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HomeMy WebLinkAbout900226.tiff RESOLUTION RE: APPROVE PLOWING PERMITS NO. 90-1 and 90-2 AND COLLATERAL AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Equus Farms, Inc. , desires to obtain a Plowing Permit to cultivate certain grasslands described as part of the SE$ of Section 22 , part of the SW$ of Section 23, and part of the NW} and part of the SEI SEj of Section 24, all located in Township 4 North, Range 62 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Equus Farms, Inc. , also desires to obtain a Plowing Permit to cultivate certain grasslands described as part of the SW* SW} of Section 19 and part of the NW* of Section 17, all located in Township 4 North, Range 61 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, pursuant to Ordinance #108—A, Equus Farms, Inc. , has submitted proof of collateral in the form of Performance Bonds in the amounts of $7, 023.00 and $4 ,158 . 00 , and all other pertinent documents necessary for the issuance of a Plowing Permit, and WHEREAS, the $7 , 023. 00 and $4, 158 . 00 were submitted as collateral for 234 . 1 acres and 138 . 6 acres, respectively, on the basis that a total of 372 . 7 acres covered in the Conservation Plan will actually be disturbed, and WHEREAS, Equus Farms, Inc. , has also submitted the required permit fees in the total amounts of $253. 41 and $243.86 , respectively, and WHEREAS, the Board deems it appropriate to approve the issuance of Plowing Permits to Equus Farms, Inc. , for those grasslands described in the approved Soil Conservation Plan, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Plowing Permits No. 90-1 and 90-2 be, and hereby are, issued to Equus Farms, Inc. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Plowing Permits. 900226 Page 2 RE: PLOWING PERMITS - EQUUS FARMS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of March, A.D. , 1990. BOA D OF COUNTY COMMISSIONERS ATTEST : e ,J WE OUNTTY, COLORADO Weld County lerk and Recorder /(i and Clerk to the Board Gene R. Brantner, Chairman `- 6Yi J �J Geo ge Kennedy, Pro-Tem �O eputy County 1 rk -P II Constance L. Hafbet APPROVED AS TO FORM: Constance L. Ha be t Ce---7-L° ,, ,,V-12:4/ C.W. Kir y County Attorney Z� � Gor L 900226 0 0 J -t Q N r 2, W r9 to a H '.0 `n S W iJ H ILL o E a cn fU P ¢ C o . • NI c° >.00 cc 0"' V Lu,- a H W co N El F0 LL �v In2cg W . E-I v ii 30 ?o a \ Ou. Eoc 0 l ccnn 0 LL T Nm ft' N vr cn CJ ? d NH ! CA W a v o d o c E 2 P Ln Z g w n m v? vm b o o [t] Ln Fa O En ¢ cr 9 al? I- a S861.Gaol` `00BE cwod Sd F E 'Cm w m �mm m W ✓ m r 0 .°, m R m mL m V • pa m ¢m m cc n c?« ≥ o m` v • ZO 7 o mdm m"� O mw u V 4 Ou O m` w m-- W cc y it- m\ c O Qti 0 S «m c m a m w r m'g la o ado ¢.., ; 1 ° y m c0 m6 O E «.6 ❑ 2c•\_ N m v 1 w 9 i d m E • mcn m '.m-. m a cm m I m mm N E a O m c •`4(..„...\)%75 o m x m c a a, u ii«m m <V. n U w ril a t t Nad N Q '❑ ❑ m aom F- a o CD b N m 9 mmm C m m9U m c y')> M m 'Oy m r d N m lsi W 33m'0 0 L• °tog. O 3 u«°ta N at, .c N 6V«mmd 9 O re-07D-et. A F 03• ode H N (S 22mmVP Cn t\ EO'm Om m.Te N E 7r«c m"..1 U . O m 1 w~-«= z F N m • ¢om90 « I-1HWO Ma ] CO CO m o ` I 2220 °i cn E o c c 2 ig20 v cHn CW x U I I - I- ECy mlt4 < W - e W Gv wao s 0 P4 CI) ,—I W 4-. G lY! I Z o5m 020 u W D C E con�av O❑ Q OO' n W N c/1 O O om K. w q W • aw«ar- •of X co X d 9002z6 OT NANCE NO. 108-A PERMIT NO. „ , PERMIT FOR PLOWING GRASSLAND APPLICANT NAME: Fu;; ADDRESS : 7t Ytvot . ` r er `-c r LEGAL DESCRIPTION OF GRASSLAND (S) TO BF CULTIVATED: .. c f 0 . - rc «ut n' ec . n 7 c . ow t ' iH'ACH FOLLOWING: APPROVED SOIL CONSERVATION PLAN, ALL MAPS AS REQUIRED BY ORDINANCE 108-A, AND PROOF OF OWNERSHIP OF GRASSLAND (S) OR, IF LEASED, PROOF OF AUTHORITY TO CULTIVATE. PERMIT FEE: $240 . 00 for the first 100 acres = $240 . 00 10C per acre thereafter = Total = COLLATERAL: (Must be in the sum of $30 . 00 per acre. ) Approved by the Board in the sum of $ PERMIT AND COLLATERAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF nWnE�LD COUNTY, COLORADO ON THE , DAY OF , 14O6: ,. Landowner or Lesyee By: ,J. i I w ,( 1 1/rK �r Chairman DATE: � ,f ATTEST: , (QA wnJ Weld County '•Clerk and Recorder and Clerk to the Board / SEALY r t k., DeRuty County Clerk This Permit is issued pursuant to Ordinance No. 108-A adopted by the Weld County Board of County Commissioners on March 11 , 1986, and requiring the issuance of permits for the plowout and cultivation of grassland (s) . Pursuant to said Ordinance, the Permittee is required to follow a conservation plan approved by the local Conversation District Board , must pay all applicable fees pursuant to Ordinance 142 , and must submit collateral in an amount as set by Ordinance 142 . Said collateral must be approved by the Board prior to the issuance of this Permit. B 1258 REC 02207670 03/13/90 15: 14 0. 00 1/057 F 0463 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PURPORTED COPY 900226 Rev 4/1/86 • Z'ownshiP rV..— , Range. . . z •t : -: . . , County "---:`.:'...' -.0ct _ .State ORDINANCE NO. 108 PERMIT NO. 1 I I I ...+.. _..._ . I 9 • I I I i I i l _ I I _ _ __ ._ _ _ ' I j I i II i ` ; I j. Ii - --.. ...._ i 1I.................. i ii I I .�, i 11 I I I • • • _-n-.._ I I_... i I - i 4 T :' ._. ,1 .f I, . I1 • 1 fli F` .�__�_. —ll YS _—..r---— I 1 . t I • I I I • c _-- -- I.-_.... i ia • J I i FORM 5O F" 900226 WELD COUNTY COPY 180-040 4-31 SOIL AND WATER CONSERVATION PLAN EQUUS FARMS, INC. Robert Stovell, Mgr. Cooperator West Greeley Soil Conservation District Assisted by UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Debrah Sherman SCS Greeley Field Office Range Conservationist 900226 _ U.S. D epartment of Agriculture cpa63.doc (HAL) 10/39 N , I _U a n s a rvtt l 6M nary: -4 - .T. -r r-:o , a orr : �c : Page 1 of 4 RECORD OF COOPERATOR'S DECISIONS AND PROGRESS IN APPLICATION OPERATOR: Equus Ranches, Inc . MANAGER: Robert Stovell FARM NO. : 5911 TRACT NO. : 5007, 5008, Unnumbered == : I PLANNED : APPLIED I LAND USE: Irrigated Cropland : FIELD : . : I TREATMENT: Conversion of Rangeland to : NUMBER: Amount Yr : Amount M/Yr : Cropland, incl . Pasture/Hayland : I ' , , : 1 Minimum Tillage I I ' :T5007 I : I Fields will be planted to alfalfa or : 3A : 94.2 ac 90 1 1 to other perennial forage or hay crops.; : 3B 1 1 .2 ac 90 1 I Fields will remain in perennial cover : 3C 1 2.4 ac 90 1 : until stands are no longer productive. I I I I Stands will be renovated by planting :T5002 ; 60.0 RV++L ; : fields to annual crops then returning : 4A : 52.0 ac 9!0! : 1 to perennial cover. The years a field : 2D : 9.0 ac 90 1 1 is in an annual crop should not exceed 1 2E 1 89.3 ac 90 1 1 the number of years in alfalfa. Annual : 2F : 7.0 ac 90 1 1 crops may consist of 75-100% high : ' • I residue. : Unnumb : 1 1 1A 1108.6 ac 90 I 1 After harvest of high residue crops, ' : : : : crop residues are left standing to 1 : overwinter (subsoiling/chiseling may I be done in the fall leaving a rough 1 1 surface for overwinter) . After harvest 1 1 of low residue crops, subsoiling/ : : : : chiseling will be done in the fall ' I leaving a rough surface for overwinter. : 1 : ' Seedbed preparation is completed in thel : spring. High residue crops may be : : : ' disced under before planting. Low 1 residue crops should not be tilled. At : : : : least 30% of the residues from the pre— I : I : 1 vious crop should be left on the soil , : I : surface after planting. . , : I , 1 1 Manure will be applied at a rate of 1 1 15 to 20 tons/acre after harvest of each annual crop. , Herbicides may be used throughout the : : 1 cropping sequence. Moldboard plowing is : I not considered to be a part of reduced . I 1 tillage operations. , ' , . : : : ' TOTAL AC. IN PLAN 372.'1 1 1 HIGHLY ERODIBLE LAND(HEL) AC. 372.1 * The application and maintenance of this conservation practice is required for compliance with the Food Security Act of 1985. 900226 U.S. DEPARTMENT OF AGR: 11 IRE cpa.68doc (HAL)1O/89 Soil Conservation Service Greeley Field Office Page 2 of 4 RECORD OF COOPERATOR'S DECISIONS AND PROGRESS IN APPLICATION OPERATOR: Equus Farms, Inc . MANAGER: Robert Stove ! ! FARM NO. 5911 TRACT NO. : 5007, 5008, Unnumbered PLANNED I APPLIED 1 Land Use: Irrigated Cropland FLD # ; ; : Treatment: Standards and Specifications 1 Amount Yr 1 Amount M/Yr 1 #323, #329, and #449 1 , , Conservation Cropping Sequence (328) IT5007 ; . I The cropping sequence will consist of 1 3A 1 94.2 ac 90 1 1 a balanced mix of crops , legumes and : 38 1 1.2 ac 90 : I perennial grasses which will serve to ' 3C 3.4 ac 90 1 1 protect the soil from wind and water, ' I 1 eros i on. :T5008 : 6 0,0 °''"t ; 1 1 4A 1 5?-.0. ac 90 1 1 1 2D 1 9.0 ac 90 1 I Conservation Tillage (329) 1 2E I 99.3 ac 90 : , 1 2F 1 7.0 ac 90 1 : Tillage will be planned such that at 1 I 1 1 least 1000 pounds Sge will remain on IUnnumbl I 1 the soil surface during the critical 1 1A I 109.6 ac 90 1 1 wind erosion period. At least 30 X of ' , 1 crop residues will remain on the soil I 1 j 1 surface after planting. I I I I , I , . , I 1 I 1 Irrigation Water Management (449) , , , . • . • , 1 1 Irrigation water will be scheduled I I I I to: conserve water; minimize deep 1 , 1 percolation and leaching; increase I 1 production; and minimize erosion and 1 I sedimentation. , : , , I , , I I , , 1 , ' ' . 1 I 1 ' ` • . - 1 1 1 1 TOTAL AC. IN PLAN 372.''' 1 I 1 HIGHLY ERODIBLE LAND(HEL) AC. 372.11 * The application and maintenance of this conservation practice is required for compliance with the Food Security Act of 1985. 900226 J.S. DEPARTMENT OF AGRIt,,J1 IRE - cpa.68dac(HAL) 1 cO/39 Soil Conservation Service Greeley Field Office Page 3 of 4 RECORD OF COOPERATOR'S DECISIONS AND PROGRESS TN APPLICATION OPERATOR: Equus Farms, Inc. MANAGER. Robert Stovell FARM NO. 5911 TRACT NO. : 5007, 5008, Unnumbered : PLANNED : APPLIED : Land Use: Irrigated Cropland FLD # : I I Treatment: Standards and Specifications : Amount Yr : Amount M/Yr : #511 and 11 512 . . . . I . : : Pasture and Hayland Planting (512) : : : 1 'T5007 : : : Fields will be planted to adapted : 1 3A I 94.2 ac 90 : 1 perennial forage species including but : : 3B : 1 .2 ac 90 : : not limited to alfalfa. Seedings may : I 3C : 3.4 ac 90 1 : consist of a mixture of grasses and : : : legumes. Seedbed preparation will be 'T5003 : : done using minimal tillage operations : : 4A : 60.0 ac 90 : : and pasture species will be seeded into ' : 2D : 9.0 ac 90 : : existing stubble whenever possible. A : 2E 89.3 ac 90 : : cover (nurse) crop may be substituted. : I 2F I 7.0 ac 90 : : Stands will be irrigated to hasten : : 1 establishment. Grazing or haying will :Unnurab : : : be delayed until the stand has become : 1A 1 103.6 ac 90 ; 1 established. Weeds will be controlled. : I : : Annual forage species will be planted : • ' 1 on T5003, field ZD for wildlife cover : : : and food. This field will not be : : : grazed or harvested mechanically. Field ; ' : : 12F will be seeded to perennial grasses : ' to control erosion and the forage will : : not be harvested. The corners around ' : 1 the pivot in field 1A may be seeded to : ' : : perennial cover for wildlife use by ' , : : interseeding and will not be tilled. : . , . , . . , , : : ' Pasture and Hayland Mana ement (510) ' I : ' Pasture and hayland plantings will be : : : managed to promote stand longevity, ' I : forage productivity and to reduce soil : 1 erosion. If grazed, at least 3 inches : I : 1 of stubble height will remain after : : : grazing. If hayed, the last cutting : ' : : 1 will be timed to allow a 2-4 week ' . ' : : recovery period before the first frost : ' : and remaining stubble will be at least : : I three inches in height. . 1 : . • : , 900226 I : 1 TOTAL AC. IN PLAN 372.1 I : : HIGHLY ER'JD ICLE LAND(KIEL) AC. 072.1 * The app l i cat i ._n and maintenance of this conservation priri: i re i SCS Greeley Field Office Page _ of /__ ( Rev . 1 /89 ) CONSERVATION PLAN FOR PLOW PERMIT Name :4Q L �].E Z=V5'—_F5i[l�GtntS 5007 card 5003 unutta 42& 'cL--+!Zct i [,2 Q See. 17, 77/a Total Acres in Plan _siZa __, Highly Erodible Land (HEL) Acres __s ****************************** I (we ) concur with the conservation practices and installation schedules for all fields indicated in this conservation plan , and understand that when the conservation system is applied to the land and maintained , it will meet the requirement of Weld County Ordinance No . 108/108A and 1985 Food Security Act for conservation compliance . LANDOWNERS SIGNATURE Date Date Date Date z LAND OPERATO �7-� _fG SIGNATUP, __ _ _ Date ****************************** USDA-SCS TECHNICAL ADEQUACY CERTIFICATION I certify that this conservation plan meets the requirements of Section II of the FIELD OFF E TECHNIC GUIDE. Date Ronald D . Miller SCS District Conservationist Greeley Field Office FEB I2 KM Planning Assistance Received from JL ( signature ) Date ****************************** WEST GREELEY SOIL CONSERVATION DISTRICT CERTIFICATION This conservation plan was approved by the Board of Supervisors . FEB 12 I* 3 -____Zr t11,_ +CS t-A4- Date i/ p4iltv,r-Dau,,,gartHrp , President ove-E;ty 900226 a1, v-- ns., if I v }i . WI 411tai• ��t 1ItIr11 / 1 ttu 'A' it; f, ii l{' + 1-., I 1 , 1 rMf } T hY 11 V 9 r:" 1 '9' ,1. ! 't 1 iY 1 1 .i I+ 111�t 91+1�: t1 rill' av I� rl • ���� tr, 4; -;:)Pict. f+ 5-a t S 1' 1>• 1 v ..11 r 5- y{ 1 ( + 7�-�y��,�� .I p 1 + •''' '1:411'415251311.0..:1P..../...;; +� "g1` l rrli•15 '.A-ll 1 1 l 11 t Al1rtty{f+ .. 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" ' • ,S lY ia�+ ri rl 4i" ri w r rrr Vilr�rc rl ( fi tj t.is' .• '}'I'''''' I h L. t 1' / 1;is y 4v t4,.,, i ,yt„" 1x''yi tr b / ., Y 1 , �� 1 ., ��tr'��i �• rPF"i lr� , ti f, hti { �2J� l.„..-,,-.L....,. ?) i J 1b 1 ?Jr; J' J + b e y , i it 1" rr �� �41 f - , +Ir P 1 n ,{ "I r r a, \"S ,ttr ....Pr i/• r . .aF.,,.� ;r . h'�^_•_...--`...,.. , I ''''r.., . y .5 BJ:'! ` �.Wf • 7i `�wz. t A ' VI firrg' U.S. DEPARTMENT OF AGRICULTURE �7 /�/ /�WZ (� R SCS-CPA-16 ' t4aWti SOIL CONSERVATION SERVICE_ 2 -E1 + 41,11CONSERVATION PLAN MAP 1 '`ec. i}I Owner Q�LILLC PA/eMS/ /1 C Operator ,SCWri_Q ` `' , County LeiePd State CO' ' Date i3//90 Approximate acres Approximate scale gi = /-n- - r ,'dal Cooperating with it )o.at (ra?A 0 01,/ Conservation District rt3 n Plan identification r-- & -r rt Photo number 1�02� r`I' Assisted by rt rrn aka f USDA Soil Conservation Service b .br Ate^ • "ti!:,:',!.:,Ir 'r,tl •,..4.2:•,. : . l�! I S I yS.r'r k 'ti ! '%' ,� '.h t', ` ,Y aJOO226'' , ..,..,,:‘,..::',':•",.': ., , v, UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service Colorado Technical Guide Section IV All Field Offices April 1988 STANDARD AND SPECIFICATION CONSERVATION TILLAGE (Acre) 329 STANDARD Definition Any tillage and planting system in which at least 30 percent of the soil surface is covered by plant residue after planting to reduce soil erosion by water; or, where soil erosion by wind is the primary concern , at least 1 ,000 pounds per acre of flat small grain residue— equivalent are on the surface during the critical erosion period . Purpose To reduce soil erosion ; help maintain or develop good soil tilth , efficient moisture use , and water quality ; and provide food and cover for wildlife . Conditions where practice applies On all cropland or on other lands where vegetation is to be established or reestablished , and where adequate plant residues are produced . Applies to rotations that include fallow periods as well as systems of annual cropping . Planning Considerations 1 . Leave crop residues standing as long as possible prior to the succeeding crop to trap blowing snow, residue , and soil erosion by wind and water. 2. This practice is most effective when carried out in conjunction with other practices such as strip cropping, terracing and contour farming . 3. Do not operate tillage equipment at the same depth each year . 4. Do not till soil that is too wet or over 70 percent of field capacity to avoid excessive compaction. 5. Use approved herbicides for weed control in place of tillage when appropriate . (Page 1 of 6) TGN #231 (Rev . 4/68) 960226 6. Break up tillage pans, as needed, by chiseling or subsoiling to penetrate restrictive layers for better root and moisture penetration . 7. Continuous back—to—back planting of the same crop may lead to a buildup of some disease organisms. Close monitoring should be performed . Alternating crops can reduce disease problems. 8. Banding fertilizer below and to the side of the drilled seed usually results in the highest use efficiency and reduces availability to weeds . Fertilizer that is broadcast is equally available to the crop and weeds . 9. Operate machinery at a speed that will not unduly pulverize the soil or bury residue . 10. With a no—till system, develop a straw and chaff management program to reduce plugging of drills, reduce allelopathic (toxic) effects , improve herbicide activity , reduce rodent populations , and promote uniform stands of crops. Combines or other harvesters should be equipped with straw and chaff spreaders to uniformly distribute crop residue . 11 . Seed placement in conservation tillage is very important. Seed must be placed at a uniform depth with the seed firmly in contact with the soil . When needed , drills or planters can be equipped with straw straighteners ahead of the openers to keep residue away from the seed zone . SPECIFICATIONS A. To prevent erosion by water, a minimum of 30% of the soil surface will be covered by residue after planting . B. To prevent erosion by wind , maintain at least 1000 lbs of flat small grain equivalent on the surface during the critical wind erosion period . C. The goal should be to reduce soil loss by water and wind toward the loss tolerance established for that soil . Note : It is useful to use the USLE and WEQ (not added) to determine how much residue is needed to control erosion but because of the definition , the 307. cover or 1 ,000 lbs . of SGE is all that is needed to meet the requirements of the practice . (Page 2 of 6) TGN #231 (Rev . 4/88) 900226 Table 1 — A Guide for Approximate Residue Left After Each Operation Approximate Residue Left After Each Operation Spraying (for chemical fallow) 100% Undercutters , sweeps 24" or wider 90% Drills , Disk 80% Drills, Chisels 90% Cultivators , 14" — 22" low 80% crown shovels Cultivator with 8" — 12" shovels , 80% Rodweeder with shovels 85% Chisel plow Straight points 75% Twisted points 50% Tandem disc , one—way & offset disc 3" deep 30% 6" deep 10% Moldboard plow 0-10% Overwinter weathering 75-85% Example : A field with 3,000 lbs. per acre residue . First trip: cultivator with chisels , 3,000 lbs . x 75% = 2250 lbs . Second trip : cultivator with chisels , 2250 lbs x 75% = 1687 lbs . Following operations would continue to reduce the residue . D. One of the following conservation tillage systems will be used : 1 . No—till or slot planting The soil is left undisturbed prior to planting . Planting is completed in a narrow seedbed approximately 1 to 3 inches wide . Weed control is accomplished primarily with herbicides . Residue from the preceding crop is to be retained on the soil surface with the exception of that buried by the drill . (Page 3 of 6) TGN #231 (Rev . 4/88) 900226 2. Ridge—till ( includes no—till on ridges) The soil is left undisturbed prior to planting. Approximately one—third of the soil surface is tilled at planting with sweeps or row cleaners . Planting is completed on ridges usually 4 to 6 inches higher than the elevation between the rows . Weed control is accomplished with a combination of herbicides and cultivation . Cultivation is used to rebuild ridges . 3. Strip—till The soil is left undisturbed prior to planting . Approximately one—third of the soil surface is tilled at planting time . Tillage in the row may consist of a rototiller, in—row chisel , row cleaners , etc . Weed control is accomplished with a combination of herbicides and cultivation . 4. Mulch—till ( includes stubble mulching) The total soil surface is disturbed by tillage prior to planting. Tillage tools such as chisels , field cultivators, discs , sweeps , or blades are used . Weed control is accomplished with a combination of herbicides and cultivation. 5. Reduced—till I' Any other tillage and planting system not covered above that meets the 1000 lbs . flat small grain equivalent for wind erosion control or 30 percent ground cover for water erosion control . E. On cropping sequences where tillage operations are permitted : 1 . Subsurface tillage equipment such as sweeps or rod weeders should be used to keep the residue on the soil surface . 2. On soils that tend to crust, or have some slope , a chisel operation across the slope may be needed after harvest to increase water infiltration and reduce soil loss due to runoff . 3. Chemicals may be used to aid in reducing or eliminating tillage operations . Use manufacturers labels or Colorado Pesticide Guide — Field Crops for specific rate recommendations . The following options are recommended. a. Fall sweep (4 inches deep) plus Atrazine . Fall sweep immediately (within two weeks) after wheat harvest to kill (Page 4 of 6) TGN #231 (Rev . 4/88) 910226 existing vegetation . Atrazine or Glean applied immediately following fall sweep should control weeds until the next planting season. An application of a burndown herbicide such as Roundup or Paraquat may be necessary if moisture does not become available to activate the residual herbicides . b . Apply a combination of non—selective contact or non— residual herbicides (such as Paraquat or Roundup) plus Atrazine , Banvel , or Glean to kill existing weeds and for long—term control . Keep summer tillage operations to those essential to control weeds . c . Contact herbicide such as Paraquat plus Bladex , Igran or other short residual (45-60 days) may be used for spring application to eliminate early spring and early summer tillage . d . 2,4—D Butyl Ester plus Atrazine , Igran, or Bladex are economical alternatives if approximately 90% of the fall weeds are broadleaf . F. For no—till cropping sequences: 1 . Conventional tillage operations will not be used to control volunteer crop growth or annual forbs and grasses . a. Wheat—fallow (chemical only) — Use of chemicals to eliminate tillage operations . The following is required. 1 . Contact herbicides , such as paraquat or Roundup , plus Atrazine , Glean or other residuals and tank mixes such as Atrazine—Bladex and Atrazine—Igran shall be applied immediately following harvest to kill existing weeds and give long—term weed control . 2. A short residual herbicide may be used for spring application if necessary to control weeds to substitute for tillage operations normally used. 3. A slot or no—till planter or grain drill shall be used that will disturb not more than 25% of the soil surface . b . Corn , sorghum, and small grains (chemical only) . Use of chemicals to eliminate tillage operations in irrigated cropland or annual cropping systems . The following is required . (Page 5 of 6) TGN #231 (Rev . 4/88) 960226 1 . A contact herbicide plus Bladex , Igran or other short residual (45-60 days) may be used for spring application if needed to control weeds to eliminate early spring and early summer tillage . 2. A slot or no—till planter or adequate grain drill shall be used that will disturb not more than 25% of the soil surface . 3. Atrazine may be used in a wheat—sorghum—fallow or a wheat—corn—fallow sequence following wheat harvest. G. Farmers must be aware of the hazards involved in using residual herbicides . 1 . Caution must be exercised in use of atrazine on soils with a high pH and label directions need to be followed carefully . 2. Caution should be taken when applying long residual herbicides annually so no overlap or carry—over effect of chemical occurs . 3. Generally a minimum of 20 gallons of water, preferably 30, will be needed to get adequate coverage of chemical . 4. For more uniform application, large volume sprayers with wide stable boom coverage are preferred over small units with narrow coverage . The wider swath should result in fewer overlaps or skips . Dust should be held to a minimum as it deactivates some herbicides . Nozzle spacing should greater than 40 inches for uniform distribution . H. Chemicals used in performing this practice must be registered according to local regulations. They will be applied strictly in accordance with other authorized federal , state, and local regulation . Specific chemical recommendations shall be in accordance with container labels and/or current CSU — Colorado Pesticide Guide — Field Crops. I . Trade names were used in this standard only to make the information more understandable . This does not imply endorsement of certain products or criticism of products not named or mentioned . J . Crop residues shall not be burned before or after tillage . (Page 6 of 6) TGN #231 (Rev . 4/88) 900226 Conservation Tillage* (acre) 329 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, deep percolation and ground water recharge. 2. Effects of crop residue on soil moisture. 3. Effects of snow catch and melt on the water budget. 4. Effects of increasing organic matter on water holding capacity of the soil. 5. Potential for a change in plant growth and transpiration because of changes in the volume of soil water. Quality 1. Effects of crop residue on nutrient balance in the root zone. 2. Effects on erosion and the movement of sediment, pathogens, and soluble and sediment-attached substances carried by runoff. 