]N O;- MQFiuiIENT'.. ACCFSS3ita AND RE .RENCE POINTS STATtHC 1! WHE-T}RR FOUNT' OR SET, SHOW SUPPOR1i+JG MU/OR COCTRAi:rt:TORY EVIM:NCE WHERE APP.xsBLE i SW Fk.C' CORNER .. ---±3' CHA1 1 O.4.K. r[NCF. IOST—... X FENCE ]1 FIELD ROAD i ra ISE)" NAIL IV/ VRASS .4.-^--.•.-t-4:JC t N.N.i'.5. PLS 9644. ' �,, C 1/4 4 CUR SIAM-I-0301 .4i\ N SEC 36 `�rtrC :� RE.bAR ---47.-------. ,.., t.- r.„,4, as0�` NC "4.i�' (Re:FI i i �v C 1/4 �'sti v 1 i -....4L.. a! ! s itti t .t cscLf•+ !hot ...as ;n responsible chr r of trio J ='.!14.1114 Widest*igtd in the record and `.hot to the :^4t o: my Knowledge ilve irttorrtlation WI:seated herein in true in(i sm,fe-•. \ 2003 vcrr.. >'k,nss :,c iten�a?h R_ atlas Nr t S 9E4i.-�'+ ;s••,.., tn;ae:___Aill,ls ASSOCiaims•_� �____, • rrrn: P.Jdrsas. 42ti ta,'lrtd im Stomping or, 'C�a _ S __ a. Mr ail fieldWait is e'.+katsrwl. Rosrn•s ar•ruwnObtere ___-.._.__ Z_#Sa_ra. X0O 80645 eAr..A A..3L13tf/0 ._. $1.04.1'.......__19_707.-.2.4.4-9562 �f $• Me non IMIlni ses I.:.Ye a S.Nitrar'.—•- 1_ .._. •_ �•" ---(a rkst Re�) �._.._._.__.-. .:e 1 Lints ( I.../4'.4‘,4"-e-:::eRg-;•-.4•I'-(..- .\n C C a PTE.. r4. I III APR 302003 - i eO/n3� COLO.gT.80.0�REu. + 1-1--1-.1....1 1 01(.44# , 0..: Q`. F6P1?E AND PtS • I L..._L.,L...!__J ' ...%,..... r s J.0 , 1 Remora A! 4Pt e,?Ili ii. eTKINr f s'J ilaN : • 2. 4 •: !,.vo:inn pf p1o.aoment 5ignoture/Antra thrc n Snap IF � max._....-_S`.,.-::._._:ti��_.-_... __...-. I1i..,P.M. '''''' -�.'/EZD..-.____�PLDEY REF' NIT BEft 2 .7_51=._ , ➢chant t..sh rsao- .i _it leh�et :.t)ilti'r"'.,....._ _. . ».. 1R7S? TAR NUMBER.........._t Ysg(.°aft' ab..",' .Mi0e '••ip be IOW Mar Ar eppesanOts 1,411614 act er;4toay Mel ,.._WravPrns4 Y¢arwitp,-eme.V .....Yr...._...........,—...»—�...._................ COLr"ADO LAND SURVEY MONUMENT r-CO'r` Board of Deportment of Regulatory Ag naM s O 1 a Registration for Prelims/anal Engineers and Professional Land Sure 1550 Broadway. Sufis 1J70, Denver, CO 80202 •� Phone (303) 884-7788 •Fax (303) 884-7790 . TOO (JD.3)894-7780 COLO.ST.BD.OF REQ. . FOR Pt AND PLS :>. lIFPO1TCONEi$0►anFEtR OMET ON: EQAI "`'REFBOODCTi01t;O1E 2N�a :A:;♦t AMTMCRTiea jj{ AR:DBl1Te.is lift BIst:76 :1 6Y"�=esaa sdewgrae:uattyt 7rANelBEiv�Buecet LEiYERLYG :woe iNi�u WBkN etiii=nFF npntdutre. 1. TYPE OF MONUMENT: ❑ SECTION CORNER 8f QUARTER CORNER 0 BENCH MARK 0 OTHER 2. DESCRIPTION OF MONUMENT FOUND: rOIING $ RERAN WITHOUT CAP. 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT: REPLACED 94 RERAR WITH A el RERAN S0' LONG MIN A S 1/4' ALUMINUM CAP STAMPED AS SHOWN 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT, ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET, SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE: i— mam TDP 0 l '�f/� TDB ''fT'' IOSr SN� �GID FTIIRCE�MSE � g f wm w. NOAo � w (DIRT) /,y MONUMENT E NOT TO SCALE s` ` /{ S ENG N VET PROJEECTIO ` E. / THE OXIMM E . FVp OFE HEMpL ROAD DENIER ` OF (v 'Q/ OF THE FIELD 4 T 4 N R 66 W 5 25 5. CERTIFICATION 1/4 —•— S 36 Thls Is to certify that I was In responsible charge of M. surveying work descdb.d In this mo rd and that to fho beet of my knowledge the Information prnented heroin 2000 Is Iras and correct. (S. 4392 Marne (Plea.. Print): Jasper Free.. Finn Nona: From EngM..ring Stamping on Cap Firm Address: 1523 R Av. Greeley Colorado 50831 a. Doh of Field Work to Establish, Restore Phona: or Rehabilitate Monument: 22 April, 2000 (970) 332-0100 b. Data Monument was Used 6. LOCATION DIAGRAM as Control: 1' = I Mile (o. not IIR In) •^' / c. CC EPTE I . li MAY 16 2a00 zs -26/7- CO1O.ST.BO_OFREG. —+—+— •q r_„•:".., FOR PE ANOPLS I I RECEIVED AT amTRC4 Or THE COUNTY CLERICSignature/Date through Seal COUNTY e = Location of Monument 7. SEC 25 T 4 N R 88 W _628__P.11. Rir COUNTY WELD INDEX REF NUMBERZT-E DATE: "8. SEC T R P.M. Rasa to be m.. Was Remmens ^wee COUNTY INDEX REF NUMBER ftensikr.tr Aea.s.u.mr und., aPRaRieR.Tomah*Ross..and 11ae18m a el To be wet only for m Tenup.aL mane on MUM)Bass E F 2Oo° - 9 COLORADO LAND SURVEY MONUMENT RECOR p s (,C I _r: j 7r 1� Based of RepifireNpn for at gy,0(r and L� DepanMITS of -�L: 1580 BroaaggM Slate $370, Denver, CO 8 YIe 2 6 20,!;: t Phone (303) 894-7708 • Fax (303) 894-7790 • 7D0 (303) 894-29001833 rein1 REPORT ONE MONUMENT ONLY ON THIS FORM — REPRODUCTION OF THIS FORM I ORI D . t AI items to be filled in by the Land Surveyor using PERMANENT BLACK fd7TRRINC and lines ?ethic6� Fu.". nt 1. TYPE OF MONUMENT; ❑ SECTION CORNER ® QUARTER CORNER ❑ BENCH MARK 0 OTHER 2. DESCRIPTION OF MONUMENT FOUND: Found ( 4 rebar no cap 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT: Replaced with 30" x /6 rebar with 2 t/2" alum. cap stamped as shown below. Set and measured corner ties. 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT, ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET, SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE: * O = SET NAIL W/ BRASS TAG IN TANK 11 WOOD FENCE //BATTERY ALSST 9644 O as,—SEPARATOR 56if I) 0�39.27L4 C FIELD --el' E 1/4 OCR scl.'9 I N.T.S. ROADS SEC 36 0 X !i SMITH-0301 I, I I el 1/4 to Z 3 36 31 N 5. CERTIFICATION i. 09 1$ \ a, This le to certify that I was in responsible charge of the 'u ntying work described in this record and that to the best of my knowledge the information presented herein 2003 is t and correct Name (Please Print} Kenneth R. Allen °L$ 96AA r„., Nome; Altos & Associates nrm Address: 428 N. 2nd St. Stamping on Cap LaSalle, CO. 80645 a tots el Rob to ratm a ewn Rotors Rtnatam phone: 84-9562 t. (970)-2 M .7/8/OZ !,*mint.n• k. Net Meeesent was used es Gannet 2/28/03 6. LOCATION DIAGRAM (De net m in) 1" = 1 Mile - cc EPTE I % M �`( I — t.' , \StGRtc F� APR 3 0 2003 -f--+— N •' / 4 '' 361 • it r" ' s COLO.ST.BD.Of KEG. _1_�J__ • Zo�34 i\ FOfl PE AND PLS It i11 d'J, 4N, SUF � miaow AT Oft=OP t�txKntTT CIHI[ ,rF`�� y COUIRY •= Location of Monument Signature/Date through Seal 7. sEc 36 T 4N a 66W , 6TH p.m, sr. COUNTY WELD INDEXRV NUMBER 25—C AM te5. SEC T a c y creed e be m y COUNTY RIDE7( REF NUMBER _k_e•.tun.—errs`. mode -TO be des call for amounts Wean s mmoty eel sPreerecte Te.eipe iye,see itt ReupR/00 Naiad III? COLORADO LAND SURVEY MONUMENT RECORD 8538$ REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. All items to be filled in by the Land Surveyor ruing permanent black lettering and lines which can be reproduced. (Except)• 1. TYPE OF MONUMENT ► 0� Section Corner O Bench mark (Check one) [J Quarter Corner O Other Y. DESCRIPTION O,F/MONUMENT FOUND. ' �Giti0 ,Vo. CL E53,s!c /1/4filj /c/^/c. . GoiL„!/<K 4-n-S D6s /Z/ PT'°^/ ? Zo:er/on/ 4s5A"° O (/ oil e6 c2OEt'Ct' &xeNrrr/o,✓ No, 3/5 iv 7 e sur;Ax Sc. 30 -7-Gn/- ,c6slr/ 67 L,5. A/c. Ir39z, �y (\�\ 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE'el THIS POINT. U AFit 194 R e�3 ns aotFO A. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSOR'ES AND REFERENCE POINTS STATING WHETHER FOUND OR SET.SHOW SUPPORTING AND/OILCONTRADICTORY EVIDENCE WHERE APPLICABLE. �.Z- s--r i s r / �G11<L r/szeo"¢v 5°611-raal 1714r e �_ ttIr- 6� C ec 4,za 6-ee%, , O Dale id Field Woik /2 -3-9/ 5. CENT INCA I ION This is to cep ily that I was in lespm¢ilne charge ill the surveying work described in this record and that in the best of my knowledge the intivnlalion presented herein is true and correct. Signature-E� Dale �Z- S-91/ Firm Name: Mc RAE an INC. NC. ----- -------- Phone. 356- 3101 6. IACA PION DIAGRAM '•(i1n not fill in) ogrillItIODnu/ REGISTERED I Mile il !,�' Acrrpled for FlungI KEGISiERED Qp00 .„so� '•• Slmr Board of It islruGun Err Professional 01""%tst is Engineers and Land Survey ors lit 1SaE �. i r By } tµ + - H Ni , oL 7242 :� l eW k Date RAI S S MM �w�sie~•• ..o J ar• RECEIVED AT OFFICE:OF THE COUNTY CLERK, • Y//H��nnnnllntys, • = Location of Surveyor's Seal __COUNTY Monument By / � //''/ Date 7. SIC-.ter¢_��, T Y' /l/ R . 4V G* P.M. Record to be tiled by Index Reference Number, I COUNTY W" INDEX REF.NO. ZS-E. numerically, then alphabetically, under aggro- 6. prtate Township. Range, and Meridian. I SEC T COUNTY INDEX REF.N0. ApensarnIFFRIFIRIINIRInne• 9//7 PROFESSIONAL ENGINEERS AIM PROF:.SSp,NA I. LAND EURMOaa BOARD. SOON Peer 5rrrIen Eo ldr.g N)5 SA.,mon E'en. Drnre,. Coincide m]5] cOLARADO LAND SUN%trY M0NNMIDIT REOOIID Apiremint et Reetietery Agates MO gr000Tee Me 1174 Chest COM= (tt411re-m0 v/IDo(X 4-non REPORT CHE MONUMENT ONLY OW THIS FORA REPRODUCTION AF.TMS FORM I6 AUTHORIZED I AIIMIm11 19 IM'-fX# i Sy 040 MORI SYfMYM l MO PEMMAAENT&ALUM LE'77(78NC,Br)ins Mtk t con be reproduced 1. TYPE OF MONUMENT: II SECTION CORNER 0 QUARTER CORNER 0 BENCH MARK 0 OTHER 2. DESCRIPTION OF MONUMENT FOUND: FOUND #4 REBAR, ' 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT: /1 SET 1" PIPE WITH 3 1/4 " ALUMINUM CAP IN RANGE BOX. 92 FOUND NAIL AND WASHER. LS 12374. IN FENCE CORNER POST. 93 FOUND NAIL AND WASHER, STAMPED 27.B, ON NORTHWEST SIDE OF POWER POLE. µ FOUND NAIL AND WASHER, STAMPED 40.1, ON NORTHEAST SIDE OF POWER POLE. 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT, ACCESSORIES AND REFERENCE POINTS STATING tl' , U /n .,o 4-WELD COUNTY RD 64 Xii N µ UEC _ R �; JUN 2 1 1996 T6N R65W 5. CERTIFICATION CpFORSPE AND OF $ 29 S 28 This is to certif that I was In r:e the eure/1n9 '�^�k d.•c*WM N this record Tend charge to the — S 32 S 3_3,9 beet of my knowledge the Information presented herein Is N e one correct. Name (plwee Print): ELDON L KNOLL 1996 Firm Nome: SCOTT. COX & ASSOCIATES. INC. Fkm Adtreee: 1530 55TH STREET, BOULDER, CO 80303 Stomping on Cop Phone: (303) 444-3051 pap of need Work FEBRUARY 22 1998 6. LOCATION DIAGRAM 1" 1 Mlle (De not n n) N. JUN 21teb I: I2 I I ICIEP' >sLSWm AT olrxs or TEE COMM CLIME COUNTY ••• Location of Monument 81Bnoture/bate through Seel 7. SEC 29 T 6N R 65W 6TH p.M. By. COUNTY WELD INDEX REF NUMBER 9E DAM •e8. SEC T R P.M. `��win is r�br yM,�y� COUNTY INDEX REF NUMBER SWIM.+e++•.— r Noonan *•be seed cab tor monuments Mesta m musty D... Dee0/111 CL._.aRADO LAND D SUR�VEYMONUMENT RECOi. 0 f Board ofRsleaation for PPrrofu+iwwl Eva:etrs and Mler:word Land 1560 Broadway,SRNe 13370,Denver,Co 80202 jiff 11 2003 Phone(303)894-7788 • Far(303)894-7790 • TDD Line(303)894-2 00 REPORT ONE MONUMENT ONLY ON THIS FORM-REPRODUCTION OF THIS F .All Items to be Riled In by the Larw Surveyor ItaergPIM EMNS/TBLACK LE/THBNGand lie.whl . ,.R G. 1. TYPE OF MONUMENT: O Section Corner O Quarter Corner O Bench Mart mother 1/16 6 2. DESCRIPTION OF MONUMENT FOUND: FOUND#3 REBAR 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT: UPGRADED TO A 3/4'X 30'REBAR WITH 2 t/Y ALUMINUM CAP IN RANGE BOX AND SET TIES AS SHOWN BELOW. 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT,ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OF SET, SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE: NG T a. C It v U O � 3 DRAWING //// R\ NOT TO SCALE /, da CONCRETE t .a / HEADGATE IRRIGATION DITCH / SET NAIL&BRAss 0 TAG IN POWER POLE SET NAIL&BRASS TAG IN POWER POLE 2 rn•ALU :NUM CAPON er X PP Ruda at;EST I � GP , w S 1/16 a B. CERTIFICATION e a This ht to Ural I Wee in retaortalble charge of the n surveying work described n sue record and that to the S 29 I S28 beet of my knowledge the INcnneeon Preaened herein is true and cancL 2003Name(Please Print): M.Douglas Hoos / Stamping on rep Firm Name: AMERICAN WEST LAND SURVEYING CO. Finn Address:29 S.4TH AVE.,P.O.B X 129, a. Date or field work to Establish,Restore,or Rehabilitate BRIGHTON.CO 80601 Monument 6-2-2003 Phone: (303)659- 1532 b. Date Monument was Used as Control: 6-3-2003 +Do not MI in)- S. LOCATION DIAGRAM CCEPTE" + = +Mile /��)' r in` N of a O• �;,� e jNDY252003 —�29�— t . X26' COLD.ST.80.OF REG. '� �' / , FOR PE AND PLS I --'-. RECEIVED AT OFFICE OF THE COUNTY CLERK I I ' � • COUNTY •• Location of Monument Signetan fe through Seal 7. SEC. 29 T 6N .R 65W , 6TH P.M. By: COUNTY WELD INDEX REF.NUMBER 9-F Dais: '•8. SEC. T .R P.M. Recordb be Med by Index Reenact H ,Ner, re t•tae Abe.bre th MarCOUNTY INDEX REF.NUMBER_ nagopee ToeWrbt,race,and orient —To be•.A ashy fa monuments Iona OA county lira Ree.02e0 COLORADO LAND SURVEY MONUMENT RECORD {-�I, n ��, Department of Regtdatory Agencies n ,. V ,A'!r1 '7'` !1 VM Board of Registration for Professional Engineers and Professional Land Sun r''N ti »:.3,1-;_]„' s> ,. 1330 Suite 1370, Denver, CO 80205 -.., Phone (308) 894-7733 •Fat 309) 894-7790 • TDD LINE (303) 894-290 ��1q�,5� MAR 4 20115 nr I REPORT ONE MONUMENT ONLY ON THIS FORM - REPRODUCTION OF THIS FORM IS�1t[FL All items to be filled in by the land Surveyor using PERMANENT BLACK LETTERING and lines whicy., ORRED ... '..1 G T49rP4gP� a 1. TYPE OF MONUMENT: 0 SECTION CORNER • QUARTER CORNER 0 BENCH MARK 0 �H R�a�E�E60J HER 2. DESCRIPTION OF MONUMENT FOUND: Found #6 rebor with no cap. Accepted as this corner. Set o 3 1/4' diameter aluminum cap stamped as per BLM instructions and JONES L522098 and as shown in the detail below on existing monument. Corner falls in an existing asphalt road. Existing monument was in a monument box. 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT: Found or set reference types as indicated in positions as shown on sketch below with distances os shown. 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT, ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET, SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE: k- as I Ua. VI CHISELED 'X' IN 5,3.90. IRRIGATION STRUCTURE //////------ SET DOUBLE HEADED �g SET DOUBLE HEADED NAIL AND SHINNER h8' OJO, NAIL AND SHINNER NORTH OF GUY POLE WEST OF POWER POLE TT66N R65W ( NTS 1/4 JN: 2004164 S29 528 5. CERTIFICATION This is to certify that I was in responsible charge of the .F JONES surveying work described in this record and that to the , � �G s true and correct. best of my knowledge the information presented herein +C `SURVEYOS 2209 RS\ Name (Please Print): Charles B. Jones NTS = NOT TO SCALE Firm Nome: King Surveyors, Inc. Firm Address: 9299 Eastman Park Drive a. Dote of field work to Establish. Restore or Rehabilitate Windsor, CO. 80550 Monument: October 4, 2004 Phone: (970) 686-5011 b. Dote Monument was used as Contrah October 4, 2004 _ 6. LOCATION DIAGRAM (Do MR fill In) 1" = 1 Mile r�Pp00 RED1s. tit, cc EPTEII re e eeej, `` L; L APR 2 6 2005 I N '291 �o'(� ti COLO.ST.BO.Of AEG. il _�- FOR PE AND Ply 1 I I lilt Jg7• '' ,...3., �ttD4'4( LANG RECEIVED AT OFFICE OF THE COUNTY CLERK COUNTY .= Location of Monument Signature/Date through Seal 7. SEC 29 T 8 NORTH R 65 WEST , 6th p.m. COUNTY WELD _INDEX REF NUMBER 9-0 DT DATE: a•8. SEC T R , P.M. Record to be flied by Index Reference*umberCOUNTY INDEX REF NUMBER Numerically' then Alphabetically under r To be used only for monuments located on county lines eprwogiste ToenshiP.Mena end Meridian. RN.02/00 Revl ad MO COLORADO LAND SURVEY MONUMENT REOORU REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OP THIS!ORM IS AUTHORIZED. AS items to be tilled In by the Land Surveyor using permanent black lettering and lines whkh can be reproduced, (Except)* 1. TYPE OF MONUMENT P. NI SectionCorner O Bench mark (Check one) 0 Quarter Comer 0 Other 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT n MARKINGS. FOUND 'i6 Rr. •A.1 ahref Mo,njrL,,n GcA STA.n,4e'd Paafvr&s .PXFtj4r/ON /CS .23rD/ 414s/rion/ /r<s 41r/4/c9rr4 &XokJ I7-14_1 3. DESCRIPTION OF MONUMENT AND MONUMENTMARKINOS ESTABLISHED BY YOU AO I z/ R 1 TO PERPETUATE THE LOCATION OP THIS POINT. RS .f Fvu.v4 Pet Maus /.v 1604/7/441.5 .41,s /v4lc4rs-4 gt I w A SA,AV 1,Z/,rr/ 4sr9Ncrs 4s d!/ecu. ) 3So/ 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET.SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. mAt gar//.v cc �`, so ro,a a Giu4- a Fad Pet/Kid A sere pat TS /Swe.r As&rY0J 6 R9 4.5 /Yo se , en ma Awe/ In Date of Field Work t8. /f /9pQ D. CERTIFICATION This is to certify that I was in responsible charge of the surveying work described in this record and that to the best of my knowledge the information presented herein Is true and correct. •/ Signature •MC/1� u�^.� Firm Name /A'- '/f1T'-' O 'e• • //1 Q Q Firm Address. / :r rT �.lf�),- Co Date ...a /CC G Phone ' - 1 - .j'It}t( a• • *•, e �.. • *(Do not fill in) O. LOCATION DIAGRAM `•., I". I Mile r LAO - \ Acc �i��,�1j�'j1IJ��RrI ((�7�y�/fj ( Stets Board of Regiet 'ftffnaa(gie]oha� 1 J/ \� Engineers end Land S yor f 1 ADC 191994 1i + — t I N HY 42/4_ / Date COLO.ST. RD. 1F RFD, �ti FOR PE MU PLS I RECEIVED AT OFFICE OF THE COUNTY CLERK; •= Location of Surveyor's Seal COUNTY Monument By Date 7. SEC.4 _, T /Y. R t _,),f, eSpTH P.M. Record to be filed by Index Reference Number, COUNTY Y)/EAGQ INDEX REF.N0. 9-.T numerically, then alphabetically, under appro. B. SEC. , T - print*Township, Range, and Meridian, k , P.M. COUNTY INDEX REF.NO. Oqd' ,4h•Nae Are•Nn PROFESSIONAL ENGINEERS AND PROFESSIONAL LINO WA Si meS WOO. xn• w •.