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HomeMy WebLinkAbout20063269.tiff Page 1 of 1 Esther Gesick From: Tara Lloyd [tara@stsan.com] Sent: Tuesday, November 28, 2006 4:12 PM To: egesick@"co.weld.co.us." Subject: St Vrain Sanitation Info Dear Sir or Madam, There has been several letters etc. that are being sent to our old address. Could you please update your records with the correct information below? Thank you! Tara Lloyd St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 P-(303) 776-9570 F-{303) 485-1968 www.stsan.com tara@stsan.com r 2006-3269 11/29/2006 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: A pvit1 .O_ _ �QC t"�__.l1CtSCG.'t76►'73 35 Qnd '3?4r 7. _ .__ Z$ , o4 +Iv Ct' P M-__ 4 \AJ A } S#ut-L 0-F G2to►7zdo _r_'i estr^F7G_L2. e~C:._4.SG'rbed.__c�r't Parcel Number 2 b 4 .`.,_Q- � Q_._ �, _ ( e of ed Jh (12 digit number-found on Tax I.U.information,oblainablo at the Wald County Assessors Office,or wwri,c.o Nil*.a<,usl (Include all lots being included in the application area.Ir additional space is required,attach an additional sheet) THE UNDERSIGNED,being first duly sworn,states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred(500) feet of the property being considered. This list was compiled from the records of the Weld County Assessor. or a person qualified to do the task,and shall he current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. ry ..., Title: /-)d;e/ :r . ./4/;: r The foregoing instrument was subscribed and sworn to me this L'?4day of c006 WITNESS my hand and official seal. My Commission Expires:, • ._� • * • ,"r , of Notary Public -15- Additional Parcel#of the Property: Parcel#: 120736000031 Parcel it: 120735000051 Parcel#: 120736000025 Parcel if: 120735000049 Parcel#: 120735000039 FILING 1 LEGAL DESCRIPTION BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 35 AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 TO BEAR NORTH 89°16'34" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 89°16'34" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2655 85 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 35: THENCE SOUTH 00°15'20" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35,A DISTANCE OF 55.00 FEET; THENCE SOUTH 89°16'34" WEST, ALONG A LINE FIFTY-FIVE (55) FEET SOUTHERLY DISTANT, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1456.22 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 90°00'00",A RADIUS OF 30.00 FEET AND AN ARC LENGTH OF 47.12 FEET; THENCE SOUTH 00°43'26° EAST, A DISTANCE OF 111.66 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 01'18'53",A RADIUS OF 4955.00 FEET AND AN ARC LENGTH OF 113.69 FEET; THENCE NORTH 87°57'41"EAST,A DISTANCE OF 109.01 FEET; THENCE SOUTH 50°07'05"EAST,A DISTANCE OF 69.11 FEET: THENCE SOUTH 69°46'00"EAST,A DISTANCE OF 60.21 FEET; THENCE SOUTH 03°46'16"EAST,A DISTANCE OF 94.48 FEET; THENCE NORTH 86°13'44" EAST, A DISTANCE OF 149.31 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 41°19'I1", A RADIUS OF 180.00 FEET AND AN ARC LENGTH OF 129.81 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°54'49", A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 10,71 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL. ANGLE OF 40"5121",A RADIUS OF 75.00 FEET AND AN ARC LENGTH OF 53.48 FEET; THENCE NORTH 37'29'27"EAST,A DISTANCE OF 5.00 FEET; THENCE SOUTH 73°31'08" EAST,A DISTANCE OF 164.75 FEET; THENCE SOUTH 61°07'26"EAST,A DISTANCE OF 157.31 FEET; THENCE SOUTH 24`48'50"EAST,A DISTANCE OF 43.13 FEET; THENCE SOUTH 48°0717" EAST,A DISTANCE OF 54.86 FEET; THENCE SOUTH 79°08'52"EAST,A DISTANCE OF 153.32 FEET; THENCE SOUTH 43°21'18" EAST.A DISTANCE OF 140.45 FEET; THENCE SOUTH 09'06'23"EAST,A DISTANCE OF 94.88 FEET; THENCE SOUTH 25°20'11"EAST,A DISTANCE OF 59.10 FEET; THENCE SOUTH 43"14'31"EAST, A DISTANCE OF 154.88 FEET: THENCE SOUTH 58"06'36"EAST,A DISTANCE OF 55.69 FEET; THENCE SOUTH 24°33'40"EAST.A DISTANCE OF 20.00 FEET; THENCE SOUTH 01°19'37"EAST,A DISTANCE OF 123.47 FEET; THENCE SOUTH 51'07'56"EAST,A DISTANCE OF 77.49 FEET: THENCE SOUTH 84°21'50"WEST,A DISTANCE OF 148.73 FEET; THENCE SOUTH 23°48'02"EAST, A DISTANCE OF 187.06 FEET; THENCE NORTH 76°08'48"EAST,A DISTANCE OF 111.68 FEET; THENCE NORTH B6'41'46"EAST,A DISTANCE OF 186.69 FEET; THENCE SOUTH 51°56'43"EAST,A DISTANCE OF 111.93 FEET; THENCE SOUTH 65"04'51"EAST,A DISTANCE OF 87.45 FEET; THENCE SOUTH 38°47'22"EAST,A DISTANCE OF 95.76 FEET; THENCE SOUTH 69°35'07"EAST,A DISTANCE OF 69.35 FEET; THENCE SOUTH 52°10'29"EAST,A DISTANCE OF 238.10 FEET; THENCE SOUTH 69°09'19"EAST,A DISTANCE OF 180.03 FEET; THENCE SOUTH 88°27'40"EAST,A DISTANCE OF 70.07 FEET; THENCE SOUTH 59°32'32"EAST,A DISTANCE OF 71.55 FEET; THENCE NORTH 77'50'00"EAST,A DISTANCE OF 78.03 FEET: THENCE SOUTH 70"35'57"EAST,A DISTANCE OF 76.72 FEET; THENCE NORTH 88'29'02"EAST,A DISTANCE OF 67.64 FEET; THENCE NORTH 60°34'02"EAST,A DISTANCE OF 192.59 FEET; THENCE NORTH 80°47'09"EAST,A DISTANCE OF 401.77 FEET; THENCE SOUTH 60'58'46"EAST,A DISTANCE OF 304.38 FEET; THENCE SOUTH 35°09'15"EAST,A DISTANCE OF 362.51 FEET; THENCE SOUTH 01°30'16" EAST, A DISTANCE OF 388.59 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88"29'44" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 877.94 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 00'17'20" EAST,ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1335.11 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°21'56" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36,A DISTANCE OF 1323.94 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE .-, SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 89"15'43" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED IN RECEPTION NUMBER 2669206 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO(2)COURSES: 1. THENCE SOUTH 72°40'05"WEST,A DISTANCE OF 825.83 FEET; 2. THENCE SOUTH 66°34'28"WEST,A DISTANCE OF 1420.78 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 00°42'02"WEST,ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35, A DISTANCE OF 21.71 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 77°43'35" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 2395.38 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER 3019961 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY 25 THE FOLLOWING SEVEN(7)COURSES: 1, THENCE NORTH 00°01'11"WEST,A DISTANCE OF 119.70 FEET; 2. THENCE SOUTH 89°58'49'WEST,A DISTANCE OF 114.82 FEET; 3. THENCE NORTH 00'01'11" WEST, A DISTANCE OF 186.21 FEET TO A POINT OF CURVATURE; 4. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06'12'52",A RADIUS OF 3379,26 FEET AND AN ARC LENGTH OF 366.52 FEET; 5. THENCE NORTH 06'14'03" WEST, A DISTANCE OF 601.98 FEET TO A POINT OF CURVATURE; 6.THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05'11'20",A RADIUS OF 3182.41 FEET AND AN ARC LENGTH OF 288.21 FEET; 7.THENCE NORTH 01°04'25"WEST,A DISTANCE OF 463.45 FEET; THENCE SOUTH 88°45'13"EAST,A DISTANCE OF 82.35 FEET; THENCE NORTH 00'11'21"WEST,A DISTANCE OF 379.15 FEET; THENCE NORTH 88°08'57"EAST,A DISTANCE OF 185.82 FEET; THENCE NORTH 00°57'37"WEST,A DISTANCE OF 172.01 FEET; THENCE NORTH 82°52'03"EAST,A DISTANCE OF 590.67 FEET; THENCE NORTH 04°18'10"WEST,A DISTANCE OF 264,11 FEET; THENCE NORTH 89°31'37" EAST, A DISTANCE OF 1708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 00°42'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2357.64 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 20,390,657 SQUARE FEET OR 468.11 ACRES,MORE OR LESS. AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Descrtptton: A parcel of land located in Sections 35 and 36, Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State • _f Cn1 ado, more particularly lose r,•Jg�n attached sheet. Parcel Number 1 2 0 7 _ 3 6 _ 0 . 