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HomeMy WebLinkAbout20030052.tiff EXHTBTT C ----- -- - 01 11111111111111111111i "�IIII'I' 11111Ili11111II'II"I 61 (p 2807516 11/17/2000 09:32A JA Suki Tsukamoto 1 of 26 R 130.00 D 602.20 Weld County CO SPECIAL WARRANTY DEED UNION PACIFIC LAND RESOURCES CORPORATION, a corporation of the State of ' '^ Nebraska, with an address of P.O. Box 1330, Houston, Texas 77251-1330, hereinafter called Grantor, for and in consideration of the sum of Ten Dollars (S 10.00) in hand paid, conveys to WELD COUNTY LAND COMPANY, LLC, a Colorado limited liability company, with an address of 2500 Arapahoe, Suite 220, Boulder, Colorado 80302, hereinafter called Grantee, the real estate situated in the County of Weld, State of Colorado, described on Exhibit "A" hereto attached and incorporated herein by this reference for all purposes (the "Real Property"). EXCEPTING from this grant and RESERVING unto Grantor, its successors and assigns, forever, all oil. gas and associated liquid hydrocarbons, coal gas, coalbed methane, nitrogen, carbon dioxide, helium and all other natural gases (all of which are referred to hereinafter as "Oil and Gas") and rights thereto, together with the sole, exclusive and perpetual right to explore for and remove the Oil and Gas, together with rights of access to all present and future wellsite and production site locations and easements for pipelines over, under or within the Real Property, or lands pooled or unitized therewith. For the same consideration, Grantor hereby quitclaims and releases to Grantee all valid water rights appurtenant to the Real Property, except that Grantor, its lessees, successors and assigns shall retain the right to use such water as is necessary or convenient in the exercise of the rights herein reserved. Further, for the same consideration, Grantor hereby quitclaims and releases to Grantee all interest. if any, of Grantor in (i) strips or gores, if any, between the Real Property and abutting properties. and (ii) any land lying in or under the bed of any street, alley, road or right-of-way, opened or proposed, abutting or adjacent to the Real Property. EXCEPTING and RESERVING unto Grantor, its successors and assigns. forever, the Oil and Gas thereunder. Grantor also conveys mineral rights it owns appurtenant to the Real Property other than Oil and Gas. • By the acceptance of this deed, Grantee specifically acknowledges the title of Grantor or Grantor's affiliate, Union Pacific Resources Company (hereinafter called "UPRC"), to the Oil and Gas herein reserved, and relinquishes all rights and claims thereto. As special consideration, without which this grant would not be made, it is understood and agreed that Grantee, for itself, its successors and assigns. will not withhold its consent as surface owner of the Real Property (if UPRC or Grantor in its sole discretion requires such consent) to the exercise by Grantor, UPRC or their lessees, successors and assigns, of the rights to the Oil and Gas herein reserved, so long as the exercise of such rights is in accordance with any surface use agreements that then cover the applicable portion of the Real Property. This covenant to not withhold surface owner's consent shall be a covenant running with the Real ri Property. I15�1�3 2003-0052 1111111111111111111111111111111111 viii ��� H I ��II II11 2807516 11/17/2000 09:32A JA Suki Tsukamoto ' 2 of 26 R 130.00 0 602.20 Weld County CO Grantee understands and acknowledges that the subjacent support for all or for portions of the Real Property may be impaired by mining operations that have been heretofore carried on beneath the surface thereof. Grantee further understands that this grant is upon the condition that Grantor, its affiliates, predecessors, successors and assigns, and their respective officers, directors, agents and employees, shall not be liable for damages that result in any way from any impairment of subjacent support. Grantee, for itself and its successors and assigns, hereby waives any and all damages and liability, and releases Grantor and its predecessors, affiliates, successors and assigns, and their respective officers, directors, agents and employees, from any and all liability, loss, damages, claims, demands, causes of action,judgments, costs and expenses (including court costs and reasonable attorneys' fees) for injuries to persons and damages to property that arise from or are in any way related or connected to the impairment of subjacent support because of mining operations on or adjacent to the Real Property. The foregoing releases and waivers shall be covenants running with the Real Property. Grantee shall (i) include the following provision in each deed from Grantee or its successors or assigns to a third party covering any portion of the Real Property under which undermining has occurred: "There have been undermining activities conducted on the real property covered by this instrument which could cause subsidence of the real property covered by this instrument, and grantee hereby waives any and all damages and liability and releases Union Pacific Land Resources Corporation and its predecessors, affiliates, successors and assigns. and their respective officers, directors, agents and employees, from any and all liability, loss, damages, claims. demands, causes of action,judgments, and costs and expenses (including court costs and reasonable attorney fees) for injuries to persons and damages to property that arise from or are in any way related or connected to the impairment of subjacent support because of mining operations on or adjacent to the real property covered by this instrument:" and (ii) include the following provision in each deed from Grantee or its successors or assigns to a third party covering any portion of the Real Property: "The real property covered by this instrument is part of a larger area of real property under which the Oil and Gas rights are owned by Union Pacific Land Resources Corporation or its affiliate, Union Pacific Resources Company. Surface areas to be affected by future development of these Oil and Gas rights, within such larger area of real property, by Union Pacific Land Resources Corporation, Union Pacific Resources Company or either of their lessees or their assignees and any of their successors and assigns may be set forth in the Agreement for Compatible Development dated November 14, 2000, recorded C) % f j �j in Book n1/44l at Page A) f of the official records of Weld County, Colorado and/or other agreements for compatible development and/or specific surface use agreements with oil and gas lessees or assignees that cover a specific parcel." The foregoing covenants shall be covenants running with the Real Property. 