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HomeMy WebLinkAbout871461.tiff DEPARTMENT OF PLANNING SERVICES AR2122297 SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Great Western Railroad Case #SE-325 Legal Description: Part of the SW} of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado H H J H Criteria Checklist 00 wJ Meets Criteria b7 Yes No NA X 1. The proposal is consistent with the policies Ham of the Weld County Comprehensive Plan. Z N hyN X 2. The boundary change or temporary use location • J° which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. H Z X 3. In those instances when used pursuant to Section 9-3 B. (2) of the Weld County n co Subdivision Regulations, the request is the best alternative to dispose of existing 7e• o improvements in conjunction with the companion a, - Recorded Exemption. C] 0 APPROVED trjv Subdivision Exemption is approved in accordance with information submitted in the application and the policies of the County. The Department of o0 Planning Services has determined through its review that the standards of Section 9-3 E. of the Weld County Subdivision Regulations have been met. 0 O H 0 n o o ,ffi ° / By Y' iveR Date November 17, 1987 Current rr Plann r 871461 LEGAL DESCRIPTION GREAT WESTERN RAILROAD SE-325 A tract of land located in the southwest quarter of Section 21, T3N, R68W of the 6th P.M. , Weld County, Colorado, being more particularly described as ,.i oy follows: --Jr pp Commencing at the southwest corner of said Section 21; ,P Thence south 89°45'34" east 2076.21 feet along the south line of said southwest quarter to a point on the centerline of the Great Western Railway FT-) 0 Company main line track, whence the south quarter corner thereof bears south N 89°45'34" east 525.14 feet; z n~ N Thence along the centerline of said mainline track north 20°38'44" east IPI 1/40 t Iv 91 .46 feet to a point on the northerly right-of-way line of Colorado State c1 -4 Highway No. 66; F Thence along said right-of-way line north 89°41 '00" west 7.46 feet to the H Point of Beginning; Z ISs nCO Thence continuing north 89°41'00" west 88.51 feet; M No Thence north 00°56'44" east 118.66 feet; o Thence north 20°38'44" east 679.20 feet; n Thence north 45°56'44" east 93.60 feet; O 7J Thence south 69°21' 16" east 83.00 feet; [n v Mo Thence along a line that is 7.00 feet from and parallel with the centerline Eo Mo of said main line track, south 20°38'44" west 844.79 feet to the Point of Beginning containing 2.353 acres, more or less. ON) O (-10 O n' 871461 • ADMINISTRATIVE REVIEW FLOW SHEET / 9 CASE 0 •57115-25-- APPLICANT: (j./ LsY11,/Y /��1 REQUEST: < //di W/�, LEGAL: 4gl cee... 7 /� L/ - 3 --c.:(5?- r� LOCATION: /V�/'/A /91 4 IC 4,4)0,4l 2 /17/kr Wfst ��GS Date By Application received 2 g3 -27 Application complete - //:/'— 5 / 7 Letter to applicant drafted ` /J/n /T • Referrals listed /V /�j /J File assembled 11 _ 1a—$1 w� Letter to applicant mailed Referrals mailed // 1( nom Chaind ex ed 11 IP 87 ?c. DPS recommendation drafted // //_g7 /OS Administrative Review decision: /t/2-e-7 /7024 //—('; _-F7 /r1-3.History card completed n !g_R7 A / COMMISSIONERS' HEARING DATE: Date By Air photo and maps prepared Field check by DPS staff CC Action: CC resolution received History card completed Recorded on maps and/or filed ASK APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 10th .Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. Sr 32 .C 5 9 APPL. FEE 709, { ZONING DISTRICT e -3 RECEIPT NO. DATE --76, O2 y g/ APPL. CHECKED BY . TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 9-3 of the Weld County Subdivision Regulations by the Weld County Board of County Commissioners. General legal description of total involved parcel(s) A and B Section 21 T 3 N, R 68 W Has this property been divided from or haj divided from it any other, property since August 30, 1972? Yes No V FEE OWNERS OF PROPERTY: Name: Great Western Railway Address: 950 Taylor, Loveland, CO 80537 Phone (303 ) 667-6883 Name: -- Address: -- Phone -- Name: -- Address: -- Phone -- Total acreage of the total property involved: 2 .1068 Existing land use of the total property involved: Commercial Existing land