0 0 _ 0 5 6 Additional Parcel Nos. 120736000031, 120735000051, 120736000025, 120735000049, 120735000039 (12 digit number•found on Tax I.Q,information,obtainable at the weld County Assessor's Office,or wKw.co.weirt.co.us,•j (Include alibis being included in the application area,If additional space is required.attach an additional sheet) STATE OF COLORADO ss. COUNTY OF WELD THE UNDERSIGNED,being first duly sworn, states that to the best of his or her knowledge,the attached list is a true and accurate fist of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task,and shall he current as of a date more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services Note: Mineral Notification is in addition to that required by C.R.S.24-65.5-102 through 104. r— .. ✓ " '. .--y . y ./ Ry: . �r=° �. >.=_l/_..•.�. 1 itle' , The foregoing instrument was subscribed and sworn to me this J7 day of (l,I+icl48 d • WITNESS my hand and official seal. My Commission Expire ;: 620i/O Notary Public -18- Additional Parcel#of the Property: Parcel#: 120736000031 Parcel#: 120735000051 Parcel#: 120736000025 Parcel tl: 120735000049 Parcel#: 120735000039 FILING 1 LEGAL DESCRIPTION BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 35 AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 TO BEAR NORTH 89°16'34" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 89°16'34" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2655.85 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 35; THENCE SOUTH 00°15'20" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 55.00 FEET; THENCE SOUTH 89°16'34" WEST, ALONG A LINE FIFTY-FIVE (55) FEET SOUTHERLY DISTANT, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1456.22 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 90°00'00", A RADIUS OF 30.00 FEET AND AN ARC LENGTH OF 47.12 FEET; THENCE SOUTH 00°43'26" EAST, A DISTANCE OF 111.66 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 01°18'53", A RADIUS OF 4955.00 FEET AND AN ARC LENGTH OF 113.69 FEET; THENCE NORTH 87°57'41" EAST, A DISTANCE OF 109.01 FEET; THENCE SOUTH 50°07'05"EAST, A DISTANCE OF 69.11 FEET; THENCE SOUTH 69°46'00" EAST, A DISTANCE OF 60.21 FEET; THENCE SOUTH 03°46'16" EAST, A DISTANCE OF 94.48 FEET; THENCE NORTH 86°13'44" EAST, A DISTANCE OF 149.31 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 41°19'11", A RADIUS OF 180.00 FEET AND AN ARC LENGTH OF 129.81 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°54'49", A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 10.71 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 40°51'21",A RADIUS OF 75.00 FEET AND AN ARC LENGTH OF 53.48 FEET; THENCE NORTH 37°29'27" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 73'31'08" EAST,A DISTANCE OF 164.75 FEET; THENCE SOUTH 61°07'26"EAST,A DISTANCE OF 157.31 FEET; THENCE SOUTH 24°48'50"EAST,A DISTANCE OF 43.13 FEET; THENCE SOUTH 48°07'17" EAST,A DISTANCE OF 54.86 FEET; THENCE SOUTH 79°08'52" EAST, A DISTANCE OF 153.32 FEET; THENCE SOUTH 43°21'18" EAST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 09°06'23"EAST, A DISTANCE OF 94.88 FEET; THENCE SOUTH 25°20'11"EAST,A DISTANCE OF 59.10 FEET; THENCE SOUTH 43°14'31" EAST, A DISTANCE OF 154.88 FEET; THENCE SOUTH 58°06'36" EAST, A DISTANCE OF 55.69 FEET; THENCE SOUTH 24°33'40" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01°19'37" EAST,A DISTANCE OF 123.47 FEET; THENCE SOUTH 51°07'56" EAST, A DISTANCE OF 77.49 FEET; THENCE SOUTH 84°21'50"WEST, A DISTANCE OF 148.73 FEET; THENCE SOUTH 23°48'02"EAST,A DISTANCE OF 187.06 FEET; THENCE NORTH 76°08'48" EAST, A DISTANCE OF 111.68 FEET; THENCE NORTH 86°41'46" EAST, A DISTANCE OF 186.69 FEET; THENCE SOUTH 51°56'43"EAST, A DISTANCE OF 111.93 FEET; THENCE SOUTH 65°04'51"EAST,A DISTANCE OF 87.45 FEET; THENCE SOUTH 38°47'22"EAST,A DISTANCE OF 95.76 FEET; THENCE SOUTH 69°35'07"EAST,A DISTANCE OF 69.35 FEET; THENCE SOUTH 52°10'29"EAST,A DISTANCE OF 238.10 FEET; THENCE SOUTH 69°09'19"EAST, A DISTANCE OF 180.03 FEET; THENCE SOUTH 88°27'40" EAST, A DISTANCE OF 70.07 FEET; THENCE SOUTH 59°32'32" EAST, A DISTANCE OF 71.55 FEET; THENCE NORTH 77°50'00" EAST, A DISTANCE OF 78.03 FEET; THENCE SOUTH 70"35'57" EAST,A DISTANCE OF 76.72 FEET; THENCE NORTH 88°29'02" EAST, A DISTANCE OF 67.64 FEET; THENCE NORTH 60°34'02" EAST, A DISTANCE OF 192.59 FEET; THENCE NORTH 80°47'09"EAST,A DISTANCE OF 401.77 FEET; THENCE SOUTH 60°58'46"EAST, A DISTANCE OF 304.38 FEET; THENCE SOUTH 35°09'15" EAST,A DISTANCE OF 362.51 FEET; THENCE SOUTH 01°30'16" EAST, A DISTANCE OF 388.59 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°29'44" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 877.94 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 00°17'20" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1335.11 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°21'56" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1323.94 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 89"15'43" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED IN RECEPTION NUMBER 2669206 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO(2)COURSES: 1. THENCE SOUTH 72°40'05"WEST, A DISTANCE OF 825.83 FEET; 2. THENCE SOUTH 66°34'28"WEST, A DISTANCE OF 1420.78 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 00°42'02"WEST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35, A DISTANCE OF 21.71 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 77°43'35" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 2395.38 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER 3019961 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY 25 THE • FOLLOWING SEVEN (7)COURSES: 1.THENCE NORTH 00°01'11"WEST, A DISTANCE OF 119.70 FEET; 2.THENCE SOUTH 89°58'49"WEST, A DISTANCE OF 114.82 FEET; 3. THENCE NORTH 00°01'11" WEST, A DISTANCE OF 186.21 FEET TO A POINT OF CURVATURE; 4. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06°12'52", A RADIUS OF 3379.26 FEET AND AN ARC LENGTH OF 366.52 FEET; 5. THENCE NORTH 06°14'03" WEST, A DISTANCE OF 601.98 FEET TO A POINT OF CURVATURE; 6.THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05°11'20", A RADIUS OF 3182.41 FEET AND AN ARC LENGTH OF 288.21 FEET; 7. THENCE NORTH 01°04'25"WEST, A DISTANCE OF 463.45 FEET; THENCE SOUTH 88°45'13" EAST, A DISTANCE OF 82.35 FEET; THENCE NORTH 00°11'21"WEST,A DISTANCE OF 379.15 FEET; THENCE NORTH 88°08'57" EAST, A DISTANCE OF 185.82 FEET; THENCE NORTH 00°57'37"WEST, A DISTANCE OF 172.01 FEET; THENCE NORTH 82°52'03" EAST,A DISTANCE OF 590.67 FEET; THENCE NORTH 04°18'10"WEST, A DISTANCE OF 264.11 FEET; THENCE NORTH 89°31'37" EAST, A DISTANCE OF 1708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 00°42'02" WEST. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2357.64 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 20,390,657 SQUARE FEET OR 468.11 ACRES, MORE OR LESS. • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: A parcel of land located in Sections 35 and 36, Township 3 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, more particularly described on attached sheet. Parcel Number 1 2 0 7 _ 3 6 _ 0 _ 0 0 _ 0 5 6 Additional Parcel Nos. 120736000031 , 120735000051, 120736000025, 120735000049, 120735000039 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us), (Include all lots being included in the application area,If additional space is required,attach an additional sheet) STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30)days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. By: Title: The foregoing instrument was subscribed and sworn to me this day of WITNESS my hand and official seal. My Commission Expires: Notary Public -16- FILING 1 LEGAL DESCRIPTION BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 35 AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 TO BEAR NORTH 89°16'34" EAST WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 89°16'34" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2655.85 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 35; THENCE SOUTH 00°15'20" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 55.00 FEET; THENCE SOUTH 89°16'34" WEST, ALONG A LINE FIFTY-FIVE (55) FEET SOUTHERLY DISTANT, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1456.22 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 90°00'00", A RADIUS OF 30.00 FEET AND AN ARC LENGTH OF 47.12 FEET; THENCE SOUTH 00°43'26" EAST, A DISTANCE OF 111.66 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 01°18'53", A RADIUS OF 4955.00 FEET AND AN ARC LENGTH OF 113.69 FEET; THENCE NORTH 87°57'41" EAST, A DISTANCE OF 109.01 FEET; THENCE SOUTH 50°07'05" EAST, A DISTANCE OF 69.11 FEET; THENCE SOUTH 69°46'00" EAST, A DISTANCE OF 60.21 FEET; THENCE SOUTH 03°46'16" EAST, A DISTANCE OF 94.48 FEET; THENCE NORTH 86°13'44" EAST, A DISTANCE OF 149.31 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 41°19'11", A RADIUS OF 180.00 FEET AND AN ARC LENGTH OF 129.81 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°54'49", A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 10.71 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 40°51'21", A RADIUS OF 75.00 FEET AND AN ARC LENGTH OF 53.48 FEET; THENCE NORTH 37°29'27" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 73°31'08" EAST, A DISTANCE OF 164.75 FEET; THENCE SOUTH 61°07'26" EAST, A DISTANCE OF 157.31 FEET; THENCE SOUTH 24°48'50" EAST, A DISTANCE OF 43.13 FEET; THENCE SOUTH 48°07'17" EAST, A DISTANCE OF 54.86 FEET; THENCE SOUTH 79°08'52" EAST, A DISTANCE OF 153.32 FEET; THENCE SOUTH 43°21'18" EAST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 09°06'23" EAST, A DISTANCE OF 94.88 FEET; THENCE SOUTH 25°20'11" EAST, A DISTANCE OF 59.10 FEET; THENCE SOUTH 43°14'31" EAST, A DISTANCE OF 154.88 FEET; THENCE SOUTH 58°06'36" EAST, A DISTANCE OF 55.69 FEET; THENCE SOUTH 24°33'40" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01°19'37" EAST, A DISTANCE OF 123.47 FEET; THENCE SOUTH 51°07'56" EAST, A DISTANCE OF 77.49 FEET; THENCE SOUTH 84°21'50"WEST, A DISTANCE OF 148.73 FEET; THENCE SOUTH 23°48'02" EAST, A DISTANCE OF 187.06 FEET; THENCE NORTH 76°08'48" EAST, A DISTANCE OF 111.68 FEET; THENCE NORTH 86°41'46" EAST, A DISTANCE OF 186.69 FEET; THENCE SOUTH 51°56'43" EAST, A DISTANCE OF 111.93 FEET; THENCE SOUTH 65°04'51" EAST, A DISTANCE OF 87.45 FEET; THENCE SOUTH 38°47'22" EAST, A DISTANCE OF 95.76 FEET; THENCE SOUTH 69°35'07" EAST, A DISTANCE OF 69.35 FEET; THENCE SOUTH 52°10'29" EAST, A DISTANCE OF 238.10 FEET; THENCE SOUTH 69°09'19" EAST, A DISTANCE OF 180.03 FEET; THENCE SOUTH 88°27'40" EAST, A DISTANCE OF 70.07 FEET; THENCE SOUTH 59°32'32" EAST, A DISTANCE OF 71.55 FEET; THENCE NORTH 77°50'00" EAST, A DISTANCE OF 78.03 FEET; THENCE SOUTH 70°35'57" EAST, A DISTANCE OF 76.72 FEET; THENCE NORTH 88°29'02" EAST, A DISTANCE OF 67.64 FEET; THENCE NORTH 60°34'02" EAST, A DISTANCE OF 192.59 FEET; THENCE NORTH 80°47'09" EAST, A DISTANCE OF 401.77 FEET; THENCE SOUTH 60°58'46" EAST, A DISTANCE OF 304.38 FEET; THENCE SOUTH 35°09'15" EAST, A DISTANCE OF 362.51 FEET; THENCE SOUTH 01°30'16" EAST, A DISTANCE OF 388.59 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°29'44" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 877.94 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 00°17'20" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1335.11 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°21'56" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, A DISTANCE OF 1323.94 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 89°15'43" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED IN RECEPTION NUMBER 2669206 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO (2) COURSES: 1. THENCE SOUTH 72°40'05"WEST, A DISTANCE OF 825.83 FEET; 2. THENCE SOUTH 66°34'28"WEST, A DISTANCE OF 1420.78 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 00°42'02"WEST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35, A DISTANCE OF 21.71 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 77°43'35" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 2395.38 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 25 AS DESCRIBED IN RECEPTION NUMBER 3019961 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY 25 THE FOLLOWING SEVEN (7) COURSES: 1. THENCE NORTH 00°01'11"WEST, A DISTANCE OF 119.70 FEET; 2.THENCE SOUTH 89°58'49"WEST, A DISTANCE OF 114.82 FEET; 3. THENCE NORTH 00°01'11" WEST, A DISTANCE OF 186.21 FEET TO A POINT OF CURVATURE; 4. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06°12'52", A RADIUS OF 3379.26 FEET AND AN ARC LENGTH OF 366.52 FEET; 5. THENCE NORTH 06°14'03" WEST, A DISTANCE OF 601.98 FEET TO A POINT OF CURVATURE; 6. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05°11'20", A RADIUS OF 3182.41 FEET AND AN ARC LENGTH OF 288.21 FEET; 7. THENCE NORTH 01°04'25"WEST, A DISTANCE OF 463.45 FEET; THENCE SOUTH 88°45'13" EAST, A DISTANCE OF 82.35 FEET; THENCE NORTH 00°11'21"WEST, A DISTANCE OF 379.15 FEET; THENCE NORTH 88°08'57" EAST, A DISTANCE OF 185.82 FEET; THENCE NORTH 00°57'37"WEST, A DISTANCE OF 172.01 FEET; THENCE NORTH 82°52'03" EAST, A DISTANCE OF 590.67 FEET; THENCE NORTH 04°18'10"WEST, A DISTANCE OF 264.11 FEET; THENCE NORTH 89°31'37" EAST, A DISTANCE OF 1708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 00°42'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 2357.64 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 20,390,657 SQUARE FEET OR 468.11 ACRES, MORE OR LESS. • Containing: containing ayyavu uaw•y Tv - . ____ ,..CIIRFACE OWNERSHIP: Tract 1— Section 35:NE/,,except the west 60 feet Robert L. Siegrist and Winifred J. Siegrist 875 West 64th Avenue Denver, CO 80221 Tract 2—Section 35:The west 60 feet of the NEV. Construction Leasing Investment Co. 875 W.64th Avenue Denver, CO 80221 Tract 3—Section 35:N'SE%and that part of the SW%SE'/.lying north of the main channel of the St.Vrain River Construction Leasing Investment Co. (Same as Above) Tract 4— Section 35: Part of the WV;being a tract of land in the S%NW'/., N%2SW'/•and the S'/zSW'/�lying north of the main channel of the St.Vrain River, Less and Except Tract 5 Siegrist Construction Company (14%) 875 W. 64th Avenue Denver, CO 80221 Michael U. Siegrist (18%) c/o Siegrist Construction Company (Same as Above) Michelle L. Sandoval (18%) do Siegrist Construction Company (Same as Above) St.Vrain Land Company (50%) 875 W. 64th Avenue Denver, CO 80221 Tract 5— Section 35: Part of the SW%a,being a metes and bounds tract containing 4.608 acres,more or less (See Examiner Title Comment 6 Below) Department