'T 111111111111111111111111111111111111111 III 11111 III! 111! .2807516 11/17/2000 09:32A JA Suki Tsukamoto 3 of 26 R 130.00 0 602.20 Weld County CO IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT GRANTEE IS ACQUIRING THE REAL PROPERTY "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. NEITHER GRANTOR NOR UPRC HAVE MADE AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, EXPENSES, VALUE OF THE REAL PROPERTY OR IMPROVEMENTS THEREON, HANDICAPPED ACCESSIBILITY LAW COMPLIANCE, PRESENCE/ABSENCE OF HAZARDOUS MATERIALS, ELECTROMAGNETIC FIELD EXPOSURE LEVELS OR ANY OTHER MATTER OR THING AFFECTING OR RELATED TO THE REAL PROPERTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE) WHICH MIGHT BE PERTINENT IN CONSIDERING THE MAKING OF THE PURCHASE OF THE REAL PROPERTY, AND GRANTEE DOES HEREBY RELEASE AND FOREVER DISCHARGE UPRC, GRANTOR. AND GRANTOR'S PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES. SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIM, OBLIGATION AND LIABILITY (WHETHER BASED IN TORT, UNDER CONTRACT OR OTHERWISE) ATTRIBUTABLE IN WHOLE OR IN PART TO ANY SUCH REPRESENTATION OR ALLEGED REPRESENTATION. AND, FURTHER. GRANTEE DOES HEREBY EXPRESSLY ACKNOWLEDGE THAT NO SUCH REPRESENTATIONS �^ HAVE BEEN MADE. The releases, waivers and indemnifications of the Grantee, as mentioned above, shall all be covenants that run with the Real Property. This deed is made SUBJECT to the following: (a) All taxes and assessments, or, if payable in installments, all installments of assessments, levied upon or assessed against the Real Property which became or may become due and payable in the year 2000, shall be prorated as of the date of delivery of this deed by Grantor to Grantee, said date being the 14th day of November, 2000; and Grantee assumes and agrees to pay, or to reimburse Grantor for, if paid by it, all such taxes and assessments and installments of assessments applicable to the period subsequent to the date of delivery of this deed. and assumes all taxes and all assessments and all installments of assessments which may become due and payable after said year. (b) Agreement for Compatible Development by and among UPRC, Grantor and Grantee, dated November 14, 2000, covering the Real Property. (c) All liens, encumbrances, clouds upon, impairments of and defects in the title created or permitted to be created by Grantee on and after the date of delivery of this deed by r -3 HBO 11111 1111111 11111111 Illlf I IIII 2807516 11/17/2000 09:32A JA Suki Tsukamoto 4 of 26 R 130.00 D 602.20 Weld County CO Grantor to Grantee, and any and all restrictions and limitations imposed by public authority, and any easements, restrictions and/or outstanding rights of record, and exceptions, reservations and . conditions contained in prior deeds affecting the Real Property, or open and obvious on the around, including, without limitation, those reflected on Exhibit "B" attached hereto and incorporated herein by this reference for all purposes. TO HAVE AND TO HOLD, subject to the aforesaid reservations and other provisions, the said premises with all the rights and appurtenances thereunto belonging to Grantor, its heirs and assigns, forever, and Grantor warrants its title against the lawful claims of all persons claiming by, from or under it. but against none other. In accordance with Section 1445(b)(2) of the Internal Revenue Code, Grantor, Federal ID No. 13-2678588, certifies that it is not a foreign corporation, and withholding of federal income tax from the amount realized will not be made by Grantee. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Grantee and that any false statement made here could be punished by fine, imprisonment, or both. IN WITNESS WHEREOF, the parties hereto have executed this instrument this 14th day of November, 2000. ^ UNION PACIFIC LA RESOURCES CORPORATION. a Nebraska corpor n By: Its: Xttorney-in-Fact WELD COUNTY LAND COMPANY, LLC, a Colorado li ited liability company By: Its: itl�C7 . -4- ''1 1.11111111111111111111111 IIIII 1111111111 III 11111 IIII till • 2807516 11/17/2000 09:32A JA Suki Tsukamoto 5 of 26 R 130.00 D 602.20 Weld County CO ACKNOWLEDGMENTS STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 14th day of November, 2000 by ( ( aE } 1c . as Attorney-in-Fact of Union Pacific Land Resources Corporation, rwtora6ka carporatc-vn . Witness my hand and official seal. ityAirpmmission expires: 7//x/ /0/ h4.1:11k 6 } `C Notary Public i b A tsx4L- :• A CC* STA 'CJ. '`."COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 14th day of November. 2000 by C 18 r I—?. Eu l icc iL . as ma n of Weld County Land Company, LLC, aco loracto lunj&d. t taco, I thi corm Witness my hand and official seal. My Commission expires: 74-..x/ It/ :.J CI ARY lit aa& ,tu: vs k �.��r Notary Public ',�°•p t. e L\tJ. it/1144;ilff!Ott.. r‘ -5- I • 111111111111111111111111111111111111111 III 11111 liii Ilil 2807516 11/17/2000 09:32A JA Suki Tsukamoto 6 of 26 R 130.00 D 602.20 Weld County CO EXHIBIT A Attached to and made a part of that certain Special Warranty Deed dated November 14, 2000, by and between UNION PACIFIC LAND RESOURCES CORPORATION, as GRANTOR and WELD COUNTY LAND COMPANY, LLC, as GRANTEE A cart__ of land situate in Section 4, _owns`_- 1 North, Range 53 West of the 5t- P.M. , weld -=_-ty, Wore Pa- _r_y oescrthed as ^^ -ws : PARCEL A --......-.___ _ __ _he Southwest corner 0.t. .Sec___.. 4, Township 1 North, Ran__ _J West, _t- P.N. , from whence the West _/4 --__.__ of sail Section __es NCB C _ _ -'CL' 0J" -_. 253= . .. tutu. Thence N44'4-' 52" _, 42.50 fee: to the oc:rt '^e•-:__ 30 . 00easterly _ __ of - �_ _.- tutu -_ :he Ne__ line of ____ SW 1/4 4 of Section 4; Thence NC(7,°:2- 03" E, 2551 .73 fee: parallel with and _0 .00 fee: East of West lineof SN_, of Section 4; Thence N0:'7,1' 00" n _ . �. w_ 30 . 00 Eastof _ line of .._ West Nw_: _ Ca,_-. _- 4 a _C _ _ wa_: line of State _ _=,.__ =^ - BOCK - ' No . '_? a-C - - - __ _ __ -__ sa _ _ way _._,. ^w• - two es- courses : _ . N__ __ 5C . __ ____; 2 . N3.. _, 5153 . 37 feet, to a coin: 30 .00 ____ westerly of :he - line of :he of Section 4; Then-re S00'0_ • 4; _, __5_ .0_ _a = w: _ and fee: of the _ - f - -: �_ _ . . _. 3C . JC West t-_ NE- , of S=^---- - Thence "4:0=28 ' 21"_ _, ---- -7 ---- 7=-=' ' =' =-a 30 . 00 feet West of the East ---- of the _c_, 4 of Section 4 to a _=coin: 30 . 