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Home My WebLink About20030909.tiff RG CONSULTING ENGINEERS, INC. denver durango grand junction trinidad TRANSMITTAL FORM TO: Weld County DATE: 3/31/03 2:13 PM 915 10th Street RE: Annexation Impact Report Greeley, CO 80631 JOB NO: 162.0016 ATTN: Clerk to the Board FROM: James R. Landry, P.E. VIA: pi FAX: Number of pages sent including this transmittal cover: 1 E MESSENGER I I MAIL ITEM LIST: Copies Description 1 Town of Gilcrest-Country Meadows-Annexation Impact Study THESE ARE TRANSMITTED: pi FOR APPROVAL n AS REQUESTED ❑ FOR YOUR USE n FOR REVIEW& COMMENT r Lc) REMARKS , 1 - Final Hearing for Annexation is scheduled for April 21st cc: 1331 17th street suite 710 denver,colorado 80202 (303)293-8107 fax (303)293-8106 iii -/C /QV/ 2) PC 0/,'11 ) 2003-0909 r 1 . r 7 Pia Erg @©naa, bong oCrOgoE®® u of©. Annexation Impact Report Country Meadows March 27, 2003 Prepared By: RG Consulting Engineers, Inc. — 1331 17"' Street, Suite 710 Denver, CO 80202 Table of Contents — Section Title Page — I. Project Description 1 II. Municipal Services 1 III. Special Districts 1 — IV. School District Impact 2 V. Exhibits 2 — R:\0162\0016\WINWORD\Country Meadows Annexation Report.doc I. Project Description The proposed Country Meadows Annexation areas are shown on the attached maps. The area to be annexed is referred to herein as Country Meadows and consists of approximately 43.7 acres currently zoned A-Agriculture in Weld County. The subject property is located in the Town of Gilcrest and is located in the east 'A of Section 28, Township 4 North, Range 66 West of the Sixth Principle Meridian, in the southwest part of Weld County, State of Colorado. More specifically the subject property is between Plum Street and Birch Street south of WCR 42. The 43.7 acres borders the existing northern Town boundary along Twelfth Street. In conjunction with the proposed annexation, the zoning is anticipated to change from Weld County A-Agriculture to Town of Gilcrest R-1 Residential zoning. II. Municipal Services Municipal services for the Country Meadows Development will be provided in the following manner: Electricity: XCEL Natural Gas: ATMOS Telephone: Qwest Water: Town of Gilcrest Sewer: Town of Gilcrest Fire: Gilcrest/Platteville Fire District Police: Gilcrest Police Department School: Weld County School District RE-1 (Gilcrest - LaSalle - Platteville) Financing for the municipal services within the area to be annexed is addressed in the annexation agreements between the applicant and the Town of Gilcrest. Refer to Exhibit 6, Draft Annexation Agreement. III. Special Districts The area to be annexed will be included within the following special districts: Central Weld County Water District Northern Colorado Water Conservancy District Weld County School District RE-1 Gilcrest/Platteville Fire District Weld Library District TOWN OF GILCREST ANNEXATION IMPACT REPORT COUNTRY MEADOWS Page 1 March 2003 - IV. School District Impact The proposed annexation is expected to include approximately 152 single-family, detached homes. Any additions to present facilities or new facilities will require the school district to ask voters to pass a bond issue. Refer to Exhibit 7, Weld County School District RE-1 letter, — dated March 19, 2002. V. Exhibits — Exhibit 1: Existing Zoning/Municipal Boundary Map — Exhibit 2: Proposed Annexation Map _, Exhibit 3: Existing and Proposed Streets Exhibit 4: Existing Water Utilities Exhibit 5: Existing Sanitary Sewer Utilities — Exhibit 6: Draft Annexation Agreement Exhibit 7: Weld County School District Letter — — TOWN OF GILCREST ANNEXATION IMPACT REPORT — COUNTRY MEADOWS Page 2 March 2003 • won or ° ►cnsw I sonaimennaniars omwaa mammy #_ z �L= h :;14; nr--New- 1 — _ _ _ _ _ — _ e aeFtar 3P.• Ii II I • I I • ZONING LEGEND bS A AGRICULTURAL I �P I ' f El R-1 LOW DENSITY RESmPNITAL }• IMIR-2 MEDIUM DENSITY RFSRWNHAL e s 4S GRAPHIC SCALE Ill R-3 HIGH DENSITY RFSICENHAL t 1 I WOO 3003 0 MH MOBILE HOME Q e T�9 ( IN PLCI ) Y FI y 1 inch = 1000n aC-1 II6£iT CObthffi2CW. Se a C-2 ecg I ' - r -. I DATE: 1999 1B'-ANY CDMMPRCLTI, S c Q ® I 1-1 LIGHT INDUSTRY S r _ A CORPORATE LIMES _ _ _ _ - _ - _ _ .� SECTION IINE �q--r�� Tr__ ton.;- -Am---40-- - - - • _ _ _ _ _ _ - - _ _ _�t. ___ RIGHT-OF-WAY LINE 1-2 HEAVY INDllSIRY TTI r--T--r RAILROAD TRACKS a P PARKS @ OPEN SPACE VACATED STREBIS;LAND REVERTED BACK TO ADJOINING EATS °0 OFFICIAL ZONING MAP OF THE TOWN OF 3 GILCREST AS AMENDED:ORDINANCE 1998-4, _ ^8 ADOPTED APRIL 20,1998 • MilaDOVra etaoors as rzo at 5H=S -ri's' IS PROPOSED ANNEXATION \ i`` »r w I s. �7 a ;�6K�y5 4 _ x Yu / g cc" ttr v r L s-.41kiICS; t44eR1R II L.. I I II ZONING LEGEND 9) YtI Y . A AGRICULTURAL I P R-1 DOW DENSITY RESIDENTIAL j 00 g IN�. = R-2 MEDIUM DENSITY RESIDENTIAL I i I e • �_ e 5' t Iii GRAPHIC SCALE R-3 HIGH DENSITY RESIEENTLL ■ r 46s \`l - 7 a oao Mil MOBILEHOME ® ® ( IN FEET 1 Fl y I men - 1000 it El C-1 LIGHT COMMERCIAL C s rata If I ., DATE: 1999 C-2 HEAVY COMMERCIAL ® I 1 1-1 LIGHT INDUSTRY CORPORATE LIMITS o SECTION UNE C �• aS _a_ _zi _ '" I-2 HEAVY INDUSTRY Mertm'--" _xe�s —tia--. sss ___ RIGHT-OF-WAY LINE . . . POI ROAD TRACKS • P PARKS & OPEN SPACE VACATED ADJOINING REVEItIED a BACK TO AIAO1NIiG LOTS " m OFFICIAL ZONING MAP OF THE TOWN OF GILCREST AS AMENDED:ORDINANCE 1998-4, M( — ADOPTED APRIL 20,1998. Y ,H .� --- G!'[ , 'kp '0 Y...J N FOURTEENTH ST. (WELD COUNTY ROAD No.42) en Q i O C __...-. / COUNTRY — CO TRY . . . i O Oa drdAVf40' 7 ncc )— v) — m = M F r�:rrs�r iie i [11, '90 NINTH ST. \+Q)64j EIGHTH ST.1:\/›.(1, •IkQ" I ;-:E-71 E7 5 ?A Q J OP y SIXTH ST. � ,�4 OS 4(1)7ZQ W 5 Q- F ::::::,7 J ...., l ' t7 q3. _,.,, M Cl) PROPOSED ROADWAYS COUNTY ROAD No.40 g 8 — I S) E � ©ons�ifg °nc�iiT° °r�o 1335 17th street 0. mile )1t:1381AT, colorodo8070771�/ (303) 2""•'° C0LNTRYMEAD0WSIT STUDY e OLT EXHIBIT 3 pas co $ ar® EXISTING et PROPOSED STREETS umcl 2003 ...'(Nc � TOWN OF G/!.CREST .a «� , in — 14"WATERLINE FROM — CWCWD 3 CENTRAL WELD COUNTY FOURTEENTH ST. (WELD COUNTY ROAD No.42) METER e_ J WATER DISTRICT . r - " COUNTRY%///�� % / s• e LL Q �OC CO TRY fr �NEADOWS� 6"DlP � • a : . • , ,iiiiooi� Y Pnwat � io , OO — 6'DIP �} �I Iii- �JNGLrrH sT. — �j 6 DIPlIlP9 I p 6"DIP 16-DIP I Ha 1 2 I 4-DIP m . . 1 TFNJN8 6 o. I 3 14 a — 44� NINTH ST. DIP R I ,"01P a m yeti % _... ,1/2,_ I EIGHTH ST. ,,- DIP JRAGE TANKS • LL1 9 % AND BOOSTER /Q �� ELL 2 PUMP STATION - :�-aP �' �LC11a 13 4 co Q pP .SI/ �h 42•3je'Lbv 6.DIP r �� FwTH ST. D +CP/ 1 , ; . J. 0- , ow g /!. e, Co 1§ COUNTY ROAD No.40 �•S 3 $ _i -1 IP [7 ©° Se Bu . a 1331 17th aces . a.n. no . denvn, colored* 80202 (303) 293-610) -9 w° COUNTRY MEADOWS IMPACT STUDY ni6%u016 ep M EXHIBIT 4 me S 0LT EXISTING WATER UTILITIES ,w¢n 2003 N reverrew.n_ti I.."'CO nc TOWN OF CILCREST I. , iii FOURTEENTH ST. (WELD COUNTY ROAD No.42) j/C%/ rS4L EpDO %' M WC/VilAS/ T. c !C) T a iWiLFFFI-ST.- _ 10" L 1E] ' STATION FORCE & MAIN ..... rI FVMNIN I I q 4"FORCE MAI 2 J AEN1HST a 4. i IAy_ NINTH ST. 1 G+�a10"FORCE �@ EIGHTH ST. I-) 1 MAIN 9>" ur1❑ CT�TI/�Y MAIN R311Fr1 Irk, E;>. t in .... /in SIXTH ST. 447 -U ,�, FCAN es o-TH ST. ?1/C-F-1 J' 4/1 NOTE: FO�1'TH ///�/� ALL LINES ARE 8"UNLESS a OTHERWISE INDICATED in ci _8 t1 /) 4i ( i ii COUNTY ROAD No.40 g 90 _I r { Cho nsitltlinoi MgineerS, h6, L1331 171h street • .Wt. fl • Eenrer, <do202 LI cS5 TP (](13) SWa -8107 reeo m.< COUNTRY MEADOWS IMPACT STUDY 20016 ou EXHIBIT 5 0,0s $ oar se EXISTING SANITARY SEWER UTILITIES 3003 _'t wee aG em se OF CILCREST i. I N Exhibit 6 r TOWN OF GILCREST ANNEXATION IMPACT REPORT COUNTRY MEADOWS March 2003, DRAFT DRAFT DRAFT DRAFT 03131;03 10:42 7v i ANNEXATION AGREEMENT COUNTRY MEADOWS ANNEXATION THIS ANNEXATION AGREEMENT ("Agreement") is entered into and made effective as of the _ day of , 2003, between the TOWN OF GILCREST, a municipal corporation of the State of Colorado, whose address is 304 8th Street, Gilcrest, Colorado 80623 (the "Town"), and WESTERN EQUIPMENT & TRUCK, INC., a Colorado Corporation whose address is 2055 1" Avenue, Greeley, Colorado 80631 (the "Owner"). Sections 1 through 5, inclusive, of this Agreement shall be effective only upon the annexation of the real property more fully described below into the Town. RECITALS AND REPRESENTATIONS: WHEREAS, except for public streets and highways, the Owner is the sole owner of the property located in Weld County, Colorado, more fully described on Exhibit A attached hereto and incorporated into this Agreement (the "Property"); and WHEREAS, pursuant to the Colorado Municipal Annexation Act, C.R.S. §§31-12- 101, et seq., the Owner has filed a petition for annexation of the Property into the Town, such property to be otherwise known as the Country Meadows Annexation; and WHEREAS, the Town wishes to control its growth in a planned and orderly fashion, maintaining and improving its quality of life and its ability to provide and enhance environmental amenities, services, and local opportunity for its citizens; and WHEREAS, the Owner wishes to develop the Property for use or uses compatible with its objectives and those of the Town; and WHEREAS, it is in the public interest for the parties to enter into a written agreement regarding the matters addressed in this Agreement. COVENANTS: NOW, THEREFORE, in consideration of the mutual covenants contained herein and the annexation of the Property by the Town, the adequacy and sufficiency whereof are acknowledged, the parties agree as follows: 1. TOWN JURISDICTION OVER PROPERTY. Except as expressly set forth in Sections 3 and 4 below with respect to zoning and improvements, the Property shall, upon annexation, be subject to all of the ordinances, codes, rules, regulations, policies and applicable contracts of the Town, as now or hereafter constituted. CNBA53377A434532.03 DRAFT DRAFT DRAFT DRAFT 03/31/03 10:42 Ml 2. UTILITY AND MUNICIPAL SERVICES. The Town shall provide to the Property the usual and customary municipal services provided by the Town within its municipal limits generally, in accordance with the ordinances and policies of the Town and the terms of this Agreement. 2.1 WATER AND SANITARY SEWER SERVICE. The Owner shall extend and improve Town water and sanitary sewer services to serve the Property pursuant to Section 4 of this Agreement. 2.2 FIRE PROTECTION SERVICES. The Town does not provide municipal fire protection services but such services are available generally from the Platteville- Gilcrest Fire Protection District. If the Property is not within said district, the Owner shall cause the Property to be included within the same prior to the Town's issuance of a building permit for above-grade new construction located within the Property. 2.3 POLICE SERVICES. The Town shall provide police services to the Property upon the same basis as such services are provided to other property within the Town. 2.4 ELECTRIC, NATURAL GAS, TELEPHONE, CABLE TV AND OTHER UTILITY SERVICES. The Owner shall contract for installation of services not provided by the Town. Owner acknowledges that the Town may, in its discretion, require Owner to provide for any or all of these services. 2.5 TRANSPORTATION SERVICES. The Town shall maintain duly dedicated and accepted public streets and roads within its municipal boundaries which serve the Property, both on and off-site, upon the same basis as such services are provided to other property within the Town. 3. ZONING. The parties' mutual desire and decision to annex the Property into the Town is based in part upon their expectation that development thereof will occur in accordance with the provisions of this Section 3 and the site plan attached hereto as Exhibit B. The Zoning Petition filed by the Owner proposes, and the Town plans to approve, an R-1 zoning classification for the Property. The Property shall be subject to all requirements of the Town's zoning regulations, as now or hereafter constituted. 3.1 EXISTING NON-CONFORMING BUILDINGS/USES. The non- - conforming uses and structures listed below shall be permitted to continue as such, subject to applicable restrictions upon non-conforming uses and structures set forth in the zoning ordinances and regulations of the Town. Non-conforming uses and structures not specifically provided for in this 3.1 shall be abated and discontinued within one year after the effective date of the Annexation. CNB\53377A434532.03 2 DRAFT DRAFT DRAFT DRAFT 03/31/03 10:42 anal A. Two existing residential buildings located near Weld County Road 42 (Fourteenth Street) shall remain and the property under such buildings will be platted into one or two lots pursuant to Exhibit B. B. Two underground individual sanitary systems associated with the two residential buildings referenced in 3.1.A. above shall remain in their current locations until the development of streets and utilities extend to the buildings pursuant to a Town-approved subdivision plat. The sanitary system associated with the western-most building extends approximately one hundred and fifty feet (150') south from said building. The sanitary system associated with the eastern-most building extends approximately one hundred and fifty feet (150') east from said building. Each system is of a maximum width of the building it serves. C. Existing oil and gas facilities shall remain in their current location and will be incorporated into the final development as depicted on Exhibit B. D. Driveway access and water connection for the two existing buildings referenced in 3.1.A. above shall remain on Weld County Road 42. 3.2 REZONING. Nothing in this Agreement shall be construed or interpreted to limit, restrict or abrogate in any way the power or authority of the Town to rezone the Property or any portion thereof at any time after annexation, either on its own motion or in response to a zoning petition. Notwithstanding the foregoing, however, so long as actual development of the Property substantially in accordance with Exhibit B begins within 12 months after annexation and continues without a delay or interruption of more than 24 consecutive months, the Town will not initiate any rezoning that would cause the planned development of the Property to become non-conforming with or otherwise in violation of the Town's zoning regulations. 4. REQUIRED IMPROVEMENTS. Prior to commencement of any development of the Property, the Owner shall enter into a Subdivision Improvement Agreement (SIA) with the Town. Each respective SIA shall address the specific public improvements required in connection with such development as shall be determined at the time application for subdivision approval is made, in accordance with applicable laws, rules and regulations of the Town and of the state of Colorado. 4.1 SUBDIVISION REQUIRED. Prior to the commencement of any residential development of the Property, the Owner shall apply for and obtain Town approval for a subdivision which meets the goals and purposes of the Town Comprehensive Plan. The specific public improvements required in connection with such development shall be _ determined at the time application for subdivision approval is made, in accordance with CNB\53377A434532.03 3 DRAFT DRAFT DRAFT DRAFT 03/31/03 10:42 AM applicable regulations of the Town. The Owner shall in any event participate in the financing of such off-site improvements as may be necessary or appropriate to mitigate the impacts of development of the Property, all as reasonably and equitably determined by the Town in accordance with ordinances and regulations of the Town, the laws of the State of Colorado and the United States. 4.2 OFF-SITE IMPROVEMENTS FOR ANTICIPATED DEVELOPMENT. _ Owner shall participate in the financing of such off-site improvements as may be necessary or appropriate to mitigate the impacts of development of the Property, all as reasonably and equitably determined by the Town in accordance with ordinances and regulations of the Town, the laws of the State of Colorado and the United States. For the type and density of development of the Property shown on Exhibit B, the Owner's obligations for off-site improvements shall consist of those described in 4.2 a. through e. below. Those improvements constructed directly by Owner shall be constructed and installed in accordance with plans and design approved by the Town and conveyed to the Town at no cost to the Town as provided in 4.3 below. If other properties benefited by such improvements develop at or about the time Owner constructs its improvements, the Town will modify these requirements or obtain financial participation from such properties if legally possible and otherwise feasible to reduce the cost to Owner. In any event, the Town will offer reasonable reimbursement opportunities to enable Owner to recover that part of the cost of improvements constructed by Owner which is in excess of the cost of improvements necessary to serve only the Property from the owners of other undeveloped properties for whom the improvements are used or useful, in accordance with Town regulations in effect at the time such improvements are constructed. a. Sewer. Such off-site sewer facilities as are necessary to effect service to the Property, as determined by the Town at the time the Owner applies for subdivision approval for any portion of the Property. b. Water. Such off-site water facilities as are necessary to effect service to the Property, as determined by the Town at the time the Owner applies for subdivision approval for any portion of the Property. c. Connection of all water and sewer improvements on the Property to the Town's water and sewer systems. d. Street Improvements. Owner shall be responsible for the improvement costs of roadways adjacent to the Property to the centerline of the right-of-way, or to the full width of right-of-way extending one-half the length of adjacency. e. Drainage . Such off-site sewer facilities as are necessary to insure that runoff from the Property does not exceed historic runoff or otherwise adversely affect CNB\53377\434532.03 4 DRAFT DRAFT DRAFT DRAFT 03/31/03 10:42 ANI downstream properties, as determined by the Town at the time the Owner applies for subdivision approval for any portion of the Property. 4.3 CONVEYANCE AND ACCEPTANCE REQUIREMENTS. Owner shall be subject to the conveyance and acceptance requirements, and reimbursement opportunities, set forth in the Gilcrest Municipal Code for all public improvements installed by it in connection with the development or use of the Property. 5. OWNER'S INDEMNIFICATION AGAINST LEGAL CHALLENGE. The Owner understands and acknowledges that the annexation and zoning of the Property may be subject to challenge by the filing of litigation in a state or federal court. In the event of such challenge, the Town will incur costs and expenses related to defense of same, including reasonable attorney's fees, filing fees, and court costs. The Owner shall indemnify and shall pay all reasonable costs and expenses incurred by the Town in any defense of the annexation and/or zoning of the Property, regardless of outcome; provided, however, that the Town shall reserve and retain the right to repeal, modify, or amend any or all ordinances or resolutions annexing or zoning the Property, and shall reserve and retain the right to settle, prosecute, litigate, and defend any such action in any manner and by any method that the Town deems appropriate, desirable, or in its best interests. The Town shall, to the extent practicable and convenient, consult with and advise the Owner of the progress of any defense. 6. OWNER'S INDEMNIFICATION AGAINST REFERENDUM. The Owner understands and acknowledges that the annexation and zoning of the Property may be subject to public referendum. In the event of the filing of a public referendum, the Town may incur costs and expenses related to conducting a municipal election, including but not limited to costs and expenses of publication, printing, and mailing, reasonable attorney fees, and the costs of retaining the services of election judges. The Owner shall indemnify and shall pay all reasonable costs and expenses incurred by the Town in conducting such election, regardless of outcome; provided, however, that the Town shall reserve and retain the right to repeal, modify, or amend any or all ordinances and resolutions annexing or zoning the Property or to take any other action the Town deems appropriate, desirable, or in its best interests in the handling, consideration of the referendum petition and referendum election. 7. NO VESTING OF RIGHTS. Nothing in this Agreement shall be construed to vest any property rights to the development of the Property, including but not limited to vesting of rights in accordance with Article 68 of Title 24, Colorado Revised Statutes. 8. WAIVER. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 9. BINDING EFFECT. This Agreement shall be binding upon the successors, CNB\53377A434532.03 5 DRAFT DRAFT DRAFT DRAFT 03/31/03 10:42 :v1v1 heirs, legal representatives, and assigns of the parties, and the benefits and burdens hereof shall constitute covenants running with the Property. In the event that all or part of the Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 10. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Owner, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intent of the Town and Owner that any person other than the Town or the Owner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 11. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. This Agreement may be enforced at law or in equity. In addition to any other available remedies, the Town may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot or structure within the Property owned at the time by Owner or a developer successor of Owner in the event of a breach of this Agreement by the Owner. 12. ATTORNEY'S FEES. If the Owner breaches this Agreement, the Owner shall pay the Town's reasonable costs and attorney's fees incurred in the enforcement of the terms, conditions, and obligations of this Agreement. 13. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 14. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and no additional or different representation, promise or agreement, written or oral, shall be binding upon either party with respect to the subject matter hereof. This Agreement may be amended only by an instrument in writing signed by the parties. 15. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 16. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the Town with the Clerk and Recorder's Office of Weld County, Colorado. The Owner shall pay the reasonable cost of recordation of this Agreement upon request by the Town. -- CNB\53377\434532.03 6 DRAFT DRAFT DRAFT DRAFT 03/31/03 10:42 ant IN WITNESS WHEREOF the parties have set their hands and seals effective as of the day and year first above written. TOWN OF GILCREST, a municipal corporation ATTEST: Paul Chacon, Mayor Linda Chosa, Town Clerk OWNER: WESTERN EQUIPMENT & TRUCK, INC. By: Craig Sparrow, President STATE OF ) ss. COUNTY OF ) The above and foregoing instrument was acknowledged before me this day of , 2003, by Craig Sparrow as President of Western Equipment & Truck, Inc. My Commission expires: Notary Public [ SEAL ] CNB\53377\434532.03 7 Exhibit 7 TOWN OF GILCRESf' ANNEXATION IMPACT REPORT COUNTRY MEADOWS March 2003 Weld County School District RE- 1 Gilcrest • LaSalle • Platteville P.O. Box 157 14827 W.C.R.42 Gilcrest, CO 80623 Jo Barbie-Redmond, Superintendent Phone 970-737-2403 Bj Stone, Director of Curriculum and Staff Development Fax 970-737-2516 Ed Smith, Director of Auxiliary Services and Personnel Metro 303-629-9337 Jeff Cogburn, Director of Student Achievement March 19, 2002 — Acklam Associates, Inc. Attention: Donald E. Casper P.O. Box 759 - Brighton, Colorado 80601 Dear Mr. Casper: This letter is to serve as a response to your request regarding the impact on Weld County School District _ RE-1 if the Town of Gilcrest annexed property located west of Birch Street and south of W.C.R. 42, also known as the Van Hare farm. Based on the information you provided via a telephone conversation on March 13, 2002 it is my understanding that the property will be developed to include from 150 to 200 single family units. As per school district standards this development could generate 60-80 elementary students, 30-40 middle school students and 30-40 high school students. Gilcrest attendance area includes Gilcrest Elementary, North Valley Middle School and Valley High School. Weld RE-1 is committed to keeping class size at approximately 20 students per classroom at the elementary level and 25 students per classroom at the secondary level. Using 2001-2002 enrollments and considering your development only, Gilcrest Elementary would exceed capacity and North Valley Middle School would meet capacity should - the projections for this development come to fruition. Valley High School is presently positioned for approximately 200-250 more students than this development would produce. Based on your preliminary cost of the homes in this development, it is likely that the purchasers of these homes will have school age - children. With this in mind, the school district would need to add 4-6 classrooms at Gilcrest Elementary should 60-80 additional students enter the school in the next five to seven years. The school district would need to consider a myriad of options at the middle school level that could possibly include classroom additions, attendance boundary changes and/or a new middle school. Any additions to present facilities or new facilities will require the school district to ask voters to pass a bond issue. Weld RE-I will finish paying for the last bond issue in three to four years. In order to accommodate growth from this - subdivision, as well as potential other developments, the school district will need to ask voters to pass a BOARD OF EDUCATION Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baier Marsha Harris President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students new bond issue based on growth and district needs for 2005-2015. Again, the voters in the school district must approve any long-term debt by the school district for any capital construction projects. Weld RE-1 has entered into an intergovernmental agreement with the Town of Gilcrest for site dedication and in-lieu payments. Please see enclosed Board Policy File: FEE, FEE-R, and FEE-E-1 Exhibit A. Presently, Weld RE-1 does not require additional school sites in the Gilcrest attendance area. Therefore, the school district would request in-lieu payments in the amount of$1,054.20 per single family unit. As discussed during our phone conversation, Weld RE-1 would be interested in considering options other than in-lieu payments that would benefit the school district, families living in the development and the Town of Gilcrest. As you and the Town of Gilcrest work through the annexation and development process, Weld RE-I would like to work closely with you and the Gilcrest town board to ensure that all parties involved - understand the impact of this development and how we can meet the needs of each entity. Please feel free to contact me at 303-629-9337 or 970-737-2403 if you have any questions regarding the information in this letter and as we proceed with conversation regarding your development in the Town of Gilcrest and - Weld County School District RE-1. Sincerely, - Jo Barbie-Redmond Superintendent of Schools pc: Town of Gilcrest Board of Directors Weld RE-1 Board of Directors Enclosures BOARD OF EDUCATION Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baier Marsha Harris - President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students TOWN OF GILCREST, COLORADO RESOLUTION NO. 2003-09 A RESOLUTION FINDING AN ANNEXATION PETITION SUBMITTED BY WESTERN EQUIPMENT & TRUCK CO. INC. FILED FEBRUARY 3, 2003, TO BE IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTION 31-12-107 (1) , C.R.S. , AND ESTABLISHING A DATE, TIME, AND PLACE FOR A HEARING TO DETERMINE WHETHER THE PROPOSED ANNEXATION COMPLIES WITH THE APPLICABLE REQUIREMENTS OF STATE LAW AND IS ELIGIBLE FOR ANNEXATION TO THE TOWN OF GILCREST. RECITALS A. On February 3, 2003 a Petition for Annexation was filed with the Town by persons who are the landowners of more than fifty percent (50%) of the territory proposed to be annexed, described on Exhibit A attached hereto and incorporated herein by reference, who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the Town of Gilcrest. B. Said Petition requests the Town of Gilcrest to annex said area. C. Section 31-12-107 (1) (f) , C.R. S. , requires the Board of Trustees, without undue delay, to take appropriate steps to determine whether the Petition substantially complies with Subsection 31-12-107 (1) , C.R.S. D. The Town Planner has reported to the Board of Trustees that said Petition is in substantial compliance with the applicable requirements of Subsection 31-12-107 (1) C.R.S. E. Section 31-12-108, C.R.S. , requires that any resolution finding compliance of a Petition for Annexation shall also establish a date, time, and place that the Board of Trustees will hold a public hearing to determine whether the proposed annexation complies with the applicable requirements of Subsection 31-12-104 and 31-12-105, C.R.S. , and is eligible for annexation. F. The Board of Trustees has determined that said Petition for Annexation is in substantial compliance with Subsection 31-12-107 (1) , C.R.S . G. The Board of Trustees desires to set a date, time, and place for public hearing to determine whether the proposed annexation complies with the applicable requirements of Subsection 31-12-104 and 31-12- 105, C.R.S. , and is eligible for annexation. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Gilcrest, Colorado as follows: 1 . The Board of Trustees hereby finds and determines: (a) That a Petition for Annexation has been filed with the Town Clerk signed by persons who are landowners of more than fifty percent (50%) of the territory proposed to be annexed, described on Exhibit A attached hereto and incorporated herein by reference, excluding public streets and alleys and any land owned by the Town of Gilcrest; (b) That said petition requests the Board of Trustees to annex said area; and (c) That said Petition substantially complies with Subsection 31-12-107 (1) , C.R.S. 2 . Pursuant to Subsection 31-12-108, C.R. S. , public hearing is scheduled for April 21, 2003, at the hour of 7:00 p.m. , for the purpose of enabling the Board of Trustees to determine whether the area proposed to be annexed complies with the applicable requirements of Subsection 31-12-104 and Subsection 31-12-105, C.R. S. , and is eligible for annexation; whether or not an election is required under Subsection 31-12-107 (2) , C.R.S. ; and whether or not additional terms and conditions are to be imposed. Said hearing shall be held at the Gilcrest Town Hall, 305 Eight Street, Gilcrest, Colorado. 3. The Town Clerk shall give notice of said hearing in the manner prescribed by Subsection 31-12-108 (2) , C.R. S. ADOPTED AND APPROVED this 10th day of March, 2003. TOWN OF GILCREST,/•LORADO By: aul C on, Mayor ATTEST: By: do i CL Ic Linda Chosa, Town Clerk I LEGAL DESCRIPTION: (TAKEN FROM UNITED GENERAL TITLE INSURANCE CO., ( RDER NO. UJ62114, DATED JANUARY 3, 2002 AT 7:00 A.M.) . A_L THAT PART OF THE NORTH ONE-HALF OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE: 6TH P.M., WELD COUNTY, COLORADO, FORMERLY KNOWN AS ALL OF E3_OCKS 15, 16, 38, 39, 40, 41 , 72 AND 73, TOWN OF GILCREST, WELD COUNTY, COLORADO, VACATED AND DISCONNECTED BY INSTRUMENTS RECORDED JULY 6, 1934 IN BOOK 962 AT PAGE 306, NOVEMBER 23, 1934 IN BOOK 969 AT PAGE 294; TOGETHER WITH ALL. STREETS, AVENUES, BOULEVARDS, AND ALLEYS ADJACENT THERETO' AND VACATED BY SAID INSTRUMENTS; EXCEPTING THEREFROM A PORTION OF SAID BLOCK 38 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 38; THENCE NORTH , 208.7 FEET; THENCE WEST 208.7 FEET; THENCE SOUTH 208.7 FEET; THENCE EAST 208.7 FEET TO THE: POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. CONTAINING 1 ,902,044 SQUARE FEET OR 43.67 ACRES, MORE OR LESS. BASIS OF BEARINGS: BEARINGS USED ON THIS SURVEY ARE BASED ON THE ASSUMPTION THAT THE NORTH LINE OF SECTION 28, T. 4 N., R. 66 W., OF THE 6TH P.M., WELD COUNTY, COLORADO BEARS N90'00'OO"W AS REFERENCED. NOTICE OF PUBLIC HEARING Country Meadows Annexation Petition & Zoning Request NOTICE IS HEREBY GIVEN that a Petition for Annexation of territory hereinafter described has been presented to the Board of Trustees of the Town of Gilcrest, Colorado and found to be in apparent compliance with the applicable provisions of law. The Board of Trustees has adopted a Resolution setting a public hearing to be held at 7:00 P.M., or as soon thereafter as the matter may be heard, on April 21, 2003, at the Gilcrest Town Hall, 304 Eighth Street, Gilcrest, Colorado, to determine if the proposed annexation complies with the applicable requirements of law. Description of the territory proposed for annexation: All that part of the North 1/2 of Section 28,Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, formerly known as all of Blocks 15, 16, 38, 39, 40, 41, 72 and 73, Town of Gilcrest, Weld County, Colorado, vacated and disconnected by instruments recorded July 6, 1934 in book 962 at Page 306, November 23, 1934 in book 969 at Page 294, together with all streets, avenues, boulevards, and alleys adjacent thereto and vacated by instruments; Excepting therefrom a portion of said Block 38 described as follows: Beginning at the SE Corner of said Block 38; thence North 208.7 feet; thence West 208.7 feet; thence South 208.7 feet; thence East 208.7 feet to the Point of Beginning. County of Weld, State of Colorado Containing 1,902,044 Square Feet or 43.67 Acres, More or Less NOTICE IS ALSO GIVEN that at such time and place the Board of Trustees will hold a public hearing for the consideration of an application to zone the subject property to Zone R-1. Any person may appear at the hearing and present evidence upon any matter to be considered by the Board of Trustees. The Resolution adopted by the Board of Trustees finding the Annexation Petition to be in substantial compliance with the applicable requirements of law, is as follows: TOWN OF GILCREST, COLORADO RESOLUTION NO. 2003-09 A RESOLUTION FINDING AN ANNEXATION PETITION SUBMITTED BY WESTERN EQUIPMENT &TRUCK CO. INC. FILED FEBRUARY 3,2003,TO BE IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTION 31-12-107 (1),C.R.S.,AND ESTABLISHING A DATE,TIME,AND PLACE FOR A HEARING TO DETERMINE WHETHER THE PROPOSED ANNEXATION COMPLIES WITH THE APPLICABLE REQUIREMENTS OF STATE LAW AND IS ELIGIBLE FOR ANNEXATION TO THE TOWN OF GILCREST. RECITALS A. On February 3, 2003 a Petition for Annexation was filed with the Town by persons who are the landowners of more than fifty percent(50%)of the territory proposed to be annexed, described on Exhibit A attached hereto and incorporated herein by reference, who own more than fifty percent(50%) of said area, excluding public streets and alleys and any land owned by the Town of Gilcrest. B. Said Petition requests the Town of Gilcrest to annex said area. C. Section 31-12-107 (1)(f), C.R.S., requires the Board of Trustees, without undue delay, to take appropriate steps to determine whether the Petition substantially complies with Subsection 31-12-107 (1), C.R.S. D. The Town Planner has reported to the Board of Trustees that said Petition is in substantial compliance with the applicable requirements of Subsection 31-12-107 (1)C.R.S. E. Section 31-12-108, C.R.S., requires that any resolution finding compliance of a Petition for Annexation shall also establish a date, time, and place that the Board of Trustees will hold a public hearing to determine whether the proposed annexation complies with the applicable requirements of Subsection 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation. F. The Board of Trustees has determined that said Petition for Annexation is in substantial compliance with Subsection 31-12-107 (1), C.R.S. G. The Board of Trustees desires to set a date, time, and place for public hearing to determine whether the proposed annexation complies with the applicable requirements of Subsection 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation. NOW,THEREFORE,BE IT RESOLVED by the Board of Trustees of the Town of Gilcrest, Colorado as follows: 1. The Board of Trustees hereby finds and determines: (a) That a Petition for Annexation has been filed with the Town Clerk signed by persons who are landowners of more than fifty percent(50%)of the territory proposed to be annexed, described on Exhibit A attached hereto and incorporated herein by reference, excluding public streets and alleys and any land owned by the Town of Gilcrest; (b) That said petition requests the Board of Trustees to annex said area; and (c)That said Petition substantially complies with Subsection 31-12-107(1), C.R.S. 2. Pursuant to Subsection 31-12-108, C.R.S., public hearing is scheduled for April 21, 2003, at the hour of 7:00 p.m., for the purpose of enabling the Board of Trustees to determine whether the area proposed to be annexed complies with the applicable requirements of Subsection 31-12-104 and Subsection 31-12- 105, C.R.S., and is eligible for annexation; whether or not an election is required under Subsection 31-12- 107 (2), C.R.S.; and whether or not additional terms and conditions are to be imposed. Said hearing shall be held at the Gilcrest Town Hall, 305 Eight Street, Gilcrest, Colorado. 3. The Town Clerk shall give notice of said hearing in the manner prescribed by Subsection 31-12- 108 (2), C.R.S. ADOPTED AND APPROVED this 10th day of March, 2003. TOWN OF GILCREST, COLORADO By: Paul Chacon, Mayor ATTEST: By: Linda Chosa, Town Clerk Publish Weekly: First Publication: March 20, 2003 Second Publication: March 27, 2003 Third Publication: April 3, 2003 Fourth Publication: April 10, 2003 d , PETITION FOR ANNEXATION TO: THE HONORABLE MAYOR AND TRUSTEES OF THE TOWN OF GILCREST, COLORADO: The undersigned, being the owners of more than fifty percent (50%) of the area herein proposed to be annexed to the Town of Gilcrest, as shown on the Annexation Map and described as follows, to wit: RespecLi'ully allege and state as follows: 1 . The territory proposed to be annexed is unincorporated and not embraced within any city or incorporated town. 2. It is desirable and necessary that such territory be annexed to the Town of Gilcrest. 3. The requirements of Section 4 and 5 of the Municipal Annexation Act of 1965 (C.R.S. 1973, 31-12-104 and 31-12-105, as amended) exist or have been met in the following particulars: a. Not less than one-sixth (1/6th) of the perimeter of the area proposed to be annexed is contiguous with the Town of Gilcrest. b. A community of interest exists between the area proposed to be annexed and the Town of Gilcrest; said area is urban or will be urbanized in the near future; and said area is integrated with or is capable of being integrated with the Town of Gilcrest. c. No Petition for Annexation of the territory described herein or any part thereof is pending or has been made to any other municipality. 4. The landowners of more than fifty percent (50%) of the territory included in the territory proposed to be annexed (exclusive of public streets and alleys) have joined in and have signed this Petition. 5. After annexation to the Town of Gilcrest, the land shall be subject to all the laws, ordinances, regulations and taxes of the Town of Gilcrest. 6. Petitioner acknowledges that he will be required to pay all fees as set forth by the Municipal Code of the Town of Gilcrest and he agrees to make such payments upon request. 7. The Petitioner desires the zoning classifications set forth upon his Annexation Map filed herewith [and designated in his zoning petition filed herewith] . 8. The non-refundable annexation application fee of $300.00 is , tendered herewith. WHEREFORE, Petitioner requests that the Town of Gilcrest approve the annexation of the area proposed to be annexed. Petitioner's signature, name Description of lands mailing address, and date owned by each Petitioner bt/€5 f£11n gq ff's.r 2a-7774 (-4 w ' -ass- ! 5r-.1-vf- 4/7ft tr tv eoen- (Name) Dote (Mailing Address) /3yE7 //J��//i /`W1)- / 2- 11-03 - (Name) Date (Mailing Address) (Name) Date (Mailing Address) STATE OF COLORADO ) ) ss. COUNTY OF WELD The undersigned, being of lawful age and first duly sworn, deposes and states that (he)(she) was the circulator of the above and foregoing Petition for Annexation, and states that each signature therein is the signature of the person whose name it purports to be. Subscribed and sworn to before me this of , 199 , by /R(1 witness my Hand and Official Seal . _\0\C" Pluac* ,61 My expires: , ) �5-( . I agwu'xu4�y4i commission �� ER U I— "- . 1 PUBLIC*/O1 i44%%4 nco'`0 1 REZONING PETITION (I, WE) THE UNDERSIGNED, BEING THE OWNERS OF THE PROPERTY DESCRIBED AS (SEE ATTACHED LEGAL DESCRIPTION) CONTAINING 43.67 ACRES MORE OF LESS, HEREBY REQUEST A CHANGE IN ZONING FROM AGRICULTURAL (WELD COUNTY) TO R-1 AND DO HEREBY PAY THE REQUIRED FEE. DATE OWNER'S SIGNATURE MAILING ADDRESS 2- 0- 03 - LtvC4tt7'I CQ €P,'/nI'T4-I-ne/4- ire, ZoS-s- / 5 7-,e1115 6fEt l f/ (0 807/ 5j VAtine-- - I LEGAL DESCRIPTION: (TAKEN FROM UNITED GENERAL TITLE INSURANCE CO., ORDER NO. UJ62114, DATED JANUARY 3, 2002 AT 7:00 A.M.) Al THAT PART OF THE NORTH ONE-HALF OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, FORMERLY KNOWN As ALL OF B_OCKS 15, 16, 38, 39, 40, 41 , 72 AND 73, TOWN OF GILCREST, WELD COUNTY, COLORADO, VACATED AND DISCONNECTED BY INSTRUMENTS RECORDED JULY 6, 1934 IN BOOK 962 AT PAGE 306, NOVEMBER 23, 1934 IN BOOK 969 AT PAGE 294; TOGETHER WITH ALL STREETS, AVENUES, BOULEVARDS, AND ALLEYS ADJACENT THERETO' AND VACATED BY SAID INSTRUMENTS; EXCEPTING THEREFROM A PORTION OF SAID BLOCK 38 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 38; THENCE NORTH 208.7 FEET; THENCE WEST 208.7 FEET; THENCE SOUTH 208.7 FEET; THENCE EAST 208.7 FEET TO T-IE: POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. CONTAINING 1 ,902,044 SQUARE FEET OR 43.67 ACRES, MORE OR LESS. BASIS OF BEARINGS: BEARINGS USED ON THIS SURVEY ARE BASED ON THE ASSUMPTION • THAT THE NORTH LINE OF SECTION 28, T. 4 N., R. 66 W., OF THE 6TH P.M., WELD COUNTY, COLORADO BEARS N90'00'00"W AS REFERENCED. //ti of CO-I( '‘, TAi i (47 • _ Oi ■ 1 i.STATE O / RADO DEPARTMENT OF STATE CERTIFICATE I, DONETTA DAVIDSON, Secretary of State of the State of Colorado, hereby certify that,according to the records of this office, WESTERN EQUIPMENT&TRUCK INC. (Colorado CORPORATION ) File# 19871508825 was filed in this office on February 16, 1983 and has complied with the applicable provisions of the laws of the State of Colorado and on this date is in good standing and authorized and competent to transact business or to conduct its affairs within this state. Dated: January 28,2003 For Validation: Certificate ID: 631793 To validate this certificate,visit the following web site,enter this certificate ID,then follow the instructions displayed. www.sos.state.co.usNalIdateCertIfIcate r SECRETARY OF STATE JMNIINallIN ■ ,Colorado Secretary of State Page 1 of 2 .OF s%� Colorado Secretary of Si "'. •., Business +'i r:g p► Center IS76 Search Business Entities Entity Detail • E-File Periodic Reports = JView History and Documents. Registered Agent Search Name: WESTERN EQUIPMENT & Obtain Certificate of TRUCK INC. Good Standin Entity ID: 19871508825 Search Our Site Entity Type: CORPORATION Filing Date: 02/16/1983 Status: GOOD State of CO Incorporation: Term: PERPETUAL Inactive Date: N/A Last Report: Report not filed Last Report Filing ID: none Name Reservation N/A Expires: Registered Agent Name: SPARROW CRAIG Physical Address: 2055 1ST AVE GREELEY Colorado 80631 PO Box: None http://www.sos.state.co.us/cgi-forte/fortecgi/frte_corporationProdAccess14211723211 F0718... 2/11/03 Page 1ot1 ❑ STATE Of COLORADO 007 25.co BIENNIAL REPORT OF FEE S A CORPORATION OR LIMITED LIABLLtTY COMPANY ON OR SWORE DATE 04/30/1999 T v 1999 IEAO INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING THIS FORPI MUST SE TYPED PEPJREAR SUBSET SIGNED FORM WITH FILING FEE ' PWDNG°ATP 02/01/1999 WOOD/ATOM BELOW IS ON FIL F N TESS oFFICE.00 HOT Ci1ANGF PRE PONIED INFORLt.T IOW_ CWITtosrr wad PKY5TFREOMJAT.PEEI!TEI{n to WE.CM .'smir Sr1' FOR OFFICE USE ONLY 19571508525 APC STATE/COUNTRY OP INC CO SPARROW CEATOiji WESTERN EQUIPIm1T & TROCR INC. !9991013441 M 1227 5157 AVE , tatmeaT CO $0634 $ 25.00 SECRETARY FIRST REPO�.pgFO OLUNN r'rvE a a ALES!NV/YYt_w �J-�iL = • Returnd•_ports to:tale 5C\AT.pa:V NE*NEGT=TEPT_'n.Eul CorDepartment 0r Slate _ 1560 560 a S its vac:nAVEA srPECTumurF: - 1 Broadway,ti5Dvr, Slits 200 rift f - 5•A'I zP—1 Denver,CO00 00202 Co %Fa AS NAME ANJ&OWES lla SPARROW. CRAIG RAT PR 1227 519T AVE BR9 L= CO 50634 COFFMAN ®tISTY 5 VP - 2055 NET AVE ET.tfl_ P' rn,pj%I - SPARROW BRUIN CARL SS — 2055 1S 1ST mlWST CO 5M 60631 COSMOS WI:POIEDu.a3LITI LOUYMr VAS:ARS .Iv-uiu.r e-.,N.-+aria..: v...a.. aA.w,Y. SPARROW. wad tar MOOR 185 AVE J mtRLEr CO 50631 cO,TWaw CSRISTT 6 1 2055 1ST AVE - - oSScsr Co 90031 -_. _..emu SPARROW ALIAS CARL '- --""- 2 2055 1sT AVE OWLS! Co 90631 I AYT!.n"Pm.rui P,:FN Wow% 205-5` - / sr Ave- ..,r SIGNATURE Under penalties al peeny end as an authorized otticer,I declare!het thus biennial wren anti,it appLicablo.the statement al change of regelored Office andlor agent,has esaminad by me and is,to the best d my knowledge and beiiet.true.correct.and complete. TI �G^/1R� • � /� hM'WC AOr.! TITLE- -!'Ff5 GATE f£g- 3 /9f9- • NOTE. DO NOT USE THIS 00% IF THIS IS YOUR FIRST REPORT'II SEE INSTRUCTIONS ON REVERSE IF THERE ARE NO ChANGES SINCE YOUR LAST REPORT,MARK THIS BOX,SIGN ABOVE AND RETURN wiTP THE-EE AND 3Y THE DATE DUE INDICATED AtIOVE.UPPER LEF" HAND CORNER!-IF YOU ARE FUND AFTER THE DATE DUE ABOVE.CONTACT'HIS OFFICE FOR THE PROPER FFE 1303;844.226' SEE INSTRUCTIONS ON SACK :.„,„, http://www.sos.state.co.us/forte/tmpdocs/C1987508825_1999023941 00002_H.gif 2/11/03 WELD COUNTY TITLE COMPANY 1221 8th Avenue Greeley, CO 80631 Phone: (970) 356-3232 TRANSMITTAL FILE NO: UU62114 ' POLICY NO: 0-99662772 DATE: July 2, 2002 VALUED CUSTOMER: ATTN: CRAIG SPARROW @ NATURES PARK 2055 1ST AVE GREELEY CO 80631 Enclosed please find your Owner's Title Insurance Policy in regard to the following property: Property Address: VACANT LAND GILCREST CO We appreciate the opportunity to provide your title insurance needs. Please call with any questions about this policy. Please keep this policy in a safe place. This policy may afford you valuable credits with Weld County Title Company on future transactions when you sell the property or borrow in connection with the property. Please instruct your agent or lender to call us and refer to File Number UU62114 to give you eligible credits and the best possible service as we have already established and maintained a file on your property. • OWNER'S POLICY OF TITLE INSURANCE Issued by Policy 0 UNITED GENERAL No 99662772 TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,UNITED GENERAL TITLE INSURANCE COMPANY,a Colorado corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I.Title to the'estate or interest described in Schedule A being vested other than as stated therein; 2.Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title,as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding until countersigned by either a duly authorized agent or representative of the Company and Schedule A and B have been attached hereto. In Witness Whereof,United General Title Insurance Company has caused its corporate name to be hereunto affixed by its duly authorized officers as of Date of Policy shown in Schedule A. UNITED GENERAL TITLE INSURANCE COMPANY C2:CPPresident ' 111:44VGWEitil:c1 Secretary • Countersigned Q 1-24. (2jt/, t) Authorized Officer or Agent ALTA Ownni s Policy(10-17.92) UGT Farm 350 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and 3.Defects,liens,encumbrances,adverse claims or other matters: the Company will not pay loss or damage,costs,attorneys'fees or expenses which (a)created,suffered,assumed or agreed to by the insured claimant; arise by reason of: (b)not known to the Company,not recorded in the public records at Date of Policy, 1.(a)Any law,ordinance or governmental regulation(including but not limited to but known to the insured claimant and not disclosed in writing to the Company by the building and zoning laws.ordinances,or regulations)restricting,regulating,prohibiting insured claimant prior to the date the insured claimant became an insured under this or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character, policy; dimension or location of any improvement now or hereafter erected on the land;(iii) (c)resulting in no loss or damage to the insured claimant; a separation in ownership or a change in the dimensions or area of the land or any (d)attaching or created subsequent to Date of Policy;or parcel of which the Landis or was apart;or(iv)environmental protection,or the effect (e)resulting in loss or damage which would not have been sustained if the insured of any violation of these laws,ordinances or governmental regulations,except to the claimant had paid value for the estate or interest insured by this policy. extent that a notice of the enforcement thereof or a notice of a defect, lien or 4. Any claim,which arises out of the transaction vesting in the Insured the estate or encumbrance resulting from a violation or alleged violation affecting the land has interest insured by this policy,by reason of the operation of federal bankruptcy,state been recorded in the public records at Date of Policy. Solvency,or similiar creditors'rights laws,that is based on: (b)Any governmental police power not excluded by(a)above,except to the extent (a) the transaction creating the estate or interest insured by this policy being that a notice of the exercise thereof or a notice of a defect,lien or encumbrance deemed a fraudulent conveyance or fraudulent transfer,or resulting from a violation or alleged violation affecting the land has been recorded in (b) the transaction creating the estate or interest insured by this policy being the public records at Date of Policy. deemed a preferential transfer except where the preferential transfer results 2.Rights of eminent domain unless notice of the exercise thereof has been recorded from the failure: in the public records at Date of Policy,but not excluding from coverage any taking (i) to timely record the instrument or transfer,or which has occurred prior to Date of Policy which would be binding on the rights of (ii) of such recordation to impart notice to purchaser for value or a a purchaser for value without knowledge. judgement or lien creditor. CONDITIONS AND STIPULATIONS 1.DEFINITION OF TERMS. 