of Transportation, (100%) State of Colorado 4201 E. Arkansas Avenue, 4th Floor Denver, CO 80222 1 L2/2L d « L9L9-66L-£0£ '3UI opeJo)o0 ewJe3 9h:SL 9L-LL-9002 OVERRIDING ROYALTY: None LANDS COVERED: T3N,R68W Section 35:NE% Containing 160 acres,more or less NOTE:An Affidavit of Production was filed at Book 752,Reception#1673754 that stated a producing gas well was completed on June 23, 1975. NOTE:A Declaration of Unitization was filed at Book 738,Reception#1659863,that unitizes the leases into a unit comprising the E%of Section 35. A total of 5 leases were included in the unit for the E' of Section 35. Robert L. Siegrist and Winifred J. 50.00% 78.18 Subject to OGL recorded at Book 628,Reception Siegrist #1549961 (See Hopp Lease in this Tract) (Same as Above) Tract Z Construction Leasing Investment 100.00% 3.64 Subject to OGL recorded at Book 628,Reception Co. S1b49961 (See 1) (Same as Above) Tract 3 nstruction Leasing Investment 100.00% OGL: Book 633,Reception#1555147 DATE:August 17, 1970 PRIMARY TERM: 5 years(Held by Production) (Same as Above) CURRENT WORKING INTEREST/NRI: Kerr-McGee Rocky Mountain Corporation 100%/ 85.00% LANDOWNERS ROYALTY; 12.50% OVERRIDING ROYALTY: 2.50% LANDS COVERED: T3N,R68W Section 35;N'/2SE'/.,SW'/SE'/A LEASE ALSO COVERS: T2N,R68W Section 2: W%NE/, T3N,R68W Section 36:NWY,SW'/, Containing 240 acres,more or less NOTE:An Affidavit of Production was filed at Book 758,Reception#1680148 that stated a producing gas well was completed on Tune 23, 1975. NOTE; An Affidavit of Production was filed at Book 759,Reception#1680832 that stated a producing gas well was completed on August 27, 1975. NOTE:A Declaration of Unitization was filed at Book 738,Reception 41659863,that unitizes the leases into a unit comprising the E%of Section 35. A total of 5 leases were included in the unit for the E%of Section 35. 2 22/£L d « L9L9-66L-£0£ 'oui opeJo)o0 ewde0 917:56 9L-LL-9002 T2N,R68 W Section 2:NW%,$''SW'/y W%2SE'/< Containing 640 acres,more or less NOTE:An Affidavit of Production was filed at Book 727,Reception#1649399 that stated a producing gas well was completed on September 24, 1974. NOTE: An Affidavit of Production was filed at Book 759,Reception 41680832 that stated a producing gas well was completed on August 27, 1975. TOTALS 100.00% COAL OWNERSHIP: Coal Ownership INTEREST NET ACRES LEASEHOLD STATUS Tracts 1, 2 and part of Tract 4 (N'A,W%2SW'/a) RME Petroleum Company 100.00% 400.00 OPEN OF RECORD do Co orationo Petroleum NOTE: A Request for Notification was filed by P.O. Box 9149 RME. See Title Examiner comments. The Woodlands,TX 77387-9147 ' OTE: All other coal is owned by ne same mineral owners shown in Tracts 3 and part of Tract 4, excepting the W%SW'%of Tract 4. TOTALS 100.00% EASEMENTS AND/OR RIGHTS OF WAY: a) By Order dated October 12, 1889, recorded at Book 86, Page 273, the County Commissioners of Weld County, Colorado declared all section and township lines on the United States public domain to be public highways or county roads,50 feet wide, 30 feet on each side thereof over and across,among other,the subject lands. b) By Quit Claim Deed dated January 3, 1900 and recorded in Book 178,Page 189 executed by Joseph Biederman, etal,conveyed to the Hay Seed Ditch Company all interest they had in an irrigation ditch running through Section 35, and other lands. c) Grant of Right-of-Way dated July 5, 1966 and recorded in Book 1024,Page 99,executed by Rose Biederman, conveyed to Weld County, Colorado, and covering the following lands to wit: Township 3 North,Range 68 West of the 6th Principal Meridian Section 35: A piece of land averaging 26 feet in width contained within the boundaries of the W%, described by metes and bounds. Conveyance: A right-of-way for a public highway. 3 LZ/hL d <c L8L9-66L-E02 .oul opeJo)o0 ewJe0 9h:5L 9L-LL-9002 although no recants were mum ra:v+ucu . Right-of-Way Grant dated August 3, 1950 and recorded at Book 1277, Page 359, executed by Rose B.Whitman, conveyed to William J. Cheley,and covering the following lands to wit: Township 3 North.Range 68 West of the 6th Principal Meridian Section 35: NE'/,NEY. Conveyance: A right-of-way for a pipeline through and under a parcel of land in the NE'/aNE'/. of Section 35. t) Right-of-Way Easement dated May 12, I980 and recorded in Book 904,Reception#1825837,executed by Thomas J. Cowan and Edward A. Brown,conveyed to Union Rural Electric Association,Inc., and covering the following lands to wit: Township 3 North.Range 68 West of the 6'"Principal Meridian Section 35: An easement 12 feet wide in the SE''/.,described by metes and bounds NOTE: The Easement also includes lands in T2N-R68W, Section 2:NEVI Conveyance: An easement to construct,reconstruct,rephase, repair,operate and maintain in the described lands and upon all street,roads or highways abutting said lands, one distribution line or system. NOTE: Although there is no recording documentation assigning this easement to United Power,United Power now owns the easements that Union Rural Electric Association previously owned. g) Right-of-Way Easement dated December 22, 1981 and recorded in Book 956,Reception#1877947,executed by Construction Leasing Investment Co., conveyed to Union Rural Electric Association, Inc.,and covering the following lands to wit Township 3 North,Ranee 68 West of the 6th Principal Meridian Section 35: An easement 10 feet wide across a portion of the NEVI,described as the east 10 feet of the west 60 feet of the NE% Section 35: An easement 16 feet wide across a portion of the MASHY., described as the north 16 feet of the W''AN''ASE'Y. Conveyance: An easement to construct,reconstruct,rephase, repair,operate and maintain in the described lands and upon all street,roads or highways abutting said lands, an electric transmission and/or distribution line or system. NOTE: Although there is no recording documentation assigning this easement to United Power,United Power now owns the easements that Union Rural Electric Association previously owned. h) Utility Easement dated April 14, 1986 and recorded in Book 1109, Reception#2050422, executed by Colorado Jockey Club Land Development Company,conveyed to Public Service Company of Colorado,and covering the following lands to wit: Township 3 North.Range 68 West of the 6th Principal Meridian Section 35: An easement 20 feet wide across a portion of the W1/4,described by metes and bounds Conveyance: An easement to construct,operate,maintain, repair and replace utility lines and and all fixtures and devices. NOTE: Although there is no recording documentation assigning this easement to Xcel Energy, Excel now owns the easements that Public Service Company of Colorado previously owned. 4 L2/SL d « L8L9-66L-£0£ .oul opeJolo0 eWJe0 9h:56 9L- LL-9002 increase une JILL V. .,a},ava.y, Y . ,. , .,..