3. Effects on the use and management of nutrients and pesticides and their resulting effects on surface and ground water quality to filtering effects of crop residue on movement of sediment and dissolved and sediment-attached substances. *When cover crops, contouring, terraces, and similar practices are used with this practice, refer to the appropriate water resource supplement. SCS Supplement October 1988 900226 • Irrigation Water Management 449-1 IRRIGATION WATER MANAGEMENT 449 Technical Guide Section IV STANDARD Statewide Definition Conserve Water Determining and controlling the rate, Achieving uniformity of application, amount and timing of irrigation water minimizing runoff and deep percolation applied to meet plant needs in a as well as irrigation scheduling to planned effective and efficient optimize economic returns are of manner. primary importance where water is limited. Purpose Leaching To effectively utilize the available irrigation water supply in managing Where low quality irrigation water is the soil moisture environment of used, it is necessary that salts plants to (1) leach salts below the introduced in the water not be allowed root zone, (2) reduce deep percale- to accumulate in the soil within the tion and resulting salinity problems plant root zone. Additional water in stream systems, (3) conserve must be applied so that the salt will water, (4) increase productivity, (5) be leached below the root zone. reduce the transport of nutrients and pesticides to groundwater, (6) pre- Increase Productivity vent erosion in excess of "T" values, and (7) minimize the delivery of sed- Some plant thrive with an increase of iment to aquatic systems. moisture. Where water is abundant and its cost does not prohibit its use, Conditions Where Practice Applies production can be increased. In some plants such as potatoes, quality can This practice is applicable to all be controlled by the degree of mois- cropland, pasture, and hayland having ture maintained. an adequate water supply, and that can be irrigated. Reduction of Groundwater Pollution Localized conditions require placing Deep percolation contributes heavily emphasis on the different principles to groundwater pollution. Heavy of irrigation water management. Some applications of water may drive pest- of these conditions are: irides, and fertilizers Into ground- water aquifers. Correct applications Salinity Control and adequate cropping systems can be effective in reducing pollution. Achieving application uniformity and minimizing deep percolation must be Reduce Surface Erosion emphasized in locations where salinity control is needed. At such Water application at a rate faster locations application efficiency is than the soil can absorb it produces of secondary importance. soil erosion. Sediment laden return flows destroy streams and aquatic life. SCS, Colorado, May 19844 900226 449-2 Irrigation Water Management Practice installations by themselves, Additionally, the irrigator needs to will not produce water management. Water management begins with the adversely udversyd that excessive irrigation, just installation of a complete system of affects crop yields needed insufficient irrigation. ' as practices. In water short situations where water savings With the purpose stated above, a and increased crop yields are a pur- pose and where storage of irrigation complete irrigation system, when water is properly designed and installed, save water possible, the w knowing g the stag irrigator ocan f including water measurement, les to meet some measure of water manage- Plaant growth when water is critical to meat. crop yield and scheduling irrigation accordingly. Applicable systems include sprinklers - portable or solid-set, trickleOptimum water application is necessary f systems or surface systems establish- forr maximum crop y yieldd or net ed on the land to be return. irrigated. SPECIFICATIONS Other stages of irrigation water man- agement are achieved when the irriga- tors follow basic irrigation The resource management pies in managing and a princi- have an irrigation water plan shall management o that a applying water plan that is the purpose as stated previous- consistent with ly is met. These principles are: purpose of this standard. Determine when and how much water The amount of water needed for each 1. eded is neerm for each irrigation based irrigation shall be determined by on "management allowed depletion." evaluating S soil moisture e depletion. This amount may vary depending on evaluated vl moisture depletion whether the purpose is to reduce using may be hand methods, daily y salinity, conserve water or increase evapotranspiration pi i devises, crop production. Some irrigations evapotranspiration rates. and may be eliminated. Irrigation water shall be measured product of 2. Balance time of set with available onto the field as the 2. rate and ro to be irrigated v se measured flow rate times the time of flow lc the amount of water e needed to set and shall replenish the depleted soil moisture acceptable irriga�tionpPlth .d using an tis uniformly applied without causing erosion in excess of "T" A complete evaluation values. irrigation is of each Establishing time of set for eachnot required.. Evidence irrigation will minimize deep that the physical layout of the lesion and runoff Perco- irrigated area which is essential of the irrigation meets system plus the the requirements for meeting the purpose of salinity reduction, technicians documented k evaluation of groundwater pollution, and water conservation. the irrigators knowledge and use of the principles of water management is acceptable in determining that good water management is being practiced. SCS, Colorado, May 1984 900226 • Irrigation Water Management (acre) 449 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, and deep percolation, and ground water recharge. 2. Potential for a change in plant growth and transpiration because of changes in the volume of soil water. 3. Effects on downstream flows or aquifers that would affect other water uses or users. 4. Effects on the volume of downstream flow that could cause undesirable environmental, social, or economic effects. 5. The effect on the water table of the field in providing a suitable rooting depth for anticipated land uses. 6. Potential use for irrigation water management. Quality 1. Effects on erosion and the movement of sediment and soluble and sediment- attached substances carried by runoff. 2. Effects of nutrients and pesticides on surface and ground water quality. 3. Effects on the movement of dissolved substances below the root zone or to ground water. 4. Effects of water levels on soil nutrient processes such as plant nitrogen use or denitrification. 5. Effects of water control on the salinity of soils, soil water, or downstream water. 6. Short-term and construction-related effects on the quality of downstream water courses. 7. Effects on the temperatures of water resources that could cause undesirable effects on aquatic and wildlife communities. 8. Effects on wetlands or water-related wildlife habitats. 9. Effects on the visual quality of water resources. 900220 SCS Supplement October 1988 UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service Colorado Section IV All Field Offices April 1985 STANDARD AND SPECIFICATION for PASTURE AND HAYLAND MANAGEMENT (Acre) 510 STANDARD • Definition Proper treatment and use of pastureland. Purpose To prolong life of desirable forage species, to maintain or improve the quality and quantity of forage, to protect the soil, and reduce water loss. Where applicable On all pasture and hayland. Planning Considerations I. Fertilization fi A. Fertilize to meet the needs of the plants or the economic objective of the producer. B. Specific fertilizer recommendations should be based on soil or tissue analysis. General recommendations can be made using the following units of fertilizer per ton of air dry material removed: TG Notice #125 (Rev. 1) (Page 1 of 5) Colorado, SCS, April 1985 900226 Lbs. 1/ Lbs. 2/ Lbs. 3/ Species N/Ton P205/Ton K20/Ton Cool season grass 30 10 5 Grass—legume 25 15 6 Forage sorghums 40 15 _ 6 Alfalfa & other 0 15 5 properly innoculated legumes 1/ Organic matter is a major key to estimating available nitrogen. Mountain regions of Colorado are high in organic matter, but decomposition is extremely slow because of low temperatures. Soils of the eastern slopes are low in organic matter, but decomposition is rapid. This indicates that most pasture and haylands of Colorado will respond to nitrogen in Proportion to the amount applied. 2/ In general, laboratory soil tests indicate adequate available phosphorus for medium to high tonage of grass production. For grass-legume mixtures or solid legume stands, a good response from P205 should occur. 3/ Unless a laboratory soil analysis indicates the need for K2O, this element should not be recommended due to the abundance of available potassium present in most Colorado soils. C. Nitrogen should be applied in split applications for improved efficiency. II. Rotation Grazing A. Grazing units should be approximately equal in size. Small pastures may be grouped to form a grazing unit within a system. B. The grazing-recovery period should not exceed 30 days for optimum forage quality. C. When forage is grazed down to the minimum recommended height, cattle should be moved. D. Clio uneven growth down to the recommended height to prevent spot grazing. E. A one herd-three unit system furnishes a simple but adequate grazing system. Crazing 7-10 days and resting 14-20 days is a good rule of thumb. TG Notice #125 (Rev. 1) (Page 2 of 5) Colorado, SCS, April 1985 900226 III. Other Management Considerations d on he tage of growth. inuous A. atyanaimmatureostage will ecause tthe sstand to deteriorate t cutting Prematurely due to a continuous reduction of food reserves in the roots. B. Varying the ratio of nitrogen and phosphorus fertilizer can be used to manioutate the ratio of grasses and legumes. C. stocking rates vary with climate, soil, type of forage, available moisture, and degree of management. Observation and local experience are the best guides for determining stocking rates but the following can be used for guidance. 1. Approximately 1 AOM per 1000 lbs. of air dried forage produced. 2. Non—irrigated pasture in Colorado (average year) produces 300-3500 lbs. per acre. 3. Irrigated pastures produce from 2000-16,000 lbs. per acre depending on climate, management, and species present. ' D. After irrigation, a deferment period should be in effect to permit the surface soil to dry out before grazing to avoid excessive compaction. A minimum of three days on sandy soils, four days on loamy soils, and five to six days on clay soils. t TG Notice #125 (Rev. 1) (Page 3 of 5) Colorado, SCS, April 1985 )00226 SPECIFICATIONS I. Minimum Grazing or Cutting Heights A. Pastureland Minimum Height Prior Minimum Height During Species to beginning grazing growing season (inches) (inches) Maintenance 1/ Optimum 2/ Maintenace 1/ Optimum 2/ Alkali Sacaton 5 8 3 5 Brame, smooth 5 8 3 4 Fescue, Meadow 5 8 . 3 5 Fescue, Tall 5 8 3 5 Fescue, Hard 4 5 2 4 Foxtail , creeping meadow 5 10 3 5 Kentucky bluegrass 3 5 2 4 Indiangrass 12 18 6 10 Orchardgrass 5 8 3 5 Redtop 4 6 3 4 Reed canarygrass 12 18 4 6 Russian wildrye 4 6 3 5 Sideoats grama 4 5 2 4 Switchgrass 12 18 8 10 Timothy 4 6 2 4 Sedge, Nebraska 3 5 2 4 Wheatgrass 5 8 3 5 Pubescent, Western Intermediate, Slender Wheatgrass, Crested, Siberian 4 6 2 4 Wheatgrass, Tall 8 12 5 8 Cicer Milkvetch 6 10 3 4 Alfalfa 6 10 3 4 1/ These heights will allow maintenance of the stand. 2/ These heights will provide maximum yields when other plant requirements are met. IF B. Hayland Species Growth Stage for Quality Hay Minimum Cutting Heights Alfalfa Early bloom stage 2" Crass-Legume When grass is in boot-stage or 3" legume in early bloom. Tall grasses Boot stage 4" Mid-Grasses Boot stage 3" The last cutting should be timed to allow for a two to four week regrowth period before the average first killing frost. TG Notice #125 (Rev. 1) (Page 4 of 5) Colorado, SCS, April 1985 900226 C. Pastures for special use: Grasses such as Crested wheatgrass and Pubescent wheatgrass are commonly used for early spring grazing until other forage is available. Realizing that production on the pasture will be reduced, acceptable management can be accomplished by heavy grazing for short periods during the spring, followed by deferment the remainder of the year. During the grazing period, sufficient growth should be left to protect the soil from wind and water erosion. This provision will be restricted to apply between April 1st and June 1st. II. Required Management Considerations A. Observe recommended grazing heights shown in Item I of these specifications. B. Practice weed control if weeds are significantly inhibiting the growth of desirable species. 1. Chemical — Colorado Weed Control Handbook will be used for recommendations. 2. Mechanical — Mow or shred weeds when they become significantly taller than the desirable plants. Do not shred shorter than minimum recommended harvesting heights. C. Livestock water will be available in each grazing unit. D. Rotation grazing is required on irrigated pastures unless the use is for early spring grazing, fall grazing or other "Special use" acceptable to the designated technician. t TG Notice #125 (Rev. 1) (Page 5 of 5) Colorado, SCS, April 1985 900226 Pasture and Hayland Management (acre) 510 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, deep percolation and ground water recharge. 2. Variability of practice's effects caused by seasonal weather variations 3. Effects of management of vegetation on soil moisture. 4. Effects of increasing organic matter on water holding capacity of the soil. 5. Potential for a change in plant growth and transpiration because of changes in the volume of soil water. Quality 1. Effects on erosion and the movement of sediment, pathogens, and soluble and sediment-attached substances that could be carried by runoff. 2. Effects on the use and management of nutrients and pesticides and resulting effects on surface and ground water quality. 3. Effects on the visual quality of downstream water resources. SCS Supplement October 1988 900226 UNI1 ED iTA FES DEPARTMEN I OF AGRICULTURE Soil Conservation Service Colorado • Technical Guide Section IV All Field Offices July 1939 AREA 2 STANDARD AND SPECIFICATIONS PASTURE AND HAYLAND PLANTING (Acre) 512 STANDARD Definition: Establishing and re-establishing long-term stands of adapted species of perennial forage plants . ( Includes 'Pasture and Hayland Renovation . Does not include Grassed Waterway or Outlet on cropland . ) • Purpose: To reduce erosion, to produce high quality forage , and to adjust land use . Conditions Where Practice Applies : On existing pasture and hayland or on land that is converted from other uses . Planning Considerations : A. On suitable cropland :' i l s , consider the use of grasses and legumes that wiII lengthen the grazing season on quality forage . D. To enhance wildlife habitat, consider using or adding to the seed mixture adapted grasses and fc'rbs to the sued mixture that are considered to tie the more preferred species . See Biology Technical Note No. 4 for species ratings . Wi I d:i I i fe habitat is enhanced when three or more species are • used in a mixture. SPECIFICATIONS A. Management 1 . Pasture and hayland seeding will be undertaken only where grazing by • domestic I ivestock will be controlled to permit plants to become well established. 2. Pasture and hayland seedinas will be protected from all livestock for the life of the CRP contract. Other pasture and hayland seedings will be protected from ail livestock from the date of seeding for at least two successive growing seasons or until the seeded plants are we l l established. 900226 3. Weed control for establishment a. Grasses ( 1 ) Broadleaf weeds should be controlled by mowing or shredding when weeds are 12-10 inches to I I . Pre-emergent herbicide ( s ) or post-emergent herbicide( s ) may be used according to 11L''e instructions . / Perr-en i al grasses should have c g I-I a J E a t least a.,'!; •F i v c leaves before most pest-emergent; herbicides are used. It ma' be necessary to treat twice the first year and once the second year after planting . Extreme car-c must be used to ensure that the herbicide(s ) dc' riot injure the seeded species, including the cover crop. (2) When noxious such weed's '' ul:I•'I as bindweed , Canada thistle , etc . are present, they will be. controlled I I erJ• prior to seeding . (0) When fox tail ,I , bar-nyardgrass , sandbur- , crabgrass , and annual brumes are competitive to the planted grass, they will l: e mowed or shredded . Mewing or shredding should be discon- tinued in late July and August . The height and time of mowing or shredding must be such that more leaves are cut f'- from weedy grasses than from seeded 3r-asses . l:' . Fu'rbs When f curbs ( including legumes ) and/':'r- shrubs are used to supple- ment the grass seed mixture, the broadleaf and grassy weeds wi I I be controlled only by timely mowing or shredding . 4. Grasshopper infestations and other harmful insect infestations wi i I be controlled , as necessary, during the s Biological G'� grass establishment period. control is the preferred method . 5. Seedin3s wi I I be protected from fir-e . L. Seedbed Preparation 1 . Seeding into appr-epr- i ate stubble or herbicide 1/ treated so-'d is an ideal method and is especially well ada pted where erosion may b E� a problem. a. Seedbeds in Major Land Resource Areas 67 (Central High P1 a i r1's ) , 49A and 49L'' (Southern Rocky Mountain Fcothi I Is) and 72 (Central High Plains) requires satisfactory protection from wind erosion by means of one of the fo I lowing methods or conditions as selected and approved by the local Fields or areas that are too J 3u i l i e': , hummocky, or in need of mechanical conservation measures should be shaped as necessary to plant and grow a suitable cover- crop . 1/Fellow recommendations in current Colorado Pesticide Guides in selection and application of appropriate herbicides for weed control and insecticides for insect: control .. Complete adherence to the pesticide l abe l ( s ) is re— quired. Biological control should be used in place �� Iac .r, f synthetic pesticides passible. Pa 3e e 9( 0226 • ( 1 ) A preparatory ( dead litter ) stubble cover of forage sorghum, long season ( 1 0 day) grain sorghum, sudan, or broomcorn will be left standing to give maximum protection from blowing . Short growing m i I l et s and short season grain sorghum (mil„) • stul:'Z. Ies are riot recommended . They rarely produce adequate cover for pasture seeding purposes and present volunteer problems . ( a) On sandy so i I s dr i I I forage sorghum, long season ( 120 day) grain sorghum, sudangr-ass or broomcorn between June 1 and July 1 in rows not .to exceed 20 inches . If more growth is produced than desirable, or if the cover crop wiII produce mature seed, the cover will be clipped tea approximately an 10- inch stubble height and should be removed from the field unless restricted by program regulations . Seed at rates that wiII produce an adequate cover to prevent erosion fear several years following grass seed- ing. Seed forage sorghum, grain sorghum ear br-c.crncorn at 6 to 8 lbs per acre on sandy soils . Seed sudan3rass at 10 to 15 lbs per acre. Due to differences in seed size and seeding equipment , adjust the above seeding rates as needed to establish the necessary cover . ( b ) On loam or heavier textured so i I s use the same procedures as l i sted above for sandy soils and maintain a minimum 12- inch stubble height. The seeding rate on these so i I s may vary from 4 tea 8 lbs per acre fear forage sorghum, 3rairi sorghum or broomcorn . Rates for sudangrass may range from 0 to 1::. lbs per acre . Adjust the seeding rates as needed tea account for seed size and equipment • differences . ( c )) Use seed of forage sorghum, grain sorghum, sudan and broomcorn that has a germination rate of S or higher to• insure that adequate plant populations can be estab- I i shied . Seed should be tested to insure that it is relatively weed-free and contains no noxious weeds . (d ) To have adequate cover of the following actual residue amounts are required at seeding time. The "I " factor f rom the Wind Erod i Li i I i ty Index is used to determine the minimum residue level . Minimum lbs residue/acre "1" Soil Factor* at seeding time 5A or lower ?.;.•5 1 c7 :6 2000 134 and higher- ._-50 *When seeding capability Class VI , VII and VIII land , seed according to range seeding specifications fear CRP seed i n js . If adequate residue cannot be produced, additional weed-free mulch may be applied and critical area treat- ment procedures used for mulching and seeding . Page 900226 (2) t'Vher1 using existing cover in l i eu of preparing a c':'vci- crop in ���t ' Y\A s 49A, 49B, _`•7 and !. : on a I G aril or heavier so ii : i ( a) Harvested sorghum (grain or feed ) with a stubble height of M 12 inches may be used , provided there is adequate cover to protect the grass seedlings and j the so i t from w i .1'J and water erosion for several years following grass seeding . Weeds and volunteer sorghum will l l be controlled ,.3 as needed , to prevent competition with the grass seed I i rigs . ( b ) Mi l I t with minimum stubble height of 12 inches may be used if adequate cover exists to protect the land from wind a n d water erosion . Weeds a r:d volunteer millet will be controlled as needed to prevent competition with the grass seed i i ngs . (c ) Cot. I -season grasses can be planted i ni o a small i • grain stubble (other than cereal rye ) following the normal har- vest period . Use herbicide ( s ) 1/ as needed to cc'ntr':' I volunteer grain and weeds prior to seeding grass . ( d ) For mixtures containing warm-season grasses , mature sma l l grain stubble other than cereal rye may be used . Nature cereal rye stubble will not be used for any pasture or- hay I ar,d seeding . Delay grass seeding into the wheat or barley stubble uiit i l the following dormant seeding season so that germination does riot occur- unit i l the following spring. Timely mowing or approved herbicide ( s ) 1. / will be used to control weeds between crop harvest and the perma- nent seeding as needed . If weeds are not controlled in the sma l l grain stubble , '. i l l age will be required followed by an approved war-rr, season annual cover prior or- to seeding . F grass ( e ) When temporary srila l I grain c0ve:r such as wheat or bar i cy is used for winter protect Iii these-� i:: be used f- I-I �rl e_ L covers\ 1,'r�5 rrl a� used under- the following conditions : the cove will be c l i p ed a minimum of 30 days prior to maturity to prevent grain formation; seeding will be delayed unt i 1 the following spring arid timely mowing or approved herbicide ( s ) 1! will be used for weed control . ( f ) All existing cover's will meet the same residue require- ments For cover as shown in B. 1 .a. ( 1 ) ( d ) . b . In Major Land Resource areas 48A-L: and 49A-i3 the fi' . i 1o'al I n procedures may be used in preparing a seedbed where a temporary cover is needed to control errasi :'n during the grass establishment period . ( 1 ) Art oat cover crop may be substituted for a sorghum cover crop . After coat cover crop dormancy, seed directly into the standing residue . A nurse crop ( corurparl i curl cr':'p ) is not allowed. 1/ See footnote on page --- Page 4 900226 (2) Seed thL oats during the normal planting period in the area. Clip as needed to prevent seed formation . (3) Use timely mowing or appropriate herbicide( s ) 1/ to control • weeds and volunteer prior to seeding and during establish- ment . If the seed mixture contains species susceptible to herbicides only mowing or shredding will be allowed. (4) Seeding into an existing wheat, oat or barley stubble which was harvested the previous growing season may be used . Use approved herbicide( s ) 1/ , as needed , to control weed growth prior to seeding. T i I I age is not recommended so that a firm seedbed can be maintained. C. Seeding Seeding should be done with equipment capable of proper seed placement ( 1/4 to 3/4 inch deep) and accurately metered for the proper rate for the selected species . Control drill speed to assure accurate seed placement. D. Fertilizer Application Recommendations should be based on results of a soil test made where the seeding is to be established . If no soil test is, available, fertilizer • is discouraged because of possible excess weed growth . E. Selection of Species See Table 1 for species selection. F. Rate of Seeding See Agronomy Technical Note No . 61 for "Seeding Rates" . G. Planting Dates Grasses and other seeded species shall be planted within the seeding periods specified in Table 2. • • H. Seed Analysis Seed labelin3r quality and testing will be in accordance with the Colo- rado Seed Law. This requires that seed be tested according to "Rules for Seed Testing" Association of Official Seed Analysts (AfISA) and Rules and Regulations under the Federal Seed Act . A farmer-rancher who raises seed for personal use in cost-shared programs must have seed analyzed and furnish a copy of the current analysis . Analysis must have been performed within 12 months of planting date. In addition , the participant must provide a written signed statement certifying that the seed produced is the same seed that was analyzed and seeded. The seeding rate per acre must also be furnished on this statement. • Page a ,. 900226 TABLE 1 - PASTURE a i-IAYLAND PLANTING SPECIES Introduced species are limited to non- irrigated Land Capabi I ity Class II ,III , IV and V so i I s under CRP. Deep Sand, Choppy Sand, Sandy bottom land and sites may not be seeded these th,r: r�e species: they must be seeded to the appropriate mixtures as shown under the Area 2 rev i seeJ Standard and Specifications for Range Seeding (550) . For non-CRP irrigated s � r. and MLRA 40 seed i ng s, see Colorado Standard and Specifications for Tas �tu re Hayland Planting (512) . and Sties Variety 1/ i_ of Mixture 2/ Pubescent wheat3rass Luna 0-100 Intermediate wheatgrass Amur (>14"ppt areas) 0-100 " areas ) Oahe (: 1.�': �pFt Smooth brornegrass Lincoln 0-100 Manchar (only for MLRA ' s 49 :3; 40 not for MLRA ' s 67, 69 or 72) Alfalfa Ladak 0 (Limited to non- • Ranger CRP sc•ed i n•3s ) Vernal Fairway wheat3rass Fairway 0-10 Orchard3r ass Paiute 0-10 Native species As shown in Range 0-10t'> (Limited to Seeding (550) CRP shown in mixes for Area 2 Revision Range Seeding (550) CRP Area '2 Revision Only sodforrnin Ir,tri r f introduced species are recommended. No annuals or biennials are allowed . Unless the producer is sure that the seeding will be plowed out in the future then a native seeding is recommended even on Land Capability Classes II , III , IV and V so i l s . Also, or, this land (LCC II , III , IV and V) introduced species can be mixed with compatible adapted native species . Any deviation will require prior written approval by the Area Range Conserva- tionist . 1/ Varieties are l i sted in order of preference . When specific is I�lh,c.r, a variety cannot be obtained, or is not stated , then the mi I age restrictions and locations apply as shown in the Standards and Specifications for Pasture a Hayland Planting (512) and Range Seeding ( ;50) and Colo. Bulletin cG190-7 (Jan. 16, 1907) . 2/ Percentage of mixture shown is based or, the seeding rates ( 100%) shown • in Colorado Agronomy Note No. 61 (March 16, 1901 ) . Page 6 900226 • L . dn in Ifl E .. E N J C t 4-1 N 3 C c -) m 0 C . O 01 N C m •— m L p 0 0 W o. m en t1 1.4I+ L. v.• ;, L0. w m e < 6 6 • -toC 3 m .. Ill .,I m L .-I .-I T Oo 0 u > xal 0 o o v a m m H I!) u -. y .1 L Oa • . m - H I a p• a U1 . 14,1 N J • N q• C C C m• m 3 41 —I • E.N . . q, C pp O 01 in C M•' R]' a L O 0 O all cm — l I L I-1 L 0 44O P. 0. M c o c 4' Q0 V N. E .. 1n . L -..--I Q L d 0 .y 0 0 0 0 v O 0 Z L M0 F 0 la m CC V (n m a C co 0) °J . v .t o 1 I V L • W W o Z M Q CO N N 2 ¢ v v 03 0, J 1 I I I + W W 17 2 ° Page 7 960226 Pasture and Hayland Planting(acre) 512 Phuuting considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, deep percolation, and ground water recharge. Quality 1. Effects on erosion and the movement of sediment, pathogens, and soluble and sediment attached substances carried by runoff. 2. Effects on the use and management of nutrients and pesticides and resulting effects on surface and ground water quality. 3. Effects on the visual quality of downstream water resources. SCS Supplement October 1988 960226 or 69 :"?-'1,E: 1� "" ..'* _� pe p S q.A .Fi] L 5: t .. )0 ( .L.::: --frireaar \ \ L ` 9 • � 7.1 869 .r �y- v1 in„, -so:., )o FNP510r" ." T e 1I 69 ,77 70 '18 _ 68 16 .4 Y . 3 "^-... JO 17-",, iW t aK /I SNrE�4a«Y `2i Tr fir Mi n. p y l�� 10� .•. fit.` 69 0 )5 ] • �" rf S' 3 76 0 O a6 68 10 t 10 6 �'y9# •' .'n' �"'n ...N � •5 � fL 3 `p�Al real )G 19•_l G -,'• 21 ,i, "a 9 t )6 68 )6 1 ]9 21 1 69Thsk S: } i\!'Li 76 @Y: a ` E J6 ') .847•91‘414 J6J � .yle2rM•,T 1 75 68 w _ 68 i 1I O 0. \�r)5 103w 1 6 .—L._,—.....___ ...- U.S.DEPARTMENT OF AGRICULTURE T"/tV R&i UJ SCS-CPA.15 ❑451 SOIL MAP Owner MILLS /CANC/f- Operator vA NI,E •County U P.L.t) State CO Soil survey sheet(s)or code nos. /.VLSI /F, I`( Approximate scale / L`I,or-C, ..Prepared by J. S. Department of Agriculture, Soil Conservation Service cooperating J Q QO5�j��f/IQ Y with LL)(.77)T- \� (\ Conservation District 5 q n • arxi !/ f, v 4 I yc r '° r ro.� (4 oc. + / Li C o o / /�_O ' mo o� Yt C. y• m lj T m 1—2. ifs "t i ' it w rt ' r� rG 2, { c Cr, _ px ' 1 4," j i° m ti9 o. m m 1:35: 6 / m X) Fv ,r t T /// ! f 17 a o m r �k -, 0• C".. o m' J f! 