00 feet northerly of t-_ South line cc the x_. : __ Section Thence =SE=44' =E" 253 _ - of _ __" -- .a" w, co�3 . .. . feet 'a==-___ with �. �C .00 t__t North. the Scut- line of Thence 39 3 _ < _ ' = - - North of -- line___.._ _.. _- :_ W, 20.._ .? tutu .a o___. =-4 30 .00 30 .00 tutu _.._ oCL__. tutu_ of one Sw_, 4 of Section 4 to :he point of - ginning. • (continued; Page 1 of 16 _ I _ T 111111111111111111 IIIII 11111 11111 IIIII III IIIII 11111111 ?"W516 11/17/2000 09:32A JA SukM Tsukamoto , 26 R 130.00 D 602.20 Weld County CO Two parcels of land situate in the _.._/4 of Section 8, Township 1 North, Rance 68 West of the 6th P.M. , Weld County, more ca- ' -' ar'_y described as follows : PARCEL 3 Commencing at the Southeast corner cf Section 8, Township 1 North, Rance 68 West, 6th P.M. , from whence the East 1/4 corner of said section lies N00°49' 09" E, 2574 .68 feet; Thence N45°04- 48" W, 41 .78 fee: to the point of beginning, 30. 00 feet North of the So uth _h line cf said section; Thence S25°01' 14" W, 2618 .83 feet parallel with and 30 .00 fee: North of the South line of said section to a point cn the North-South con ne of S=^-=on 8 ; Thence ° ' _ ti,,0,,0ol_ 31 feet_579 .23 ___ _ said North-Scuth centerline to a point on the South _ of way ' in= of the Union ==^" R= ._ _"-ad, said __-way conveyed to :he Union ==-- =' - Railroad by a deed -=----==d June 13, 1912, in Sock 359 at Pace 418 , said _icht-of-way line being_ 500 .00 fee= - °- .^.t southerly as measured at right angles or fro- tn_ existing ma_- track .-_-' Thence along : d of following said __cht way the to__cw: _..r__ courses : 1) N42:43 ' 4.1" 1, 467 .34 ____, 2) - 3- . fee: alo ❑ the arc of a tangent -curve to the said arc subtended tv a 1-58 . 50 feet, a central angle of 3°_0' 06" , and a chord _ , 167_ . 0' =__t, - bearing' N6°C25' -- S83°46' 14" E,'772 .36 =__t to a point 30 . 00 feet West cf the East line of the S /2 of Thence S00°45' 09" W, 2380 . ,_ =__- 1-a-=" =' with and 30 . 00 feet West of the East line of :he S_/ 2 to the point of beginning. (continued) • • • Page 2 of 16 • ,., 111111 II illll Want liii III IIIII 2807516 11/17/2000 09:32A JA Suki Tsukamoto 8 of 26 R 130.00 D 602.20 Weld County CO PARCEL 3-1 Commencing at the East 1/4 corner of Section 8 , Township 1 North, Rance 68 West, 6th P.M. , from whence the Southeast corner of said section lies S00°49' 09" W, 2674 .68 feet; Thence along the East-West centerline 589°35' 35" W, 30 .00 feet to the point of beginninc; Thence S00°49' 09" W, 163 .61 feet parallel with and 30.00 feet West of the East line of the S1/2 of Section 8 to a point on the northerly right-of-way line of the Union Pacific Railroad, said .icht of way conveyed to the Union Pacific Railroad by a deed recorded June 13, 1912, in 3ook 359 at Pace 418, said right-of-way line beinc 50 . 00 feet distant northerly as measured at right angles or radially from the existing main track centerline; Thence following said northerly __-ht of way the following :tree courses : 1) N83°45' 14" W, 762 . 89 fee_, 2) 1828 .81 feet alone the arc of a tancent curve to the left, said arc subtended by a rad_1s cf _953 .50 feet, a central angle of _2°30' 06' , and a chord _e___- 569°28' W, 1753 . 09 feet; 3) _-2°4_ W, ___ . 96 fee: to a point on the North-South centerline of Section 8 ; Thence N00°01' 31" E, 943 . 9_ feet along said North-South -_.-= ne to a pomp on the East-West center___._ of said Section 8 ; 25 5 Thence N8.8015 ' 35"_ 2, _5=- --- ---_ along ---the East-West centerline to :he point of (continued) Page 3 of 16 p 111111111111111111III!! 1111I1111111111III11111IIIIJill 2807516 11/17/2000 09:32A JA Suki Tsukamoto 9 of 26 R 130.00 0 602.20 Weld County CO Three parcels of land situate in Section 10, Township 1 North, Ranee 68 West of the 6th P.M. , weld County, more particularly described as follows : PARCEL Commencing at the Northwest corner of Section 10, Township 1 North, Range 68 West, 6th P.M. , from whence the West 1/4 - feet; Corner of said section lies 500°24' 43" W, 2569.01 Thence N89°45' 35" 30.00 feet; Thence 500°08' 14" S. 30.00 feetpoint of - to the beginning; Thence parallel with arc 30 .00 feet South of the North line /of the NWi 4 of Jcctitn 10 N89°45' 3_ 2627.52 feet to a _point on the West line of said NE'_/4; Thence parallel with and feetSouthofof _ eer the North line the NEi/4 S=7-'^- 10 N89°45'48" n 2408 .00 fee: to a point on. the West __c line ne of _nte_- �_o __e Highway 25, as -----fed in Book 1519 at Page 241; Thence along said West richt-of-way the - 7 ' two courses : 1) SOC°23' 52" E, 2525 .85 f___; 2) SOC°22' 56" 2628 .28 t to a coin _ ^ ___ .. 30 . 00 feet northerly of the South line .r Cd- _.. 1'0; '_- the Then_ n with and 30 .00 feet North ofSouth589°37' 55 W, 2 fee:line a-_ .�i - a :coin: on the West n_ __ 5..1, 4 Section 10; __ Thence pa______ with and 30 . 00 feet North of the South ___-_ of the 5W_/4 of Section 10 W, 344 . 10 ---t to a point _n - - eaof - - - _._._ ..^_ _.._______.J __.^.- a .,a____ ___.,_fed in Book 359 at Page 413 , _._ _ 50 .'00 feet northeasterly 'as measured rare s �... c=_n_'-' e - - tree of - ' ' - - - .J, ---m as -- - -..= ma_ ---c:< _..__ Bcu_de= fe _ .,f t..� ,, ion '="" c'^ o. __,r a s -ow --`fee dh,: operated; Thence alono said _tne the followinc two courses : 1) 959 .32 _feet a_o-c the arc of a non-tarce-- f- - - curve to --� 1__-, said arc subtended by a - s of 2857.50 feet, a central angle of 19°26' 45" , an_=a chord bear_ N57°09' 36" W, .6_ . _o feet; 2) N65°52- 5:3" W, 372 .83 feet to a coin: the urecorded _ southerly line of a parcel cr. Book 347 at Pace 316 and described as "GO feet in width and __g t tenths (0.8) of an acre" ; Thence along said line the followinc twelve courses : 1) 239 .56 feet tans along the arc of a r _ eat curve to the '_eft, said arc subtended by a radius of 974 .72 feet, a central antic of 14°04' 55" , and a chord bearing Ne_°58. 35"' _ 238 . 96 feet; 2) N74°56' 08" E, 244 . 90 __et (14 .1' beyon.. the beginninc of a 43 .5' wide strip, 2 .5 acres in area described in. Book 847 at Pace 15) ; 3) 80 .62 feet along the arc of a tangent curve to the _icht, said arc subtended by a of 727.90 feet, a central angle of 05'20' 49" , and a chord bearing N78°06' 32" .. 80.58 feet; 4) N81°'16' 57" 5, 7.90 feet; (continued) Page 4 of 16 • �1i��i 11111111111111111IIIII1111111111III1111111111111 • '?807516 11/17/2000 09:32A JA Suki Tsukamoto 10 of 26 R 130.00 0 602.20 Weld County CO 5) 22.90 feet along the arc of a tangent curve to the right, said arc subtended by a radius of 727 .80 fee:, a central angle of 01°48' 10" , and a chord bearing N82°11' 02" = 22. 90 feet; 6) N83°05' 07" E, 599. 90 feet; 7) 217. 92 feet along the arc of a tangent curve to the right, said arc subtended by a radius of 727 .80 feet, a central angle of 17°09' 20" , and a chord bearing S88°20. 13" E 2_7. 11-1 feet; 8) S79°45' 33" E, 394 .90 feet; 9) 125. 