use of the adjacent properties: North: Argiculture South: Argiculture 9 East: Argiculture West: Argiculture I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. STATE OF COLORADO ) COUNTY OF -WWbD"-D en me— knee WeitteX Sig ature: . Owner or Authorized Agent Subscribed and sworn to before me this 9\0' ' ay of ��� , 19 Si.D SEAL - d / - , No ary Public My Commission expires: "`_ Frit 0 • si • PROPOSED PARCEL -(TO-BE=SOL`-D)= LEGAL DESCRIPTION A tract of land located in the Southwest quarter of Section 21, T3N, R68W of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 21; thence South 89°45'34" East 2076.21 feet along the South line of said Southwest quarter to a point on the centerline of the Great Western Railway Co. main line track, whence the South quarter corner thereof bears South 89°45'34" East 525.14 feet; thence along the centerline of said mainline track North 20°38'44" East 91.46 feet to a point on the Northerly right-of-way line of Colorado State Highway No. 66; thence along said right-of-way line North 89°41'00" West 7.46 feet to the Point of Beginning; thence continuing North 89°41'00" West 88.51 feet; thence North 00°56'44" East 118.66 feet; thence North 20°38'44" East 679.20 feet; thence North 45°56'44" East 93.60 feet; thence South 69°21' 16" East 83.00 feet; thence along a line that is 7.00 feet from and parallel with the centerline of said main line track; South 20°38'44" West 844.79 feet to the Point of Beginning con- taining 2.353 acres more or less. • OVERALL TRACT BOUNDARY LEGAL DESCRIPTION A tract of land located in the Southwest quarter of `Section 21, T3N, R68W of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 21; thence South 89°45'34" East 2076.21 feet along the South line of said Southwest quarter to a point on the centerline of the Great Western Railway Co. main line track, whence the South quarter corner thereof bears South 89°45'34" East 525.14 feet; thence along the centerline of said mainline track North 20°38'44" East 91.46 feet to a point on the Northerly right-of-way line of Colorado State Highway No. 66; thence along said right-of-way line North 89°41'00" West 7.46 feet to the Point of Beginning; thence continuing North 89°41'00" West 88.51 feet; thence North 00°56'44" East 118.66 feet; thence North 20°38'44" East 679.20 feet; thence North 45°56'44" East 93.60 feet; thence North 20°38'44" East 359.98 feet; thence South 69°21' 16" East 20.00 feet; thence along the arc of a curve to the left (radius of said curve being 1840.10 feet, chord of said arc bears North 10°44'41" East 632.80 feet) a distance of 635.96 feet; thence South 89°09'23" East 37.14 feet; thence parallel with the East line of said Southwest quarter North 00°51'38" East 792.49 feet to a point on the North line of said Southwest quarter; thence South 89°42'33" East 50.00 feet to the Center quarter corner of said Section 21; thence South 00°51'38" West 1197.17 feet along the East line of said Section 21; thence South 20°38'44" West 1459.91 feet to a point on the Northerly right-of-way line of State Highway No. 66; thence North 89°41'00" West 50.13 feet to the Point of Beginning containing 6.849 acres more or less. REMAINDER OF TRACT LEGAL DESCRIPTION A tract of land located in the Southwest quarter of Section 21, T3N, R68W of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 21; thence South 89°45'34" East 2076.21 feet along the South line of said Southwest quarter to a point on the centerline of the Great Western Railway Co. main line track, whence the South quarter corner thereof bears South 89°45'34" East 525.14 feet; thence along the centerline of said mainline track North 20°38'44" East 91.46 feet to a point on the Northerly right-of-way line of Colorado State Highway No. 66; thence along said right-of-way line North 89°41'00" West 7.46 feet to the Point of Beginning; thence along a line that is 7.00 feet from and parallel with the centerline of said main line track North 20°38'44" East 844.79 feet; thence North 69°21' 16" West 83.00 feet; thence North 20°38'44" East 359.98 feet; thence South 69°21' 16" East 20.00 feet; thence along the arc of a curve to the left (radius of said curve being 