'r�' t°t �,l ,,,r o x yy .Cm m. 3 p # 24..V. m . V ' m ,'64 era n ,i^ .. m CD rf 4 ter'I P ,'t ,ten_ N q• u • t fir. 1 s py'(}LrJ"h' o D 4 + N (FI A:. 4�y L'..4". A r ifit J . J N -01 31 To t Iq r'�. y L. M.;;.. 1 ' n v. ,tt 1 x'{ nli Yi' + S �l n.',..“N ✓ � . t ' ` fi 'Ft k 't 111 ill il 1 ,� ,> Novi ?_0 A ��{{aa A' r t 5 W ';',11,', Nip.. f50 �y e„AA: 3 1 +rypP . Ate) , :'1 • 4', iw. it /k +NY .wa ,� 1_. { , u /l ti 4c;,()\\\-'2 .l et ,>t,r•, 1' t f 1 :S/ � � o../ . .. '� D W .: \ 26 { U.S. Department c'•i' Agriculture 1-age 1 So i l Conservation Service OZ/14/82 SOIL DESCRIPTION REPORT SURVEY AREA - WELD COUNTY, SOUTHERN FART, COLORADO Map Unit Symbol Description 1 ALTVAN LOAM, 0 Ti i 1 PERCENT SLOPES The A l tvarr sc' i l is a deep , well drained soil . It is formed on terraces from alluvial material . The surface is a loam. The subsoil is clay loam. The underlying material is a calcareous loamy sand The so i I s have moderate permeabi l ity. Their available water holding capacity is moderate . Roots penetrate to 20 to 40 inches . Runoff is slow and the erosion hazard due to wind is moderate . ALTVAN LOAM, 1 TO 3 PERCENT SLOPES The A l tvan so i t is a 'sleep , well drained so i l . It is formed on terraces from alluvial material . The surface is a loam. The subsc' i I is clay loam. The underlying material is a calcareous loamy sand. The so i t s have moderate per-meab i I i ty. Their available water holding capacity is moderate . Roots penetrate to 20 to 40 inches . Runoff is slow and the erosion hazard due to wind i5 moderate . 3 Al uIIlLLS AND AQUENTS, GRAVELLY SUBSTRATUM This map unit is on bottom lands and fIoodpIains of all major streams i ri the survey area. This unit consists of 60 percent A':luo I t s and 35 percent A'quents so i I s . These Si:' i I s are deep and poorly drained . They formed in recent alluvium . The surface is a mildly a l ka l i rre to moderately alkaline loamy or- clayey layer , as well as the underlying material which is underlain by sand or sand and grave I within 48 inches. The water table is at or near- the surface , creating a hydric c „+ i l condition . The erosion hazard due to wind is low. 10 BANKAF:D SANDY LOAM, 0 TO 3 PERCENT SLOPES The L:arikard sail is a deep , somewhat excessively drained soil . It is formed on f I oi_"Jp l a i ns from stratified recent alluvium. The surface is a sandy loam. The underlying material is a calcareous sart'J stratified with thin lenses of sandy loam;, loam, and fine gravel . The so i I s have moderately rapid perrneabi l ity . Their available water holding capacity is ; u',- . Roots penetrate to {'0 inches or more. Runoff is slow and ti's erosion hazard due to wind is severe . 68 UST IC C TORRIORTHENTS,ORTHENT S, MODERATELY STEEP 900226 ).1vpar tment of :Aar i _u l ture 1'as ! J I Conservation Se' ' ce 02/14/89 SOIL DESCRIPTION REPORT SURVEY AREA - WELD COUNTY, SOUTHERN PART, COLORADO Map Unit Symbol Description The Ust I c Torr I orthents so i I is a deep , excessively drained so I 1 . It is formed on terrace breaks and escarpments in gravelly alluvium. The surface is a gravelly sand , as is the underlying material . The so i I s have rapid perrneab i l i ty. Their available water holding capacity is low. Roots penetrate to 60 I riches or more. Runoff is medium and the erosion hazard due tm: wind is moderate . 69 VALENT SAND, 0 TO 3 PERCENT SLOPES The Val ent sit i l is a deep , excessively drained so i l . It is formed on plains from ea l i an material . The surface is a sand as is the underlying material . The soils have rapid perrneab i I i ty. Their available water" holding capacity is moderate . Roots penetrate to 60 inches or more . Runoff is slow and the erosion hazard due to wind is h i gh. 70 VALENT SAND, 3 TO 9 PERCENT SLOPES The Valent soil is a deep , excessively drained soil . It is formed on plains from eo l i art material . The surface is a sand , as is the underlying material . The soils have rapid per-meabi I ity. Their available water holding capacity is moderate . Roots penetrate to 60 i riches or more . Runoff is slow and the erosion hazard due to wind is high . 75 VONA SANDY LOAM, 0 TO 1 PERCENT SLOPES The Vona so i I is a deep, we I I drained so i 1 . It is formed on high terraces from alluvial material . The surface is a sandy loam, as is the subsoil . The underlying material is a sandy loam. The so i i s have moderately rapid permeability. Their" available water holding capacity is moderate . Root- penetrate to 60 inches cur more . Runoff is slow and the erosion hazard due to wind is severe . 76 VONA SANDY LOAM, 1 TO 3 PERC:ENT SLOPES The Voaona so i I is a deep , we I 1 drained soil . It is formed on high terraces from alluvial material . The surface is a sandy loam, as is the subset i l . The underlying material is a sandy loam. The so i I s have moderately rapid permeab i I i ty. Their available water holding capacity is moderate. Roots penetrate to 60 Inches or more . Runoff is slow and the erosion hazard due to wind is severe . Category Codes : sti 900226 ' 'AR203B419 :orded at o'clock -M., eptionNu.. ...._._...__...._._.__ -_.._._...Recorder. RECORDER'S STAMP THIS DEED Made this 7th d of January ay 19 86,between John F. Orr of the County of Jefferson and State ofColo- rado,ofthelirstj,nrt,and Equus Farms, Inc. State Documentary Fee u corporation organized and Dote ..A.--3.-ff� existing under and by virtue of the laws of the State of Colorado �.... of the second part:whose legal address is c/o Miles A. Williams 2608 S. Allison Street Lakewood, Colorado 80227 WITNESSETII,That the said party of the first part,for and in consideration of the sum of $2,079,168.00 DOLLARS to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged,hag granted,bargained,sold and conveyed,and by these presents dtes grant, bargain,sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described XX at parcels of fund,situate,lying and being in the County of Weld and State of Colorado,to wit: that certain real property more specifically described in Exhibit A attached hereto and by this reference incorporated herein (the "Premises"). doe ceQ $ B 1098 REC 02038419 01/08/86 14: 42 $48.00 1/016 -ZIP. — F 1239 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO XIQUUBWOCKLYAKISIXIKKIKK TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining,and the reversion and reversions,remainder and remainders,runts,issues 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 heredituments and appurtenances. TO HAVE ANUTO HOLD the said premises above bargained and described,with the appurtenances,unto the said party of the second part,its successor and assigns forever.And the said party of the first part,for himself his heirs,executors,and administrators,dues covenant,grant,bargain and agree to and with the said party of the second part, its successors and assigns, that ut the time of the unsealing and delivery of these presents, he is well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former und other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except for those Exceptions to title set forth in Exhibit B attached here— to and by this reference incorporated herein, and the above bargained premises in the quiet und peaceful possession of the said party of the second part, its successor and assigns, against all and every person or persons 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. IN WITNESS WHEREOF,The said party of the first part has hereunto set his hand and seal the day and year first above written. I r ISEALI John F. Orr ISEALI • ISEALI , t,eno ,,,,,STATE OF COLORADO, 1st i s •..city and County of Denver de }1 ,1'Q fi4 i isJ,r•rf''rent was acknowledged before me this 7th day of January 1, •J, ,- o Fy . r y�f(,}f.rnt•�e,_'aw tityalr.�lii,dS.O., WS! rty6yrr1 `un cap'trs t PJAa. • y '• L n L\ . o t €44.„1/400,0,(ii,i.,,au r'JV%n1 AHT19.ESSan;ilJr tylsand official seal Notary Public. Na.512.W.IIINANTY DEED TOCONFOEATION—Fer plwwtnphic Retard. ls! 960226 Bradford Publishing,MID W.6rh Ave.,Lakewood,Co qtr/—peJ1 r)L6Y00 B 1098 REC 020384 01/08/86 14: 42 $48. 2/016 F 1240 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A (Attached to and forming a part of Warranty • Deed dated January 7 , 1986 from John F. Orr to Equus Farms, Inc. ) • THE PREMISES PARCEL 1: • • The NWk NEk and the Wh of Section 19, Township 4 North, Range 61 West of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to Weld County to be used for road purposes by deed recorded August 11, 1921 in Book 622 at Page 175 , The Wh of the SEk and the SE4 of the SEk of Section 22 , Township 4 North, Range 62 West of the 6th P.M. The SEk NWk; the Sh of the NEk; the Eh of the SWk; and the SWk SWk of Section 23 , Township 4 North, Range 62 West of the 6th P.M. , also SEk of Section 23 , Township 4 North, Range 62 West of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to Weld County to be used for road purposes only, by deed recorded May 6 , 1916 in Book 414 at Page 250 , The Nh; the SEk; and the Eh of the SWk of Section 24 , Township 4 North, Range• 62 West of the 6th P.M. , also Wh SW4 of Section 24 , Township 4 North, Range 62 West of the 6th P.M. The NEk of Section 27, Township 4 North, Range 62 West of the 6th P.M. The sEh NWk of Section 25, Township 4 North, Range 62 West of the 6th P.M. • PARCEL 2: THe NWk of the NEk and the NEk of the NWk of Section 25, Township 4 North, Range 62 West of the 6th P.M. PARCEL 3 ; In Township 4 North, Range 62 West of the 6th P.M. : Section 15 : Sh SWk Section 16 : Sh Section 17: Sh Section 18 : Wh SEk and SEk SEk Section 19 : All Section 20 : All • Section 21: All Section 22 : Wh NEk, •NEk SEk, Wh and Eh NEk Section 23: SWk NWk and NWk SWk Section 27: SEk and NWk Section 29 : All EXCEPT a parcel of land conveyed to EAGLES NEST GUN CLUB in Warranty Deed recorded June 17, 1975 in Book 741 as Reception No. 1663033, being more particularly described as follows: Those portions of Sections 17 and 18 , all in Township 4 North, Range 62 West of the 6th P.M. , described as follows: BEGINNING at the East Quarter Corner of said Section 18 ; thence along the East-West centerline of said Section 18 S89°22 ' 25"W, 1334 .26 feet to the West line of the NE4 of the SEk of said Section 18 ; thence along said West line S01°38.27"E, 340 .30 feet; thence S65°08 ' 45"W, 222.76 feet; thence S54°12 '40"W, 700 .99 feet; thence $67°19 ' 15"W, 604 .34 feet to the North-South centerline of said Section 18 ; thence along said North-South centerline N00°50 ' 22"W, 2408 . 58 feet to the North line of the Sh of the NEk of said Section 18 ; thence along said North line N88°53 ' 49"E, 2650 .17 feet to the East line of the NEk of said Section 18 ; thence along the North line of the Sh of the NW4 of said Section 17 S88°03 ' 18"E, 2644 .67 feet to the North-South centerline of said Section 17; 900226 A-1 • • B 1098 REC 02038419 01/08/86 14 : 42 $48.00 3/016 F 1241 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • thence along said North-South centerline S01°55 '00"E, 1932 .02 feet; thence N87°57 ' 23"W, 601. 53 feet; thence N68°38 '17"W, 462.11 feet; • thence N67°58 ' 47"W, 835 . 77 feet; thence N89°08 '19"W, 407.28 feet; thence $67°07 '29"W, 414 . 76 feet; thence N76°51' 31"W, 65.22 feet to the West line of the SW; of said Section 17; thence along said West line NO2°00 '27"W, 290.01 feet to the POINT OF BEGINNING TOGETHER WITH all improvements located thereon and all appurtenances thereto or used in connection therewith. • • • • • • • A-2 900226 • B 1098 REC 02038419 01/08/86 14: 42 $48.00 4/016 • F 1242 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO / • EXHIBIT B. • (Attached to and forming a part of Warranty Deed from John F. Orr to Equus Farms, Inc. ) MATTERS TO WHICH TITLE TO THE LAND IS SUBJECT 1 . Real property taxes and assessments for 1986,, payable in 1987. 2. Mortgage dated October 13, 1980 from John F. Orr to The Federal Land Bank of Wichita to secure $650 ,000 .00, recorded October 21 , 1980 in Book 918 as Reception No. 1839512 . Encumbers Parcels 1, 2 and 3. 3. Deed of Trust dated November 14, 1975 from John F. Orr to Robert L. Twist, trustee of the Robert L. Twist Revocable Trust, recorded in Book 753 as Reception No. 1674795 Encumbers PARCEL I: The NW► and the W►s of Section 19 , Township 4 N, Range 61 West of the 6th P.M. , EXCEPTING therefrom that portion conveyed to Weld County• to be used for road purposes by deed recorded August 11, 1921, in Book 622 at Page 175, Weld County Records . PARCEL II : The W► of the SE► and the SEA of the SE: of Section 22, Township 4 N, Range 62 West of the 6th P.M. PARCEL III : The SEA NW;; the Ss of the NE4; the Eh of the SWs; and the SW; SWk of Section 23, Township 4 N, Range 62 West of the 6th P .M. , ALSO SEs of Section 23, Township 4 N, Range 62 West of the 6th P.M. , EXCEPTING therefrom that portion conveyed to Weld County to be used for road purposes only, by deed recorded May 6, 1916, in Book 414 at Page 250 , Weld County Records . PARCEL IV: The Nh; the SEk; and the Eh of the SW4 of Section 24 , Township 4 N, Range 62 West of the 6th P.M. , ALSO Wh SW4 of Section 24 , Town- ship 4 N, Range 62 West of the 6th P .M. PARCEL V: The NEk of Section 27, Township 4 N, Range 62 West of the 6th P.M. PARCEL VI : The SEA NWk of Section 25, Township 4 N, Range 62 West of the 6th P.M. ALL OF THE ABOVE DESCRIBED PROPERTY IS IN, WELD COUNTY, COLORADO Together with any and all water, water rights, ditches , ditch rights , reservoirs, water easements, and profits appurtenant, belonging or in any way appertaining to the above described real property; and together with a 100% interest in and to Well No. 12088-F and Well No. 12089-F, said wells being situated on the above-described real property. St 0226 B-1 B 1098 REC C 38419 01/08/86 14: 42 $48. 00 F 1243 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO/, °&6) /01 • • Excepting and reserving from the foregoing conveyance an undivided one-half interest in and to coal, oil, gas and other minerals now owned by the Grantor together with a right to enter upon the surface for ingress, egress, and regress for the purpose of drilling and prospecting the same, provided however, that such right to drill and/or prospect and those rights relating to access shall not be exercised in a manner which would interfere with the surface rights of the Grantee here- under, John F. Orr, or cause any damage whatsoever to the subject property, water rights appurtenant thereto, personal property owned by the grantee or damage or interfere with any of the activities of the Grant hereunder. 4 . Right-of-way dates , 1985 from John F. Orr to Eagles Nest Gun Club; a perpetual easement for the right to use as means of ingress and egress to and from Grantee ' s land located in portions of Sections 17 and 18 , Township 4 North, Range 62 West of the 6th P.M. , Weld County, Colorado, two (2) rights-of-way over and across Grantor's property, and which said rights-of-way .are described as follows: RIGHT-OF-WAY NO. 1 A right-of-way 50 feet in width, alongside, adjacent and contiguous to the east side of the centerline of Section 18, Township 4 North, Range 62 West of the 6th P.H. for the purposes of ingress and egress only; having its place of beginning at a point on existing U.S. Highway 34 and the centerline of said Section 18; thence North along the centerline of said Section 18 to a point on the center- line of said Section 18 which is the Southwest Corner of the property described on Exhibit "A" and attached hereto. RIGHT-OF-WAY NO. 2 The existing road of ingress and egress to the Eagles Nest Ranch buildings from U. S. Highway 34 which said road is located in the Southwest Quarter of Section 17, Township 4 North, Range 62 West of the 6th P.M. , Weld County , Colo- rado, to a point where said road intersects either the Bijou Canal or the Empire Canal , in the South one-half of said Section 17, and then using existing maintenance roads of the Bijou Irrigation Company over and across said Canals to the property described herein on Exhibit "A. " In the event that Grantor cannot convey a right-of-way as described on RIGHT-OF-WAY NO. 2 above , then and in that event , and in the alternative to RIGHT-OF-WAY NO. 2, the Grantor grants and conveys the following right-of-way : B-2 900226 02038419 F 1244 MARY A FEUERSTEIN/CLERK86 4&4RECOhuER.• WELD CO, 0CO RIGHT-OF-WAY NO. 3 An easement for ingress and egress to the property described in Exhibit "A, " which said easement is fifty (50) feet in width and begins at the existing roadway located in the • Southwest Quarter (SWk) of Section 17, Township 4 North, Range 62 West leading to the improvements on the Eagles Nest Ranch and which intersects U.S. Highway 34 in said Southwest Quarter (SW} ) of Section 17; following said existing roadway to a point where the roadway crosses the Bijou Canal near the east boundary line of said Section 17; thence adjacent to and following the north bank of the Bijou Canal in a - northwesterly direction to a point where said property joins the premises described on Exhibit "A. " 5. Right of way for county road 30 feet wide on either side of section and township lines as established by Order of the Board of County Commissioners of Weld County, Colorado, recorded October 14 , 1889 in Book 86 at Page 273 . (Affects Parcels 1, 2 and 3) 6 . The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect said lands as contained in the Patent recorded April 25, 1853 in Book 34 at Page 47, as to the E4 NWk and Eh SWk of Section 24 ; and recorded January 29 , 1887 in Book 34 at Page 308 , as to SEh of NE1 of Section 24 , and the SS NWk of Section 19 , and the SWk NEk of Section 19 , and recorded March 5, 1880 in Book 20 at Page 264 , as to the SWk of Section 19 , and recorded April 18 , 1899 in Book 131 at Page 40 , as to the NWh NEk and NS NWk of Section 19 , and the NEk NEk of Section 24 ; and recorded November 19 , 1902 in Book 132 at Page 47 , • as to the WS NEk of Section 24 ; and recorded June 3 , 1919 in Book 511 at Page 365, as to the SEk of Section 24 , all part of Parcel 1 . 7 . Right of way to construct a bridge and to construct and maintain a supply ditch or irrigation ditch as granted to J. B. Hindry and B. B. Putnam, by instrument recorded October 28 , 1885 in Book 50 at Page 145 . NOTE: The exact location is not disclosed of record. (Affects NS of Section 24 of Parcel 1) 8 . Right of way for canal as granted to the Bijou Reservoir and Canal Company by instrument recorded May 6 , 1898 in Book 130 at Page 96 . (Affects Sections 19, 23 and 24 of Parcel 1) 9. Right of way for ditch known as the Putnam Ditch as granted to the Putnam Ditch Company by instrument recorded December 6, 1900 in Book 130 at Page 430 . (Affects Sections 24 of Parcel 1) 10. The Empire Ditch and rights of way therefore as evidenced by instrument recorded June 16, 1906 as Filing No. 111381 , and by instrument filed February 7 , 1946 as Reception No. 972775 . (Affects Sections 22 and 27 of Parcel 1 ; and affects S► SWk 16-4-62; NWk SWk and ES SWh 17-4-62; NWk SEk 18-4-62; NEk NWk and NS NEk 20-4-62 ; NS NWK, NWk NEk and ES NEk 21-4-62 ; Nk NWk and NEk SWk 22-4-62 ; WS SEk and SEk SEh 27-4-62 of Parcel 3) 11 . The Sanford Reservoir System, consisting of the Sanford and Eagles ' Nest Reservoirs and rights of way therefore as evidenced by instrument filed December 23, 1907 as Filing No. 124898 . (Affects Sections 19 and 24 of Parcel 1 ; and affects SWk SEk , Eh SWk and SWk SEk 17-4-62; SWk SELL 18-4-62; NW's, NWh SWh, ES SWk, NEk, WS SELL and NEk SELL 19-4-62 ; NWk, NS SWk, NEk, WS SELL and NEk SEk 20-4-62 of Parcel 3) 12. The Mackley-Tabor Seepage Ditches and Reservoirs and rights of way therefore as evidenced by instrument filed July 22 , 1909 as Filing No. 143863 . (Affects Section 22, 23, 24 and 27 of Pardel 1; and affects NEk SE. 22-4-b2; SEk 27-4-62 of Parcel 3) B-3 900226 B 1098 RFC 02038419 01/08/86 14 : 4 $48. 00 7/016 F 1245 r. .Y ANN FEUERSTEIN CLERK 6 .._:CORDER WELD CO, CO 13 . The Corona Ranch Ditch and rights of way therefore as evidenced by instrument filed October 4 , 1909 as Filing No. 145933 . (Affects Sections 23 and 24 of Parcel 1 ; and affects Sk SW4 16-4-62 ; SW4 NW4, Nh SW4 and SE4 17-4-62 ; NE4 NW4 and Ny NE4 21-4-62; NW4 and Sy NE4 22-4-62 ; SW4 NW4 23-4-62 of Parcel 3) 14 . The Mackey Drain Ditch and rights of way therefore as evidenced by instrument filed October 4 , 1909 as Filing No. 145934 . (Affects Sections 23 and 24 of Parcel 1) 15 . The Lost Creek Seepage Ditch and rights of way therefore as evidenced by instrument filed October 4 , 1909 as Filing No. 145935 . (Affects Section 24 of Parcel 1) 16. The Kersey Canal and rights of way therefore as evidenced by instrument filed October 20, 1910 as Filing No. 159981 . (Affects Sections 22 and 27 of Parcel 1 ; and affects Wh SW4 and SE4 SW4 17-4-62 ; NE4 NW4 and NE4 20-4-62 ; W/ NW4, NE4 NW4( NW4 NE4 and E4 NE4 21-4-62; S1 NW4 and Ny SW4 22-4-62; SW4 SE4 and E4 SE4 27-4-62 of Parcel 3) 17 . Right of way for ditches or canals constructed by the authority of the United States as reserved in the Patent recorded February 26 , 1917 in Book 461 at Page 123, as to the W1 SW4 of Section 24 , and recorded August 18, 1919 in Book 507 at Page 363 , as to the Wy SE4 of Section 22 and the W4 NE4 of Section 27 ; and recorded March 22 , 1921 in Book 595 at Page 302, as to the SE4 SE4 of Section 22 , SW4 SW4 of Section 23 , Eh NE4 of Section 27; and recorded June 4 , 1921 in Book 511 at Page 515, as to the E4 SW4 and SE4 NW4 of Section 23 ; and recorded April 6, 1922 in Book 595 at Page 484 , as to the SE4 NW4 of Section 25 . (All part of Parcel 1) 18. The James H. Mackley pipe line and rights of way therefore as evidenced by instrument filed December 19, 1917 as Filing No . 264524 . (Affects Section 25 of Parcel 1) 19. The Stoney Point Reservoir and rights of way therefore as evidenced by instrument filed April 2, 1921 as Filing No. 350622 . (Affects Section 22 of Parcel 1 ; and affects NE1 SE4 of Section 22-4-62 of Parcel 3) 20. Right of way along the East line of the Wy SW4 of Section 24 of Parcel 1 as reserved by James H. Mackley in the deed recorded February 1, 1923 in Book 687 at Page 404 21. A right of way for public highway as granted to Weld County by right of way deed recorded March 21, 1927 in Book 814 at Page 442 . (Affects Section 19 of Parcel 1) 22. Right of way for public highway as granted to Weld County by right of way deed recorded May 9, 1927 in Book 833 at Page 7 . (Affects Section 24 of Parcel 1) 23. Right of way for public highway as granted to Weld County by right of way deed recorded May 9, 1927 in Book 833 at Page 8 . (Affects Sections 22 and 23 of Parcel 1) 24. Right of way for public highway as granted to Weld County by right of way deed recorded May 9, 1927 in Book 833• at Page 9 . (Affects Section 23 of Parcel 1) 25. Right of way for public highway as granted to Weld County by right of way deed recorded July 27, 1927 in Book 833 at Page 169 . (Affects Section 24 of Parcel 1) 26. An easement for the construction and maintenance of an electric transmission line as granted to the United States of America by instrument recorded December 7, 1939 in Book 1053 at Page 560 , (Affects Sections 22 and 23) , and in the instrument recorded January 8 , 1940 in Book 1055 at Page 346. (Affects Section 25, all part of Parcel 1) B-4 900226 • B 1098 REr 02038419 01/08/86 14: 42 $48.00 8/016 F 1246 MA. ANN FEUERSTEIN CLERK & R. JRDER WELD CO, CO 27. An undivided 1/3 of all oil, gas and other minerals in, on or under- lying said lands with a right of ingress , egress and regress upon said land to prospect for, mine, drill and remove any and all such oil, gas or other minerals as reserved by Bessie Lyons Harrison in the deed recorded September 7, 1954 in Book 1399 at Page 101, and any interests therein or rights thereunder. (Affects W/ SEk of Section 22 and Wy NE4 Section 27 of Parcel 1) 28 . An undivided y interest in and to any oil, gas, coal and other minerals and the right of ingress, egress, and regress to prospect for, mine, drill and remove any and all such oil , gas, coal or other minerals as reserved by John Weiss and Mary Weiss in the Deed recorded December 31 , 1957 in Book 1493 at Page 79 , and any interests therein or rights thereunder. (Affects Parcel 1) 29. An undivided k interest in and to all of the oil , gas and other minerals in, under and that may be produced from said lands as granted by Birchby and Nauman, Inc. , by Mineral Deed recorded May 28 , 1963 in Book 1648 at Page 194, and any interests therein or rights thereunder. (Affects Parcel 1) 30. An undivided k of the grantors interest as granted to Walter Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534309 , and as granted to Carl Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534310 , and as granted to Harry Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534311 , and as granted to Alex Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534312 , and any interests therein or rights thereunder. (Affects Parcel 1) 31. Reservation as contained in the Patent from the State of Colorado, recorded May 11, 1973 in Book 691 as Reception No. 1613022 , as to the W1 SWk of Section 24 , and recorded May 11, 1973 in Book 691 as Reception No. 1613023, as to SEk of Section 23 , as follows: Reserving, however, to the State of Colorado, all rights to any and all minerals, ores and metals of any kind and character, and all coal, asphaltum, oil, gas or other like substance in or under said land, the right of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances. (Affects Parcel 1) 32 . An easement for canal as granted to the Bijou Irrigation Company by instrument recorded December 7, 1973 in Book 704 as Reception No. 1626122 . (Affects Section 23 of Parcel 1) 33 . An undivided y interest in and to coal, oil, gas and other minerals now owned by the grantor together with a right to enter upon the surface for ingress, egress and regress for the purpose of drilling and prospecting the same, provided however, that such right to drill and/or prospect and those rights relating to access shall not be exercised in a manner which would interfere with the surface rights of the grantee hereunder, John F. Orr, or cause any damage whatsoever to the subject property, water rights appurtenant thereto, personal property owned by the grantee or damage or interfere with any of the activities of the grantee hereunder, as reserved by Robert L. Twist, Trustee, of the Robert L. Twist Revocable Trust dated November 14 , 1975, recorded November 17, 1975 in Book 753 as Reception No. 1674796 , and said reservation was re-stated in Correction Deed recorded May 10 , 1976 in Book 766 as Reception No. 1688127, and any interests therein or rights thereunder. (Affects Parcel 1) B-5 • 900226 F 124'' 02038419 / 14: 42 MARYANNFEUERSTEINCLERK RECORDER WELD CO, 0CO 34. Easement and right of way for the purpose of relocation of the ditch rider road, as granted to Bijou Irrigation District by John F. Orr, in the instrument recorded July 29 , 1983 in Book 1003 as Reception No. 01935159 , affecting the following described property: A tract or parcel of land in the Wy of the SE► of Section 22 , Township 4 North, Range 62 West, of the 6th P.M. , said tract or parcel being more particularly described as follows : Beginning at a point on the North right of way line of S.H. 34 (April 1983) from which the West Quarter Corner of Section 22, Township 4 North, Range 62 West, 6th P.M. , bears N70°20 ' 15"W, a distance of 2 ,974 . 4 feet: 1. thence N17°00 ' 45"E, a distance of 50 .0 feet; 2. thence S72°59 ' 15 'E, a distance of 340 .0 feet; 3. thence S17°00 ' 45"W, a distance of 48 . 