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Home My WebLink About20002882 4, ff /Will. Y _ ` ff NE7111/Nil' 11 W it N111vgry.net TO: Robert Anderson November 3, 2000 Planner FROM: Mike Reis an G� " Greeley-We. my Airport RE: Title Work Attached please find one original copy of the title insurance work associated with the Final Plat for the Greeley-Weld County Airport PUD. Please call me at 336-3001 with 2ny questions. 2000-2882 .Q EPA % , ..4 CO 47632 • 9 ) 336 -000 • . hX(8'0) 33!i-.330 ..ety. Yea'£, ti. . "'ta+g �'x,'° f2.:•t % fo3.iV,r3G' '.x,,5t'�s9^,9i??:?:rrFM{•: ttiV.dr; :t',rWz;^,:itt i°',eftio7AAiS. Mir' o'rr'°� :::4 [:...k El re} CHICAGO TITLE INSURANCE COMPANY N „I mi 4a !,"I COMMITMENT FOR TITLE INSURANCE e.1.! .oi ••••• !.. CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Cornpar:� , ft r $u, a valuable consideration, hereby commits to issue its policy or policies of title insurance, is identilicd in tt':al Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the esit le rT :;:5:: interest covered hereby in the land described or referred to in Schedule A, mon payment of th(J, premiums and 'rt ' charges therefor: all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hi reo' }: vi, {: }a, This Commitment shall be effective only when the ider tity of the proposed Insured and the amount i t the policy or policies committed for have been inserted in Schedule A hereof by the Company. ciaim :t tl a - time of the issuance of this Commitment or by subsequent endorsement. yt yjt This ('omnaitment is preliminary to the issuance of such policy or pollees of title insurance and all liability "t{! and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy , of policies committed for shall issue, whichever first occurs provided than the failure to issue such policy .x ;:7:.7; i policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigi d by ' in art authorized officer or agent. ...j{ IN WITNESS WHEREOF. the Company has caused this Commitment to be signed and sealed, to bccon-e :4,:::� valid when countersigned by an authorized officer or agent of the Company, all in accordance with its lay-Laws. .i, This Commitment is effective as of the date shown in Schedule A as "Effective Date." i;11 a `:i ;f x.11 i CHICAGO TITLE INSURANCE Cl iMPAN y Sit SiBy: __---� f. " �N n� Ail 7,p ; Issued b}.. ,c a: r,,s'E // r��.... i Pro?dm'a� WELD COUNTY TITLE COMPANYi' t , 1221 8TH AVENUE 5� , ::.c> liy: 97WGRE 3 6 3 CO 80631 tr? i �. rs �"970) 356-3232 v`�`✓' � G` /� �;�Nis.A� Oil (/ retar. r„ - [4 s3' ,�q: Authorized O er or Agent yq. p C,1m yrf '.{ , R /,b4 Y.v !�§ f...Z. .h g.;�.4.. f.Y : yy t. .6 A t2itt-i`.&V..C:.A??:4st: ..r. .{:.. { .. t 4- :..fi.: f.n. d�. J.t.... h5.A.. v...f....�L. ... .. ..... r_2aao •-II!tit: 54 5 CONDITIONS AND STIPULATIONS I. The term "mortgage," when used herein,shall include deed of trust, trust decd, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage. thereon covered by this Commitment other than these sui wn in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shah he relieved from liability for any loss or damage rest;.'ting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowtrdr. If the proposed Insured shall disclose such knowledge o the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, auv'rse claim or other matter, the Company tit its option may amend Schedule B of this Commitment ace inking!). , hut such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these C onditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such patties included under the definition of Insured in the form of policy or policies committed for and only for tenth loss incurred in reliance hereon in undertaking in good faith (at to comply \kith the requirements hereof. or 1br to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgagp on covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the f ohcy or policies committed for and such liability is subject to the insuring provisions, the Exclusions born Co✓erag[.md the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expres,sll mooted herein. 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. COMMITMENT FOR TITLE INSURANC E * * * * * SCHEDULE A 1. Effective Date: OCTOBER 11, 2000 @ 7:00 A.M. RE: Our Order No. : CT5554i 2 . Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ N/A Proposed Insured: B. ALTA Loan Policy Amount $ N/A 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 ai the effective date hereof vested in: GREELEY-WELD COUNTY AIRPORT AUTHORITY 4. The land referred to in this Commitment is described as follows: "SEE SCHEDULE A CONTINUED" COMMITMENT FOR TITLE INSURANCE * * * * SCHEDULE A "CONTINUED" RE: Our Order No. : CT555;2 A tract of land in Sections 1, 2, and 3, Township 5 North, Range 65 West of the 6th P.M. , and also in Sections 26 aad 35, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Commencing at the NE Corner of said Section 2, thence Westerly along the Lortd. section line of said Section 2, North 89°39' 57" West a distance of 139. . " feet, to the true point of beginning; Thence South 0128' 16" West a distance of 2159. 03 :feet; Thence South 74°12' 00" East a distance of 1755. 87 feet; Thence South 15°48' 00" West a distance of 1185.66 feet; • Thence North 88°07' 04" West a distance of 82 . 72 feet; Thence North 01°26' 03" East a distance of 161 . 07 feet; Thence South 61°01' 00" West a distance of 1537. 04 feet; Thence South 01°28' 16" West a distance of 676 . 70 feet; Thence North 89°38' 33" West a distance of 2652 . 30 feet; Thence North 63°20' 30" West a distance of 165 . 00 feet; Thence North 71°25' 30" West a distance of 285 . 00 feet; Thence North 76°40' 30" West a distance of 352 . 00 feet; Thence South 83°39' 30" West a distance of 190.00 feet; Thence South 57°59' 30" West a distance of 114 .00 feet; Thence South 51°09' 30" West a distance of 250. 