1840.10 feet, chord of said arc bears North 10°44'41" East 632.80 feet) a distance of 635.96 feet; thence South 89°09'23" East 37.14 feet; thence parallel with the East line of said Southwest quarter North 00°51'38" East 792.49 feet to a point on the North line of said Southwest quarter; thence South 89°42'33" East 50.00 feet to the Center quarter corner of said Section 21; thence South 00°51'38" West 1197.17 feet along the East line of said Section 21; thence South 20°38'44" West 1459.91 feet to a point on the Northerly right-of-way line of State Highway No. 66; thence North 89°41'00" West 50.13 feet to the Point of Beginning containing 4.496 acres more or less. FILING EXEMPTION PURPOSE The ultimate purpose of the attached "Subdivision Exemption" is to transfer legal ownership of two contiguous parcels of ground in Weld County from the Great Western Railroad to the current lessee, Colorado Chemical and Fertilizer. Colorado Chemical has been leasing the property from the Great Western Railway since 1979 and was leased prior to that to Monsanto Company also as a fertilizer concern. The Great Western Railroad has fee simple title to the property. These parcels are currently designated C- 3 as set forth by the Weld County Planning Commission. Colorado Chemical would like to expand their operations in the future and in order to justify any additional capital expenditures would like to own the property outright. • • ATTACHMENT (A) BEFORE Parcel A: A parcel of land in the Southwest 1/4 of Section 21 , Township 3 North, Range 68 , West of the 6th P.M. , to wit: Commencing at the Southwest corner of said Section 21 ; thence North 89 21 ' East, along the South line of said Section 21 , 2 , 076 .35 feet; thence North 19 42 ' East 92 . 8 feet; thence South 89 21 ' West 96 . 0 feet, more or less, to the true point of beginning; Thence North 19 42 ' East 800 . 0 feet; Thence South 70 10 ' East 160 . 0 feet; Thence South 19 42 ' West 775 . 0 feet; Thence South 89 21 ' West 170 . 0 feet. . • . . L O I PLAN BEFORE (NOT DRAWN TO SCALE) + South 70 16 East + 169.0 ft great Western RR ! / • / / + / / + I / + / / + / / + / / + / I . + / / + / / + / + < + 1 10.0 ft + / + • North 14 42 E 1 / + 800.D it 1 / + / South 19 42 West+ / 775.0 ft + / / + i / + ! / + / / + 1 / + i / + ! 1 + i 1 + / ! + i I + / ! + / / + / ( ) + 1 / +10.0 ft + I / + I . / + • ' 5 69 21 N Great Western Rh 170.0 it + • • North R.0.W of HWY 66 • • . LT PLAN AFTER iNDT DRAWN TO SCALE) • South 70 18 East + 80.0 ft + 1 Great Western RR North 45 0 East - / + 93.59 ft - / + I - 1 + North 19 42 East / PARCEL B / South 19 42 Nest + 79.2 it /. / 165.0 ft * + 1 I + / 121.0 ft / < > + / N7018W / 90.0 ft + 1 / + iS 70 18 E 1 / 107.5 ft / + 1 I + / 1 + 1 / + / / + / PARCEL A 1 + i / + 1 / + North 19 42 E / / South 19 42 West 600.0 ft / / 685.0 ft + I / + + % / + • 1 / + North i / + 118.66 ft I ( ) + / 90.0 ft + i + S 89 21 W + 70.0 ft + . Great Western RR + Highway 66 • • • ATTACHMENT (A) AFTER Parcel A: A parcel of land in the Southwest 1/4 of Section 21 , Township 3 North, Range 68 , West of the 6th P.M. , to wit: Commencing at the Southwest corner of said Section 21 ; thence North 89 21 ' East, along the South line of said Section 21 , 2 , 076 .35 feet; thence North 19 42 ' East 92 . 8 feet; thence South 89 21 ' West 96 . 0 feet, more or less, to the true point of beginning; Thence North 118 . 66 ; Thence North 19 42 ' East 600 . 0 feet; Thence South 70 18 ' East 107 .5 feet; Thence South 19 42 ' West, 685 . 0 feet; Thence South 89 21 ' West 70 .0 feet. Parcel B: A parcel of land in the Southwest 1/4 of Section 21 , Township 3 North, Range 68 , West of the 6th P.M. , to wit: Commencing at the Southwest corner of said Section 21 ; thence North 89 21 ' East along the South line of said Section, 2 , 076 .35 feet to a point of intersection of the centerline of Lessor' s main line track; thence North 19 42 ' East on said centerline of main line track 1 ,260 feet; thence North 70 18 ' West 9 . 0 feet to the trul point of beginning: Thence North 70 18 ' West 121 . 0 feet; Thence North 19 42 ' East 79 .2 feet; Thence North 45 0 ' East 93 .59 feet; Thence South 70 18 ' East 80 . 