-.e.. __ _ 1 INLN • COLORADO LAND SURVEY MONUMENT RECORD l`i$.tI 7 4-1 I` { Department of Regulatory Agencies II OCT 0 2006 Board'of Registration tar Professional Engneers end Professional Land Surveyors I b3 1560 Broedvay,Suite 1370,Denver,Co 80202 • Phone(303)894-7788•Fax G03)894-7790•MD1Ne(303)694-2900x833 COLO.Si.iU OF NEG. REPORT ONE MONUMENT ONLY ON THIS FORM • REPJIIO T ' .:AO hems tobe@kd In by the Land Sur$ypr usingP.EfM1pNENRBB gpadya 1. TYPE OF MONUMENT: O SECTIoN CORNER ❑ QUARTER CORNER O BENCHMARK JK OTHER Pig 2. DESCRIPTION OF MONUMENT FOUND: • /L/O/✓E 3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT: SET e'Vo. 6X30"asitz w/074-41th GsPzsITZGZ /.4.7 • 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT,ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET,SHOW SUPPOR�TIING ANO/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. r•' IfitgT n/die3C • SwCB Nl /AK P. e' esacC e• (1\/ a 47O,ea _4/w%3% G° - fir 2 • - N eAE SNott G - 7-6 et/ 0 6sty 5- 1(1 —51; f 5. CERTIFICATION 5 Zg This is to gglt'rfr1 al I was In responetYe charge of the surveying Zoo D work described In this record and that to the best of my knowledgethe infamabon presented herein b true and correct 574Qz Name(Pmini/Fe): Robert Short Stamping on Cap Finn Name: M SHORT. INC Faro Address: 1231 8th Ave. a. Date of Field Work to Establish,Restore or Rehabilitate Greeley, Co. 80631 • Monanent: (o-9-ZQ7O pt,„„, (970) 356-3101 b. Date Monument eras Used as control: 9.Zg7O (Oa not fll 6. LOCATION DIAGRAM in) 1'=1 Mile REGISTERED N .e° o�o ll DEC 3 D 2000 !IV + rim' 7242 • °4 J COLD.ST.6D.DF P,RG. •FOR PE AND PIS .y A • RECEIVED AT OFFICE OF THE COUNTY CLERK COUNTY •=Location of Monument Signature/date through seal 7. SEC 'Z4 (e74 8Y, COUNTYmm IX REF NUAdB6P. DATE °a8. SEC P.M. Record to be filed by Index Reference Number COUNTY INDEX REF NUMBER•' Numerically then,Alohabeucalla under —To be used only formonumm[alocated onmunty lines appropriate Township,Range,and Meridianaviors awsrua nmw.eex w...or5l Ihdaad Imo OOLORADO LAND SURVEY MONUMENT RECORD REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. AB items to be Riled in by the Land Surveyor using permanent black lettering and lines whidi can be reproduced. (Except). TYPE OF MONUMENT 0 Section Corner 0 Bench mark (Check one) In Quarter Corner El Other 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT MARKINGS. Fevnin At"4412 efr.4c4ct4 all/rey 4 S'rr 3dapF ef'st4Jf !.(twit A 31*"D/aM. C4, eSrs/.iAa o ,4s .S,vow.v. z• Ten' R4-5)y SR/ 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED BYYO(4 TO PERPETUATE THE LOCATION OP THIS POINT. S 26 Qlsr9NCFS T /Qcsr. ActeXres .Qs /rod/e9rs-d \('NAR[rrs S Sayers 4 RXOU.), \s .zsfl 8 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET.SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. Sep✓AR4- CamleReir Paler ,tar 3.`tN.F.ex :s7MeCRD bisr4- v E To SWCeAfJtP /11 /ne 4wen'As/e H N LUCK 4456 /At Se4a- ti P.4✓ra 11) c/fv/SF4ra �X'/N NBRTN SLOE / t BNGA ere- /RA/I5 4rrs,& ,Drrcly Date of Field Work Fps /7, /99R 5. CERTIFICATION This is to certify that I was hi responsible charge of the surveying work described in this to the best of my knowledge theinformation presented herein is true and Corr- t. Signor L' '�•' Firm Name: • - r. �l-1.:Ft�r.:.�- + f� 2 Firm Address. ._! :�:'7..�'�.'_T'� • : Date /4 /?p Phone: - / 2 • • '(Do not fill in) 8. LOCATION DIAGRAM ,••••t1iRB.. 1"e I Mile • A 'h State Board of Regi an or Professional I ' Engineers and Land veyr C 9 1994 1 NByc01.0.ST. BD. 01�Gi +I °ateFOR PE AND PIS -I- 4- T / RECEIVED AT OFFICE OF THE COUNTY CLERK; I I ^• •= Location of Surveyor's Seal COUNTY Monument By / Date 7. SEC. 2/ , TIN , R 6sW, I V P.M. Record to be filed by Index Reference Number, COUNTY WE.00 INDEX REF.NO, numerically,then alphabetically, under appro- 8. SEC. , T , R P.M. plate Township, Range,and Meridian. COUNTY INDEX REF.NO. Desuwer,NRla a, ADeekJ PROFESSIONAL Ea0/N££RS AND PROFESSIONAL LAND 5DAP£YOs,WARD OM Sow Swim a,Wlq,1113 Sewn.e1,ee,,Denw,Colombo JOlw l]!r(301)$66JJPo IMAMS 1990 JOLORADO LAND SURVEY MONUMENT NEOORD REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. All items to be filled In by the Land Surveyor using permanent black lettering and lines which nn be reproduced. (Except)* 1. TYPE OF MONUMENT D. 0 Section Corner 0 Bench mark (Check one) O Quarter Corner . Other ho Ca.QNe/P 2. DESCRIPTION I� �I OF MONUMENT FOUND AND MONUMENT MARKINGS. /✓O //AONI of rF.vr FOJ.t1A butery 6 F/4r,(,o $64 2.9/,6! 3 t 3BN Oa 'd`66�I n SS ry 'tM t2�//ir// 3Ar ,r,Q/AiH. 4,"„,,,,v,„,, C.P-, STnmAs 4 4. cw 4r cS/&ACE f - 4re:2AaRT/oiY/9r, Asr.9•aer 4o-rwre-ni sECep 7br Hair ,Qva Ski, Ca.p BF- Srcnoa .Z/. 3. DESCRIPTION OP MONUMENT AND MONUMENT MARKINGS ESTABLISHED BY YOU if/6 , cS zI TO PERPETUATE THE LOCATION OFTHIS POINT. "�' S 2 St-7- �1',1-re'R6wxe5 45 Straw& sex,w LveTI! £//�� CArs B �CW<S ISTYlavo-s 4s I've /o9rrA AS .Z.�J98 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET.SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE, n i Jr Co4ivr# &r S.p✓MQ r Ca .,qe re Ce q.vc-4 As9- .r",y h I.4)-— Z,' w en r�G n rPulTIMPAAvr 4/0 Stsflif -.1 �9✓rP -4` Ser- 44i ,',B.rueC.A0 /N t/awr4 Accts Cryfl) Date of Field Work FES'/3 //FFS! 6. CERTIFICATION This Is to certify that I was in responsible charge of the surveying work described in this moor to the best of my knowledge the information presented hereto is true and cos et. Signatur �L I/.:" •.,.J1/,e Finn Name. . /1" L J/8 999 Firm - • Date T f `l`r' Phone �B9—.�lj.'.r0. *(Do not fill in) 8. LOCATION DIAGRAM %Ct..** {7,`' i'•=1 Mile LANG ., ([EsI Aces ` State Board of Resists Hon for Profe sfohel ' I I Engineers and Land S yore: I ' By I BUG Y 1994 I +„/� fV �� of g� I� % Date COLO. YE D, PLS . + — +I ` so RECEIVED AT OFFICE OF THE COUNTY CLERK; •= Location of Surveyor's Seal COUNTY Monument By ' Date 7. SEC. 2/ , T46iV RJ H/, R , P.M. Record to be filed by Index Reference Number, COUNTY YYd",cd INDEX REF.NO, /2—T numerically, then alphabetically, under appro- 8. SEC. , T priste Township,Range, and Meridian. R — P.M. COUNTY INDEX REF.NO. Deflower e/RAANN,Amein PROFESSIONAL ENGINEERS AND PROFESSIONAL LAM SWIPE YORE RDIRD ROOD Emu Serb,NSdtw,1525 Amnon Sent One,FaA„nm DIM ILIU I1N 20.11/ Anises MO COLORADO LAND SURVEY MONUMENT RECORD PPOR I ONE MONtiMtNT ONLY ON On%!Ow 41•11000C SION OF THIS FORM IS AOTNORIII0. All items lobe filled in by the Land Sunetoc using permanent Mal kuenne and ha mail#on be repodwed. (ELcep1Y 1. TYPE OF MONUMENT , Il Section Comer 0 Bench math (Check one) (D Quartet Corner 0 Odom 2. DESCRIPTION OF 1 MONUMENT FOUND AND MONUMENT MARKINGS. Au,,,A, e co0 '‘ Q;1l I 03. deep •• asJ /# road, ma-k.1.nii rec. tier as user w....v.e+ recioni , de+ed 7/30/90 ; LSa7292 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKOLOS ESTASUSHEDEYYOU ?Tt. e• TO PERPETUATE THE IACATION or MIS POD T. Replaced fewnd abnuM. ast r 7 3y'yc bar 11%g A6aM.nNL Gap. - - RI5 I+ S. sw,.1e box vv,44/,,,,, co.,ec--; 2 •sla7 _ 33139 . 44 tb ,sw 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE Mq POINTS STATING WHETHER FOUND OR SET.SHOW SUPPORTING AND/ORCONTRADICTORY EVIDENCE WHERE APPLICABLE. •N 'II / \D \ P, ,,. N.T.S, @�� \e, �{?eotl (Dm—÷ in ut_J;/ car • N�e - ,. Li.. Aeuel-es c.«d 1y' tT yd.;) �"/A>tfle cqp 'c Y iN St,oer Pole T' CC . It Date of Field Mork a3 Sae '941 6. CERTIFICATION This is to certify that I was In responsible chuge of the surveying work deserted N OS record and that to the beet of my knowledge the information presented herein Is live and coned. Signature Firm Nunn4, DFMea. Firm Addmu• 31St 3.Vetsts WI Nita Dam Ne/f7/* / Phone. 7%•9000 *(Do as fill I�IOy '` 6. LOCATION DIAGRAM NtsO REn/� Au .0' 71. 1 .q to State Board of Regislr ,r for Professional 1 $ aiae Engineers and Land S or I ( 7•LLry. uG z 9 lvva 1 + + N By l' 1391 COED.SF. BD.OF REG. `• / Date FOR PE AND PL$ + + � RECEIVED AT OFFICE OF THE COUNTY CLERK; I I •-. 'tee Surveyor's Seal COUNTY a • Location of Monument By Date .7. SEC.1_9....T to N, R . LS- P.M. COUNTY Weld INDEX REF.NO. l 3-F Record to be filed by Index Reference Number. numerically, then alphabetically,under app.,- B. SEC. .T . R• P.M. priate Township,Range,end Meridian. COUNTY INDEX RIF.NO. OOe+.,••V$O.v...ej,v.. ISO.II w.T4.L fKnpal nD IIDHTIMv.L Mae A MT TOSS SetAl . R..bad 1990 COLORADO LAND SURVEY MONUMENT RECORD fEFOnr ONE MONUMENT ONLY ON THIS FOOM neenonuct ION OF 11115 FORM IS AUTIIOnIZED. All hems to he filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. (Except). 1. TYPE OF MONUMENT , tSection Corner O Bench mark (Check one) Quarter Corner El ,.other 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT MARKINGS. f' F,i O4 REBA& ADO CAP JO; 4 C. COW. 6i. 'r) tl n FOR PE ANif PL 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED by YOU / RS,' \ 70 PERPETUATE THE I LOCATION OF THIS POINT. II / Ss"- 's1¢ V 30I tze(aatz LAD t/ 1 AwrrtT.3v c rr, cp . N A-Rice-Ts As tkioi..sO. as f21 1,93 h 4• SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE 24-" O POINTS STATING WHET IIER FOUND OR SET.SHOW SUPPORTING AND/O CONTRADICTORY EVIDENCE w1IERE APPLICABLE. *hyaE1, LAWS DC dir rat la yy pt, PIAaI./ 0rw 1§xA16REbES N1_s IAtNa Daft iv co '�° # ATE Dale of Field Work Nav, IS t 111 5. CERTIFICATION This is In certify Thal I was in responsible charge of the surveying work described In Ibis record and that to the besl of my knowledge the Informallon presented herein is true and correct, ((ms�Fsa Slgnamr< /'t'"Gl[/.__ ---- Firm Name:1 nr na.e..;n LA.w Less e.l,-..aafl '..IC, Firm Address: E'IGtgt.�octr-, s 0nt_cseAtac, Dane bec— 23 199¢ _ Phone: (30'1 770- s!00 •(Do not fill in) 6. LOCATION DIAGRAM `��w'mutt ` I" 1 Mlle ` f`. ..rq •'� a aAccepted for Filing `\�V .&. [, \•..0 M n r •State Board of Registration for Professional r Engineers . Land Surveyors:rs�,,. I l l_' • 24670 = $ .�� Dale APR 0 i J9 4- ..•••• '{ s RECEIVED AT OFFICE OF TIFF, COUNTY CLERIf; I I //•�Q�NitstrilA kit..��i _COUNTY a ' Location of Surveyor's Seal Monomenl By aa Date I. SEC. „Za , T . R 4.51d, ' P.M. Record to be filed by Index Reference Number, COUNTY INDEX REF.NO. SIJ numerically, then olphnbetieally, under appro. 8. SEC. , T priale Township, Range, and Meridian. R P.M. COUNTY INDEX REF.NO. rT•T+n,xr,TM.n p...., RAMAN tile COLORADO LAND SURVEY MONUMENT RECORD REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. AS Reins to be filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. (Except)• 1. TYPE OF MONUMENT , Ill Section Corner O Bench mark (Check one) ❑ Quarter Corner 0 Other 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT MARKINGS. is'/✓.ua it Rre9AP. ReA412 n kJ,r.e A SET 30"Bs .16 />i ,P (A//rf/ AI 3%g"0/.9m "• GI/M/.1.4..71 CAA Sr, r'n4<-e 44' s/it w.(9. 2.9 r6 A) R6s)r. s21 S2z 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED BY YOU 1 J TO PERPETUATE THE LOCATION OF THIS POINT. AA S 2, S 27 reVNA 40 -5 As S/faw4) 44-Aeu.i a-cri/ es-ARA.FS djp,tws A/sr/Pt-es !1,s /N,O/e4rc4. As „tun 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATINO WHETHER FOUND OR SET.SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. hl c4 17. Oa 1,1Far.un eigiSM''/U.asN-eR N .4.3.3S6 /gen- 763 /1-) airs.:Zra—astA /4v/b4A/sR 4.Z4 Crygl urn Laaallalai '4: p.4JFa al _ AM Sc.AC icaDA.d/va.C.-Pe Date of Field Work /CAF-& /7 /9Q.9 5. CERTIFICATION This is to certify that I was In responsible charge of the surveying work described in this r-. . d that to the best of my knowledge the Information presented herein is true and correct. Cit Signatur "4♦♦_ w.!i nn� �T T T�j�p Firm Name & '' o !%" Y .' Firm Address• / ' Date lm Phone: a :! /I en '''(Do not fill in) U. LOCATION DIAGR +'••'•.•,�PR.T4 si y N 1•'=IMile IS \An State Board of Land i or Promo eetilsio�nnilll�.''t I I ! Engineers and Land"rub 2 9 1994 ( 2 �I N p By i—a t E COLO.ST. AD.OF REG. \ / Date [OR PC AND P + — -I' '� , i I ` RECEIVED AT OFFICE OF THE COUNTY CLERK; "0 Surveyor's Seal COUNTY a = Location of Monument By ' 7. SEC. 2/ . T�, Rat," IrN P.M. Date COUNTY YY:e.00 INDEX REF.NO /3-TRecord to be filed by Index Reference Number, . numerically, then alphabetically, ender appro. 8. SEC. , T , ix. P.M. white Township, Range,and Meridian. COUNTY INDEX REF.NO. Diplome✓Re,IANO ApMn PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SOS 12 FORS BOARD. 6001 Sam Stnk,t Aadim.I'll wawa Sores,perm,CObmd.1+9103 I)al LEm)1.8.2196 REFERRAL LIST Name: Tim Clancy Cast AmRE-614 County Towns & Cities Fire Districts Attorney _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 _Code Compliance_Ann_Beth _Frederick Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services z Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 _Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _ _Big Thompson/FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson Larimer Federal Government Agencies Other _US Army Corps of Engrs _School District RE- _USDA-APHIS Vet Service Central Colo. Water Cons Federal Aviation Admin (Structures RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport Art Elmquist (MUD Area) Federal Communications Comm IR � � � � �� - ntyReferral C APR - 5 2006 D March 30, 2006 COLORADO WELD COUNTY PUBLIC WORKS DEPT The Weld County Department of Planning ervices as - - --. - . . g item for review: Applicant Timothy Clancy Case Number AmRE-614 Please Reply By ASAP Planner Kim Ogle Project Amended Recorded Exemption Legal Lot A & Lot B of RE-614, being part of W2 SE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 64 and approximately 1/4 mile west of CR 43. For a more precise location, see legal. Parcel Number 0808 28 000062 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. 41 See attached letter. Comments: Signature .47-42_ 0(.0 Agency4tizet76...27erteted, j4--rainy" Date ❖Weld County Planning Dept. ❖4209 CR 24.5,Longmont, CO 80504 +(720)652-4210 ext.8730 +(720)652-4211 fax b� Weld County Planning Department SOUTHWEST BUILDING MEMORANDUM APR 17 2006 RECEIVED TO: Kim Ogle, Planning Services DATE: April 12, 2006 • COLORADO FROM: Donald Carroll, Engineering Administrator Bt(/ SUBJECT: AmRE-614, Timothy Clancy The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 64 is a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. WCR 43 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. (Lot B) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The right-of-way or easement shall be a graded and drained road to provide an all-weather access. (Lot A) The applicant shall complete a Weld County Road Access Information Sheet. pc: AmRE-614 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded ExemptionWnRE-614.doc APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name Duke Energy Field Services Phone (970) 356-9700 Address 1324 N. 7th Avenue City Greeley State Co Zip 80631 2. Address or location of access We ld County Roads 41 and 43 Section 28 Township 6N Range 65W • Subdivision Block Lot Weld County Road # 43 Side of Road 65 Distance from nearest intersection 1329.35 ft from WCR 43; 3000.00 ft. from WCR 41 3. Is there an existing access to the property? Yes x No #of accesses 2 4. Proposed Use: ❑ Permanent O Residential/Agricultural ❑ Industrial ❑ Temporary O Subdivision O Commercial O Other *********************************************************************************************************** 5. Site Sketch Legend for Access Description: a. AG = Agricultural I WCR 66 I , 41 „ i. RES = Residential ...5 O&G= Oil&Gas -- acce_s D.R = Ditch Road she--- ratwri A WCR 41 WCR 43 71 WCR 62 I r---- ********..**.********************* OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized O Information Insufficient Reviewed By: Title: 8 Weld County Planning APR 1 3 2006 MemorandivED TO: W.C. Planning, Kim Ogle ' DATE: April 4, 2006 COLORADO FROM: , EH Services, Deborah Blandin CASE: AmRE- 614 APPLICANT: Timothy Clancy Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the larger parcel of this application. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Weld County Planning Department (it Q SOUTHWEST BUILDING APR 1 0 2006 Weld WIlD County ill C March 30, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Timothy Clancy Case Number AmRE-614 Please Reply By ASAP Planner Kim Ogle Project Amended Recorded Exemption Legal Lot A & Lot B of RE-614, being part of W2 SE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 64 and approximately 1/4 mile west of CR 43. For a more precise location, see legal. Parcel Number 0808 28 000062 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature DS-o6 - Deg / Agency Date +Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 +(720)6524210 ext.8730 ❖(720)652-4211 fax t y OFFICE OF COMMUNITY DEVELOPMENT City of Planning Division Greeley 1100 10th Street,Suite 202, Greeley, Colorado 80631 • (970)350-9780 • Fax(970)350-9800 • www.greeleygov.com April 6, 2006 Kim Ogle Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 Subject: AmRE-614 Mr. Ogle: Thank you for the opportunity to review this Amended Recorded Exemption to expand the size of the site where a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural)Zone District is located. The City of Greeley Planning staff has reviewed the application for this Amended Recorded Exemption from Timothy Clancy located adjacent to WCR 64 & approximately 1/4 mile west of WCR 43 and wish to forward the following comments: This proposal is inside the City of Greeley Long Range Expected Growth Area. To help screen this property from surrounding uses and to assist in its integration into an urban setting in the future, it is suggested that landscaping be provided around the site to screen the facility. Sincerely, yd Plann. echnician SERVING OUR COMMUNITY • I T ' S A TRADITION )e promise to preserve andimprove die yua%o/Ale jot-✓-reefey l/irouy/timer courteous and-coil e//ecliue seruiee. Y F- J� • ilk . . . � + . • .. . __.