00 feet; Thence North 89°38' 33" West a distance of 85 . 76 feet; Thence North. 01°34' 53" East a distance of 607.69 feet; Thence North 88°37' 57" West a distance of 16 .25 feet; Thence South 48°45' 30" West a distance of 88 . 50 feet; Thence North 85°06 ' 43" West a distance of 577. 83 feet; Thence North 01°34' 46" East a distance of 725 .66 feet; Thence North 88°50'40" West a distance of 658 . 07 feet; Thence North 01°34 ' 39" East a distance of 1208 .40 feet; Thence North 89°36' 11" West a distance of 1136 .44 feet; Thence South 01`28' 01" West a distance of 346.49 feet; Thence South 88°31' 59" West a distance of 180. 00 feet; Thence North 01°28' 01" West a distance of 65 .45 feet; Thence North 43°11' 00" West a distance of 224 . 50 feet; Thence North 60°30' 00" West a distance of 425 .00 feet; Thence North 04°38' 00" East a distance of 54.30 feet; Thence North 60°48' 00" West a distance of 290 . 00 feet; Thence North 00°52' 00" East a distance of 178 . 0C feet; Thence North 60°15' 00" West a distance of 87. 90 feet; Thence North 87°12' 00" West a distance of 75 . 0C feet; Thence South 62°04' 00" West a distance of 47 . 9C feet; Thence North 87°39' 00" West a distance of 176 . 90 feet; Thence South 77°53' 00" West a distance of 119.6C feet ; Thence North 75°06' 00" West a distance of 61 . 90 feet; Thence Not:h 88°20' 00" West a distance of 641 .2: feet; CONTINUED NEK;' PAC I SCHEDULE A COLTINUE! PrGE TWr 05554 Thence North O1°23'30" East a distance of 820 .40 feet; Thence North 02°03'30" East a distance of 1246 . 53 feet; Thence South 88°46' 59" East a distance of 3939.37 feet; Thence South 01°33' 09" West a distance of 895 . 05 feet; Thence South 74°12' 00" East a distance of 2453 .71 feet; Thence North 01°49' 01" West a distance of 5504 . 11 feet; Thence North 89°44'41" West a distance of 172 . 85 feet; Thence North 00°06' 38" East a distance of 1323 . 81 feet; Thence South 89°46' 23" East a distance of 128 .29 feet; Thence North 01°49' 01" West a distance of 3573 .30 feet; Thence North 88°10' 59" East a distance of 1500. 00 feet; Thence South 01°49' 01" East a distance of 4952 .32 feet; Thence South 89°44' 38" East a distance of 978 .98 feet; Thence South 00°12' 37" West a distance of 2649. 94 feet; Thence North 89°41' 24" West a distance of 885 .20 feet; Thence South 01°49' 01" East a distance of 624.66 feet; Thence South 88°29'47" East a distance of 427.62 feet; Thence South 07°12 ' 51" West a distance of 696.53 feet; Thence South 89°39' 57" East a distance of 503 . 98 feet to the True Point cf Beginning; EXCEPTING THEREFROM all that portion ly._ng within the right-of-way fo; H. ghway 263 . COMMITMENT FOR T :: T L E INSURANCE * * * * * SCHEDULE B Section :. RE: Our Order No. : CT555z2 REQUIREMENTS: The following are the requirements to be comp__ied with: Item (a) Payment to or for the account of the grantors or mortgagors of the ful consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed aga_ rst t! subject premises which are due and payable. Item (c) The following instrument (s) must be properly executed and filed of re< crd the Official Land Records of Weld. County, CoLorado, to wit: NC)NE _ 2 _ COMMITMENT F C R TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : CTE554_ EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to tie following matters unless the same are disposed of to the satisfaction of the Iarpan (a) Defects, liens, encumbrances, adverse claims, or other matters, if any create° 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 table the estate or interest or mortgage thereon covered by this Commitment; h) Etandari an<`. 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 an facts which a correct survey and inspection of the premises would disclose and whic are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material heretofore Cr hereaft r 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, sneci.s assessments, charges or lien imposed for water or sewer service, or for anv cciier special taxing district , any unredeemed tax sales . 6 . Taxes for the year 200D, 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 united o roads, ditches, pipe lines, power lines, telephone lines and reservoirs. 8 . Rights of way for county- roads along, over, and across various portions of suoiect property as evidenced. by Road Viewer' s Reports, maps and easements of record. 9 . Right of way for Ogilvy Ditch as evidenced by Statement filed in the Weld County CI trt and Recorder' s Office, and by various instruments of record. 10 . Right of way for the Camp Sub-Irrigation and. Irrigation Sloughs and Ditch as evidec, :ed by Statement filed in the Weld County Clerk & Recorder' s Office, and by varices instruments of record. CONTINLIEL NEXT 'AGE - 3 - B-2 c'ONT r uED CTS 542 11. Right of way for railway and incidental purposes as reserved by The Denver Pa -J._fic Railway and Telegraph Company in instrument recorded April 29, 1870 in Book 1 at Ps' e 540, said right of way not being specifically defined. (Affects property _.n i;ectio• s 1 , 3, and 35) 12 . :Reservation as contained in Patent recorded April 17, 1872 in Book 6 at. Page s '7, a id reservation being as follows: a_ Right of the proprietor of a vein or lode to extract and remove his ore taerefi m should the same be found to penetrate or intersect the premises. (Affects the SE4 of Section 2) 13 . :Reservation as contained. in Patent recorded August 7, 1874 in Book 10 at Page H67, said reservation being as follows: a.. Right of the proprietor of a vein or lode to extract and remove his ore tSerefr m should the same be found to penetrate or intersect the premises. I Affects the NE4 of Section 2) 14 . Restrictions which contain forfeiture or reverter clauses, imposed upon subje:c property by instrument recorded July 14, 1883 in Book 