4,DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED The following terms when used in this policy mean: CLAIMANT TO COOPERATE. (a)"insured": the insured named in Schedule A,and,subject to any rights or (a)Upon written request by the insured and subject to the options contained in defenses the Company would have bad againstthe named insured,those who succeed Section 6 of these Conditions and Stipulations,the Company,at its own cost and to the interest of the named insured by operation of law as distinguished from without unreasonable delay,shall provide for the defense of an insured in litigation purchase including, but not limited to, heirs, distributees, devisees, survivors, in which any third party asserts a claim adverse to the title or interest as insured,but i personal representatives,next of kin,or corporate or fiduciary successes. only as to those stated causes of action alleging a defect,lienorencumbrance orother (b)"insured claimant": an insured claiming loss or damage. matter insured against by this policy. The Company shall have the right to select (c)"knowledge"or"known": actual knowledge,not constructive knowledge or counsel of its choice(subject to the right of the insured toobjectforreasonable cause) notice which may be imputed to an insured by reason of the public records as defined to represent the insured as to those stated causes of action and shall not be liable for in this policy or any other records which impart constructive notice of matters and will not pay the fees of any other counseL The Company will not pay any fees, affecting the land, costs or expenses incurred by the insured in the defense of those causes of action (d)"land": the land deathbed or referred to in Schedule A or C,and improvements which allege matters not insured against by this policy. affixed thereto which by law constitute real property. The term"land"does no (b)The Company shall have the right,at its own cost.to institute and prosecute any include any property beyond the lines of the area described or referred to in Schedule action or proceeding or to do any other act which in its opinion may be necessary or A or C,nor any right,title,interest,estate or easement in abutting streets,roads, desirable to establish the title to the estate or interest,as insured,or to prevent or avenues,alleys,lanes,ways or waterways,but nothing herein shall modify or limit reduce loss or damage to the insured.The Company may take any appropriate action the extent to which a right of access to and from the land is insured by this policy. under the teens of this policy,whether or not it shall be liable hereunder,and shall (e)"mortgage": mortgage,deed of trust,u stdeed,or other security instrument not thereby concede liability or waive any provision of this policy. If the Company (f)"public records": records established under state statutes at Date of Policy for shall exercise its rights under this paragraph,it shall do so diligently. the purpose of imparting constructive notice of matters relating to real property to (c)Whenever the Company shall have brought an action or interposed a defense as purchasers for value and without knowledge.With respect to Section l(a)(iv)of the required or permitted by the provisions of this policy,the Company may pursue any Exclusions From Coverage, "public records" shall also include environmental litigation to final determination by a court of competent jurisdiction and expressly protection liens filed in the records of the clerk of the United States district court for reserves the right,in its sole discretion,to appeal from any adverse judgment or order. the district in which the land is located. (d)In all cases where this policy permits or requ res the Company to prosecute or (g)"unmarketability of the title": an alleged or apparent matter affecting the title provide for the defense of any action or proceeding,the insured shall secure to the to the land,not excluded or excepted from coverage,which would entitle a purchaser Company the right to so prosecute orprovide defense in the action orproceeding,and of the estate or interest described in Schedule A to be released from the obligation to all appeals therein,and permit the Company to use,at its option,the name of the purchase by virtue of a contractual condition requiring the delivery of marketable insured for this purpose. Whenever requested by the Company,the insured,at the title. Company's expense,shall give the Company all reasonable aid(i)in any action or 2.CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE, proceeding,securing evidence,obtaining witnesses,prosecuting or defending the The coverage of this policy shall continue in force as of Date of Policy in favor of action or proceeding,or effecting settlement,and(ii)in any other lawful act which an insured only so long as the insured retains an estate or interest in the land,or holds in the opinion of the Company may be necessary or desirable to establish the title to an indebtedness secured by a purchase money mortgage given by a purchaser from the estate or interest as insured. If the Company is prejudiced by the failure of the the insured,or only so long as the insured shall have liability by reason of covenants insured to furnish the required cooperation,the Company's obligations to the insured of warranty made by the insured in any transfer aconveyance of the estate orinterest. under the policy shall terminate,including any liability or obligation to defend, This policy shall not continue in force in favor of any purchaser from the insured of prosecute,or continue any litigation,with regard to the matter or matters requiring either(i)an estate or interest in the land,or(ii)an indebtedness secured by a purchase such cooperation. money mortgage given to the insured. S.PROOF OF LOSS OR DAMAGE. 3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. In addition wand after the notices required under Section 3 of these Conditions and The insured shall notify the Company promptly in writing(i)in case of any litigation Stipulations have been provided the Company,a proof of loss or damage signed and as set forth in Section 4(a)below,(ii)in case knowledge shall come to an insured sworn to by the insured claimant shall be furnished to the Company within 90 days hereunder of any claim of title or interest which is adverse to the title to the estate or after the insured claimant shall ascertain the facts giving rise to the loss or damage. interest,as insured,and which might cause loss or damage for which the Company The proof of loss or damage shall describe the defect in,or lien or encumbrance on may be liable by virtue of this policy,or(lii)if title to the estate or interest,asinsured, the title,or other matter insured against by this policy which constitutes the basis of is rejected as unmarketable.If prompt notice shall not be given to the Company,then loss or damage and shall state,to the extent posible,.the basis of cafe-Waling the as to the insured all liability of the Company shall terminate with regard to thematic amount of the loss or damage. If the Company is prejudiced by-the failure of the or matters for which prompt notice is required;provided,however,that failure to insured claimant to provide the required proof of loss or damage,the Company's notify the Company shall in no case prejudice the rights of any insured under this obligations to the insured under the policy shall terminate,including any liability or policy unless the Company shall be prejudiced by the failure and then only to the obligation to defend,prosecute,or continue any litigation,with regard to the matter extent of the prejudice. or matters requiring sock proof of loss or damage. Conditions and Stipulations(Continued) In addition,the insured sured claimant may reas nablyberequiredtosubmittoexamination Insurance stated in Schedule A. coder oath by any authorized representative of the Company and shall produce for (c)The Company will pay only those costs,attorneys'fees and expenses incurred examination,inspection and copying,at such reasonable times and places as may be in accordance with Section 4 of these Conditions and Stipulations. designated by any authorized representative of the Company,all records,books, &APPORTIONMENT. ledgers,checks,correspondence and memoranda,whether bearing a date before or If the land described in Srbainl.A or C consists of two ormore parcels which are after Date of Policy,which reasonably pertain to the loss or damage. Further,if not used as a single site,and loss is established affecting one or more of the parcels requested by any authorized representative of the Company,the insured claimant but not all,the loss shall be computed and settled on apro rata basis as if the amount shall grant its permission, in writing, for any authorized representative of the of insurance under this policy was divided prorate as to the value on Date of Policy Company to examine, inspect and copy all records, books, ledgers, checks, of each separate parcel to the whole,exclusive of any improvements made subsequent correspondence and memoranda in the custody or control of a third party,which to Date of Policy,unless a liability or value has otherwise been agreed upon as toeach reasonably pertain to the loss ordamage, MI information designated as confidential parcel by the Company and the insured at the lime of the issuance of this policy and by the insured claimant provided to the Company pursuant to this Section shall not shown by an express statement or by an endorsement attached to this policy. be disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the administration of the claim.Failure of the insured claimant to submit 9.LIMITATION OF LIABILITY. for examination under oath,produce other reasonably requested information orgrant (a) If the Company establishes the title, or removes the alleged defect, lien or permission to secure reasonably necessary information from third parties asrequired encumbrance,or cures the lack of a right of access to or from the land,or cures the in this paragraph shall terminate any liability of the Company under this policy as to claim ofunmarketabilityoftitle,all as insured,ina reasonably diligent mannerby any that claim. method,including litigation and the completion of any appeals therefrom,it shall 6.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:TERMINATION have fully performed its obligations with respect to that manner and shall not be liable OF LIABILITY. for any loss or damage caused thereby. In case of a claim under this policy,the Company shall have the following additional (b)In the event of any litigation,including litigation by the Company or with the options: Company's consent,the Company shall have no liability for loss or damage until (a)To Pay or Tender Payment of the Amount of Insurance. there has been a final determination by a court of competent jurisdiction, and To pay or tender payment of the amount of insurance under this policy together with disposition of all appeals therefrom,adverse to the title as insured. any costs,attorneys'fees and expenses incurred by the insured claimant,which were (c)The Company shall not be liable for loss or damage to any insured for liability authorized by the Company,up to the lime of payment or tender of payment and which voluntarily assumed by the insured in settling any claim or suit without the prior the Company is obligated to pay. written consent of the Company. Upon the exercise by the Company of this option,all liability and obligations to the 10.REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF insured under this policy,other than to make the payment required,shall terminate, LIABILITY: including any liability or obligation to defend,prosecute,or continue any litigation, All payments under this policy,except payments made for costs,attorneys'fees and. and the policy shall be surrendered to the Company for cancellation. expenses,shall reduce the amount of the insurance pro tanto. (b)To Pay or Otherwise Settle With Parties Other than the Insured or With the 11.LIABILITY NONCUMULATIVE. Insured Claimant It is expressly understood that the amount of insurance under this policy shall be (i)to pay or otherwise settle with other parties for or in the name of an insured reduced by any amount the Company may pay under any insuring am a claimant any claim insured against under this policy, together insured mortgage po cy, with any costs, to or to agreed,assumed, attorneys'fees and expenses incurred by the insured claimant which wereauthorized or taken subject,or which is hereafter executed by an insured and which is a charge by the Company up to the time of payment and which the Company is obligated to or lien on the estate or interest described orreferred to in Schedule A,and the amount paY;or so paid shall be deemed a payment under this policy to the insured owner. (ii)to pay or otherwise settle with the insured claimant the loss or damage provided 12.PAYMENT OF LOSS. for under this policy,together with any costs,attorneys'fees and expenses incurred (a)No payment shall be made without producing this policy for endorsement of the by the insured claimant which were authorized by the Company up to the time of payment unless the policy has been lost or destroyed,in which case proof of loss or payment and which the Company is obligated to pay. destruction shall be furnished to the satisfaction of the Company. Upon the exercise by the Company of either of the options provided for in (b)When liability and the extent of loss or damage has been definitely fixed in paragraphs(b)(i)or(ii),the Company's obligations to the insured under this policy accordance with these Conditions and Stipulations,the loss or damage shall be for the claimed loss or damage,other than the payments required to be made,shall payable within 30 days thereafter. terminate,including any liability or obligation to defend,prosecute or continue any 13.SUBROGATION UPON PAYMENT OR SETTLEMENT. litigation. (a)The Company's Right of Subrogation. 7.DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. Whenever the Company shall have settled and paid a claim under this policy,all This policy is a contract of indemnity against actual monetary loss or damage right of subrogation shall vest in the Company unaffected by any act of the insured sustained or incurred by the insured claimant who has suffered loss or damage by claimant reason of matters insured against by this policy and only to the extent herein The Company shall be subrogated to and be entitled to all rights and remedies which described. the insured claimant would have had against any person or property in respect to the (a)The liability of the Company under this policy shall not exceed the least of: claim had this policy not been issued. If requested by the Company,the insured (i)the Amount of Insurance stated in Schedule A;or, claimant shall transfer to the Company all rights and remedies against any person or (ii)the difference between the value of the insured estate or interest as insured and property necessary in order to perfect this right of subrogation.The insured claimant the value of the insured estate or interest subject to the defect,lien or encumbrance shall permit the Company to sue,compromise or settle in the name of the insured insured against by this policy. claimant and to use the name of the insured claimant in any transaction or litigation (b)In the event the Amount of Insurance stated in Schedule A at the Date of Policy involving these rights or remedies. is less than 80 percent of the value of the insured estate or interest,or if subsequent If a payment on account of a claim does not fully cover the loss of the insured to the Date of Policy an improvement is erected on the land which increases the value claimant,the Company shall be submgated to these rights and remedies in the of the insured estate or interest by at least 20 percent over the Amount of Insurance proportion which the Company's payment bears to the whole amount of the loss. stated in Schedule A,then this policy is subject to the following: If loss should result from any act of the insured claimant,as stated above,that act (i)where no subsequent improvement has been made,as to any partial loss,the shall not void this policy,but the Company,in that event,shall be required to pay only Company shall only pay the loss pro rata in the proportion that the amount of that part of any losses insured against by this policy which shall exceed the amount, insurance at Date of Policy bears to the total value of the insured estate or interest at if any,lost to the Company by reason of the impairment by the insured claimant of Date of Policy;or the Company's right of subrogation. (ii)where a subsequent improvement has been made,as to any partial loss,the (b)The Company's Right Against Non-insured Obligors. Company shall only pay the pro rata in the proportion that 120 percent of the Amami The Company's right of subrogation against non-insured obligors shall exist and of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated shall include,without limitation,the rights of the insured to indemnities,guaranties, in Schedule A and the amount expended for the improvement other policies of insurance or bonds, notwithstanding any terms or conditions The provisions of this paragraph shall not apply to costs, attorneys' fees and contained in those instruments which provide for subrogation rights by reason of this expenses for which the Company is liable under this policy,and shall only apply to policy. that portion of any loss which exceeds,in the aggregate,10 percent of the Amount of 14. ARBITRATION. 15.LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE Unless prohibited by applicable law,either the Company or the insured may CONTRACT. demand arbitration pursuant to the Title Insurance Arbitration Rules of the American (a)This policy together with all endorsements,if any, attached hereto by the Arbitration Association. Arbitrable matters may include,but are not limited to,any Company is the entire policy and contract between the insured and the Company.In controversy or claim between the Company and the insured arising out of or relating interpreting any provision of this policy,this policy shall be construed as a whole. to this policy,any service of the Company in connection with its issuance or the (b)Any claim of loss or damage,whether or not based on negligence,and which breach of a policy provision or other obligation. All arbitrable matters when the arises out of the status of the title to the estate or interest covered hereby or by any Amount of Insurance is$1,000.000 or less shall be arbitrated at the option of either action asserting such claim,shall be restricted to this policy. the Company or the insured. All arbitrable matters when the Amount of Insurance (c)No amendment of or endorsement to this policy can be made except by a writing is in excess of$1,000,000 shall be arbitrated only when agreed to b7t both the endorsed baton or attached hereto signed by either the President,a Vice President Company and the insured. Arbitration pursuant to this policy and under the Rules in the Secretary,an Assistant Secretary,or validating officer or authorized signatory of effect on the date the demand for arbitration is made or,at the option of the insured, the Company. the Rules in effect at Date of Policy shall be binding upon the parties.The award may 16.SEVERABILITY. include attorneys'fees only if the laws of the state in which the land is located permit In the event any provision of the policy is held invalid or unenforceable under a court to award attorneys'fees to a prevailing party. Judgment upon the award applicable law,the policy shall be deemed not to include that provision and all other rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof. provisions shall remain in full force and effect. The law of the slue of the land shall apply to an arbitration under the Title Insurance 17.NOTICE,WHERE SENT. Arbitration Rules. All notices required to be given the Company and any statement in writing A copy of the Rules may be obtained from the Company upon request required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O.Box 1680,Denver,Colorado 80201. i ISI et oA j0p 5p a Ax * o ere It `� C t o 1 cad i CM i si o c °�J n0 *a�' s y et z I e",C • OWNER POLICY NO. 0-99662772 SCHEDULE A Amount of Insurance: Date of Policy: RE: Our Order No. : $475,000.00 JUNE 3, 2002 UU62114 7:00 A.M. 1. Name of Insured: WESTVN EQUIPMENT & TRUCK, INC. 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3 . The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land described herein is encumbered by the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: "SEE SCHEDULE A CONTINUED" This Policy valid only if Schedule B is attached. - 1 - OWNER POLICY NO. 0-99662772 SCHEDULE A "CONTINUED" All that part of the North 1/2 of Section 28, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, formerly known as all of Blocks 15, 16, 38, 39, 40, 41, 72 and 73, Town of Gilcrest, Weld County, Colorado, vacated and disconnected by instruments recorded July 6, 1934 in Book 962 at Page 306, November 23, 1934 in Book 969 at Page 294, together with all streets, avenues, boulevards, and alleys adjacent thereto and vacated by said instruments; Excepting therefrom a portion of said Block 38 described as follows: Beginning at the SE Corner of said Block 38; thence North 208.7 feet; thence West 208.7 feet; thence South 208.7 feet; thence East 208 .7 feet to the Point of Beginning. n • OWNER POLICY NO. 0-99662772 SCHEDULE B This policy does not insure against loss or damage by reason of the following exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 2002, a lien, but not yet due and payable. 7. Rights of way and easements as now established and used, including but not limited to roads, ditches, pipe lines, power lines, telephone lines and reservoirs. 8. Right of way for The Great Bend Farming, Stock, Land, Ditch and Mercantile Co's Reservoir No. 7, as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 9. Right of way for P. A. Cogburn Well as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 10. Right of way for lateral ditch and flume and incidental purposes as granted to Sue Brown, Inc. by instrument recorded June 24, 1935 in Book 979 at Page 178, said right of way being over the West 10 feet of the South portion of said Block 73 and all of said Block 72. 11. Right of way for lateral irrigating ditch and incidental purposes as granted to Sue Brown, Inc. by instrument recorded June 24, 1935 in Book 979 at Page 180, said right of way not being specifically defined. 12. Right of way for public thoroughfare and incidental purposes as granted to Weld County by instrument recorded March 11, 1935 in Book 974 at Page 475, said right of way being 60 feet in width known as Elm Street. 13 . Right of way for water line and incidental purposes as granted to Central Weld County Water District by instrument recorded December 9, 1986 in Book 1138 as Reception No. 2079918, said right of way being over the East 10 feet of former Blocks 15 and 16. CONTINUED NEXT PAGE - 2 - SCHEDULE B CONTINUED UU62114 14. Right of way for communication facility and incidental purposes as granted to The Mountain States Telephone and Telegraph Company by instrument recorded October 24, 1988 in Book 1213 as Reception No. 2159497, said right of way being 15 feet in width, adjacent to and abutting the South side of the South right-of-way line of Weld County Road 42, also known as Fourteenth Street, along the North line of subject property. 15. Terms, conditions and provisions of Surface Damage and Easement Agreement, between Patricia N. Van Hare and Windsor Gas Processing, Inc. recorded DECEMBER 16, 1991' in BOOK 1320 as RECEPTION NO. 2272311. 16. Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded JANUARY 15, 1912 in BOOK 359 at PAGE 7, providing substantially as follows: Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any place of public resort in or upon subject property. (Affects former Block 15) 17. Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded APRIL 9, 1910 in BOOK 327 at PAGE 225, providing substantially as follows: Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any place of public resort in or upon subject property. (Affects former Block 38) 18. Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded JUNE 16, 1916 in BOOK 445 at PAGE 259, providing substantially as follows: Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any place of public resort in or upon subject property. (Affects former Blocks 40, 41, 72 and 73) 19. Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded MAY 13, 1910 in BOOK 512 at PAGE 108, providing substantially as follows: Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any place of public resort in or upon subject property. (Affects former Block 16) 20. Reservation by the Gilcrest Townsite Company to itself and its assigns in Deed recorded JANUARY 15, 1912 in Book 359 at Page 7, of all coal that may be underneath the surface of the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and any interests therein, assignments or conveyances thereof. (Affects former Block 15) 21. Reservations by the Gilcrest Townsite Company to itself and its assigns in Deed recorded APRIL 9, 1910 in Book 327 at Page 225, of all coal that may be underneath the surface of the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and any interests therein, assignments or conveyances thereof. (Affects former Block 38) CONTINUED NEXT PAGE - 3 - SCHEDULE B CONTINUED UU62114 22. Reservations by the Weld County Investment Company to itself and its assigns in beed recorded JUNE 16, 1916 in Book 445 at Page 259, of all coal that may be underneath the surface of the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and any interests therein, assignments or conveyances thereof. (Affects former Blocks 40, 41, 72 and 73) 23 . Reservations by the Weld County Investment Company to itself and its assigns in Deed recorded MAY 13, 1910 in Book 512 at Page 108, of all coal that may be underneath the surface of the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and any interests therein, assignments or conveyances thereof. (Affects former.Block 16) 24. Oil and Gas Lease from Patricia Ann Van Hare to Conquest Oil Company, recorded OCTOBER 11, 1990 in BOOK 1278 as RECEPTION NO. 2229799, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Production recorded JANUARY 8, 1992 in BOOK 1322 as RECEPTION NO. 2274488. (Affects' former Block 39) 25. Water rights, claims or title to water, whether or not shown by the public records. Countersigned by IRnYYIQ. ( ��/T/P�ij� as Authorized Signatory 4 - 4. COUNTRY MEADOWS ANNEXATION Gilcrest, Colorado • Project Description The project is located between Twelfth Street, Fourteenth Street (HWY 42), Birch Street and Plum Street. Elm Street improvements and right of way separate the property into two parcels. The property was disconnected from the Town of Gilcrest and right of ways vacated in 1934. The proposed annexation and zoning is consistent with the current Comprehensive Plan. The project is to be built in multiple phases, with the first phase to include that area within Twelfth Street, Fourteenth Street (HWY 42), Birch Street, and Elm Street. The first phase includes thirty-nine single-family lots on approximately 10.47 Acres. The first phase can be served by the town's existing utility systems, with some improvements - to be constructed by the applicant. The subsequent phase(s) are west of Elm Street and will require more extensive improvements to the town's utility systems at the time of development. The Town Engineer, RG Consulting Engineers, prepared an Impact Study addressing the utility requirements. The required improvements will be identified and resolved prior to the platting of each parcel. The proposed annexation will provide roadway and utility improvements within, and adjacent to the project, pursuant to the town's regulations. The project open space includes areas within the oil and gas facilities setbacks. The setbacks will be improved and maintained as part of the proposed development. Developments that do not utilize the oil and gas facilities setback as passive (well setback) or active (tank setback) open space do not improve or maintain the area within the setback, leaving these duties to the oil company. We believe this is a less than desirable solution to incorporating oil & gas facilities into residential developments — one that the applicant does not wish to include in this development. We propose to improve the passive areas with native grasses and trails surrounded by a naturalized landscape of trees and shrubs designed to attract wild birds. We propose to improve the active areas with irrigated grasses, trees and shrubs designed to encourage recreation activities surrounded by playground structures and landscape features. The oil companies are familiar with the issues involved and will incorporate these issues in their surface use agreements. Irrigation ditch agreements that appear on the title commitment, and are repeated on the annexation map, have been abandoned and their rights will be resolved prior to platting of the affected property. • Soil Survey of Weld County, Colorado Southern Part Sheet 14 of 35 #29 Julesburg Sandy Loam—0-1 percent slopes Characterized as a deep well-drained soil of alluvium deposition by the South Platte River ranging in elevations from 4,700 to 4,800 feet. Surface layers are typically 12 inches thick consisting of brown sandy loam. The subsoil is brown and pale brown sandy loam approximately 18 inches in depth,with a substratum to a depth of 60 inches of loamy sand and sand. Permeability is described as rapid with surface runoff and erosion potential considered low. This soil is described as having a hydrologic group denoted as A,according to SCS standards. #30 Julesburg Sandy Loam— 1-3 percent slopes Characterized as a deep well-drained soil of alluvium deposition by the South Platte River ranging in elevations from 4,700 to 4,800 feet. Surface layers are typically 12 inches thick consisting of brown sandy loam. The subsoil is brown and pale brown sandy loam approximately 15 inches in depth,with a substratum to a depth of 60 inches of loamy sand and sand. Permeability is described as rapid with surface runoff and erosion potential considered low. This soil is described as having a hydrologic group denoted as A,according to SCS standards. SHEET NO. 14 WELD COUN'T'Y,COLORA DO, SOU°I'iII;I NI'AK°I (NII,I,I KEN QUADRANGLE) 104 a5' :r R.67W.I R.66W. N �11Y F #d"\I _ tt r +5 Pte. "r- ^!� J A1� }t^f"G' Aif ,T I �r 7'{ <tt r t\L'. 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I- I,,, t( I � � 52.30" R.67 W. I R.66 W. . L . -u: <>I •r , t " (. t .'I' 2200000 FEET 1 if te / 0 This map is compiled on 1974 aerial 0_, '—, .--I k__, ' 2 Miles photography by the U.S. Department are appr 5000 4000 3000 2000 1000 0 ��• of Agriculture,Soil Conservation Service Scale 1:24 000 500o Feet to Ono a.•nr 10.0004out goo ticks based and cooperating agencies. coordinate system land diva terriers. iI shown, m Positioned. WELD COUNTY, COLORADO SOUTHERN PART NO. 14 Page 1 of 4 Property Owners Within 300 ft. of Parcel# 105728100001 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION# P O BOX 94 ACOSTA LUCY 105728102009 GILCREST,CO 80623 POBOX94 ACOSTA LUCY 105728102010 GILCREST,CO 80623 PO BOX 243 BARTHOLOMEW AARON & 105728122004 GILCREST,CP 80623 14781 WCR 42 - PO BOX 523 BRUM LEROY J JR&BARBARA J 105728122038 GILCREST,CO 80623 P O BOX 338 - 303 STOCKTON ST BUHR ANDREW D &JENNELLE R 105728122023 GILCREST,CO 80623 14805 WCR 42 - PO BOX 396 CABLE WILLIAM P & CONNIE L 105728122036 GILCREST,CO 80623 305 12 ST - PO BOX 82 CHACON BARBARA 105728121015 GILCREST,CO 80623 P O BOX 498 CHACON LUPE & SUZETTE 105728121013 GILCREST,CO 80623 19644 COUNTY ROAD 29 CHACON PAUL A 105728102015 PLATTEVILLE,CO 80651 19644 COUNTY ROAD 29 CHACON PAUL A 105728102014 PLATTEVILLE,CO 80651 19644 COUNTY ROAD 29 CHACON PAUL A 105728001014 PLATTEVILLE,CO 80651 http://maps.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=105728100001&Par1=105721000013,105721000012,105'... 04/15/2002 Page 2 of 4 19644 COUNTY ROAD 29 CHACON PAULA 105728001015 PLATTEVILLE,CO 80651 POBOXC CHACON RICHARD B JR& LAUREL K 105728123015 GILCREST,CO 80623 0140 BOX 67 COGBURN IRMA M 105728102012 GILCREST,CO 80623 BOX 67 COGBURN IRMA M 105728102013 GILCREST,CO 80623 430 12 ST - PO BOX 185 COLE RICHARD A 105728123013 GILCREST,CO 80623 302 12 ST -PO BOX 159 COUNTER ROGER L & LEVINA T 105728123014 GILCREST,CO 80623 14057 WELD CO RD 42 DEIBEL DONALD & 105721000023 PLATTEVILLE,CO 80651 POBOX41 DELLENBACH TOM& JULIE K 105728101002 GILCREST,CO 80623 P O BOX 263 EURESTI ALBERTO & JANET A 105728121048 GILCREST,CO 806230263 P O BOX 277 FENNO PAUL E & CHARLO FIE A 105728122019 GILCREST,CO 80623 PO BOX 153 GANDELMAN ROBERT & DOROTHY 105728122024 GILCREST,CO 80623 POBOX98 GARMAN NORMAN E & ELLEN K 105728102016 GILCREST,CO 80623 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=105728100001&Par 1=105721000013,105721000012,105'... 04/15/2002 Page 3 of 4 12012 ST -PO BOX 384 GERBERDING KEVIN L &LIBBY R 105728102006 GILCREST,CO 80623 P O BOX 123 GIARDINO BRYCE R • G105728122030 GILCREST,CO 80623 P.O. BOX 2 GOLIGHTLY GERRY T& KATHRYN F 105728122021 GILCREST,CO 80623-0002 1304 BIRCH ST - PO BOX 387 HAYWOOD ALAN L&VICTORIA L 105728122020 GILCREST,CO 80623 311 STOCKTON CT - PO BOX 9 HOLZMEISTER RONALD J & BRENDA L 105728122022 GILCREST,CO 80623 P O BOX 414 HUNTER JEFFREY D &JAN K 105728122026 GILCREST,CO 80623 P O BOX 449 KARR KEVIN E 105728121047 GILCREST,CO 80623 14793 WCR 42 - PO BOX 326 KERN RANDY D &DIANE L 105728122037 GILCREST,CO 80623 PO BOX 217 MEISNER ROBERT L & LAURA J 105728102005 GILCREST,CO 80623 BOX 275 MERRITT HARRY L &DARLA JO 105728123016 GILCREST,CO 80623 14769 WCR 42 - PO BOX 87 MORADO JOSE L JR&ROSA 105728122017 GILCREST,CO 80623 22444 WELD CO RD 35 SANDAU BRUCE D &DALYNE K 105721000012 LASALLE,CO 80645 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=105728100001&Par 1=105 721000013,105721000012,105'... 04/15/2002 Page 4 of 4 22444 WELD CO RD 35 SANDAU BRUCE D &DALYNE K 105721000013 LASALLE,CO 80645 ATTN SUPT OFFICE SCHOOL DIST#RE-1 P O BOX 157 105728103001 GILCREST,CO 80623 PO BOX 156 SCHOOL DISTRICT RE-1 105721401002 GILCREST,CO 80623 P.O. BOX 15 SEGURA CEPERIANO P & BEATRICE • S105728121014 GILCREST,CO 80623 P O BOX 260 STRALEY JOSEPH A&TAMBRA A 105728123001 GILCREST,CO 80623 1202 BIRCH ST TREJO CLAUDIA &ADRIANA&NUBIA 105728121046 GILCREST,CO 80623 P O BOX 183 WETSCH SCOTT J &KAREN J 105728122018 GILCREST,CO 80623 1201 ELM ST WHITE MARK &KELLI A& 105728101003 GILCREST,CO 80623 13434 WELD COUNTY RD 42 WIEDEMAN TERRY L & JANICE L 105728000001 PLATTEVILLE,CO 80651 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=105728100001&Par1=105721000013,105721000012,105'... 04/15/2002 Jar* 29 Q3 03: 57p Bob Condon 7205287961 p. 2 rla Applegate Group, November 21, 2002 Mr. David Takeda, P.E. RG Consulting Engineers, Inc. 1331 17th Street Suite 710 Denver, CO 80202 RE: Water Rights Historically Used on Country Meadows Property Dear Mr. Takeda, On behalf of Western Equipment and Truck, Inc. (Wetco), Applegate Group, Inc. would like to submit the required information on the water rights historically used on the County Meadows Property. The County Meadows Property is a planned development on a tract of approximately 43.4 acres located in the Town of Gilcrest. During the last five years, the County Meadows Property was irrigated with two different water rights. These water rights are: • 7.25 shares in the Farmers Independent Ditch Company • Well No. 19957 The Farmers Independent Ditch shares are a surface water supply from the South Platte River historically used to irrigate the property. The average pro-rata delivery for each share is 20.3 acre-feet. Assuming a 10% ditch loss to the Country Meadows Property, the 7.25 Farmers Independent Ditch shares historically delivered approximately 132.4 acre-feet to the farm headgate. Well No. 19957 was decreed for irrigation in Case No.W-2297 and is currently augmented by Groundwater Appropriators of the South Platte(GASP). The well provided supplemental irrigation water to the surface water. The well is decreed to pump up to 2.22 cfs for irrigation. Wetco is currently evaluating the number of homes to be built in each phase of the development. One alternative under consideration is using the existing surface water rights to provide a non- potable water supply to irrigate the future park and greenspace areas of the development. If you have any questions or need additional information,please do not hesitate to call. Page 1 1499 West 120'"Avenue, Suite 200 Denver,Colorado 80234-2728 5441 Boein Drive,Suite 200 '3031459_aat1 -o,. •n..<..r.... v+.+'w.applegalegroup corn i,..,ai,.,w r..w,a_e..cnn �,... Jan 29 03 03: 57p Bob Condon 7205287961 P. 3 Cordially, Applegate Group,Inc. iRichardT. Raines Water Resource Specialist cc: Bob Condon, Western Equipment and Truck, Inc. Don Casper,Acklam Associates, Inc. AG File#02-137 Page 2 GILCREST ANNEXATION WESTERN EQUIPMENT & TRUCK, INC. STATEMENT OF COMMUNITY NEED The property included in the Annexation Petition was previoulsy part of the Town of Gilcrest that was disconnected. The proposed annexation will include the property within the town boundaries once again. The proposed development will include single family homesites consistent with the Gilcrest Comprehensive Plan and will comply with the Town of Gilcrest Municipal Code. The development is adjacent to Weld County Road to the North and will extend connections from the county road to the town. The development is adjacent to Gilcrest Elementary School to the South and the applicant is in the process of discussing possible site amenities that may address needs identified by the school district. The proposed development will provide individual homesites within a planned community, a product underserved in the Town of Gilcrest. Residential development traditionally provides opportunities within the community for local businesses and services. The proposed annexation is the initial step in fulfilling these objectives. Weld County School District RE-1 Gilcrest•LaSalle • Platteville P.O. Box 157 14827 W.C.R.42 Gilcrest, CO 80623 Jo Barbie-Redmond, Superintendent Phone 970-737-2403 Bj Stone, Director of Curriculum and Staff Development Fax 970-737-2516 Ed Smith, Director of Auxiliary Services and Personnel Metro 303-629-9337 Jeff Cogburn, Director of Student Achievement March 19, 2002 Acklam Associates, Inc. Attention: Donald E. Casper P.O. Box 759 Brighton, Colorado 80601 Dear Mr. Casper: This letter is to serve as a response to your request regarding the impact on Weld County School District RE-1 if the Town of Gilcrest annexed property located west of Birch Street and south of W.C.R. 42, also known as the Van Hare farm. Based on the information you provided via a telephone conversation on March 13, 2002 it is my understanding that the property will be developed to include from 150 to 200 single family units. As per school district standards this development could generate 60-80 elementary students, 30-40 middle school students and 30-40 high school students. Gilcrest attendance area includes Gilcrest Elementary,North Valley Middle School and Valley High School. Weld RE-1 is committed to keeping class size at approximately 20 students per classroom at the elementary level and 25 students per classroom at the secondary level. Using 2001-2002 enrollments and considering your development only, Gilcrest Elementary would exceed capacity and North Valley Middle School would meet capacity should the projections for this development come to fruition. Valley High School is presently positioned for approximately 200-250 more students than this development would produce. Based on your preliminary cost of the homes in this development, it is likely that the purchasers of these homes will have school age children. With this in mind, the school district would need to add 4-6 classrooms at Gilcrest Elementary should 60-80 additional students enter the school in the next five to seven years. The school district would need to consider a myriad of options at the middle school level that could possibly include classroom additions, attendance boundary changes and/or a new middle school. Any additions to present facilities or new facilities will require the school district to ask voters to pass a bond issue. Weld RE-1 will finish paying for the last bond issue in three to four years. In order to accommodate growth from this subdivision, as well as potential other developments, the school district will need to ask voters to pass a BOARD OF EDUCATION Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baier Marsha Harris President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students new bond issue based on growth and district needs for 2005-2015. Again, the voters in the school district must approve any long-term debt by the school district for any capital construction projects. Weld RE-1 has entered into an intergovernmental agreement with the Town of Gilcrest for site dedication and in-lieu payments. Please see enclosed Board Policy File: FEE, FEE-R, and FEE-E-1 Exhibit A. Presently, Weld RE-1 does not require additional school sites in the Gilcrest attendance area. Therefore, the school district would request in-lieu payments in the amount of$1,054.20 per single family unit. As discussed during our phone conversation, Weld RE-1 would be interested in considering options other than in-lieu payments that would benefit the school district, families living in the development and the Town of Gilcrest. As you and the Town of Gilcrest work through the annexation and development process, Weld RE-1 would like to work closely with you and the Gilcrest town board to ensure that all parties involved understand the impact of this development and how we can meet the needs of each entity. Please feel free to contact me at 303-629-9337 or 970-737-2403 if you have any questions regarding the information in this letter and as we proceed with conversation regarding your development in the Town of Gilcrest and Weld County School District RE-1. Sincerely, Jo Barbie-Redmond Superintendent of Schools • pc: Town of Gilcrest Board of Directors Weld RE-1 Board of Directors Enclosures BOARD OF EDUCATION Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baier Marsha Harris President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students File: FEE SITE ACQUISITION The Board of Education recognizes that the district is affected by each residential development within its boundaries. Criteria for the location of school sites shall include that they are centrally located within the service area for a school, centrally located within neighborhood areas and whenever appropriate located in cooperation with the appropriate governmental jurisdiction as part of the comprehensive planning process. When procedures for public dedication of school sites do not exist, options for school sites shall be obtained at the time real property is annexed to a municipality or at the initial approval stage in the planning process for land development in the county. Such options shall set forth the terms and conditions of the agreement, ownership rights, property use and purchase price for real property. The Board believes that when appropriate and mutually beneficial the location of school sites adjacent to public parks is desirable. The Board desires and intends to cooperate with all involved governmental units to plan school sites and to fulfill this policy and the supporting procedures. The district shall encourage governmental units to develop procedures for the public dedication of land and/or cash in lieu of land. When a governmental unit has developed procedures for the public dedication of land and/or cash in lieu of land, the Board desires to achieve a binding agreement with the governmental jurisdiction related to these concepts. Adopted: December 13, 2000 LEGAL REFS.: C.R.S. 30-28-133 (4) C.R.S. 30-28-136 (1) (a), (2) Weld County School District RE-1,Gilcrest,Colorado Page I of I ' File: FEE-R SITE ACQUISITION For the purpose of implementing the Board's site acquisition policy and of reviewing, maintaining and updating the necessary information for the policy, the administration will undertake the following: 1. The administration will maintain pupil yield ratio information and will calculate the pupil yield ratios for elementary school, middle school and high school levels in existing neighborhoods and will re-examine these ratios annually. The administration also will evaluate demographic and development trends to determine the best locations for new schools. 2. The administration will maintain school site size standards. The following standards represent the minimum acreage required for a school site: Elementary 12 acres Middle 25 acres High 50 acres 3. The administration will maintain facility size standards which reflect instructional goals of the district. Current standards are: . Elementary 485 students Middle 320 students High 1040 students 4. The administration will maintain information about land being considered for residential development. 5. The administration will gather information about potential school site locations. Without limiting the factors to be considered, the decision concerning the location of the school site will take into account topography, ground water, soil and drainage concerns, costs of utility extension, transportation, safety, consideration of natural and man-made hazards, utilization of the land, proximity to other attendance areas, school sites designated on comprehensive plans, and adjacent land use. Adopted: December 13, 2000 Weld County School District RE-1,Gilcrest,Colorado 1 of I File: FEE-E-1 EXHIBIT A Methodology for Calculating Land Dedication Requirements And In-Lieu Payments Based on the School District Planning Standards contained in Exhibit B,calculation of land dedication or in-lieu fees used the following procedures: Yield Site Current Acres of Acres of Developed Cash in Lieu Requirement Capacity Land Per Land Per Land Value Per Unit Acres Requirement Student Unit Per Acre' SINGLE FAMILY Elementary 0.400 12 485 0.02474 0.00990 $30,000.00 $297.00 P-5 Middle .0200 25 320 0.07813 0.01563 $30,000.00 $468.90 School 6-8 High 0.200 50 1040 0.04808 0.00962 $30,000.00 $288.60 School 9-12 Total 0.800 87 0.15094 0.03514 $1,054.20 District MULTI- FAMILY UNIT Elementary 0.100 12 485 0.02474 0.00247 $30,000.00 $74.10 P-5 Middle 0.060 25 320 0.07813 0.00469 $30,000.00 $140.70 School 6-8 High 0.040 50 1040 0.04806 0.00192 $30,000.00 $56.60 School 9-12 Total 0.200 87 0.00908 $272.40 District Weld County School District RE-1,Gilcrest,Colorado 1 of 1 • lu2aF United General Title Insurance Company and WELD COUNTY TITLE COMPANY (Agent's Name and Address) Privacy Policy Notice as of May 31, 2001 PURPOSE OF THIS NOTICE United General Title Insurance Company("United Genera?)and the above named Agent(the'Agent')share your concerns about privacy Each Company is committed to respecting the privacy of our policyholders. Therefore, in accordance with Federal and State laws anc regulations,we are providing you with this notice of how we might use the information abou you which we gather in the process of issuinc • our policy of title insurance. • Title V of the Gramm-Leach-Bliley Act(GLBA) and the laws of the State in which you reside generally prohibit us from sharing nonpublic personal information about you with a third party unless we provide you with this notice of our privacy policies and practices, such as the type of information that we collect about you and the categories of persons or entities to whom that information may be disclosed. Jr compliance with the GLBA and the laws of this State, we are providing you with this document, which notifies you of the privacy policies and practices of United General and the Agent. OUR PRIVACY POLICIES AND PRACTICES Information we collect and sources from which we collect it: We do not collect any nonpublic personal information about you other than the following: Information we receive from you or from your attorney or other representatives on applications or other forms; Information about your transactions with us,our affiliates or our agents. In addition, we may collect other nonpublic personal information about you from individuals and companies other than those proposed for coverage. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional information will be coilected about you. II. Information we disclose to third parties: In the course of our general business practices, we may disclose the information that we collect (as described above) about you or others without your permission to the following types of institutions for the reasons described: To a third party such as a surveying, real estate tax research or municipal data firm if the disclosure will enable that party to perform a business,professional or insurance function for us; To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or misrepresentation in connection with an insurance transaction; To an insurance institution, agent, or credit reporting agency for either this Company or the entity to whom we disclose the information to perform a function in connection with an insurance transaction involving you; To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect our To an actuarial or research organization for the purpose of conducting actuarial or rcnca:6.studies. The disclosures described above are permitted by law. Privacy Not:ce UGT Form No. 113(5/12%011 r . fi► L J v • YF C 4 p7. .A; `e2 ma306 e. JUL 6_1934 .e_?%°watt — ►wear -ruTF t,I0U1S0 .a.m+r : • .A a D=D t. :eCo; _. ._..s Le Co„ '.:x<n, -'lr a. P. Ccc r:rn J '3. ! . •^ sole c<.r.ers of all t.._ lets end 11 I '. 17.7": ___hi. _._ It.r.2c .. .__ _. ._r do:evil_ad :.nd ,rdl.eatad, q _. s::c. cesce ❑cde ecd ,i : $ - . . r .. _. .... __ .. . I.:. '2...: __ 7.-._.:e .. 7 Icre,..., L. the 4 1 •• . _ ' .•`.:JPti:: do itC C'- n p^ �C 9^ Fr j ,.; I • 0 .. . .. _, -_ ..,. -_, c of . ___.. ... ..:: ^u Ste, - ... .... .. ...- ...,ink. \ _ r _ is w • •_ q yy.,,,,. _ • 2^' sti . :.,t y` k•m •R''7'Y` tetrfu "t ti`Itt' . -a._ a:". 4 rP " to r• .t 'iJvv t ' :•Al1f�h110111SA16Bdlilr Mill it de trra,—.....e.this day •• dof Juno► A,II,r I i ,b. earl' •P. Cow c, »essie Co(,S•1rn.,SSIIer P.•Cogb.irn , r. nt d-Faris.t..Cc„tr 4 sis sole Crne 9 C' ell the-lots end -,t4. i •••1:1--c:::: nithIn'thie linos he e• aft r described tndJndicsledi t .