-_ - -.. _ . j - I :r , t r41 L. N Z • 1.1 1 1 {. 1. ,. . ., , . ,,... , . ! I! . ;.,. , , , rill: c �— . ._ ; ^- --- ----- ---- ,.... . , . . _ r ,! "1 e 'b � 0 — • ...„., Fes - . _ ... , : _, ,, ..r., •,_.„.„,,, .. . . •.. . , „...... ...... N O • r D W • . i • 111 •..rte _ -- - . )C)),� • ir• e; _ ' • . t f• i „,>, , . _ ___._ .. • _ • • ....,. . 4. -,-- . _ . ..,Th . t J. • - 4:., .... _:.. _ . - : • . , rC Necs, tm,k, .. t h 4�},' — — — • �6 J► �' _ - --- ___n___.....s......_................(; • E r Niii.,...) : . ..i...._. ._. . • r, tj ,a - 'I! •iK - X' _ '-:JC4 <_ - • - ;1a t LandAmerica Lawyers Title Witwer, Oldenberg, Barry & Bedingfield, LLP. Attn: Tim Clancy 822 7th Street Greeley, CO 80631 Case No. LTWT0001085 "WE'RE HERE TO MAKE IT EASY!" Lvt4,. <4 7-- -45'17 Lawyers Title Insurance Corporation 1023 39th Avenue, Suite A Greeley, CO 80634 LandAmerica FILE NO.: LTWT0001085 PROPERTY: TBD Lawyers Title SELLER: Michael B. Hungenberg and Paul D. Hungenberg BUYER: Duke Energy Field Services, Lawyers Title Insurance Corporation LP, a Delaware limited 1023 39th Avenue, Suite A partnership Greeley, CO 80634 PHONE: 970-351-0007 FAX: 970-351-6633 ESCROW CLOSER: Nancy Lohr DATE: October 19, 2005 We appreciate the opportunity to be of service to you. Please contact the above if you have any questions concerning this transaction. BUYER(S): Duke Energy Field Services, LP Attn: Lew Hagenlock 1324 N. 7th Avenue Greeley, CO 80631 SELLER(S): Michael B. Hungenberg and Paul D. Hungenberg 32500 WCR 41 Greeley, CO 80631 ADDITIONAL COPY 1: Witwer, Oldenberg, Barry & Bedingfield, LLP. Phone: 970-352-3161 Attn: Tim Clancy 822 7th Street E-mail: tclancy@wobb-Ilp.com Greeley, CO 80631 111 LandAmerica® PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information . The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www. landam .com) . You may also visit our website for an explanation of our privacy practices relating to electronic communication . Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us : LandAmerica Privacy P. O. Box 27567 Richmond, VA 23261 - 7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugar/and; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, E/ Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, mg Title Agency, NIA7 Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE Schedule A 1. Effective Date: October 12, 2005 at 7:00 am Commitment No.: LTWT0001085 2. Policy to be issued: Amount A. ALTA Owner's Policy - 10/17/92 $200,000.00 Proposed Insured: Duke Energy Field Services, LP, a Delaware limited partnership 3. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple and Title to the estate or interest in the land is vested in: Michael B. Hungenberg and Paul D. Hungenberg 4. The land referred to in this Commitment is described as follows: Lot B of Recorded Exemption No. 0803-28-4-RE-614, recorded June 21, 1983 in Book 999 at Reception No. 1930971, being a part of West 1/2 of the Southeast 1/4 of Section 28, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. NOTE: Upon compliance with Requirement A, the above legal description will be amended. Premiums and Fees: $884.00 Owner's Policy $25.00 Tax Information Services NOTE: Based on the information provided for the application of this commitment, the premiums and fees stated herein represent the qualifying applicable filed rates and/or available discounted programs. Please contact us should you have any questions regarding any of these charges. Prepared By: Sean Stevens Commitment No. LTWT0001085 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the Office of Clerk and Recorder of the county in which said property is located. NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the proposed insured has notified or instructed the Company in writing to the contrary. NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non withholding). A. Recordation of a properly executed plat or recorded exemption of the land described herein with the approval of the proper governing authorities noted thereon. NOTE: When the above requirement has been complied with, the description at Item No. 4 of Schedule A will be amended. NOTE: This commitment, and the policy to be issued are subject to such further requirements and/or exceptions as may be necessary upon review of the plat by the Company, its agents or subsidiaries. B. Recordation of Statement of Authority for Duke Energy Field Services, LP, a Delaware limited partnership evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity, and containing the other information required by C.R.S. 38-30-172 and/or 38-30-108.5. C. Deed sufficient to convey fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, Item 2A. NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the legal address of the purchaser (not necessarily the same as the property address) be included on the face of the deed to be recorded. NOTE: C.R.S.39-14-102 requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. D. Payment of all taxes and assessments now due and payable. Commitment No. LTWT0001085 SCHEDULE B - SECTION 2 EXCEPTIONS The Policy or Policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. Any and all unpaid taxes and assessments. 7. Any interest which may have been acquired by the public in the 30 feet of subject property by reason of resolution of Board of County Commissioners recorded October 14, 1889 in Book 86 at Page 273, which provides for public roads 30 feet on each side of section lines on the public domain. 8. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded September 13, 1880 in Book 20 at Page 275. 9. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to North Weld County Water District, as described in instrument recorded January 28, 1964 in Book 505 at Reception No. 1427510. 10. Oil and gas lease between Davis Farms, Inc., a Colorado corporation and Chris L. Christensen, Jr. recorded November 14, 1977 in Book 814 at Reception No. 1735808, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by affidavit of Production, pursuant to C.R.S. 38- 42-106, by St. Michael Exploration Co., recorded July 27, 1984 in Book 1038 at Reception No. 1975528. 11. Terms, agreements, provisions, conditions, obligations and easements as contained in Recorded Exemption No. 0803-28-4-RE-614, recorded June 21, 1983 in Book 999 at Reception No. 1930971. 12. Reservations made by Davis Farms Liquidation Trust, as described in deed recorded December 19, 1985 in Book 1096 at Reception No. 2036500, and any interests therein or rights thereunder. Commitment No. LTWT0001085 NOTE: The following notices pursuant to C.R.S. 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No. 2175917. (d) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception No. 1919757. NOTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that: (A) The subject property may be located in a special taxing district; (B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent; (C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise: (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Issued by Lawyers Tide Insurance Corporation COMMITMENT FOR TITLE INSURANCE LandAmerica Lawyers Title Lawyers Title Insurance Corporation,a Virginia corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six(6)months after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Lawyers Title Insurance Corporation has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,this Commitment to become valid when countersigned by an authorized officer or agent of the Company. Lawyers Title Insurance Corporation Attest: By: ‘t. --li•• t At /H ttf ••7 o bq f„?`uE j J President Secretary 4�,: 192515 A EXCLUSIONS FROM COVERAGE 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien, encumbrance, adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment 1966 Lawyers Title Insurance Corporation NOTICE TO PROSPECTIVE INSURED OWNER: Re: Mechanic's Lien and Gap Protection This is to advise that Lawyers Title Insurance Corporation makes available to its prospective insured owners, in conjunction with their Lawyers Title Insurance Corporation policy covering a single family residence, including a condominium or townhouse unit, protection against mechanic's liens. This protection is not automatic nor given in all cases, but is subject to the Company's Underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanic's liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent construction, whether on all of the improvements upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement, if applicable; (c) review of any performance or materialmen's bonds concerning this construction, if applicable; (d) payment of the appropriate charge for mechanic's lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of Lawyers Title Insurance Corporation, or is an independent agent which will be the responsible entity relative to the closing only. 1 'rills FORM IIAS IMPORTANT LEGAL. CONSEQUENCES AND TIIE PARTIES SHOULD CONSULT LEGAL. 2 AND TAX OR OTHER COUNSEL BEFORE SIGNING. 3 4 CONTRACT TO BUY AND SELL REAL ESTATE 5 (VACANT LAND FARM RANCH) 6 7 Date: October 6, 2005 8 9 Purchase Price: 5200,000.00 10 11 1. AGREEMENT. Buyer agrees to buy, and the undersigned Seller agrees to sell, the Property defined below 12 on the terms and conditions set forth in this contract. 13 14 2. DEFINED TERMS. 15 a. Buyer. Buyer, Duke Energy Field Services, LP and/or assigns, will take title to the real property 16 described below in severalty. 17 b. Property. The Property is the following legally described real estate: 18 19 Proposed Amended Lot "A" of RE-614 (less existing Lot "A") as reflected on the attached survey (the "Survey") in 20 the County of Weld, Colorado, commonly known as vacant land together with the interests, easements, rights, 21 benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller in vacated streets and alleys 22 adjacent thereto, consisting of five (5) acres, more or less, except Seller's reserve and except all oil, gas, and other 23 minerals of whatever kind or nature. 24 25 c. Dates and Deadlines. 26 Item No. Reference Event Date or Deadline 1 § 5a Loan Application Deadline N/A 2 § 5b Loan Commitment Deadline N/A 3 �§ 5c Buyer's Credit Information Deadline N/A 4 § 5c Disapproval of Buyer's Credit Deadline N/A 5 § 5d Existing Loan Documents Deadline N/A 6 § 5d Objection to Existing Loan Documents Deadline N/A 7 § 5d Approval of Loan Transfer Deadline N/A 8 § 6a Appraisal Deadline _ N/A 9 §7a Title Deadline See paragraph 24 10 § 7c Survey Deadline See paragraph 24 11 § 8c Survey Objection Deadline See paragraph 24 12 § 7b Document Request Deadline See paragraph 24 13 § 8a Title Objection Deadline See paragraph 24 14 § 8b Off-Record Matters Deadline See paragraph 24 15 § 8b Off-Record Matters Objection Deadline See paragraph 24 16 § 10 Seller's Property Disclosure Deadline 10 days after MEC 17 § 10a Inspection Objection Deadline - See paragraph 24 18 § 10b Resolution Deadline See ara rah 24 19 § 10c Property Insurance Objection Deadline N/A 20 _ § 11 Closing Date See paragraph 24 21 § 16 Possession Date See paragraph 24 i 22 § 16 Possession Time See paragraph 24 I • • 23 27 Acceptance Deadline Date � October ,2005 ;2 '-i § 27 Acceptance Deadline Time 5:00 p.m. 1 7 CONTRACT TO BEY AND SELI. REAL ESTATE Page 1 017 I ; - biitial 28 29 d. Attachments. The following are a part of this contract: Exhibit"A"(survey) 30 Note: The following disclosure forms are attached but are not a part of this contract: Seller's Property Disclosure 31 (Vacant Land). 32 e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The 33 abbreviation "N/A" means not applicable. The abbreviation "MF..C" (mutual execution of this contract) means the 34 latest date upon which both parties have signed this contract. 35 36 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items(Inclusions): 37 a. Fixtures. All fixtures attached to the Property. 38 b. Exclusions. The following attached fixtures are excluded from this sale:None. 39 c. Personal Property. None. 40 d. Transfer of Personal Property. N/A. 41 e. Trade Fixtures. N/A. 42 f. Water Rights. The following legally described water rights: None. 43 g. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: Seller shall receive 44 all growing crops on the Property at Closing. Seller shall have the right to harvest growing crops prior to or after 45 Closing. 46 47 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by 48 Buyer as follows: 49 Item No. Reference Item Amount Amount §4 Purchase Price $200,000.00 2 §4a Earnest Money _ $20,000.00 3 §4b(1) New First Loan 0 4 §4b(2) New Second Loan1 0 5 §4c Assumption Balance 0 6 §4d Seller or Private Financing • 0 7 8 9 §4e Cash at Closing_ _ _ $180,000.00 10 TOTAL $200,000.00 $200,000.00 50 5I Note: If there is an inconsistency between the Purchase Price on the first page and this § 4, the amount in § 4 shall 52 control. 53 a. Earnest Money. The Earnest Money shall be delivered and paid to Seller at time of MEC: in two 54 checks,one in the amount of$10,000 payable to Michael B. Huttgenburg only and the other in the amount of$10,000 55 payable to Paul D. Hungenberg only. The entire Earnest Money deposit of$20,000 shall be applied to the Purchase 56 Price at Closing. The Earnest Money Deposit shall be non-refundable to Buyer in all events other than termination of 57 this Agreement due to Seller's failure to deliver their deed as provided Section 24.3(1). 5S b. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing. plus Buyer's 59 closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic 60 transfer funds,certified check.savings and loan teller's check and cashier's check(Good Funds). 61 62 5. FINANCING CONDITIONS AND OBLIGA'T'IONS. (Intentionally Deletedl. 63 64 G. APPRAISAL PROVISIONS.[Intentionally Deleted]. 65 66 7. EVIDENCE OF TITLE. See Paragraph 24. 67 68 8. TITLE AND SURVEY REVIEW. See Paragraph 2-1. 69 • • CONTRACT TO BUY AND SEI.I.REAI. ESTATE Page 2 of 7 `�7 . . 70 Special Taxing Districts. SPECIAL TAXINC DISTRICTS MAY BE SUBJECT TO GENERAL 71 OBLIGATION INDEBTEDNESS TIiAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX 72 LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH 73 DISTRICTS MAY BE PLACED AT RISK FOR INCREASED NHL!. LEVIES AND EXCESSIVE TAX 74 BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE 75 RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS 76 WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT 77 FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF 78 SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH 79 INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 80 81 9. LEAD-BASED PAINT. [Intentionally Deleted]. 82 83 10. PROPERTY DISCLOSURE, INSPECTION AND INSURABILITY; BUYER DISCLOSURE. On or 84 before Seller's Property Disclosure Deadline (§ 2c), Seller agrees to provide Buyer with a Seller's Property 85 Disclosure(Vacant Land) form completed by Seller to the best of Seller's current actual knowledge. 86 87 11. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date 88 specified as Closing Date(§ 2c)or by mutual agreement at an earlier date. The hour and place of Closing shall be as 89 designated by Buyer. 90 91 12. TRANSFER OF TITLE. See Paragraph 24. 92 93 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before 94 Closing from the proceeds of this transaction or from any other source. 95 96 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their 97 respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. 98 Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Fees 99 for real estate Closing services shall be paid at Closing by ❑ One-half by Buyer and One-half by Seller 100 ® Buyer ❑ Seller ❑ Other 101 102 15. PRORATIONS. The following shall be prorated to Closing Date(§2c), except as otherwise provided: 103 a. Taxes. General real estate taxes for the year of Closing for the Property shall he paid by Buyer. 104 b. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final, 105 106 16. POSSESSION. Possession of the Property shall be delivered to Buyer upon execution hereof and shall 107 continue until closing or termination of the Contract. 108 109 17. SUCCESSORS AND ASSIGNS. Buyer may assign its rights and obligations hereunder. The terms and 110 provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns 111 of the parties. No third parties, including any brokers or creditors, shall be beneficiaries hereof or entitled to any 1 12 rights or benefits hereunder. 113 114 18. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS. [Intentionally 115 Deleted]. 