16 at Page 114, providing substantially as follows : Intoxicating liquors shall never be manufactured, sold c. otherwise disposed of as a beverage in any place of public resort in or upon iabjec property. (Affects property in Section 35) 15. Reservation as contained. in Patent recorded July 22, 3882 in Book 34 at Page Li , sa d reservation being as follows : a. Right of the proprietor of a vein or lode to extract and remove his ore theref: 'm should the same be found to penetrate or intersect the premises . !.Affects the N2 NW4 of Section 2) 16 . Reservation as contained in Patent recorded May 4, 1883 in Book 34 at Page 6C , said reservation being as follows : a. Right of the proprietor of a vein or lode to extract and remove his cre to?ref= ,n should the same be found to penetrate or intersect the premises. (Affects the SW4 of Section 2) 17. Reservation as contained in Patent recorded. January 12 , 1896 in Book 57 at Prge 39E. said reservation being as follows: a. Right of the proprietor of a vein or lode to extract and remove his ore theref2 )m should the same be found to penetrate ca intersect the premises . b. Right of way for ditches and canals constructed by the authority of the Ioited States. (Affects the W2 SE4 Section 3) CONT'INIJEI NEXT ?AGE; - 4 - 8-2 r:ONTI'UF..O CT5 542 18 . Right of way for lateral through Sections 2 and 35 as evidenced by instruments recorded in Book 68 at Page 446, Book 73 at Page 5, Book 74 at Page 2, Bock 1.) + at Page 342, Book 494 at Page 538, and others. 19. Right of way for irrigating and incidental purposes as granted to Frank E. Wyatt by instrument recorded May 7, 1891 in Book 97 at Page 474, said right of way not being specifically defined. (Affects property in Section 35) 20 . Reservation as contained. in Patent recorded December 14, 1901 in Book 132 at Page P said reservation being as follows: a. Right of the proprietor of a vein or lode to extract and remove his ore teerefr m should the same be found to penetrate of intersect the premises . b. Right of way for ditches and canals constructed by the authority of the Canted States. (Affects the NW4 of Section 1.) 21. Terms, conditions and provisions of Agreement, between John F. McCrery, August C. Hoye, and Marcus A. Hanna recorded May 13, 1899 in Book 170 at Page 318 . (Affects property in Section 35) 22 . Right of way for the Oscar Adams Seepage Ditch as evidenced by instrument recorded November 2, 1909 in Book 306 at Page 328, insofar as same may affect subject property (Affects the W2 of Section 1) 23 . Terms, conditions and provisions of Agreement, between A. B. and L. A. Right, A. N Lyster and C. H. Ramsay recorded November 2, 1909 in Book 306 at Page 328 . (Affect. ; the W2 of Section 1) 24 . Terms, conditions and provisions of Agreement, between Union Pacific Ra_lroac. Compa iy and. A. N. Lyster recorded August 30, 1923 in Book 714 at Page 17; Quit Claim Deed Mort. J. E. Dunn to A. N. Lyster recorded in connection with said Agreement on May IL, 12 ;3 in Book 946 at Page 512 . 25 . Right of way for underground pipeline and incidental purposes as granted to 1.. N. Lyster by instrument recorded May 11, 1933 :.n Book 945 at Page 512, said right of ay being more specifically described in said instrument; said instrument conr_ails a reversionary clause. (Affects the NE4 of Section 26) 26 . Terms, conditions, provisions, and easements as disclosed by Findings for the Robe) : S. Davis Pumping System recorded October 22 1953 in Book 1372 at Page 273 . :Affects property in the W2 of Section 3) CONT CNLJE: r NEXT PAGE - 5 - B-2 :ONTI CUTE CTS 5:2 27 . Reservation of an undivided 1/2 interest in and to all oil, gas and other minerals lying in and under and that may be produced from the subject property, toeether wit the right of ingress, egress and regress for the purpose of exploring for and remo\ nq the same, as contained in instrument from Russell F. Billings recorded December 9, 1.958 in Book 1519 at Page 483, and any interests therein, assignments, or conveyanc •s thereof; Rights of ingress and egress conveyed by Quit Claim Deed to Weld Coun':y Municipal Airport Authority recorded November 29, 1982 in Book 982 as Reception No. 1909913 . (Affects that portion of subject property lying in the El NE4 NF4 ct Sect on _) 28 . Reservation of an undivided 1/2 interest in and to all oil, gas and other minerals n and under the survace of the W2 NE4 of Section 2, together with the full light_ to enter upon said premises and use so much of the surface thereof as may reasonaoly t. necessary for operating, drilling, mining or marketing the production thereof, as contained in instrument from Joe A. Wagner and Dora Wagner recorded December 7 19E in Book 160:L at Page 457, and any interests therein, assignments, or conveyances thereof. 29. Easement for clear zone and incidental purposes as granted to the City of Gree..ey, he County of Weld, and the Weld County Municipal Airport Board, by instrument. recorder December 23 , 1963 in Bock 500 as Reception No. 1424405, said easement being ;rise specifically described in said instrument. (Affects property in Sections L ani 2) 30 . Easement for clear zone and incidental purposes as granted to the Weld County Municipal Airport Board by instrument recorded December 23, 1963 in Book E00 as Reception No. 1424407, said easement being more specifically described in sail instrument. (affects the SW4 of Section 1) 31. Easement for clear zone and incidental purposes as granted to the City of Gree;.ey, .he County of Weld, and the Weld County Municipal Airport Board, by instrument:. recorded December 23 , 1963 in Book 500 as Reception No. 1424408, said easement being core specifically described in said instrument. (Affects property in Sections 2 and 3) 32 . Easement for clear zone and incidental purpcses as granted to the City of Greeley, he County of Weld, and the Weld County Municipal Airport Board, by instrument. rccordee. December 23 , 1963 in Book 500 as Reception Nb. 1424405, said easement. being ❑ogre specifically described in said instrument. (Affects property in Section :a 33 . Easement for clear zone and incidental purposes as granted to the City of Greeley, he County of Weld, and the Weld County Municipal Airport Board, by instrument recorded July 23, 1964 in Book 519 as Reception No. 1441416, said easement being more specifically described in said instrument. (Affects property in Section 7I) CONT7NUEI NEXT ?AtlE; - 6 - B-2 00ONTI TUEE CTS •562 34 . Easement for road and incidental purposes as granted to Robert E. Hanna by ins_rume .t recorded May 5 , 1965 in Book 541 as Reception No. 1462838, said easement being ovee the West 15 feet of the SE4 of Section 35. 