>_ ti c r_ie cf • s :Lori—of a Stat• of Calcite cl2LinG 4 ki r s •s S d & ie,-si In such asses tads End;. !. • � ' Yrgr Lad, C'7. •.. .' : ,.,,. '':.v 7a! zcai4 •Se ax%a • nd_psrties:h r. eSd-:' ..v 1' • h ro .t ' . :. •.t. it, t-,,,,,— i,...r t%. Tr•--t..e ditto hersofr all zrreefai _-., �t t , be i r -+.'lo r r. ,.h arc'' oliy'_lncl ded 4. n s .._ 'c is the toristtu of GU-crest. inithe ;. — et d t e .t Colorado, acccrdine to the . r • •,- • " t ;, 'srs of racords In Loot: 4 of nape • Y ,...:e ..13, -?at '2ce:• . fells C, to'rit! ua�iKnin„ -1‘, - ` - cf rasa r ace L a r.ca 1; •' .•l, a .J.t" sr o_ Corm i _„ tea the w - . mow' a. ...._.. , _?tC rat .. C2 aT-a :southerly- dir.ction :.�„. • t Q• 1 r•.n ", a-ea :n - LL.eG y r 7'.. ?J i. .♦ . . - lr r .;�;L 'M to a y.tat Cal toe.acutit lino tif,=p:L n1rz�sre�t;at. - , r,' , .. .. S r•t J • r e f • . ati rst=Or drtO.•`.'eta .4 je 5 > *' •" .r " •, t1;c1 en'ct to t le.,roSt44Ze . ak•- r, - """ bee ...._.'. '�, .::are.ce-t LJ' ,thC4ath'1.`-Ot Corlcr % %+ ;?r r ,o i i•, --air a ea erl,.:direation.te•the, :• .n• __ - _ . .....t } n ' � ••• _ _- _ -•a,�. �=.c...e -n.o.-souther c.+-r�elion _ ----or of _loc.: 22. three ia.aw: eaitterlyr: w• __ - _ __5• comer at Block ur:.thence aa a - �.':`::. • tc •_:1Ct iclnt of wadi«ping, .. • -facia st ets, -;.-...4:::-...,.s. b.2—.'curds—cad tilers hcreby - sted are z^titdarly tncicated and i'tei_ded :-ithin 'ed - rata- u»..i.e ' ` ruts at4chzid u:d 7.tule a y Fol Y. , r l ? — _ , . •i .i:. .� �'�t- ': err'' CFA`" "c+ zv, Mi _ • f n •«14''�e:•' l� • � •in"S4!'s[.c, 'Y'yt' s`a �l,Y+e+ �$+,r. s.? ,Z,,r r V t'l } t 117:4 1 MK962 aux307 77.4 Lr t(l,L. y3- -2- i ,: } " Parties hereto dedicate to the Count;: of Told, dr, �• a public hichvay, that port thereof heretofore L^:o^.. a • '• Birch street and more particularly indicated on tar. n-'neScd ; cap by the arrow li^.er.. ;4%.: In witness whereof the above r,�e..,od :artier i s. }i : their itanda cnd c.ala the dap and you firs' cooed --•ltt_n. i (= :.L; at it •, i o s t FT ' state or Colorado) . ' 'a. Co::nt,- o: '..'old ) Doren.) -e, i. public Sr. and for the Ccttr..tr of '!'e1d and St.- to cf C 1 Y ."•• personally •.cane :. rl F. Co;u::rn, ^es::to Ccet•- , '1 1• . . Cobburn and Faris A. Co.bt'rn and CL'. :. ' . - - - tire•, and eaci; of tats :! n:d .o•.,. r L-otrio::ent cf itlr. - ca `, is and II-n• voluntary art -,d died °"••,,`•. I. ,`t the nc_., and _L ,ones therein :;et forth. It lip ma . a, , I k :'itr.eac :177 hand ::nd notarial coal •':la %Pe: da•- of t = Ilia 1i�` d sl�1. s`e`g A.D., 19.54. ", ace. is =_on cs9`res O/y/y� .< S} /P 3R Vt t.!1 t , r 16 1 j .. i • J '•i7 7• • sox 962 na3U8 ti O. NAP v THE ..__ .:, TowNSITE of GILCREST *m OXIR Y.COLORADO ! ! -§ 1I . I • I T i li !� I k. • , a 1 • • I it , - J • • �ia'-3�� \-•Jfy� ' CC� Wry - f / - 1 .............4.4 —) �.' I I _ a I. '-k-,:,> �4 PtYII ' i �Y / • 4/4 I• % I // I� 'n Co —PAGE I1.— .P+ } _ f .I • • 600[ 962 NI&t7l/t -2- ^• ` - Parties hereto dedicate to the County of ^o1d, <., �� a public l:ichray, that port t..areof heretofore ' 1 I Birch street and more oe:rticularIy indly tzd or map by the arrow 1L^.ec, - In ,itnocs vhcneof the above ns.-.orarti their hands and :actin the day and f C . ....;r. Stria cf Coior^.dc) I. I Cn nt c' old 1 • .:i' L ... Cc's- -f c1:1 _, _ C- i'c:•son-1i- - o ...r1 r. Co,; .rn, . . .. .c '._5._ , ..1 . . . � Y •t 4 :: A .D., 12:1. Vim. „ . • .. 2. . ., - — -- • . , 0 en 962rua308 • - � MAP aTHE TOWNe,COOF IL CREST we,mum..=aaa.L.:o-:__�. I., : -- 1 , i Ill I i I II, i , I is i i r 1 I I . l 1. . , � `J_ 1 I • I 1I_ li 5 II 1 - I 7 -- !./J1 I % ✓ I; II I _ -. iAGF IL— ' • • • COMMITMENT FOR TITLE INSURANCE UNITED GENERAL TITLE INSURANCE COMPANY United General Title Insurance Company, a Colorado Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums charged therefore; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereto. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the Effective Date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue policy or policies is not the fault of the Company. In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto affixed: this instrument, including Commitment, Conditions and Stipulations attached, to become valid when Schedule A and Schedule B have been attached hereto. UNITED GENERAL TITLE INSURANCE COMPANY c_QLHccF/''Irw_rg_ I1GTPresident Secretary . iq'ce co„ ji Countersigned (//, G(/ Issued By: Officer or Agent WELD COUNTY TITLE COMPANY Authorized Of 1221 8th Avenue,Greeley, CO 80631 (9'70)356-323° Metro (303) __ '^'1 This policy valid only if Schedules A and B are attached. ALTA Commitment- 1966 UGT Form No. 150A(3/21/01) COMMITMENT FOR TITLE INSURANCE * * * SCHEDULE A 1. Effective Date: JANUARY 3, 2002 @ 7:00 A.M. RE: Our Order No. : UU62114 2 . Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ 475, 000.00 Proposed Insured: WESTERN EQUIPMENT & TRUCK, INC. B. ALTA Loan Policy Amount $ Proposed Insured: C. ALTA Loan Policy Amount $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: PATRICIA'ANN VAN HARE 4 . The land referred to in this Commitment is described as fellows : "SEE SCHEDULE A CONTINUED" - 1 - • COMMITMENT FOR TITLE INSURANCE * * * * SCHEDULE A "CONTINUED" RE: Our Order No. : UU62114 All that part of the North 1/2 of Section 28, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, formerly known as all of Blocks 15, 16, 38, 39, 40, 41, 72 and 73, Town of Gilcrest, Weld County, Colorado, vacated and disconnected by instruments recorded July 6, 1934 in Book 962 at Page 306, November 23, 1934 in Book 969 at Page 294, together with all streets, avenues, boulevards, and alleys adjacent thereto and vacated by said instruments; Excepting therefrom a portion of said Block 38 described as follows : Beginning at the SE Corner of said Block 38; thence North 208 .7 feet; thence West 208 .7 feet; thence South 208 .7 feet; thence East 208 .7 feet to the Point of Beginning. AA AV i COMMITMENT FOR TITLE INSURANCE * * * SCHEDULE B Section 1 RE: Our Order No. : UU62114 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full. consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument (s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: 1 . Warranty Deed from PATRICIA ANN VAN HARE to WESTERN EQUIPMENT & TRUCK, INC. conveying the land described herein. 2 . Resolution of the governing board of Western Equipment & Truck, Inc. , a corporation, authorizing the within contemplated transaction; said Resolution must contain an acknowledged certification by an officer of said corporation with the corporate seal affixed. The following information is disclosed pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987, Repl. Vol: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; .(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICT MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. - 2 - • COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : UU62114 EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: (a) Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; (b) Standard and Special Exceptions : 1. Rights or claims of parties in possession not shown by the public records . 2. Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales . 6. Taxes for the year 2001, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1 . 7. Rights of way and easements as now established and used, including but not limited to roads, ditches, pipe lines, power lines, telephone lines and reservoirs . 8 . Right of way for The Great Bend Farming, Stock, Land, Ditch and Mercantile Co 's + " Reservoir No. 7, as evidenced by Statement filed in the Weld County Clerk & Recorder' s Office, insofar as the same may affect subject property. 9. Right of way for P. A. Coeburn Well as evidenced by Statement filed in the Weld County „\. Clerk & Recorder' s Office, insofar as the same may affect subject property. 10 . Right of way for lateral ditch and flume and incidental purposes as granted to Sue Brown, Inc . by instrument recorded June 24, 1935 in Book 979 at Page 178, said right of way being over the West 10 feet of the South portion of said Block 73 and all of , " said Block 72 . 3 _ CONTINUED NEXT PAGE 4 B-2 CONTINUED UU62114 11. Right of way for lateral irrigating ditch and incidental purposes as granted to Sue Brown, Inc. by instrument recorded June 24, 1935 in Book 979 at Page 180, said right rho of way not being specifically defined. w \° 12. \ Right of way for public thoroughfare and incidental purposes as granted to Weld County �� by instrument recorded March 11, 1935 in Book 974 at Page 475, said right of way being 60 feet in width known as Elm Street. 13 . Right of way for water line and incidental purposes as granted to Central Weld County Water District by instrument recorded December 9, 1986 in Book 1138 as Reception No. �u \ " 2079918, said right of way being over the East 10 feet of former Blocks 15 and 16. r `u 14. Right of way for communication facility and incidental purposes as granted to The Mountain States Telephone and Telegraph Company by instrument recorded October 24, 1988 in Book 1213 as Reception No. 2159497, said right of way being 15 feet in width, adjacent to and abutting the South side of the South right-of-way line of Weld County Road 42, also known as Fourteenth Street, along the North line of subject property. 15. Terms, conditions and provisions of Surface Damage and Easement Agreement, between Patricia N. Van Hare and Windsor Gas Processing, Inc. recorded DECEMBER 16, 1991 in BOOK 1320 as RECEPTION NO. 2272311. 16 . Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded JANUARY 15, 1912 in BOOK 359 at PAGE 7, providing substantially as follows : Intoxicating liquors shall never be manufactured, sold or otherwise disposed -of as a beverage in any place of public resort in or upon subject property. (Affects former Block 15) 17. Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded APRIL 9, 1910 in BOOK 327 at PAGE 225, providing substantially as follows : Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any place of public resort in or upon subject property. (Affects former Block 38) 18. Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded JUNE 16, 1916 in BOOK 445 at PAGE 259, providing substantially as follows: Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any place of public resort in or upon subject property. (Affects former Blocks 40, 41 , 72 and 73) CONTINUED NEXT PAGE B-2 CONTINUED UU62114 19. Restrictions which contain forfeiture or reverter clauses, imposed upon subject property by instrument recorded MAY 13, 1910 in BOOK 512 at PAGE 108, providing substantially as follows: Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any place of public resort in or upon subject property. (Affects former Block 16) 20. Reservation by the Gilcrest Townsite Company to itself and its assigns in Deed recorded JANUARY 15, 1912 in Book 359 at Page 7, of all coal that may be underneath the surface of the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and any interests therein, assignments or conveyances thereof. (Affects former Block 15) 21. Reservations by the Gilcrest Townsite Company to itself and its assigns in Deed recorded APRIL 9, 1910 in Book 327 at Page 225, of all coal that may be underneath the surface of the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and any interests therein, assignments or conveyances thereof . (Affects former Block 38) 22 . Reservations by the Weld County Investment Company to itself and its assigns in Deed recorded JUNE 16, 1916 in Book 445 at Page 259, of all coal that may be underneath the surface of the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and any interests therein, assignments or conveyances thereof. (Affects former Blocks 40, 41, 72 and 73) 23 . Reservations by the Weld County Investment Company to itself and its assigns in Deed recorded MAY 13, 1910 in Book 512 at Page 108, of all coal that may be underneath the surface cf the land described therein and the exclusive right to prospect and mine for the same; also such right of way and other grounds as may be necessary for the proper working of any coal mines that may develop upon said premises, and for the transportation of the coal from the same; and anv interests therein, assignments or conveyances thereof . (Affects former Block 15? 24 . Oil and Gas Lease from Patricia Ann Van Hare to Conquest Oil Company, recorded OCTOBER 11, 1990 in BOOK 1278 as RECEPTION NO. 2229799, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Production recorded JANUARY 8, 1992 in BOOK 1322 as RECEPTION NO. 2274488 . (Affects former Block 39) 25 . Water rights, claims or title to water, whether or not shown by the public records . CONTINUED .NEXT PAGE 5 - B-2 CONTINUED UU62114 Note: Colorado Revised Statutes 10-11-123 requires the following notice: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. - 6 - rvn. -te,k.‘•,,- 1 } f y�.�G •} !fl-.‘-§69 -,, , . Reeoidpi 23113& ptrlfie..0'cdockAM w ' NeceplIon 1� WAyLTER F MORiIISON flacotder f „ � 't{1 f1 o-r$r t STATE OP COLORADO) ca n Pr` } .. as SA ;Hi COUNTY CO t: - ' .• 4 :. , � : _ i w i Ia tbrrmaf tet ot�t1ts 4 w F 0i'Paria Ai'rodgb ilri ' �3 tf ata Cagy: ,tifY' , P1ADII(� AAD . h» ai1/4:141.< S la..£t ,yKk' lata rr r „4 -' i TSO a�ba•'Tairt.rm, * hint iA. 'S xrx y o- +a t ♦.,.+44 A.1/4,1/4"IK-Y'kfC.k' 4VTE4 tP v^rl_ M • V t� Jy t—� Fyjc •j� I •-•1/4,.'''444' .� y,�r� 4FGIy�n,4.w\ k;_ / r . .+ .t�'ti: 5 r, yp^Y. a + TTMSdIiYtc dt'R&anbiiaet t•b3r�R 1/4 t I : ,y i r r r_s 3A $ ,v ,l wy q .' ; y� ...tr." M-' 1C 1• [2 ybS\x0�ilabli'lo'4•) { ~SUti ' Part A M1 ,1 i - 8� �.•'�' �Cdgbtmte, a�Cdr.RSek>t �'�'Cgb{a!i CO �AAndi �arl �e QO t7iII'D µ M1 y..� 7yy_ `.•m#dSMaomntsotc e! :a fl 1 asd� tk&fisi 3aaaxr'CtfernL,. ti, " a r SO ipt"pba ,fag -to t.21h Co `1 14Lcbta-E cloth a th akta DY�c r s ' r--to, x m�3�+„ . 't::' '. 'IWIY� `". . G'D'Y.-�"": lraa`ctet ea.,,sIII tha 00101,41.-on,„ + W vi ,pe r pt '£fz2vY�.4�1 >.; sij agiirarysotiaalof ti 4 ��y j� yS,,,, ., ,. emri L\tv47.birmyC• 4 "—',�(e..a ij$43/4) µ".w+A,- 4• 4hLA_�ir'- ` aett1n ;tt&v1'OI� yx, �, iQ� � MG�m I WGMC1i Y4` mss' 1 . - :$1 - t2llr9..s'r*d,.p F>+r��'T�..i��? �. In',die:fol�7etOamr' S;yx ^e. L ; -, �- ty �$ imam tba' se a l J`:,y ..sl;� 1 . rt f�7Sa1,>.".;c 3^ -+ l U . mitt �Y L ' • as 'WLit3asaabsriti1 aas g a •f 'Cv,,x+, tyre--- ° r >$•riv r`'K b7eijc•r+ � ` +`� - dm "brief ttlstpl 4sC 1Y7eflad ,7 a ; ` "h) ' TT:�L 1/4-,e .. .;..74 .O a stsi.a afrip,rani- '.'p acid 'hih ! G�a ".w. ' fi4x ;;{iw r w,o-ta R7 '+try-.I.4,Fy on r_ 'yam"'Y'Tel F a` L1139R Us <` t 6 0 -a"t—— i =ttiti tl�f aaid3ain of it* f ,� � !I }2 (-F " k-`\. 7 �` 5"',`r',t'3"'' r..P '7. 1�1� ii(Q `'r .t+t'r. ♦ 6 n 4 Ra x} ''3 ''r } `4r` tu. rk- .1 v �Yr + u- ,L Ss ».. P,r .c �.`'C ' " i .A ,n•. +`F I n�.A+ .f"'.�'. 'yam..' c t_.�.-:r4)-721-:.;- �aP � j M � 4 1 ..tgr � .. \'rjE r: G 4Kiyk ya'w.. tFt z zed Y-a. rj c 1—fi r Y _ J F M1 4 • r .r � r I . : c p 1 4 • • I w tf c ti.:,;:w;•:‘,.-...........:;;.:::-.).;•:.,..,1 ,, x ,µ, _ BOOK. 969 M6E29a. 2. That the petitioners are the owners;in fee simple of s, � ,fit .... 'i • ;' E ° three contiguous tracts of farm land containing in tlle.aggegate en area of more than twenty acre,. to-tits about ninety-fire acres,, Y enlrraeed within the corporate limits. of said Tots of (Merest. and it a the outer bouairy thereof adjacent to the border of said Loan. i ah w E. That Sid land/ i•-located in Weld County Colerado, and • a'! „�y x tai el� ribed as folio,,, to-sits all of Mocks numbered one (1), r '" ea-(L), tinge• :(3),-'tw�•ltie.'(l .), thirteen (13), feyrteen (14)9 fitteoa '-,4---7.4—e•&.,”..mo� 1 , ^ t~C ' ateen (16), thi'rty-right pt one acre square in the r,J a x ,,._..: .. -- n ,'.4 South-coat corner thereof, thirty-nine (3,), forty (40), forty-one art. r i),'yserent7-),wo CP'9)'.and ser tyrtta�ee ('!S), all in the- Townaite 1 of Gll'o�reat according to the recorded map or plAt thereof. recorded , ` 1 - Mash eth, 1(107 in booka of mapi,'Weld`Counnty reaorde• and being a -q4.04:::,,.., sub iirl7ioa of"seetl6m Ctrs"'S�s{ 2a) Ty3ag S•i i ' -at of the J 1 :;r�Y'S 't,4' .1 j, K:.' i 1� tI `. iarJ . ,., Cn lliE p railway 3n tcsa•h q tour (a) Rorth, of rangl .ixLT-.,F d�hy� (66) Test of the 6th P.Y.. `" F17'. _ ..� ,a. That ao pant of such area has been platted into lots .11"."'+rrs .t or blonka'ae a part of or an addition to the said, Torn of Gilereet a}x 7' •n.+ the. said area is a body of land dented wholly to fanning tt <A; ptfrpoa•a• ., , vt b That all West Arid aasessmwsta lawfully dm and CZ • paJab1t upon colt! land at the tine of filing and presenting said petition are folly paid ;- Ti' IS THEREPORZ 0nDER5D, ADJUDGED AND DECREED that the -- : x s , eaid.trswts ot.2amd be and the aaa• are hereby disconnected fret 4rti; `�*; the ati4 lean.qt t?S.lesti�6t, roe,". that;;.1--',;a - J r,,f3 " eap3heroof be certified , =;M t, tf Dq the .Clerk of this...court and tiled la the office of the Cow -N c ! ''Clerk and Recorder et Told Count=, Calerado, to etidetce that said -' y ' emd hat been diaeonneeted fries said Town at aaitlrssti t 4 a tt '.:-‘1.;:-...:1-;.>•..,-i? z ;-:_:::-:,-;---4-: J{i�3- r art..: /, j ' V'' uK i Y try A._ 4y _ I F "rGyl Y T 2, , m 1 � _ �vL th.< �-. • sous 969 M61296 I STATE COUUTOFY OY0 IGLDD )) 55 IN COUNTY COURT d As Clerk of said court I hereby certify that the within and I' foregoing is a true and complete copy of Decree for . (I dieoonerotton in the ;tatter of the petition of arts n. Coeburn. . ' - sarl Y. Cogburu. .ieeaie Cogburn and ,calmer 1'. Cogburn for disoonnootion of certain lands from the Town of Ullorest. ..E,(IN p,t ru,he r, art . • ---7 .7. 01:1- tAYe..r'j ' Yll yLpand and official seal at Greeley in said county and - .- rte th`,Cr 23d day of Aovember , 193 4 , ; I � r� i`„ • r Clerk • by t Deputy I - I zz.{rQ • T ---4,-.----1 3_ I RocardMl JUN Z4'1935 ,tJA Oidcrk p7 t+,„ - ta Receotion C�.. . sc./WALTER F.MORRISON,)(corder J _ . n • ( THIS DEED, Made this .Z 2 day of June, A. D. 1936, between ELL 0P. COGHURN, of the County of Wald and State of Colorado, of the first part, and SUE BRO1TU, INC., A Corporation duly organised and existing under and by virtue of the Laws of the State of Colorado, of the second part, WITWESSET1i: - THAT WEERSAS, Party of t:L•o First Part is Lite otn:or of: -_ Blocks Sevc:wty-two (72) and Soventy-throo (73) -- - situate in Section Twenty-debt (28), Township Four (4) North, ;?anoe Sixty-six (GC) West of the Gth P. M., Weld County, Colorado, formerly a part of • the Town of Gilcrest, Weld County, Colorado; -- - and W}RFAS, Sue Broom. Inc. , second party, ''.s tho o•worr of: IIAll of Blocks Forty-seven (47), Forty-eight (46), Sixty-one (61), Sixty-two (62), Sixty-three (63), Sixty-four (64), Sixty-five (65), Sixty-six (66), • Sixty-seven (67), Sixty-eight (63), Sixty-nine (6G), and Seventy (70), in the Town of Gilcrest, ':reld County, Colorado; and '7HEREAS, for a lone period of ?ears second party and its predecessors in title have owned, used and maintained a lateral ditch and flume extending from the southwest portion of said :=loch: Soventy-three (73) south along t ..• west 411do of said P'oo'ls Seventy- . . . three (73) and Seventy-two (72) property of second party, for the purpose of irr'icatine t'l.o said lands of second party; and • '?&flS, second party desires to !'.a7.! said ri_ht of way a matter of record. - ----1 .,.. .... I _ _ \ 4 rye 800K 979 PAGE-119 , The sai`1 f!vat party, for an : In ann- alderation of U`.n :ace of One ( 1.00) L:o11ar and otIan' ,;ood and -- I val-:at:i ct:nl':idnrat'11+na 7:n the ::ni-i fimat party in han:i ;m1ci by - I . 1..11r an i ! econd party, ti19 rcc.nipt 's'.^reor 1:: hereby confr.ean.1, an•i - 1 ac tied, ht:: ,.L..f, ::cl_ a-'.. w•., rc:, ,1•. PJ tr:1e preaonta,. do.•' „•a'1:.•• 1. a;: , n<1l. ..'t.,. '::, he '.. ,^'rl e r•.. ❑d I.J'I ;, .n::':u I':: n.. ...._ ,(.I .,. ,I. 1 ..,.. ...4. I .1...1 .� . - - .. .. .....,n_;; .a :.n^:: :1 I:'':c T v.,, �.:' 1:1.1:'1•e`_ : .r.l 1: t.tib "..1,,...•.: . ..6. I' : L'' f'. I: pi .i. 1,'i'n..:a, !.: .'.:I •� •n. ':..1., •. _� a L.1 ,r. ,1v t' 1 nc .:.a sai_. rl ei:s .. • t... r - 1 i.t .nstt'I;u L'�.il• 'i 'ir........1!;J _r' : Ill <, earl, :.1^. - ! la., �1 a _•In' •^9' ea wat al' I1 .-c .. I. ... • 1 lf, eial Seal . - ' gQ .z. y , hV » -ice( �i7`+x e f J e..,/,��/pyy Y 44,-4.0:r. 0 Y,''r t,e.•.• t... . s kerd• adl�l1y1�1�2�4�.193fl__..,t"/Q 0•rmrk"P M.7_ - - . _. • _Raw, . .041(41. a WALTER F.MORRISCN,Recorder u:r i t'-V ..f:''4V . iw1" i.• e u THIS DIIEDillade this 24th day of Tune, A. D. 1935, __ between ;y:ER P. C00BURN and CHARLES Wt. 1IZSIES, both of the• - - County of Weld and State of Colorado,' of the first part., and • SUE BROWSE, INb:, 1 corporation duly organized and e:d.sting under and by viatuaef the Laws of the State of Colorado, of the second part, WITHESSETH1 'That WIIIIiF,AS";.Elmer P. Cogburn is the ovmer of: Blooks. Seventy-two (72) and Seventy-three (73), (with - -_- other property), situate in Section Twenty-eight (28), Township Four. (4) North, Range Sixty-six (66) West of • the 8th P. M.; formerly in the Town of Gilcrest, Wald .County,..Colorado; :<.,•. . _. and , WHI7tEAS, Charles .W. Hines is .the owner of: Blocks Thirty-seven (37) and Forty-two (42) in the Town of Gilorest,.Weld .County, .Colorado; • and WHEREAS, Sue. Brown, Inc., is the owner of: All of.Blocks ,Forty-seven (47), Forty-eight (46), Sixty-one (61), Sixty-two (62), Sixty-three (83), Sixty-four (64) rSixtymfive (65), Sixty-six (66), _ l Sixty-seven"((67 ; SixttLeight (68), Sixty-nine (69), and Seventy. (70),,,dn the Town of Gilcrest, ;fold County,..Colorado;:.a. .,:':\.-', .. WHEREAS,- for a. period of years first Tart±.es and second • party andtheir predecessors-in title have used that certain lateral irrigating ditch which begins at a point on the Farmers Independent Ditch':Compeny ditch, the headgats of which latoral • ditch is located approximately at the place where the Farmers F sou 979 6,418f • Independent Ditch Company Pitch approaches the dart" side of the public highway between Sect:one Twenty-ono (fa) and Twenty- . . . eit (L:), Township Four (4 : ..:.,r h, .ionio I .l• :y-six (66) :est l! tl : . of the 't': . . . . , said lateral at t•... ezt,.••.'U'.,; from sail '•pint in a southeasterly direction along, and across said highway n.nd across flock 74 in the Tot of a ilcres t, to the southwest corner of said =lock 73 owned by the said Elmer f. Cochurn, at vh) :.. point Where Is a concrete division box :hl :: has Leen _ . strncted at the cost of the respective parties Iv:rc to; and .. ' A5, acme controversy has a. 'se'n between the l envies .. . as to t.'h,• rights of second party in said lateral ,`.itch, end ' t is the desire of all parties to :.ake second party's interests in said lateral ditch a matter of record. 7:0::, T'iE7,.`:?''3r, the said first parties, for .and in +on- sidcrnti.•n of the suet of One (:,1.00) Dollar and other ;.nd and .... -. vult:able a c:,s t:ierat ions to the said first parties in hand raid . by the said second party, the receipt whereof is hereby con- , fessed and n;hnovledgod, have granted, bsrGained, :old au:•'. eon- '' veyrd, and, by these presents, do grant, bartaie .ell r__ ..zn- voN, to the said second party, its successors nn•1 nse' � roe- , an undivided one-third (1/3) interest in and to said lateral di de ithe right of way therefor, for the ditch above sor>xd .and use and benefit of, and as appurtenant to, sal./1 lands owned by second party as aforesaid, together with thee rl:ht of incre_ss, l_ eGress and regress over, across and aline;, he same and _._ adjacent thereto, for the accretion, maintenance a::'. . _:-air of said lateral ditch. 7_—.c≤5 }.'_P.E0 ', the parties of. the first part have - hereunto set their hands and seals, the day and year first above I I written. ^ /, da _ _ /iGYt..4o. �r (.3=::1g, _2_ p sock 979 PAGF 182 STATE _ COL:r. ;.t'), ) ) 33. County of Vb311. ) T!:•.. for^,;o1.a- .. sits :It •a L:r.. , _0. re th �.I" ..,f .-,tor, A. .'?. 1P5, lrt a,: .' ,:om:aL n r:^'1"^3 J'• , u:: _ , L . .,7. • 1.1! pp l 1 ' dOW1 `1�1�GFv - �lr4 tiara• '411:.4 l,l 137 ` r,�Q�' r .. _ ..,, _ • ses;W bt.CYJIk 1E r: t r K y _ ___-• a. ,.fljBC4.. and w1j : COii .V3'L. `.77 at fl us Qatar at. .,.=^ II likat Cttmas„a_ 5 •-^-- '_ I :• Y t, .: aaaaldrtatlaa of _^_Lr• -9'ttt A 1 ''•'4 {1^" '?CJ" ;?^_i.Lr -•. 1-..':.::-.--"--.::-',-H.-..-"-::, Lt hand raid.8acetiy sell aad ttutrey;ta 1reld go CWundui the rifht of Way Sat t paldl filth way aver andaeel*Ne ttiilawtutieat4 :elb laCMII ti,4." _aad.8ta4ratCahs ' �J� z ? C Zafri aflRaaad aizt,.' . 'Lal,f ibamsr" ,,... r �:nt ••nt& Laeu nt =al- ttCtet nXt'res-'ilt:tne'„,. . ....tats ; '` :!?treat, 'velr, eti 114: aa1Orat.a• aetatr-lm' to•';a' flat t: teQ?' tsG' ' GUT; rlle( ' st:s Lhu' Gtttt 9Aa-.4.: e1' Ot'tPLIL Caun•_Ztt, t0'wa•L _ , - a T•1 t •'.rt af 'Le ..treat Fa:Ctnc.l.t, ..Cb•7 fet_ ast, %, : '- `�' = . :1,:2`n aide �f•.u. ,ttreet.. tvs i.•a t:V'ci ^' . 1.. �' ;r�'', •al.Lt id • ?a, ,-..a;tea • 'wu an 7: . 1-1,t 's t'cur-et- .tl 't s .. C.:! _set. P .. F a .1.2s • 1. '•'1 a ^i.rc9. .4-: 'ht lr}y en13 Ft. ,'•".L v1� t - < _ .c T`' s,: ..• ' t'o• . •rerL. 1'49 .19:,' t. C.9c,P "O"•...'"7,rf. a t..1 c,. •J A L s :ve np r ...;,. t I " 7T7 t 1 • S "l.la teed_t.a jvrr 'tY ft-'�L'e9lktt. t1.P�:t4A 'iacw '.�aea a' �fE7Ri6 ` -' >° Y;,� 9n1'•:^na. a- etteetst ::.'n::t.la.41-. - e•,- .itexest aa•;i.tc*t thin a�c.r'. a - ' s be "re"Ertcd't, 4' 4a et' a, 7",11'74.71,,,t-t traw}hfRttO'•-� . -. . K .�o ' ti - , : 4K > .-aad:araeea& aO�l,R,,,�z,,t,�DOl .a? s c-'m s .`c--- :C'.+ '�H"d;Z:-At';?.