116 117 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document. Buyer and Seller 118 acknowledge that the respective broker has advised that this document has important legal consequences and has 119 recommended the examination of title and consultation with legal and tax or other counsel before signing this 120 contract. 121 122 20. TIME OF ESSENCE, DEFAULT' ,AND REMEDIES. Time is of the essence hereof_ If any note or check • 123 received as Earnest Money hereunder or any other payment due hereunder is not paid.honored or tendcrcd when due. - • CONTRACT TO BliV' AND SEI.I. REAL. ESTATE Page 3 o17 "` ' " 124 or if any other oblieanon hereunder is not performed or waived as herein provided. there shall he the following 125 remedies: 126 a. If Buyer is in Default: 127 ❑ (1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all 128 payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may 129 recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and 130 Seller shall have the right to specific performance or damages,or both. 131 ® (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by 132 Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is 133 agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection 134 c)are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller 135 expressly waives the remedies of specific performance and additional damages. 136 b. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which case all payments 137 and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or 138 Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific 139 performance or damages,or both. 140 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator 141 or court shall award to the prevailing party all reasonable costs and expenses, including attorney and legal fees. 142 143 21. MEDIATION. [Intentionally Deleted]. 144 145 22. EARNEST MONEY DISPUTE. [Intentionally Deleted]. 146 147 23. TERMINATION. In the event this contract is terminated, all payments made to Seller by Buyer shall be non- 148 refundable and retained by Seller and all other things of value received hereunder shall be returned to the party who 149 provided it, and the parties shall be relieved of all obligations hereunder, subject to§ 4a. 150 151 24. ADDITIONAL PROVISIONS. 152 153 24.1 Inspection Period. Buyer, at its own cost and expense, shall have the "Inspection Period" within 154 which to physically inspect the Property, and to conduct its due diligence related to the physical condition of the 155 Property, in order to determine Buyer's satisfaction, in its sole discretion, with the same. The Inspection Period shall 156 commence upon MEC and expire at midnight on the date prior to the Closing Date. Buyer and Buyer's officers, 157 employees.consultants, attorneys and other authorized representatives, shall have the right to reasonable access to the 158 Property at reasonable times during the Inspection Period for the purpose of inspecting the Property and generating 159 the Survey. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for 160 property damage or personal injury caused by Buyer and its agents and contractors in the conduct of such inspections 161 and investigations, other than pre-existing conditions merely discovered by Buyer or its agents or contractors. 162 Buyer's indemnity shall survive closing or termination of this contract. Seller shall reasonably cooperate with and 163 assist Buyer in making such inspections and reviews and in obtaining any governmental approvals of its contemplated 164 use of the Property, provided that Seller shall not be obligated to incur any expense in connection therewith. Within 165 the Inspection Period, Buyer may, in its sole discretion, for any reason or for no reason, elect whether or not to go 166 forward with this Agreement to Closing. If Buyer elects to terminate this Agreement, Buyer shall send written notice 167 of that election to Seller prior to Closing (the "Notice of Termination"), upon delivery of which all rights, duties and 168 obligations of Buyer and Seller hereunder,except any which expressly survive termination, shall terminate. 169 170 Buyer shall have the right during the term of this Agreement to at its expense make application for, pursue 171 and obtain such development approvals and permits as Buyer deems necessary or appropriate in connection with 172 Buyer's planned use of the Property (the "Pre-Development Approvals"), including, without limitation. at Buyer's 173 option. application for(a) an amended Recorded Exemption ("RE") to make the Property a so-called "legal parcel" 174 under the Weld County. Colorado, zoning ordinance and (hi an amended Use by Special Review permit ("USR 175 Permit") to alloy Buyer to expand its processing facility onto the Property and addressing such matters as Buyer. in 176 its sole discretion. determines to be necessary or desirable in connection with Buyers planned use of the Property. In 177 that regard. Buyer may continence development activities upon the Property prior to Closing provided that Buyer 5 promptly returns the Property to its original condition in the event the Buyer does not proceed to Closing Sellcd CONTRACT TO BUY AND SELL RE.AL ESTATE Paged of 7 Init rat 179 agrees to cooperate with Buyer in Buyer's application for, pursuing and obtaining the Pre-Development Approvals_ 180 Seller's cooperation shall include consenting to Buyer executing such applications, documents and agreements and 181 appearing with Buyer before such public bodies as may be reasonably required in connection with Buyer applying 182 for, pursuing and obtaining any such approvals. and taking no action to cooperate with or assist any persons or 183 organizations which may oppose any of the Pre-Development Approvals. Nothing in this Section shall be deemed to 184 require Seller to incur any expense in connection with the Pre-Development Approvals. 185 186 24.2 Title. Within ten (10) days after MEC, Buyer shall, at Buyer's sole expense and cost, obtain a title 187 insurance commitment and policy and tax certificate (the "Title Insurance Commitment") from a title insurance 188 company of Buyer's choosing (the "Title Insurance Company"). Buyer will have through the Inspection Period 189 within which to notify Seller in writing of any conditions, defects, encroachments or other objections to title or survey 190 which are not acceptable to Buyer. Any matter disclosed by the Title Insurance Commitment (other than liens 191 removable by the payment of money), or by the Survey obtained by Buyer which is not timely specified in Buyer's 192 written notice to Seller shall be deemed a Permitted Exception: provided, however, whether or not Buyer objects, 193 Seller shall cause all liens removable by the payment of money(except those that were created by the act of Buyer. its 194 agents or contractors) to he released at or prior to Closing(with Seller having the right to apply the Purchase Price or 195 a portion thereof for such purpose), Seller shall deliver the Property free and clear of any such liens, except general 196 tax liens. If Buyer provides written notice of its objections to title or survey matters, Seller at its option may use 197 reasonable and diligent efforts to cure all such objections on or before the expiration of the Inspection Period or take 198 no action with regard thereto. If such objections to title or survey (other than liens) are not cured by the end of the 199 Inspection Period, Buyer may (i) refuse to purchase the Property and terminate this Agreement; or (n) waive such 200 objection(s)and close the purchase of the Property subject to them. 201 202 24.3 Transfer of Title. Seller hereby agrees to execute and deliver at Closing: 203 204 (1) A special warranty deed in proper form for recording, duly executed and acknowledged by 205 Seller, and insured by the Title Company, so as to convey to Buyer the fee simple title to the Property, subject to 206 general property taxes for the year subject to general taxes and assessments for 2005, payable in 2006; easements; 207 reservations; mineral reservations; conditions; agreements; limitations; exceptions; oil, gas and mineral leases; gas 208 lines, restrictions; covenants and rights of way, all of record or as may exist by use on the premises; and shortage in 209 area, conflicts in boundary lines, and all other matters that would be disclosed by an accurate survey, including, but 210 not limited to, encroachments and boundary discrepancies, subject to all governmental laws, rules, and regulations. 211 and subject to inclusion within any special or general districts; and the benefits, liens and burdens arising therefrom 212 and subject to those matters listed as exceptions in the title insurance commitment. The deed will contain the 213 following mineral reservation: "Grantors reserve unto themselves, their heirs, successors, and assigns and except 214 from this conveyance all oil, gas,and other minerals of whatever kind or character."; 215 216 (2) To the extent applicable, an appropriate assignment instrument transferring. assigning and 217 conveying to Buyer any and all other property rights to he transferred, assigned and/or conveyed to Buyer hereunder 218 but not covered by the special warranty deed; 219 220 (3) Such other documents as Buyer or the Title Company may reasonably request to effect the 221 transactions contemplated by this Agreement. 222 223 24.4 Closing. Closing shall be on a date, time and location chosen by Buyer, upon at least seven(7) days 224 prior written notice to Seller, and in no event shall Closing occur on a date later than March 31, 2006. 225 226 24.5 Commissions/Broker Disclosure. Seller and Buyer represent to each other that neither Seller (in 227 the ease of Seller's representation) nor Buyer (in the case of Buyer's representation) has dealt with nor does it have 228 any knowledge of any broker or other person who has or may have any claim against Seller, Buyer or the Property for 229 a brokerage commission. Finder's fee or like pavmenl arising out of or in connection with this transaction. Buyer 230 agrees to indemnify and hold Seller harmless from any other such claim arising by. through or under Buyer. and 231 Seller agrees to indemnify and hold Buyer harmless from any other such claim arising by.through 01 under Seller. 23 7 233 24.6 Notices / .?r s s-1,..2"/ , CONTRACT TO RIl .-ANU SELL REAL ESTATE Pa,, Initial 234 235 As to Seller: Michael B. Hunecnberg 236 Paul D. Hungenberg 237 32500\VCR 41 238 Greeley, Colorado 80631 239 240 As to Buyer: Duke Energy Field Services, LP 241 Attention: Lew Hagenlock 242 1324 N. 7th Avenue 243 Greeley,Colorado 80631 244 Phone: (970)356-9700 245 Email: ldhagenlock@duke-energy.com 246 247 24.7 Exchange. If Seller requests, Buyer shall cooperate with Seller in effecting Seller's exchange under 248 §1031 of the Internal Revenue Code pursuant to which Seller will sell the Property; provided, however, (i) the 249 exchange shall be at no expense, risk or liability to Buyer; (ii) the exchange shall not delay the Closing for transfer of 250 the Property; (iii) Buyer shall not he required to acquire title to any proposed exchange properties to accommodate 251 Seller's exchange; and (iv) the exchange shall not affect, limit, modify or impair in any way the representations, 252 warranties, covenants or indemnifications made by Seller and all such obligations of Seller shall inure to the benefit 253 of Buyer and shall not be affected in any way by an assignment of this Agreement to effect an exchange. Seller shall 254 indemnify, defend and hold Buyer harmless from and against any and all claims, demands, costs and expenses which 255 Buyer may sustain or incur resulting from the consummation of the transfer of the Property as a §1031 exchange 256 rather than a sale. 257 258 259 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This agreement constitutes the entire contract 260 between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 261 written, have been merged and integrated into this contract. No subsequent modification of any of the temis of this 262 contract shall be valid,binding upon the patties, or enforceable unless made in writing and signed by the parties. Any 263 obligation in this contract that, by its temis, is intended to be performed after termination or Closing shall survive the 264 same. 265 266 26. NOTICE,DELIVERY AND CHOICE OF LAW. 267 a. Physical Delivery. Except for the notice requesting mediation described in§ 21,and except as provided 268 in § 26b below, all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or by 269 Selling Brokerage Firm, and any notice to Seller shall he effective when received by Seller or Listing Brokerage 270 Firm. 271 b. Electronic Delivery. As an alternative to physical delivery, any signed document and written notice 272 may be delivered in electronic form by the following indicated methods only: Z Facsimile ❑ E-mail ❑ None. 273 Documents with original signatures shall be provided upon request of any party. 274 c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in 275 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract 276 in this state for property located in Colorado. 277 278 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing. 279 by Buyer and Seller, as evidenced by their signatures below. and the offering party receives notice of acceptance 280 pursuant to § 26 on or before Acceptance Deadline Date (§ 2c) and Acceptance Deadline Time i§ 2c). If accepted. 281 this document shall become a contract between Seller and Buyer. A copy of this document may he executed by each 282 party-. separately. and when each party has executed a copy thereof. such copies taken together shall be deemed to be 283 a full and complete contract between the parties. 284 288 Isi nature pane immediately lollos's] I '"<±77,41--, �ht CONTRACT 1 O BEY AND SELL. REAL ESTATE rave 0 oI a __ li in,J .?7,q7-, [“l l k. 287 'R`; Dl Kr I'NI-11/ l" 11L1.1) SLRVI( 1S- I P 219 1)clep/are limited pertncrship 290 291 92 293 Dale executed h, Ili v'cr_ b 2) < 29 293 296 307 1-LI_I.k. 299299 % f 300 o w. / / r 300 /r . . ? r—%�� ' � . 7 301 Alichacl 9. I lumgcnbcrc 302 4%;;.., j ' ` 1""'' - \ c 4 3US _ Paul I)- Iium=cnhero 306 Date executed by Sellers_ 307 P9gc 7 of z"� CONTRACT TO Ill Y :UUSF.LLRf::AI LS1,1 FE I NE1/4 SECTION 28 are ��I T6N R65W 6TH PM 3l N 3. ABANDONED MAIN ' TRACK OF THE UNION ABANDONED �� PACIFIC RAILROAD I RAILROAD _ R.O.W. IIHIHIIIIIIHIIIIIIIIIIIII IIIIIIIHIIIiIIIIIIf -- '. ‘.-.4.,_204rs EXISTING — - -' GAS PUNT EXISTING LOT 430.X250' en 0I U (2.468 ACRES) PROPOS V LOT ./.. I 8r* FROM y 832, ,, CL DITCH I *WELL RECORDED EXEMPTION NO. 0803-28-4-RE-614 I (RECORDED O6/21/83 AT PROPOSED LOT ACREAGES B. 999 REC. NO. 193O971) PROPOSED LOT 'A' 8.3 ACRES* W1/2 SE1/4 SECTION 28 PROPOSED LOT 'B' 72.7 ACRES* T6N R65W 6TH PM PROPOSED LOT '8' EXISTING LOT •8- (77.532 ACRES) '.,. r WCR 64 I II r 0• 500' 1000' •• RECIp . i0. 37086 a: ',�, .I....)Ow mo It ,.5�.�„4na d..«., proposal a«.m e,.d a r..:d.A.tJA'. ,N m w,.ra • ` =t _... c\ „'T, end wlrt$ n.r s -A-Sy Nn4'nand to—.—oub3344 b A- .•Aan woe"e c ad MS W se ceml nobly m�m ne�ee.s rn rwn M•u[wid om '.. I.)M A nor.MN w wpaMPer.��wr urw pct.'.mar!AP mn d T.aa error'0 . 4 Ale net m be myebi upon Is du b .s+{ Ma*., n :mlavn.n i.rw • �%�• �s a•••• ••• r. ms,....."50.......ray ay anlon tam+ups.my an..Ma stymy ty,...mummy myr• tin may f Un date el the catelcallen Mewl ham. •rnrwa..CO enEe.wm.a a.m al..w 37°°°.r>ma m error d at w'COTS.'..n2 Ca.aw C I& DUKE ENERGY FIELD SERVICES SUNG' N LEFT HAND CORNER,INC.MA DANE: 0B/27/05 LAND SURVEYING& PPING PROPOSED AMENDED RECORDED EXEMPTION ms: 5242 0803-28-4—RE-614 REVISION: 0 = 77°3C.)..71 W1/2 SE1/4 SEC. 28 T6N R65W 6TH PM ATE: W Q S w , , -Co- 248 ;. 5 Si : ;2°.! i: :et ti ' .- • !iglu' ° ° :IS, I' e 10 ° 1 :` Y 1Fo °8 1[ ¢1• 3 i . .il it d: �i -9 ^ e .yi` �.... . — . ti,-- , M i W V 3 •t, q n" •' } w I • 4 . �V 4 4 t! Q Q a. 4} icy, i ' � , irr: u or kl t z $ 4 s. e5.2 : r .tea ° ♦ o 4 ti v"t e X17. g �'y3,y r • el W ON k la 1 Y'O ( t.A e v 't,, kJ, Row A § r , H 0999 REC 01930971 O6/21/83 13 37 46,00 2/002 F 2366 MARY ANN FEUFRSEEIN CLERK & RECORDER WELD CO, CO RECORDED EXEMPTION NO. 0803-28-4-RE-614 LEGAL DESCRIPTION. LOT a • WEST ONE HALF IWI/2 ) OF THE SOUTHEAST ONE OUARTER (gel /0 ) , SECTION 20, TIN. R60R. LESS LOT A. LEGAL DESCRIPTION: LOT A - A PARCEL OF LAND SITUATE IN THE NORTH- WEST ONE QUARTER (NW1/4 ? , SOUTHEAST ONE OUARTEN (SE1/4) , SECTION 20, TOWNSHIP 2 NORTH, RANGE 45 WEST, OF THE ETH PRINCIPAL MERIDIAN COUNTY OF WELD, SSATE or COLORADO, MORE PARTICULARLY DRSCRISED AS FOLLOWS: CONSIDERING THE EAST LINE OF SAID SECTION 28 AS SEARING NORTH 00e DO. 00" WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, COMMENCING AT THE EAST ONE QUARTER (EI/0) CORNER OF SAID SECTION 22. THENCE NORTH 600 2a' 30" WEST A DISTANCE OF 1320 . 35 FEET ALONG SAID EAST-WEST .?DARTER SECTION LINE WO THE TRUE POINT OF BEGINNING, AND SOUTH RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD. THENCE CONTINUING NORTH 200 20. 3a" REST A DISTANCE OF •30. 00 FEET, THENCE SOUTH 000 02. 