9 feet to the North right of way line of S.H. 34 (April 1983) ; 4 . thence along said North right of way line, along the arc of a curve to the right, having a radius of 2 ,814 .8 feet, a distance of 80. 2 feet (the chord of this arc bears N73°48 '15"W, a distance of 80. 2 feet) ; 5. thence N72°59 ' 15"W, along said North right of way line, a distance of 259 .8 feet, more or less, to the Point of Beginning. AND A tract or parcel of land in the W1 of the SE4 of Section 22 , Township 4 North, Range 62 West, of the 6th P.M. , said tract or parcel being more particularly described as follows: Beginning at a point on the South right of way line of S.H. 34 (April 1983) from which the West Quarter corner of Section 22, Township 4 North, Range 62 West, 6th P.M. bears N68°45 '30"W, a distance of 3 ,220 .0 feet: 1. thence 572°59 '15"E, along the South right of way line of S .H. 34 (April 1983) a distance of 19 . 8 feet; 2. thence along said South right of way line along the arc of a curve to the left, having a radius of 2, 914 . 8 feet, a distance of 80 .2 feet (the chord of this arc bears S73°46 ' 30"E, a distance of 80 . 2 feet) ; 3 . thence 517°00 ' 45"W, a distance of 126 . 1 feet; 4. thence N72°59 '15"W, a distance of 100 .0 feet; 5. thence N17°00 '45"E, a distance of 125 .0 feet, more or less, to the' Point of Beginning. (Affects Parcel 1) 35. Right of way for public highway along the North 50 feet of the East 600 feet of the subject property as conveyed to Weld County by Right of Way Deed recorded March 3, 1927 in Book 814 at page 383 . (Affects Parcel 2) 36. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded March 31, 1888 in Book 57 at Page 41. (Affects S1 SW1 15-4-62 of Parcel 3) 37. All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded August 17, 1926 in Book 677 at Page 173 . (Affects S1 16-4-62 of Parcel 3) 38 . All right, title, interest, claim and demand in any and all minerals, ores and metals of every kind and character, and all coal , asphaltum, oil and other like substances, and the right of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances in and under said land as granted to the State of Colorado by Deed recorded May 18, 1918 , in Book 479 at Page 281 , and as reserved in the Patent recorded January 10 , 1927 in Book 677 at Page 181, and any interests therein or rights thereunder. (Affects Section 18 of Parcel 3) 39 . Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 2 , 1920 in Book 595 at Page 208 . (Affects SW's 20-4-62 of Parcel 3) B-6 900226 419 86• F 1248 MARYrwdNBFEUERSTEIN/CLERK 464 � RECORDER WELD CO, CO 40. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 4, 1920 in Book 595 at Page 54 . (Affects Nk 20-4-62 of Parcel 3) 41. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 8, 1924 in Book 677 at Page 89. (Affects SEk 20-4-62 of Parcel 3) 42 . Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 11 , 1906 in Book 132 at Page 135. (Affects NEk 21-4-62) 43. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 9, 1916 in Book 418 at Page 422 . (Affects SEk 21-4-62 of Parcel 3) 44 . Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 11, 1906 in Book 132 at Page 365 . (Affects SEk NEk and NEk SEk 22-4-62, and SWk NWk and NWk SWk 23-4-62 of Parcel 3) 45. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 16 , 1919 in Book 507 at Page 326 . (Affects SWk 22-4-62 of Parcel 3) 46. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 2, 1919 in Book 460 at Page 91. (Affects NEk NEk 22-4-62 of Parcel 3) 47. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded February 14 , 1928 in Book 668 at Page 270. (Affects Sk Nigh 22-4-62 of Parcel 3) 48 . Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 8 , 1917 in Book 489 at Page 237. (Affects NWk 27-4-62 of Parcel 3) 49 . Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 17, 1922 in Book 511 at Page 579. (Affects SEk 27-4-62 of Parcel 3) 50. Reservation of all coaland other minerals within or underlying said lands, the exclusive right to prospect in and upon said land for coal and other minerals therein, or which may be supposed to be therein, and to mine for and remove from said land, all coal and other minerals which may be found thereon by anyone, the right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals, and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places , mines and for roads and approaches thereto or for removal therefrom of coal , mineral, machinery or other material , and the right to said Union Pacific Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Deed recorded July 21 , 1900 in Book 178 at Page 404 , and any interests therein or rights thereunder. (Affects Secticn 17 of Parcel 3) • 3-7 900226 B 1098 REC 02038419 01/08/86 14: 42 _ $48 .00 11/016 F 1249 MAR`' '.NN FEUERSTEIN CLERK & REC DER WELD CO, CO 51. All oil , coal and other minerals within or underlying said lands; the exclusive right to prospect in and upon said land for oil , coal and other minerals, therein, or which may be supposed to be therein, and to mine for and remove from said land all oil , coal and other minerals which may be found thereon by anyone; the right of ingress , egress and regress upon said land to prospect for, mine and remove any and all such oil, coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines , and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto or for removal therefrom of oil, coal, mineral , machinery or other material; and the right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in warranty Deed recorded February 16 , 1916 in Book 429 at Page 347, and any interests therein or rights thereunder. (Affects 19-4-62 ; Wh 21-4-62 and 29-4-62 of Parcel 3) 52 . New Empire Reservoir and Ditches, and any and all rights of way therefore, as evidenced by instruments filed January 24 , 1902 as Filing No. 82172 and July 8, 1903 as Filing No. 91686, insofar as the same may affect subject property. (Affects Sh SWk 16-4-62 ; Nh NEh 20-4-62 ; Nh NWk and NEk 21-4-62 ; sh NWk, Nh SWh and NEk SEk 22-4-62; and Wh NWk 27-4-62 of Parcel 3) 53 . Empire Reservoir and Canals, and any and all rights of way therefor, as evidenced by instruments filed September 6 , 1905 as Filing No . 104690, insofar as the same may affect subject property. (Affects Sh SWk 16-4-62 ; NEh NEk 20-4-62 ; NWk NWk and Nh NEk 21-4-62 ; . SWh NWk and SWk 22-4-62 of Parcel 3) 54. Empire Ditch Enlargement, and any and all rights of way tnerefor, as evidenced by Map filed February 7, 1946 as Filing No. 972775 , insofar as the same may affect subject property. (Affects Sh SWh 16-4-62; NEk NWk and Nh NEt 20-4-62; Nh NWk, NWk NEk and Eh NEk 21-4-62; Sh NWh and NEk SWk 22-4-62; Wh SEk and SEk SEk 27-4-62 of Parcel 3) 55 . Enlargement of Eagles Nest Reservoir, and any and all rights of way therefor as evidenced by Map and Statement filed November 10 , 1908 as Filing No. 133733 , insofar as the same may affect subject property. (Affects NWk, Nh SWk, NEk, Wh SEk and NEk SEk 19-4-62 of Parcel 3) 56. Enlargement of the Sanford Reservoir, and any and all rights of way therefor, as evidenced by Map and Statement filed September 20, 1909 as Filing No. 145542, insofar as the same may affect subject property. (Affects NWk, NWk SWk, Eh SWk, NEk and SEk 20-4-62; Wh 21-4-62 ; NEk NEh 29-4-62 of Parcel 3) 57 . Sanford Seepage Ditch, and any and all rights of way therefor, as evidenced by Map and Statement filed May 2, 1908 as Filing No. 128906, insofar as the same may affect subject property. (Affects NWh Nigh, Eh NWh and Sh NEk 22-4-62; SWk NWk 23-4-62 of Parcel 3) 58 . Easement and right of way for county wagon road 60 feet wide, as conveyed to the Board of County Commissioners of Weld County by The Sanford Cattle Company in Quit Claim Deed recorded May 14 , 1891 in Book 76 at Page 378 , affecting the following described property : Commencing at a point where the Bijou Reservoir and Canal Company ' s Canal enters Section 17, Township 4 North, Range 62 West on the West line of said section, and South line of the right of way of said canal, continuing thence East along the South line of said right of way, to the East line of said Section 17, thence North across said Canal 30 feet in width along the East line of said Section 17 to the North line of said right of way to a point 60 feet from said right of way. Again commencing at East line of SWk of SWh of Section 16 , Township and Range aforesaid continuing, thence East along the North line of said right of way through Sections 16 , 15 , 22 and thru the SWk of NWk of Section 23 , all in Township 4 West, Range 62 West terminating on the East line of the said SWh of NWh of Section 23 to the intersection of the Old Territorial Wagon Road. (Affects Parcel 3) B_8 900226 • B 1098 REC 02038419 01/08/86 14: 42 48.00 12/016 F 1250 MARY JN FEUERSTEIN CLERK & RECC_.JER WELD CO, CO 59. Easement and right of way for constructing, operating, repairing and maintaining an irrigation ditch, as granted to Eugene A. Von Winckler in Final Rule and Decree recorded April 4 , 1887 in Book 69 at Page 171, affecting the following described parcels of land: First: In Section 17 , Township 4 North, Range 62 West, being a strip 2 rods wide and 5400 feet long. Center line of said strip commencing 2684 feet N6°45 'E, (var. 14°30 'E) from Southwest corner of said Section 17; thence Easterly about 500 feet, thence Southeasterly with slight meanderings 4900 feet to East line of said Section 17, 1017 feet North of the Southeast corner of said Section. Second: In Section 16 North, Range 62 West, being a strip 1 rod wide and 3800 feet long, center line commencing on line between Sections 17 and 16 , 1017 feet North of Southeast corner of Section 17, thence in said Section 16 in gen Southeasterly to South line of said Section 16, 1872 feet West of Southeast corner of said Section. Third: In NEh of Section 21, Township 4 North, Range 62 West, being a Strip 1 rod wide and 1975 feet long. Center line commencing on North line of said quarter section 1872 feet West of Northeast corner thereof. Thence in general East-Southeasterly to East line of said Section 21, 430 feet South of its Northeast corner. Fourth: In Nh of Section 22, Township 4 North , Range 62 West, being a strip 1 rod wide and 5675 feet long. Center line commencing on West line of said Section 22 , 430 feet South of Northwest corner of said Section 22, thence in gen Southeasterly 2965 feet to East line of said Quarter Section 1601 feet South of Northeast corner thereof, thence Easterly 2700 feet to East line of said Quarter Section 721 feet North of its Southeast corner. Fifth: In SW4 of NWk of Section 23 , Township 4 North, Range 62 West being a strip of land 1 rod wide and 1400 feet long. Center line commencing on West line of said Quarter Quarter Section 721 feet North of Southwest corner thereof. Thence in gen. Easterly to East line of said SWk of NW► of Section 23 aforesaid 720 feet North of Southeast corner thereof. (Affects Parcel 3) 60. All oil, coal and other minerals within or underlying the NE4 NE4 of Section 20-4-62, together with the exclusive right to prospect in and upon said land for oil, coal and other minerals therein, or supposed to be therein, and to mine and remove from said land all oil, coal and other minerals found thereon by any one, as granted to John E. Painter by Lucius E. Thalley in Warranty Deed recorded March 7, 1924 in Book 739 at Page 143 , and any interests therein or rights thereunder. (Affects Parcel 3) • 61. Easement and right of way for a public highway, as granted to Weld County, by Lucius E. Thalley in right of way Deed recorded March 26 , 1927 in Book 814 at Page 464 , affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the North line of Section 20 , Township 4 North, Range 62 West of the 6th P.M. , from whence the Northwest corner of said Section 20 bears N89 °54 'W, a distance of 1133 feet; thence S72°58 'E, a distance of 4454 . 2 feet to a point on the East line of said Section 20 , from whence the East Quarter corner of said Section 20 bears S0°23 'E, a distance of 1369 feet. (Affects Parcel 3) 62 . Easement and right of way to construct, operate and maintain an electric transmission line, as granted to the United States by Lucius E. Thalley by Grant of Easement recorded December 1 , 1939 in Book 1053 at Page 427, affecting the following described property: N1 N1 and SEA NE4 of Section 20 , Township 4 North, Range 62 West of the 6th P.M. The center line shall be as follows: Beginning at a point on the East line of Section 20, Township 4 North, Range 62 West, whence the Northeast corner of said Section 20 bears Northerly 1386 feet; thence N72°58 'W, 4684 feet to the North line of the said Section 20 . (Affects. Parcel 3) B-9 900226 u 1098 REC.: 02038419 01/08/86 14 : 42 $48 .00 13/016 • F 1251 MP"Y ANN FEUERSTEIN CLERK & P"^.ORDER WELD CO, CO 63. Easement and right of way, as conveyed to the Bijou Irrigation District by The Sanford Cattle Company in Quit Claim Deed recorded July 10 , 1906 in Book 234 at Page 571, affecting the following described property: That part of the SW4 of Section 17-4-62 described as follows : A • strip of land 125 feet wide and 3661 feet long being 35 feet on the South side and 90 feet on the North side, VIZ : Commencing at a point in the West line of said Section 17, whence the Southwest corner of said Section bears due South 2210 . 1 feet, running thence 580°26 ' E, 81. 7 feet; thence S73°48 'E, 250 . 5 feet; thence 550°40 'E, 498. 3 feet; thence S47°37 'E, 299.9 feet; thence S59°39 ' E, 198. 7 feet; thence S84°53'E, 297. 8 feet; thence S86°39 'E, 199 . 2 feet; thence $62°18 'E, 447 feet; thence S29°45 'E, 344. 6 feet; thence S02°03 ' E, 549. 3 feet; thence S25 °21'E 494 feet to a point in the South line of said Section 17 whence the Southwest corner of said section: bears N89°11'W 2401. 8 feet. Also that part of the NE4 of Section 21-4-62 described as follows: A strip of land 125 feet wide and 3227. 9 feet long, being 35 feet on the South side, 90 feet on the North side, VIZ ; Beginning at a point in the East line of said Section 21 , whence the East quarter corner of said section bears S00°10 ' E 616 . 6 feet; running thence N34°30 'W 1331. 6 feet; thence N45°51'W 249. 9 feet; thence N64°29 'W 248. 1 feet; thence N85°46 'W 149 . 6 feet; thence N78°00 'W 449. 3 feet; thence N83°23'W 299 . 6 feet; thence N80°02'W 499 . 8 feet to a point in the half section line running North and South through said Section 21. (Affects Parcel 3) 64 . Easement and right of way, as conveyed to The Bijou Irrigation District by Ada B. Sanford in Quit Claim Deed recorded July 10- 1906 in Book 212 at Page 455 , affecting the following described property: Those portions of the NW; of Section 21-4-62 described as follows : A strip of land 125 feet wide and 917 feet long, being 35 feet on the South side and 90 feet on the North side of the follow- ing described line VIZ : Beginning at a point in the West line of said Section 21, whence the Northwest corner of said section bears N00 °31'E 416 feet; running thence N64 °21' E 917 .9 feet to a point in the North line of said Section 21, whence the Northwest corner thereof bears N89°30 'W 846 . 3 feet. A strip of land 125 feet wide and 1495. 6 feet long, being 35 feet on the South side and 90 feet on the North side, of the following described line VIZ : Beginning at a point in the North line of said Section 21, whence the Northwest corner thereof bears N89 °30 'W 1470. 2 feet; running thence S47°07'E 398. 3 feet; thence 548°03 'E, 349 .9 feet; thence $69°39 'E 248 .3 feet; thence S76°02'E 499 . 1 feet to a point in the half section line running North and South through said Section 21. (Affects Parcel 3) 65. Easement and right of way for Empire Canal, as conveyed to The Bijou Irrigation District by J. Sanford in Quit Claim Deed recorded September 11, 1913 in Book 373 at Page 198, affecting the following described property: Those portions of the NE4 of Section 21-4-62W of the 6th P.M. , more particularly described by metes and bounds as follows : Parcel (a) Beginning at a point on the South boundary line of the right of way of the Empire canal where the same traverses said lands , from which the Northeast corner of said Section 21 bears N37°5 ' E 1270 feet; thence S56 °50 'W 100 feet; thence N45°30 'W 197 feet; thence N64°55 'W 215 feet; thence N87°45 'W 112 feet; thence due North 100 feet to the South boundary line of the said Empire Ditch; thence along the South boundary line of the right of way of said ditch 86 °20 ' E 143 feet; thence $64°35 'E 241 feet; thence $46 ° 30 'E 237 feet to the place of beginning, Parcel (b) Beginning at a point whence the Northeast corner of said Section 21 bears N60 °10 'E 1085 feet; thence 526° 30 'W 150 feet to the North boundary line of the right of way of said Empire Ditch ; thence N64°15 'W 107 feet; thence N84°30 'W 183 feet; thence S79°35 'W 223 feet; thence N11°10 'W 150 feet; thence N79°40 'E 257 feet; thence S82°30 'E 244 feet; thence $64°10 'E 108 feet to the place of beginning, • B-10 • 900226 EC 419 86 2• F 1252 FMARY0ANNBFEUERSTEIN/CLERK4&4 • 0 REC :DER WELD CO/ CO • 66 . Easement and right of way for a public highway, as granted to Weld County by Albert J. Bothwell, in right of way Deed recorded March 22 , 1927 in Book 814 at Page 450, affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the West line of the SEk, Section 18 , Township 4 North, Range 62 West of the 6th P. M. , from whence the Southwest corner of said SEk, Section 18, bears S0° 10 'W a distance of 1061 . 3 feet, more or less; thence S72°58 'E a distance of 2845 . 2 feet, more or less, to a point on the East line of said SEk, Section 18, from whence the Southeast corner of said Section 18 bears S0°58 'W a distance of 343 .7 feet, more or less. Also, a strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the West line of Section 17, Township 4 North of Range 62 West of the 6th P. M. , from whence the Southwest corner of said Section bears S0°53 'W a distance of 343 .7 feet, more or less; thence S72°58 'E a distance of 1180 .7 feet, more or less, to a point on the South line of said Section 17 , from whence the Southwest corner of said section bears N89°54 'W a distance of 1133 feet, more or less . Also a strip of ground 100 feet wide, it being 50 feet on each side of the following described centerline: Beginning at a point on the West line of Section 21 , Township 4 North of Range 62 West of the 6th P. M. , from whence the West quarter corner of said Section 21 bears S0°23 'E a distance of 1389 feet, more or less; thence S72°58 'E a distance of 5545 . 1 feet, more or less, to a point on the East line of said Section 21 , from whence the East quarter corner of said Section 21 bears N0°03 'W a distance of 171 .2 feet, more or less. Also a strip of ground 100 feet wide, it being 50 feet on each side of the following described centerline: Beginning at a point on the West line of the SWk, Section 22, Township 4 North of Range 62 West of the 6th P. M. , from whence the West quarter corner of said Section 22 bears N0°03 'W a distance of 171 . 2 feet, more or less; thence S72°58 'E a distance of 2631 . 9 feet, more or less, to a point on the East line of said SWk, Section 22 , from whence the South quarter corner of said Section 22 bears S1°02 'E a distance of 1508 .6 feet, more or less. (Affects Parcel 3) 67 . Easement and right of way for Empire Canal, as conveyed to The Bijou Irrigation District by J. Sanford in Quit Claim Deed recorded Septemier 11, 1913 in Book 373 at Page 198, affecting the following described property: Those portions of the NE; of Section 21-4-62W of the 6th P.M. , more particularly described by metes and bounds as follows : Parcel (a) Beginning at a point on the South boundary line of the right of way- of the Empire canal where the same traverses said lands, from which the Northeast corner of said Section 21 bears N37'5 ' E 1270 feet; thence S56 °50 'W 100 feet; thence N45 °30 'W 197 feet; thence N64°55 'W 215 feet; thence N87°45 'W 112 feet; thence due 'North 100 feet to the South boundary line of the said Empire Ditch; thence along the South boundary line of the right of way of said ditch 86 °20 ' E 143 feet; thence $64 °35 'E 241 feet; thence 5.46 °30 ' E 237 feet to the place of beginning, Parcel (b) Beginning at a point whence the Northeast corner of sail Section 21 bears N60 °10 ' E 1085 feet; thence S26 °30 ' W 150 feet to the North boundary line of the right of way of said Empire Ditch ; thence N64 °15 'W 107 feet; thence N84 °30 'W 183 feet; thence S79 °35 'W 223 feet; thence N11° 10 'W 150 feet; thence N79 '40 ' E 257 feet; thence S82°30 ' E 244 feet; thence $64 °10 ' E 108 feet to the place of beginning , 68 . Easement and right of way for ditch, as granted to The Bijou Reservoir and Canal Company by order of Court recorded October 25 , 1891 in Book 106 at Page 55. (Affects NW; 22-4-62 ; SWkNWk 23-4-62 of Parcel 3) B-11 900226 lliu 1.hL 020.58419 01/08/86 14 : 42 $48 . 00 15/016 F 1253 MARY INN FEUERSTEIN CLERK & RECO' ?R WELD CO, CO 69. Easement and righ, of way for public highway, as granted to Weld County by Albert J. Bothwell in Right of Way Deed recorded March 22, 1927 in Book 814 at Page 451, affecting the following described property: A strip of ground 50 feet wide, it being 25 feet on each side of the following described center line : Beginning at a point on the West line of the NE;, SE;, Section 22, Township 4 North , Range 62 West of the 6th P .M. , from whence the Southwest corner of said NE1/4,SE:, Section 22 , bears Southerly a dis- tance of 25 feet, more or less; thence Easterly along a line parallel with and distant 25 feet Northerly from the South line of said NE: , SE;, Section 22 , a distance of 1394. 8 feet, more or less , to a point on the East line of said NE;SE;, Section 22 , bears Southerly a dis- tance of 25 feet, more or less. Also, a strip of ground 50 feet wide, it being 25 feet on each side of the following described center line: Beginning at a point on the West line of the NW:SW; Section 23, Township 4 North , of Range 62 West of the 6th P.M. , from whence the Southwest corner of said NW;SW: Section 23 , bears Southerly a distance of 25 feet, more or less; thence Easterly along a line parallel with and distant 25 feet Northerly from the South line of said NW;SW4, Section 23 , a distance of 1306 . 5 feet, more or less to a point on the East line of said NW:SW:, Section 23, from whence the Southeast corner of said NW:SW: , Section 23 , bears Southerly a distance of 25 feet. (Affects Parcels 1 and 3) 70 . All mineral and mineral rights, as reserved by C. Guy Warner in warranty Deed recorded October 13 , 1925 in Book 787 at Page 23, and any interests therein or rights thereunder. (Affects NE4 NEh 22-4-62 of Parcel 3) 71. Right of way as now constructed over across the S: of Section 17 as granted to the Bijou Irrigation Co. by instrument recorded August 7, 1905 in Book 212 at Page 207. (Affects Parcel 3) 72 . Easement for right of way, as conveyed to Charles H. Krause by L. W. Littler in Quit Claim Deed recorded November 17, 1947 in Book 1215 at Page 208, in which the specific location of said easement is not defined. (Affects 29-4-62 of Parcel 3) 73. An undivided interest of all oil, gas and other minerals now owned by grantors, as reserved by Andrew Gerald Orr and Grace Ellis Orr in Warranty Deed recorded November 2, 1970 in Book 635 as Reception No. 1556908 , and any interests therein or rights thereunder. (Affects Parcel 3) 74 . An undivided 1/32 interest in all of the oil, gas, coal and other minerals, as granted to Andrew Gerald Orr and Grace Ella Orr, by Decree recorded July 11, 1977 in Book 892 as Reception No. 1724116, and any interests therein or rights thereunder. (Affects SE} 20-4-62 of Parcel 3) 75. Terms, agreements, provisions, conditions , obligations and restrictions which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based upon race, creed, color or national origin, as contained in Use By Special Review, recorded September 17 , 1982 in Book 978 as Reception No. 1904118 , providing substantially as follows: (1) The uses permitted on this site shall include the extraction of the barrow material as described in the application materials on file with the Department of Planning Services. (2) The request shall comply with the operation, policies of Section 44 . 4 of the Weld County Zoning Ordinance . • (3) Design standards for Uses by Special Review, Section 24 . 5 et.seq. of the Weld County Zoning Ordinance shall be complied with. (4 ) Operations Standards for Uses by Special Review, Section 24 .6 et. seq. of the Weld County Zoning Ordinance shall be complied with. (5) The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment of the Permit by the Weld County Planning Commission before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (6) The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards . Noncompliance with any of the above stated standards may be reason for revocation of the permit. (Affects N► NE: of Section 20-4-62 of Parcel 3) B-12 900226 • B 1098 REC 02x'8419 01/08/86 14: 42 $`9. 00 16/016 F 1254 MARY A. FEUERSTEIN CLERK & RECORL .t WELD CO, CO 76. Power Line Easement from Edwin T. Orr to Seller by general warranty deed: the NE►t of Section 21, Township 4 North, Range 62 West, of the 6th P.M. , Weld County, Colorado, together with all water rights, improvements, and appurtenances located thereon and used in connection therewith, except household furniture and other personal property ether than any existing blinds or curtains, which blinds and curtains shall be conveyed with property. 77 . Morgan County Rural Electric Association Right of Way Easement dated August 12, 1985 from Morgan County Rural Electric Association to Stockwell; NW% of Section 19 , Township 4 North, Range 61 West of the 6th P.M. 78 . Agreement for Electric Services dated , 1985 from Morgan County Rural Electric Association to John F. Orr ; Sy SEk NW: of Section 19 , Township 4 North, Range 61 West, 6th P.M. • 79 . Permanent Easement dated July 7, 1983 from John F. Orr to Bijou Irrigation District: a tract or parcel of land No. PE-15 Rev. of the State Department of Highways, Division of Highways, State of Colorado, Project No. FC 034-2 (91 containing 0 . 390 acres, more or less , in one W1 of one SEA of Section 22, Township 4 North Range 62 West, of 6th P.M. , in Weld County, Colorado. 80. Morgan County Rural Electric Association Right of Way Easement dated March 8, 1979 from John F. Orr to Morgan County Rural Electric Association for the N1/2SE1/4 of Section 23, Town- ship 4 North, Range 62 West of the 6th P.M. , Morgan County, Colorado. 81. Morgan County Rural Electric Association Irrigation Pump Power Contract dated March 8, 1979 from John F. . Orr to Morgan County Rural Electric Association for N1/2SE1/4 of Section 23 , Township 4 North, Range 62 West, 6th P .M. , Weld County, Colorado. 