19 feet along the arc of a tangent curve to the left, said arc subtended by a radius of 797.80 feet, a central angle of 08°59' 27" , and a chord bearing S84°15' 17" 125 . 06 feet; 10) S88°45' 00" E, 447.00 feet; 11) 113 .58 feet alone :he arc of a tangent curve to theleft, arc radius 797 .30 ____, a central of � said subtended by a of angle 08°09' 26" , and a chord bearing N87°:0' :7" _, 113 .4 et; 12) N83°05' 34" E, 469 . 50 feet to the - r - f _,.__..__ CC a Ca____ la^C = '- Book 1CO3 Page 464; --� Thence along boundary of said tercel the 'owing three courses : 1) NE3'05' 34" E, 200 . 00 feet; 2) NCE°54' 26"" W, 103 .50 feet, 3) .685°05' 34" W, 200. 00 feet to the northeasterly corn a- _ __ _ ^,..,_ __us car-=" /s" in Bock 847 at Pace 316;' Thence alone northerly line of said parcel the following five courses : 1) S83°05' 34" w, 336 . _ feet; 2) 306'_-' 26" F., 23 .50 feet; 3) 683°05' 34" W, 133 .50 feet; 4) _01.43 feet along the arc of a tangent curve to the - . d are _^ '•s cf feet, of _z^ sae_ __ su..�e..___ by a -=,-"-s - _2 .30 feet, a central angle 08°03' 26" , and a beat_ _ 337010' _7' W, 101.40 feet; 5) NBB°45' 00" W, 293 .50 fee_ to the easterly corner of a parcel 4: Book 934 at Page 209; Thence alp _ northerly line of said parcel the followina two courses : • I) N79231' 35" W, 554 .21 feet; 2) S88°13' 29" W, 364.79 feet to a point on the northerly line of the previous parcel ded in Book 847 at Pace 316; Thence a_long northerly line of said parcel the following eightcourses ; 1) 583005107" W, 585 .80 feet; 2) 26 .47 feet along the arc of a tangent curve to the left, said aro subtended by a radius of 8-2.80 feet, a central angle of 01°51' 58" , and a chord bearing SB2°09' 07" W, 26 .47; (continued) Page 5 of 16 J!' U!1J4J'!i' ' iiiii 0 Weld County CO 3) 6 .10 feet along the arc of a compound curve to the left, said arc subtended by a radius of 2755 .00 fee:, a central angle of 00°07' 37" , and a chord bearing S81°16' 57" W, 6 .10 feet; 4) 90 .94 feet along the arc of a compound curve to the left, said arc subtended by a radius of 812 .80 feet, a central angle cf 06°24' 37" , and a chord bearing 578°08' 26" W, 90 .29 f=at ; 5) S74°56' 02" W, 14 .10 feet; 6) S15°03' 52" E, 25 .00 feet; 7) S74°58108" w, 230 .80 feet; 8) 395 .38 feet alone the arc of a tangent curve to the right, said arc subtended by a radius of 914 .72 feet, a central angle of 24°45' 57" , and a bearing °"' chord S87 19' 06" w, 392 .__ feet to a point on the northeasterly line cf the parcel recorded at Book 512 at ?ac 413 , being 50 .00 feet northeasterly, as measured radially from themain rack „f� the Boulder branch of the 77-'..._-„n ?_ • ' Railroad as now constructed and operated; _ ' Thence alnc said Northeasterly line of cartel N66°52' 58" W, ^425 .14 feet; Thence N00°08' 27" w, _683 .99 feet to a point on the South line of theNW_J4 of Section 10; Thence N00°08 ' 14" W, 2628 .73 feet to :he _=int of becinning. Except portions conveyed to the Department of Transportation, State of Colorado by Rule and Order recorded June 23, 2000 at Reception No. 2776783 (ctnt_n'ed) Page 6 of 16 1111111 11111 1111111 11111 MU 11111 1111 111111 111 1111 2807516 11/17/2000 09:32A JA Suki Tsukamoto • 12 of 26 R 130.00 D 602.20 Weld County CO PARCEL C-1 Commencinc at the Southwest corner of Section 10, Township 1 North, Range 58 West, 6th P.M. , from whence the West 1/4 corner of said Section lies NOO°3'_' 01" E, 2855 .71 f__ ; Thence N89°43' 33" E, 86 .08 feet; Thence NCO°08' 27" W, 30 .00 feet to the point of beginning Thence continuing NOO°08' 27" W, 684 . 18 feet to a point on the southerly _-n._ of a parcel recorded in Book 512 at Pace 337; Thence along said Southerly line of pa____ 408 .40 fee: along :he arc of a ..on-f curve to :he said arc subtended by a radius of __968 . 02 feet, a __ ____ angle of 24°'10' 2_ , and a chord bearing S85°43' 12" E, 405 .38 feet to the northeasterly corn.__ of a parcel recorded Book 833 at Pace 482; Thence around sae_ parcel_ fh_ ^w; r courses : I) 523°07' 02" W, 44 .34 _ 2) $65°52' 58" E, 545 .00 feet, 3 ) N2.3°07' 02" _, 50 .00 feet; to a coin: on the southwesterly line of a farce_ in Sock 359 at rate 4_3, be:nc 50 . 00 feet southwesterly of t.^._ c_.. _ o_ _he^main^ _tack _f _..e ='-"'7A - "—arc.- Union ?ae:f__ Raicad as ..ow ^ref° and ore rated; Thence along line of said parcel the following two courses : 1) S55°52' 53" E, 13 .41 fe=et, 2) 325 .5_ fee: along :he arc of a tangent curve to the right, said art subtended by a radius of 275' ._0 feet, a central angle of 17°09' 17" , and a chord be___ _ 558°13' 19" 822 . 53 feet to a coin: 30 . 00 feet northerly of the Scutt line of the SW_/4 of 10 ; Thence p=-=77 _'' with and 30 .00 feet North cf said South line 589°43' 33" W, _5_8 .24 feet to the point of beginning. (continued) • Page 7 of 16 111111111111111111111111 IIIII IIIII IIIII III 111111 III llll 2807516 11/17/2000 09:32A JA Suki Tsukam oto ^'3 of 26 R 130.00 0 602.20 Weld County CO PARCEL C-2 Commencing at the Southwest corner of Section 10, Township 1 North, Range 68 West, 6th P.M. , from whence the West 1/4 corner of said section lies N00°31' 01" E, 2655 .71 feet; Thence N89°43' 33" E, 86 .08 feet; Thence N00°08 ' 27" W, 815.00 feet to the point of beginning; Thence continuing N00°08'27" W, 47.81 feet to a point on the southwesterly line of a parcel r=-^-ded in Book 359 at Page 418 , being 50.00 feet southwesterly, as measured perpendicularly, from the centerline of the main track of the Boulder branch of the onion Pacific Railroad as now constructed and operated; Thence along said southwesterly line 566°52' 58" E, 102 .68 feet to a point on the northerly line of a parcel recorded in Book 512 at Pace 337; Thence along said northerly line 94 .64 fee: along the arc of a .non-tance^.t curie to the left, said arc subtended by a radius of 1062 . 02 feet, a central =angle of 05°04' 38" , and a chord bearing 585°27. 14" W, 94 .61 feet to the toint beg_nnina. i—. • • (continued) Page 8 of 16 1 111111 11111 1111111 11111 Mil 11111 11111 III 111111 III lilt 2807516 11/17/2000 09:32A JA Suki Tsukamoto 14 of 26 R 130.00 D 602.20 Weld County CO A parcel of land situate in the E1/2 of Section 18, Township 1 North, Rance 63 West of the 6th ?.M. , Weld County, more particularly described as follows : PARCEL D Commencing at the Northeast corner of Section 18, Township 1 North, Rance 68 West, 6th P.M. , from whence the East 1/4 corner of said section. lies S00°02' 28" 87, 2678 .62 f==m; Thence N89°14' 48" W, 30. 