__—..,.. , . transmission, distribution and service of water, Easement and Right-of-Way Agreement dated December 19, 1995 and recorded in Book 1527,Reception #2472236,executed by Construction Leasing Investment Company,conveyed to the Little Thompson Water District and Central Weld County Water District,and covering the following lands to wit: Township 3 North_Range 68 West of the 6th Principal Meridian Section 35: A 20 feet wide waterline easement across a portion of the NE%,described in Deed, recorded in Book 920,Reception#1841862. Conveyance: A permanent right to enter,re-enter,occupy and use the property to construct,reconstruct, inspect,upgrade, increase line size or capacity, operate, repair,maintain,replace,remove,and operate one or more lines for the transmission,distribution and service of water. k) Easement and Right-of-Way Agreement dated December 19, 1995 and recorded in Book 1527,Reception #2472237,executed by St. Vrain Land Company,conveyed to the Little Thompson Water District and Central Weld County Water District,and covering the following lands to wit: Township 3 North, Range 68 West of the 6`"Principal Meridian Section 35: A 20 feet wide waterline easement across a portion of the SW%, described in Deed, recorded in Book 1134,Reception#2076100. Conveyance. A permanent right to enter,re-enter, occupy and use the property to construct,reconstruct, inspect,upgrade, increase line size or capacity,operate, repair,maintain,replace, remove,and operate one or more lines for the transmission,distribution and service of water. ..v Easement and Right-of-Way Agreement dated January 31, 1996 and recorded in Book 1536,Reception #2480304,executed by Construction Leasing Investment Company,conveyed to the Little Thompson Water District and Central Weld County Water District,and covering the following lands to wit: Township 3 North,Ranee 68 West of the 6th Principal Meridian Section 35: A 20 feet wide waterline easement across a portion of the SB%., described by metes and bounds. Conveyance. A permanent right to enter,re-enter,occupy and use the property to construct,reconstruct,inspect,upgrade, increase line size or capacity, operate,repair,maintain, replace, remove, and operate one or more lines for the transmission,distribution and service of water. m) Right-of-Way Grant dated May 27, 1997 and recorded in Book 1631,Reception#2573471, executed by Robert L. Siegrist and Winifred J. Siegrist, conveyed to KN Gas Gathering,Inc.,and covering the following lands to wit: Township 3 North,Ranee 68 West of the 6's Principal Meridian Section 35: Part of the NE''/.,as described in Exhibit to Agreement Conveyance: The right to survey, construct, install, inspect,maintain,renew,repair,replace,remove and operate one pipe line and appurtenances thereto,for the transportation of natural gas,gasoline,oil,petroleum products,or any other substance which can be transported by pipeline. NOTE: The Right-of-Way Grant has been assigned to Kerr-McGee Gathering LLC. NOTE: It appears this right-of-way is for Kerr-McGee pipe line numbered 97-17-3". 5 22/91, d << 6969-66L-£0£ soul ope.to103 awJe0 97:SL 9L-66-9002 the existing surface cm me tuna,tuuruumg uuL La's A NOTE: The legal description is very confusing. A metes and bounds description indicates the easement is located in Section 35, T3N-R68W,and Section 2,T2N-R68W,but another Exhibit describes the N%SE'/., and that part of the SW/4SE'%of Section 36 lying north of the center of the main channel of the St.Vrain River. TAXES: All taxes are current and paid to date. The first half taxes are due on 2/29/04, second half taxes are due on 6/15/04 or taxes to be paid in full are due on 4/30/04. UNRELEASED OIL AND GAS LEASES OF RECORD BEYOND THEIR PRIMARY TERMS. None of Record ADDRESSES OF OIL AND GAS LEASEHOLD AND EASEMENT OWNERS: 1. Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, CO 80202 2. Ken-McGee Gathering LLC 1999 Broadway, Suite 3600 Denver, CO 80202 3. Little Thompson Water District 835 E.Highway 56 P.O.Drawer G Berthoud, CO 80513 4. Central Weld County Water District 2235-2n°Avenue Greeley, CO 80631 5. Tri-State Generation and Transmission Association,Inc. P.O. Box 33695 Denver,CO 80233 6. Kaneb Pipe Line Company, formerly Wyco Pipe Line Company 7340 W. 21°`Street North Wichita,KS 67205 7. United Power, Inc.,formerly Union Rural Electric Association, Inc. 18551 E. 160th Avenue Brighton, CO 80601 8. Xcel Energy,formerly Public Service Company of Colorado 550 15th Street, Suite 1000 Denver, CO 80202 6 LZ/LL d << L8L9-66L-£0£ 'out opeJolo0 aw.ie0 Lh:5L 9L-LL-900Z The Woodlands, IA ii�ar-yr4/ 11. Hay Seed Ditch Company (No Address) EXAMINER TITLE COMMENTS: 1. A Notice of Oil and Gas Interests and Surface Use dated December 1, 2000,and recorded at Reception#2812809, executed by HS Resources,Inc, covering the following lands to wit: Township 3 North,Range 68 West of the 6h Principal Meridian Section 35: W%2 NOTE: The Notice has been recorded to provide public notice that 145 Resources owns oil and gas leasehold rights in the lands,which rights include oil and gas drilling operations. The Notice includes an exhibit with a plat indicating its 10 potential drillsite locations and the allowable locations under Colorado Oil and Gas Conservation Commission Rule 318A. NOTE: HS Resources,Inc. is now owned by Kerr-McGee Rocky Mountain Corporation. 2. A Notice of Oil and Gas Interests and Surface Use dated December 1, 2000,and recorded at Reception#2812810, executed by HS Resources, Inc, covering the following lands to wit: Township 3 North,Range 68 West of the 6th Principal Meridian Section 35: E'/ NOTE: The Notice has been recorded to provide public notice that HS Resources owns oil and gas leasehold rights in the lands, which rights include oil and gas drilling operations. The Notice includes exhibits with 5 oil and gas leases included in the E%2 of Section 35 and a plat indicating its 10 potential drillsite locations and the allowable locations under Colorado Oil and Gas Conservation Commission Rule 318A. NOTE: HS Resources,Inc. is now owned by Kerr-McGee Rocky Mountain Corporation. 3. A Request for Notification dated September 24,2001,and recorded at Reception#2891987,executed by Kerr- McGee Rocky Mountain Corporation,covering the following lands to wit: Township 3 North, Range 68 West of the 6th Principal Meridian Section 35: W'/2 NOTE: The Notice has been recorded pursuant to Colorado revised statute 24-65.5-103(3)to request notice of all initial public hearings by a local government on any Application for Development affecting the property, The Notice includes exhibits with the subject oil and gas lease and all parcels included in die W%of Section 35 and a plat indicating its 10 potential drillsite locations and the allowable locations under Colorado Oil and Gas Conservation Commission Rule 318A. 4. A Request for Notification dated September 17,2001, and recorded at Reception#2891988, executed by Kerr- McGee Rocky Mountain Corporation, covering the following lands to wit: Township 3 North, Range 68 West of the 6th Principal Meridian Section 35: E%2 NOTE: The Notice has been recorded pursuant to Colorado revised statute 24-65.5-103(3)to request notice of all initial public hearings by a local government on any Application for Development affecting the property. The Notice includes exhibits with the oil and gas leases included in the E%2 of Section 35 and all parcels included in the E%2 of Section 35 and a plat indicating its 10 potential drillsite locations and the allowable locations under Colorado Oil and Gas Conservation Commission Rule 318A. 7 L2/8L d « L8L9-66L-£0£ 'oul opewolo0 ewJe3 Lt:SL 9L-LL-9002 6. A Rule and Order dated December 16, 2002 has been filed in the Weld County, Colorado records at Reception #3019961. The Rule and Order is a "taking" of the property and was against all of the surface owners shown in Tract 4 of Surface Ownership in this Memorandum and Weld County, Colorado. The lands have been acquired by the Department of Transportation and is hereby vested into the Department of Transportation. The lands are described by metes and bounds and are shown as containing 4.608 acres. The lands are assumed to be a portion of the Interstate 25 expansion and have not been platted for determination that the lands are all from Tract 4 as described above. 