82 . Agreement for Electrical Service dated July 2, 1982 between • Morgan County Rural Electric Asaociation and John F. Orr; t.W;NE: of Section 20, Township 4 North, Range 62 West, 6th P.N. 83. Easement and right of way to construct, operate and maintain an electric transmission line, as granted to the United States by L.W. Littler in Grant of Easement recorded December 31, 1942 in Book 1103 at Page 373, affecting the following described property: Section 21 and SW; Section 22, 51/25E► Section 18 and SWi5Wi Section 17, Township 4 North, Range 62 West of the 6th P.M. The center line shall be as follows : Beginning at a point on the West line of Section 21, Township 4 North, Range 62 West of the 6th P.M. , whence the Northwest corner of said Section 21 bears North 1386 feet; thence S72°58' E, 8189 feet to the North-South center line of Section 22 , Township 4 North, Range 62 West. Also beginning at a point on the North-South center line of Section 18 , Township 4 North, Range 62 West of the 6th P.M. , whence the South quarter section corner bears South 977 feet; thence 572°58 ' E, 3589 feet to the South 'line of Section 17 , Town- ship 4 North, Range 62 West of the 6th P.M. Affects Parcel 3) 900226 B-13 azy z/ Bond'No. 610 175922 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, EQUUS FARMS, INC., (hereinafter called the Principal), as Principal, and the WESTCHESTER FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of New Jersey (hereinafter called the Surety), as Surety, are held and firmly bound unto Board of County Commissioners, Weld County, Colorado, (hereinafter called the Obligee), in the sum of Seven Thousand Twenty Three Dollars and no/100 ($7,023.00/100) Dollars, for the payment of which sum well and truly to be made, we the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 20th day of February, 1990. WHEREAS, said Principal has entered into a Soil and Water Conservation Plan with said Obligee, for the conversion of Rangeland to Cropland including Pasture/Hayland for Farm No. 5911, Tract No. 5007, 5008 and Unnumbered covering 372.1 total acres in accordance with the terms and conditions of said plan, which is hereby referred to and made a part hereof as if fully set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said plan set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said plan specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full forces and effect. EODUS -M , IN . ke WESTC STEP FIRE‘INSURANCE COMPANY Vivienne Douglas, Attorney-in-Fact 900226 wr-ryon , c „et t , + t + I `> ,• POWER OF ATTORNEY ..Jr' ar \ �1;'fr ;s ,. a." /..4,:\, ?. ,. ESTCHESTER FIRE INSURANCE C. .PANY „i.,. ^' ,: ') „qy'_f ` ' ' �'" 4:, ' „ '`PRINCIPAL OFFICE, NEW YORK,'N.Y. , , ' `' KNOW ALL MEN BY THESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COMPANY aCor- poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these ,;presents make,constitute and,appoint ,Vivienne Douglas and Harriet J. Hunt of Denver;Colorado, ,' each " , ` 1 � rs r , ' �Ji.,� •s" . `- , �, -J` d 1 i '-W J P''''C. ' s . V, V T . A 4 :' ' ,A ' ' ; $. Y r.' . ,." ., ...--, +-, -- 11% ' 3YY'\\ s1 .1,,,.' (O., ' rJ ' ,.1 •, '.1.v` ', its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings SUBJECT TO THE EXCLUSIONS LISTED BELOW .'9 i • °,7' ,,,, . ...--• ;' "? ✓C''. , " 'Bid, Proposal and Final Bonds and Undertakings guaranteeing contracts for the construction or erection of public or private buildings, improvements, 'and other works and guaranteeing public and private contracts for supplies rr and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed ' and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township. r a+ . New Jersey in their own proper persons, ,• , ..-7 s -s' y.- .l .,- i , J v - This Power of Attorney limits' the act of those named therein to the bonds and undertakings specifically ' -named therein, and they have no authority to bind the Company except in the manner and to the extent therein Elated. d • , sh, f yi' y .', ,1 l . ,, -tir.';v.. v ., This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the Westchester Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7th day of July , 19 89 . •,�`"r'.`' Attest: WESTCHESTER FIRE INSURANCE COMPANY o0� cfyAe :;Cioeeaz, . a Assistant Secretary • A / �.//Vice, President - John K. Stewart ' Richard A. Annese STATE OF NEW JERSEY) ss. . COUNTY OF MORRIS ) ...i i x;'' d' l n ,:., :, ,,, On this ' 7th ' day of - July ` 19 89 , before the subscriber, a :duly qualified Notary Public of the State of New Jersey. came the above-mentioned Vice President and Assistant \ki ticrielara,of the Westchester Fire Insurance Company. to me personally known to be the officers described ,; \\O atttiiat f f4;cxecuted the preceding instrument, and they acknowledged the execution of the same. and being `` •44; y'ri1E' ,00;n, deposed and said, that they are the officers of said Company aforesaid,"and that` the"seal ' ' O;,' affixed to tt 4pgceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and INItfibiiiiiihatuics ,as officers were ;duly affixed ..find subscribed to'the said instrument by obi authority and " ,,.;- dirt<gjpn of tlieai Company ,E.a . . 's- ;,,.;, aV' „,: ." ,to r'`, " :�M, '�+ , '+ kga ,, u ^,._ ,,-, Hr. n .% 4", w,. ' ',, y ,�',, _ _ 'eitretz. FI t9LST(LMONWWHEREOF I have hereunto set my hand end `affixed my"seal at the Township of Morris. the ( •� day and year fi� above written I— M d!IDh' - A V" le'° 13/4"N'S , . �,�„rye...... 4'f x�` s , 110TARY PUBLIC NFN nay 1/47\ �4 r^' /y� �y� f� /i �`ft1ii\� x' ;YY C0MMISSICa E7t.`12°S 1111 t5. 199] �,ts ( �' "`J 1 r 11.Z l J ' \ r' (Sea) Notary ublic atl111 ii "�. ✓� !g '‘This' Power of Attorney is—granted pursuant to Article [V of the By-Laws of the WESTCHESTER FIRE INSURANCE •,, ' COMP ANY as now in full force an feet- C^mot` r x . a ' � ' r c y + ,r ✓ It ..� �va ' t / it,S , 1 4$'r tr + r•y r r ,j' ^a,s s e ` • ' ARTICLE IV Execution'of Instruments. "The Chairman of the Board, Vice-Chairman of the Board,President,or any Vice- 'President; in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an \ -,,,,Assistant Secretary,'shall have power on behalf of the Corporation d (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including,without limiting the foregoing, r any bonds,guarantees,undertakings,recognizances,powers of attorney or revocations of any powers of attorney,stipulations, ' ' - policies of insurance,'deeds,leases,mortgages, releases,satisfactions and agency agreements; 0 7n• , (b) to appoint, in writing, one or more persons for any or all'of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." , This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE III Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings,recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced , . , The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued,". ., CERTIFICATE • r, - State of New Jersey County of Morris - I,the undersigned,Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV and Article III, Section 9 of the By-Laws of the Corporation are now in full force and effect. Signed and sealed at the Township of Morris,New Jersey dated c C] a . 9a day of ti ry r ✓* !'et r; Y♦ Y� iA k w "s• :"° . .. . ' ',t B); `, 11.0•S .e� y��� , - -4C• , • A -t' • - a� Annum Seennry C� ti ' "' ' a' ev‘i ar � • ' ,3� Herbee.\der a� y� r; , i r&' max.. tpr . �� a i b, + ,�. d 't �„fi �t M"4 ' ��• n^� ..�R '+ ".,'JP- rt{ t ,yt�y « r yAi s, �?� , N. : -,. . ` t✓ r..•uw-i .v Sn ' 4 ' i+� ,!{ of ,r)' ��k a,.•' yr' , ,„� , ♦ m..• r �' t ` ��"�" . ,, k` q. FM. IOJ.O tar � kl Fk•�, , ,�.. OF -NA.NCE NO. 108-A PERMIT NO. PERMIT FOR PLOWING GRASSLAND APPLICANT NAME: -cols ( , , , ADDRESS: !. tr:: ,,la - ' LEGAL DESCRIPTION OF GRASSLAND (S) TO BE CULTIVATED: ATTACH FOLLOWING: APPROVED SOIL CONSERVATION PLAN, ALL MAPS AS REQUIRED BY ORDINANCE 108-A, AND PROOF OF OWNERSHIP OF GRASSLAND (S) OR, IF LEASED, PROOF OF AUTHORITY TO CULTIVATE. PERMIT FEE: $240 . 00 for the first 100 acres = $240 . 00 10 per acre thereafter = Total = COLLATERAL: (Must be in the sum of $30. 00 per acre. ) Approved by the Board in the sum of $ - . PERMIT AND COLLATERAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ON THE , •. DAY OF , 1986 . Landowner or Lessee By; r j , , +./..,;/ ),/, Chairman DATE:. s � /) _�qF F,< ATTEST: I " �t�w� I A Weld County Clerk and Recorder and Clerk to the Board SEAL $y-s-` ;<r rw-rk. kx , : _xx D puty County Clerk This Permit is issued pursuant to Ordinance No. 108-A adopted by the Weld County Board of County Commissioners on March 11 , 1986 , and requiring the issuance of permits for the plowout and cultivation of grassland (s) . Pursuant to said Ordinance, the Permittee is required to follow a conservation plan approved by the local Conversation District Board, must pay all applicable fees pursuant to Ordinance 142 , and must submit collateral in an amount as set by Ordinance 142 . Said collateral must be approved by the Board prior to the issuance of this Permit. B 1258 REC 02207669 03/13/90 15 : 14 %0. 00 1/062 F 0401 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PURPORTED CON 960226 Rev 4/1/86 • 7't�KnshIp r lf.i AlRange ,. , County ..:`.. __� -- State__ , ORDINANCE NO. 108 PERMIT NO. I I iI I I I i t i j I 1 �. • . I I I is---. I I : I I I I I e I , I , .' .. ' ��r .._.... .-- ... ... ... ........ t_ .........._._ .._........�.....-....- • ....... _ ._....�....... l .. _....... 1 .. i . I I I 1 i ., I i l ... _.._—.- - 21 ...—. .-- I I I I ....—...._....___ .......-.. .__-....I.................... ...... .. .I.. -. ..... ........ ..... .... • , . I i •' i • I ji :� I -AI • I ! I • I i I I —. —�._. ...-- r--— .—...... .... . ...... l > > I FORM 5O F 900226 WELD COUNTY COPY 130-040 4-01 SOIL AND WATER CONSERVATION PLAN EQUUS FARMS, INC. Robert Stovell , Mgr. Cooperator West Greeley Soil Conservation District Assisted by UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Debrah Sherman SCS Greeley Field Office Range Conservationist 900226 _ U.S. Department of Agriculture cpa63.doc (HAL) 1L7/39 Soil Conservation Servi — _ Greeley Field Office Page 1 of 4 RECORD OF COOPERATOR'S DECISIONS AND PROGRESS IN APPLICATION OPERATOR: Equus Ranches, Inc. MANAGER: Robert Stove ! ! FARM NO. : 5911 TRACT NO. : 5007, 5008, Unnumbered ====e==ae=esxmaMsa : PLANNED : APPLIED I LAND USE: Irrigated Cropland :FIELD : I TREATMENT: Conversion of Rangeland to :NUMBER: Amount Yr : Amount M/Yr I Cropland, incl . Pasture/Hayland . . . . . . : I Minimum Tillage : : ' IT5007 : I Fields will be planted to alfalfa or : 3A 1 94.2 ac 90 : 1 to other perennial forage or hay crops. : SB : 1 .2 ac 90 : I Fields will remain in perennial cover : 3C 1 3.4 ac 90 : 1 until stands are no longer productive. : I Stands will be renovated by planting . T500 6b.0 Unit I I fields to annual crops then returning : 4A : - 4J' ac 90 : 1 to perennial cover. The years a field 1 2D 1 9.0 ac 90 1 : is in an annual crop should not exceed I ZE 1 89.3 ac 90 1 1 the number of years in alfalfa. Annual : : 2F 1 7.0 ac 90 1 : crops may consist of 75-100% high : : : 1 residue. : Unnurnb : : . : 1A 1103.6 ac 90 1 After harvest of high residue crops, ' : : : I crop residues are left standing to 1 : I I overwinter (subsoiling/chiseling may : 1 I be done in the fall leaving a rough 1 I 1 : surface for overwinter) . After harvest . I of low residue crops, subsoiling/ , : I chiseling will be done in the fall : : I leaving a rough surface for overwinter. : : : I I Seedbed preparation is completed in the: . : spring. High residue crops may be : 1 I disced under before planting. Low I residue crops should not be tilled. At : I •: : : least 30% of the residues from the pre—: : : : vious crop should be left on the soil : : : : surface after planting. I 1 I . . I Manure will be applied at a rate of . 1 15 to 20 tons/acre after harvest of . I : : each annual crop. : : : 1 1 Herbicides may be used throughout the 1 1 : . : cropping sequence. Moldboard plowing is : 1 1 : : not considered to be a part of reduced : : I : 1 tillage operations. I : I 1 ' TOTAL AC. IN PLAN 372.1 : HIGHLY ERODIBLE LAND(HEL) AC. 372.1 * The application and maintenance of this conservation practice is required for compliance with the Food Security Act of 1935. 300226 I.J.S. DEPARTMENT OF AGRI; IRE • cpa.6Sdoc (HAL) 10/89 So i I Conservation Service Greeley Field Office Page 2 of 4 RECORD OF COOPERATOR'S DECISIONS AND PROGRESS IN APPLICATION OPERATOR: Equus Farms, Inc . MANAGER: Robert Stovell FARM NO. 5911 TRACT NO. : 5007, 5008, Unnumbered 1 PLANNED : APPLIED : Land Use: Irrigated Cropland FLD # I I Treatment: Standards and Specifications I Amount Yr : Amount M/Yr I #328, #329, and #449 1 . 1 . 1 1 1 . , 1 I : I Conservation Cropping Sequence (328) : . . 1 .• 1 :T5007 : I The cropping sequence will consist of : I 3A I 94.2 ac 90 ; : a balanced mix of crops, legumes and 1 : 38 : 1 .2 ac 90 1 I perennial grasses which will serve to I I 3C I 3.4 ac 90 : I protect the soil from wind and water : : I 1 : erosion. . /J 1 T500=. 1 1 8 ; : 4A : S 0. ac 90 : I ; . : 2D : 9.0 ac 90 : 1 Conservation Tillage (329) : : 2E : 89.3 ac 90 : : ' I ZF : 7.0 ac 90 1 : Tillage will be planned such that at : I : I I least 1000 pounds Sge will remain on I :Unnurnb : : I the soil surface during the critical : : IA 1 108.6 ac 90 : 1 wind erosion period. At least 30 X of : 1 : : : crop residues will remain on the soil : : I : surface after planting. 1 I : I I ' . . . 1 ; 1 1 . . , I : : I Irrigation Water Management (449) : . . . , 1 . , I : : : Irrigation water will be scheduled I ' ' to: conserve water; minimize deep 1 : I : : percolation and leaching; increase I : : I 1 production; and minimize erosion and 1 : : 1 : sedimentation. . 1 . . 1 1 1 i . 1 . . . 1 1 l . 1 1 1 . . I 1 1 1 . . I . . 1 . I 1 1 . . , . . I . . . I 1 I . I 1 : : I I : I TOTAL AC. IN PLAN 372.1'1 : : . I HIGHLY ERODIBLE LAND(HEL) AC. 372.'* * The application and maintenance of this conservation practice is required for compliance with the Food Security Act of 1985. 9(0226 •J.S. DEPARTMENT OF AGRIaUI IRE cpa.63doc (HAL) 10/39 Soil Conservation Service Greeley Field Office Page 3 of 4 RECORD OF COOPERATOR'S DECISIONS AND PROGRESS IN APPLICATION OPERATOR: Equus Farms, Inc . MANAGER: Robert Stovell FARM NO. 5911 TRACT NO. : 5007, 5002, Unnumbered PLANNED 1 APPLIED I Land Use: Irrigated Cropland FLD # : : I Treatment: Standards and Specifications : Amount Yr 1 Amount M/Yr : #510 and # 512 , , , . . . 1 1 : Pasture and Hayland Planting (512) . , I I 1 a :T5007 : 1 I Fields will be planted to adapted : 3A 1 94.2 ac 90 : : perennial forage species including but : : 3B : 1 .2 ac 90 : I not limited to alfalfa. Seedings may : I 3C : 3.4 ac 90 : : consist of a mixture of grasses and 1 1 legumes. Seedbed preparation will be , :T5000 : : : done using minimal tillage operations ' 1 4A : 60.0 ac 90 1 1 and pasture species will be seeded into : 2D : 9.0 ac 90 1 1 existing stubble whenever possible. A : 1 ZE 1 39.3 ac 90 1 I cover (nurse) crop may be substituted. : : 2F 1 7.0 ac 90 1 1 Stands will be irrigated to hasten . ! : 1 I establishment. Grazing or haying will 1Unnurnbl 1 : be delayed until the stand has become : 1A 1103.6 ac 90 1 1 established. Weeds will be controlled. ' 1 : : 1 Annual forage species will be planted 1 1 : 1 on T5000, field 2D for wildlife cover : : : 1 1 and food. This field will not be : 1 : : : grazed or harvested mechanically. Field : 1 : : : 2F will be seeded to perennial grasses : 1 : 1 : to control erosion and the forage will ' ' 1 not be harvested. The corners around ' : 1 : : the pivot in field 1A may be seeded to : : : 1 : perennial cover for wildlife use by : : 1 1 1 interseeding and will not be tilled . 1 . . . I ' . . . . . : : : 1 Pasture and Hayland Management (510) ' . . , —— , . , , : ' : : : : Pasture and hayland plantings will be : : 1 1 I managed to promote stand longevity, ' : : 1 : forage productivity and to reduce soil : : 1 : 1 erosion. If grazed, at least 3 inches : 1 1 : : of stubble height will remain after 1 1 : 1 grazing. If hayed, the last cutting : : : : : will be timed to allow a 2-4 week : 1 1 : : recovery period before the first frost 1 : I : 1 and remaining stubble will be at least : ' ' three inches in height. . • : : : 1 900226 : : 1 1 TOTAL AC. IN PLAN 372.1 1 : : HIGHLY ERODIBLE LAND(I-IEL) AC. 372.'7 4: The application and maintenance of this conservation prnri- irn is SCS Greeley Field Office Page __ of ( Rev . 1 /89 ) CONSERVATION PLAN FOR PLOW PERMIT L F ts 5007 and 5D03 aAlc( u jNudz�3isicL- - 1,t Name : Gr��4!iiS.C�35'Y>�4._ �- 5�U Taa v`ee 17, 77/6, Repko Total Acres in Plan _s'L7a j _, Highly Erodible Land (HEL) Acres ****************************** I (we ) concur with the conservation practices and installation schedules for all fields indicated in this conservation plan , and understand that when the conservation system is applied to the land and maintained , it will meet the requirement of Weld County Ordinance No . 108/108A and 1985 Food Security Act for conservation compliance . Date LANDOWNERS SIGNATURE Date Date Date c7.T ,v„4J c� LAND OPERATO o pa{a / -7O SIGNATUR _ __ _ - ****************************** USDA-SCS TECHNICAL ADEQUACY CERTIFICATION I certify that this conservation plan meets the requirements of Section II of the FIELD OFF CE TECHNICAL GUIDE. FEB I N J • Date Ronald D. Miller SCS District Conservationist Greeley Field Office c74--0-' FE7; 12 MB Planning Assistance Received from I ' �--- Date ( signature ) ****************************** WEST GREELEY SOIL CONSERVATION DISTRICT CERTIFICATION This conservation plan was approved by the Board of Supervisors . /, y) FEB 12 MI ktei/ Z) ,l��c Date Ls� , President G`G n.G` 300226 • •r.k •v• — r M• • ` r ti* S5 j Ir "r: 559. 1 f r 1el 1 7 t1 I} fc,il i i M1 .... !1Y rl r ..•.“.1 u v ' t�lr ^ 1 AIVrA ti ff .. r 'yfF ! 'el, l r 15 , //,•!,1,(2, I l .' t 4l Sr•l v �' I',hn ♦r ;*. of • 11 f• ivt ._ � l • ' 2� f AI\1r�•5 ly`r lyI."u`. ..f,'r rly+;•! 5 �fq,{. 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":77.7:._ 1--`_,'_t. ! • k 1 q r at ': 7 r1 r h•:°'1 ,Aa 1 ✓ r !+ + . :/ .�,S'' 1 Mln A.n wl, (N j r,.......i„..::::::::...T..:..:, ,iii.::: t „ y- y .:ii . y °h A+° li v I n �i i e, ... //t -i t {.Fv I. ,r',}1 t1 /y ;, , 1 1' t r 1.�+ t PP.�4�'t wl 71;Nti, ,� Sfi - .' ri 1'' I v • . ! dint ♦ r ti4i.:Jc..: .. ,—.•- . r e t tt 4t 1 t 1y xyh 1 r 1 1 lY�rr,/ i c �.ee 'Aril I,I M1 lb7w�N I U.S. DEPARTMENT OF AGRICULTURE ) A/ /�(P2 LO ) acs-CPA-16 • .:%-;'‘..;It jjdiY sOIL CONSERVATION SERVICE CONSERVATION PLAN MAP (',Ki4 Owner E? LLLCS F41I€Ms, /A!C Operator SCLry s County L¢�P�d State co Date//3//90tf s. Approximate acres q Approximate scale _9 = rn.<_�¢. 1 a♦1j Cooperating with G1 07 �9 t� °-°---° Conservation District er it<� Plan identification / tacit Photo number /d�� �t,"1� } Assisted by . � USDA Soil Conservation Service + ' q r A '� 1° 111Y1 }" la � f"f' l r I .,,C• Y14 I ' 1 "•:,••;.. .,•;1.`1%;•‘.::S...,�". • ✓`. r i a ,1RNI1, �'k• iyl p,y ,l I • ` •� vl' ' ' ,9002 , 1 t t ,41'.1 I ,tl Y t ' rf L• - t "1 l UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service Colorado Technical Guide Section IV All Field Offices April 1988 STANDARD AND SPECIFICATION CONSERVATION TILLAGE (Acre) 329 STANDARD Definition Any tillage and planting system in which at least 30 percent of the soil surface is covered by plant residue after planting to reduce soil erosion by water; or, where soil erosion by wind is the primary concern , at least 1 ,000 pounds per acre of flat small grain residue— equivalent are on the surface during the critical erosion period . Purpose To reduce soil erosion; help maintain or develop good soil tilth , efficient moisture use , and water quality ; and provide food and cover for wildlife . Conditions where practice applies On all cropland or on other lands where vegetation is to be established or reestablished , and where adequate plant residues are produced . Applies to rotations that include fallow periods as well as systems of annual cropping . Planning Considerations 1 . Leave crop residues standing as long as possible prior to the succeeding crop to trap blowing snow, residue , and soil erosion by wind and water. 2. This practice is most effective when carried out in conjunction with other practices such as strip cropping, terracing and contour farming . 3. Do not operate tillage equipment at the same depth each year. 4. Do not till soil that is too wet or over 70 percent of field capacity to avoid excessive compaction . 5. Use approved herbicides for weed control in place of tillage when appropriate . (Page 1 of 6) TGN #231 (Rev . 4/88) 960226 6. Break up tillage pans , as needed, by chiseling or subsoiling to penetrate restrictive layers for better root and moisture penetration . 7. Continuous back—to—back planting of the same crop may lead to a buildup of some disease organisms . Close monitoring should be performed. Alternating crops can reduce disease problems. 8. Banding fertilizer below and to the side of the drilled seed usually results in the highest use efficiency and reduces availability to weeds . Fertilizer that is broadcast is equally available to the crop and weeds . 9. Operate machinery at a speed that will not unduly pulverize the soil or bury residue . 10. With a no—till system, develop a straw and chaff management program to reduce plugging of drills, reduce allelopathic (toxic) effects , improve herbicide activity , reduce rodent populations , and promote uniform stands of crops . Combines or other harvesters should be equipped with straw and chaff spreaders to uniformly distribute crop residue . 11 . Seed placement in conservation tillage is very important. Seed must be placed at a uniform depth with the seed firmly in contact with the soil . When needed , drills or planters can be equipped with straw straighteners ahead of the openers to keep residue away from the seed zone . SPECIFICATIONS A. To prevent erosion by water, a minimum of 30% of the soil surface will be covered by residue after planting . B. To prevent erosion by wind , maintain at least 1000 lbs of flat small grain equivalent on the surface during the critical wind erosion period . C. The goal should be to reduce soil loss by water and wind toward the loss tolerance established for that soil . Note: It is useful to use the USLE and WEQ (not added) to determine how much residue is needed to control erosion but because of the definition , the 30% cover or 1 ,000 lbs . of SGE is all that is needed to meet the requirements of the practice . (Page 2 of 6) TGN #231 (Rev . 4/88) 900226 Table 1 — A Guide for Approximate Residue Left After Each Operation Approximate Residue Left After Each Operation Spraying (for chemical fallow) 100% Undercutters , sweeps 24" or wider 90% Drills , Disk 80% Drills , Chisels 90% Cultivators , 14" — 22" low 80% crown shovels Cultivator with 8" — 12" shovels , 80% Rodweeder with shovels 85% Chisel plow Straight points 75% Twisted points 50% Tandem disc , one—way & offset disc 3" deep 30% 6" deep 10% Moldboard plow 0-10% Overwinter weathering 75-85% Example : A field with 3,000 lbs . per acre residue. First trip: cultivator with chisels , 3,000 lbs . x 75% = 2250 lbs . Second trip : cultivator with chisels , 2250 lbs x 75% = 1687 lbs . Following operations would continue to reduce the residue . D. One of the following conservation tillage systems will be used : 1 . No—till or slot planting The soil is left undisturbed prior to planting . Planting is completed in a narrow seedbed approximately 1 to 3 inches wide . Weed control is accomplished primarily with herbicides . Residue from the preceding crop is to be retained on the soil surface with the exception of that buried by the drill . (Page 3 of 6) TGN #231 <Rev . 4/88) 260226 2. Ridge—till ( includes no—till on ridges) The soil is left undisturbed prior to planting. Approximately one—third of the soil surface is tilled at planting with sweeps or row cleaners. Planting is completed on ridges usually 4 to 6 inches higher than the elevation between the rows . Weed control is accomplished with a combination of herbicides and cultivation . Cultivation is used to rebuild ridges . 3. Strip—till The soil is left undisturbed prior to planting . Approximately one—third of the soil surface is tilled at planting time . Tillage in the row may consist of a rototiller, in—row chisel , row cleaners , etc . Weed control is accomplished with a combination of herbicides and cultivation . 4. Mulch—till ( includes stubble mulching) The total soil surface is disturbed by tillage prior to planting . Tillage tools such as chisels , field cultivators, discs , sweeps , or blades are used . Weed control is accomplished with a combination of herbicides and cultivation. 5. Reduced—till Any other tillage and planting system not covered above that meets the 1000 lbs . flat small grain equivalent for wind erosion control or 30 percent ground cover for water erosion control . E. On cropping sequences where tillage operations are permitted : 1 . Subsurface tillage equipment such as sweeps or rod weeders should be used to keep the residue on the soil surface . 2. On soils that tend to crust, or have some slope , a chisel operation across the slope may be needed after harvest to increase water infiltration and reduce soil loss due to runoff . 3. Chemicals may be used to aid in reducing or eliminating tillage operations . Use manufacturers labels or Colorado Pesticide Guide — Field Crops for specific rate recommendations . The following options are recommended. a. Fall sweep (4 inches deep) plus Atrazine . Fall sweep immediately (within two weeks) after wheat harvest to kill (Page 4 of 6) TGN #231 (Rev . 4/88) 900226 existing vegetation. Atrazine or Glean applied immediately following fall sweep should control weeds until the next planting season . An application of a burndown herbicide such as Roundup or Paraquat may be necessary if moisture does not become available to activate the residual herbicides. b . Apply a combination of non—selective contact or non— residual herbicides (such as Paraquat or Roundup) plus Atrazine , Banvel , or Glean to kill existing weeds and for long—term control . Keep summer tillage operations to those essential to control weeds . c . Contact herbicide such as Paraquat plus Bladex , Igran or other short residual <45-60 days) may be used for spring application to eliminate early spring and early summer tillage . d . 2,4—D Butyl Ester plus Atrazine, Igran , or Bladex are economical alternatives if approximately 90% of the fall weeds are broadleaf . F. For no—till cropping sequences: 1 . Conventional tillage operations will not be used to control volunteer crop growth or annual forbs and grasses . a. Wheat—fallow (chemical only) — Use of chemicals to eliminate tillage operations . The following is required. 1 . Contact herbicides , such as paraquat or Roundup , plus Atrazine , Glean or other residuals and tank mixes such as Atrazine—Bladex and Atrazine—Igran shall be applied immediately following harvest to kill existing weeds and give long—term weed control . 2. A short residual herbicide may be used for spring application if necessary to control weeds to substitute for tillage operations normally used. 3. A slot or no—till planter or grain drill shall be used that will disturb not more than 25% of the soil surface . b . Corn , sorghum, and small grains (chemical only) . Use of chemicals to eliminate tillage operations in irrigated cropland or annual cropping systems . The following is required. (Page 5 of 6) TGN #231 (Rev . 4/88) 9CO226 1 . A contact herbicide plus Bladex , Igran or other short residual (45-60 days) may be used for spring application if needed to control weeds to eliminate early spring and early summer tillage. 2. A slot or no—till planter or adequate grain drill shall be used that will disturb not more than 25% of the soil surface . 3. Atrazine may be used in a wheat—sorghum—fallow or a wheat—corn—fallow sequence following wheat harvest. G. Farmers must be aware of the hazards involved in using residual herbicides. 1 . Caution must be exercised in use of atrazine on soils with a high pH and label directions need to be followed carefully . 2. Caution should be taken when applying long residual herbicides annually so no overlap or carry—over effect of chemical occurs . 3. Generally a minimum of 20 gallons of water, preferably 30, will be needed to get adequate coverage of chemical . 