35. Reservation of an undivided 1/2 interest in and to all oil, gas and other minerals underlying property in Section 1, with the right of ingress and egress to prosuect or and remove the same, as contained in instrument from Grace Kight Gatewood and Josep . S. Gatewood, recorded December 1, 1970 in Book 636 as Reception No. 1558252 , a .d a„, . interests therein, assignments, or conveyances thereof . 36. Right of way for communication line and incidental purposes as granted to the Mount tin States Telephone and Telegraph Company by instrument recorded July 6, 1972 in Book I72 as Reception No. 1592992, said right of way being 16 . 5 feet in width, lying North c and adjacent to, the North right-of-way line of Highway No. 263 in the SW 1/4 of Section 1 . 37. Right of way for communication line and incidental purposes as granted to The Mount. tin States Telephone and Telegraph Company by instrument recorded July 6, 197; in Book .7 as Reception No. 1592995, said right of way being 16 .5 feet in width, lying North c , and adjacent to, the Northright-of-way line of Highway No. 263 in the S2 c ` Se :tior. 2 38 . Reservation of an undivided 2/3 of an undivided 1/2 interest in and to the oil , gap and other minerals now owned of records by the Grantors and their Co-Tenant, Robert R. Tipton, as contained in instrument from John K. Tipton and Natalie Jean Milaskey recorded December 29, 1972 in Book 682 as Reception Nc. 1604438, and any interests therein, assignments, or conveyances thereof . (Affects the SW4 of Section. 26 extent former Railroad property) :39. Reservation of an undivided 1/3 of an undivided 1/2 interest in and to all oil, gaa and other minerals, now owned of record by Robert R. Tipton, John K. Tipton and Natalie Jean Milaskey, as contained in instrument from Marian Ruth Tipton as Administratrix of the Estate of Robert Royce Tipton, Deceased, recorded December 2t' 1972 in Book 682 as Reception No. 1604439, and any interests therein, assignments, conveyances thereof. Affects the SW4 of Section 26 except former Railroad Eropert. 7) 40 . Oil and Gas Lease from Norman H. Lyster to Newport Exploration, Inc. , recorded November 15, 1979 in Book 887 as Reception No. 1809333, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Lease Extension recorded August 21, 1984 in Book 1040 as Reception No. 1978310 . (Tftectr property in Sections 26 and 35) CONTINUED NEXT PANE - 7 5-2 ('ONTT(UEN CTS' 542 41. Oil and Gas Lease from Lucille Howard to Newport Exploration, Inc. , recorded Decemn r 10, 1979 in Book 889 as Reception No. 1811391, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Extension of Oil and CIs Lease by Production recorded July 25, 1994 in Book 1452 as Reception No. 2598 )43 . (Affects the NE4 of Section 26) 42 . Oil and Gas Leases from Noffsinger Manufacturing Co. , Inc_. to Newport Exp1orat .(,n, Inc, , recorded December 14, 1979 in Book 890 as Reception No. 1.811945, and an; interests therein, assignments or conveyances thereof . Said Lease extended b, Affidavit of Lease Extension recorded October 29, 1984 in Book 1047 as Reception No 1986649; Affidavit of Production recorded March 20, 1985 in Book 1062 as Recern ion o . 2002661; and Affidavit of Extension of Oil and Gas Leases recorded June 11, 1287 in Book 1159 as Reception No. 2103142. (Affects property in Sections 3 and 2) 43 . Oil and Gas Lease from First National Bank of Ft. Collins, Colorado, and Charles L. Warren, Co-Trustees of the Charles P. Warren Trust to Newport Exploration, Ina . , recorded December 18, 1979 in Book 890 as Reception No. 1812118, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavi: of Extension of Oil and Gas Lease By Production recorded February 22, 1993 in Bo f' 137 as Reception No. 2322564 . Segregation Agreements recorded July 13, 1998 as Reception Nos . 2625744 , 2625235, a d 2625746. I Affects property in Section 35) 44 . Oil and Gas Lease from Mary Ellen Ratcliffe to Newport Exploration, Inc. , recorded December 18 , 1979 in Book 890 as Reception No. 1812119, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Lease Extension recorded October 31, 1983 in Book 1011 as Reception No. 1945341. (Affect the NW4 of Section 26) 45. Oil and Gas Lease from Matthew Ryan. Wagner aka M. R. Wagner to Newport Exploration, Inc. , recorded December 18, 1979 in Book 89C as Reception No. 1812120, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Lease Extension recorded October 31, 1983 in Book 1011 as Reception No 1945341. (Affects the NW4 of Section 26) 46. Oil and Gas Lease from Ann Catherine Shobe and Roy L. Shobe to Newport Expiora .ioc, Inc. , recorded January 4, 1980 in Book 891 as Reception. No. 1813364, and any iatere ;tc therein, assignments or conveyances thereof . Said Lease extended by Affidavit of Lease Extension recorded October 31, 1983 it, Book 1011 as Reception No. 1.945242. (Affects the NW4 of Section 26) 47 . Development Standards as shown on map of Zahka Farms Special Use Permit reecoxded November 19, 1980 in Book 920 as Reception No. 1841968 . (Affects the E2 NW4 of Section 2) CONTINUES. NEXT ?A3E - 8 E-2 CONTINUED CTS( 542 48 . Development Standards as shown on map of SU]? 