7. There are overriding royalty owners in the Oil and Gas Lease in Tract 3 of Oil,Gas and Mineral Ownerships. The total overriding royalty interest that was reserved in the lease appears to be a 2.5% overriding royalty interest, however, the interest is very complicated and divided between a number of owners. To minimize the costs and due to the situation that the overriding royalties owners do not need to be notified, the interests have not been extensively reviewed,but can be furnished if you feel that information is necessary. 8. As shown above in Easements and/or Rights of Way there was a Quit Claim Deed executed by Joseph Biederman, etal,conveying to the Hay Seed Ditch Company which conveyed all interest they had in an irrigation ditch running through Section 35,and other lands. It is unknown if the Hay Seed Ditch Company is an active ditch company or if another ditch company has succeeded the Hay Seed Ditch Company. 9. There have been numerous documents recorded that relate to Northern Colorado Water Conservancy District, Longmont Soil Conservation District, Platteville Zoning, Longmont Fire Protection District, Little Thompson Water District, Weld County Zoning, Western Gas Supply, United Power, Inc., Central Weld County Water District,Water Rights and Gas Dedication and Processing Agreements that have not been extensively examined. 10. This Memorandum does not show current mortgages, judgments or liens. The mortgage information has been indexed and can be furnished to you if you feel that information is necessary. There were no current judgments or liens filed in the title examined, however,without a complete examination at the Weld County District Courts, it cannot be determined that there are no judgments or liens. Again, if that information is necessary, please advise. This Memorandum was prepared from a careful examination of the tract indices and computer print-out maintained by LandAmerica Transnation Tile Company in Greeley,Colorado and research in the Clerk and Recorder's Office in and for Weld County, Colorado, and is made solely for the benefit of Carina for the purpose of assisting in a determination of the apparent ownership of the surface and mineral lands involved. The instruments referred to have not been examined to determine their legal sufficiency. No warranty of title is expressed or implied by virtue of the accompanying report. Explore Land Company 10184 Quarry Hill Place Parker, Colorado 80134 (303) 841-1525 • 22/6L d « 1.919-66L-20£ 'nul ope.tolo0 ewae0 L4:SL 9L-LL-9002 Lonramrng. wuLWZLL.b r,. . ..___, _. . SURFACE OWNERSHIP: Tract 1 —Section 36:N''NE% Containing 80.00 acres,more or less it&M Land Company 13184 Weld County Road 13 Longmont, CO 80504 Tract 2—Section 36: SWYNW% Containing 40.00 acres,more or less Robert L. Siegrist and Winifred 5. Siegrist 875 West 64'Avenue Denver, CO 80221 Tract 3—Section 36: Part of the E'/:NW'/.and NW%NW'/. (Lot B of Amended Recorded Exemption#1207-36-2-RE1140) Containing 118.818 acres, more or less Gerald D.Hamlin and Kathryn 1.Hamlin,Joint Tenants 5198 Weld County Road 28 Longmont, CO 80504 Tract 4—Section 36: Part of the NW% (Lot A of Amended Recorded Exemption#1207-36-2-RE1140) Containing 1.255 acres,more or less Christopher David Edwards and Tiffany Barnes Edwards, Joint Tenants 5178 Weld County Road 28 Longmont, CO 80504 Tract 5—Section 36:Part of the NW'/,NW%NW'/. (Lot A of Recorded Exemption#1207-36-2-RE488) Containing 1 acre,more or less Anthony A. DeCino and Judy D. DeCino,Joint Tenants 5000 Weld County Road 28 Longmont,CO 80501 Tract 6—Section 36: NW'/.SW'/ Containing 40.00 acres,more or less Construction Leasing Investment Co. 875 W. 64th Avenue Denver, CO 80221 1 L2/02 d « L8L9-661-£0£ soul opGJo)o0 laW20 Lh:5L 9L-LL-9002 • OVF.RRIDINti RUY ALIY: wore LANDS COVERED: T3N,R68W Section 36:NW'/,N'/2NL'/. Containing 240 acres,more or less NOTE:It is assumed that Kerr-McGee Rocky Mountain Corporation owns all depths and formations under the Lease,however,it is difficult to determine since the State Board of Land Commissioners only tracks the record Lessee on the Lease and not any other interests. In research at the State Land Board office, an Assignment was found in the file that conveys the NyNB''A of Section 36 front the surface to the base of the J Sand Formation to Orion Acquisition,Inc. The said assignment was not recorded in the Weld County records and it is not known if this interest eventually was conveyed into Kerr-McGee. NOTE:A Pooling Agreement was filed at Book 692, Reception#1614444 that pools the subject State Lease with another Lease recorded at Book 637,Reception #1559184 covering the S%NE'%of Section 36. NOTE:The entire N%is unitized as to the"F' Formation. NOTE:An Affidavit of Production was filed at Book 724,Reception#1646466 that stated production was obtained from the Bailey#1 well. The affidavit describes the subject State Lease with another Lease recorded at Book 637,Reception#1559184 covering the SANE1/4 and the W%SE''%of Section 36. NOTE:An Affidavit of Production was filed at Book 724,Reception#1646467 that stated production was obtained from the Hoekstra#1 well. The affidavit describes the subject Lease with 3 other Leases that all combined cover all of Section 36. NOTE:An Affidavit of Production was filed at Book 1355,Reception#2307273 that states the I-Bar-B 34-36 Well located in the SW'/,SE'/.of Section 36,was completed as a producing well on September 11, 1992. The affidavit describes the subject Lease with 2 other Leases that all combined cover all of Section 36,except for the NW'/.SW'/.of Section 36. NOTE:A Declaration of Pooling was filed at Reception #2827994 that pools the subject State Lease with 3 other Leases that all combined cover the S' of Section 36. NOTE:The entire 5'/s is unitized as to the"F' Sand, Codell and Niobrara Formations. Tract 6 (NW'/.SW'/.) 100.00% 40.00 OGL: Book 633,Reception#1555147 DATE:August 17, 1970 PRIMARY TERM: 5 years(Held by Production) Construction Leasing Investment CURRENT WORKING INTEREST/NRI: Co. Kerr-McGee Rocky Mountain Corporation 100%/ (Same as Above) 85.00% LANDOWNERS ROYALTY: 12.50% OVERRIDING ROYALTY: 2.50% LANDS COVERED: T3N,R68W Section 36:NW'/,SW/, LEASE ALSO COVERS: T2N,R68W Section 2:W'/xNE'/a 2 2Z/LE d « 6869-66L-£0£ 3U opeJolo0 ew.le0 Lh:SL 9L-LL-900Z Section 36. NOTE:The entire S'%is unitized as to the"J" Formation. NOTE:A Declaration of Pooling was filed at Reception #2827994 that pools the subject Lease with 3 other Leases that all combined cover the 5%of Section 36. NOTE:The entire 81/2 is unitized as to the"F' Sand, Codell and Niobrara Formations. NOTE:An amendment of Oil and Gas Lease dated July 17, 1998 and recorded at Reception#2640045,amends the pooling clause contained I the original lease. TOTALS 100.00% 280.00 EASEMENTS AND/OR FtIGHTS OF WAY a) By Order dated October 12, 1889, recorded at Book 86, Page 273, the County Commissioners of Weld County, Colorado declared all section and township lines on the United States public domain to be public highways or county roads, 50 feet wide, 30 feet on each side thereof over and across,among other,the subject lands. b) By Quit Claim Deed dated January 3, 1900 and recorded in Book 178,Page 189 executed by Joseph Biederman, etal,conveyed to the Hay Seed Ditch Company all interest they had in an irrigation ditch running through Section 36,and other lands. c) Deed for Right-of-Way dated February 10. 