4. For more uniform application, large volume sprayers with wide stable boom coverage are preferred over small units with narrow coverage . The wider swath should result in fewer overlaps or skips . Dust should be held to a minimum as it deactivates some herbicides . Nozzle spacing should greater than 40 inches for uniform distribution. H. Chemicals used in performing this practice must be registered according to local regulations . They will be applied strictly in accordance with other authorized federal , state , and local regulation . Specific chemical recommendations shall be in accordance with container labels and/or current CSU — Colorado Pesticide Guide — Field Crops . I . Trade names were used in this standard only to make the information more understandable . This does not imply endorsement of certain products or criticism of products not named or mentioned . J . Crop residues shall not be burned before or after tillage . { (Page 6 of 6) TGN #231 (Rev. 4/88) 9CO226 Conservation Tillage* (acre) 329 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, deep percolation and ground water recharge. 2. Effects of crop residue on soil moisture. 3. Effects of snow catch and melt on the water budget. 4. Effects of increasing organic matter on water holding capacity of the soil. 5. Potential for a change in plant growth and transpiration because of changes in the volume of soil water. Quality 1. Effects of crop residue on nutrient balance in the root zone. 2. Effects on erosion and the movement of sediment, pathogens, and soluble and sediment-attached substances carried by runoff. 3. Effects on the use and management of nutrients and pesticides and their resulting effects on surface and ground water quality to filtering effects of crop residue on movement of sediment and dissolved and sediment-attached substances. *When cover crops, contouring, terraces, and similar practices are used with this practice,refer to the appropriate water resource supplement. SCS Supplement October 1988 960226 Irrigation Water Management 449-1 IRRIGATION WATER MANAGEMENT 449 Technical Guide Section IV STANDARD Statewide Definition Conserve Water Determining and controlling the rate, Achieving uniformity of application, amount and timing of irrigation water minimizing runoff and deep percolation applied to meet plant needs in a as well as irrigation scheduling to planned effective and efficient optimize economic returns are of manner. primary importance where water is limited. Purpose Leaching To effectively utilize the available irrigation water supply in managing Where low quality irrigation water is the soil moisture environment of used, it is necessary that salts plants to (1) leach salts below the introduced in the water not be allowed root zone, (2) reduce deep percola- to accumulate in the soil within the tion and resulting salinity problems plant root zone. Additional water in stream systems, (3) conserve must be applied so that the salt will water, (4) increase productivity, (5) be leached below the root zone. reduce the transport of nutrients and pesticides to groundwater, (6) pre- Increase Productivity vent erosion in excess of "T" values, and (7) minimize the delivery of sed- Some plant thrive with an increase of iment to aquatic systems. moisture. Where water is abundant and its cost does not prohibit its use, Conditions Where Practice Applies production can be increased. In some plants such as potatoes, quality can This practice is applicable to all be controlled by the degree of mois- cropland, pasture, and hayland having ture maintained. an adequate water supply, and that can be irrigated. Reduction of Groundwater Pollution Localized conditions require placing Deep percolation contributes heavily emphasis on the different principles to groundwater pollution. Heavy of irrigation water management. Some applications of water may drive pest- of these conditions are: icides, and fertilizers into ground- water aquifers. Correct applications Salinity Control and adequate cropping systems can be effective in reducing pollution. Achieving application uniformity and minimizing deep percolation must be Reduce Surface Erosion emphasized in locations where salinity control is needed. At such Water application at a rate faster locations application efficiency is than the soil can absorb it produces of secondary importance. soil erosion. Sediment laden return flows destroy streams and aquatic life. SCS, Colorado, May 1984 900226 449-2 Irrigation Water Management Practice installations by themselves, Additionally, the irrigator needs to will not produce water management. understand that excessive irrigation Water management begins with the adversely affects crop yields installation of a complete system of just as insufficient irrigation. In water needed practices. short situations where water savings and increased crop yields are a pur- With the purpose stated above, a , pose and where storage of irrigation complete irrigation system, when water is possible, the irrigator can properly designed and installed, save water by knowing the stages of including water measurement, will plant growth when water is critical to meet some measure of water manage- crop yield and scheduling irrigation ment. accordingly. Applicable systems include sprinklers Optimum water application is necessary - portable or solid-set, trickle for maximum crop yield or net return. systems or surface systems establish- ed on the land to be irrigated. SPECIFICATIONS Other stages of irrigation water man- agement are achieved when the irriga- The resource management plan shall tors follow basic irrigation princi- have an irrigation water management ples in managing and applying water plan that is consistent with the so that a purpose as stated previous- purpose of this standard. ly is met. These principles are: The amount of water needed for each 1. Determine when and how much water irrigation shall be determined by is needed for each irrigation based evaluating on "management allowed deletion " soil moisture depletion. depletion." Soil moisture depletion may be This amount may vary depending on evaluated using hand methods, soil whether the purpose is to reduce mositure sensing devises, and daily salinity, conserve water or increase evapotranspiration rates. crop production. Some irrigations may be eliminated. Irrigation water shall be measured onto the field as the product of 2. Balance time of set with available measured flow rate times the time of flow rate and area to be irrigated so set and shall be applied using an that the amount of water needed to acceptable irrigation method. replenish the depleted soil moisture is uniformly applied without causing A complete evaluation of each erosion in excess of "T" values. irrigation is not required.. Evidence Establishing time of set for each that the physical layout of the irrigation will minimize deep perco- irrigated area meets the requirements lation and runoff which is essential of the irrigation system plus the for meeting the purpose of salinity technicians documented evaluation of reduction, groundwater pollution, and the irrigator's knowledge and use of water conservation. the principles of water management is acceptable in determining that good water management is being practiced. SCS, Colorado, May 1984 900226 Irrigation Water Management (acre) 449 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, and deep percolation, and ground water recharge. 2. Potential for a change in plant growth and transpiration because of changes in the volume of soil water. 3. Effects on downstream flows or aquifers that would affect other water uses or users. 4. Effects on the volume of downstream flow that could cause undesirable environmental, social, or economic effects. 5. The effect on the water table of the field in providing a suitable rooting depth for anticipated land uses. 6. Potential use for irrigation water management. Quality 1. Effects on erosion and the movement of sediment and soluble and sediment- attached substances carried by runoff. 2. Effects of nutrients and pesticides on surface and ground water quality. 3. Effects on the movement of dissolved substances below the root zone or to ground water. 4. Effects of water levels on soil nutrient processes such as plant nitrogen use or denitrification. 5. Effects of water control on the salinity of soils, soil water, or downstream water. 6. Short-term and construction-related effects on the quality of downstream water courses. 7. Effects on the temperatures of water resources that could cause undesirable effects on aquatic and wildlife communities. 8. Effects on wetlands or water-related wildlife habitats. 9. Effects on the visual quality of water resources. SCS Supplement October 1988 900226 UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service Colorado Section IV All Field Offices April 1985 STANDARD AND SPECIFICATION for PASTURE AND HAYLAND MANAGEMENT (Acre) 510 STANDARD Definition Proper treatment and use of pastureland. Purpose To prolong life of desirable forage species, to maintain or improve the quality and quantity of forage, to protect the soil, and reduce water loss. Where applicable On all pasture and hayland. Planning Considerations I. Fertilization vf A. Fertilize to meet the needs of the plants or the economic objective of the producer. B. Specific fertilizer recommendations should be based on soil or tissue analysis. General recommendations can be made using the following units of fertilizer per ton of air dry material removed: TG Notice 1125 (Rev. 1) (Page 1 of 5) Colorado, SCS, April 1985 00226 Lbs. 1/ Lbs. 2/ Lbs. 3/ Species N/Ton p205/Yon K20/Ton Cool season grass 30 10 5 Grass—legume 25 15 6 Forage sorghums 40 15 6 Alfalfa & other 0 15 5 Properly innoculated legumes 1/ Organic matter is a major key to estimating available nitrogen. Mountain regions of Colorado are high in organic matter, but decomposition is extremely slow because of low temperatures. Soils of the eastern slopes are low in organic matter, but decomposition is rapid. This indicates that most pasture and haylands of Colorado will respond to nitrogen in proportion to the amount applied. 2/ In general, laboratory soil tests indicate adequate available phosphorus for medium to high tonage of grass production. For grass-legume mixtures or solid legume stands, a good response from P205 should occur. 3/ Unless a laboratory soil analysis indicates the need for K20, this element should not be recommended due to the abundance of available potassium present in most Colorado soils. C. Nitrogen should be applied in split applications for improved efficiency. II. Rotation Grazing A. Grazing units should be approximately equal in size. Small pastures may be grouped to form a grazing unit within a system. [ B. The grazing-recovery period should not exceed 30 days for optimum forage quality. C. When forage is grazed down to the minimum recommended height, cattle should be moved. D. Clio uneven growth down to the recommended height to prevent spot grazing. E. A one herd-three unit system furnishes a simple but adequate grazing system. Crazing 7-10 days and resting 14-20 days is a good rule of thumb. TG Notice #125 (Rev. 1) (Page 2 of 5) Colorado, SCS, April 1985 900226 • III. Other Management Considerations A. Hay harvest should be based on the stage of growth. Continuous cutting at an immature stage will cause the staid to deteriorate prematurely due to a continuous reduction of food reserves in the roots. B. Varying the ratio of nitrogen and phosphorus fertilizer can be used to maniputate the ratio of grasses and legumes. C. Stocking rates vary with climate, soil, type of forage, available moisture, and degree of management. Observation and local experience are the best guides for determining stocking rates but the following can be used for guidance. 1. Approximately 1 AUM per 1000 lbs. of air dried forage produced. 2. Non—irrigated pasture in Colorado (average year) produces 300-3500 lbs. per acre. 3. Irrigated pastures produce from 2000-16,000 lbs. per acre depending on climate, management, and species present. • D. After irrigation, a deferment period should be in effect to permit the surface soil to dry out before grazing to avoid excessive compaction. A minimum of three days on sandy soils, four days on loamy soils, and five to six days on clay soils. t r TG Notice #125 (Rev. 1) (Page 3 of 5) Colorado, SCS, April 1985 300226 SPECIFICATIONS I. Minimum Grazing or Cutting Heights A. Pastureland Minimum Height Prior Minimum Height During Species to beginning grazing growing season (inches) (inches) Maintenance 1/ Optimum 2/ Maintenace 1/ ODtimum 2/ Alkali Sacaton 5 8 3 5 Brome, smooth 5 8 3 4 Fescue, Meadow 5 8 . 3 5 Fescue, Tall 5 8 3 5 Fescue, Hard 4 5 2 4 Foxtail , creeping meadow 5 10 3 5 Kentucky bluegrass 3 5 2 4 Indiangrass 12 18 6 10 Orchardgrass 5 8 3 5 Redtop 4 6 3 4 Reed canarygrass 12 18 4 6 Russian wildrye 4 6 3 5 Sideoats grama 4 5 2 4 Switchgrass 12 18 8 10 Timothy 4 6 2 4 Sedge, Nebraska 3 5 2 4 Wheatgrass 5 8 3 5 Pubescent, Western Intermediate, Slender Wheatgrass, Crested, Siberian 4 6 2 4 Wheatgrass, Tall 8 12 5 8 Cicer Milkvetch 6 10 3 4 Alfalfa 6 10 3 4 1/ These heights will allow maintenance of the stand. 2/ These heights will provide maximum yields when other plant requirements are met. B. Hayland Species Growth Stage for Quality Hav Minimum Cutting Heights Alfalfa Early bloom stage 2" Grass-Legume When grass is in boot-stage or 3" legume in early bloom. Tall grasses Boot stage 4" Mid-Grasses Boot stage 3" The last cutting should be timed to allow for a two to four week regrowth period before the average first killing frost. TC Notice #125 (Rev. 1) (Page 4 of 5) Colorado, SCS, April 1985 9130226 C. Pastures for special use: Grasses such as Crested wheatgrass and Pubescent wheatgrass are commonly used for early spring grazing until other forage is available. Realizing that production on the pasture will be reduced, acceptable management can be accomplished by heavy grazing for short periods during the spring, followed by deferment the remainder of the year. During the grazing period, sufficient growth should be left to protect the soil from wind and water erosion. This provision will be restricted to apply between April 1st and June 1st. II. Required Management Considerations A. Observe recommended grazing heights shown in Item I of these specifications. A. Practice weed control if weeds are significantly inhibiting the growth of desirable species. 1. Chemical — Colorado Weed Control Handbook will be used for recommendations. 2. Mechanical — Mow or shred weeds when they become significantly taller than the desirable plants. Do not shred shorter than minimum recommended harvesting heights. C. Livestock water will be available in each grazing unit. D. Rotation grazing is required on irrigated pastures unless the use is for early spring grazing, fall grazing or other "Special use" acceptable to the designated technician. t TG Notice /125 (Rev. 1) (Page 5 of 5) Colorado, SCS, April 1985 300226 Pasture and Hayland Management (acre) 510 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, deep percolation and ground water recharge. 2. Variability of practice's effects caused by seasonal weather variations 3. Effects of management of vegetation on soil moisture. 4. Effects of increasing organic matter on water holding capacity of the soil. 5. Potential for a change in plant growth and transpiration because of changes in the volume of soil water. Quality 1. Effects on erosion and the movement of sediment, pathogens, and soluble and sediment-attached substances that could be carried by runoff. 2. Effects on the use and management of nutrients and pesticides and resulting effects on surface and ground water quality. 3. Effects on the visual quality of downstream water resources. _ . SCS Supplement October 1988 900226 UNITED UTA I•ES DEPARTMENT OF AGRICULTURE Soil Conservation Service Colorado • Technical Guide Section IV All Field Offices July 19:39 AREA 2 STANDARD AND SPECIFICATIONS PASTURE AND HAYLAND PLANTING (Acre) 512 STANDARD Definition: Establishing and re-establishing long-term stands of adapted species of perennial forage plants. ( Includes .Pasture and Hayland Renovation . Does not include Grassed Waterway or Outlet on cropland . ) • Purpose' To reduce erosion, to produce high quality forage, and to adjust land use . Conditions Where Practice Applies : On existing pasture and hay land and or on land that is converted from other uses . Planning Considerations: A. On suitable Cr op land so i l s , consider the use of grasses and legumes that wiII lengthen the grazing season on quality forage . D. To enhance wildlife habitat , consider using or adding to the seed mixture adapted grasses and fort's to the seed mixture that are considered to be the more preferred species . See Biology Technical Note No . 4 for species ratings . Wildlife habitat is enhanced when three or more species are • used in a mixture. SPECIFICATIONS A. Management 1 . Pasture and hayland seeding will be undertaken only where grazing by • domestic livestock will tie controlled to permit plants to become well established . 2. Pasture and hay land and seed i nos will be protected from all livestock for the I i fe of the CRP contract. Other pasture and hayl and seed i ngs will be protected from all livestock from the date of seeding for at least two successive 3rowing seasons or until the seeded plants are well established . • 900226 C . Weed control for establishment a. Grasses ( 1 ) Broadleaf weeds should be controlled by mowing or shredding when weeds are 12-10 inches tall . Pre-emergent herbicide ( s ) or post-emergent herbicide ( s ) may be used according to • I abe instr-uctions . 1/ Perrenial grasses should have at least fiv:. leaves before most post-emergent herbicides are used . It ma` be necessary to treat twice the first year and once the second year after planting . Extreme care must be used to ensure that the herbicide (s ) do not injure the seeded species, including the cover crop. (2) When noxious weeds such as bindweed , Canada thistle , etc . are present , they will be controlled prior to seeding . (3) When foxtai I , barrryardgrass , saridbur , crabgrass , and annual brrsrue s are competitive to the planted grass , they will be mowed or shredded . Mowing or shredding should be discon- tinued in late July arid August. The height and time of mowing or shredding must be such that mnc.re leaves are cut from weedy grasses than from seeded grasses . b . Fr:orbs • When fcurbs ( i nc I ud i rig legumes ) and/or shrubs are used to supple- ment the grass seed mixture, the broadleaf and grassy weeds wi I I be controlled only by timely mowing or shredding . 4. Grasshopper- infestations and other- harmful insect infestations will be controlled , as necessary, during the grass establishment period. Biological control is the preferred method . r. aced i ngs will be protected from fire. B. Seedbed Preparation 1 . Seeding into appropriate stubble or herbicide 1/ treated sod is an ideal method and is especial I y we I I adapted where erosion may be a problem. a. Seedbeds in Major Land Resource Areas 67 (Central High Plains ) , 49A and 494 (Southern Rocky Mountain Fr:rr:rth i I I s) and 72 (Central High Plains ) re qu i res satisfactory protection from wind erosion by means of one of the following methods or conditions as selected arid approved by the local conservationist . Fields or areas that are too Sullied, hummocky, or in need of mechanical conservation measures should be shaped as necessary to plant and grow a suitable cover crop . 1/Follow recommendations in current Colorado Pesticide Cu ides in selection and application of appropriate herbicides for weed control and insecticides for insect control . Complete adherence to the pesticide label(s) is re- quired . Biological control should be used in place of synthetic pesticides when possible . Page 2 9CO226 • ( 1 ) A preparatory (dead I i tter-) stubble e cover- of for-age sorghum, long season ( 120 day) grain sorghum, sudan , or broomcorn will be left standing to give maximum mumprotection �,_ ) from blowing . Short growing m i 1 l ets and short season grain sorghum (rn i 1 c•) • stubb I es are not recommended .e.- . They rarely produce adequate cover- for pasture seeding purposes and present volunteer probl ems . ( a) On sandy so i I s dr i I I forage sorghum, long season J n ( 120 day) grain sorghum, sudangrass or broomcorn between June 1 and July 1 in rows not •to exceed 20 inches . If more growth is produced than desirable, or if the cover crop will produce mature seed, the cover wi I 1 be clipped to approximately an 10- inch stubble height and should be removed from the field unless restricted program by .rc��.. regulations. Seed at rates that wi I 1 to ver- F•ro•Juce an adequate cover prevent erosion for several years following grass seed- ing . Seed forage sorghum, `J- rain sorghum or broomcorn at 6 to 8 I bs per acre on sandy soils . Seed sudangrass at 10 to 15 lbs per acre . Due to differences in seed size and seeding equipment , adjust the above seeding rates as needed to establish the necessary cover. (b ) On loam or heavier- textured soils use the same procedures • as I i sted above for sandy Sc, i l s and maintain a minimum 12- inch stubble height . The seeding rate on these soils may vary frc•rn 4 to 8 lbs per acre for. forage sorghum, grain sorghum or broomcorn . Rates for sudangrass may range from 0 to 15 lbs per acre. Adjust J t the seeding • rates as needed to account for seed size and equipment differences . ( c ) Use seed of forage sorghum, grain sorghum, sudan and broomcorn that has a germination rate of 8 or higher to insure that adequate plant populations can be estab- • ishe.J. Seed J l u s or I be tested to insure that it is relatively weed-free and contains no noxious weeds . ( d ) To have adequate cover .�I _ f the following actual residue amounts are required at seeding time . The "I" factor from the Wind Er u:sd i b i I i ty Index is used to determine the rninirnurn residue level . Minimum lbs residue/acre " I " cs i I Factor* • at serdinl time 6 or lower 1 Tr1:1 :nor_, oo i 134 and higher ;7•717-10 *When seeding capab i I i ty Class VI VII and seeding specifications i f i cat i c•ns f•-• r ' � J VIII land , seed according 1:. ., range p for CRP seed i ngs . If adequate residue cannot be produced , additional weed-free mulch may be applied and critical area treat- ment procedures used for mulching and seeding . Page 300226 (2) When using existing cover in I i isU !i1 preparing a cover crop in MIL.RA ' s 4''A, 42D, e.f and 7'Z. on a loam or heavier so ii : i : ( a) Harvested sor3hum (grain or feed ) with a stubble height of 12 Inches may be used , provided there is adequate cover to protect the gras ed i i rigs and the tso i I from wind and water erosion for several years fo i I ow i n3 grass seeding . Weeds and volunteer sorghum will be controlled , as needed , to prevent competition with the grass seedlings . (b ) Millet with minimum stubble ie i 3ht of 12 inches may be used if adequate cover exists to protect the land from wind a n d water erosion . Weeds a ri d volunteer m i l let will be coritro, l led as needed to prevent competition with the grass seed i i rigs. ( c ) Crag I -season' grasses can be planted into a sma l l 'arc► i rr stubble (other than cereal rye ) following the normal har- vest period . Use herbicide (s ) 1/ as needed to control vo i unteer- grain and weeds prior to seeding grass . ( d )) For mixtures containing warm-season grasses , mature sma l l grain stubble other than cereal r;ye• may be used . Mature cereal rye stubble wi 1 l not be used for any pasture c'r hayIand seeding . Delay ;brass seedir.3 into the wheat or barley stubble unit i i the following do'rman't seeding season so that germination does not occur urlt i l the fo l l o'w i ri'. spring . Timely mowing or approved herbicide( s ) 1 / will be used to control weeds between crop harvest and the perma- nent seeding as needed . If weeds are not controlled in the small grain stubble , ti l lage wi i l be required followed by an approved warm season annual cover prior to grass seeding . ( e ) When temporary stria l i grain o'''ver such as wheat or Liar i is used for winter protection these covers may be used uricler the following conditions : the cover wi l i be clipped 1 minimum of 30 days prior to maturity to prevent grain formation; seeding will be delayed ayed until the fo l I caw i r,•g spring and timely mowing or- approved herbicide ( s )e ( s ) '!./ wi i I be used for weed coritr.: i , .• ( f ) All existing covers W i i I meet t h e same residue require- ments for cover as shown in ;. a. , a. ( 1 ) ( 'J ) . b . In Major Land Resource Areas 4;'f -i; and 49A-C the f': l l owi rig procedures may be used i ri preparing a seedbed where a temporary cover is needed to coritr"o I er os i on during the gras's establishment period . ( 1 ) An oat cove'' cr'_'p may be substituted for a sorghum cover crop . After- c'ci.t cow- cr-'_'p dormancy, seed directly into the standing residue . A nurse crop ( companion crop ) is riot allowed . 1 / See footnote on page 2, Page 4 9CO226 (L) Seed thr. .rats dur- i n3 the normal p l an c i n3 period in the area. Clip as needed to prevent seed formation . (3) Use timely mowing or appropriate herbicide( s ) 1/ to control • weeds and volunteer- prior to see J I n3 and during establish- ment . If the seed mixture contains species susceptible to herbicides only rm:'w i n3 or shredding will be allowed . (4) Seeding into an existing wheat, oat or barley stubble which was harvested the previous growing season may be used . Use • approved herbicide( s ) 1/ , as needed , to control weed growth prior to seed i n3. Ti I i age is riot recommended so that a firm seedbed can be maintained. C. Seeding Seeding should be done with equipment capable of proper seed placement ( 1/4 to ._/4 inch deep) and accurately metered for the proper rate for the selected species. Control drill speed to assure accurate seed placement. D. Fertilizer Application Recommendations should be based or, results of a so I I test made where the seeding is to be established . If no so i t test is available, fertilizer is discouraged because of possible excess weed .rowth . S. Selection of Species See Table 1 for species selection . F. Rate of Seeding See Agronomy Technical Note No. 61 for "Seeding Rates" . G. Planting Dates Grasses and other seeded species ies shall be Fplanted within the seeding periods specified in Table 2. H. Seed Analysis Seed labeling , quality and testing will be in accordance with the Colo- rado Seed Law. This requires that seed be tested according to "Rules for Seed Testin." Association of Official Seed Analysts (AfISA) and Rules and Regulations under the Federal Seed Act . A farmer-rancher who raises seed for personal use in cost-shared pro3rarns must have seed analyzed and furnish a copy of the current analysis . Analysis must have been performed withir•, 12 months of planting date . In addition , the participant must provide a writter, signed statement certifying that the seed produced is the same seed that was analyzed and seeded . The seeding rate per acre must also be furnished on this statement . Paoe 5 900226 TABLE 1 - PASTURE a 1-1AYLAND PLANTING SPECIES • Introduced species are limited to non- irrigated Land Capability Class II , III , IV and V soils under CRP. Deep Sand, Choppy Sand , Sandy bottomIand sites may riot be seeded to these species: they must be seeded to the appropriate mixtures as shown under the Area c revised Standard and Specifications for Range Seeding (550) . For non-CRP irrigated seed i ngs and MLRA 40 seed i rigs , see Colorado Standard and Specifications for Pasture and Wayland Planting (51 ') . Suc i eS Variety 1/ of Mixture 2/ Pubescent wheatgrass Luna 0-100 Intermediate wheatgrass Arnur- ( 14"ppt areas ) 0-100 Oahe (>1!'3"ppt areas) Smooth brume•- rass J Lincoln 0-100 Manchar (only for MLRA ' s 49 a 48 not for MLRA ' s 67, 69 or 72) Alfalfa Ladak 0-25 (Limited to non- Ranger CRP seed i ngs ) Vernal Fairway wheatgrass Fairway 0-10 11rchardgrass Paiute 0-10 Native species As shown in Range 0-100 (Limited to Seeding (SSCl) CRP % shown in mixes for Area 2 Revision Range Seeding (550) CRP Area 2 Revision Only sodforrn i ng, introduced species are recommended . No annuals or biennials are allowed . Unless the producer is sure that the seeding will be plowed out in the future then a native seeding is recommended even on Land Capability Classes II , III , IV and V soils . Also, on this land (LC:C II , III , IV and V) introduced species can be mixed with compatible adapted native species . Any deviation will require prior- written approval by the Area Range Conserva- tionist . 