37 " REST A DISTANCE OF 232.0• FEET, THENCE SOUTH 642 22 ' 3B " EAST A DISTANCE OF 430,00 FEET, THENCE NORTH 000 02. 37" EAST, A DISTANCE OF 150.00 FEET TO THE TRUE. POINT OF BEGINNING. • SAID ^ARCEL OF LAND CONTAINS 1,17 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL RIGHTS-OF-RAY, EASEMENTS, AND RESTRICTIONS OF NECORO. D. SURVEYORS -CERTIFICATE / 1 HERESY CERTIFY THAT THIS PLAT WAS PREPAR_ , PER MY S VISION AND THAT HE SAME IS CONNE TO THE BEST O M, KIG A • BELIEF. �,j..,/1�]/C�T/�'(1� /F I �e Jar 1 (WE) THE UNDERSIGNED. BEING THE SOLE OWNERS(S) IN FEE OF THE ABOVE-DESCRIBED PROPERTY, DO NERERY SUBDIVIDE THE SAME AS SHORN O TH ATTACH D MAP. • AGESEOSISI THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS 'fl OF C I.LMRF A.D. . 1333. ''O, IIIN.G0 MI ft.!OS CEPIREs My GTm.Ha,POins rib 13141S , TQY-PUBLIC NE r-.41A1 CVWfis 'A,1/ITNESS ME HAND AND SEAL. e C QIOP N AT IS ACCEPTED AND APPROVED FOR FILING. rr , MUNTY COMMISSIONERS #1,1„._ If .1" A.. • - COUN CLERK - ' an ' .- DAT y1/r/�s .s r 1 r k .1 1 @3/28/2006 ©9:44 3035723516 DUKE ENERGY FacaE 02/04 I IUIiI 1111111111111111111111 IIIII 11111 Iii gilt 11111111 2815797 12/2812000 09:52A JA Sukl leukamoto t of 3 !i 15.00 D 0.00 Weld County CO - -- LIMITED POWER OF ATTORNEY `797 KNOW ALL PERSONS BY THESE PRESENTS Duke Energy Field Services, LP, a Delaware limited partnership (the "Company") with its principal office in Denver,Colorado, by these presents does hereby make,constitute and appoint Lew D. Hagenlock, as its true, sufficient and lawful Attorney-In-Fact to act for and in its name, place and stead, for the special purposes and upon the conditions set forth below 1. POWER Awl)AUTHORITY (a) To negotiate,obtain,execute, grant, issue payment for, release and record and/or file in an appropriate manner easements, rights-of-way, conveyances of real property and/or rights-of way and easements, permits, licenses and surface leases and similar instruments, including,without limitation, those necessary for county, state or federal road or highway crossings, ditch,canal or river crossings or railroad crossings, as well as any permits or licenses required from utility companies, together with any documents related thereto required for the ownership, operation, construction and installation of natural gas pipelines of the Company in Colorado. (b) To negotiate, issue and execute drafts and otherwise settle land and/or crop damages related to obtaining the easements, rights-of-way, permits, licenses, surface leases and similar instruments above referenced. 2. TERM The Limited Power of Attorney herein granted shall remain effective until revoked by written instrument filed in the public records of the County in which this Limited Power of Attorney has been recorded. Any attempted exercise of the Limited Power of Attorney herein granted after such revocation shall be null and void. 3. FOJJM OF EXERCISE Documents executed pursuant to the Limited Power of Attorney herein granted shall be valid as the act of the Company only if such documents are executed in precisely the following manner: Duke Energy Field Services,LP By: Lew D. Hagenlock, Attorney-in-Fact 03/20/2006 09:44 33035723516 T _ _ DUKE ENERGv _ PAGE Q?;'04 I11111111111111 1 l 1111111111111111111111 Iii iiil1 I11I{Ili 0 09:52A A 2601 3,8118 020 0 0,00 WeldJCounty CO kamoto 4. DELEQABILITY The Limited Power of Attorney herein granted may be executed only by Lew D. Magenlock, as Attorney-in-Fact on behalf of Duke Energy Field Services,LP, Any attempted assignment or delegation of the Limited Power of Attorney herein granted, or its use for any purpose or purposes other than those herein stated shall be void and shall cause this Limited Power of Attorney to terminate immediately. 5 GOVERNINal.AW The Limited Power of Attorney is executed and delivered in the State of Colorado and is construed in accordance with and governed by the applicable laws thereof without regard to principles of conflicts of laws. 6. SPECIMEN SIGN Set out below is the specimen signature of Lew D. Hagenlock, the Attor:ley-ln-Fact designated and appointed herein. ew D. Hagenlock, . orney-in-Fact 1N WITNESS WHEREOF, this instrument has been executed as of the 1st day of October, 2000. Duke Energy Field Services,LP a Delaware limited partnership -4/ chael J. B adley Senior Vice President / ( / 2 \\de,feOJ.\data\Legal\SHARE;Aefs\PWROFATY\POA.doc 03/28/2006 39: 44 30:x°77'23515 DUKE ENERGY PAGE 93!04 1111111 IFI I11111I 11111 IIIII IIIII 11111 411111111111 2815797 12128/2000 09:52A JA Sold Taukamoto of 3 9 16.00 0 0,00 Weld County CO STATE OF COLORADO ) ) ss. CITY& COUNTY OF DENVER ) Before me, Elaine D. Hegler, a Notary Public in and for said County and State, on this 1st day of October, 2000, personally appeared Michael J. Bradley, known to me to be the Senior Vice President of Duke Energy Field Services, LP, a Delaware limited partnership, on behalf of said limited partnership and acknowledged to me that they executed this Agreement for the considerations and purposes therein set forth. Given under my hand and seal of office on this 1st day of October, 2000.40, i9��Qsi dbcgires: NOTARY PU"BLI -. r,y te , 3 \\denfsO1\data\L.ga1\SHARE\Defs\?WROFATY\POA.doc 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. 1384946 Book 1618 Reception No. 1384947 Book 1618 Reception No. 1740634 Book 819 Reception No. 1931593 Book 1000 Reception No. 1968043 Book 1031 Reception No. 2074586 Book 1132 Reception No. 2074587 Book 1132 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 20th day of March, 2006, at 7:00 am. Order No. LTTL0000689 Lawyer S Title Insurance Corporation • By 2-e ,> , / Authorized Signature File No. LTTL0000689 EXHIBIT A Lot"A" of Recorded Exemption No. 0803-28-4-RE-614, being a portion of the W1/2 of the SE1/4 of Section 28, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, as per the map recorded June 21, 1983 in Book 999 under Reception No. 1930971, Weld County Records. A strip of land 150.0 feet wide situate in Section 28, Township 6 North, Range 65 West of the 6th P.M., Weld County. Colorado, lying between lines parallel and/or concentric with and 75.0 feet distant on each side, measured at right angles and/or radially, of the centerline described in Exhibit A of Quitclaim Deed recorded May 24, 1984 in Book 1031 as Reception No. 1968043; and, said centerline prolonged of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending Easterly from the West line to the East line of said Section 28. q' }r V t • It, .✓ Wv M(A:N ti , Ott 4t+''�Ect .:.K. ''� # x ' Fw.t '�fiS-��sf' n � t'7i` K•`r��ai46°`. ,a{f ^tA`fi+a b * ��k' � * + '4 ��'J , rs ` •,;(,),09, , ,..,,�,„.,• f t�V zt 0 t , �t l' <" mx61S 611/ '1' ra� a .. Red ad r 0 8,d1 �j (�y}.�y��y ,{ 9w Tom^ ' 1, ,' rl �I1t'© ^'Y+fF,��.N3'4�''f "MA n .. l)!' < ,;�,J,•,�.. , u Recorder ' V ileoeption No �. �. , �. r v r: 5 - , $7C T}1ESE !RESENT$ That GRACE M. ROBERTS oS the County _ � .....;-,,,..,,, :', 13.1.742%., ,, < , ,, of Weld and.the State of Colorado, in consideration;of the sum of Tan Dollars,and k. other valiuble. coneideratione ,inharld paid, hereby sell and convey to: it i gpglll►gD Y&7 BAHIN and FN1lNCES E. SABI .,,husband and wife, I r +°y 4:t ' ANiUEpIVLDr.0 0NE_H/iLF (i/2) r . i .t .',"`• ^� ALBERT REISZ a&L)1•UTR E REISZ,• husband and wife, tt a ANUNDIVIDEG ONF<,.FOURTN,(1/4) INTEREST, . - , pp i LOUIS WEIIU;EERRG"and FAY WEINBERG, husband and wife. i' j '. AN;UNDIVIDED ONE-FOURTH (1/10- INTEREST. - tt ✓p r�C' ,ryg t r } j,� in,•and te'thi following resil property,. situate in the-County of Weld, State of it: ',, I.Cp]or'ado, to-Witt The West half;of.Ehe gout t et quarter (W4-SE}) of Section Twenty eiegbt. (28) and.-the North at quarter of the Northeast quartery. . ••(NE}NEI) of Section Thir '-three-(33) all in Township 6 North, ( el, - •Range 65 West of 6th P.M., TOGETHER WITH Subterranean Water ` d Priority No 192SW for 2.22 cubic feet of water per second of time �" as of-June 10, ;1940 as evidenced.by Decree for the-Wallace Pumping i` 'System, certified copy of which-is of record in Book 1372, Page .,' 214 of the Weld County,records;.Allotment of 34 acre feet of water $. € ' i4 from.the works of Northern'Colorado Water;Conservancy District i S''' ,k W'''allotted by the ordi of said District of:record in Book 1045. Page } 3 163 and Page 167 of the;Weld',County records and together with 32 ` Ii III 7 / shares-of-the capital-stock of•.the Caehe la.,Poudre Reservoir Co.; -< , ti, ', : :16.shares of�,the,capital stook`of-.The New Cache la Poudre Irrigating •, - r, ,• • •Co.;:-4 shares of the capital stook of the.Pleasant Valley Lateral t, + ' Co.; 8 shares of the'•capital stock of The Divide Lateral Company; , p `+ 'a preferred water right,'from Fossil Creek Reservoir evidenced by .. _ .q' i . Contract bearing original number 135, Serial number. 1077, AND, ALSO. - - IF all other water rights.and all rights-of-way for the carriage of '' e water appertinent to said land and used for the purpose of irrigation . : ` Sy , of the same howsoever the same may be evidenced or established.• -U -'Il z { with all its appurtenances, and warrant the title to the same, subject to: % `�,• The 1962 tax assessment payable in 1963; the rules and regulations of the Northern . ,4 Colorado Water Conservancy District and the West Greeley Soil Conservation District; :4t the reservations acd restrictions contained in the United States Patent and the _;'* covenants and:'cond tions contained in the deed from Union Colony of Colorado. 1 &it -� Signed and delivered this „ilt1 day of L-1^•-n< - , A.D A.D. 1 1962. o,.; 4. r.. X71 6:27?--ke —r— SEAL) r` STATe OF NEW 2'ERICO ) 0 •,y' 4..r ss c i o'"S - The foregoing instrument was acknowledged before me this•'?!`'/ 1 i i " " j " , 1962 by GRACE M. ROBERTS. m ' r • WITNESS 1:Y HAND and official seal. r L a. 6ion expires, IAM Commission Expires lulY 10. 197 �/ Notary Public N O 4fAa ANT•C DEED _ Statutory Form n 59-Y42 M" ' f., ', �. =i . s' `' :M ��t .4l y `,« 'viii J�pi 1�if y! i l ,:l I I I!3. I.!:,..k•,#0,,,:;:::,-,.• i actu AM a Wo k r 4 q r � 00SYI�d�at t s ;,' t �. { any ,-` + ` et P",7•ft'pY'�" C9,"'iy"SYisar r. W"y r '. .. It'. S �ReceptionlNo .1384u4.. a'3�Si1 .and !{ . tR=, 4 11, # 1`h,%z;.CM&rxn ogrdbri ,'3,7., ':��3,,1$#,t: n , '� i .31444:trar.+ a kfit J 7,.. : 5, tr.-9,- t s M „4y{+ ,y� i. , r'+ J i 4v 1 i:. Ctts 4M =' y t: k `,$- xNOW ALL MEN b�Yt 1I 9`5c4 �` y ` �H sAH =and FRANCIS b � iA 4 EWA. E. SABIN, husband and wife; 'Alan))N 5 +i 4 i ^A'uhbatrl,and wife; and t L ! , ' LOUIS W2INBERG and PAY WEINSERGi,htis t, fA.r tidriti ooh4lderation of the •,,..12:7:,,,,..1, sun of Ten.Dollars and other`val0able cenai fillielott nk'bini paid, hereby sell std • t'i i rz convey to: , ,W , • t.t ROBERT S. DAVIS, of areeiey, Colorado '-• , + rI - ,r all their right, title and interest in and to the follo��w�ing rea1K properMtyt situate , t Li r' in the County of Weld, State',of goloradel,, to vtt14,4O-d .4.,,,,,-;%;.: A, k z ti ` �.. fp 4 l K.. y Mtf M1 ! ,h 1 ,The West half of the Southeast quarter (w ) of, Section Tventy y , ; _ f'`eight (28) and the Northeast, carter of•the'North.. - qquai�ttrr,` S.'a'{' - • (NE-'1r**) of.Section Thirty-three'(33) 112.'in Towdeliip)6 Nortti', ; " •' Range 65 West of 6th;P;M ,-TOGE?H % WITR;Subterrade$n,�Water,Well, k ' • • .Priorit 'No.-192S1 for 2 22 cubic feet ot?vater Per,second,df timss,a, iti r, , `as of June _10, 1940 as,,evideneed.by ecree t1).)1,!,„tbe-Wa><lade Puapidg,"�; t L, System, certified copy'of which is of'ree8'rd•'in Book•1372-,'Paw.ra-,3 , G ` 214 of the Weld County:,reeordO"-;A1lotment;ot 34 ears feeQ otovater \TA „ V4:1.,t:v: from the works of Northern Colorado„Water'Conservancytistri'ct /Ix , , c� }..,, e ,.1 ,1:,_ 6,,e.., iti allotted by the Order'of.aiid'Diatriot 6f`record itHook,1045i Page ,4 163 and Page 167 of the`WeldCoufty recold's and together frith 32 r,?,, ' �- shares of the capital stockof the Cactie'.la PohdreReserv0lrCo ; „ 3 Y 16 shares of the capital stock of The Nev;Caebe,�latPaudre Irrigating � Co., 4 shares of the•capital stook of the'Plesant"7alley Lateral `', . •f2..),;,'•,'•,. + ' Co.;.8 shares of the capital stock of The•:Divide'Iateral Company; ,,, r >r 7r `14 - -;•4"....,,,,'",';',.' ' a� .• a preferred water right from:Fossil Creek;',Reeervoi'f''evidenced bye .Contract bearing original npmber135, Serial number.1077,,AND, A180, „ i ,ry •,' - all other water rights'and all:rightsaf-way'for;the Carriage of L\, , ', ' water. appertinent to said land.and used for the purpose ofirrigation , .J. �' i• •• 11) II' of the same howsoever the same may be evidenced or_established *, with all its appurtenances, and warrant the title to the 'same, subject tot, ,A ` 14. '1 o\\ the 1962 tax assessment payable in 1963; 'the rules and regulations of the Northern b Colorado Water Conservancy District and'''the West Greeley Sol Conservation District; y1 .Viy �l " a the reservations and restrictions contained in the United',States Patent and the S covenants and conditions contained in the deed'from Union Colony of Colorado. {p+A'- O,.J,. O1 _ of A. .D. 1962. `>!31.' .'. , ml y Signed and delivered this ad , ;1�,+' V q , r . , k4 r i ?ii77J ,•4' • . (SEAL) --�/�i1..,�i.c/ .•cif/,...f�Tr (SEAL - Frances E4 Sabin yy , EdD�d/B. Sabi \ iw'r's Al s. ,•1:-, 1i, LG�i>g-(/I • (SEAL) -� (SEAL) ,,: '$� • -`� Ruth E. Reisz y :),,to Albert Reiss e r , /L"ca kr (SEAL) ate',/ (SEAL) ` 0 4 Y B ( ' % � Louis Weinberg Fa nber r i I-• STATE OF CALIFORNIA ) i 1 ' ss • COUNTY OF LOS ANGELES ) 1`' 'I y Al The foregoing instrument was acknowledged before me', .P.C.-.1-' - r day o£ � , 1962 byEdira'rd H. Sabin,. Frances E. Sabin, T. Reisz, Louis Weinberg and Fay Weinberg. $,y WITNESS MY hand and official seal. ,, I y commission expires: ---l= • 5 Notary Pul)} z. F i • WILLARD�M�rr�s� irf N1, • My Cammwlea E.aka ,,.nif,ir,• b a .?;.'4'r,C..•;.91'411'•.411 O K..., ',10.:Zil;TY DEED - Statutor c _ :,.w > , ;. - ar 1q/k1eA _ it lr .e J Yr. .‘;,,I . I ,..i ad' 819 A Recorded of..._ta_._.__ &cMxk _.¢._...M..._JAN 5 1918 .I ' . :x Rec. No 17.4O6 31.Mary Ann Feoenteln, Recorder I r -, 1 PERSONAL REPRESENTATIVES' DEED r ! THIS DEED is made by FRANK STANLEY DAVIS AND BARNARD HOUTCHENS AS PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT S. DAVIS, DECEASED, Grantors, to DAVIS FARMS, INC. , a Colorado corporation, Grantee, CD whose address is 922 10th Street, Greeley, Colorado 80631, .-I WHEREAS, the above named decedent in his lifetime made and e I executed his Last Will and Testament dated August 28, 1971, which „l Will was duly admitted to formal probate on December 26, 1974, by jI the District Court in and for the County of Weld and State of _ - . Colorado, Probate No. P-13356; r, WHEREAS, Grantors were duly appointed Personal Representatives - of said Estate on December 26, 1974, and are now qualified and acting in said capacity; __._ 7 NOW, THEREFORE, pursuant to the power conferred upon Grantors by Article 12, Section 711 of the Colorado Probate Code, and pursuant - "(' to contract for exchange of real estate and consent of devisees, s-',, ti. Grantors sell and convey to Grantee the following real property in M;. - Weld County, Colorado, to-wit: k. F • F The Wt of the SE$ of Section 28 and the NE1 of the r Kok r:' NE$ of Section 33, all in Township 6 North, Range r • 65 West of the 6th P.M. , together with Subterranean >'�' -:f- Water Well Priority No. 192SW for 2.22 cubic feet of � f 9C water ber second of time as-of June 10, 1940, as '� . evidenced by Decree for the-Wallace Pumping System, 4,14'4 _ .�: certified copy of which is of record in Book 1372, -fir .', -- page 214 of the Weld County Records; allotment of F ` 34 acre feet of water from the works of the Northern � 7 ' §` Colorado water Conservancy District allotted by the p3 r: Order of said District of record- in Book 1045, page :41 - 163 and page 167 of the Weld County records, and `' t,. together with 16 shares of the capital stock of the -.-.w., ==- -=- - ` ,i Cache .la Poudre Reservoir Company, 12 shares of the da-f .. - . ^' capital stock of the New Cache la Poudre Irrigating a .,I Company, 4 shares of the capital stock of the Pleasant ` • Valley Lateral Company, 8 shares of the capital stock 4 . of the Divide Lateral Company, 44—, - i a with all appurtenances, subject to reservations, exceptions, kkkk , c restrictions, covenants and conditions created by instruments Piiri 1 of record, rights of way and easements established on the premises or evidenced by instruments of record, and the 1977 taxes payable • ' in 1978. rgyJJ Executed April 21, 1977. 'f r { is �yKR f FRANK STANL1 Y/DAAVZS N"+ A D HOUTCHENS •S' 3 Personal Representatives of the #. Estate of Robert S. Davis, deceased { Ye- _ - 8 STATE OF COLORADO )ss. «,., COUNTY OF WELD ) r .'1.O-•f$tpgoing instrument was acknowledged before me this 21st h 0. p$••Ap'} iri., 1977, by FRANK STANLEY DAVIS AND BARNARD HOUTCHENS a, a :tE SQNA1'4tEPRESENTATIVES OF THE ESTATE OF ROBERT S. DAVIS, ':6SCEAS$Dt - • Oitne5s thy' hand and official seal. ddmmic sti Wy r on expires October 1, 1977. Notar ubl ' 4 i c,4;p• - r y RC . . AR1431593 Rev ti 1000 REC 01931593 06/27/83 15:33 $3.00 1/001 —`- ree F 1164 MARY ANN FEWERSTEIN CLERK & RECORDER WELD co, CO _ _"____- ._ RECORDER'S STAMP This Deed, Made this 22nd day of June , 19 83 between DAVIS FARMS, INC. , I a corporation duly organised and existing under and by virtue of the Larva --- — • `t,n ::cry Forey� - ' of the State of Co i 0 r ado of the first part, s d JUN rZ `7 19p,� Date 1 COLORADO GATHERING AND PROCESSING CORPORATION 5 .78 - - -.