0 feet; Thence South 19 42 ' West 165 .0 feet, more or less, to the true point of beginning. . mow • • • FEB l5oE . ...r, 14 81389 ,,a...,.wC. '. a, — I - Apo C;c_i.-: 7: _� D • • Ernest H. Kiteley, whose post office address is Route 1, Longmont, Colorado, Grantor, for the consideration of n the mutual exchange of lands, and other good ': o considerations, hereby sells andaqudo tclaims tosttooThehGe re t •' Western Railway Company, a principal office address is 1530-16th Street, t7 Colorado, 80202, Grantee, the following real "' situate in the County of Weld and State of Colorado, to- , dm wit: A parcel of land situated in the vat. of Sec. 21, t. T. 3 N., R. 68 W. of the 6th P.K., and being more ,. . particularly described as follows: Commencing at the Southwest corner of said Sec. 21 and considering the South line of said Section 21 to bear North 89' 21' 00" East and with all other bearings described herein being relative thereto; South line thence North 89' 21'00" East along of said Sec. 21, a distance of 2,076.35 feet, more • or less, to a point of intersection with the center- . line of the Grantee's main line track; thence North • 19' 42' 00" East along the centerline of the Grantee's main line track, a distance of 92.80 feet to a point of intersection with the Northerly right-of-way line Highway No. 66; thence South 89' -. along the North right-of-way said Highway No. 66, a distance of 96.00 feet to �� • the true point of beginning; thence North 000000 East, a distance of 118.66 feat; thence North 19 42' 00" East, a distance of 679.20 feet along a line that is 130.00 feet from the centerline of the Grantee's main line track, as measured perpendicular North 45' 00' 00" East, 93.59 feet; thereto; thence Nor �� a that is thence South 19'.42 00 West along a line. ! 90 feet fro= the centerline of the Grantee's main line track as measured perpendicular thereto, a distance of 875.54 feet to the true point of be- ginning; Subject to 1965 general taxes to be paid by the Grantor in 1966; No water, water rights, rights to the use of water, or ditch rights, are included in this deed, or other- wise; • • with all its appurtenances. - r In the event the Grantee, its successors or assigns, shall cease or fail to maintain and operate a railroad upon its right-of-way which adjoins said parcel of land above de- scribed for a continuous period of two years, then and in such event the said parcel of land and every part.thereof shall revert to the Grantor, his hairs and assigns, and in such event the Grantee, its successors and assigns, shall have the right to remove from the said parcel of land within a reasonable period after the expiration of the said two years, all structures, buildings and iaprovesentr which say hew been located, built or constructed thereon, the sass to be the ab- solute property of the Grantee, its successors or assigns. • Ernest K. Li ey STATE OF'SOLCDADO ) ' ) SS. . C0UtTTT AF !nut, ) • The foregoing instrument was acknowledged before ma this D th . dq of January: 1966, by Ernest K. liteley. Witness ,my hand and official seal. -My Commission expires: • F!y Ccmwssi:o cpims Dx 27,1467 • «,�„ ^ .•••L•C•Ci 34 tat x . PUnoG it/ N,�ffC • eo. FCO • . -2- • • RIGHT OP WAS DEED, • T1128 DFED,Nadr this 29th day of 4,prl],:A.D.,'19O5,by..and.bstween.xi111aa J.Kitel.y and r._ . J- .,,i,yy`r�a:a. J ,.rF. ••`pu0YD15:\�,1�-�KI'v: Margaret C. Eitaley, his wife, of thp';O ed' o ratf i .f0.ler'ads,sr the first part and THE NORl9SRf'r.00F8T •_. . ,,t.• .. '.S-ry.4'^tS't a-� .� +."�S,s'�3L •? in:4 •_i4riar•�•... .. .. RCCTIOX.00iD'A� ere���e,�,� _ �7 virtue • . .� ...h;}T.•.: p:l!t q.. . �J .t';r:'h� ^'"'"r♦ � «4.1. . ;IL ::t. • of the laws ef, the etatem of as1 et-ia*'a r,,4?d`,-02••r �" • :.t.!•.�a:l:'.; ".eatTJ� Aan'A:,'.k", 'D ieS._:'!'4 ArrKssssrniiThatib:.:aad p. c17v#A,4 4 "° ,, ` ,,1ca., .S a . .' • . 1' t . r .st+ luti;TJTer ! x.4"..0 4- . ,.•�lro f6 o • Five Rtadred (6500.1!),Dollars;aril eoowt=uet�en sitf usi qe.7 s �vJ .SL♦ ` RSIL't:f,r't' n : Ana11M1•:a t �' "'j▪ s rid/ ' .I, r tr )� 'I.' Snge; to the parties,of tbs Sint part,is hampa1Q ni M04 thee Dal re. ! : 6 ' • •.• v. ':t....�rs5 . y.