�:'t �,��„�Ta '�•f �.. t -.— aaidats�OCI +ue.iwrn �. ° c r a�!} nyJ �' e-: C, .i t}'�T3K .`a-'ti§ ��y-y' ! Y h y'fe -'4',V1:-..7:;iw3 V c e 4 sr .. • atrsl�Rs�tata o L � ..t � ? -. t.x;41.4-_;,P;„f ��di/ . fb�J�A ,�✓yl3"`'S"'";"____11 Y� nt? r . � i 7, . sC st'e3i•S F s .� rsw .e4' ':'..� i '$t� , �"+.Y iw' < ; ' r+'^+ '"•way +. -4 e. y 3,.1 4 ?.-� r4., �' .-.T} y fs . y.'L,. �-+. '.n a ,�'' iT a♦ :S 5z�''�r � . k ," "` ao f 7- 2 t �`-'^' ,rJ1 Ott. w.;&,-, aL r!•:T D- -- s.-r+' v+- -r - •[,:r It:, .. k q i -�•� � d-- '--^ .2 -aL.._�'� . t -.v r - t' -cam;--tV - t'jztc- xy,-` .1r �d.. , _ �,.. � r-0 ' �: -Viz-' : ..':;-:.----777/7--w - •. �'S' s--'. v k.`:7-3 3 a l &-,$�"`y ` - '^�' ' E' ^ ." l +sgr'a _.. " -,.YfY br- cr ... •;•:----- - . �`. ;I"; ,`a.,_. -"'mac. '"M 2�y"*3� n8•'01'I'ILd u ' r ? ik4A//te • ti�luil I• i739 RF.C 0:07t8 12/09. b6 i5:03 312.00 1/001 r`--xv-..{q '•i "lr:, ' 01 n'' MARY. it: N k E'JF.R::T'.•:T1, •<:L Ei!F b RECOF.DER WE'D CC. C'3 1 5i- � Vi ; } - ; I'IL!!': t9 .,,I. .. 1: , .`F"k.':. ?CF.!'k!i F.a"f '.. �•�,: 1Y... YT' b'I h Ina Lt I tr I Van Pare• with oddrnn, t. I 5 he.. T..,� '3 . w County Road 4i. Gilt:: . Colorado ti0h13, hereinafter referred e_ ar • .Ta -.n C LardoLner, and Contra! end County Water C_sef ire, a statutory war or x+� f4EcMt �; with.,n address a _ 2edond :Ivem-•. Greeley, Colorado :ouo EC 621. hereinafter is peer rl to :1 +'1 crier. �. F s-.• I Y eY e;. +f l.hr'i''\,:, -I I and owner the owner of the lull owing described la id �^ located is I1,-1d County. Colorado: r : ltt+y _ e ,y 34 '. I .t 1 1 I:i, !t , rc :di. 1n, , and .;ti e*C i 'awl '. tl ..r: CiI .t , :Lrl "r, churn: _ .4� t . qi i .,� r Tt�, I fC J. I tl t the (iV�s} ,:: ..r err i c I. -.r ih••d 'bus: rte'? fA' I dat lc cl:. 1o,: ��'t ,: C Cot r n( ..lid ! ki : leif: there. Gorrh 20F.1 foot: thence •fl get*7.1 l .'n t I point n`eg [ h ,1 }y1 t � t1 .r t co Io,lr of beginning;ry:. v `*' '� � Oft, o i ' act ti r YI 'lac ut nap e( the k da 2• .t"' Toiomite of Ciferfst , f record in the office !�;,_.fa n ! d i}•uat of Weld County, in '�i' I l r. Napo, at page 'G, bean{ ' 'c s r t•- eehdfvfsion o' that 'o rt io:: of Section 23, - �xst�.ik,, 1 I 'h' •. nth, R" ,ge 66 Rest of the 6th + '+�Ee''f ,N. ,y+n�i 1 lying North el the Union Pacific y�rY �.,x-�� s .jJ d.ii wa ; together with all vacated streets 3i -"� i `p. , 'iuv within in the above flocks or portions `t- c k;� n abutting ,ame, except Elm Street granted to i ° ..» Weld County for '. . .ur.Cy road � , : bi ��p1 arch J'r„` SY �L :1itFREAS, the Distric is desirous of constructing and installing a Ye leiut7 lc • water pipeline and appurtenaa^es over or under the hereinaheve described � +r.n_„ti.ut• proper,, 21 the '.ae::r•:ner as rr:rc fully described in the plat ec:nened hereto, and t F[S gg w • t WHEREAS, ch; _ n 4 nl 'r is agreeable Co and :.i.1.iR,r, to to :he Ot react 10 wide 1 permanent water ell easement as rupee :.1.•. cyst Q . rt cnh n n to plat tern ', h �ti ft&,14' u I consideration paid e •t 0 ' the r. 1 c :el:.t e of is he rh v r'. 7^ .,,. `� 19, .., I 1 : t :. r J[Crl c, covenants and L., 0^S : 't'a I r . . t i .•;t. . r 1. the parties It I-mot r '` i172:513 ,s,„ -frig t n l—a ..0 n 1 • 1 "I,I I ibc i.. cad irAtr 4 ;4::- _: n- - ,�a13L[ c u 1 .. I ..1t r i ul si ti , ...e r ..YT :l r .pure r el l .. 1 .te.� in w r+r I '.n it 4'r ,rte ;,....:;:r-,;:h .. L C 3 ifi •M-I F .ay ₹ n „„, ir,„: s:l }"+•s Pr ,,,•4. 5 ;1,,, ,.....„, , • ..„0.4,,, I „,51, ry .40. N pf tin ;YZI ..., + - . W � ' . - p 1138 RFC 0207921g 12/09:11g 15:03 $12.00 2/004V2,4 �,.„j t *•!' • Anik.1 F Olen ?lapa, PUti FEL12,PM EI I CLERK RECORDER WELD CO, CO• -�q.:l D "rorr�x: M x`�� ' tr rlrr , ur.�t.dur .it ca., ill f. th n of e D: .:;1".C l' upon termination n; 1 a the . } r red ';rt • to or ..n :..td 1 n r... sit ,,c Xi , Y , tkiyj 3. J. . uelub'nee a1 o gr-.r r• t9 , flisrrict the right of :ri' i - W'.43 ro co :-r.d from said rirr 1 way rd ec.senen t.. n:; necessary and '<, tz^ft,'.. .1249 r I _ :bit , ,-he r. ore.sc of tl f he granted herein. - s^' Ar' . ` i +y'.a? The District 'I;'reert to t. et . onsibilir: and liability i• » a44 a r.d all dar,rrt resulting lrum the construct:or, installation a irnAie ler ' rl ,i„; and er maintenance of said pi n'• nd appurtennrces during said a � -F0'1 centruccion. or at any tram in tne future during the existence of said 'er " 4tf District duo to the negligence of the District, its authorized agents r.r +-Y i ar'+-kW r err 1,yetis. �'a:•� , .. 4 • +" 5. the District further “erecti“erect chat the Lar.cocrer shall hares chi + r s .c e: `g•. ri(:I "'I i t`rt:.•i?"ye 'ace, ov 11 anon the mils anti^_ area as dc•;cribt,i ' ,r� r`i >. n n;' it r a fit I t..ie, fir tiler a r -. rh,:c the righ- of -ay and easement t far 71x : h n r r.o .u,! cc _.-.,. to me <n:c >rpc.•:.r as chi-• r' ;h- y`f Pe, ,2,-, _maim .ilr. 'al f ".l-r a Pel ;flit, Ott- 01141 6 I t march c rrcraII rind that the term -rd cord bons of Ylie ]41 t tl . t nr 'i 1. Ut . - Aril h . hind 1lig urn tin heirs. 1rFn: a dsb`ht^�'.�:� rep:-e at^tar rr, , successors rr.d a 1.grs o, the ?art Its herec * s .;' ;�� IN U17?:FCS !allLdul the par[ro:' hereto hay, executed this agreement '%' t,l• chi day and tear as inn. cle eerie t:i. ,s •x.� -r �� ' . y?Gll� • '/ .-�� ,tom e. iii ._:1 < eu r..-n f.T/2.C..— nTt ^' cu"' � •+. 1-I P,.cric:a S. Van Care �F -' LI Attest: Central We Ld County Water District .. t', � ^�S� --'4 t 'Zi"t'411rtr-I �� a.• rq�4. s '! -J'' --- 5 t1 AI'1: OF CCU:ADU ) 'n m :: .ktini COUNTY 111 Ld ? 'u ti�_e let• L � 4.wd 1pyt�ur fore t• .rr it 'nto. cl.:e beta:• -• 4c i(1r !, �c.{� 7, 0"5‘14 I I'f.:F:Sc : h,,nr and o.._r�iai sea! M1 .: q'Y� t I ;:y Lenin . _or. e:-4-1 Ter: - c, rr 7 �y 4]�T;t:. { __ t ?—} A �� I fT a' r eft.:« Public c._ • A, > �yM ?V'F': : py n d � n • : •7:.1i*,;:, '.T'b' .� l '•--7. 1,---,i9:: f Sil' � • t Y_ M'.a. .4----'i r.: 1. i )'iii --xi T itiq.. - s P 1! 141:11€7 : R 1139 REC 02;179918 12/09/96 15:33 $12.00 3/004 0190 MARY ANN F£UERSTEIN CLERK & RECORDER WELD CO, CO / F• � t X .: 1'3 'A"I'}' OF CJLCR_\DO ) �y a S:.. y, t'OU:'Ty OF WILD 1 , v-'Fx•Y. 4 w • fhe .` rrf t Y E:...r nea.•nt at ar=now1,-aged he fore ow this day -. 1 .4. R _. _._ _. , . ii L _ and `. -.$� • .__ _ of Lent nil We Lc County'a'acer DiQrlct. 1° ? -r u..y ....... . t 4 rC" a W1T11LSS Y, hindv “I t ici ,l. -4 e • 0 Yi44 •.,"ik: ]onini tr 42 r Ices' C rJ • OTC R0, ,r-,_'' �, �a=, 2:e...4 ..., i.c,, Y'n yG ca - t AZ • 4� >-�•+e`n111 • �t?O{Mc I • r u. R. 4 i`g .x is iy 41< m • j• .' t • . ,,4 -,1-•=1 ,0Yam • ,n.�! t • I .G .... ,.,: -.,..1.:114$147: rr 7: A !Z• yb .1;;.-fi d --- -,,,,l MA S J>PIA S , v.a y ...-,,,• -..,....14'.; ! T-71kti ,1 tlhl 1 � �, ~ yam ro � > I t-1, ry :- ..r' YL 1 14- Wf: se.,;-4•.: 3-S, 5 w - 4. e 3 � S r 4 ,. . , . ., 9 11:8 REC 02079918 12/09 0, = • FMARY• '?i1,,. 0191 ANN FEUE2STf:IN CLERK 6 RECORD'iR 1 :LD CO, CO <r q :rte ,�. Easement he::_ripcion No. 355 . ,- ',y (.Patric i:: `an Hare) ,7.x;_ ry i$1 pfy Y17jp�„_ A 10 foot vide permanent water ma in easement on, over r and across ;' portion of the. N, : [beast c!u, rter of Section 28, Township 4 North, kr-ae I:an}p 6,. West n _. ',th I'r !nr!pal `1e: idian, Weld County, Colorado -p' „` Jzf,� being more particularly described as follows: 1 Said I(1 foot with: permanent water main easement stall be adjacent .� to ,:n,' Went o, tl:.. west ritht-of-wayline of girth Street and shall - extend •tenth !rem County Rood 42 to 12th Street of ililerestr CO ior;:du. P. g .> 4,4 iltiG t. t y . Y� ; A 4 . t3,1 wE 1 t z �ryte YyY , fan hams i. g,47,4,.." �a t • F µL�.1• y • I I I�£ 1r'ryy • o ,ice s. -` • L_____ ___ >a.o_+c, aj*�. 4 x`k c juurr 2ono is u. (tS 2 L' T- _y „44 t rt. . ,:{1 I - nY S ,,, 4, • , I 4t 4 ,� �: � � t� r IZ�4 ‘l I , , _ n 1 l G ' (Loca,ed in ,i /a Get le,'4r! ^.A') 4 d n Wr N fl.5 l I • j i v L v �d �r. l ,� 4 I - . ADI -- • ard wo FF� Iicii.o �1J`V I L, -:-'.:-.47-- t. i :d �l w S yu GA l_ 9 �, a II W„.. _4, tat c',�c-- NSW:0\t;�.�. ___ CL\ilia_: +rc 47,1 1 , c ILC�i�r LE.1 lt '.,! u '.oL l '.5 ?L5' .-_ '•,1OL i i -Y.�IDCL __ All i Mil I ," T`- 1057-23-1-00-001 F 1800 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO I.cy ?_.. C. ` R/W C/, O 24S _ (03-02-88) a r • ,,x.: "°'-r" AR'1.S9497 RIGHT-OF-WAY EASEMENT "`j >tri > .. The Undersigned Grantor (and each and all of them if more than one) for and in consideration of Four Hundred Dollars ($400.00) and other good and valuable consideration '" '` .94---..:--,-,,, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, hereby grants, roar ' "` bargains and conveys unto THE MOUNTAIN STATES TELEPHONE .AND TELEGRAPH COMPANY, a Colorado tl a " :i2 a corporation. 1801 California, Denver, Colorado, 80202, Grantee, its successors, assigns, Irt `�'',- lessee: licennecs and agents a Right-Of-Way Easement and the right to construct, operate. ,; --:177-: :e maintain and ,nmrrve "acn Communication and other facilities, from time to time, as said r� grantee may rcoi coil upon, under and across the following described laud which the Grantor .�., t,i , t owns o in which ;ne firanton has any interest, to wit; •g y c„.4.-5----u.Ne 1:::n • • 1 it An easement being IS feat wide adjacent and'abuttiny the South side of the South Right-Of- i .r.% . '' -,,;,:, R, az Way line of Weld County Road 42, also 14th Street of the Town of Gilcrest, Colorado. a ?�...2Tttir. t part of the N U2 NW I%4 of Section 23, Township 4 N, Range 66 H or the 6th Principal i `C- s-.> - "t Meridian. Saar •a; .may-_' ' �v:fiZ- ' 4 situate in County of Weld. State of Colorado, TOGETHER with the right or ingress and tar ^ ,t egress over and across the lands of the Grantor to and from the above-described property, fay `� �_Y i the right to clear and keep cleared all trees and other obstructions as may be necessary. i1 T. -1,r., _.a The Grantor reserves the right to occupy, use, and cultivate said property for all : ''+ t R, purposes not inconsistent with the rights herein granted. " -T Signed and delivered this z % - day of z./s7 i , A.D. , 19_ t' ' "" _ < D q ' � y • 3/4Fc..a AT: NY 0 7clrn4 V1 ER 'i z , _ v,a -. t. Grantor ,1 /-1 ,a' -�eeryc- e r / • L!7 4./r • ii? ,,,,G n iC{l x , ;:•,77,: rra * ,' Grantor rte K'G ts . . -w 44.--"r1-." `" STABt=31 CrP!.QRApDI0 > < " ,71 .,,,::jr.;- :!Y Y` t.- county:o,. Nr,c'1'zA�-.,. ) ss. k .� The foregoing instrument was acknowledged before me this I*w_. ,,ka71. r - `r1;''.{�( day of ________,L4_, 19a_by en�ln,,-eK., Ur,•.r_- )_ sT' ' r i My commiosion..e:tpires -,,, H 1959 Witness my hand'and official seal . / //]l _/ -a Nr'v Public f _ r v,-? --* Address: 9.3 s 2 ..,_.J S. ' ,�t_kt,—. a . ' oz'-9 "c 4 'r l-f i1, `: tli „Ain'.f :Li ,..-.±./:•,,-...:l a < a3 i• ; vri Mountain Bell,tw agrees to pay Landowners reasonable compensation for damages As: `ate a„-„�-C - ;, to landscaping, ditches and growing mops of Landowners which result .z.,4-: ., a.. directly and solely f- construction, operation and maintenance of the 141 _ q�, 91 facilities of Mountain Sell placed pursuant to the above referenced ,,,'tiN*-,. Right-Of-Nayconveyed ny Landowners to Mountain 6e1l. er a„ g . e-. v :4-...,-,i.:- �. m 4 'i ` _ 4 �+'^9ri +4 `i?nNarezier' , P;. [rr.1a Ann gal c .,m5. ,r-Y'r j '4ftS5 We Id County Road 42 � __ rctf,-.1F,.<ei rflartev. ile, CO 80651 -r, w .c �.1 -P L r:,r_ r,- r B 1320 REC 02z7ZJ11 iL/4C/ 9l ♦L:VV +--•-- -, --- F 0747 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO AH2272311 SURFACE DAMAGE AND EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this 6th day of December, 1991, by and between Patricia N. Van Hare, a Widow. P.V.N 14486 Weld County Road 42, Colorado ("Grantor") , and WINDSOR GAS PROCESSING. fW tr Colorado co oration, 1600 West First Street. Loveland. Colorado 60837 ("Grantee") . WITNESSETR: 1. Grantor hereby grants unto Grantee an easement over, under and across the NE/4NW/4 and NW/4NE/4 of Section 28, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado. The approximate location of said easement is as follows: Beginning at the separator of the Gilcrest #28-12 Well, located in the NW/4NE/4 of Section 28, T4N, R66W, thence West a distance of approximately 1600' to the West quarterquarter line of the NE/414W/4 of said Section 28. 2. This easement is granted for the purpose of the construction, reconstruction, repair, operation and maintenance of a natural gas pipeline. 3. Grantor grants to Grantee the right of ingress and egress to and from said easement as necessary and reasonable for the exercise of the rights granted herein, said rights to be exercised only within the space of fifteen (18) feet on each side of the center-line (pipeline) of the above granted easement. 4. Grantee shall indemnify the Grantor and forever hold her harmless from liability for damage to third persons resulting from its exercise of the rights herein granted. Grantee shall also indemnify, save and hold harmless Grantor from all claims, demands, or causes of action whether for property damages, personal injuries or death, in any way arising or going out of the use of the easement and right-of-way granted herein. 6. Grantee agrees to fill and re-pack the surface of all lands damaged during installation of the pipeline, and to repair any/all other damage to Grantor's property caused by its operations, including, but not limited to. damage to roads, ditches. culverts, or fences.. 6. The consideration for this easement, including payment for any surface damage resulting from the installation of the pipeline, is Ten or more Dollars ($10.00) , receipt of which is hereby acknowledged by Grantor. 7. In the event of additional settling after work has been completed. Grantee agrees to remedy same in an expeditious manner. weather permitting. Furthermore, in the event Grantee must enter upon Grantor's lands to maintain, repair, operate or reconstruct the pipeline, Grantee shall pay for damages caused by its operations to growing carps at a rate representative of the current market crop prices. 8. Grantor represents and covenants that she has full right and authority to grant the easement to, and accept payment for surface damages from. Grantee for the purpose stated herein. 1 SS.LD WW 10 . 0 . 0 . 201 WE 2272311-1991 . 001 soma. a,ca,call 1c/1a/J1 cc:Uo j1U.UU t/UVL • F U748 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO • 9. Grantee agrees that it will at all times maintain said pipeline and repair all breaks, leaks and damages therein and thereto at its own expense and further that, if by reason of any break, leak or damage in and to the pipeline injury to the property of Grantor is sustained. then Grantee will, with all due diligence, repair and replace such property of Grantor to the condition as the same was in prior to ouch break, leak or damage in and to the pipeline and will pay any and all monetary damages resulting from such break. leak or damage sustained or incurred by Grantee. 10. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WINDSOR GAS PROCESSING, INC. l�5�liuu i 97 .6724,C, r/ate. By: O'LB O - "" -- Patricia N. Van Hare. a Widow Ralph L. Nelms Vice President ATTEST• c' .(G2 KLtLl�)iv� / ^.,00 �.., ..•.. Kar Burgess a r`�+•;optl210)o.,,..t Ass stant Secretary , ��C.> O tZlo O ;70\4 Lc c", a • STATE. OF COLORADO ) '•. OQP '•7t, • ) ss. County of Add_ ) Before me, the undersignedI , a Notary Puqblic, in and for the LJ said County and State, on this day of U&CY mf;Pr . 1991. personally appeared Patricia N. Van Hare, a Widow, to me known to be the identical person, described in and who executed the within and foregoing instrument of writing and acknowledged to se that she duly executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. ""144. ,;WITNESS WHEREOF, I have hereunto set my hand and affixed M 4 ,p°g.gyes vial seal the day and year last above written. a8 ' 14t;cml Litton Expires /L.('E 1t�,Q */ / -O..0-0- . i M tart' Publi ) ,oaf/fa ba - y� /Log 11 . 141-r, n�'o/ar�n,LFDb2.`�31 %.1);.'....... :,o,,,*, Address C; c.,M/• STATE OF COLORADO ) 99. County of Lorimer ) v1, / The foregoing Instrument was acknowledged before me this day of th 4seb__vA/ . 1991, by Ralph L. Nelms, as Vice President of Windsor Gas Processing. Inc. , a Colorado corporation, on behalf of said corporation. Witness my hand and official seal..,� I ,Gacission Expires ,i 44,t. )Y�. atildl24V/_I ,.- N taz Public,0° 9 ...�„' /� !f. �61Y {v/ Pi i 1 i±.. //WM?, li.2 ,iv i/ / 31?: �ZHNt t`.. ' Address' a i�.e.o-o- ' • ` PUB1.�G:.o = 2 SKLD WW 10 .0 .0 . 201 WE 2272311-1991 . 002 (1 ` • r > / / , privileges, immunities, and appurtenar1Ces, of whatsoever nature, thereunto belonging, unto the said claimant end to the heirs end tasigns of the said claimant forever; subject to any vested and r: accrued water rights for mining, b. agricultural, manlfacturirg, or other purposes, and rights to ditLi - ches and reservoirs used in connection with such water rights, as may he recognized art acknowledged ^ by the local customs, laws and decisions of courts; aryl ttere is reserved from the lands hereby granted, a right of way thereon for ditches or Canals Constructed by the authority of the United • States. I' • IN TESTIMONY W} RE0 P, I, William R. Taft, President of the • ItUnited States o[ Arteries, have .) ' caused these letters to be made Patent art the seal of the General Land Office to be hereunto affixed. k I • F1: Given under my hard, at tke city of Washington, the twenty-fourth day of April in the year of . < our Lord one thousand nine hundred and eleven, and of the Independence of the United States the one hundred and thirty—fifth. I .; • ewi By the President: Wm. H. Taft, • I ! t , By M. P. LeRoy, Secretary• [r 43 '^ John O'Connell, ;i• •• Racprded: a Acting Recorder of the General Lend Office. Patent Rumba o it r. o 192296. / r ` No. 173,939. ,p . 1: Piled for record'at 2:40 o'ploek P. M. Janty. 15, 1912. A. J. Luther, Recorder . By G. W. Saber , Deputy. I' • XXXXXXXXXXXXXXXXYYXXXXYXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.'CXXXXXXXXXXXXXXXXIXTYXYr OX ! i WARRANTY D E E D . THIS DEED, made this 26th day of April in the year of our Lord one thousand nine hundred and nine, between The Gilcrest Termite Company, a corporation, of the town of Gilcrest, County of Weld, State of Colorado, party of the,. first part, end A. J. Mefferd, of Gilcrest, County of Weld State of Colorado, party of the second part. ,,'j•• a WITNESSETH, That the said party of the first part, for and in consideration of the sum of eight il I, hundred 00/100 Dollars, receipt of which is hereby acknowledged, doth, subject, however, to the k exceptions, reservations, covenants and conditions hereinafter written, hereby 'gent, bargain, sell ti �;e,: and convey unto the said party of the second pert, his heirs and assigns forever, all cf t::., fallow- I' it ' I ing described lot, situate, lying art being in the town of Gilerest, County of Weld, State of Colo- I redo, to-wit: Lots one (1) and two (2) in Block fifteen (15) as shown by the plat of the townsite of Gilcrest in the Recorders office in Greeley Weld County Colorado together with all and singular the hereditacents and appurtenances thereunto belonging, or in any I way appertaining, and the reversion and revisions, remainder and remainders, rents, issues end I profits thereof; and all the estate, right, title, interest claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with k the heredit ements and appurtenances, subject, however, to the covenants and c andi Lions that this deed of conveyance shall not in any manner whatsoever apply to any coal, oil or pea that may be under- ; ne ath the surface of the land herein described, but that the coal, oil and gas shall be the exclusive property of the grantor herein, its assigns or lessees, and said grantor does assigns or lessees, i shall have such right of way and grounds, free of cost, as shall be necessary for the proper working of cry- oval wine that may be developed upon, talc! -;m.ca=, and for the transportation of the coal • from the same, and the development of any gas or oil upon said premises; and subject to the convo— nant and condition that no alcoholic liquor of arty kind or description shall be sold or given away I urn said premises above described, add the sale or gift of said alcoholic liquor upon said premises shall thereupon immediately cause a :-eversion of the title of said property to the grantor. TO HAVE AHD Tn HOLD, subject to set' ec - ^n d s, reservations and covenants an conditions,'_ _ the said premises above bargained ant decribed, with all the rights and appurteranees�hereto belong- - ing nnma the said party of thesecond part, his heirs and assigns forever. And the said The Gil— crest Townsite Company, party of the first part, for itself, its successors, executors and adminia— tors,does cove• nant, grant, bargain and agree to and with the said party of the seeond.'part, his II and assigns, that at the time of the sass sling and de ll very of these presents., •to be ,, _. 1 9. of the premises above conveyed, as of good, sure , perfect; absolute and indefeasible-eetati. i -L__ • '1 Of inheritance, in law, in tee simple, and has good right, full power and lawful authority to grant, I ); bargain, sell and convey the same in manner and form aforesaid, and that the seat are tree and clear es, taxes,• kind orinatureer and other aaever aidgt he tabove�bargainedgains, ipre premises, in the�yuiet and peace nD enta and In ees of pos possess aon ofr the said party of the second part, his heirs aid assigns, against all and every person or persons • lawfully claiming or to claim the whole or arty part thereof, the said er )' f the first part shall Excepting • end will Warrant and Forever Defend. I ; �iI IN WITNESS WHEREOF, the said party of the first part has hereunto set Its hand and seal the I day and year first abovo written. In the presence of -�fmm�� THE 0ILCREST T0tISITE COMPANY, By W. K. Giloreat, tEA) � Its Preeldent. By E. W. Oilnrest, its Sacra tart'. • I d i STATE. OF COLORADO, ) :as. • County of Weld. ) I, Ruth McDonald, a Notary Public in and for the said Weld County in the State aforesaid, do • hereby certify that W. K. Oiloreat and E. W. 0llareat, who are i3ersonally known to me to be the per- sif sons whose names are subscribed in thu foregoing deed, appeared before ms this day in person, and acknowl.ed that they signed, sealed and delivered the said instrument of writing as their free and voluntary sot, and as the free & voluntary act of the said The Oiicrest Townsite Company, for the uses and purposes therein set forth. 1,. I 4..<!1,.M!N.2 Glynn under my hard and notarial seal, this 27th day of April, A. D. 1909. 9 A,� My commission expires Unruh 1, 1913. , M /NOTARY I Ruth McDonald, PUBLIC , Notary Public- h;\_ cF9% hmj at No. 173,947- I Filed for record at 3:45 o'clock P. M. Jan. 15, 1912. A. J. Luther, Recorder . i • i XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXYYXXXXY.'IXXXXXXXXXXXXXXXXXXXXXXXXX,Y?X s.r i t u rril WARRANTY D E E D . t . : THIS DUD, made tHis 11th day of March in the year of our Lord one thousand nine hunarea and i I nine, between The Dacono Townaite Company, a corporation, duly organized and existing under and by virtue of the laws of the State of Colorado, of thi first part, and John F. Fusha of Denver, County C of Denver and State of Colorado, of the second part, i WITNESSETH, that the said first party, for and in consideration of the sum of Ore Hundred sixty two and 50/100 Dollars, to the said first party in hand paid by the sail second party, the receipt whereof is hereby aclmowledged, has granted,bargaired, sold and conveyed, and by these presents i does to ant, bargain, sell, convey and confirm unto the sobond party, his heirs and assigns, forever, i all of the following du scribed lot or parcel of lard, situate, lying end be ing in the county of Weld, and State of Colorado, towit: i Lot, seven (7) in Block nineteen (19) __! Together with all and singular the hereditanents and appurtenances theraun'- '*el.^^;;ins _r -. 4 anywise appertaining, and the reversior and reversions, remainaer and remainders, rents. '•^•'^5 and -.1▪ profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said first party, cheer in la or equitty, of, in and to the above bargained premises, with the ' hereditaments and appurtenances. I _ __. 't is expressly understood and agreed, and this conveyance is upon the condition, that no in-.- sting liquors shall ever at any time be sold upon said above described premises, or any pert either by said second party, or his heirs, executors, administrators or assigns, save and 7 a druggist or druggists for medicinal purposes only, and in case of and upon the adjudi- i • a 32�/ 225 1.. .. !I • i AND WHEREAS, The said Oswell T. Ellis has paid subsequent t axes on said property to the 1ti County amount of Thirty one Dollars and Sixty-five cents; reby i el edFreent AND IIIEREA5, More than three years have elapsed since the date of the said sale and the i O rived said property has not been redeemed therefrom as provided by law; �I e •i AND WHEREAS, All the provisions of the statutes prescribing prerequisites to obtaining tax . 