•. Ia corporation duly organized and existing under and by virtue of the laws __--- • f die state of Colorado of the second part: WHOSE ' ADDRESS IS: P.O. Box 1022, Boulder, Colorado 80306 - WITNESSETH,That the said party of the first part for and in consideration of the stun of SEVENTEEN THOUSAND SEVEN HUNDRED FIFTY AND NO/100 - ($17,750.00) - - DOLLARS Ito the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby I confessed and acknowledged. bath granted. bargained, sold and conveyed, and by these presents does grant,bargain. ' sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following - _ _ described or parcel of land,situate,lying and being in the said County of Weld - -- - - 11 and State of Colorado.to-wit' - • - - - I Lot "A" of Recorded Exemption No. 0803-28-4-RE-614, being a portion of the West / I • Half of the Southeast Quarter (W1/2 SE1/4) of Section Twenty-eight (28), - Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. , County of — - -' � -- - Weld, State of Colorado, as per the map recorded June 21 , 1983 in Book 999 1 under Reception No. 1930971 , Weld County Records 1 U r TOGETHER, with all and singular the hered tamer,is and appurtenances thereunto belonging, or n anywise. .T.. appertaining, and the reversion and reversions. remainder and r emaindera rents. issues and profits thereof; and all ' ' ‘ I the estate, right, title, Interest, claim and demand whatsoever of the said party of the first part, either its law or /• L. I eq oily,of in and to the:hove bargained premises,with the hereditament, and appurtenances. 1 C: TO HAVE AND TO HOLD the ta:d premises above bargained and described, with the appurtenances unto the fir ;1 said party of the second part, its sucve:sort and assigns forever. And the said DAVIS FARMS, INC., I i , I party of the first par i, for itself, its successors and assign:, dont covenant, grant• bargain and agree to and with the I said party of the second part, its successors and assigns, that At the time of the ensealing and delivery of these Ares- -. -- - - mitt it is Sell seized of the premises above row/tired, as of good, sure• perfect absolute and indefeasible estate of inIeritance, in law, in fee simple, and bath goof right full pusscr and lawful authority to grant. bargain, sell and Iunivey the same in manner and form aforesaid, and that the same arc free and clear from all former and other • ' - - Kants,bargains,sot<v fears, taxes,assessinem, and incumbrances of whatever kind or nature soever. SUBJECT TO taxes for the calendar year 1983 and subsequent years, Covenants, Conditions, Restrictions, Reservations, Easements, Rights and Rights of Way of Record; and the above bargained premises in the quiet and peaceab le post ion of tI a said party of the second pare its sub - - - <cs.nrs and assigns ab oust all and every person or persons lass hilly claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. " v IN WITNESS WHEREOF. The said party of the first part bath caused its corporate name to be hereunto sub" scribed by its president,and its corporate seal to be he reranto affixed, uttesled by its scerela y day and year first ahos•e written. A ',$(6at .A.e.9 S DAVIS FARMS, INC.,,a Colorado corporation sC Ic, • $e^"airs ll>F STANLEY DAVIS, r,sadess and, O A' ni ,Ic OF COLORADO. I Thai rma .f the Board rr s ..c,an:y tar Weld ) I! - i 'LAs Jplegow; i,truinent was acknowledged before Tile il.s 22nd day of June It a,�'t293'„aarrrnk.,„Stanley Davis as President and Chairman as Presidentand I: ' `'o-•"e rfie Board of Mavis Farms, inc. , a Colorado as Secretary of ', — E•'Gxf t'. ` Gam• ror erasion. .- } k J a corporation. a• 2 7 - L lily notarial commission canoes March 6, 1986 >< (] Witness my hand n and official seal. I 2 b a .. I., i Q / Notaq par bit >� G 1e." 1212' 8th Avenue ,�„ r � t 1' Greeley, Colorado -----"_ No.767.WARRANT,'DEED--irarnenttan to c rvo„1.:t nr.dbrd t WAphlsr Co.isnd-a Wool Street.Des Cdur,du_s.ta k! ,Y i�4' adDES !YC'- - _ --.-•.- i 1, N s AR3968043 g 1031 REC 01968043 05/2144/ ,/,6 10:57 S30.U0 1/Gi0 F 1003 MARY ANN FEUERSTEI ERK 6 RECORDER WELD CO, CO :' - ORIGINAL C.D. No. 532.38-13 • QUITCLAIM DEED ��.// THIS DEED, Made as of the /2ii day of , 19 %7, between UNION PACIFIC RAILROAD COMPANY, a c poration duly organized, incorporated and existing under and by virtue of the laws of the State of Utah, Grantor, and COLORADO `' - GATHERING & PROCESSING CORPORATION, a corporation duly y " organized, incorporated and existing under and by virtue of � .. the laws of the State of Colorado, Grantee: WITNESSETH, That the said Grantor, for and in con- sideration of the sum of ninety-nine thousand dollars ($99,000.00) in hand paid, the receipt whereof is hereby confessed and acknowledged, does hereby REMISE, RELEASE and QUITCLAIM to the Grantee, its successors and assign3, forever, all its right, title and interest in and to the real estate situate in the county of Weld, State of Colorado, described in Exhibit A, hereto attached and hereby made a part hereof. - ` . This deed is made SUBJECT to the following: (a) It is expressly understood that the subjacent support of the premises described in Exhibit A may - have been impaired by mining operations heretofore — carried on beneath the surface thereof, and the 6, sale and conveyance of said premises is upon the condition that Grantor, its successors and assigns, t^ ; - shall not be liable for damages resulting therefrom: _.' _ — (b) Any and all applicable orders and regulations imposed by public authority, whether federal, _ state or local, and any and all easements, restric- tions, reservations, encumbrances and outstanding rights recorded or unrecorded and exceptions, ' r„servttienz and cuuditiunN contained in prior deeds (or open and obvious on the -ground) ; and (c) All taxes and all assessments levied upon or assessed prior to April 29, 1983, against the premises des- cribed in Exhibit A shall be payable by the Grantor; all taxes and all assessments levied upon or assessed '_ alter. April 29, 1983, against the premises described in Exhibit A shall be payable by the Grantee; and the Grantee assumes and agrees to pay, or to reim-- bursa the Grantor for, if paid by it, all such trxes and assessments levied upon or assessed after i April 29, 1983, against the premises described in Exhibit A. 1. r . s B 1031 REC 01968043 05/24/84.'. 10:57 $30. 00 2/010 F 1004 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO A: AND WHEREAS, Union Pacific Railroad Company did, on the first day of June, 1940, execute and deliver to The Chase National Bank of the City of New York a certain mortgage deed wherein and whereby the Railroad Company conveyed to The Chase National Bank of the City of New York as Trustee for the uses and purposes therein mentioned, among other things, the land described in Exhibit A; and WHEREAS, The Chase National Bank of the City of New York was, on the 31st day of March, 1955, merged into ' the Bank of the Manhattan Company under the name of The Chase Manhattan Bank, and thereby The Chase Manhattan Bank became successor to The Chase National Bank of the City of New York as Trustee of such mortgage, and on September 23, 1965, The Chase Manhattan Bank was converted into The Chase Manhattan Bank (National Association) and its name changed thereto without affecting the continuity of its business or corporate existence. Such bank is hereinafter referred to as The Chase Manhattan Bank . NOW THEREFORE, Know All Men By These Presents, that THE CHASE MANHATTAN BANK, Trustee under the aforesaid -: mortgage deed, in consideration of the premises, does hereby REMISE, RELEASE and forever QUITCLAIM, subject, however, to the provisions aforesaid, unto Colorado Gathering & Processing Corporation, its successors and assigns, forever, its entire right, title and interest as Trustee in and to the real estate described in Exhibit A, to be held by the Grantee free and exempt from all liens, encumbrances and charges of such mortgage deed of the first day of June, f•_ 1940. This deed is executed by the Trustee without covenant or warranty, express or implied, and without recourse against it in any event . The Recitals herein contained are made upon representation of the Grantor and _ the Trustee assumes no responsibilir.y therefor . IN WITNESS WHEREOF, the Grantor, UNION PACIFIC RAILROAD COMPANY, and THE CHASE MANHATTAN BANK, Trustee 1r, akt k.i 2 i7. i4- y R,.; o .0 sirw rA ,(*-- 1t V4-•' `k�f'#,3') i eiL;CST ufli. r5mJ 5$-424., t f s. :2.v a'£ >s .. et;k ,,,s,,-,..,4,if 71—t .,:l '- -r- •. a..es s ' "y �b'l''' '')' .'J'' J s-: .. '1';' j`}'Fh ,_ t1.."4„,,, n ?7 .fi x ,.i�r'ti3'l,bn"'f+n . , �"�'+ r.. ,.h.ex . r,- .• ...wt c :: 4, '' <...a' �[ t ' :. ,t, ,,,,,_,,,_,/,_,________. .--,----... . ' ,.•.s t =t --,--- .40;y4•4-...:..., ;I, 1940, each has c sed this • ® under mortga 1ged� p. ets pa1t as of the /2II day of deed title ,t�i�.Y/ „� „ . Attest: �' i UNION PACIFIC RAILROAD COMPANY, • Assistant S cr 111 Chief Executive Officer (Seal) THE CHASE AANNHH��TTAN BANK Atte t: C (Nat ' a Associar'on) , Trustee By,- _- As stant ecreta y Vi e A siden s e/r%4JS. r 1,' `` III B 7.031 REC 01968041 05/21/0; ; p: 5 3/010 S30. Ofi 1305 NARY ANN FENERSTEIN CLERK & RECORDER WELD CO, CO .ga S 11 c;l D Y, ar sct^ r +�/ai-- Y 0 ® B 1031 REC 01968043 05/24/84 10: 57 $30. 00 CO, CO 4/010 F 1006 MARY ANN FEUERSTEIN CLERK & RECORDER VP3LD• STATE OF NEBRASKA) ) ss. COUNTY OF DOUGLAS) The foregoing instrument was acknowledged before• me. this day of , 19 /Y by Mr. J. C. KENEFI • CK, Chief Executive Officer of Union Pacific Railroad Company, a Utah Corporation, on behalf of the corporation. ngerag9ff/iet_EY,uMI1Nn,h Notary Public P.E.rim:MI Ellr 0maw.Eip DK,.11.1885 (Seal) jck 4 -- — - - _-- a4 B 1031 REC 01968043 05/24/84 10: 57 $30. 00 5/010 F 1007 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ' ® STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK) 7r/ / On this d / day of IgDr.'L , 19 87, before " r Mt me, a Notary Public in and for said County in the State afore- , //�� n _ said, personally appeared T/1. PA-�ne , to me personally known, an_' to me personally known too be a Vice President of THE CHASE MANHATTAN BANK (National Association) , and to be the same person whose name is subscribed to the foregoing instrument, and who, being by me duly sworn, did say that he is a Vice President of The Chase Manhattan Bank (National Association) ; that the seal affixed to said instrument is the corporate seal of said corporation; and that said instru- ment was signed and sealed on behalf of said corporation by authority of its Board of Directors; and the said I 1. A' P v acknowledged said instrument to beII his free and voluntary act and deed, and the free and voluntary act and deed of said corporation, by it voluntarily executed, for the uses specified therein. x "' , r- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission expires MAR 30 1985 . /I __-- 'h . r(.(�c.. Ji. EF _. Notary Public 1 DELLA Ni. ICI L Fn (Seal) Notary Public D'•'r ,I Vnk York No. p-1 tC •pl }...` Duo lifed in Krone C.only - -- , 11 Certlficaie Filed In New York County ��, Commiwrion Enka ea March C.lag_ .= 5 - A. ,i r ra•• y k .�...........,.. :. .,- _v - .Vern.n.«..z.IP,es..wnfAR.i'w-11'i'h-rtafeavk!{.is'famv- .r V r l �L rr M s �0 1 M/105 EXHIBIT A 1 lb C.D. No. 53238-13 Q 1 U.P.R.R. CO. xp Weld County, Colorado (Greeley Branch) • - B 1031 REC 01968043 05/24/84 10: 57 $30. 00 6/010 . i • F 1008 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO '1e A strip of land 150.0 feet wide situate in Section 28, • M T. 6 N. , R. 65 W. of the 6th Principal Meridian in Weld County, O Colorado, lying between lines parallel and/or concentric with and 75 .0 feet distant on each side, measured at right angles and/or radially, of the he centerline" ndi . ' N. G said centerline prolonged of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line to the east line of said Section 28. X V\/, k Containing an area of 16.02 acres, more or less. Also, all that part of the W/ NW' of Section 27, T. 6 N. , R. 65 W. of the 6th Principal Meridian in Weld )Aii - : County, Colorado, which lies south of a line drawn parallel with and 100. 0 feet distant northerly, measured at right 1 angles, from the hereinafter described centerline of the abandoned main track of the- Greeley Branch of the Union r--, c, - nailrtv"d CO'........ as formerly con_t.-“,-ted and operated and extending easterly from the west line to the east line of said W1 NW;; Containing an area of 5.08 acres, more or less. Also, a strip :IT land 200.0 feet wide situate in the E; W% of Section 27, T. 6 N. , R. 65 W. of the Sixth :' ' betwe ■ Rri.ncipal Meridian in Weld County, Colorado, lying between lines parallel with and 100. 0 feet distant on each side, measured at right angles, of the hereinafter described a . • centerline of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated and extending easterly from the west line to the east line of said E1/2 W1; 4 Containing an area of 6.08 acres, more or less. 0. Also, a strip of land 150.0 feet wide situate in the E% of Section 27, T. 6 N. , R. 65 W. of the Sixth Principal Meridian in Weld County, Colorado, lying between lines v,_ .-, parallel with and 100.0 feet distant on each side, measured at right angles, of the hereinafter described centerline of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, vs e . - . -- >, .,. _ '' . ".-g14 . ... . • , 2 M/105 ® . and extending easterly from the west line to the east line of the E' of said Section 27; • Containing an area of 9 . 14 acres, more or less. Also, all that part of the N1 SW of Section 26, T. 6 N. , R. 65 W. of the '6th Principal Meridian in Weld County, Colorado which lies northerly of a line drawn parallel ' and/or concentric with and 75 . 0 feet distant southerly, measured at right angles and/or radially, from the hereinafter F described centerline of the abandoned main track of the ' Greeley Branch of the Union Pacific Railroad Company, as { formerly constructed and operated, and extending easterly from the west line to the east line of said N1 SW/; - • Containing an area of 8.40 acres, more or less. Also, all that part of the N1 SE; of Section 26, T. 6 N. , R. 65 W. of the 6th Principal Meridian in Weld County, Colorado which lies northerly of a line drawn parallel with and 100. 0 feet distant southerly, meas Q of uredatright _ angles, from the herinafter described _ abandoned main track of the Greeley Branch of the Union Pacific Railroad Company as formerly constructed and operated and extending easterly from the west line to the east line of _ said N1/2 SEI ; Containing an area of 10. 66 acres, more or less. Also, a strip of land 150.0 feet wide situate in the S1/2 NE; and N/ SE; of Section 25, Tn 6 of N. , R. 6th Pa i.^al 6 and dc the W1 W of Section 30, R. Meridian all in Weld County, Colorado, lying between lines parallel with and 75 , 0 feet distant on each side, measured at right angles, of the hereinafter described centerline of the abandoned main track of the Greeley Branch of the Union. Pacific Railroad Company as fcrmcr-y - ucted and operated and extending easterly from the north-south centerline of said Section 25 to the east line of the W; W1 of said Section 30. Containing an area of 12 . 58 acres, more or less. Also, a strip of land 200.0 feet wide situate in the EI W1/2, S1/4 NE/ and N1 SE; of Section 30, T. 6 N. , R. 64 W. of the 6th Principal Meridian in Weld County, Colorado, lying between lines parallel with and 100. 0 feet distant on each side, measured at right angles, of the hereinafter described centerline of the abandoned main track c. the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line of the Ey W11 of said Section 30 to the east line of said Section 30. B 1031 REC 01968043 05/24/84 ] 0: 57 $30. 0 010 F 1009 MARY ANN PFUFRSTFIN CLERK F RECORDER WELD CO, CO - ry a r Y1 i ,. e ,. • rY .w.*s ♦ a r ,i W y a '.'" r, 't!-Re.t -WJ ': fir 3 „.444, -' �1 ,rata . c'.1, _ ._•L.C=m` H...,, .d#��r , . . i.;. ate,z.$—' ,- _ g,zz+2�'x.. .x-. wr 1,-. w. . . .•,, 0 . - . i • M/105 3 O Containing an area of 18.21 acres, more or less. Also, a strip of Land 150. 0 feet wide situate in the 411/4 of Section 29, T. 6 N. , R. 64 W. of the 6th Principal Meridian in Weld County, Colorado, lying between lines parallel with and 75.0 feet distant on each side, measured at right angles, of the herinafter described centerline of the abandoned main track of the Greeley Branch of the Union • Pacific Railroad'Company, as formerly constructed and operated, and extending easterly from the west line to the east line of said W1. Containing an area of 9. 