1/ Varieties are l i sted in order of preference . When a specific variety cannot be obtained., or is not stated , then the mi 1 age restrictions and locations apply as shown in the Standards and Specifications for Pasture hlayland Planting (512) and Range Seeding (550) and Colo. Bulletin C0190-7-5 (Jan . 16, 1987) . 2/ Percentage of mixture shown is based on the seeding rates ( 100' ) showy: in Colorado Agronomy Note Ne . 61 (March 16, 1901 ) . • Page 6 900226 • a L I ID VI E E . m 7 C t • +' U) 7 c -i • a. c 0 0) • m C Ip .� m 0 O O O co I) In C In N E I )+ 14 L 0. 0. I._ 44 n 6 6 m C I I I G. 3 E �. v) •-1,y I- •-I 0 •F' U > cd 0 0 u o z O 0 7. •d G N m H • 7 to • U N .1 L • Q m 1 14 E 1 • 0. E 1!) wI to J ... +'N q• C C m• N J U "l m• Cl. Q. c pp o of C. N C •.A. C' m L m' N O. R) In m [AI _ I L Ia L o +' 0. p• n 10 o C C Q 0 U m 1 I I i- N. E .l. 6 I.W o 1.' > m 0 0 u 0 0 A 0 0 Z L IQ J I- 0 0 m C: -o Co co o m m m • v a o I I U L w LI o • .-I Z 4 a a E Q m a) O. N ¢ v v Ian J I I I I Z W • W • • C72 •• i • • Page 7 900226 Pasture and Hayland Planting(acre) 512 Planning considerations for water quantity and quality Quantity 1. Effects on the water budget, especially on volumes and rates of runoff, infiltration, evaporation, transpiration, deep percolation, and ground water recharge. Quality 1. Effects on erosion and the movement of sediment, pathogens, and soluble and sediment-attached substances carried by runoff. 2. Effects on the use and management of nutrients and pesticides and resulting effects on surface and ground water quality. 3. Effects on the visual quality of downstream water resources. SCS Supplement October 1988 900226 • E9 ).;Z tya. yY3/91.,e;' 'mod ]o A� 9 e 69 7 N 869 7: • ,fT FEAy1 E !1 s...l 69 T y 69 ]a .t 18 6R 16 70 ;#-S- „fel. K Y 7 jac. 1 u d A 4 ♦ auyay.� 70 4 Wit. ID46 y�7c 69 1 In I6 h. .I`lE'4 x.:y � • ♦ ,(.i': j 1n T�r. D 19::.1 . 21 w'b a 68 -�•-1 _ J6 1 21 _ 68 76 76 76 75 68 68 Y '"6(:rfJ5 '°'bx 3 F -] I 69 � f l(r �M1 , Y�W� 6 I'/1.75 11Y U.S.DEPARTMENT OF AGRICULTURE Y'-1 tV Rot(.v SCS{PA-I (346) SOIL MAP • Owner EQul-(S /�' NC/{- Operator ,.79 1E r County (-C%(<:C-i) State CO Soil survey sheet(s)or code nos. /.L)CS 1 fi 19 Approximate scale I•Z'I or G • Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating with LUGG <.RCbJ_1=1r Conservation District / /7 /.W k` , ,' c .G •O. L Y �,�pg,� Y r / ' t YJ ,A w -T d 2. <� n ) /`/ IRC P 0 r v 6 ri yI C 'J sv A } • b r4 to t g °7/,-. • v lc -:;“.,,,,: 1`°. 2• - 0. Ili: n 4s P.• " b <2'fa / m nei / / ' •m`� °' / ` rt 9 -2 k yy } L4 � M1�Mn ':;4. o Ut A .YI .11 v Ni +., . I ; _s k a ,` .sy j K ' I—.o 7. Lf, ,r F0 aL "fi yr �`M;.X <1 1 d ; ' ; Mir „ at A A �.�k Fz / 1�. `� 1'. .1' ifs It ”'21 ) I ! V'� tG 1'�• �'if r s 'i Y pi 19141 u 1+� - «�•• �� �. �' m (/ `/ - '� �. �: 96,0226 U.S. Department of Agriculture Page :L Sco i I Conservation Service 02/ 14/39 SOIL DESCRIPTION REPORT SURVEY AREA -• WELD COUNTY, SOUTHERN PART, COLORADO Map Unit Symbol Description 1 ALTVAN LOAM, 0 TO I 1 PERCENT SLOPES The A l tvari sco i I is a deep, well drained so i l . It is formed on terraces from al luvial material . The surface is a learn. The subsoil is clay loam. The underlying material is a calcareous loamy sand . The so i I s have moderate permeab i I i ty. Their availa.bl water holding capacity is moderate . Roots penetrate to 20 to 40 inches . Runoff is slow ;arid the erosion hazard due to wind is moderate . ALTVAN Li IAM, 1 TO 3 PERCENT SLOPES The Al tvarr so i I is a deep , we l I drained sco i l . It is formed on terraces from alluvial material . The surface is a loam. The subsoil is clay learn. The underlying material is a calcareous loamy sand . The soils have moderate permeab i I i ty. Their available water holding capacity is moderate .. Roots penetrate to 20 to 40 inches . Runoff is slow and the erosion hazard due to wind is moderate . 3 AQUOLLS AND AQUENTS, GRAVELLY SUBSTRATUM This map unit is on bottom lands and f l oodp l a i ns of all major streams in the survey area. This unit consists of ::60 percent Aquo l I s and 35 percent Aquer:ts so i I s . These sco i I s are deep , and poorly drained. They formed in recent alluvium . The surface is a mildly alkaline to moderately alkaline loamy or- clayey layer , as well as the underlying material which is underlain by sand or sand and gravel within 48 inches . The water table is at or i-rear the surface , creating a hydric s so i I condition . The erosion hazard due to wind is low. 10 E:ANKARD SANDY LOAM, 0 TO 3 PERCENT SLOPES The II_;arikard soil l is a deep , somewhat excessively drained soil . It is formed on f l oodp i a i ns from stratified recent alluvium. The surface is a sandy loam. The underlying material is a calcareous sand stratified with thin lenses of sandy loam, loam, and fine gravel . The soils have moderately rapid permeabi l ity. Their available water holding capacity is i Roots penetrate ti: 60 inches or more . Runoff is slow and th, erosion hazard due to wind is severe . 6:_i UST IC C_ T!'RR I C IRTI-TENTS, MODERATELY STEEP 900226 U . , , ` ... .� .. � Department i i'I:'' I'- I :+1 1 t ll r e P:'1':J(i ,... i a Conservation 'E'' ce 02/14/89 SOIL DESCRIPTION REPORT SURVEY AREA -- WELD COUNTY, SOUTHERN PART, COLORADO Map Unit Symbol Description The Ust i s Torr i orthertts so i t is a deep , excessively drained sc i l .. It is formed on terrace breaks and escarpments in gravelly ly alluvium. The surface is a gravelly sand , as is the underlying material . The so i I s have rapid permeab i l i ty. Their available water holding capacity is low. Roots penetrate to 60 inches or more. Runoff is medium and the erosion hazard due to wind is moderate . VALENT SAND, 0 TO 3 PERCENT SLOPES The Valent soil is a deep , excessively drained soil . It is formed on plains from cot i ari mater- i a. l . The surface is a sand , as is the underlying material . The so i l s have rapid perrneabi I ity. Their available water holding capacity is moderate . Roots penetrate to 60 inches or more . Runoff is slow and the erosion hazard due to wind is high . 70 VALENT SAND, 3 TO 9 PERCENT SLOPES The Val ent sc+ i t is a deep , excessively drained so i I . It is formed on plains from eoI iarl material . The surface is a sand , as is the underlying material . The so i I s have rapid perrneab i I i ty. Their available water holding capacity is moderate . Roots penetrate to 60 inches or more . Runoff is slow and the erasion hazard due to wind is high . 75 VONA SANDY LOAM, 0 TO 1 PERCENT SLOPES The Vona soil is a deep , well drained soil . It is formed on high terraces from alluvial material . The surface is a sandy loam, as is the subsoil .I . The underlying material is a sandy loam. The soils have moderately rapid n ermeability. Their avaitable water holding capacity is moderate . Roots penetrate to 60 inches or more . Runoff is slow and the erosion hazard due to wind is severe . 76 VONA SANDY LOAM, 1 TO :3 PERC:ENT SLOPES The Vona soil is a deep , well drained so i i . It is formed on high terraces from a l luvi a l material . The surface i5 a sandy loam, as is the subso i l . The underlying material is a sandy loam. The soils have moderately rapid permeabi l ity. Their available water holding capacity is moderate . Roots penetrate to 40 inches or more . Runoff is slow and the i:r"os i or. hazard due to wind is severe . Category Codes : s+' i 900226 :orded at .. o'clock _M.,• hR2038419 :elation Nu.__. _.__.Recorder. RECORDER'S STAMP THIS DEED Made this 7th day of January 19 86 between John F. Orr of the County of Jefferson and State of Colo- rado,of the first part,and Equus Farms, Inc. State Documentary Fee a corporation organized and Dote .1—••g•-.g existing under and by virtue of the laws of the State of Colorado , '•• $ of the second part:whose legal address is c/o Miles A. Williams Q =•9a 2608 S. Allison Street Lakewood, Colorado 80227 WITNESSETII,That the said party of the first part,for and in consideration of the sum of $2,079,168.00 DOLLARS to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents dies grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described XX dS•parcels of land,situate,lying and being in the County of Weld and State of Colorado,to wit: that certain real property more specifically described in Exhibit A attached hereto and by this reference incorporated herein (the "Premises"). diDC c2N B 1098 REC 02038419 01/08/86 14: 42 $48.00 1/016 -Zp7,`e F 1239 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining,and the reversion and reversions,remainder and remainders, rents,issues and profits t hereof;and all the estate,right,title,interest,claim and demand whatsoever of the said part y of the first part,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. '1'0 HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said party of the second part,its successor and assigns forever.And the said party of the first part,fur himsel f his heirs,executors,and administrators,does covenant,grant,bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and hag good right,full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grunts, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except for those Exceptions to title set forth in Exhibit B attached here— to and by this reference incorporated herein, and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successor and assigns, against all and every person or persons 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. IN WITNESS WHEREOF,The said party of the first part hug hereunto set his hand and seal the day and year first above written. -y �Jf (l.'vie [SEAL' J h F. Orr _ISEALI • (SEAL] ,t ndrlran,FATE OF COLORADO,oe Vsot p f, ..., lea"., 11i sa. P• piy and County of Denver 7 e fir,,,,,b,avant was acknowledged before me this 7th day of January !VS' ty,,salt Fy r o,wows...Ass bona 144.a ikal 0 Tty's';nnhifjun}x pit s tjat d41iJAte*, A : V :o + a soo, 47ueJJ11 • 'vHTPIt;ssan Alp�t t and official seal. Or ell." to' Notary Puabr. L iss0 N..953.NARRANTY DEED 1'o CORPORATION—Cur Photographic Record. p. 6 Bradford Publishing,552$W.61h An.,Lakewood,CO 50214—0031 111.6900 u�'Ua'lJ B 1098 REC 02038•. ) 01/08/86 14: 42 $48. 2/016 F 1240 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A (Attached to and forming a part of Warranty Deed dated January 7, 1986 from John F. Orr to Equus Farms, Inc. ) • • THE PREMISES PARCEL 1: • The NWT NEB and the W/ of Section 19, Township 4 North, Range 61 West of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to Weld County to be used for road purposes by deed recorded August 11, 1921 in Book 622 at Page 175 , The W/ of the SE: and the SE; of the SE: of Section 22, Township 4 North, Range 62 West of the 6th P.M. The SE; NW►; the Sh of the NE►; the Eh of the SWh; and the SW; SW► of Section 23 , Township 4 North, Range 62 West of the 6th P.M. , also SE: of Section 23, Township 4 North, Range 62 West of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to Weld County to be used for road purposes only, by deed recorded May 6 , 1916 in Book 414 at Page 250 , The N1; the SE.; and the Eh of the SWk of Section 24 , Township 4 North, Range. 62 West of the 6th P.M. , also Wh SW4 of Section 24 , Township 4 North, Range 62 West of the 6th P.M. The NE; of Section 27, Township 4 North, Range 62 West of the 6th P.M. The SE: NW; of Section 25, Township 4 North, Range 62 West of the 6th P.M. • PARCEL 2 : THe NWh of the NE: and the NES of the NW►i of Section 25, Township 4 North, Range 62 West of the 6th P.M. PARCEL 3 ; In Township 4 North, Range 62 West of the 6th P.M. : Section 15 : Sh SW: Section 16 : Sh Section 17: Sh Section 18 : W1 SE; and SEA SE; Section 19 : All Section 20 : All Section 21: All Section 22 : W1 NEh, .NE: SE:, W1 and E1/2 NEh Section 23 : SWh NWT and NWh SW: Section 27: SE: and NW; Section 29 : All EXCEPT a parcel of land conveyed to EAGLES NEST GUN CLUB in Warranty Deed recorded June 17, 1975 in Book 741 as Reception No. 1663033, being more particularly described as follows: Those portions of Sections 17 and 18 , all in Township 4 North, Range 62 West of the 6th P.M. , described as follows: BEGINNING at the East Quarter Corner of said Section 18 ; thence along the East-West centerline of said Section 18 S89°22 ' 25"W, 1334 . 26 feet to the West line of the NE: of the SEh of said Section 18 ; thence along said West line S01°38 '27"E, 340 .30 feet; thence $65°08 '45"W, 222.76 feet; thence S54°12 '40"W, 700 .99 feet; thence $67°19 '15"W, 604 .34 feet to the North-South centerline of said Section 18 ; thence along said North-South centerline N00°50 '22"W, 2408 .58 feet to the North line of the S1 of the NE, of said Section 18; thence along said North line N88°53 ' 49"E, 2650 .17 feet to the East line of the NE; of said Section 18 ; thence along the North line of the S1 of the NW; of said Section 17 S88°03 '18"E, 2644.67 feet to the North-South centerline of said Section 17; 900226 A-1 • • • B 1098 REC 02038419 01/08/86 14: 42 $48.00 3/016 F 1241 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • thence along said North-South centerline S01°55 '00"E, 1932 .02 feet; thence N87°57 ' 23"W, 601. 53 feet; thence N68°38 '17"W, 462.11 feet; • thence N67°58 ' 47"W, 835.77 feet; thence N89°08 '19"W, 407.28 feet; thence $67°07 ' 29"W, 414 . 76 feet; thence N76°51 ' 31"W, 65.22 feet to the West line of the SW; of said Section 17; thence along said West line N02°00 '27"W, 290 .01 feet to the POINT OF BEGINNING TOGETHER WITH all improvements located thereon and all appurtenances thereto or used in connection therewith. • • • • • • A-2 90022c B 1098 REC u2038419 01/08/86 14:42 $48.00 4/016 F 1242 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO / • EXHIBIT B. (Attached to and forming a part of Warranty Deed from John F. Orr to Equus Farms, Inc. ) MATTERS TO WHICH TITLE TO THE LAND IS SUBJECT 1 . Real property taxes and assessments for 1986,, payable in 1987. 2. Mortgage dated October 13, 1980 from John P. orr to The Federal Land Bank of Wichita to secure $650 ,000 .00 , recorded October 21 , 1980 in Book 918 as Reception No. 1839512 . Encumbers Parcels 1, 2 and 3. 3. Deed of Trust dated November 14 , 1975 from John F. Orr to Robert L. Twist, trustee of the Robert L. Twist Revocable Trust, recorded in Book 753 as Reception No. 1674795 . Encumbers PARCEL I : The NWk and the W► of Section 19 , Township 4 N, Range 61 West of the 6th P.M. , EXCEPTING therefrom that portion conveyed to Weld County to be used for road purposes by deed recorded August 11 , 1921, in Book 622 at Page 175, Weld County Records . PARCEL II : The Wh of the SEk and the SEk of the SEk of Section 22, Township 4 N, Range 62 West of the 6th P.M. PARCEL III: The SEk NWk; the Sk of the NE4; the Eh of the SWk; and the SWk SW4 of Section 23, Township 4 N, Range 62 West of the 6th P .M. , ALSO SEk of Section 23, Township 4 N, Range 62 West of the 6th P.M. , • EXCEPTING therefrom that portion conveyed to Weld County to be used for road purposes only, by deed recorded May 6 , 1916, in Book 414 at Page 250, Weld County Records . PARCEL IV: The Nh; the SEk; and the Eh of the SW4 of Section 24 , Township 4 N, Range 62 West of the 6th P.M. , ALSO Wh SWk of Section 24 , Town- ship 4 N, Range 62 West of the 6th P.M. PARCEL V: The NEk of Section 27, Township 4 N, Range 62 West of the 6th P.M. PARCEL VI: • The SEk NWk of Section 25, Township 4 N, Range 62 West of the 6th P.M. ALL OF THE ABOVE DESCRIBED PROPERTY IS IN, WELD COUNTY, COLORADO Together with any and all water, water rights, ditches , ditch rights, reservoirs, water easements, and profits appurtenant, belonging or in any way appertaining to the above described real property; and together with a 100% interest in and to Well No. 12088-F and Well No. 12089-F, said wells being situated on the above-described real property. 900226 U-1 B 1098 REC C 38419 01/08/86 14: 42 F 1243 MARY ANN FEUERSTEIN CLERK 6 RECORDER.Wo CO, CO 5/016 • Excepting and reserving from the foregoing conveyance an undivided one-half interest in and to coal, oil, gas and other minerals now owned by the Grantor together with a right to enter upon the surface for ingress, egress, and regress for the purpose of drilling and prospecting the same, provided however, that such right to drill and/or prospect and those rights relating to access shall not be exercised in a manner which would interfere with the surface rights of the Grantee here- under, John F. Orr, or cause any damage whatsoever to the subject property, water rights appurtenant thereto, personal property owned by the grantee or damage or interfere with any of the activities of the Grant hereunder. 4 . Right-of-way date4 , 1985 from John F. Orr to Eagles Nest Gun Club; a perpetual easement for the right to use as means of ingress and egress to and from Grantee' s land located in portions of Sections 17 and 18, Township 4 North, Range 62 West of the 6th P.M. , Weld County, Colorado, two (2) rights-of-way over and across Grantor' s property, and which said rights-of-way .are described as follows: RIGHT-OF-WAY NO. 1 A right-of-way 50 feet in width, alongside, adjacent and contiguous to the east side of the centerline of Section 18, Township 4 North, Range 62 West of the 6th P.H. for the purposes of ingress and egress only; having its place of beginning at a point on existing U .S. Highway 34 and the centerline of said Section 18; thence North along the centerline of said Section 18 to a point on the center- line of said Section 18 which is the Southwest Corner of the property described on Exhibit "A" and attached hereto. RIGHT-OF-WAY NO. 2 The existing road of ingress and egress to the Eagles Nest Ranch buildings from U. S. Highway 34 which said road is located in the Southwest Quarter of Section 17, Township 4 North, Range 62 West of the 6th P.M. , Weld County , Colo- rado, to a point where said road intersects either the Bijou Canal or the Empire Canal , in the Soutb one-half of said Section 17, and then using existing maintenance roads of the Bijou Irrigation Company over and across said Canals to the property described herein on Exhibit "A. " In the event that Grantor cannot convey a right-of-way as described on RIGHT-OF-WAY NO. 2 above , then and in that event , and in the alternative to RIGHT-OF-WAY NO. 2 , the Grantor grants and conveys the following right-of-way : B 1098 REC 419 86• F 1244 MARY020I FEUERSTEIN/CLERK 4&4RECOh-4R.WELD CO,OCo RIGHT-OF-WAY NO. 3 • An easement for ingress and egress to the property described in Exhibit "A, " which said easement is fifty (50) feet in width and begins at the existing roadway located in the Southwest Quarter (SW}) of Section 17, Township 4 North, Range 62 West leading to the improvements on the Eagles Nest Ranch and which intersects U.S. Highway 34 in said Southwest Quarter (Sill ) of Section 17; following said existing roadway to a point where the roadway crosses the Bijou Canal near the east boundary line of said Section 17; thence adjacent to and following the north bank of the Bijou Canal in a northwesterly direction to a point where said property joins the premises described on Exhibit "A. " 5. Right of way for county road 30 feet wide on either side of section and township lines as established by Order of the Board of County Commissioners of Weld County, Colorado, recorded October 14 , 1889 in Book 86 at Page 273 . (Affects Parcels 1, 2 and 3) 6 . The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect said lands as contained in the Patent recorded April 25, 1853 in Book 34 at Page 47, as to the Eh NWk and E1/4 SWk of Section 24 ; and recorded January 29 , 1887 in Book 34 at Page 308 , as to SEk of NEk of Section 24 , and the S/ NWk of Section 19 , and the SWk NEk of Section 19 , and recorded March 5, 1880 in Book 20 at Page 264 , as to the SWk of Section 19 , and recorded April 18 , 1899 in Book 131 at Page 40 , as to the NWk NEk and N► NWk of Section 19 , and the NEk NEk • of Section 24 ; and recorded November 19 , 1902 in Book 132 at Page 47, as to the Wy NEk of Section 24 ; and recorded June 3 , 1919 in Book 511 at Page 365, as to the SEk of Section 24 , all part of Parcel 1 . 7 . Right of way to construct a bridge and to construct and maintain a supply ditch or irrigation ditch as granted to J. B. Hindry and B. B. Putnam, by instrument recorded October 28 , 1885 in Book 50 at Page 145 . NOTE: The exact location is not disclosed of record. (Affects Ny of Section 24 of Parcel 1) 8 • Right of way for canal as grantedto the 1 u Company by instrument recorded May6, 1898inBooke1301 r and a atPage96 . (Affects Sections 19, 23 and 24 of Parcel 1) 9. Right of way for ditch known as the Putnam Ditch as granted to the Putnam Ditch Company by instrument recorded December 6 , 1900 in Book 130 at Page 430 . (Affects Sections 24 of Parcel 1) 10. The Empire Ditch and rights of way therefore as evidenced by instrument recorded June 16, 1906 as Filing No. 111381 , and by instrument filed February 7, 1946 as Reception No. 972775 . (Affects Sections 22 and 27 of Parcel 1 ; and affects Sy SWk 16-4-62 ; WA SWk and Ek SWk 17-4-62; NWk SEk 18-4-62 ; NEk NWk and Nk NEk 20-4-62; N1 NWK, NWk NEk and Eh NEk 21-4-62 ; N1 NA and NEk SWk 22-4-62 ; Wk SEk and SEk SEh 27-4-62 of Parcel 3) 11 . The Sanford Reservoir System, consisting of the Sanford and Eagles ' Nest Reservoirs and rights of way therefore as evidenced by instrument filed December 23, 1907 as Filing No. 124898 . (Affects Sections 19 and 24 of Parcel 1 ; and affects SWk SEk, E1/2 SWk and SWk SEk 17-4-62; SWk SEk 18-4-62 ; NWk, NWk SWk, E► SWk, NE1, W1 SEk and NEk SEk 19-4-62 ; NWk, N1 SWk, NEk, W1 SEk and NEk SEk 20-4-62 of Parcel 3) 12. The Mackley-Tabor Seepage Ditches and Reservoirs and rights of way therefore as evidenced by instrument filed July 22, 1909 as Filing No. 143863 . (Affects Section 22, 23, 24 and 27 of Parcel 1; and affects NEk SE, 22-4-62; SEk 27-4-62 of Parcel 3) 900226 B-3 B 1098 REC 02038419 01/08/86 14 : 49-- $48. 00 7/016 F 1245 M.' ! ANN FEUERSTEIN CLERK & K ,;ORDER WELD CO, CO 13 . The Corona Ranch Ditch and rights of way therefore as evidenced by • instrument filed October 4 , 1909 as Filing No. 145933 . (Affects Sections 23 and 24 of Parcel 1; and affects S4 SWk 16-4-62 ; SWk NWk, Ny SWk and SEk 17-4-62 ; NEk NWk and Nk NEk 21-4-62; NWk and S4 NEk 22-4-62; SWk NWk 23-4-62 of Parcel 3) 14 . The Mackey Drain Ditch and rights of way therefore as evidenced by instrument filed October 4 , 1909 as Filing No. 145934 . (Affects Sections 23 and 24 of Parcel 1) 15 . The Lost Creek Seepage Ditch and rights of way therefore as evidenced by instrument filed October 4 , 1909 as Filing No. 145935 . (Affects Section 24 of Parcel 1) 16. The Kersey Canal and rights of way therefore as evidenced by instrument filed October 20, 1910 as Filing No. 159981 . (Affects Sections 22 and 27 of Parcel 1 ; and affects W;s SWk and SEk SWk 17-4-62 ; NEk NWk and NEk 20-4-62; Wy NWk, NEk NWk , NWk NEk and Ek NEk 21-4-62 ; S4 NWk and Nk SWk 22-4-62; SWk SEk and E4 SEk 27-4-62 of Parcel 3) 17 . Right of way for ditches or canals constructed by the authority of the United States as reserved in the Patent recorded February 26 , 1917 in Book 461 at Page 123, as to the SWk of Section 24 , and recorded August 18, 1919 in Book 507 at Page 363 , as to the W4 SEk of Section 22 and the Wk NEk of Section 27 ; and recorded March 22 , 1921 in Book 595 at Page 302 , as to the SEk SEk of Section 22 , SWk SWk of Section 23 , Ek NEk of Section 27; and recorded June 4 , 1921 in Book 511 at Page 515, as to the Ens SWk and SEk NWk of Section 23; and recorded April 6, 1922 in Book 595 at Page 484 , as to the SEk NWk of Section 25 . (All part of Parcel 1) • 18. The James H. Mackley pipe line and rights of way therefore as evidenced by instrument filed December 19, 1917 as Filing No. 264524 . (Affects Section 25 of Parcel 1) 19. The Stoney Point Reservoir and rights of way therefore as evidenced by instrument filed April 2, 1921 as Filing No. 350622 . (Affects Section 22 of Parcel 1; and affects NEk SEk of Section 22-4-62 of Parcel 3) 20 . Right of way along the East line of the W►s SWk of Section 24 of Parcel 1 as reserved by James H. Mackley in the deed recorded February 1 , 1923 in Book 687 at Page 404 21. A right of way for public highway as granted to Weld County by right of way deed recorded March 21 , 1927 in Book 814 at Page 442 . (Affects Section 19 of Parcel 1) 22. Right of way for public highway as granted to Weld County by right of way deed recorded May 9, 1927 in Book 833 at Page 7 . (Affects Section 24 of Parcel 1) 23. Right of way for public highway as granted to Weld County by right of way deed recorded May 9, 1927 in Book 833 at Page 8 . (Affects Sections 22 and 23 of Parcel 1) 24. Right of way for public highway as granted to Weld County by right of way deed recorded May 9 , 1927 in Book 833' at Page 9 . (Affects Section 23 of Parcel 1) 25 . Right of way for public highway as granted to Weld County by right of way deed recorded July 27, 1927 in Book 833 at Page 169 . (Affects Section 24 of Parcel 1) 26. An easement for the construction and maintenance of an electric transmission line as granted to the United States of America by instrument recorded December 7, 1939 in Book 1053 at Page 560 , (Affects Sections 22 and 23) , and in the instrument recorded January 8 , 1940 in Book 1055 at Page 346 . (Affects Section 25, all part of Parcel 1) 900226 B-4 B 1098 REr_ 02038419 01/08/86 14: 42 $48.00 8/016 F 1246 Mi ' ANN FEUERSTEIN CLERK & 1 'ORDER WELD CO, CO 27. An undivided 1/3 of all oil, gas and other minerals in, on or under- lying said lands with a right of ingress , egress and regress upon said land to prospect for, mine , drill and remove any and all such oil , gas or other minerals as reserved by Bessie Lyons Harrison in the deed recorded September 7 , 1954 in Book 1399 at Page 101 , and any interests therein or rights thereunder. (Affects W1 SEA of Section 22 and Wy NE4 Section 27 of Parcel 1) 28 . An undivided 4 interest in and to any oil, gas, coal and other minerals and the right of ingress, egress, and regress to prospect for, mine, drill and remove any and all such oil , gas, coal or other minerals as reserved by John Weiss and Mary Weiss in the Deed recorded December 31 , 1957 in Book 1493 at Page 79 , and any interests therein or rights thereunder. (Affects Parcel 1) • 29. An undivided ; interest in and to all of the oil , gas and other minerals in, under and that may be produced from said lands as granted by Birchby and Nauman, Inc. , by Mineral Deed recorded May 28 , 1963 in Book 1648 at Page 194, and any interests therein or rights thereunder. (Affects Parcel 1) 30. An undivided k of the grantors interest as granted to Walter Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534309, and as granted to Carl Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534310 , and as granted to Harry Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534311, and as granted to Alex Weiss by Deed recorded July 18 , 1969 in Book 612 as Reception No. 1534312, and any interests therein or rights thereunder. (Affects Parcel 1) 31. Reservation as contained in the Patent from the State of Colorado, recorded May 11, 1973 in Book 691 as Reception No. 1613022 , as to the W1 SW4 of Section 24 , and recorded May 11, 1973 in Book 691 as Reception No. 1613023, as to SE4 of Section 23 , as follows: Reserving, however, to the State of Colorado, all rights to any and all minerals, ores and metals of any kind and character, and all coal, asphaltum, oil, gas or other like substance in or under said land, the right of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances. (Affects Parcel 1) • 32. An easement for canal as granted to the Bijou Irrigation Company by instrument recorded December 7, 1973 in Book 704 as Reception No. 1626122. (Affects Section 23 of Parcel 1) 33 . An undivided y interest in and to coal, oil, gas and other minerals now owned by the grantor together with a right to enter upon the surface for ingress, egress and regress for the purpose of drilling and prospecting the same, provided however, that such right to drill and/or prospect and those rights relating to access shall not be exercised in a manner which would interfere with the surface rights of the grantee hereunder, John F. Orr, or cause any damage whatsoever to the subject property, water rights appurtenant thereto, personal property owned by the grantee or damage or interfere with any of the activities of the grantee hereunder, as reserved by Robert L. Twist, Trustee, of the Robert L. Twist Revocable Trust dated November 14 , 1975, recorded November 17, 1975 in Book 753 as Reception No. 1674796 , and said reservation was re-stated in Correction Deed recorded May 10, 1976 in Book 766 as Reception No. 1688127, and any interests therein or rights thereunder. (Affects Parcel 1) B-5 • 900226 B 1098 REC 02038419 01/08/86 14 . 