452 :80 :42 recorded February IC, -981 Book 927 as Reception No. 1849335. (Affects property in Section 3) 49. Terms, conditions and provisions of Agreemen., between Evergreen Internat:iona Aviation, Inc. and Weld County Municipal Airport Authority recorded April 17, _ 981 n Book 933 as Reception No. 1855420. (Affects property in Section 3) 50. Cil and Gas Lease from Fairmeadows Land Company to The Colton Company, recorder Mays 14, 1981 in Book 936 as Reception No. 1857783, and any interests therein, ass ;.gnmon' s or conveyances thereof. Said Lease extended by Affidavit of Extension of Oil and G. s Leases recorded February 4, 1988 in Book 1134 as Reception No. 2130025. (Aff :acts property in the W2 of Section 3) E1. Oil and Gas Lease from Meryl H. Coulson and Gladys Coulson to W. E. Andrau ani Jose; h Goodwin, recorded November 30, 1981 in Book 954 as Reception No. 1875681, and any interests therein, assignments or conveyances thereof. Said Lease extended b,' Affidavit of Production recorded July 10, 1985 in Book 1076 as Reception No. 2"1649 . (Affects the SE4 of Section 35) 52. Oil and Gas Lease from John Ehrlich and Betty Jean Ehrlich to Centennial 9etr.eum, Inc. , recorded February 9, 1982 in Book 960 as Reception No. 1882483 , and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Production recorded March 20, 1985 in Book 1062 as Reception No. .10026 2 . (Affects the W2 NE4 of Section 2) 53 . Oil and Gas Lease from H . Lee Frudden, attorney-in-fact for Land Resources Group to Centennial Petroleum, Inc. , recorded March 15, 1982 in Book 963 as Reception No. 1885593, and any interests therein, assignments or conveyances thereof . Said Lease extended by Affidavit of Production recorded April 5, 1984 in Book 1026 as Reception No. 1961950; and Affidavit of Production recorded March 20, 1985 in Book 1)62 as Reception No. 2002646 . (Affects property in the E2 E2 of Section 2) 54 . Oil and Gas Lease from Duane D. Zabka and Dorothy M. Zabka to Rosedale Leasing, recorded May 28, 1982 in Book 969 as Reception No. 1893154, and any interests there .n, assignments or conveyances thereof. Said Lease extended by Affidavit. of Procuition recorded March 20, 1985 in Book 1062 as Reception No. 2002661 . (Affects. tee E >. NW( o:" Section 2) 55. Reservation of all the oil, gas and other monerals lying in and under the property conveyed or that may be produced therefrom, as contained in instrument from Fairmeadows Land. Company recorded September 24, 1982 in Book 978 as Reception, No. 1904628, and any interests therein, assignments, or conveyances thereof . (Affects property in the W2 of Section 3) CONTINUO. NEXT ?AGE 0-2 ('ONTit EEJ CT5' 54 2 56 . Terms, conditions and provisions of Oil and Gas Development Deed Restriction, Letwe( n The Fairmeadows Land Co. and Weld County Municipal Airport Authority recorded September 24, 1982 in Book 978 as Reception No. 1904629. (Affects property ii the i2 of Section 3) 57. Terms, conditions and provisions of Agreement for Right of Way for It rigation Run f Ditch, between the Fairmeadows Land Co. and Weld County Municipal Airport Aut-ic.rit-v recorded September 24, 1982 in Book 978 as Reception No. 1904630 . (Affects pc pert in the W2 of Section 3) 58 . Oil and Gas Lease from Byers C. Clark and Charlotte J. Clark to W. E. Andrau and Joseph Goodwin, recorded September 8, 1981 in Book 979 as Reception. No. 1906252 , an, any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Production recorded July 10, 1985 in Book 1076 as Reception No. 201649. . (Affects property in Section 35) 59. Reservation of all the oil, gas and other minerals together with the right of .ngre s and egress to explore for and to extract, lying in and under the property conveyed • r that may be produced therefrom, as contained in instrument from Fred J. Winter .. and Ann Winters recorded November 9, 1982 in Book 981 as Reception No. 190847_ ant: any interests therein, assignments, or conveyances thereof; Court Decree entered L. Wel County District Court under Civil Action No. 83CV835 and recorded March 11 . 19-'.5 it Book 1061 as Reception No. 2001498, confirms and verifies said mineral interexy . (Affects a narc_ow strip of land off the East side of the E2 NW4 NW4. of Sec tic ( 3) 60. Reservation of all the oil, gas and other minerals together with the right of ..ngre s and egress to explore for and to extract same, lying in and under the property conveyed or that may be produced therefrom, as contained in instrument. from Fred J Winters and Ann Winters recorded November 9, 1982 in Book 981 as Reception Nc . 1908474, and any interests therein, assignments, or conveyances thereof . (Affects he E2 NW4 NW4 of Section 3) 61. Terns, conditions and provisions of Agreement, between. the Weld County Municipal Airport Authority and Fred J. Winters and Ann Winters recorded November 16, 19:32 is Book 982 as Reception No. 1969301. (Affects the E2 NW4 NW4 of Section 3) 62. Reservation of all the oil, gas and other minerals lying in and under the prcperty conveyed or that may be produced thererom, excluding, however, the right to enter u ,or: the conveyed property for the purpose of extracting or removing the oil, gas, and other minerals from the property, as contained in instrument from Noffsinger Manufacturing Co. , Inc. , recorded November 29, 1982 in. Book 982 as Reception ND. 1909912, and any interests therein, assignments, or conveyances thereof_ . (Affects (he E2 NE4 NE4 of Section 3) CONTINUEI: NEXT ?ACT - 10 -2 CONT'.D DEED CTS 54.'. 63 . Terms, conditions and provisions of Agreement For Construction and Maintenance of Irrigation Run-Off Ditch, between Duane D. Zabka and Dorothy Zabka and the We:.C: County Municipal Airport Authority recorded June 16. 