•.q ttele rt1 % -4•%4 4?.p o .,�,. •0 � rrg..t 4',tn )� r: -aeipt wharsoi<:ixoopt4to the ditch .c essings.Se hentp'eenfeae .*1 aslsarl ' ties of the firrLprt,have ,realm ad released,.old eentgad.fnd.gniteleiaid Wotiiupf�yr! do remise,release,ssll,emvey and quit-skim unto the'said party;,of the eseend pert its wae000- Et, sore and aasigns,forever,all the right,title,intsrost,olaSs and demand 'shish tthtaaid•partlei^:. ; _ .... • of the first tart have in and to the following deeoribed piece and parcel of. 1sad,aitoate,],riag j': and being in the County of Weld,in the flats of Colorsdo,trwit; !,ti. . j •A strip of land through,over and across the soutbwest quarter (8.14) et elation Twenty- one (21),Townehip Three (3),Rorth,Range sixty-eight,:(68) Jut • the Sixth principal-meridian:, described as follows: • Beginning at the center of said section Twenty-one(21); thence taut on half seetian Fifty (50) feet; thence south fifty (S0) 'Tot from and parallel to the half seaUim line,six _ hundred and ninety one (6911) feet to %paint of cone..to the right whose radius Iseighteen: >;`z= • hundred fort and one-tenth (1540.1') feet; thence on said curs® six huadred-andthirty`7rae . (631v)feet to s paint of tangent. thence north sixty-mina degrees,forty-four Manatee meet (N 69• . _ 44' w) twenty (20) feet; thence south twenty degreesisixteem riet•.(S.20!:16!-R) ninety (90') feet from and parallel to the• center line of The Great Western Railwa7,ta"now.earveyed and looated,fourteen hus.dred thirty—six (1436') feet to the south line of maid &eitisa twenty—sue (21); thence East•tn section line one huadred,fifty' (150')"•'feet-to a point five hsndrodrtaeaty— ,c;_ two (522') feet west of the south quarter corner; thence,north twenty degiees,slstiw% Pflee c .;.``• east (20. 16' .E) forty (40) feet from and parallel to the center line of The Greet xeetSrI all • wsy,ee now surveyed and loaated,fifteen hundred and forty-five (1545!) feet'te .tbe North South half-section line; thence North on half section line twelve hundred.feK.(1200!)'tiiplaeeZ ".;3• f of beginning. • : - • • :� .r .�_; ._;,'yr' : 2:: `?.•c} F Also 'A strip of land Eighty feet (90') in width situated in the forthwest..quarter,(N.i4}:f` ;i of section twenty-sight (25),Tewnship Three (3),Forth, Range eln.'-elgtt (65), !Ian. er the..'.81xt • Principal Meridian be f (40') feet an 'soh"•qi:U of the seater.lino ef..The Great Ssete `'?,tt; - , Sag arty •:, : .;::.:_ :. ... .. •,:•. : Railway as now surveyed and located,said center line being describe si •follacu,.:teutt; i-�� �•f�j Beginning at a point on the Forth limo of said Segticn Swesty-tight• (211)s.Al•We smdtM,r ,pv_v; Seventy (570') feet vest of the•Fort aai-'s h,quaytit oomerr-the ' . see'. :µ. . minutes lost (20. 23' x.) Fin hundred (5001) !eat..• ^°i•i'- i_s��`•:'3"`" rk""`j: =..�+s.' •F rr. . - . . • .. . - • 'Se.:..1.trL.:.�S L:3:�ylw!;4'bitm`.'art:_ TO HATE AHD TO EWLD i the saas,togeihlr,with all,•bad.cis+, %' r';khg 3 fl. It e and privileges theremato belmging er 1q grQ' wisalth!zeagte of 1, r{T�' ,w:'1rZ" 1 S t' r'• ;ex....i C 1 6,rJ `t 5 6e ��. R .�i r • �*<.: r°41••C'+iN F��Si'a-1�1 i e • • Form No.1343(C0-B7)UTG ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY UNITED TITLE OF GREELEY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company,through its agent, United Title of Greeley, referred to in this Agreement as the Agent,agrees to issue a policy to you according to the terms of this Commitment.When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: • The Provisions in Schedule A. The Requirements in Schedule B-1 The Exceptions in Schedule B-2 The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. UNITED TITLE COMPANY OF GREELEY 801 EIGHTH STREET • SUITE 140 GREELEY, COLORADO 80631 (303) 356-3200 First American Title Insurance Company r1\T LE INS4 htir � 994 III, 4 • v. P(1 FQ •. n if i e • O , • r" S. BY PRESIDENT • m • o in • n f f r o S a • • SEPTEMBER 24. l • ,,// /J fI, a' MB ATTEST 11/.42...... G, 7 i., SECRETARY • . k�MM�...