11 acres, more or less. Also, all that part of the S; NE; of Section 29, T. 6 N. , R. 64 W. of the 6th Principal Meridian in Weld County, Colorado, which lies south of a line drawn parallel and/or concentric with and 100.0 feet distant northerly, measured at right angles and/or radially, from the hereinafter described centerline of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company as formerly constructed and operated, and extending easterly from the west line to the south line of said S; NE;. Containing an area of 1.84 acres, more or less. Also, all that part of the NW' SE`, of Section 29, T. 6 N. , R. 64 W. of the 6th Principal Meridian in Weld rnl„rario, which 14n .,c..—t ,a, l ,, of c Line dra::n parallel with and 100.0 feet distant southerly, measured at • right angles, from the hereinafter described centerline of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line to the east line of said NW; SEt,,. Containing an area of 4. 55 acres, more or less. • Also, all that part of the NE SE', of Section 29, m, T. 6 N. , R. 64 W. of the 6th Principal Meridian in Weld County, Colorado, which lies northerly of a line drawn parallel and/or concentric with and 75 . 0 feet distant southerly, measured at right angles and/or radially, from the hereinafter described s• centerline and said centerline prolonged of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line to the east line of said NE/ SE';. Containing an area of 4. 79 acres, more less. �^r . The above described parcels of land contain a total ;.. area of 108.46 acres, more or less. hu=;C B 1031 RFC 01968043 05/24/34 10 : 5; $30. 00 8/010 *5 ;�.. F 1010 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO u RAN Z .�. _.._.. - _ _ V.� A.t••y`' N/105 4 Said centerline of abandoned main track, hereinabove referred to, is described as follows: Beginning at a point in the west line of said Section 28, T. 6 N. , R. 65 W. , which is 35.3 feet north of the west quarter-corner thereof: thence southeasterly along a straight line which • forms an angle of 84°30' from south to southeast with the west line of said Section 28, a distance of 55.9 feet to the beginning of a tangent curve, concave northerly, having a radius of 5, 729. 65 feet and a central angle of 3°27' ; thence southeasterly along said curve, a distance of 345. 0 feet;• thence southeasterly along a straight line tangent "to the end of the last described curve a distance of 4,938. 7 feet to a point in the east line of said Section 25 which is 84.8 feet distant north, measured along said east line, from the east qua. ,.... corner thereof; thence continuing southeasterly along the extension of the last described line a distance of 5,312 . 6 feet to a point in the east line of said Section 27, T. 6 N. , R. 65 W. , which is 51. 1 feet distant south, measured along said east line, from the east quarter-corner thereof; thence continuing southeasterly along the exLeiesion of the last described line a distance of 397. 9 feet to the1111 be ....: n o f a tangent curve, no-therly, ha, ng radius of 8, 594 42 feet and a central angle of 2°38' ; thence easterly along said curve, a distance of 395 . 0 feet; thence easterly, along a straight line tangent to the end-of the last -described curve, a distance o-f-4,S-00.3 feet to a point in the east line of said Section 26, T. 6 N. , R. 65 W. , which is 72 . 7 feet distant south, measured along said east line, from the east quarter-corner thereof; thence continuing easterly along the extension of the last described line a distance of 5, 233 . 7 feet to a point :r in the east line of said Section 25, T. 6 N. , R. 65 W. , which is 35.0 feet south, measured along said east Line, from the east quarter-corner thereof; C thence continuing easterly along the extension of the last described line a distance of 5, 073 . 7 feet to a point in the east line of said Section 30, T. 6 N. , R. 64 W. , which is 51. 7 feet south, measured along said east line, from the east quarter-corner thereof; '' j:tV t ; B 1031 NEC 01968043 05/24/84 10: 57 $30.00 9010 F 1011 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Y.. ..ma.,u..rt. .. '.,.,e.n.es.sradygrotnitauala "fr.averkaLA2as :e 'i riem:r y ,r, �.. ,�:[3,. :.d ..s`Y.a,3, tY .',[• 3:>:.., ..5.5s4-'ii 3h-"• :TMt'K. O,,,�. M/105 5 thence continuing easterly along the extension of the last described line a distance of 4, 176. 1 feet to the • beginning of a tangent curve, concave southerly, having a • radius of 8, 594. 42 feet and a central angle of 4°16' ; -- thence southeasterly along said curve a distance of • 640.0 feet; • thence southeasterly, along a straight line tangent to the end of the last described curve, a distance of 472 . 6 feet to a point in the east line of said Section 29, T. 6 N. , •' R. 64 W. , whJ ^.h is 2, 526.9 feet distant north, measured along said east line, from the southeast corner thereof and the end of the centerline hereby being described. Office of Chief Engineer Omaha, Nebraska May 9, 1983 P 1031 REC 01968043 05/24/84 10: 57 $30. 00 10/010 1.072 MART NN FEGERSTEIN CLERK & RECORDER WELD CO, CO f , • • • k 1 5 n' 1 1 9 t 91d i „if,u c r'+.+,r t rx�w �kn N,u � .t r :.:s' s i '�na{"'J�,p�r�x�,z l� L' . . „h-Nxr�f `93:� a"�S ,e,.c e�'i s__u.r#v :`�rro r'^fl• .kF5`S: 5'.4, . '"3i f� /;��' ,.._ . ... mF "�ic``"'`ff�t '3Y . b 1132 REC 02074586 10/24/86 16:20 $90.00 1/030 ' F 2084 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO '1:.'1 ) " n _ h SPECIAL WARRANTY nEE.I2 Store Oocumentory Fee '•'',' AND Dote.1Q.tafie- 7F‘. 0° »' • RIJ,ii OF SAL? $ 30...00....... 36 k c. z AR2074S86 !?i THIS SPECIAL WARRANTY DEED AND BILL OF SALE is executed ,k ^ and delivered on the date set forth below, effective October 25, t � ; 1986 at 8:00 a.m. (the "Effective Time" ) , by COLORADO GATHERING & 'g PROCESSING CORPORATION, a.k.a. Colorado Gathering and Processing ,'� Corporation, 1020 28th Avenue, Suite 207, Greeley, Colorado 90637 ("Seller") to and in favor of NATURAL GAS ASSOCIATES, INC. , 1801 Broadway, Suite 1200, Denver, Colorado 80202 ("Buyer") .• / { ', ( , /0, 1. For and in consideration of the sum of $ 300 nno . v {r , paid by Buyer to Seller, Seller hereby sells and conveys to Buyer 4, -'; the real property interests described on Exhibit "A" attached :" }; hereto and made a part hereof together with all buildings, fixtures, pipelines, and other improvements situated on, in, and r`,: ,•. under said lands, or otherwise appurtenant thereto. 2. For the same consideration, Seller hereby sells and r conveys to Buyer all personal property, goods and chattels located upon or used in connection with said lands. a'. • y. 3. For the same consideration, Seller hereby sells, Vl; conveys and assigns to Buyer all of Seller's right, title and l, , II interest in and to the easements, permits, licenses and rights of , way described on Exhibit "B" attached hereto and made a part hereof together with all seller's right, title and interest in !, r and to all buildings, fixtures, pipelines and other improvements and personal property, goods and chattels situated on, in and under said lands or otherwise appurtenant thereto. . 4. Except as to those matters set forth in Exhibit "C" attached hereto and made a part hereof, Seller warrants and agrees to forever defend the title to the above-described real and personal property interests against all persons claiming or to claim the same (or any portion thereof) by, through or under -- < Seller; provided, however, that Buyer shall be subject to such surface restoration obligations, notice provisions, or other i- ` restrictions and/or conditions as may be imposed by the te/r�y6 of s/the instrument(s) creating its interest in such asset , ,, 0 WY't V7D/ ( 1�� , Executed and delivered October 24 ,. 1986, effective as `c' x i of the Effective Time. is COLORADO GATHERING & PROCESSING -z g,. CORPORATION a.k.a. Colorado I / , , Gathering d Processing r Al4W1.`,,, corporat'on f' t " jr: ril _ By // . A re fy, : Tho)nas Wilson Bell,c -_.-:_ .#6.-.C---C # r sident ' ,-, a ,at . i. '< .: s<. "%.,r9eai. t1 ,, ..it, f :', •`fit B 1132 REC 02074586 10/24/86 16:20 $90.00 2/030 F 2085 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO J . ! !'. "mot L STATE OF COLORADO ) 'r '' s S. COUNTY OF DENVER ) '� The fo�;eaoi�lg instrument was acknowledged before me J. //710 Y Goober? ,, ,,...• as Wilson Bell, as President and on '',,, rl behalf of Colorado Gathering & Processing Corporation a.k.a. c-s Colorado Gathering and Processing Corporation. tit Witness my hand and official seal. "; •••. sr my commission expires: (,•h b." 1-„_r��-CZ'<�,Si / !� }, Notary Public ' A Ya y • a , S:C. k 'S t is Yl. i1h iF s y 'Y 1 4.m 4/i ^i7,,./. 14 j� 4 k n14 a ti �..Y 1 �, ';��y r � ley m Y .]' s 1 j c k� f� L'' J 4! * T a Ij e 1� li -•d r df r.tiG'� r ,..1F: ._ . • EXHIBIT A B. SPE dI+_ ..&E . NTH' ASS7TS 1 . Eee_yei'' tte_pe`.y Asset. - (A) The following real property, located in Weld County, Colorado, which was conveyed to Seller from Union Pacific Railroad Company by a Quitclaim Deed recorded May 24, 1984 in Book 1031 at Reception Number 1968043 in the records of the Clerk and Recorder for Weld County, Colorado : All that part of the W1/2 NW1/4 of Section 27, T. 6N. , R. 65W. of the 6th Principal Meridian in tceld County, Colorado, which lies south of a line drawn parallel with and 100 . 0 feet distant northerly, measured at richt angles, from the hereinafter described centerline of the abandoned main tract of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated and extending easterly from the west line to the east line of said W1/2NW1/4; containing an area of 5 . 08 acres, more or less . Also, a strip of land 200. 0 feet wide situate in 1 the E1/2 Wl/2 of Section 27, T. 6N. , R. 65W. of the Sixth Principal Meridian in Weld County, Colorado, lying between lines parallel with and 100 . 0 feet distant on each side, measured at right angles, of the hereinafter described centerline of the abandoned main tract of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated and extending easterly from the west line to the east line of said E1/2 W/12; 0 Containing an area of 6 .08 acres, more or less. Also, a strip of land 150 . 0 feet wide situate in the E1/2 of Section 27, T. 6N. , R. 65W. of the Sixth Principal Meridian in Weld County, Colorado, lying between lines parallel with and 100 . 0 feet distant on each side, measured at right angles, of the hereinafter described centerline of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line to the east line of the E1/2 of said i Section 27; Containing an area of 9 . 14 acres, more or less . -32- B 1132 REC 02074536 10/24/86 16:20 $90. 00 3/030 F 2086 VARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO fC._f{Rs J7 ., �°- k t pc"•'C r �"J aw�I. r.��7l'7� � rr:.v 1 �... '�:y •f •z�Y�. �.n. .. i�"f�j• l f'''''',Li`,. '; Y r { { i , f ./ t.% 1 ...,ii:'-'. 11 7� � s [ �'`r i f� " r t S . , 1 v f ti f 1 I ':1 i t Ir I HI (1 't c,*;;;;; { R 1132 REC 02074586 10/24/86 16: 20 $90. 00 4/030 F 2087 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO I Also, all that part of the N1/2 SE1/4 of Section 26, T. 6N. , R. 65W. of the 6th Principal Meridian in Weld County, Colorado which lies r northerly of a line drawn parallel with and 100 . 0 feet distant southerly, measured at right angles, from the hereinafter described centerline of the abandoned main tract of tha Greeley Branch of the Union Pacific Railroad Company as formerly constructed and operated and extending easterly from the west line to the east line of said N1/2 SE1/4; Containing an area of 10. 66 acres, more or less . Also, a strip of land 150 . 0 feet wide situate in the S1/2 NE1/4 and N1/2 SE1/4 of Section 25, T. 6N. , R. 65W. and the W1/2 W1/2 of Section 30, T. 6N. , R. 64W. of the 6th Principal Meridian all in Weld County, Colorado, lying between lines parallel with and 75 .0 feet distant on each side, measured at right angles , of the hereinafter described centerline of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the north-south center line of said Section 25 to the east line of the W/2;4/2 of said Section 30. containing an area of 12 .58 acres, more or less . Also, a strip of land 200 .0 feet wide situate in the E/2W/2, S/2NE/4 and N/2SE/4 of Section 30, T. 6N. , R. 64W. of the 6th Principal Meridian in Weld County, Colorado, lying between lines parallel with and 100 . 0 feet distant on each side, measured at right angles, of the hereinafter described centerline of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, •and extending easterly from the west line of the E/2W/2 of said Section 30 to the east line of said Section 30. Containing an area of 19 . 21 acres, more or less . Also, a strip of land 150 . 0 feet wide situate in i.i1 t R. 64W. ,_::e /2 of Section 2C _ . �6N of the e 6th Principal Meridian in meld County, Colorado, lying between lines parallel with and 75. 0 feet distant on each side, measured at right angles , of the hereinafter described centerline of the abandoned main tract of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line to the east of said W1/2 . -33- 1 a +'�'lip y P :'h � £"t,� t +; 'Vi4t 31 i} @ri t. 1} t'' I h j• ita tt . d a a ui , C; l d• Fe.? 'i e I 4 a , ��y�� r+,�f o, "[Jtjr y r., t •t y �i }StC l � iM1y+ t ' t1� i.I). f :l , •+et ,. ! ! 1M ��3 i• �YF �j � , lA4 tI l e �. t r y rr �I Tian i , rlxr .,� .. ! D +m r t i4 e1"s- �! d4 ' to b/W5r. 9z J • 51 .: f 4�' ' M li> 1i • blx�f ai Y a ai �1 r y!_ , �Y 17 Jt� ,�} n� , �� a la S� }} e � { ,rl,t ,, ,.19 7 �+ �u � it i ,s �! ,� ,ti1f „,, a 1i.i�. 1=. I ^'. . ,l. ,:.id. r y 4r•.' 4 1{� . ;! t., 444.i.k.._ J .£ •S«;c t.-1�ifai .�'+ 1{ 5}'p�.�.�L, ..,ik,CY ikP ,7, .:u; B 1132 REC 02074586 10/24/86 16: 20 $90.00 5/030 F 2088 MARY ANN FEUERSTEIN CLERK. & RECORDER WELD CO, CO Containing an area of 9 . 11 ac-as, more or less . Also, all that. part of the Si .S1 . 2 / + of Section 29 , T. 6N. , R. 64W. of the 6th Principal Meridian Weld Count', Col Colorado, which .es south of a line drawn parallel and/or concentric tth and h ngle feet distant northerly, and/or measured at ;ght angles • / radially, from the hereinafter described centerline of the abandoned main tract of the Greeley Branch of the Union Pacific Railroad company as formerly constructed and operated, and extending easterly from the west line to the line of said S1/2 NE1/4 . south Containing an area of 1 .84 acres, more or less . Also, all that part of the NW1/4 S E1/4 of Section 29, T. 6N. , R. 64W. of the 5th Principal Meridian. in Weld County, Colorado, whicl, lies northerly of a line drawn parallel with and 100 . 0 feet distant southerly, measured at right angles, from the hereinafter described centerline of the abandoned main track of the Greeley the Branch of Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line to the east line of said `W1/4 SE1/4 . • Containing an area of 4 . 55 acres, more or less. Also, all that par'*,. of the NEi/4 SE1/4 of Section 29, T. 5N. , R. 54W. of the 6th Principal Meridian in Weld lies County, Colorado, which lies northerly of a line drawn parallel and/or concentric with and 75.0 feet distant southerly, measured at right angles and/or radially, from the hereinafter described centerline and said centerline prolonged of the abandoned main track of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and extending easterly from the west line line of said NE1/4 SE/4 . to the east Containing a:: area of 4 . 79 acres, more or less . Said centerline of abandoned main - hereinabove e re: track, __ CO, _s described as follows ; 'jr'=. Bec n - a- point `�. =ing � a ir, the west line of Section 28 3 said �'. u' I. , R. 65W. , tdhiC:, is 35 f of the west r 3 feet nor,..:. Cad�;:e r-Cprner thereof: 54 St tSSSCJSSESSSr r •,i I_ rcy. 1 t• R 1132 RFC 02074586 10/24/86 16:20 $90. 00 6/030 F 2089 MARY ANN FEUERSTFIN CLEPA S RECORL'ER WELD CC, CO thence southeasterly alona a straight line which forms an angle of 84°30 ' from south to southeast with the west line of said Section 23, a distance of 55 . 9 feet to the beginning of a tangent curve, concave northerly, having a radius of 5 , 729 . 65 fee: and a central angle of 3°'27 ' ; thence southeasterly along said curve, a distance of 345 . 0 feet; thence southeasterly along a straight line t_n.gont to the end of the last described curve a distance of 4 , 939 . 7 feot to a point in the east line of sal Section 28 which is 84 . 3 feet distant north, measured along said east line, from the east quarter--corner thereof; `hence continuing southeasterly along the extension of the last described line a distance of 5, 312 . 6 feet to a coint in the east line of said section 27 , _ . 5N. , R. 65W. , which is 51 . 1 feet distant south, measured along said east line, fro::'. the east quarter-corner thereof; thence continuing southeasterly along the extension of the last described line a distance of 397 . 9 to the beginning of a tangent curve, concave northerly, having a radius of 8,594 . 42 feet and a central angle of 2°38 ' ; thence easterly along said curve, a distance of 395 .0 feet; thence easterly, along a straight line tangent to the end of the last described curve, a distance of 4, 500 . 