07 fee: to the point of beginninc; Thence S00°02' 28" E, 1397.89 feet pa-=11 =1 with and 30.00 feet distant West cf the East line of the NE1/4 of Section 18 to a point on the North line of the Erie Cemetery, partially described in a deed recorded on May 23, 1968 , as Reception No. 1516751; Thence N89°59' 20" W, 640 .42 feet to the Northwest corner of said cemetery; Thence S00°03' 40" W, 404 .65 feet to the North line of a parcel recorded in Book 30, ?ace 483 ; Thence N89°34' 53" W, 163 .67 ____ to the Northwest corner cf said parcel; Thence S00°04' 57" E, 417.42 fee_ Southwest corner ofparcel; ".ae.,ce 589°3?' 58" °, 804 .84feel: to - _ fee: said . _ to a point 30 . 00 ____ westerly the East line SE1/4 of Section 18 ; of the Thence S00°25 1450 .65 feet parallel with and 30 . 00 fee_ C_�a-._ weeof ___ .. , . � a :J t e East line of said SE1/4 to a point on the North line of a parcel S te'-ems^: �n No . ___67„_, Thence a__ - boundary of said pa_ _he - -w'nc three courses : 1) 539°40' 50" N, _58 .56 feet, /-N.2) 500°19110" 253 .00 f__=, 3) N89°40. 50' 659 . 00 feet30 .00 f___ - of' to a point westerly of ---- East line the 551/4of Section. 13; The..__ S0C°25 :0" , 825 . 08 - feet of ___ E ____ to a point 30 . 00 northerly the South line of sai- S__/_ of Section 18 , said _coin': also being the northerly r_cht-„f-w y line of Weld County a Road a; Thence N83°31' 17" W, 253 .53 f__-, said northerly __ t - ' dl ncof way, pa-=- 1 =7 w=-_ ^� 30 .00 f___ North of the South line of said SE_ 4 ; _.. a.-_ Thence N85°54' 04" W, 1098 .49 fee: alone the northerly line of Weld County Road 8, as described in Book _5551, Paces 39-43 , Reception Nos . 2495437-41 to a point on easterly line of property described in Book 754 at Reception No. 1676471; • Thence along said _Propertv the following three courses: 1) N00°29' _6" E, 49.80 feet; 2) 453 .09 fee: along the arc of a tangent curse to the left, said arc subtended by a r='':..s of 440. 00 feet, a central angle of 59°00' 00" , and a chord bearing N23°00'44" W, 43_ . _ = t, 3) N58°30' 44" W, 204 .67 f___ to a point 50.00 feet distant southeasterly, measured at rich= angles, from the ben-=-14ne of the main track of the Boulder branch of the Union (continued) Page 9 of 16 41111 1111131111 11111 11111 11111 III 111111 III 1111 2807516 11/17/2000 09:32A JA Suki Tsukamoto x-15 of 26 R 130.00 0 602.20 Weld County CO Pacific Railroad Company as presently constructed and operated, said r_ ht of way conveyed to the Union Pacific Railroadby deed recorded in Book 359 at Pace 418; Thence northerly along a line drawn parallel and/or radially with said centerline o` ma'n track the following nine courses : 1) 629 .21 feet along the arc of a non-tangent curve to the left, said arc subtended by a radius of 1007.50 feet, a central angle of 35°46' 57" , and a chord bearing N07°31' 37" E, 619.03 feet; 2) Thence N10°21' 52" W, 694 .70 feet; 3) 894.20 feet alonc the arc of a tangent curve to the rich:, said arc subtended by a radius of 1297.50 feet, a central angle of 39°47' 36" , and a chord bearing N09°31' 57" 87- .34 feet; 4) N29°25'45" 17, 224.87 feet; 5) 463 .35 feet along the arc of a tangent curve to theleft, subtended said arc scc_ .. ed by a of 1573 .50 fee:, a central angle of "15°52' __ chord _ - and a bearing N21.:9" c" 462 .36 feet, 6) N13°32' 54" 5, 421.72 feet; 7) 966 .2_ feet along the arc o_f a tangent curve to the left, are subtended said __ by a radius of 2957 .50 feet, a central a^ _e of _ _ 95_. 9_ feet; 9)- N05°:,, W, 35_.57 f___; 9) 155 . 08 fee: alonc :he alt of a tancent cur-re to the r_ t, said alt sub:= ded by a 1575 .00 ` acentral = of _02 r •� ____, an41_ 05°CO' 20" , and a 7:^.C r:. tear inc W, -05 . 01 fee: to a=_point on :he North line of :he NE1/_ of Section 13 ; ,Thence along said North line S29°14' 49" 1206 .77 feet to the _ ofbecinninc, EXCEPT:NG THEREFROM a "road right of way 8 feet in width leadinc to� a ty Erie" , ^._ adi.^:gsaid cemetery from E sc described in Bock 30 at Page 483 . • • Page 10 of 16 11111111111111111111111111111111111111 III 111111 III 1111 2807516 11/17/2000 09:32A JA Suki Tsukamoto 16 of 26 R 130.00 D 602.20 Weld County CO A parcel of land situate in Section 17, Township 1 North, Rance 58 West of the 6th P.M. , Weld County, more particularly described as follows: PARCEL E Commencing at the Northeast corner of Section 17, Township 1 North, Rance 68 West, 6th P.M. , from whence the East 1/4 corner of said Section lies S00°12' 52" E, 2631.56 ___ ; Thence Sao°24' 11" W, 42 .71 feet to the point of beginninc, 30.00 feet westerly of the East line of the N1/2 of Section 17; Thence S00°12' 52" S., 2501.26 feet parallel with and 30 . 00 feet West of the East line Of the N1/2 of Section 17; Thence S00°:3' 30" E, 2502 .21 par=- 7 > withh and 30 .00 feet West of the East line of the Sc1/4 of Section 17 to a point 30 .00 feet northerly of the South line of the SE1/4 of Section 17: Thence S38°4_ ' 05 W, 25_3 . =7 feet par= • with a_ d 30 . 00 feet Norte. 04: t.._ South -_"me cc- the SEl/4 of Section 17; Thence SS5.°48 ' 45" W, 25'.7 .65 f___ parallel with and 30 .00 ____ North of the South line of SW-/4 of Section 17 to a point 30. 00 ____ easterly of the West line of the SW1, of 5 _7; The.... N00°25' " 0" W, 2573 . 96 feet pa-= ▪ with and 30 . 00 feet East of the West line of the SW1, 4 _f 5>r ' -n 17; Thence N00°22/ 28" W, 2649 . 01 ____ parallel with and 30 .00 feet East of the West line of the NW1/4 _f S -r. 1 . _o a point 30 .00 f__'441- souther'_y of t e North -_n_ „f S>^-' ^n 17; Thence N39°v , 5236 .9= fee: parallel with and 30 . 00 -__,. South of the No___. line of Section 17 to _he point Of beginning. (continued) r Page 11 of 16 111111 IIIII 1111111 1111111111 11111 IIIII III 111111 III IIII 28075 6/-. l 17 of 26 11/17/2000 JA to R 130 00 0 602.20 Weld County CO • A parcel of land situate in the 11/2 of Section 33, Township 2 North, Rance 68 West of the 6th P.M. , Weld County, more particularly described as follows : PARCEL . Commencing at the Northeast corner of said Section 33 from whence the East 1/4 corner lies S00°02' 01" E, 2661 .98 feet; Thence along the East line cf the NEI/4 of said Section 33 SOO°02' 01" E, 30 .00 feet; _hence a'__nc a _ire pa-= ' >' with arc 30 .00 f___ southerly, measured at right angles, from the North line of the NEI/4 of said Section 33 , S89°08' 30" W, 150 .02 feet to the point bec_.___ Thence continuing along said line pa-= " with. and 30 .00 feet distant southerly from to. _ North line of the NE_/4 of Section 33 , 589°08' 30" W, 2491 .97 feet to a point on the West line of t.._ NEI/4 0f said Section 33 ; Thence S00°C2' 36" E, 2594 . 11 feet along West line to the SW1/4 corner of the NE_/4 of Section __ ; Thence .200°,02' 5,3" E, 2648 .52 feet along :he West line of the = of said Section 33 to a point :ha: is 30 .00 feet distant northerly from the South 1/4 corner of said Section __ ; Thence NED°27' 29" E, 487 . 