1983 in Book 999 as Reception N:: . 1930526, the exact location of said ditch not being specifically defined. (A: Iects property in Section 2) 64 . Reservation of all the oil, gas and other minerals lying in and under the prof,c rty conveyed or that may be produced therefrom as contained in instrument from Join E. Ehrlich and Betty Jean Ehrlich recorded July 18, 1983 in Book 1002 as Receotic: No. 1933920, and. corrected by instrument recorded April 11, 1984 in Book 1026 3s Lccept. on No. 1962610, and any interests therein, assignments, or conveyances thereof . Affe ts property in the W2 NE4 of Section 2i 65 . Reservation of all oil, gas and other mineraLs in and under and that may be p -c•:duce from the subject property as contained in instrument from Wendell R. Arnold, Lee Frudden, James A. Caraccioli and Lorio Verzasconi, dba Land Resources Group, -ecord,. d December 27, 1983 in Book 1016 as Reception No. 1950991, and any interests th'::rein. assignments, or conveyances thereof. (Affects property in the E2 E2 of Secti_a':. 2) 66. Mineral Deed from Union Pacific Railroad Company to Union Pacific Land Resour. Corporation conveying all of the oil, gas, and other minerals in and under su,rect property, recorded March 12, 1984 in Book 1023 as Reception No. 1958897, toge-_.ter w th the right of ingress and egress at all times for the purpose of mining, drilling a: exploring said lands for oil, gas, and other minerals and removing the same t`.eref: .. m; and any interests therein, assignments or conveyances thereof. (Affects the '.94 O, Section 26) 67 . Mineral Deed from Union Pacific Railroad Company to Union Pacific Land Resources Corporation conveying all of the oil, gas, and other minerals in and under sup-:ect property, recorded April 27, 1984 in Book 1028 as Reception No. 1964586, together w to the right of ingress and egress at all times for the purpose of mining, drilling an, exploring said lands for oil, gas, and other minerals and removing the same tnerefr' n; and any interests therein, assignments or conveyances thereof. (Affects the ':F4 of Section 26) 68. Mineral Deed from Union Pacific Land Resources Corporation to Champl.i.n Petrolb:m Company conveying all of the oil, gas, and other minerals in and under sutjeci property, recorded April 6, 1984 in Book 1026 as Reception No. 1962105, tcgetler wi h the right of ingress and egress at all times for the purpose of mining, drilling a❑ . exploring said lands for oil, gas, and other minerals and removing the same t-L ref- m: and any interests therein, assignments or conveyances thereof. (Affects the ; '.4 of Section 26) CONTIN.IEC NTEXT ,AGE - 11 - E-2 C ONTI% JEii CT5E 542 69. Mineral Deed from the Union Pacific Railroad Company to the Union Pacific land Resources Corporation conveying all of the oil, gas, and other minerals in and under subject property, recorded May 25, 1984 in Book 1031 as Reception No. 1968273 together with the right of ingress and egress at all times for the purpose of m.inire , drilling and exploring said lands for oil, gas, and other minerals and remcvinc the same therefrom; and any interests therein, assignments or conveyances thereof (Affects former Railroad property in the SW4 of Section 26) 70 . Mineral Deed. from Union Pacific Land Resources Corporation to Champlin Petroleum Company conveying all of the oil, gas, and other minerals in and under subject property, recorded June 26, 1984 in Book 1034 as Reception No. 1971832, together wi; h the right of ingress and egress at all times for the purpose of mining, drilling anf exploring said lands for oil, gas, and other minerals and removing the same th.erefr: m; and any interests therein, assignments or conveyances thereof. (Affects f:ormea Railroad property in the SW4 of Section 26) 71. Terms, conditions and provisions of Right-of -Way Permit, between the Greeley-'told County Airport Authority and Colorado Gathering and Processing Corporation recorded November 27, 1984 in Book 1050 as Reception No. 1989815.. (Affects the NE4 of Secti n 3) 72 . Mineral Deed from Mary Elizabeth Stoll to Karen L. Rossman conveying an undiv.ded 1' 0% interest in and to all of the oil, gas, and other minerals in and under subject property, recorded February 8, 1985 in Book L057 as Reception No. 1998107 , together with the right of ingress and egress at all times for the purpose of mining, di illr ; g and exploring said lands for oil, gas, and other minerals and removing the same therefrom; and any interests therein, assignments or conveyances thereof . (Affects the SE4 of Section 3) 73 . Reservation of all oil, gas and other mienraLs lying in and under the propert ; in Section 1, or that may be produced therefrom, excluding, however, the right of ingress and egress to extract the foregoing minerals, as contained in instrument from Noffsinger Manufacturing Co. , Inc. , recorded March 6, 1985 in Book 1060 as Re'eptio: No. 2000999, and any interests therein, assignments, or conveyances thereof . CONTINUED NEXT 'AGE - 12 - 3-2 CONTI: 761) CTS( 54:? 74 . Mineral Deeds from Lucille M. Howard aka Lucille Howard conveying undivided interests in the oil, gas, and other minerals in and under the NE4 of Section 26, together with the right of ingress and egress at all times for the purpose of mining, drill_.ng an, exploring said lands for oil, gas, and other minerals and removing the sane tlerefte r; and any interests therein, assignments or conveyances thereof: GRANTEE INTEREST RECORDED DATE BOOK/RECEPTION Gary D. Howard 2/100ths April 17, 1985 1065/2006096 Joe W. Howard 2/100ths April 17, 1985 1065/2006097 Wayne A. Howard 2/100ths April 17, 1985 1065/2006098 Charles A. Howard. 