3 feet to a point in the east line of said Section 26, T. 6N. , R. 65S4 , which is 72 . 7 feet distant south, measured along said east line, from the east cuarter-corner thereof; thence continuing easterly along the extension of the last described line a distance of 5, 233 . 7 feet to a point in the east line of said Section 25, T. 6N. , R. 65W. ,r which is 35 . 0 feet south, measured along said east line, from the east quarter-corner thereof; thence continuing easterly along the extension of the 135t described line a distance of 5 , 073 . 7 feet to a poi.n. the east line of said Section 30, _ . 6N. , 2 . 64X. , which is 51 . 7 feet south, measured along said east line, from the east quarter-corner thereof; thence continuing easterly along the -35- --_—_—___...-.....�.,.�wnmrlemsn]5V2�dlVTe.9AL '?P"`,•"^. �3�ft — �-r t1F 1-• Axh- e Yst. �pp .�� ri tt aA�� x+ten' t�4 di� �#µ ti 441.l� t ,.'1 '1 P:4444,..4 tr t' )j1a ( + , 1 x, } �Lr' al e t s Yr ! r a f u� Fe x .�� 1`q ,(r .. ft � i r ins ^ +t ,i d ai X1 :1. � tlyv�#' d@ t � h R r ♦, • tl 1 1 r 1 r' 7 7y ,� CY1�'� ! IC i .. PI; . WO, ��` ��M ;l eae10�r C .c:K ! rr� �£, r � �,� t f� e �1V t. v''r'„vir ilYi.t: M E" „ s :-)ma x f fi.d' ,. E 1132 RFC 02074586 10/24/86 16: 20 $90.00 7/030 F 2090 MARY ANN FECF.RSTEIN CLERK & RECORDER WELD CO, CO extenuion of the last described line a diutanca of • 4 , 175 . 1 feet to the beginning of a tangent curvii, concave southerly, having a radius of 8, 594 . 41 feet and a central angle of 4° 16 ' ; thence southeasterly along said curve a distance of 640 . 0 feet; thence southeasterly , along a straight line tangent to the end ch the last described cure:;, a distance of 472 . 6 feet to a point in the east line of said Section 29 , T. 6N. , R. 64W. , which is 2, 526 . 9 feet distant north, measured along said east line, from the southeast corner thereof and the end of the centerline hereby being described . 35--A e. �q;r.;`_ �..^ -1 1 7Ai:�. 1} y .a.' ... 11{^}W�i 't,, �1 �1 �6V.s y a I j 1 •.; • B 1132 RC 02074586 10/24/86 16: 20 $90.00 30/030 F 2113 MARY ADN FEUERSTEIN CLERK & RECORDER WELD CO, Co ii- EXHIBIT C B . The following exceptions pertain to those real property interests listed as Special Warranty Assets in Exhibits A and 1 . Seller has authorized Coors Energy, Andrau Enterprises & Wichita Industries (now Lyco Energy) to use certain portions of the strip of land acquired by Seller from UPRR east of Section 28, T6N-R55W, for construction and operation of a tank battery and pipeline. 2 . Seller has authorized certain landowners whose land abuts the strip of land accuired by Seiler from UPRR to use certain portions of such land for agricultural and/or road purposes . .if a ii r �` t ! ., O1,4-,!,•:',!?!' ' '_p+ }..<W {( "u!,°6r F i- !':'!"-I-•'-7.---•.!.••1,1,:.- F 1 I •y9p ! , .. •.,f ' , B 1132 REC 02074587 10/24/86 16: 21 $15.00 1/005 - ,. F 2114 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO = D1 9 A 1220800�,0 GEhF,RAl, WARRANTY DEER S+ t.. (Y*cumenrary Fee qi, AN 1 Dm- .A.Ocsa7•{.-$lo.. B_?LL_OF SALE AR/2074587 -` THIS GENERAL WARRANTY DEED AND BILL OF SALE is executed and delivered on the date set forth below, effective October 25, 1986 at 8:00 a.m. (tie "Effective Time") , by COLORADO GATHERING & c 0 PROCESSING CORPORATION a.k.a. Colorado Gathering and Processing Corporation, 1020 28th Avenue, Suite 207, Greeley, Colorado 80637 ( "Seller" ) to and in favor of NATURAL GAS ASSOCIATES, INC. , 1801 a Broadway, Suite 1200, Denver, Colorado 80202 ("Buyer" ) . , •// !' ; 1 . For and in consideration of the sum of $ lsoc' err paid by Buyer to Seller, Seller hereby sells and conveys to Buyer =r , the real property interests described on Exhibit "A" attached tit - -.e hereto and made a part hereof together with all buildings, fixtures, and other improvements situated on, in, and under said lands or otherwise appurtenant thereto, including without limitation that certain trailer field office (Scotsman Mfg. Co. Serial No. C083-23-S-51020) . j, 2. For the sane consideration, Seller hereby sells and . conveys to Buyer all of seller's personal property, goods and � chattels located upon or used in connection with said lands. 0 j 3. Seller warrants and agrees to forever defend the o title to the above-described real and personel property interests a against all parties claiming or to claim the same (or any portion thereof) subject only to those matters set forth in Exhibit § n 0. v attached hereto and made a part hereof. VI /, � w 0:00AV t , Pr I.v. fr. t o Executed and delivered October 2,rf,, 1986,., effective as p ec of the Effective Time. �. " W J 'L{ I i- COLORADO GATHERING & PROCESSING w CORPORATION a.k.a. Colorado c o Gathering.,and Processing b ,ATTEST., Corporat n o C :" r. 0: BY t /•.-- ---(712.2/ ‘-------- w > ".S a X i ThOMas Wilson Bell, Preisident '[s ea3'f. ' = f `:' m STATE OF COLORADO ) t•fN ) ss. z COUNTY OF DENVER ) N = The fo,recgoing instrument was acknowledged oefore me October.-'/The by Thomas Wilson Bell, as President and on ,.be,half of Colorado Gathering & Processing Corporation a.k.a. ' ., C'olprhdo Gathering and Processing Corporation. ' ,^TA '• � Witness my hand and official seal. expires:i F•'i t.'. ,,, f31 �G : My commission (, rs; cn .. Notary Public B 1138 REC 32030028 12/10/86 10:30,..___$15.00 1/005 sr _*4 ,.. -; e ' _yd�tri d i! .' ' .. ' . . ,,: y ti r, t, - ns'wq'W. , B 1132 REC i074587 10/24/86 16:21 $15. 2/005 Q • • F 2.115 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9 EXHIBIT A REAL PPOP°RT1 3-• is A. GENERAL. ;'ARK.AN.M.A.Ss Is. 1. Eat_Feat oron=f;/-Asseit (A) The following real property, located in Weld '9 County, Colorado, which is owned it fee simple by I` I T Seller . _ ¢ . W Lot A of Recorded Exemption No. 0803/-28-4-RE-614, a." being a portion of the West Half of the Southeast Quarter (W1/2SE1/4) of Section Twenty-eignc (28) , Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, as per the map recorded June 21, 1983 in Book 999 ;: under Reception No. 1930971, Weld County Records. ` (B) The following real property, located in Weld County, Colorado, which was conveyed to Seller from ,_ Union Pacific P road Company by a Quitclaim Deed recorded May 24, _184 in Book 1031 at Reception + r Number 1968043 in the records of the Clerk and Recorder for Weld County, Colorado: _ A strip of. land 150.0 feet wide situate in 3ectio, o 28, T. 6N. , R.65W. of the 6th Principal Meridian in. � - F Weld County, Colorado, lying between lines parallel 2 and/or concentric with and 75.0 fent distant on each side, measured at right angles and/or -- f! radially, of the hereinafter described centerline o and said centerline prolonged of the abandoned :gain tract of the Greeley Branch of the Union Pacific w Railroad Company, as formerly constructed and operated, and extending easterly from the west line u to the east line of said Section 28. -�- + W j Containing an area of 18.02 acres, more or less. ( U 0 Said centerline of abando..ied main track, j. hereinabove referred to, is described as follows: 1 2 Beginning at a point in the west line of said ( 0 Section 28, T.6N. , F.65W. , which is 35.3 feet north of the west quarter-corner thereof: L I.1. ' thence southeasterly along a straight line which • H z forms an angle of 84°30' from south to southeast ;- '4 d s with the west line of said Section 28, a distance " I+ ce of 55.9 feet to the beginning of a tangent curve, zconcave northerly, having a radius of 5,729. 65 feet —� and a central angle of 3°27' , vl �I thence southeasterly along said curve, a distance { i II of 345 .0 feet; n thence southeasterly along a straight line tangent ') • to the end of the last described curve a distance Ji! of 4,9'8.7 feet to a point in the east line of sal '_ ' } 1 _ Section 28 which is 84.8 feet distant north, U: measured along said east line, from the east �' n . quarter-corner thereof; 'o-'a A 1138 REC 02080028 12/10/86 10:30 $15.00 2/005 ° H ,� F 0377 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -, fr r ' r • B 1132 REC 02074587 10/24/86 16: 21 $15.00 3/005 • F 2116 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B TITLE EXPEPTioN9 / B 1138 REC 02080028 12/10/86 10:70 $15.00 3/005 P 9 '. F 0378 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO A. The following e,:ceptions pertain to those real e c' property interests listed as General Warranty Assets in Exhibit A. F• a ,o Rights or claims of parties in possession not o shown by the public records. 2 . Easements, or claims of easements, not shown J by the public records. a w 3 . Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any '.. o facts which a correct survey and inspection of the premisoo would dioclooa and which are not nhown by the public record('. ol o4. Taxes for the year 1986 and subsequent years, o not yet due and payable. 5. Rights of Way for County Roads 30 feet wide on 1' - rc either side of section township lines, as o r established by the Board of County w Commissioners for Weld County, recorded - -'8 c October 14, 1889 in Book 86 at page 273. Z 6. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power lines, telephone lines, water lines, railroads and rights of way and easements °c' - therefor. _ . 9 7 . Right of way easement granted. to North Weld County Water District by Robert S. Davis, ' . recorded January 28, 1964 in Book 505 under { Reception No. 1427510, Weld County Records, for the right to construct pipelines over or under said property and to place, operate, .. repair, maintain, relocate and place the: eon, - `- q a water transmission or distribution line or system, said easement being more particularly �° described as: An easement Twenty (20) feet in pp width lying adjacent to and immediately North of the county road right-of-way, said county I, road being located along the south side of ! fh A Sr 9 r U i + I 1 p }tit • 8 B 1132 REC 02074587 10/24/86 16:21 $15.00 4/005 i F 2117 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Section 28, Township 6 North, Range 65 West o: the Sixth Principal Meridian; said easement tc i;. extend from the East line of the West 1/2 of '. .> the SS 1/4 of said Section 28, excluding from said easement the westerl/ 300 feet of the ,.r. . West 1/2 of the SE 1/4 of said Section 28. 8. Oil and gas lease dated February 5, 1982, , 1i. • executed by Davis Farms, Inc. , a Colorado = Corporation, as lessor, and St. Michael O Exploration Co. , as lessee, recorded a February 12, 1982, in Book 960, under Reception Number 1882957, for a primary term • N of Three 3) years and as long thereafter as m oil, gas, other hyarocarbons or other minerals are produced from said land hereunder, or i, g drilling or reworking operations are conducted e. It! thereon. 0 w 9 . Oil and gas lease dated August 4, 1577, m executed by Davis Farms, Inc. , a Colorado O Corporation, as lessor, and Chris L. V o Christensen, Jr., as lessee, recorded k- November 14, 1977 in Book 814 under Reception a No. 1735808, for a primary term of Five (5; years, and as long thereafter as oil, gas, O other hydrocarbons or other minerals is produced from said land hereunder, or drillinc y or reworking operations are conducted thereon. z _I' • An Affidavit of Lease Extension of the above w Oil and Gas Lease was recorded July 27, 1984 in Book 1038 under Reception No. 1975528, Weld County, Colorado records . II II u 10. Terms, conditions, provisions and obligations as contained in instrument entitled a Use by Special Review for a Natural Gas Processing -9 . _.. Plant, recorded November 30, 1983 in Book 1014 I underReception No. 1948471, Weld County, IColorado records. d �'. -' I 11 . Lease dated. September 10, 1985, between _ I ' al Colorado Gathering and Processing Corporation tP _, i and Western Gas Supply Company, recorded September 30, 1985 in Book 1086 under ' ... t.C Reception No. 2026664, Weld County, Colorado . records. 12 . Right of ;day granted by Colorado Gathering & Processing Corporation to St. Michael <• Exploration in Sections 27 and 28, T6N-R65w fl for construction and operation of a natural --.; gas pipeline. _ 1 B 1138 REC 02080028 12/10/86 10:30 $15.00 4/005 1 : F 0379 MAP? ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO u -i, i.. �,+ 0e4µ+ f'✓x� rc 4n �, r { 7 9 r i `.7 ' v Z 4, L f - N i� +,p' t�S t' }� y ali , • 3:. L .A I,: k '' 0 k a.. 1.. b:s , ,ail ti � �e Y f p . : v G t , • •}, p • A 1132 REC C2074587 10/24/86 16:21 $15.0O 5/005 • F 2118 MARY ANN FEUFRSTEIN CLERK 6 RECORDER WELD CO, CO 13 . Seller has authorized certain landowners whose, y ; land abuts the strip of land acquired by Seller from 0?RR to use certain portions of such '_and for agricultural and/or road I purposes . -f $15.00 5/005 b 1138 REC '2080028 12/10/86 10:30 z F C330 MARY ANN FEUERSTEIN CLERK & RECORDER WELL CO, CO o I ? a U H c q C W U W K O V t It O • I W K U ICC ' 2 W II C �y. I-- N t N = ,? r' Iu 1 > t y 1 ., T r y . • •1 11, - 1 1A : ' ] ♦ f I 1 4 Y - .. et✓ a i A :'Fa t d 51.4n.bd T 15 Y_:�c 7� .-„ - i� • e...... k'u Q , yr V4 Jut 10:04 me 97" 378 6380 DUKE ENERGY - P/ PAnic 01/24/2004 TOE 14:46 Fir . J332657 Duke ENERGY boo: 002/002 BOARD OF DIRECTORS ca- pcar�' NORTH WELD COUNTY WATER DISTRICT couHn P.O.Box SpAnt ronpacw 33247 HWAY 85 �� Go 13 `Makt18 WATER MANAGER now•065E17 DISTRICT LUCERNE COLORADO 80848 • RAF"PRIOA Picea men swans , FAX 1970)3y3aaar - nears . 0sneMt/p a1ErNICE mmBeSe 31495 WCp, 43 GREELEY, CO 80634 MllZallIlIl • PA> OEA6Y FIELD SERVICES. Deny Bang&Cush&nee inquires to • 1324 N. 7TH Avgr1V2 — JAN 0: 970-356-3020 GRE3LeY, CO 80634 . owPenelty7sappdiodifpeymtst is 4 received for 45 days, Ramo des stub with your payment • MACS The6t:you.Silli4 Gy P S SB LD P KV]CB3, 1biC 1811000 3141495 WCFt 43 LS?. CO 80631 it/13/]003 12/15/2003 CREEProw.Race Cum Ns Usatst Urdt tarevious atlas:me weaot 11/24/200] Payment 12/15/2003 standard Tap 343.20 CU=iene 991 1 992 - 260.20 Amou tt itcal 21.00 Total Amount Due 21.00 CCOUNT Ur 01000 RESOURCE RC 84.o0 0055 DATE ill rr P . CT '-e=�I 0013 En • GROUP# Eft OPERATE >t a S ()CATION CATEGORY _ DESCRIPTION APPROVED BY(/i �A��.• DATE/ e Bates Water rata increases fictive January 2004;S2.2 /K l-522.50 fAIninum me ': :' Rental of 1.000 Acre Foot Rental Rater 229,096 125 'r�-; <.' ' Transferred crater 0 {, " Allocation Adjustment 0 ,P� Less TT!, tinge o = Ramaints,9 Allocation 31.000 • Jan seMar _ _ .,_c� 19t,on • AP, MI; Jun Jul Aug ` sT Oar N•• Ow NORTH WSLO COuw7Y WArat D er - PA•wax'ASiw7 WSwar sE LIJC6trie.co90s.e. ow _ �aeJQ70•MAC 970.31154110 •E+Mt.:wIM®rnpp�9 \ 1 _ _ - .. ..� avG ZJ . O.7 rite do, 0 / 0t3 .1oV DUKE ENERGY - Pa " per{ wi nt:-A. ngs r1Hr 1 t.; ,4 fill 004 La e f� �- 'Cr' i ObF' INDIVIDUAL SEWAGE DISPOSAL SYSTEM YSTEM PERMIT NO , G -9ua0?WELD COUNTY HEALTH DEPARTMENT REPAIR' PERMIT ENVIRONMENTAL HEALTH SERVICES i516 6 HOSPITAL ROAD , GREELEY , 353-0635 EXT , _'25CG 80&31 NER Cf]LO , GATHERING PRQC . ADDRESS 1020. D�G 28TH AVf, . SUITE ;-,'� 7 PH ' -- . DRESS OF PROPOSED SYSTEM 31455 43 GkEELEY , � a4.3 } 3 c, � j S 1 ��5 WCR . . . co, DRESS 2064041 („ �� i.. DESCRIPTION ICtNGREELEY , C O 80 31 - _ ' T OF SITE :: E2 , BDTVIS' �: f7N : SEC 28 7WF' C TYPE : COMMERCIAL 6 F'NJr b5 GAS PROCESSING PLANT LOT 0 D1_ O l{ 0 FILING RVIC �'a : PERSONS 5 BATHROOMS -�BEDROOMS 200 SIZE 0 BASEMENT PLUMBING NOLt1TWATER SUPPLY l� � ACRES ' PLICATION FEE $35 . 0{? Nt��i,►.I5 . CID DY RECEPTIONIST AID DATE. 02/ 10/86 SIGNED BY MIKE KETTERL ING DATE 02/ 10/26 •r, C(3LATIL7Pt RATE Q. �� _ MIN IL C T S PER INCH LIMITING ZONE QUIRES ENGINEER DESIGN ,, PERCENT GROUND SLOPE �7 FCF7` (Iii THE APPLICATION �__ ix DIRECTION S INFORMATION SUPPLIED AND THE ON-SITE V E FOLLOWING MINIMUM INS SPECIFICATIONS INSTALLATION ARE 1;r;QUIRE�j : r1ERt:�=�LArIQiV SEPTIC TANK _f,$ oo GALLONS , ADSORPTION TRENCH DATA OR - S . FT . cult rivi AI�DT1" It7N , THIS PERMIT IS SUBJECT Tt7AB ABSORPTION BED 74? uA DITIO _...___ _______ FOLLOWING A 1=r , __ IiVG ADDITIONAL TERMS A, D IS PERMIT - - _ ___ N �e�p sly THIS PERMIT Y BL REVOKED OR SUSPENDEDED TEMPORARILY TO ALLOW CONSTRUCTION __ - _ -_ 1YTH IN E WELD FY THE WELD I _ NSTRUrrIQN TO i Gry FOR . NTY INDIVIDUAL SEWAGE TY OSHEALTH SDEPARTMENT MEG REGULATIONS SEAN"Oi�S ISET NG ILLl1?E TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING i 'RUVEL.. • E IS TE SIMPE DISfiG„AL Ys'T1'11 REI;ULATItJNY PROVAENT TH II OF THIS PERMIT DOES NOT CON TITUTE ASSUMPTION INCLUDING EMPLOYEES OF LIABILITY FOR 'TH ASSL1MpTIfJNyRrHNRL WAGE= DISPOSAL SYSTEM , It P � � AILURE • Ctk Ind I EQ ACY' uF THE 4 e S2 7- t;�,. ? rte' - ,,..� �r a . ENVTROnMENTAJ_ PECIAE ` r -- ... _ �'_ IS PERMIT IS NOT TRANSFERABLE - x � T DATE T COMMENCED WITHIN AN _ AND SHALL BECOME VOID IF IS OMMEN D WELD COUNTY OF ITS ISSUANCE . NG CONSTRUCTION VA !-(�} c' IS P RMIT THE aD NTY HEALTH DEPARTMENT BEFORE HE RIG T FINAL O APPROVAL I7—' CONDITIONS REQUIRED TORrIi T RESERVES THE NIGHT O •. F1' iJAi. PERMIT APPROVAL MEET OUR TO IMPOSE ADDI - ONAL FINAL IS CONTINGENT UPONTHEEFINALIINSP ON A ECTIONUOFITIEJING BA — S , ioY THE WELD COUNTY HEALTH DEPARTMENT . THE COri-- I � 1 ' Hello