95 __e_ a_., _ a pa-=" _' w__.. azd 30 . 00 feet northerly from the South line of the ___/= of said Section 33 to a point on the East line of a part-_ r= _.. Eco.c 1705 , R=- No. 24__230; Thence along East line of said parcel NO3°40' 23" C, 2551. 19 feet to a coin: on the South line of the NEI/4 of said S=^- 33 ; Thence N89°57' 46" E, 1951.25 feet a__ the South line the NEI/4 of Section 33 to a ^:.,_ t that s 30 . 03 f _ distnt westerly f_om •the East 1/4 corner of said Section 33 ; Thence N00°02' 0, " W, 7_2 .65 feet a_-no a line ^a a wit_. and 30 . 00 feet distant westerly from the East line .,f t_._ NE1/4 of S=^-' ._ 33 to the Southeast corner of the parcelrecorded May 13 , _998 , at R= =^-'c.^. Nc . 20_4:0J ; Thence al.. said pa____ the following three courses : I . S89°57' 59" W, 363 .76 feet, 2 . NOC°02101" W, 240 . 00 feet, 3 . N85°57' 53" 5, 363 .76 feet; Thence NOO°02101" W, 449 .60feet along a line par=" =' with and 30 . 00 feet distant westerly from the East line of the NE_/4 of Section __ tc a point on. the South line Cf the carte_ recorded at Reception No. 2238334 ; Thence along the South line of said parcel S89°57' 59" W, 250 .00 feet to the Southwest corn,_ of p=reel ; Thence along the West line of said parcel NOO°02101" W, 120 .00 feet to a point the South line of that parcel owned by Nick Harkal=_s in the year 1949 ; Thence al. linec 57 5out_. C. said .a_ __ 533°^ ^9" W, 10 . 00 feet to the Southwest corner of the parcel; Thence along West line of said parcel NOO°02. 01" w, 110.00 feet to a point on the South (continued) Page 12 of 16 111111131111B1111111111 11118111; g1gJ'1 1111 01 11/17/2000 18 of 26 R n line of a parcel recorded January 29, 1993, in Book 1368 at Reception No. 2319926; Thence along said parcel the following three courses : 1. S89°57. 59" W, 3 .30 feet; 2. N00°02' 01" W, 56 .21 feet; 3 . N89°57' 59" E, 263 .30 feet; Thence N00°02' 01" W, 353 .51 feet along a line parallel with and 30 .00 feet distant westerly from the East line of the NE1/4 of Section 33 to the Southeast corner of a parcel recorded Anril 12, 1945, in Book 1153, Pace 15; Thence along the South line of said parcel S89°57' 59" W, 150 .00 feet; Thence N00°02' 01" W, 150.00 feet to the Northwest corner of a parcel recorded April 24, :926, in Book 788 , Page 400; Thence along North line of said parcel N89°57' 5°" E, 150 .0C f_et; Thence N00°02101" W, 304 .55 feet along a n- pa-="e wit.. and 30 . 00 feet distant westerly from the East line of the NE1/4 cf Section 33 ; Thence S89°08' 30" W, 120 .01 feet; Thence N0C°02' 0:" W, 125 .01 feet to the point of beginning. r. (continued) r Page 13 of 16 • 1111111 HIRE 2807516 11/17/2000 09:32A JA Suki Tsukamoto 19 of 26 R 130.00 D 602.20 Weld County CO Three tarce_'_s of land situate in Section 19, Township 1 North, Rance 68 West of the 6th P.M. , Weld County, More particularly described as follows : PARCEL G Commencing at the Northeast corner cf the NW1/4 of the NE'_/4 of Section 19, Township 1 North, Rance 58 West, 5th P.M. , from whence the Northeast corner of Section 19 lies S59°31' 17" E, 1298 .14 feet; Thence S00°24' 57" E, 24 .66 fee: along the East line cf the W'l/2 of the NE1/4 of Section 19 to the ;tint of becinninc; Thence oonminuinc along line SOC°24' 57" E, 2509 . 36 feet to a point cm the South line of NE1/4 cf Section 19; Thence along East line of the WI/2 of the x_/4 of Section 19 SO0°25' 02" e, 2504 .36 f___ to a point 30 .00 feet northerly of the South line of the 5'1/4 of Section 19; Thence 5,89'55 ' 56" W, 1292 .51 feet parallel with and 30 . 00 feet North cf the South line of the SE1/4 of Section 19; Thence _89°57 W, _257 .09 feet gal= e w:-.. and 30 . 0C feet North of the South line of the SW_,'4 of sf, 19; Thence NCO°3f SC" W, 26'15 .47 feet alonc_ the West line of the of :he SW'_, - tz the South line of the -.w_, - cf Section 15; Thence c_.. _--_ South n_ of said NR: : S85°45' 25" 5 _ . � fee_ _o LJ2633509; .as____ __n_ Off a parcel o_ land recorded at Re - n No . 253_509,; Thence along the easterly line of said pa_ f' ^w'^ five courses : 1) 94 .67 feet alone the arc of a ncn-tan_...'._ c rv= _o the left, said are subtended by a of 340. 00 ____, a .._.-...__ _n __ of 15°57' 12" , and a chord be___- N22°39' 70" W, 94 .__ ft, 2) 29 .55 feet aeonVarc the of a reverse curve to the richt, said arc subtended by a 's of 20 .0C feet, a central angle of 84°40' 19" , and a Leering Nil°41' 44" 5, 26 . 94 feet, 3) 235 .4_ fee: along the arc reverse__verse curve to the left, said arc subtended by a f_radius o950 .00 feet, a central angle of 14°15' 29", and a chord bearing N45°54' 09" IS, 235 .50 feet, 4) N39°45' 24" 5, 2542 .95 feet, 5) 555 e.52 feet alone the arc of a tangent curve to the __ ht, said arc subtended by a radius of 1030 . 00 feet, a central ancle cf 49°25' 52" and a chord bearing N54°29' 20" 561.31 feet, to the point of becinninc. (continued) r Page 14 of 16 111111111111111111111111111111111111111111111111111 2807516 11/17/2000 09:32A JA Suki Tsukemoto X20 of 26 R 130.00 D 602.20 Weld County CO PARCEL G-1 Commencing at the N 1/4 corner of Section 19, Township 1 North, Rance 68 W, 6th P.M. , rorr whence the Northwest corner of said section lies N89°30' 18" W, 2543 .50 feet, Thence alone the North line of the NW1!4of Section 19 N89°30' 18" W, 1108 .21 feet to the point of beginning; Thence S56°52' 34" E, 304 .45 feet parallel with and 100 .00 fee: distant, southwesterly, from the centerline of the Boulder branch of the main track of the Union Pacific Railroad Company, as presently constructed and ooerat__, Thence coast_.^iuing pa-=' 1 =7 with and 100 . 00 = distant, measured -==' =' 'y, from the centerline Cf said _ ; ,r^ad track, _393 .34 feet alonc the arc of a tan .._ ".-;e to the left, said art subtended by a radius of 1050 . 95 fee_, a central angle of i_°57' h '--- ;° _ :.e - .. .. - 5 37" , and a chord b_ nc N8_ 08' 37' 293 .52 bounded northerly, in ca__, by a parcel of lan n Book _-53 , R= -'on No. 2400955, to a point on the boundary of aparcel of land =^^- =a ^'t R -'or=No. Thence along westerly boundary of said pare' one w' _ four course=_ : -) S00°1 . 242 .48 feet, 2) 36 . 04 feet al.:no :he arc of C n_n-ta ._rie tt the left, salt a__ Stec_ JJ a radius of __73 . 00 feet , a =--__a_ an __ of 01'45' 54" , =an_ a chord bearinc S40039121" W, 26 . 04 3) S39°45' 24" W, 2542 . 95 feet, �..�..4) 452.5_ ____ =1^^c the arc of a tangent _.__ +e to the rich:, said arc c'•^-endeC by a radius of 811 . '00 feet, a central angle of 34°50' 17" , and a chord bearing __7°1_' 33" W. 484 . 96 feet, to a point on the East line of a pa__e_ of land recorded in Book 162_ , R= -, "n No. 