2/100ths April 17, 1985 1065/2006099 Martha Hendrickson 2/100ths April 17, 1985 1065/2006100 Gary O. Howard 2/100ths May 16, 1985 1069/2009878 Joe W. Howard 14/100ths July LO, 1985 1076/2016391 Wayne A. Howard 14/100ths July 10, 1985 1076/2016392 Gary O. Howard 14/100t_hs July LO, 1985 1076/2016393 Charles A. Howard 14/100ths July 10, 1985 1076/2016394 Martha Hendrickson 14/100ths July 10, 1985 1076/2016395 75 . Oil and Gas Lease from The City of Greeley, =olorado, Greeley-Weld County Mun:.sipal Airport Authority, and Weld County, Colorado, to R A Resources, Inc. , recorded May 1985 in Book 1068 as Reception No. 2008940, and any interests therein, assignments, or conveyances thereof. (Affects property in Section 3) 76. Reservation of a:L1 the oil, gas and other minerals lying in and under the property conveyed or that may be produced therefrom as contained in instrument from Join E. Ehrlich and Betty Jean Ehrlich recorded May 24, 1985 in Book 1070 as Reception No. 2011026 , and any interests therein, assignments, or conveyances thereof . (Affects property in the W2 NE4 of Section 2) 77. Right of way for pipeline and incidental purposes as granted to Colorado Gathering Processing Corp. by instrument recorded November 13, 1985 in Book 1.091 as Reception No. 2031975, said right of way not being specifically defined. (Affects the 3W4 of Section 26) 78 . Temporary construction easement for water and sewer line and incidental purposes as granted to the City of Greeley by instrument recorded November 21, 1985 in Bo).: 109 as Reception No. 2033009, said easement being more specifically described in inid instrument. (Affects the SE4 of Section 3) 79. Terms, conditions and provisions of Right-of-Way Permit, between the Greeley-weld County Airport Authority and Colorado Gathering and Processing Corporation recordee. November 27, 1985 in Book 1093 as Reception No. 2033607 . (Affects the NE4 of Section 3) CONTINUEI NEXT JAGS - 13 5-2 CONTINUE]) CT5 542 80. Right of way for pipeline and incidental purposes as granted to Colorado Gathering Processing Corp. by instrument recorded November 27, 1985 in Book 1032 as Reception No. 2033612, said right of way not being specifically defined. (Affects the SW4 of Section 26) 81. Development Standards as shown on map of Use By Special Review for Coors Energyp Company recorded June 11, 1986 in Book 1116 as Reception No. 2056873 . (Affecn. property in Sections 26 and 35) 82 . Reservation of 18/100ths of all the oil, gas and other minerals lying in and ander rid that may be produced from the NE4 of Section 26 as contained in instrument from Lucille M. Howard recorded December 8, 1986 in Book 1137 as Reception No. 207;677; : ad in Correction Peed recorded September 1, 1987 in Book '_169 as Reception No. 2 :.] 2922 and any interests therein, assignments, or conveyances thereof. 83 . Mineral Deed from Gary D. Howard to Lucille M. Howard conveying an undivided n100t' s interest of the oil, gas, and other minerals in and under subject property, r=.rorde December 30, 1986 in Book 1140 as Reception No. 2082507, together with the rill.t of ingress and egress at all times for the purpose of mining, drilling and explo- ng s- id lands for oil, gas, and other minerals and removing the same therefrom; and a r. interests therein, assignments or conveyances thereof. (Affects the NE4 of Sr tion 26 ) 84 . The effect, if any, of an Order recorded January 30, 1990 in Book 1254 as Reception No. 2203957, which purports to include the subject property within the boundaries c the Municipal Subdistrict, Northern Colorado Water Conservancy District . ;Affects property in Sections 1, 2, and 3) 85. Easement for utility line and incidental purposes as granted to the City cf Greeley by instrument recorded October 1, 1990 in Book 1278 as Reception No. 2228874, said easement being more specifically described in said instrument. (Affects property i . Section 2) 86. Oil and Gas Lease from Greeley-Weld County Airport Authority to Snyder Oil Corporation, recorded July 28, 1994 in Book 1452 as Reception No. 2399645, and any interests therein, assignments, or conveyances thereof . (Affects property in :he J )4 of Section 2) 87. Notes as shown on Airport Layout Map, Greeley-Weld County Airport P.U.D. , .recorded August 29, 1995 in Book 1508 as Reception Nc. 2453407 . (Affects property in Sectio -s 1, 2, and 3) 88 . Terms, conditions and provisions of Agreement, between the Greeley-Weld County Air )rt Authority and U S West Communications, Inc. , recorded September 13, 1995 in Eoak L as Reception No. 2455517 . (Affects property in Sections 1, 2, and 3) CONTINUEI NEXT 'ACE - 14 - c-2 CONTIPJEU CTS 542 89 . Lis Pendens against R.S.W. Farms, Inc. , EtA:L, in favor of Greeley-Weld County L_irpoit. Authority in the District Court of Weld County, State of Colorado by Civil Ac .-on N . 96CV502, dated September 24, 1996 and recorded September 25, 1996 in Book I.56 ; as Reception No. 2512615 . (Affects property in the NW4 ci Section 26) 90. Lis Pendens against Wayne A. Howard, Kris A. Howard, EtAl, in favor of Greeley- Weld County Airport Authority in the District Court of Weld County, State of Color:co by Civil Action No. 96CV500, dated September 24, 1996 and recorded September 25, 1996 c I3ook 1568 as Reception No. 251.2617. (Affects property in the NE4 of Section f ) 91. Lis Pendens against Byers C. Clark, Charlotte J. Clark, EtAl, in favor of Grerhey-'.a- ld County Airport Authority in the District Court of Weld County, State of Colorado by Civil Action No. 96CV499, dated September 24, 1996 and recorded September 25, :1996 Book 1568 as Reception No. 2512618. (Affects property in Section 35) 92 . Reservation of all oil, gas and mineral rights and interests of whatever kind cr nature, excluding, however, all rights to access such oil, gas and mineral rights I orr the surface of the NE4 NW4 of Section 35, as contained in instrument from the color. dc State Board of Agriculture recorded March 25, 1997 in Book 1598 as Reception lc. 2539559, and any interests therein, assignments, or conveyances thereof . 