1909 and recorded in Book 296,Page 149,executed by The State of Colorado, conveyed to The Board of County Commissioners of Weld County, Colorado, and covering the following lands to wit: T ship 3 North,Range 68 West of the 6th Principal Meridian Section 36: A strip of land 30 feet wide off the north side of the N'/2,the east side of the E%:SE1/2 and the east side of the NE''%NE'/< (And other lands) Conveyance: A right-of-way. d) Permit Agreement dated September 29, 1972 and recorded in Book 678,Reception#1600446,executed by the Rural Ditch Company, conveyed to Colorado Interstate Corporation,and covering the following lands to wit: Township 3 North, Range 68 West of the 6th Principal Meridian Section 36: All Conveyance: The right to construct, operate, maintain, repair,replace and remove a natural gas pipeline over and across First Party's irrigation canal. NOTE: There is an ambiguous assignment from Colorado Interstate Gas Company assigning all of its interest to Associated Natural Gas, Inc. in State of Colorado 3-68, Section 36: N'/2NE'A and a Weld County Permit for the subject lands. This agreement is now owned by Duke Energy Field Services, Inc.,which company is the successor to Associated Natural Gas, Inc. e) Right-of-Way Grant dated May 6, 1975 and recorded in Book 739,Reception#1660904,executed by Frank Barnes and Marion E.Barnes,conveyed to Panhandle Eastern Pipe Line Company, and covering the following lands to wit: Township 3 North, Range 68 West of the 6th Principal Meridian Section 36: E'/2NW'/<,NW%NW'% 3 22/22 d << 6869-661-£0£ 'oul opeJolo0 ewato 8h:S6 96-66-9002 Line Company,and covering the following lands to wit: Township 3 North,Range 68 West of the 6'h Principal Meridian Section 36: A strip of land 50 feet in width in the N'NE%,described by metes and bounds. Conveyance: A right-of-way to construct,reconstruct, operate and maintain a four inch(4")underground natural gas pipeline. NOTE: The Right-of-Way Grant has been assigned to Kerr-McGee Gathering LLC. g) Grant of Permanent Easement dated April 13, 1993 and recorded in Book 1380,Reception#2330175, executed by A. Frank Barnes, also known as Frank Barnes and Marion E. Barnes,conveyed to Gerald D. Hamlin and Kathryn J. Hamlin,and covering the following lands to wit: Township 3 North,Rance 68 West of the 6th Principal Meridian Section 36: A parcel of land 30 feet wide in Lot B of Recorded Exemption#1140 Amended,being a portion of the NW/4, described by metes and bounds. Conveyance: An access easement. h) Right-of-Way Grant dated March 13, 1997 and recorded in Book 1631,Reception#2573472,executed by Gerald D. Hamlin and Kathryn J. Hamlin,conveyed to KN Gas Gathering,Inc.,and covering the following lands to wit: Township 3 North. Range 68 West of the 6th Principal Meridian Section 36: Part of the NW''/NWY,E%:NW'/,as described in Exhibit to Agreement Conveyance: The right to install, lay,construct,reconstruct,maintain,operate, repair,alter,replace and remove one pipe line and related appurtenances,fixtures or devices for the transportation of oil,gas and substances therein. NOTE: The Right-of-Way Grant has been assigned to Kerr-McGee Gathering LLC. NOTE: This Right-of-Way was acquired to connect the Hoekstra#2 well. i) Easement dated September 2, 1998 and recorded at Reception#2641266,executed by RainTree Limited,Inc., conveyed to Construction Leasing Investment Co.,and covering the following lands to wit: Township 3 North,Range 68 West of the 6th Principal Meridian Section 36: NW%SW% (And other lands) Conveyance: An easement for the purposes of installation and maintenance, of underground utilities that do not protrude above the existing surface of the land, including but not limited to electrical transmission,telephone and gas lines. NOTE: The legal description is very confusing. A metes and bounds description indicates the easement is located in Section 35,T3N-R68W,and Section 2,T2N-R68W,but another exhibit describes the NW'/.SW'/ of Section 36. j) Non-Exclusive Utility Easement Agreement dated March 10,2000 and recorded at Reception#2836232, executed by Gerald I).Hamlin and Kathryn J.Hamlin,conveyed to St. Vrain Sanitation District,and covering the following lands to wit: Township 3 North, Range 68 West of the 6th Principal Meridian Section 36: A 20' Easement in part of the SE%4NW%4 , described by metes and bounds Conveyance: The right to construct, lay,install, inspect,monitor, maintain,repair,renew, substitute, change the size of,replace, remove,operate and use one or more underground sanitary sewer lines,and all underground and surface facilities and appurtenances thereto, including surface manholes. NOTE: There are many surface restrictions contained in the Easement. See Easement. 4 22/£2 d « L9L9-66L-£0£ 'oul op8Jo)o0 eume0 9,:SL 9L-LL-9002 IJ R6t ullyauvu w executed by St.Vrain Sanitation District and Gerald D.Hunlin and Kathryn J.Hamlin,and covering me following lands to wit: Township 3 North,Range 68 West of the 6'h Principal Meridian Section 36: MI (And other lands) Agreement: Gerald 11 Hamlin and Kathryn J.Hamlin desire to receive sanitary sewer service from St.Vrain Sanitation District. Agreement is for Hamlin's to deposit$62,447,00 into St.Vrain's Colorado Surplus Asset Fund Trust, which represents Hamlin's share of the estimated costs. In the event the project is cancelled or that construction does not commence on or before June 1, 2001,the funds shall be refunded. m) Participation and Reimbursement Agreement dated March 22,2000 and recorded at Reception#3042278, executed by St.Vrain Sanitation District and Selcich Company,LLC,and covering the following lands to wit: Townshin 3 North,Range 68 West of the 6'h Principal Meridian Section 36: All (And other lands) Agreement: Sekich Company,LLC desires to receive sanitary sewer service from St. Vrain Sanitation District. Agreement is for Sekich to deposit$7,288,00 into St. Vrain's Colorado Surplus Asset Fund Trust,which represents Sekich's share of the estimated costs. In the event the project is cancelled or that construction does not commence on or before June 1,2001,the funds shall be refunded. n) Participation and Reimbursement Agreement dated March 22, 2000 and recorded at Reception#3042279, executed by St.Vrain Sanitation District and R&M Land Company,and covering the following lands to wit: Township 3 North,Range 68 West of the `h Principal Meridian Section 36: All (And other lands) Agreement: R&M Land Company desires to receive sanitary sewer service from St. Vrain Sanitation District. Agreement is for R&M to deposit$74,097,00 (less$44,242 previously paid to District)into St Vrain's Colorado Surplus Asset Fund Trust,which represents R&M's share of the estimated costs. In the event the project is cancelled or that construction does not commence on or before June 1,2001,the funds shall be refunded. o) Right-of-Way Grant dated October 13, 2003 and recorded at Reception#3147938, executed by R&M Land Company, conveyed to Ken-McGee Gathering LLC,and covering the following lands to wit: Township 3 North, Range 68 West of the 6th Principal Meridian Section 36: Part of the N'ANE%a, as described in Exhibit to Agreement Conveyance_ A Right-of-Way and Easement to survey,construct,maintain, inspect,operate, repair,mark, one 4"pipeline, appurtenances,including,valves,launchers and receivers,convenient for the transportation or transmission of oil, gas,petroleum products,and other hydrocarbons,whether fluid, solid or gaseous. NOTE: This Right-of-Way was acquired to connect the Tiefel State 7-36A well. TAXES All taxes are current and paid to date. The first half taxes were due on 2/29/04,second half taxes are due on 6/15/04 or taxes to be paid in full are due on 4/30/04. 