1599 deeds have been fully complied with, and are now of record, and filed in the office of the ,j CNnty Treasurer of said County; I t7j I NOW THEREFORE, I, P. W. Allen Treasurer of the County aforesaid, tar and in consideration II of the sum of Forty—four Dollars and fifty—two cents to the Treasurer paid as aforesaid . and by virtue of the 'statute in such case made and provided, have granted, bargained and acid, and Clerk. - by these presents do grant, bargain and sell the above and foregoing described real estate unto .: the said Oswell T. Ellis, his heirs and assigns, forever, subject to all the rights Of redemption by minors, insane persons or idiots, provided by law. II • IN WITNESS WHEREOF, I, P. W. Allen Treasurer as aforesaid, by virtue of the µ , s'vT authority aforesaid, have hereunto set my hand and seal this eighth day of cf.-1 April A. D. 1910 . y �"T �;; P. W. Allen, Treasurer. roam • • e_ STATE OF COLORADO ) )SS ' COUNTY OF WELD ) ��; I, Jams B. Phillips a Notary Public in and for said County, do hereby 4ltl certify that before me persorvally appeared the'above named P. W. Allen Treasurer of said County , persornlly known to me to be the Treasurer of said County, at the date of the execution lc: of the above conveyance, and to be the identical person whose tame is affixed to the foregoing I IL deed, and who executed the above conveyance as Treasurer of the said County and who acknowledged the execution of the same to be his voluntary act and deed as Treasurer of said County, for the purposes therein expressed. � �" / _ Given under my band and Notarial seal this eighth day of April A. D. 1910. �a 'lb. a , (5g); /, My commission expires January 14th, 1914. . NOTARY t' `i' PUBLIC.\A James, B. Phillips. Nota Ey I` F" Public. sr due • No' 154100. - Filed for record at 10:25 o'clock A. M., April 9, 1910. say • A. J. Luther, Recorder. ad ;con By G. W. Weber, Deputy. WARRANTY DEED . . THIS DEED, Made this 5th day of April in the year of our Lord one thousand nine hundred and ten between THE GrLCREST TOWNSITE COIeANY a Corporation o_ the Townjof Gilcrest, County �- of Weld, State of Colorado, party of the first part, and Claude I. Henline and Lulu Pearl Hemline • Dollars, of Gilcrest, County of Weld State of COlorado, party of the second part. W*_TNESSETB, That the se.id party of the first part, for and in consideration of the sum of [ ' a. One thousand Dollars receipt of which is hereby acknowledged, doth, subjects however, to,thela r: at exceptions, reservations, covenants and conditions hereinafter written, hereby grant, bargain, sell 4 and convey unto the acid party of the second part, their heirs and assigns forever, all of the [ y following described lots, situate, lying and Doing in the Toam of Gllorest, County of Weld, Fri State of Colorado, towit: I'LUgBi> s 3,:; All of Block thirty eight (3,3) including Lots One (1) and Two (2) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or a in any way appertaining, and the reversion and reversion., reminder end remainders, rents, issues —_ ado; and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of.the _ said party of the first part, either in law or equity, of, in and to the above bargained,premises.- with the heredltaments and appurtenances, subject however, to the covenants and conditions that -*lit .FIp this deed of conveynma shall not in any man rwr wha tees ver apply to any em1, oil or pas that may :iii - ��: L 7: be Underneath the surface of the land herein described, but that the coal, oil and jag shall be Ili F the exclusive property of the grantor herein, its assigns or less-ees, and said grantor its r: I; assigns or lessees, shall have such right of way and grourds, free of cost, as shall be neceoeery iffi l� 1,+� � ' for the proper working of any tail mine that may be developed upon aid premises, and for the i I )' transportation of the coal tram the same, and the development of any gas or oil upon said - '."I Ilif ,: F p: premises; and subject to the colivemnt and condition that no alcoholic liquor of any kind or ; it l description shall be sold or given away upon said premises above described and the sale or gift of ti1I:�;`(teil . said alcoholic liqu or upon said premises snail thereupon immediately cruse a reversion of the : 41r1.,11 9j title of slid property to the grantor. l lilt:. .1.lt w.;. Y P ( , TO HAVE AND TO HOLD, Subject to the said exceptions, reservations and covenants and conditions, • •11,;Ii.I)? It i the said premises above bartzined and described, with nil the rights and urternncee thereto .1,3 r:' : - belonging'unto the saidfop 11 F nt' party of the second ptrt their hairs and assigns forever. And the said 1i'i 'ilfte The Gilcrest Townsite Company party of the first part, for its self its ouccesson5 executors and a0 p: F a ndmi nisimto rs, doth oovem nt, grant, bargain and agree to and with the said pnr,ty of the second �, i IHl Y w part their hairs and ma signs, tintat the time of the ensenling and delivery of"these prerente are �t, ,[f • well seised of the._ premises above conveyed,'as of good, sure, perfect, absolute and indefeasible i:I( :;II(PI estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority I Ill I to grant, bargain, sell and convey the same in manner and form aforesaid, and tint the same are I' !''; . free And clear from all former and other grants, bargains, sales , taxes, assessments and Ilrl�l4.j . incumbrnnces of whatever kind or mture eaever and the above berpnirald premises, in the quiet and r . , peaceable possession of the said party of the second part, their heirs and assigns, against all .. itII,.,:s t • and every person or pe rsons'lawful'_y claiming or to claim the tole or any part thereof, the said t.:,' ' party of the first part shall and will 'WARRANT AND FORe:VF.R DEFEND. :I`II,; ill;ll " EXCEPTING — II i, ti i 'I'I! t I IN WITNESS WRE'IF.OF, The said party of the first part has hereunto set its hand and seal the HP, day and year first above written . I Mk (Hit' w 111I. E :" In the pre serve of I II I ' I ' THE GUICREST TCWNSITE CO. 1 r. iill 1f ,• �.a W. K. GIlcrest, Pres. (SEAL) ` j : o F.. W. Gilcrest , Secy (SEAL) C ilIii i , STATE OF COLORADO ) � AFp ill jSc I 1 11 H I, COUNTY OF WFD ) FtI.. I, Rufus R. lb. 'Keller Notary Public , in and for the said Weld County, in the State aforesaid, do hereby certify that 'W. K. Gilcrest 4: F.. W. Gilcrest Pres and Secy I ; I� I ::: p THE GILCREST TOWNSITF. CO. who are nersomlly known to me to be the person whose names are subscribed j II F : in the foregoing Deed, appeared before me this day in person, and acknowledged that they signed, ( r sealed and delivered the said instrument of writing as the. free and voluntary act of - Ip THE GILCREST TOWNSITE CO. for the uses and purposes therein set forth. III I, r { . . i Given under my hand and Notarial Seal se±1, this 5th day of April A. D. 1910, I III I I \ Ny comri salon expires Oct. 22, 1913. III 1 i' NOTARY I ��rt ''. . .t PU HL{C. Rufus H. P. Keller, • Olt 6 '� Notary Public, i EI' . � L,. � ! I ,-_I, Ijii . ./ C Filed for record at 4:05 o'clock April 9, 1910 , III( {F5 hP Lill Yf A. J. Luther, Recorder. `i Pr Hy G. Yl. Deputy. I r :U_(:^.!',07Y -CariCGC(X%,00X�f'•xccCcl.:IXX%X;cC(. ..c ynz/,:G .LYl.C�CG:cccccc c l9ltcj xa Weber'r �xm: hil,Tif. o ; - , r `f_ i RELEASE OF DEED Or TRUST . 1 b ; aC[°: h ? KNOW Alt MEN BY THESE PRESENTS; That whereas Lawrence H. Purcell of the City and County • [{{' oP Denver, in the State of Colorado, by his certain DEED OF TRUST, dated the Fourth day of tit : i Fe —Ifs ry A. D. 1909, filed for record in the office of the County Clerk and Recorder of the I y County of Weld, in the State of Colorado, on the Fourth day of June A. D. 1909 d'. G in book 302 of the records in se..id on,ra 9 9, and duly li, at Cola 2i3, conveyed t° the u , recorded _..I i Trustee of. the Csurty of Weld in the State nders_gned'as Pu➢1!e n a .. des e _ °t CEllr_]o, as tvatea certain a>.a 'estate , la 9 -_ �' .,.. is score to Ells G. 3sn __ sr,+s _s a oat. .t ., tr ' L i to RAND D.bSoo�e t the en said d.e Ella G. Hallant!ne has^etrah__e-red all her right a•.d interest aof _cans IIg I __ _ N. Felkner. ? '.. :aid Lertrence i:, Purcell has paid arc :fully r. ,L3I... • •aith aaa 1 erect and charges thereon, according to its tenor; y satisfied said note, togat.`.er ";'ea - HF-3 �*arm dk. {F t,z, r r �c..u�...+.....n....e•..r<r•.. .^..r��....^.....�...... ..c x.u.. ..T_._..- 1 'b" tutu fTATF OP COLORADO(' ) ee. CITY it COUNTY or roma ) - I, Walter A Peterson a Notary Publio in and for said City & County, > ? inithe State aforesaid, do hereby oertify that F.L.Alexander ... Ny P.BITSLeworth who are rnrennally known to ion taint' the noon parsons whose names are eubuarihnd to the annexed instrument. In .... writing as having executed the'bete respectively an prenident ';',-.4.',.,.- altd eeonetary of The Weld County Investment Company a ' corporation, and who are known to so to be auoh offloar_ respeotivaly, appeared before me this day in person, and severally acknowledged: That the anal affixed'to the foregoing instrument is the corporate ' - seal of sold oorporatlon; that the oaten was thernunta affixed by rwY. the authority of said corporation; that cold inntrument wan by like Ir a authority aubeuribod with Ito oarpornta name; that the said F.L. r" ' ' i--.47,"; � ' ' Alexander la the Crenfdnnt of said oorporation, and the acid 'kftr'` -, R'^ .'f P•C.Titaworth in the Denrntary thereof; that by the authority of `refit r' ` . \ said corporation they renpnotivnly aubaoribod their name thereto ne I it * 4i / r 1 pranldont and neorntary, and that thoy nignnd, pealed Ind i t .,. 7 delivered the said instrument at writing an their free and voluntary II .'. z• ¢, sot and deed, and as the free and voluntary ant and deed of said fI�' g, 1nnn th ldxt enrpnration, for the nano end purpnane therein not forth. 7ft r?� (liven under my hand unit Notarial anal, thin 12th day or ,rune, i` A.D. 1916 • "( My nom:elation expires Juno 21at, 1919. Walter A.Paterson n rr soz w ..1 Notary Public l: l,v . • , e.,rArfn 'MITII AMO .R...r ; iled2fo4. 11ed far reoard oc 1 n'olook P.M., June 16, 1916, W H Delbridge Deputy. t'I'dPls P . . d tot PH /,,.M..A0AAhAMd.bPJ.bhhfothMM147.hhhhl. WIMANP.Wi'1d.AhhbAhleiW .M.hLAAhhhhhAhho ldAhA:tb,..l,rhrh Yu 474 W A I? R A N T 'f I) E E D. - 'pit:':' : A' . 4 I' {T 'I'll III n4kb, Made thin 17th day or May, In the year of our torrl non thouulnvl ninn huml red iHIP:' •i and nil.boon, hetwnnn The wn td County Tnvnn tmnnt Company....of. the Town of IIIin rent., ..x County of "frid, 1:t.atn of cnioradn, party of the flrot part, and Dnoar ❑untavnon of iniornnl., i !IC':'^. ---'- County or Mn Id I'tatn of Coinrarin , party of tho nnnnnd part. p ' illt ol'Illl. 'Ii.11l, mai I1w mtII party or the ^l rnl part, for roil In m neldorulIln or Iln minn or illra /?rc 'I'woaly-rrn r Hundred Ilnl.l,u'e... ..rnnolnt of wllloh In forting nolnowbndp,n,1, d, rh, ena.I melt IIii .l �c 7 , ho+n or to the oxorptloan, r,nnrv,J,l ula, novonuttt and nnnrll tlonn hnrolunf,nr writ Inn, h.nohy 7 ' to �i, h,lpnln, ell and nmlv,y in the maid tarty of the nnnnnd earl., hill hot- aryl all ritrnynr. all nr tin roilrwl p, Inner II.. I Iola, filmto, Iy11L old nnin1; In tha burn 111 . ,, i . i. 1111 LI .:1.n.l.n n , rivin, lu..w 11.1 i I n In� I 1111 t,.Illf .v , - - 11,•- r,. e: lnn t�l er'I, I, I ., dwe ..,Iril ..-,striae 1 Vk, ., Lt. Ir t n_. of th,r in Inv or ;n oi to i.n. .. . . .n:SC' r 1 t run ,,•mull tar _ no ._ _ .. • s, t rv. ,{, , a"5CJ6.,.. tw3:N.E,�`§3' y`"id��..tf� w'•yn :-+'6 ,, Sa>thir earsnant and oond2tiaa Shs,LYnetaloohori iq or, ..aay�ror a •n , 3"'" p son told ter g1,vata sea3mtasaidyy , „-. ' atrava3dasoribedr 7k(d..tha}. °" i 'a' diglf't rot said aldobo 10 f'qup open-aai ' reesa 1h`EY� 1l�ere''"ip"ori xYmmedyate " • _ Lytanae a reverafen of the; title of said property to the grantor .,,• lY r5 '^t.,• ' 1 )• L5.- , ..--rim.' HAV6:AWD TD HOLD, SubJeOCts the laid ezaeptione, reseptlijYbns gad oovenanta !< IF .n -atr eoadltiona, that said premises..above bargained and described�-frith all the Mghta t -;'-g.-;:4 "rein appurtenanoee thereto belonging unto the said party,of the seeond part;.it_e heirs • t• ! '- , .and assigns forever. And the said....The-Weld County:Investment Chepany....party of the 4 i i;, hi + first; part,,fey,itself its keirs, ezeoutora:md administrators, does covenant, rant the " f L.-; ::.bargain and agree to end with the said party of the eeoand part, his heirs and assigns and } IF •L1ut.et. Lhe time of Lhe enaealing and delivery of these'presenta •it 1s well Seized of ' Eta r the premises above oonveyed, as of good, sure, perfect, absolute and Indefeasible estate rev .of inheritance, in law, In fee simple, and.has good. right, full power and lawful Sn authority. to grant, bargain, sell and convey the same in manner and form aforesaid, and ch• II that the same are free and oleer from all former and other grants, bargains, sales, Dec taxes, assessments and incumbranoes of whatever kind or nature soever,..I.....and the • above bargained pnmisee, In the quiet and peaceable possession of the said party of the ir second part, his heirs and assigns, against all and every person 6r persons lawfully es? 1 planing or to olaim the whole or any part thereof, the said party of the first part shall and will Warrant end Forever Defend. • • $$ in 1� Excepting the east 108.9 feet of lot one in block 4 lv 0 deeded to .H•Giloreet and Do 1r.IN WITNESS WHEREOF, The said party of the first part has hereunto set Its hand...and ) g[ seal..the day and year first above written. =, olr el- B. In the presence of il se r, 2 fig' The Weld County Investment Co. (SEAL.) i°' Attest • • P 8 Tltswarth By E.L-Alexander Preet. No (SEAL.) cF t;f file rnLary. th N//c h, fit ;4 !sl SEA1. o.,. p\ rcAl i �� h'=T1 SKI STATE OF COLORADO, ) 1 ' 1f ) an. "1 5th CITY & coonOF'DENVER ) { 41 'ia '?I, Walter A.Peterson a Notary Public in and for said City and County, in C f the State aforesaid, do hereby oortlfy that E.L.Alaxander and F.S. h Titeworth •who are personally known to me to be .the. same persons •,.--J 1.1 whose names are aubsoribed to the annexed instrument in writing ae "" having executed the same respectively as....president and secretary i' of The Weld County Investment Company known to me to be such offloors reepeotivelyaoappearednbefore, andwmeho this ;NI y day in oerson, � of and severally as knawledgod: That the seal affixed to• ;4 cbe :oregoing instrument Is the corporate sealf said corporation; ▪J that the same was thereunto affixed by the authority of said corporation; i that said instrument wys by like authority eubao Abed with its corporate name; that the said E.L.Alexander is the....president of 7. tjII �9 q�\ sold uorporntlon, and the said F.S.T!tawarth is the secretary thereof; t] �,^' 10 \ h by the authority of said corporation ▪' ' I,d their names the rate m and they respectively that the ribed president and secretary, and they 5 ; jet �� I� signed, coaled and delivered the said instrument of writingtotheir „ :,'..1 free and voluntary oat and deed, and as the free and voluntary not and f�, \fie . ,-41, r deed of fvsaid oorparacion, for the uses and u .. .n _ 1 under my hand and Notarial seal,p this s2nd•,day o Jut fo At D. ' : ii' 1916 a5' of June, A.D. -- { 'I._ lay aataiseion o:rlros .rune 2121, 1919, f 'Walter A Peterson. �' ,,, Notary Publla. No. 232995. co...... -•.nv.xo wm 4 C Filed for record nt 1 o'clock P.t.., June 16, 1916, _ — Fri�gg • - P. Snook Recorder. s F3tl hh�atal_-L-L.12 97 H DelbriGae deputy. aM _ ,p IliL: d,-.i�,,_� I<LLlhlnFL'<]11.3h1r.!<hhGlt,}h�l.hhh!<+<! r r, _ hhhFl.!<hl..VaJ h/.hhhMn4hf:dd< :i` 1. 1: : _ s loo( ' ' ' - Ed I{{� pjo1fl ED•ALAAY3, and these presents are upon the express condition aaesalread7`or whldh 7� ,z oil or all other valuable u ea neeraltdepositezcepoted bT theafirsst parties hereto, together:with ' : i I . • hereafter be fDent, [. . - the right of underground aceese thereto, asd with full right to mine, remove and appropriate theissme•without.any.liability to the owner or n miningt or the awise. 'for damages soused by the sinking of the surface from,negligence 2n mining or otherwise. Y - f .. And the said parties of..the..flreL pert; for Lhso. to.add. their heisaid party of and 1 administrators, do covenant, grant, bargain end agr ea. to.and•wllh the aald party of the i' ": ( ascot part, his heirs and sssi @ie, that at the time of the anseellag and delivery of Lhasa presents theeare well seized of,Ehe premises above conveyed, al of good, auto, Pe1'fact, : - 1 absolute and indefeasible estate of inheritance in law, In fee simple, and have good right, full power and lawful authority to pant, bargain, sell and convey the same in manner and '• form afurssald and that the same are free end clear from all former and other grants, bar :. - gains, sales liens, taxes, assessments and Sncumbrances of whatever kind or nature °sever, '' • and subject to the above reservations and conditions the above bargained premises 1n the quiet and peaceable possession of the said party of the second part, his heirs and assigns tagainst hereof,atheand every said partieeson or of thepf(i��rstspartfully shalla and willor to WARRANT°im ANDLhe whole or any FOREVER DETIMgD• pa rt :nd seals by their inaid factrrties of aforesaid,btheirst day andtyear efirst above set written.hands r VADD CLARK REYNOLDS, (SEAL) -: �� VARY CLARK STEELE, (SEAL) 'e y.f.RP'EMVC •�"'°^• " nwcaeo PEARL CLARK TERIFT, (PEAL) efory l e I _ArniA. .14 ..... By A G Reynolds (SEAL) > s - �� Their Attorney in Fact. a c + 1 STAIR OF California, O t 1 se. I 4 ' County of Los Angeles, ) w Z • 1, Frances E. Comfort, a Notary, Public in and for said County, in i the State aforesaid, do hereby certify that A. G. Reynolds, who is - 8 I - personally known to me to'be the person whose name is subscribed as 3 t , attorney in fact for !loud Clark Reynolds and Vary Clark Steele and p 3 Pearl Clark Thrift respectively, aforesaid, to the foregoing deed, ) and to be such attorney in fact appeared before me this day In per- t,- - • C - son and acknowledged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act, and as the free c:,., ., I iy_. :- . ! _ �? and voluntary act of each of said Persona for Lhe uses and purposesI �., therein set forth.GIVEN under my hand and seal this 6th day of April, A. D. 1510.'' By Commission expires December Seth 1521. I 'V Frances E. Comfort - { r Notary Public. * :! s Notary Public in, and for the County �� I I ' of Los Angeles, State of California. _ . I No. 274759 .,..:.a.in,,.,..,,0...r..ene. i Filed for record at o o'clock A. V. May 13 1910 J E Sn• ok Recorder i. li 4 1 r ;6 n,p 4-45g,...• 75.51 ;w5rs..r>S-t fry mz r a ax,!e.rnr.,77,il.,..ryMn.,�r5,5irtr r->r>Q,4•nv,7t°' K$ -w•n.1' r.vr r,t.••-n- -rNN n9J•i;a n , n 6•,'N,•, vvI`�'�, 1 ? I I ' WARRANTY D E ED i. I MIR DEED, Made this 07th day of April, in the year of our Lir1 one thousand nine hundred I: l: end eighteen, between THE WELD COUNTY INVESTRENT COMPANY of the Town of Gil- cren'., County of 7c ld, State of Colorado, party of the first af. part, and W. K. GILCREST I of C1lcrest, County of Weld-State of Colorado,&party of the se•one part. F` I WIT:itPETR, That the said party of the first part, for and c"s derntlan of the I sum of FIVE HUNDRED DOLLARS receipt of which is hereby acknowledged doth, subject, _ hm'rever to the exceptions, reservations, covenants and conditions hereinafter written, 11 hereby grant, bargain, sell and convey unto the anid party of the second part, his heirs l', and assigns, forever, all of the following described lot, situate, lying and being in the Town of G_1crEst, County of Weld, State of Colorado, to-wit: k Lk� - all of block sixteen as shown by a ev!.ed map of the Town of Gilcrest, -a , II ;; 'Feld County, Colo., on file in the County Clerk and Recorder in the Court House in Greeley, Colo. together with one-half share of the canital stock of The Farmers Ind. Ditch Co. together with all and singular the hereditmmcn a and appurtenances thereunto belonging, or inea t:7 Le any and appertaining,oti re and the ''reversion and :right, 4i re:minder inter and clai!nands, manta, hau oo and of then thereof; not all the estate, either nt In, Interest, claim and demand • y. , _ w;-ntao ev er of the paid potty of the ';rat pert •L th er in Inc or equl:;, or, in and to the a, - ' R shove bargained premises, with the h•sed'taments and appurtenances, subject, ho.:eve:, to ti- covenants and conditions that t' is deed of conveyance shall not in any manner whatsoever apply to any coal, oil or gas that ray be underneath the surface of the land herein. deo- n` cribed, but that the coal, ail and gas shall be the exclusive property of the cantor herein. ' - its assigns or lessees, and said &Tanta' its assigns or lessees, shall have such right of - way and grounds, tree of cost, es shall be necessary for the proper working of any coal mine 4 . n i<�,- . - _ _� fret that may be developed upon said premises, and for the t=�SessEation ead subject the costa ooh' r 3 - s. aame,. and the development of any gas or oil rayon said pr ��e��raasa,, S, .. rl . and o condition that no ve,descri.ed, ad of enylef.d es S description. Sid- al holie llgaor"(aywne ... _te reen said premises above d mediatett add the orsalve giertyet`o t tie premises shall thereupon i�edistal cause lraveralo ofthe title. of ea3d prop, �, . �,.. �._ grantor. _.• '..' . £ s < TO HAVE AND TO HOLD,Sub• ject to the said exceptions, reservations and covenants affi ootidi _r o _ tune, the said.premtoe the saidbpartyne ed and described, soctndbparrtwith hisall heirthe andrights sigea ftreevtearmnce ,..L .cam thereto belonging t ' for. ITHself and its.heirs, ,x- Mry se the said THE WELD COUNTY INVF.S COMPANY Party of the first' 'apart, and With the eT executors ed•administrators, does covet—rani , grant,that bargain the°nd time�of the. ensealing and delivery y, a•: party of the second t part, his heirs fie assigns, a sot of these ardsinds easi_lell seized of the premises slave, iconveyed,.n fee pl simples,and h earo, P right,. ' ci — fulllpoe and awul indefeasible estate of inheritance,ain,in lawWand oonve he same $m.manner and form `. aforesaid, power i , and lawful authority to grant, bargain, aforesaid, and that the same are free and clear from all former and other grants, bargains, s14 sales, taxes, assessments and inoumbrances of whatever kind or possess n evetheeaid.party of the } - and the above'bargained premises, in the quiet and peaceable second part, his heirs and assigns, against all and every person or params lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will ! Warrant and Forever Defend. Excepting - IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal•the day and year first above written. In the presence at Seal.) ! The Weld County Investment Co. (• 'j ti Attest. .:•' i F. S. Titsworth 3 �` By E. L. Alexander Preet. AjlA I; Secretary �� '> • ). D ,T 55 I in { ' e+, /• /6. .�I isle. ISTATE OF COLORADO, ] �� " City Ix COMITY OF Denver S I, Walter A. Peterson a Notary Public in and for said City & County, e . p: j in the State aforesaid, do hereby certify that E. L. Alexander and F• S. , . Titaworth who are personally known to me to be the same personosnahes ( are subscribed to the annexed instrument in writing fie having executed same respectively es president and secretary of The Weld County Invest- s mont Company a corporation, and who are known to ato on bee such officers respectively, appeared before me this day in person, ries- ( ledged: That the seal affixed to the foregoing instrument is the corporate f seal of said corporation; that the same was thereunto affixed by the auth- ority of said corporation; that said instrument was by like authority sub- y, T. . scribed with Ste corporate name; that the said E. L. Alexander is the ';, Ie 9S A9 president of said corporation, and the said F. S. Titsworth is, the secretary ,hF li = y4 thereof; that by the authority of said corporation they. respectively sub- li scribed their names thereto as presiden : and secretary, and that they ,4 J chi, � i signed, sealed and del ivered the said instrurent of writing as their free ,tili� ii �47 end voluntary act anddeed, and as the free a.:d voluntary act end deed of 11 '�tg--t said corporation, for the uses and purposes ;herein set forth. Vitt: _ 1 ‘r.‘,/i, 1 Given under my hand and Notarial seal, this 27th. day of April, A. D. ill i(; 1917. •I�F '. • 3.. i. L'y commission expires June21st., 1919- ei :'; I' Walter A. Peterson 9!?- dill N.-tart' Public. 1-�'" IY No. 274769 e• �n .'use.-mean••.® Recorder t �- Filed for record at9 o'clock A. U., Nay 13 1910 J E Spook .aria.. - y J yG.r� r rC.r,+.�./ .. eyed red r,.�dC g,S • Il y M I T - C L A I N DEED THIS DEEC, ;;ado this 13th day of lay, In 6h^ year a.^ ou: Lord One Thousand Nine Hundred _s...'