�� BY ir; 2CTERSIGNED • Form No 1344-AiCC-87)Fee Simple ABTA Piam Language Commitment SCHEDULE A 1. Commitment Date: November 2, 1987 at 7:45 a.m. Commitment No. U-1297 Ref. No. K 3627 2. Policy or Policies to be issued: Policy Amount (a) Owners Policy S . TBD Proposed Insured: TBD (b) Loan Policy $ Proposed Insured (c) Proposed Insured: $ 3. The fee simple interest in the land described in this commitment is owned, at the Commitment Date by The Great Western Railway Company 4. The land referred to in this Commitment is described on schedule C. PREMIUM: Owner's Policy $TBD MFH/msr page 2 • • • (STANDARD) SCHEDULE B -Section 1 U-1297 Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. • (c) The following documents satisfactory to us must be signed, delivered and recorded: NONE • • Form No.1344-B2(CO-87, ALTA Plain Language Commitment No. U-1297 SCHEDULE B - Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easements or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public record. 5. 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. 6. Taxes for the current year, including all taxes now or heretofore assessed, due or payable. 7. An Oil and Gas Lease, from Great Western Railway Company, as Lessor, to Barrett Energy Company, as Lessee, dated January 10, 1983 and recorded June 2, 1983 in Book 998 at Reception No. 1928960. 8. Terms, agreements, provisions, conditions and obligations of a Lease from The Great Western Railway Company, executed by Colorado Chemical & Fer- tilizer Co. , as Lessee, recorded February 25, 1981 in Book 929 at Reception No. 1850532, and re-recorded July 1, 1985 in Book 1074 at Reception No. 2015335. The following numbered exceptions may be eliminated in the policy to be issued under Schedule A, Paragraph upon fulfillment of the requirements specified under Schedule B-1. page 4 • Form No.7056-C-C(CO-67) ' • SCHEDULE C The land referred to in Schedule A is situated in the State of Colorado, County of Weld and is described as follows: A tract of land located in the SW1/4 of Section 21, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Commencing at the Southwest corner of said Section 21; thence South 89°45'34" East 2,076.21 feet along the South line of said SW1/4 to a point on the center— line of the Great Western Railway Co. main line tract; whence the South quarter corner thereof bears South 89°45'34" East 525. 14 feet; thence along the center- line of said mainline track North 20°38'44" East 91.46 feet to a point on the Northerly right of way line of Colorado State Highway No. 66; thence along said right of way line North 89°41'00" West 7.46 feet to The Point of Beginning; thence continuing North 89°41'00" West 88.51 feet; thence North 00°56'44" East 118.66 feet; thence North 20°38 4East 679.20 feet; thence North 45°56'44" East 93.60 feet; thence North 20°38'44" East 359.98 feet; thence South 69°21'16" East 20.00 feet; thence along the arc of a curve to the left (radius of said curve being 1,840. 10 feet, chord of said arc bears North 10°44'41" East 632.80 feet) a distance of 635.96 feet; thence South 89°09'23" East 37. 14 feet; thence parallel with the East line of said SW1/4 North 00°51'38" East 792.49 feet to a point on the North line of said SW1/4; thence South 89°42'33" East 50.00 feet to the Center quarter corner of said Section 21; thence South 00°51'38" West 1, 197. 17 feet along the East line of said Section 21; thence South 20°38'44" West 1,459.91 feet to a point on the Northerly right of.way line of State Highway No. 66; thence North 89°41'00" West 50. 13 feet to The Point of Beginning. C/��7r� 156, 4 • page 5 N0 6 1987 Weld co. Iaenieg Card IISSieH UNITED TITLE OF GREELEY INFORMATION I • • The Title Insurance Commitment is a legal contract between you and the company.It is issued to show the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you against certain risks to the land title,subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form,if you ask. The Commitment is based on the land title as of the Commitment Date.Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements,Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued,Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1—Requirements 3 SCHEDULE B-2—Exceptions 4 CONDITIONS other side 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment,please contact the issuing office. Hello