5 L2/h2 d « 6869-66L-£0£ 'out 0p240103 ewJe3 fah:56 96-66-9002 1999 Broadway, Suite 3600 Denver, CO 80202 r 3. Rural Ditch Company 11979 Weld County Road 13 Longmont, CO 80504 4. Duke Energy Field Services 1324 N. 7s'Avenue Greeley, CO 80634 5. St.Vrain Sanitation District 436 Coffman Street, Suites 203 &204 P.O.Box 908 Longmont, CO 80502-0908 6. Gerald D.Hamlin and Kathryn J.Hamlin, Joint Tenants 5198 Weld County Road 28 Longmont, CO 80504 7. Construction Leasing Investment Co. 875 W. 64'h Avenue Denver, CO 80221 EXAMINER TITLE COMMENTS 1. A Notice of Right to Use Surface of Lands dated August 18, 2000,and recorded at Reception#2796810,executed by HS Resources,Inc,covering the following lands to wit: Townslp 3 North,Range 68 West of the 6th Principal Meridian Section 36: E'/2 NOTE: The Notice states that HS Resources owns oil and gas leasehold rights in the lands, which oil and gas leases have been extended beyond their primary term by the actual drilling and production from a well or wells capable of producing oil and/or natural gas on lands covered by the leases or lands which have been pooled or unitized therewith. The Notice includes an exhibit describing the oil and gas lease recorded at Book 637, Reception #1559184 and State of Colorado Lease 72/2840-S. The legal descriptions on the 2 leases combined include all of the E'/2 of Section 36. NOTE: HS Resources,Inc. is now owned by Kerr-McGee Rocky Mountain Corporation. 2. A Notice of Oil and Gas Interests and Surface Use dated November 10, 2000,and recorded at Reception #2811909,executed by HS Resources,Inc,covering the following lands to wit: Township 3 North.Range 68 West of the 6th Principal Meridian Section 36: W'/z NOTE: The Notice has been recorded to provide public notice that HS Resources owns oil and gas leasehold rights in the lands, which rights include oil and gas drilling operations. The Notice includes an exhibit with a plat indicating its 10 potential drillsite locations and the allowable locations under Colorado Oil and Gas Conservation Commission Rule 318A. An exhibit also described oil and gas leases recorded at Book 631, Reception#1553271, Book 633, Reception#1555147 and State of Colorado Lease 72/2840-S. The legal descriptions on the 3 leases combined include all of the WV2 of Section 36. NOTE: HS Resources,Inc. is now owned by Kerr-McGee Rocky Mountain Corporation. 6 22/52 d << 6869-66L-£0£ 'out opeJolo3 ewJe3 8h:5L 9L-LL-9002 allowable locations under cotoraao vu ana vas t,wsor Vauku v uuaonav - -. 4. A Request for Notification dated September 24,2001,and recorded at Reception#2898341,executed by ICerr- McGee Rocky Mountain Corporation, covering the following lands to wit: Township 3 North. Rance 68 West of the 6th Principal Meridian Section 36: NV2 NOTE: The Notice bas been recorded pursuant to Colorado revised statute 24-65.5-103(3)to request notice of all initial public hearings by a local government on any Application for Development affecting the property. The Notice includes exhibits with the 2 oil and gas leases that combined include the N'/s of Section 36, all parcels included in the N'/s of Section 36 and a plat indicating its 10 potential drillsite locations and the allowable locations under Colorado Oil and Gas Conservation Commission Rule 318A. 5. As shown above in Easements and/or Rights of Way there was a Quit Claim Deed executed by Joseph Biederman, etal, conveying to the Hay Seed Ditch Company which conveyed all interest they had in an irrigation ditch running through Section 36,and other lands. Also,shown above in Easements and/or Rights of Way are two separate Agreements that were executed by the Rural Ditch Company, conveying to Colorado Interstate Corporation and St.Vrain Sanitation District. NOTE: It is not clear if there are two separate ditches that run through Section 36, or if the Hay Seed Ditch Company is now known as the Rural Ditch Company. 6. There are overriding royalty owners in the Oil and Gas I ease in Tract 6 of Oil, Gas and Mineral Ownerships. The total overriding royalty interest that was reserved in the lease appears to be a 8.75% overriding royalty interest, however, the interest is very complicated and divided between a number of owners. To minimize the costs and due to the situation that the overriding royalties owners do not need to be notified, the interests have not been extensively reviewed,but can be furnished if you feel that information is necessary. There is a Long-Term Agreement to Restrict Mineral Development that was filed at the State of Colorado,Board of Land Commissioners office. The term of the Agreement is for 50 years from April 3, 1989, The Agreement states that the State of Colorado agrees it will not lease, or cause to be developed any and all minerals owned by the State, except for the NW%< of Section 36. There is also correspondence filed in March, 2003 between Kerr- McGee Rocky Mountain Corporation and the State of Colorado that relates to the Agreement and in summary states that Kerr-McGee is operating under the terms of a valid lease agreement and Kerr-McGee has rights to transport oil and gas under the terms of the oil and gas lease. The letter from the State of Colorado also states that the State does not agree with Mr.Robert L. Siegrist's position. 8. There is an Easement recorded in Weld County at Reception #3148018 that appears to have been acquired to relocate an existing Duke Energy Field Services pipeline. From the legal description and the plat attached to the Easement, it appears that the pipeline that was relocated may also have been located in the N%2NE'h of Section 36. The Easement was acquired from Douglas A. Tiefel who owns the $%2NE'/. of Section 36. R & M Land Company is the owner of the N'/,NE% and it appears that R& M may not have executed an Agreement for the portion of the pipeline that was relocated on their property. 9. There have been numerous documents recorded that relate to Northern Colorado Water Conservancy District, Longmont Soil Conservation District, Annexation of School District *117 Mead, Platteville Zoning, Longmont Fire Protection District, Little Thompson Water District, Weld County Zoning, St. Vrain and Left Hand Water Conservancy District, Western Gas Supply Company, United Power, Inc., Central Weld County Water District, St. Vrain Sanitation District, Water Rights and Gas Dedication and Processing Agreements that have not been extensively examined. 7 22/92 d « L9L9-66L-£0£ '3uI opeJolo0 swua0 gy:5L 9L-LL-9002 determine their legal sufficiency. No warranty of title is expressed or implied by virtue of the accompanying report. Explore Land Company 10184 Quarry Hill Place Parker, Colorado 80134 (303) 841-1525 • r. 8 L2/L2 d << 6969-662-£0£ 'oul opeJolo0 ewJe0 6h 51 96- 16-9002 Hello