. end elghtaen, bet'ween County of Weld, State of Coloraco, a body corporate and politic, organ iaR Sz ed and e:cioting under and by virtue of the laws of the Ste'.e of Colorado, by J. W. Dirkle, cr its duly appointed Commissioner to sell and convey the hereinafter described real estate belong— _ Sub to said County, of :ho first part, and,Samuel P. Cram et', of the County of Weld and State or Colorado, of the second part, le ire WIT';SSETF, That said party of t .c first part, for and in consideration of the sum of Ono al o Dollar (31) and other valuable conoiterationa to the said party of the first part in band c -- paid by the said party of the oeeond part, the receipt whereof is hereby confessed end acknow—, !edged, has remised, released, sold, conveyed and quitclaimed, and by these presents does remise, . release, sell, convey and quitclaim unto the party of the second part, has heirs and aeaigne PRODUCER'S IS-F1403 OIL AND GAS LEASE nrie.u; PAID W °Ree.1917' (wv*mine) ,R2224799 • mis AGREEMENTb made and entered into as only d Std CD.d October ,I9—.by and between the Wowing penes: — -LaSSOR : Patricia Ann Van Hare,a widow (whether one or morel 14486 WCR 42 Platte'ille,CO 80651 ^LEssEE": Conquest OO Company 3400 W. 16th Street,Suite 6L Greeley,CO 80631 The said land included this lease is situated m the County of Weld .Stite«_ Colorado .and.is described as = allows.so-wit. _. Township 4 North,Ranee 66 West,6th P.M. Section 28: Block 39,Town of Glint,including all adjacent streets and alleys See Exhibit A attached hereto and made a pan hereof. -- The mid land contains 7'00 ants of land.mum or less.and includes all oil and gar underlying bkm.streams.roads,easements and righuabvway - wiudb traverse or adjoin aid land:and include all lands owned or claimed by Lcss,r as a part of any tract above described.This lease shall over all the intern in said Land now owned by or hereafter vested in Lessor.Fix the p pose of calculating any payments based on avenge.Lnsec,at Lessees opion.may a as if said tend eat its amnion-cc parcels cebain the acreage above sated.whether they=many co=in mot or less. Subject to the ether provisions herein contained.this lease shall remain in force for a period of tWO _years from the date berm(.did"primary wag'.as so la%t,dsevafcr r oil or pa is prMxvl nom said Lad henWcr or lave'o=prat in Wining or ranting goer-one°mid land hvomnias hers grander:. Each of the covenants,terms and provisions contained oil the reverse side of this page is incorporated herein by this reference. IN WITNESS WHEREOF.this uutrranene is executed as of the date first above wriorn. Patricia Ann Van Hare Svc Sec No. gar - -sot y or Tat l.D No. STATE OF Colorado Weld J1 u. ACKNOWLEDGMENT FOR INDIVIDUAL OF •• .•Tug swim aoirane irom truem was aeknowldgen belerc me this (! day of_ iW.vtoT . lac IttU hikiflpatADM Van Hare - 9 + r to r.•'.v kisddffbcial sal. 'art.:pgL i�&ye:p��s: , Notary Public CATEOUN OF ACKNOWLEDGMENT OF ss. AiK30WOGME FOR CORPORATION The within and foregoing instrument was acknowled d before me ibis _day of_ .19 by. as_ T.nidme of a cars-- — -.on snuff of u:d=rr onion. witness my hard and official so!. My commission opmcs:_ _- SKLD WW 10 .0 .0 .201 WE 2229799-1990 . 001 Nervy Public The following covenants, terms and provisions are an integral part of this lease. w I.tar.for ad in muidealion ofthe soon aTea Dollars.in hand paid.of the myalda herein provided.and of the apes eta of Lass bath mnuina.hereby gams dates.loss and lets massively unto Lessee the land herein described.for the purpose of investigating.coloring and drilling for.podue1ag.Being,sling, owging.banspmtirng.Mating.handling cad easing oil and pa.together with all ricks,privileges and manmo.useful(or Lessee's opt adoot hereunder on ma land and on lands ie the sane field.including but not fmiad to the following rights:to by pipe(neat to build mods:and to construct mit.pstpwwbpmwr sodas.power ad earmmbdam line,and other structures and halides The phrase"oi and pan".a used in this lase,shall embrace all h)drearbms,a wok as tuba sob ea produced therewith. 2.kookies n he paid Lessor are:talon oil.one-eighth(UM of that produced and saved from mid land,to be delivered at the wells or re the credit of Lesser into the pipe bee to which the wells may be reenacted.Lessee tray from time to time purchase any rophy ad,(*g therefor the rocket value in the field where produced on the day is is run to the pipe line or serge elks:Ib)oo pa.Melodic;athglnod gas or mac psems mtearce.prod iced from said land and sold or used off the prelims the males value at the well of oneeigbm(M)of the pa so sold or used.provided that on pi sold at the wen the royalty shall be mdgth flee)of the seas realized from=eh seta.(a on other anbsarces produced with oil a gas.and covered by this last one-eighth(V1)of their.ale Sr the well.Valor/ rime oil and/or gee foam a well Capable a producing of andlor gas is oar being sold or used off the poises.and this lase is not being mhetwise maintained u Poll (mite and areas.Lathe shall pay or tender se Lessor,as royalty,the sum of One Dollar ISI.00)pa acre pa year on the wrap then held by Lane here der,the tux each payment or ender to be made on or before the anniversary dale of this lase nut ensuing after the aphelion of 90 days after the dale such well et she in and sl eglun payments or laden to be made on or berme the aerdoersuy dare of this Ieac povidok however.that if oil or gas from any suds well is sold or used off the premise before the applicable anniversary date of this lease(even i(suds veil is apes shut in before such dale),Wife,Seen dale this lase is being tnsinni.:d in fore ad aka other than by reason of such shut in well.Lessee shall not be obligated to Foy or fender,on or berme the partials:aanivasasy dale,said sum as shut in royalty.If Suds pyrites or fender is mode,it will be cowsideed that oil and/or gas,as Makable.is being produced within the meaning of this lines During such lime Lase may franc the pumping unit.rods.tubing and other equipment from the well or wells for use c!,ewbere in Lessee's business.corm Lem with dI applieable lam.rules and regaWiom.Lessee nay use.free of royalty.oil.ps and water pretend from said bed by Lessee(Cr all operand hereunder. 1 This is a PAID-UP LEASE.In consideration of the cash paynient herewith.Lessor ogres tsar Lessee shell net be obligated,accept as otherwise provided bean. _. an commesa or=Mlnee any aerations during the primary tens.Lathe may at any time or time during or Mier the primary term soot this tae a m all or any pordm of said land and as to any stoma Or straam by delivering to Lessor or by Ming of record a'elaae or releases.and be relieved of all obligation Masher seeming s m the enrage surrendered. 4.If.attire animism of the primary icon a this lease,oil or ga is not being produced on the leased premises or on mama pools therewith but lase is rhea engaged a drilling.completing or reworking operations thereon.then this lease shall condone in force so long s°paradom are being eoaiouourly pmsnved en the leased premises or On wage pooled therewith:and operaliom shall be considered to be mndauaudy prosecuted afoot more than nivery(90)drys shall elapse Cowan the corapkdon or abandonment of one well and the beginning of opaalions(or the drilling as suidequem well.If alter discovery of oil or gas on slid lard or on shoos pooled therewith,the production thereof should caw from ay cause attar the primary ram.this lease shall not tamale if Lase commences additional drilfng or reworking opentions within ninety 190)days from date of cessation of production or from date of completion adry bole.If oil or Fps shall be direovered and pranced as a taule of such operations at or after the=eiradot.of the primary term of this lose.this lost shall continua in force so long as oil or pis is paused ham the leased premises or image pooled therewith. Lase shall pay for or repair drops caused by lessee's operations to growing crops.buildings.irrigation ditches,ctavea and faces.If reamed by Lessor. Lowe will bun pipe lam below ordinary pow depth when crossing tultinn!land.No welt shall be drilled within two hundred(200)feet of any residence or barn now on said and without the consent of Lessor. Lessee shall Pm the right at any time to remove all Lessee's remove all Casing Nn default of Lamm M.mander with respect to ay well or portion of said land shall i Lsp pm perry a1 Mauro.i to an the rigs m dm and of mid land.Lessee may inject`ester.gas or otter substances intosaid impair respect may other wet a portion any rarore stratum underlying Ind and not productive.,(fresh wren. 6 The rights of Lessor and lessee hemus,dcr may be assigned in whole or in pat No change in ownership of Lessor's intern(by assitor:mu or otherwise)shall be b:m::ng on Lessee until Lessee has been furnished with notice.consisting of certified copies a all recorded instruments or don m sta and other infornadon neassay to establish a complete lain of record tide from Lahr and then only wish specs m pymenu thereafter made.No other kind of notice whoha octal or conm«dve. shall be binding on Lessee and Lessee may continue m make payments precisely as if no change had occurred.No proem or future division of L error's ownership as to different portion or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and Levee's operations troy be conducted withour regard On any such division. If all or any part of the Less.-es ir.:ereu hereunder shall be assigned.oo las:bold owner shall be liable for any act or omission of any other leasehold owner. 7.Whenever.as a result of any aim beyond lessee's control(such as fire.(loath adverse field or washer eaditions.windstorm or other Act of Cad:law,order or regulation of any gavernmensl agency:or inability to secure men,material or tnnsportadom.Lase is prevented(mre complying with any provision of this lase. Ln'ee shall not be liable ler danssga or forfeiture of this lose,in whole or in pan.and Lessee's obligations hereunder shell be smoeeded so long as suck case persists. L Lose may as any time or tines pool or unitize this lose and the lands covered hob),in whole or in pan.or as to any xrom or strata.with other lands and loses in the same food.so as so constitute a unit or units.whets—me in Lessee's judgement required m promote or encourage the conseration of moire taourra by facilitating an orderly or unilm well spacing parr:a cycling,preasuremaimasnce.re-pressuring or secondary recovery pragean:or any coapentive or tail plan of development or nth-ninon approved by the Secretary of the homier of the United Sacs.The sir of any aids unit may be acseasol by including xsage believed to be productive.and decreased by acludirg acreage believed is be o.nprduceive.or the owners of which doll or refuse to join the unit but any inmost ur Imam in Lessor's royalties resulting from any ash change in any such unit shall not be mmactive.Any such one may be aabl'ahed,enlarged.or diminished.and.in the absence of production therefrom.may be abolished and dissolved.aft-filing for roam a declaration of pooling or unielation describing the lands and kr:n nations so pooled or unitized.Drilling or reworking operations upon or prde;s:on a oil or gas from any part of such unit shall be wool and er.nsidexd.for all purposes of this lease,as such mperanions upon or such production fron this Its.;,Le.tie shall alloase in the portion of this lase included in any such unit a fraaioai past of all production horn any pan of such son.on one of the following hn-R:(:1 the ratio bow=the pardapadag wage in this lose included in such unit aN the total of all panicipacing acreage included in Such unity or(b)the moo ber"cen'he quantity of rxoaenble production underlying do portion of this lease incicaed in such unit and the runt of all recoverable production underlying such uni:ur fc:any other basis approved Sy State or Federal authorities having ju adim:on thereof.Upon - — production!nom any on a such unit Lessor heron shall be cmiiinr in tic royalties provided on this lease on the fractional part of the unit production so almoted :i,that portion of this lease included in such unit.and no mote. 9. - " '' ' The ropini:s herein above provided ass deeerreinol with respect to the=tire mineral est=in nil and gas and of Lessor owns a lesser:merest.the royalties to be paid Lessor shill b:reduced proportionately. Lessee:u is option may purchase or discharge in whole or in part any ea.mortgage or other lien upon said land.or may redeem the fame from any purchaser as any tan sale or adjudication.said shall he subtopem to the rights of de holder thereof. 10.This lease shall he binding upon all who eseeiaa it whether or nut they are tamed in the granting clause hereof and whether or not all patio named in the granting clause accuse this lease.All the provisions of this least shall inure So the benefit of and be binding upon the heirs,acutors,administrators.successors and assigns of lessor and Lessee. U. Lesv.:hereby wanes and release.all ngha under and by virtue of the homestead law of this store. • SKLD WW 10 . 0 . 0 . 201 WE 2229799-1930 . 002 • B 1278 REC O F 2144 MARY ANN 10/11/90 1S£EDEP.STEINCLER8 L REC0RDER WELD CO, CO• EMELTA in Oil and Gas Lase dated October 3. 1990, between PATRICIA ANN VAN HARE, as r, and CONQUEST OIL COMPANY,as lessee,covering Block 39,Town of Gloat,being a part the NW of Section 22.Township 4 North.Range 6fi West,Weld County,Colorado. This Exhibit is made a part of this lase as fully and completely as if the previsions herein were a part of the —. printed form. In the event of a conflict between the provisions hereof and those of the printed form, the provisions of this Exhibit shall prevail. 1. Al reference to royalty in this lease is changed to read seventeen percent(17%)instead of one-eighth (1/8th). 2. Prior to commencement of earth moving operations in connection with each well drilled on lands — owned by Lessor in the NW/NEi:of said Section 23,Lessee shall pay Lessor the sum of Two Thousand Five Hundred Dollars(32,500). Such payment shall constitute payment in full by J eve for all normal damages, =eluding damages to growing crops,awviated with the drilling,completion,operation and maintenance of such well. Normal damages include,but arc not limited to,construction of atlas roads,preparation and use =_ of the drillsite area,preparation and use of reserve pits,and construction,installation and maintenance of production equipment and facilities such as (towlines, gas pipelines, separators, tank batteries, and other = equipment or facilities nen-scary for the production,transportation and sale of oil and/or gas therefrom. A 1 1 If,as a result of Loss'e's operations,abnormal damages are suffered by the involved lands or personal V�� property thereon,such as damage to structures,fences,culverts and cement ditches,I eve shall promptly pay for or repair such damage. The 52,500 damage payment above described does not cover damage to growing crops,and Lessee shall promptly reimburse lessor for the fair market value of any growing crops on Lessee's lands in the NV/VNEV.of said Section 28 which are damaged by Lessee's operations. 3. Lessee agrees to consult with Lessor regarding access roads and production facilities such as tank batteries and separators. J ewe.agrees to place tank batteries and separators at a sate west of any well drilled in said NWVNEV..near an existing north/south farm road leading to an abandoned corral and,to the extent practical,shall place such equipment in accordance with the desires of Lessor. 4. Lessee shall install culverts as necessary to ensure proper drainage of irrigation end waste water. During drilling operations,provided there are no growing crops on Lessor's land in said NW V.*NEV,Less+'e may access the drillsite directly from Elm Street. Permanent aces roads to such drillsite,however,shall be constructed so as to run parallel with crop rows. J ess.•e agrees not to use more than two acres, excluding access road,for any drilsite area. 5. Upon written request of Lessor,J-csee shall fence the wellhead of any well drilled on Lessor's land in said NWVNE1/4 with a fence acceptable to Lessor,such as chain link, but Jew shall be permitted to construct the fence in such a manner as to enable Lessee to perform workover or other operations and to ensure the safety of personnel performing work in connection with such well. Signedd for identification, Patricia Ann Van Hare SELD WW 10 . 0 .0 . 201 WE 2229799-1990 .003 •• B 1322 SEC 02274488 01/08/92 10:14 $15.00 1/003 • * P 1004 MARY ANN PEOERSTEIN CLERIC ti RECORDER WELD CO, CO l AFFIDAVIT OF PRODUCTION • • STATE OF COLORADO ) )ss • COUNTY OF WELD WHEREAS,Robert H. Green as Successor Trustee of the Gamest Townsite Company, a dissolved Colorado corporation,Trust.as Lessor.dad on August 14,1990.execute and enter into an 00 and Gas Lease with Conquest Oil Company,as Lessee,which Oil and Gas Lease wasfora primary termed Two(2)Years from August 14,1990,and as long thereafter as e,1 or gas was produced from lands described in said lease. Said oil and gas lease,recorded in Rook 1273 at Reception No.2223692 of the Weld County records and covering the following described lands: Townshio 4 North,Range 66 West 6th P.M. Section 28: Ag of Bock 15,All of Block 38, Lets 10 through 13 of Back 50, Town of Giuoest,including all adjacent streets and alleys. WHEREAS, B. Timothy Sullivan, as Trustee of the Weld County Investment Company, a dissolved Colorado corporation,Trust,as Lessor,did on March 30, 1990,execute and enter into an Oa and Gas Lease with Conquest Oil Company,as Lessee,which Oa and Gas Lease was for a primary temp of Two 12)Years from March 30, 1990,and as long thereafter as oil or gas was produced from lands described in said lease. Said oil and gas lease,recorded in Book 1261 at Reception No.2211143 of the Weld County records and covering the following described lands: Township 4 North,Range 66 West.6th P.M. Section 28: Block 16,Town of Gikxest together with all vacated stream and alleys lying adjacent to or which abut said block. WHEREAS.Weld County Reorganized School District No.RE-1,formerly Weld County School District No.97,as Lessor,did on December 12,1990,execute and enter Into an Oil and Gas Lease with Conquest Oa Canpany.as Lessee,which Oa and Gas Lease was fora primary term of One(1)years from December 12. 1990,and as long thereafter as al w gas was produced from lands descnbed in said lease. Said oil and gas lease.recorded in Bock 1285 at Reception No.2236147 of the Weld County records and covering the following described lands: Township 4 North.Rance 66 West 6th P,M, Section 28: All of Block 17;toss 13 through 24,inclusive,of Block 13,Town of Gamest WHEREAS,William V.Stewart and Karen L Stewart as Lessors,did on September 6,1990,execute and enter into an Oil and Gas Lease with Conquest Oa Company,as Lessee,which Oil and Gas Lease was for a primary term of Two(2)years from September 6. 1990.and as long thereafter as oil or gas was produced from lands described in said lease. Said oil and gas lease,recorded In Book 1278 at Reception No.2229800 of the Weld Comm"records and covering the following described lands: Townshb 4 North.Ranee 66 West.6th P.M. Section 28: N2 of Lots 13 and 14,Block 36,Town of Gacrest according to the recorded amended plat thereof. WHEREAS,Juan Aguilar and Betty Aguilar,as Lessors,did on September 6, 1990.execute and enter into an Oa and Gas Lease with Conquest Oa Company,as Lessee,which Oil and Gas Lease was for a primary mm of Two(2)years from September 6. 1990.and as long thereafter as oil or gas was produced from lands described in said tease. Said oil and gas lease,recorded in Book 1283 at Reception No.2234234 of the Weld County records and covering the following described lands: Township 4 North. Range 66 West 6th P.M. Section 28: $12 of Lots 13 and 14,Block 36,Town of Gaaest,according to the recorded amended plat thereof. WHEREAS.Lawrence E Coeburn and Irma M. Coeburn;J.L Johansen and Virginia Johansen; and Thomas D.Redman and June E.Redman.as Lessors,did on November 2. 1989,execute and enter into an Oil and Gas Lease with Cencuest Ca Company,as Lessee,which Oil and Gas Lease was for a primary term of Twc 12)years from November 2. 1989,and as long thereafter as oil or gas was produced from lands descnbed in said lease. Said oil and gas lease, recorded in Book 1249 at Reception No. 2197481 e7 the Weld County records and covering the following described lands: SYL: ?ins 10 . 0 . 0 . 8 WE 2274488-1992 . 001 B 1322 REC 02274428 01/08/92 10:14 $15.00 2/003 F 1005 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO Townshb 4 North.Rance 66 West.6th P,M,, Section 28: A8 of Block 36(except Lots 11 through 14);W/2 and North 150 tuft of the west 150 feat of the Et2 of Black 37;all of Blocks 42 and 43;All of Block 44,except a 30'by 200'strip conveyed to the Town of Gamest Lot 1 of Block 45;end MI of Blocks 46 and 71,of the Town of Gilcrest,according to the amended plat thereof.including as steers.alleys,vacated streets and vacatedalleysadjacent thereto. WHEREAS.Randy Vitae and Janet Masan.as Lessors,did an September 6.1920,execute and enter Into an Oil and Gas Lease with Conquest Oa Company.as Less e,which Oil and Gas Lease was for a primary term of Two/2)years from September 6.1990,and as long thereafter as oil or gas was produced from lands described in said lease. Said al and gas lease,recorded in Book 1284 at Reception Na.2234815 of the Weld County records and covering the following described lands: Townshio 4 North.Rance 66 West.6th P.M Section 28: AB af that part of Lot 1.Block 37,Town of Gamest.Colorado.acconfmg to the recorded amended plat thereof.being more particularly described as follows: Beginning at the NE caner of Lot 1,Block 37,and considering the north line of Block 37 to bear N 90°00'00'E and with all other bearings=mined herein relative thereto.thence south 50 feet along the west right-of-way line of Elm Street thence west 150 feet thence north 50'to a point on the north line of Lot 1,thence east 150'along the north fine of Lot 1 to the point of beginning. WHEREAS.Robert L.'Weisner and Laura J.Meis er,as Lessors,did on September 5, 1990,execute and enter into an Oil and Gas Lease with Conquest OII Company,as Lessen,which Oil and Gas Lease was for a primary term of Two(21 years from September 5,1990,and as long thereafter as oil Cr gas was produced front lands described in said lease. Said oil and gas lease,recorded in Back 1284 at Reception No.2234813 of the Weld County records and covering the following described lands: Township 4 North,Ranee 66 West.6th P.M. Section 28: All of that part of Lot 1,Block 37,Town of Gilmest,Colorado,according to the recorded amended plat thereof, being more particularly described as follows: Beginning at the NE cornet of Lot 1.Bock 37.and considering the north tine of Block 37 to bear N 90"00'00• E and wen all other bearings contained herein relative thereto.thence south 50 feet along the west right-of-way One of Elm Street to the tam point of beginning;thence continuing south 75';thence west 150 feet thence north 76';thence east 150'to the true paint of beginning. WHEREAS.Lucy Acosta.as Lessor.did on September 5, 1990,execute and enter into an Oil and Gas Lease with Conquest Oa Company,as Lessee,which Oa and Gas Lease was for a primary term of Two(21 years from September 5, 1990.and as long thereafter as a1 or gas was produced from lands described in said lease. Said oil and gas lease, recorded in Book 1276 at Reception No. 2227045 of the Weld County records and covering the following described lands: Township 4 North. Rave 66 West.6th P.M. Section 28: AO of that part of Lat 1,Bock 37,Town of Gamest.Colorado,acccrding to the recorded amended plat thereof,being more particularly described as follows: Beginning at the SE comer of Lot 1.Block 37,thence north 75 feet along the west right-of-way line of Em Street to the true point of beginning;thence 150' west parallel to the south fine of Lot 1;thence north 50 feet thence east 1'-^' to a point on the west right-of-way line on Elm Street thence 50'south to the True Pam of Beginning. WHEREAS, Patricia Ann Van Hare.as Lessor,did on October 3, 1990,execute and ert><-'-'n an Oa and Gas Lease with Conquest Oil Company,as Lessee,which Oil and Gas Lease was for a primary term of Two (2)years from October 3,1990,and as long thereafter er as oil or gas was produced from lands described in said lease. Said oil and gas lease,recorded in Book 1278 at Reception No.2229799 of the Weld County records and covering the following described lands: Township 4 North. Rance 66 West. 6th P,M Section 28: Block 39,Town of Giktest,including all adjacent streets and alleys. BE R KNOWN that Prima Oil ei Gas Company has drilled a producing oil and gas well upon lands included in the above mentioned oil and gas lease and the well was commenced and completed as a commercially producing oil and gas well,to wit Gilorest Townsife 28-12 Township 4 North, Ranee 66 West Commenced November 26, 1991 Section 28: NW/4NE/4 Completed December 25. 1991 SKLD WW 10 . 0 . 0 . 8 WE 2274488-1992 . 002 ,{ .a B 3.322 SEC 02274488 01/08/92 10:14 $15.00 3/003• '. t •'' F 1006 MARY ANN FEUERSTEIN CLERK & RECORDER CD CO, CO • Tres well has perpetuated the term of the above mentioned lease and this Affidavit is being filed pursuant to CRS 38-42-106. . . WITNESS my hand this 3rd day of January,1992. . PRIMA OIL&GAS COMPANY Gad eSD: STATE OF COLORADO lCs. COUNTY OF O9IVER 1 On this the 3rd day of January,1992,before me,the undersigned,a Notary Public in and for the County and State aforesaid, personally created G.Walter Lansford,to me tmown to be the identical person who subscribed the name of the maim thereof to the foregoing instrument as the Atmmey.in-het of Prima Oa& Gas Company and acbiowledgedto me that me moaned the same as his free and voluntary act and deed,and as the free and voluntary act and deed of such corporation,for the uses and purposes therein sot forth. Given under my hand and seal the day and year above written. ...Chum sitnrkenzires: Notary Public h. ....:re.E,� Aprpt5tyt934ifTy n `• _._. 7-a R.Samm, di�;"u B I :G:0 1801 Broadway,Suite 500,Denver CO 80202 • SKLD WW 10 . 0. 0 . 8 WE 2274488-1992 . 003 Large Maps Available for Viewing at the Clerk to the Board's Office in the Public Review file Hello