93 . Terms, conditions and provisions of Non-Disturbance Agreement, between Patina Oil U Gas Corporation and the Greeley-Weld County Airport Authority recorded July 2 , 1997 ir. Book 1614 as Reception No. 2556374 . (Affects property in Sections 26 and 35) 94 . Right of way for pipeline and incidental purposes as granted to Duke Energy Field Services, Inc. by instrument recorded December 5, 1997 in Book 1637 as Reception Nc• 2582781, said right of way being depicted on map attached to said instrument. (Affects the SE4 of Section 26) 95. Easement for county road and incidental purposes as granted to the County of Weld t instrument recorded April 3, 1998 as Reception No. 2604367, said easement being more specifically described in said instrument. (Affects property in Sections 2 an-i 35) 96 . Easement for county road. and incidental purposes as granted to the County of Weld t. - instrument recorded April 3, 1998 as Reception No. 2604368, said easement being mcr specifically described in said instrument. (Affects property in the NE4 of Seeticr. 2) 97 . Easement for county road and incidental purposes as granted to the County of Weld 1) - instrument recorded April 3, 1998 as Reception No. 2604369, said easement being mce( specifically described in said instrument. (Affects property in Sections 26 and 3F CONTINUE[ NEXT 'A0F) - 15 - B-2 "ONTI`TJEE CTE 542 98 . Easement for county road and incidental purposes as granted to the County of Weld L - instrument recorded April 3, 1998 as Reception No. 2604370, said easement being mor • specifically described in said instrument. (Affects property in Sections 26 and 35 99 . Reservation of ail mineral rights appurtenant to the property and the right t:) expl se for and remove the same, but without the right to enter upon or use the su._rfaca of said lands, and restricted in such manner as to prevent damage to the surface •)f sr, d lands, or to interfere with the use thereof by Grantee, its successors and. assigns, as contained in instrument from Lyster Family Farms recorded May 8, 1998 as 'Reception fo. 2611617, and also recorded May 13, 1998 as Reception No. 2612481, and any interests therein, assignments, or conveyances thereof . (Affects property in Sections 2-. an( 35) 100. Terms, conditions and provisions of Segregation Agreement, between Patina Oil Gaf Corporation and the Greeley-Weld County Airport Authority recorded September 54, 1518 as Reception No. 264013C . (Affects property in Section 26) 101. Deed of Trust from Greeley-Weld County Airport Authority to the Public Trustee of S __., County for the use of Union Colony Bank, to secure the face amount of 527. , 145 75 dated September 25, 1998 and recorded October 2, 1998 as Reception Nc . 2.644453 [Affects property in Sections 1, 2, and 3) _02 . Easement for access, production and incidental purposes as granted to Fcuntai_ nead Resources, Ltd. , by instrument recorded October 5, 1998 in Book as Reception No. 2644919, said easement being depicted on map attached to said instrument as Exhibit B . (Affects property in Section 35) 103 . Easement for natural gas pipeline and incidental purposes as granted to Colorado Gathering and Processing Corporation by instrument recorded December 21, 7.99E as Reception No. 2661836, said easement being more specifically described in said instrument. (Affects the SE4 of Section 3) 104 . Easement for irrigation and incidental purposes as granted to Lyster Family Farms i. / instrument recorded January 15, 1999 as Reception No. 2667378, said easement being more specifically described in said instrument. (Affects property in Seotiors 26 ;: id 35) 105. Terms, conditions and provisions of Non-Exclusive Irrigation Easement Agreement, between the Greeley-Weld County Airport Authority and the Estate of Gladys H Cou].r. Jo recorded April 1, 1999 as Reception No. 2684136, the location of said easemert bein3 more specifically described in said instrument. (Affects property in Sectior. 35) 106 . Easement for county road and incidental purposes as granted to the County of Weld t : instrument recorded May 12, 1999 as Reception No. 2693359, said easement ceirc mor4 specifically described in said instrument. (Affects property in Section 26) CONTINUEL NEXT PAGE - 16 - 3-2 CONTINTJEI7 CTS': 543 107. Right of way fcr pipeline and incidental purposes as granted to DukeEnergy F:inld Services, Inc. by instrument recorded July 12, 1999 as Reception No. 2706110, said right of way being more specifically described in said instrument. (Affects l-toper_ y in Section 26) 106. Right of way fcr pipeline and incidental purposes as granted to DukeEnergy Fi«-.ld Services, Inc. by instrument recorded July 12, 1999 as Reception No. 2706111, said right of way being more specifically described in said instrument. (Affects Ftoperty in Section 35) 109. Right of way for pipeline and incidental purposes as granted to Duke Energy F .eld Services, Inc. by instrument recorded July 12, 1999 as Reception No. 2706112, said right of way being more specifically described in said instrument. (Affects :,roper' y in Section 35) 110. The following notices have been recorded with the Clerk and Recorder of Weld ' :aunty pursuant to CRS 9-1.5-103 (1) . These instruments do not define the exact i.etat ..c-n o:_- the underground facilities and may or may not affect tae subject property: NOTICES BOOK RECEPTION NO. A) MOUNTAIN BELL 949 1870705 D) GREELEY GAS COMPANY 951 1872940 G) ASSOCIATED NATURAL GAS 1037 1974810 H) COLORADO INTERSTATE GAS 1041 1979784 L) ASSOCIATED NATURAL GAS, INC. 1187 213270.9 111. Rights of parties under recorded and unrecorded leases and tenancies, and i_nt rests therein, assignments, or conveyances thereof. - 17 - Hello