'c„_- C ,, . Thence along said easterly line the following three courses : 1) NO'_°09' 00" E, 63 . 08 feet, 2) 242 .86 feet alone the arc of a tangent curve to the right, said arc subtended by a radius of _6679 .6= feet, a central angle of 02°27' 00" , and a chord bearing NO2°12' 02" 32, 242 .84 ____, 3) ri0„°;.5 45" .., 2245 .72 feet to the northerly line of the .,NW1�4 f Sir--^.. 10; Thence 589°30' 18" E., 361.43 feeta'_ong said northerly lineto the point ofbecbninc. (continued) n Page 15 of 16 1111111111111111111111111111111111 IIIII 1111111111111111 2807516 11/17/2000 09:32A JA Suki Tsukamoto 21 of 26 R 130.00 D 602.20 Weld County CO • PARCEL G-2 Commencing at the Northwest corner of Section 19, Township 1 North, Range 68 W, 6th P.M. from whence the W1/4 corner of said section lies S00°30' 22" E, 2652 .75 feet; Thence along the North line of the NWl/4 of Section 19 589°30'18" E, 30 .00 feet to the point cf beginning; Thence continuing along said North line, S89°30' 18" E, 943 .81 feet to a point on the West line of a parcel of land described in Bock 1623 , Re-07,4^n No. 2566192, Thence along said West line the following three courses: 1) S03°35' 48" W, 2240 .30 feet, 2) 247 .14 feet along the arc of a tangent curve to the left, said arc subtended by a radius of 5779 .55 _feet, a central an __ of 02°27' 00" , and a chord beari _ S02°12' 31" W, 247.11 _feet, 3) S01°08' 50" W, 86 . 00 feet, to a point on the North line of a parcel of land recorded _t Rer-=7-'on No. 2533509; Thence along North line 0f said parcel following two courses : 1) __.. . 06 feet along , r._ the __p of a no t=; _.nt curve to _ e r_- sl...t, said arc te_.._ed by a radius of 810. 00 feet, a central angle of 08°21' 05" , and achord bearing S85°03' 02" W, 117 .96 feet, r~<,) N89°46' 26" W, 551 .49 f___ to a coin. 30 .00 feet easterly of the W line of the NW:R. of Section 19; Thence N00°30' 22" W, 2582 .51 feet parallel_ with and 30 .00 feet East of West line of the NW1/4 of Section 19 to the point of beginning.• • Page 16 of 16 1111111111111111111111111111 X11 ��111111 HUI II1111 2807516 11/17/2000 09:32A JA Suki Tsukamoto 22 of 26 R 130.00 D 602.20 Weld County CO EXHIBIT B Attached to and made a part of that certain Special Warranty Deed dated November 14, 2000, by between UNION PACIFIC LAND RESOURCES CORPORATION, as GRANTOR and WELD COUNTY LAND COMPANY, LLC, as GRANTEE 1 . Right of way for Canal purposes as granted to the Erie Coal Creek Ditch end Reservoir Company by the instrument recorded February 13, 1909 in Book 299 at ?ac 520 over an undefined portion of Sections 4, 13and 19. - 2 . An easement for communication line and incidental purposes granted co Meunta'. States *=' ephcne and .e'_egraph Company by the _ns-:_ment --aed May 7, 7a Book 394 at Pace 395, upon the terms and conditions set _ t me in over a port_.. of the N1/^ of the of 2 ,. -•• _•• -"s�_-me.^.t, . _ Set/4 Sec___.. 33 . 3 • An easement fir rmr„u.. 1• and i^ : de t to ,... :.� ....- •- ,-- purposes _anted _: Mcunta - States Telephone Telegrapha a, -aa .. -- '- Company by --•- -nst_mono d May 7, '_°_0 3cok 394 ac ?age 397, upon the t ^erms and c_ndi _ e• " - - over a pc____. of :he 41/2 of the Net/4 ofSec__on532`- ----•- --• 4 . An easement for electric transmission. distribution, ser._t_ lines ' .- .. , ,. and punoses granted to Service CompanyColorado -- - '- e by 1"0 September September 24, 1947 in 3cok 1212 at Pace 3, upon :he _ .its and t_nd__i_ns se- 1___ in the instrument, over a portion of Section 10 . 5 . An easement grantedmiceof to Public Service Company Co...._ad., by _n5t.me^t Bock 1215 at ?age 229 . (Affects 4 and 10) 6 . Ar, easement =ranted to to unite? States of America by instrument -----ded ❑ec_..2 22, 1950, in Book 1239 at Pace 521. (Affects 19-1-63) 7 . Each and every right or rights of access co and from any oar: of the right of way for Colorado State Highway No. 185, from and to any part of subject } - ty abutting upon said highway, as granted to The Department of Highways, State of C-'--ado, by Deed recorded December 5, 1958 in Bock 1519 ac ?age 271 (A==af'-s a portion of Section 10) 8 • An easement for overhead power transmission lines and incidental purposes granted Public Service Company of Colorado by the instrument roc^^ae.a 'u7y 17, 1970 in Bc 529 ac Reception No. 1551487, upon the terms and conditions sec forth in the instrument, over the North 130 feet of the land. (Affects a portion of Sections _ and 18) .-, 11111111111111111111111111111111111111 I I 11111111 I I it l l 2807516 11/17/2000 09:32A JA Suki Tsukamoto e- 23 of 26 R 130.00 D 602.20 Weld County CO 9 . An oil and gas lease, executed by Union Pacific Railroad Company, as Lesscr(s) an by Pan American Petroleum Corporation, as Lessee (s) , for a primary term of 5 yoa- dated November 25, 1970 and recorded December 21, 1970 at Reception No. 1559254, any and all assignments thereof or interests therein. (Affects Section 10) 10 . An easement for and-_y- and telephone cable line and incidental purposesgranted Mountain States Telephone and Telegraph Company by the instrument Octobe 12, 1971 in Book 655 at Reception No. 1575620, upon terms and conditions set forth in the instrument, over a portion of the land. (Affects a portion of Sectic 8, 10, 17 and 13) 11 . All oil, gas and associated liquid hydrocarbons as granted to Champ"... ?_--^i=..m Company by Mineral Deed recorded November 30, 1972 in Book 631 at R= _ .. Nc. 1502712. (Affects Lot 2, the S1/2 of the NW1/4 and the 5-172 of S r - " _ Section 3 , the S1/2 of Section 17, the SW1/4 of tn \17' R and t:.. S71/4 -` Sr- - 18 , the W1/2 of the NE'_/4 and the 321/4 of Section=3_ and motthete _ 172 he _ t_m 1/2 , the W 1/2 of the SW 1/4 of :he NE 1/4 =rdt.._ 52 /4 of S .. 79).. 12 . Riot: of Way for pipeline and incidental our;uses as _-..t__ t.. _-,..us-- ' Gas �\. Services, Inc. , by instrument =^ -r July 5,, 3 _. Book 635 - — .. ro. 1615753 (Af�=^-s a portion of Section 33) . a_ 13 . All oil, gas and associated '_icuid hydrocarbons as granted to - 'n C..amp__ Petroleum Company by Mineral Deed recorded May 14, 1974 in Book 715 at -'on R= Nc . 1536❑_ (A===^-s the NE 1/4 of Section 10) . 14 . All oil, gas and associated liquid hydrocarbons as granted to Champlin Petroleum Company by Mineral Deed recorded Cotober 24, 1975 in Bock 751 at R=^ -'on No. 1572997 (Affects the 21/2 of the NE1/4 of Section 33) . 15 . All oil, gas and associated liquid hydrocarbons as granted to Champlin Petroleum • Company by Mineral Deed recorded July 9, 1976 in Book 771 at Reception No. 16932E (Affects Lot 1, and the 51/2 of the NE1/4 of Section 4) . 16 . An easement for pipeline and incidental purposes granted to Amoco Production Coml.- by the instrument recorded January 26, 1977 in Book 788 at Reception No. 1709780 (Affects Section 4 and Section 33) . 17 . An easement for pipeline and incidental purposes granted to Vessels Gas Processi: Ltd. by the instrument recorded October 12, 1977 in Book 811 at Reception No. 1732994 (Affects a portion of Section 33) . es- -2— • • 11111111111111111111111111111111111111 III 1111111 II 1111 2807516 11/17/2000 09:32A JA Suki Tsukamoto 24 of 26 R 130.00 D 602.20 Weld County CO r 18 . An easement for pipeline and incidental purposes granted to Vessels Gas Processinc Ltd. by the instrument recorded October 13, 1977 in Book 811 ac Reception No. 1732996 (Affects Section 33) . 19 . An easement for pipeline and incidental purposes granted to Vessels Gas Processing Ltd. , a limited partnership by the instrument recorded December 5, 1977 in Bock 81 at Reception No. 1737636 (Affects a portion of Section 4, Section 10 and Section 33) . 20. All oil, gas and associated liquid hydrocarbons as granted to Champlin Petroleum Company by Mineral Deed recorded April 28 , 1980 in Book 902 at Reception No. 18235 (Affects the NE1/4 of Section 17 and the N1/2 of the NE1/4 and the SE1/4 of the NE'1/4 of Section 18) . 21 . An easement for pipeline and incidental purposes granted to Panhandle =astern Pipe Line Company by the instrument recorded November 21, 1980 in Bock 920 at ., r No. 1842244 (A-'e^-s a portion of Section 17) . 22 . An easement for pipeline and incidental purposes granted to Panhandle Eastern Pip= Line Company by the instrument recorded January 27, _38_ in Book 926 at R=^=--(-r No. 1848120 (Affects a portion of Section 17) . 23 . An easement for pipeline and incidental purposes ranted to Panhandle Eastern Pica Line Company by the instrument -e ^ed April 24, _981 __. Book 934 .._ R=^e^-'^n Nc re. 1855961 (Affects a portion of Section 10) . 24 . An, easement for utility our uses and incidental purposes cranted co Union Rural Electric Association, the instrument recorded Inc.Znc by February 16, 1983 in Book 98 at Reception No . 1917642 (A===^^s a portion. of Section 17 and Section 13) . 25 . An easement for pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded August 8, 1983 in Book 1004 at Reception ?" 1936250 (Affects a portion of Section 17 and Section 19) . 26 . An easement for pipeline and incidental purposes granted to Panhandle Eastern Pipe • Line Company by the instrument recorded December 14, 1983 in Book 1015 at Receptic No. 1950010 (Affects Section 33) . 27 . An easement granted to Vessels Oil and Gas Company by instrument re^^-ded Febriar 13 , 1986, in Book 1103 at Reception No. 2042899 . (Affects 4-1-68, 8-1-68 and 17-1-68) 28 . Easement granted to Mountain States Telephone and Telegraph Company dated Februar 20, 1987, (Audit No. 41291) recorded May 14, 1987 at Reception No. 2099677. (Affects portions of Section 17 and Section 18) -3- 11111111111111111111111111111111111111111111111111 2807516 11/17/2000 09:32A JA Suki Tsukamoto 25 of 26 R 130.00 D 602.20 Weld County CO 29 . An easement for pipeline and incidental purposes granted to Vessels Oil t Gas Company by the instrument recorded July 1, 1988 in Book 1201 at Reception No. 2'_46727 (Affects a portion of Section 4) . 30 . Mineral Deed from Union Pacific Land Resources Corporation to Union Pacific Resources Company conveying all of the oil, gas and associated licuid hydrocarbon in and under the NW1/4 of the NE1/4 and the E1/2 of the SW1/4 of the NE1/4 of Section 19 recorded August 29, 1988 in Book 1207 at Reception No. 2153119 and re-recorded October 6, 1988 in Book 1211 at Reception No. 2157823 . 31 . An Oil and Gas Lease recorded November 1, 1988 , at Reception No. 2160408 . (Affect. NE1/4, 19-1-68) 32 . Richt of Way Easement and Agreement for a natural gas pipeline and incidental purposes as granted to Associated Natural Gas, Inc. by instrument recorded Octobe 14, 1992 in Book 1354 at Reception No. 2306954 (Affects a portion of Section 33) . 33 . Terms, conditions, provisions, agreements, ob_icaticns spe^: `:=A -- the Surfac Facility Grant ^^—^=d November 4, 1992 in Bock 1_357 at R=^=^*4cn No. 2309895 (Affects a perti:n of Section 4) . 34 . Terms, conditions, provisions, acreements, obligations under the Surfac Facility Grant recorded November 18, 1992 in Book 1359 at Reception Nc . 2311439 . (Affects SE1/4 NE 1/4 33) 35 . Richt of Way Easement and Acreement for a natural gas pipeline and incidental purposes as granted to Snyder Oil Corporation by instrument =^^-4ed March 3, 199 in Book 1372 at Re^a^-;^n No. 2323882 (Affects a portion of Section 33) 36 . Richt of way for p1^=, ;ne purposes as granted to Panhandle Eastern Pipe Line Comp by instrument recorded March 17, 1993 in Book 1374 at Ran=^*'on Nc. 2325376 (Affe a portion of Section 4) - 37 . An easement for gas line and incidental purposes granted to la Front Range Gather Company, a corporation by the instrument recorded April 1, 1993 in Book 1376 at Reception No. 2327121 over a portion of Section 17. 38 . An easement for gas line and incidental purposes granted to MI Front Range Gather Company, a co^oration by the instrument recorded June 8, 1993 in Book 1386 at Reception No. 2336128 over a portion of Section 17. 39 . An easement for communication facilities and incidental purposes granted to US We Communications, Inc. by the instrument recorded July 5, 1994 in Bock 1449 at Reception No. 2395858 (Affects Section. 4) . -4- • 1111111111111111111111111111111111 lid III MI Il Ill1 1' 2807516 11/17/2000 09:32A JA Suki Tsukamoto 26 of 26 R 130.00 0 602.20 Weld County CO 40 . Right of Way Easement and Agreement for water line purposes as granted to Left- Hand Water District by instrument recorded March 10, 1995 in Book 1482 at Reception No. 2429655 (Affects a portion of Section 33) . 41 . An Oil and Gas Lease recorded May 22, 1998, at Reception No. 2614558 . (Affects NE1/4, 17-1-68) 42 . An Oil and Gas Lease recorded May 22, 1998, at Reception No. 2614568 . (Affects NE1/4, 4-1-68) 43 . An Oil and Gas Lease recorded May 22, 1998, at Reception No . 2614595 . (Affects 71/2 NE1/4, 33-2-68) 44 . An Oil and Gas Lease recorded May 22, 1998, at Reception No. 2614638 . (Affects NE1/4, 10-1-68) 45 . An easement granted to the Town of Erie by instrument recorded May 29, 1998 , at Reception Nc. 2615046 . (A==__,.= 19) _ 46 . Easements and access rights conveyed to the Department of Transportation, State of Colorado by Rule and 0r^=- June 23 , 2000 eft Re^= No. 2776723 . 47 . The following matters disclosed by and as shown on Hurst & Associates, :D$ 202036 : t'' a. existing pipelines b. ex'_st'_nc mines and mine shafts c. right of way for community ditch —5— Hello