42 $48 . 00 9/016 F 124' 1ARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO 34 . Easement and right of way for the purpose of relocation of the ditch rider road, as granted to Bijou Irrigation District by John F. Orr, in the instrument recorded July 29 , 1983 in Book 1003 as Reception No. 01935159 , affecting the following described property: A tract or parcel of land in the W/ of the SE: of Section 22 , Township 4 North, Range 62 West, of the 6th P .M. , said tract or parcel being more particularly described as follows : Beginning at a point on the North right of way line of S .H. 34 (April 1983) from which the West Quarter Corner of Section 22 , Township 4 North, Range 62 West, 6th P.M. , bears N70°20 '15"W, a distance of 2 ,974 .4 feet: 1. thence N17°00 '45"E, a distance of 50 .0 feet; 2 . thence S72°59 '15 ' E, a distance of 340 .0 feet; 3 . thence S17°00 ' 45"W, a distance of 48 .9 feet to the North right of way line of S.H. 34 (April 1983) ; 4 . thence along said North right of way line, along the arc of a curve to the right, having a radius of 2 ,814 .8 feet, a distance of 80 . 2 feet (the chord of this arc bears N73°48 ' 15"W, a distance of 80. 2 feet) ; 5. thence N72°59 ' 15"W, along said North right of way line, a distance of 259 .8 feet, more or less, to the Point of Beginning. AND A tract or parcel of land in the Wy of the SE: of Section 22 , Township 4 North, Range 62 West, of the 6th P.M. , said tract or parcel being more particularly described as follows: Beginning at a point on the South right of way line of S.H. 34 (April 1983) from which the West Quarter corner of Section 22, Township 4 North, Range 62 West, 6th P.M. bears N68°45 '30"W, a distance of 3 ,220 .0 feet: 1. thence S72°59 ' 15"E, along the South right of way line of S .H. 34 (April 1983) a distance of 19 .8 feet; 2 . thence along said South right of way line along the arc of a curve to the left, having a radius of 2,914 . 8 feet, a distance of 80 .2 feet (the chord of this arc bears S73°46 ' 30"E, a distance of 80 .2 feet) ; 3 . thence S17°00 ' 45"W, a distance of 126 . 1 feet; 4. thence N72°59 ' 15"W, a distance of 100 .0 feet; 5. thence N17°00 '45"E, a distance of 125 .0 feet, more or less, to the Point of Beginning. (Affects Parcel 1) 35. Right of way for public highway along the North 50 feet of the East 600 feet of the subject property as conveyed to Weld County by Right of Way Deed recorded March 3, 1927 in Book 814 at page 383 . (Affects Parcel 2) 36. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded March 31, 1888 in Book 57 at Page 41 . (Affects S/ SWh 15-4-62 of Parcel 3) 37 . All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded August 17, 1926 in Book 677 at Page 173 . (Affects sh 16-4-62 of Parcel 3) 38 . All right, title, interest, claim and demand in any and all minerals, ores and metals of every kind and character, and all coal, asphaltum, oil and other like substances, and the right of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances in and under said land as granted to the State of Colorado by Deed recorded May 18, 1918 , in Book 479 at Page 281 , and as reserved in the Patent recorded January 10 , 1927 in Book 677 at Page 181, and any interests therein or rights thereunder. (Affects Section 18 of Parcel 3) 39 . Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 2 , 1920 in Book 595 at Page 208 . (Affects SW: 20-4-62 of Parcel 3) B-6 900226 B 1098 REC 038419 01/08/86 14: 42 $48.00 10/016 F 1248 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 40. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 4, 1920 in Book 595 at Page 54 . (Affects Nh 20-4-62 of Parcel 3) 41. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 8, 1924 in Book 677 at Page 89 . (Affects SEk 20-4-62 of Parcel 3) 42 . Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 11, 1906 in Book 132 at Page 135. (Affects NEk 21-4-62) 43. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 9, 1916 in Book 418 at Page 422 . (Affects SEk 21-4-62 of Parcel 3) 44 . Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 11, 1906 in Book 132 at Page 365 . (Affects SEk NEk and NEk SEk 22-4-62, and SWk NWk and NWk SWk 23-4-62 of Parcel 3) 45. ofght orit theof way Unitedfor canals constructed the States, as reservedin United States Patent hrecorded June 16 , 1919 in Book 507 at Page 326 . (Affects SWk 22-4-62 of Parcel 3) 46. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 2, 1919 in Book 460 at Page 91. (Affects NEk NEk 22-4-62 of Parcel 3) 47. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded February 14 , 1928 in Book 668 at Page 270. (Affects Sy NWk 22-4-62 of Parcel 3) 48 . Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November. 8 , 1917 in Book 489 at Page 237. (Affects NWk 27-4-62 of Parcel 3) 49. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 17, 1922 in Book 511 at Page 579. (Affects SEk 27-4-62 of Parcel 3) 50 . Reservation of all coaland other minerals within or underlying said lands, the exclusive right to prospect in and upon said land for coal and other minerals therein, or which may be supposed to be therein, and to mine for and remove from said land, all coal and other minerals which may be found thereon by anyone, the right of • ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals, and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto or for removal therefrom of coal , mineral, machinery or other material , and the right to said Union Pacific Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Deed recorded July 21 , 1900 in Book 178 at Page 404 , and any interests therein or rights thereunder. (Affects Sectic.n 17 of Parcel 3) 5-7 900226 B 1095 REC 02038419 01/08/86 14 : 42 $48.00 11/016 F 1249 MAP" ANN FEUERSTEIN CLERK & RF RDER WELD CO, CO 51. All oil, coal and other minerals within or underlying said lands; the exclusive right to prospect in and upon said land for oil, coal and other minerals, therein, or which may be supposed to be therein, and to mine for and remove from said land all oil , coal and other minerals which may be found thereon by anyone; the right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such oil, coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places , mines and for roads and approaches thereto or for removal therefrom of oil, coal, mineral, machinery or other material ; and the right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Warranty Deed recorded February 16 , 1916 in Book 429 at Page 347, and any interests therein or rights thereunder. (Affects 19-4-62 ; Wh 21-4-62 and 29-4-62 of Parcel 3) 52. New Empire Reservoir and Ditches, and any and all rights of way therefore, as evidenced by instruments filed January 24 , 1902 as Filing No. 82172 and July 8, 1903 as Filing No. 91686, insofar as the same may affect subject property. (Affects Sh SWh 16-4-62 ; Nh NE4 20-4-62; Nh NWA* and NE4 21-4-62 ; sh NWk, Nh SW1 and NE1 SEA* 22-4-62; and Wh NWA* 27-4-62 of Parcel 3) 53 . Empire Reservoir and Canals, and any and all rights of way therefor, as evidenced by instruments filed September 6, 1905 as Filing No . 104690, insofar as the same may affect subject property. (Affects Sh SWA* 16-4-62; NEA* NEA* 20-4-62 ; NWA* NWA* and Nh NEA* 21-4-62 ; " SWh NWA* and SWA* 22-4-62 of Parcel 3) 54. Empire Ditch Enlargement, and any and all rights of way therefor, as evidenced by Map filed February 7, 1946 as Filing No. 972775, insofar as the same may affect subject property. (Affects Sy Sigh 16-4-62; NE4 Nigh and N/ NE+g 20-4-62 ; Nh NWA*, NWA* NE4 and Eh NE4 21-4-62; Sh NWh and NE4 SWA* 22-4-62; Wh SEh and SEA* SEh 27-4-62 of Parcel 3) 55 . Enlargement of Eagles Nest Reservoir, and any and all rights of way therefor as evidenced by Map and Statement filed November 10 , 1908 as Filing No. 133733, insofar as the same may affect subject property. (Affects NWh, Nh SWh, NEh, Wh SEA* and NE4 SEA* 19-4-62 of Parcel 3) 56. Enlargement of the Sanford Reservoir, and any and all rights of way therefor, as evidenced by Map and Statement filed September 20, 1909 as Filing No. 145542, insofar as the same may affect subject property. (Affects NWh, NWh SWA*, Eh SWA*, NEA* and SEA* 20-4-62; Wh 21-4-62 ; NEA* NE4 29-4-62 of Parcel 3) 57. Sanford Seepage Ditch, and any and all rights of way therefor, as evidenced by Map and Statement filed May 2, 1908 as Filing No. 128906, insofar as the same may affect subject property. (Affects NWh NWh, Eh NWh and Sh NEi 22-4-62; SWh NW% 23-4-62 of Parcel 3) 58 . Easement and right of way for county wagon road 60 feet wide, as conveyed to the Board of County Commissioners of Weld County by The Sanford Cattle Company in Quit Claim Deed recorded May 14 , 1891 in Book 76 at Page 378 , affecting the following described property: Commencing at a point where the Bijou Reservoir and Canal Company' s Canal enters Section 17, Township 4 North, Range 62 West on the West line of said section, and South line of the right of way of said canal, continuing thence East along the South line of said right of way, to the East line of said Section 17, thence North across said Canal 30 feet in width along the East line of said Section 17 to the North line of said right of way to a point 60 feet from said right of way. Again commencing at East line of SWA* of SW4 of Section 16 , Township and Range aforesaid continuing, thence East along the North line of said right of way through Sections 16 , 15 , 22 and thru the SWA* of Nigh of Section 23 , all in Township 4 West, Range 62 West terminating on the East line of the said SWA* of NWA* of Section 23 to the intersection of the Old Territorial Wagon Road. (Affects Parcel 3) B-8 900226 419 86 2 F 1250 MARY070N8FEUERSTEIN/CLERK 464RECO. ~ � ER WELD CO, CO 59. Easement and right of way for constructing, operating, repairing and maintaining an irrigation ditch, as granted to Eugene A. Von Winckler in Final Rule and Decree recorded April 4 , 1887 in Book 69 at Page 171, affecting the following described parcels of land: First: In Section 17, Township 4 North, Range 62 West, being a strip 2 rods wide and 5400 feet long. Center line of said strip commencing 2684 feet N6°45 'E, (var. 14 °30 'E) from Southwest corner of said Section 17; thence Easterly about 500 feet, thence Southeasterly with slight meanderings 4900 feet to East line of said Section 17, 1017 feet North of the Southeast corner of said Section. Second: In Section 16 North, Range 62 West, being a strip 1 rod wide and 3800 feet long, center line commencing on line between Sections 17 and 16 , 1017 feet North of Southeast corner of Section 17, thence in said Section 16 in gen Southeasterly to South line of said Section 16, 1872 feet West of Southeast corner of said Section. Third: In NE1 of Section 21, Township 4 North, Range 62 West, being a Strip 1 rod wide and 1975 feet long. Center line commencing on North line of said quarter section 1872 feet West of Northeast corner thereof. Thence in general East-Southeasterly to East line of said Section 21, 430 feet South of its Northeast corner. Fourth: In N1 of Section 22 , Township 4 North, Range 62 West, being a strip 1 rod wide and 5675 feet long. Center line commencing on West line of said Section 22 , 430 feet South of Northwest corner of said Section 22, thence in gen Southeasterly 2965 feet to East line of said Quarter Section 1601 feet South of Northeast corner thereof, thence Easterly 2700 feet to East line of said Quarter Section 721 feet North of its Southeast corner. Fifth: In SWh of NWh of Section 23 , Township 4 North, Range 62 West being a strip of land 1 rod wide and 1400 feet long. Center line commencing on West line of said Quarter Quarter Section 721 feet North of Southwest corner thereof. Thence in gen. Easterly to East line of said SWh of NWh of Section 23 aforesaid 720 feet North of Southeast corner thereof. (Affects Parcel 3) 60 . All oil, coal and other minerals within or underlying the NEh NEh of Section 20-4-62, together with the exclusive right to prospect in and upon said land for oil, coal and other minerals therein, or supposed to be therein, and to mine and remove from said land all oil, coal and other minerals found thereon by any one, as granted to John E. Painter by Lucius E. Thalley in Warranty Deed recorded March 7, 1924 in Book 739 at Page 143 , and any interests therein or rights thereunder. (Affects Parcel 3) 61. Easement and right of way for a public highway, as granted to Weld County, by Lucius E. Thalley in right of way Deed recorded March 26 , 1927 in Book 814 at Page 464 , affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the North line of Section 20 , Township 4 North, Range 62 West of the 6th P.M. , from whence the Northwest corner of said Section 20 bears N89°54 'W, a distance of 1133 feet; thence S72°58 'E, a distance of 4454 . 2 feet to a point on the East line of said Section 20, from whence the East Quarter corner of said Section 20 bears S0°23 'E, a distance of 1369 feet. (Affects Parcel 3) 62 . Easement and right of way to construct, operate and maintain an electric transmission line, as granted to the United States by Lucius E. Thalley by Grant of Easement recorded December 1 , 1939 in Book 1053 at Page 427, affecting the following described property: Ny Ny and SEh NEh of Section 20 , Township 4 North, Range 62 West of the 6th P.M. The center line shall be as follows: Beginning at a point on the East line of Section 20, Township 4 North, Range 62 West, whence the Northeast corner of said Section 20 bears Northerly 1386 feet; thence N72°58 'W, 4684 feet to the North line of the said Section 20 . (Affects. Parcel 3) B-9 900226 b 1098 Abe 02038419 01/08/86 14 : 42 $48 ,00 13/016 F 1251 WRY ANN FEUERSTEIN CLERK & CORDER WELD CO, CO • 63 . Easement and right of way, as conveyed to the Bijou Irrigation District by The Sanford Cattle Company in Quit Claim Deed recorded July 10 , 1906 in Book 234 at Page 571, affecting the following described property: That part of the SWk of Section 17-4-62 described as follows : A strip of land 125 feet wide and 3661 feet long being 35 feet on the South side and 90 feet on the North side, VIZ : Commencing at a point in the West line of said Section 17, whence the Southwest corner of said Section bears due South 2210. 1 feet, running thence S80°26 ' E, 81. 7 feet; thence S73°48 ' E, 250 . 5 feet; thence S50°40 'E, 498. 3 feet; thence S47°37 'E, 299 . 9 feet; thence S59 °39 'E, 198. 7 feet; thence S84°53'E, 297. 8 feet; thence S86°39 'E, 199. 2 feet; thence $62°18 ' E, 447 feet; thence S29°45 'E, 344. 6 feet; thence S02°03 ' E, 549 . 3 feet; thence S25°21'E 494 feet to a point in the South line of said Section 17 whence the Southwest corner of said section' bears N89°11'W 2401. 8 feet. Also that part of the NEk of Section 21-4-62 described as follows : A strip of land 125 feet wide and 3227. 9 feet long, being 35 feet on the South side, 90 feet on the North side, VIZ : Beginning at a point in the East line of said Section 21, whence the East quarter corner of said section bears S00 °10 ' E 616. 6 feet; running thence N34°30 'W 1331. 6 feet; thence N45°51'W 249 . 9 feet; thence N64°29 'W 248 . 1 feet; thence N85°46 'W 149 . 6 feet; thence N78°00 'W 449. 3 feet; thence N83°23'W 299 . 6 feet; thence N80°02'W 499 . 8 feet to a point in the half section line running North and South through said Section 21. (Affects Parcel 3) 64 . Easement and right of way, as conveyed to The Bijou Irrigation District by Ada B. Sanford in Quit Claim Deed recorded July 10- 1906 in Book 212 at Page 455, affecting the following described property: Those portions of the NWk of Section 21-4-62 described as follows : A strip of land 125 feet wide and 917 feet long, being 35 feet on the South side and 90 feet on the North side of the follow- ing described line VIZ : Beginning at a point in the West line of said Section 21, whence the Northwest corner of said section bears N00 °31'E 416 feet; running thence N64 °21' E 917 .9 feet to a point in the North line of said Section 21, whence the Northwest corner thereof bears N89 °30 'W 846 . 3 feet. A strip of land 125 feet wide and 1495. 6 feet long, being 35 feet on the South side and 90 feet on the North side, of the following described line VIZ : Beginning at a point in the North line of said Section 21, whence the Northwest corner thereof bears N89 °30 'W 1470 . 2 feet; running thence S47007' E 398. 3 feet; thence 548°03'E, 349 .9 feet; thence $69°39 ' E 248 . 3 feet; thence S76 °02'E 499 . 1 feet to a point in the half section line running North and South through said Section 21. (Affects Parcel 3) 65. Easement and right of way for Empire Canal, as conveyed to The Bijou Irrigation District by J. Sanford in Quit Claim Deed recorded September 11, 1913 in Book 373 at Page 198, affecting the following described property : Those portions of the NEk of Section 21-4-62W of the 6th P.M. , more particularly described by metes and bounds as follows : Parcel (a) Beginning at a point on the South boundary line of the right of way of the Empire canal where the same traverses said lands, from which the Northeast corner of said Section 21 bears N37°5 ' E 1270 feet; thence S56 °50 'W 100 feet; thence N45°30 'W 197 feet; thence N64°S5 'W 215 feet; thence N87°45 'W 112 feet; thence due North 100 feet to the South boundary line of the said Empire Ditch; thence along the South boundary line of the right of way of said ditch 86 °20 'E 143 feet; thence 364°35 'E 241 feet; thence 546° 30 'E 237 feet to the place of beginning, Parcel (b) Beginning at a point whence the Northeast corner of said Section 21 bears N60 °10 'E 1085 feet; thence S26° 30 'W 150 feet to the North boundary line of the right of way of said Empire Ditch; thence N64°15 'W 107 feet; thence N84°30 'W 183 feet; thence S79 °35 'W 223 feet; thence N11°10 'W 150 feet; thence N79°40 ' E 257 feet; thence S82°30 'E 244 feet; thence 564°10 'E 108 feet to the place of beginning, • B-10 90022c • B 1098 REC 02038419 01/08/86 14 : 42 $48 . 00 14/016 F 1252 MARY IN FEUERSTEIN CLERK & REC: )ER WELD CO, CO • 66 . Easement and right of way for a public highway, as granted to Weld County by Albert J. Bothwell, in right of way Deed recorded March 22 , 1927 in Book 814 at Page 450, affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the West line of the SE4, Section 18 , Township 4 North, Range 62 West of the 6th P. M. , from whence the Southwest corner of said SE4, Section 18 , bears S0° 10 'W a distance of 1061 .3 feet, more or less; thence S72°58 'E a distance of 2845 . 2 feet, more or less, to a point on the East line of said SE4, Section 18, from whence the Southeast corner of said Section 18 bears S0°58 'W a distance of 343 .7 feet, more or less . Also, a strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the West line of Section 17, Township 4 North of Range 62 West of the 6th P. M. , from whence the Southwest corner of said Section bears S0°53 'W a distance of 343 .7 feet, more or less ; thence S72°58 'E a distance of 1180 .7 feet, more or less, to a point on the South line of said Section 17, from whence the Southwest corner of said section bears N89°54 'W a distance of 1133 feet, more or less . Also a strip of ground 100 feet wide, it being 50 feet on each side of the following described centerline: Beginning at a point on the West line of Section 21, Township 4 North of Range 62 West of the 6th P. M. , from whence the West quarter corner of said Section 21 bears S0°23 'E a distance of 1389 feet, more or less; thence 572°58 'E a distance of 5545 . 1 feet, more or less, to a point on the East line of said Section 21 , from whence the East quarter corner of said Section 21 bears N0°03 'W a distance of 171 . 2 feet, more or less. Also a strip of ground 100 feet wide, it being 50 feet on each side of the following described centerline: Beginning at a point on the West line of the SW4, Section 22, Township 4 North of Range 62 West of the 6th P . M. , from whence the West quarter corner of said Section 22 bears N0°03 'W a distance of 171 .2 feet, more or less; thence 572°58 'E a distance of 2631 . 9 feet, more or less, to a point on the East line of said SW4 , Section 22 , from whence the South quarter corner of said Section 22 bears Sl°02 'E a .distance of 1508 .6 feet, more or less. (Affects Parcel 3) 67 . Easement and right of way for Empire Canal , as conveyed to The Bijou Irrigation District by J. Sanford in Quit Claim Deed recorded Septenther 11, 1913 in Book 373 at Page 198, affecting the following described property : Those portions of the NE4 of Section 21-4-62W of the 6th P.M. , more particularly described by metes and bounds as follows : Parcel (a) Beginning at a point on the South boundary line of the right of way- of the Empire canal where the same traverses said lands, from which the Northeast corner of said Section 21 bears N37°5 ' E 1270 feet; thence S56 °50 'W 100 feet; thence N45 °30 'W 197 feet; thence N64°55 'W 215 feet; thence N87°45 'W 112 feet; thence due 'North 100 feet to the South boundary line of the said Empire Ditch; thence along the South boundary line of the right of way of said ditch 86 °20 'E 143 feet; thence $64 °35 'E 241 feet; thence 546 °30 ' E 237 feet to the place of beginning, Parcel (b) Beginning at a point whence the Northeast corner of said Section 21 bears N60 °10 ' E 1085 feet; thence S26 °30 ' W 150 feet to the North boundary line of the right of way of said Empire Ditch ; thence N64 °15 'W 107 feet; thence N84 °30 'W 183 feet; thence S79 °35 'W 223 feet; thence N11°10 'W 150 feet; thence N79340 ' E 2S7 feet; thence 582°30 ' E 244 feet; thence 564 °10 ' E 108 feet to the place of beginning , 68 . Easement and right of way for ditch, as granted to The Bijou Reservoir and Canal Company by order of Court recorded October 25 , 1891 in Book 106 at Page 55. (Affects NW4 22-4-62; SW4NW4 23-4-62 of Parcel 3) B-11 900226 oo 2 F 1253 MARYuANNuFEUERSTEIN/CLERK4&4RECOF$4R. 00 15/016 Co l 69. Easement and right f way forhighway, R WELD CO, CO to Weld County by Albert J. Bothwell in Right of g WayDeederecorded March 22, 1927 in Book 814 at Page 451, affecting the following described property: A strip of ground 50 feet wide, it being 25 feet on each side of the following described center line : Beginning at a point on the West line of the NE;, SE;, Section 22, Township 4 North, Range 62 West of the 6th P.M. , from whence the Southwest corner of said NE4,SE;, Section 22 , bears Southerly a dis- tance of 25 feet, more or less; thence Easterly along a line parallel with and distant 25 feet Northerly from the South line of said NE:, SE;, Section 22 , a distance of 1394. 8 feet, more or less , to a point on the East line of said NE;SE4, Section 22, bears Southerly a dis- tance of 25 feet, more or less. Also, a strip of ground 50 feet wide, it being 25 feet on each side of the following described center line : Beginning at a point on the West line of the NW;Sw; Section 23, Township 4 North , of Range 62 West of the 6th P.M. , from whence the Southwest corner of said NW:SW; Section 23 , bears Southerly a distance of 25 feet, more or less; thence Easterly along a line parallel with and distant 25 feet Northerly from the South line of said NW:SW:, Section 23, a distance of 1306 . 5 feet, more or less to a point on the East line of said NW;SW;, Section 23, from whence the Southeast corner of said NW;SW4, Section 23 , bears Southerly a . distance of 25 feet. (Affects Parcels 1 and 3) 70 . All mineral and mineral rights, as reserved by C. Guy Warner in Warranty Deed recorded October 13 , 1925 in Book 787 at Page 23 , and any interests therein or rights thereunder. (Affects NEh NEC 22-4-62 of Parcel 3) 71. Right of way as now constructed over across the SA of Section 17 as granted to the Bijou Irrigation Co. by instrument recorded August 7, 1905 in Book 212 at Page 207. (Affects Parcel 3) 72. Easement for right of way, as conveyed to Charles H. Krause by L. W. Littler in Quit Claim Deed recorded November 17, 1947 in Book 1215 at Page 208, in which the specific location of said easement is not defined. (Affects 29-4-62 of Parcel 3) 73 . An undivided h interest of all oil, gas and other minerals now owned by grantors, as reserved by Andrew Gerald Orr and Grace Ellis Orr in Warranty Deed recorded November 2, 1970 in Book 635 as Reception No. 1556908 , and any interests therein or rights thereunder. (Affects Parcel 3) 74 . An undivided 1/32 interest in all of the oil, gas, coal and other minerals, as granted to Andrew Gerald Orr and Grace Ella Orr, by Decree recorded July 11, 1977 in Book 892 as Reception No. 1724116, and any interests therein or rights thereunder. (Affects SE} 20-4-62 of Parcel 3) 75. Terms, agreements, provisions, conditions, obligations and restrictions which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based upon race, creed, color or national origin, as contained in Use By Special Review, recorded September 17 , 1982 in Book 978 as Reception No. 1904118 , providing substantially as follows: (1) The uses permitted on this site shall include the extraction of the barrow material as described in the application materials on file with the Department of Planning Services . (2) The request shall comply with the operation, policies of Section 44 . 4 of the Weld County Zoning Ordinance . (3) Design standards for Uses by Special Review, section 24 . 5 et. seq. of the Weld County Zoning Ordinance shall be complied with. (4 ) Operations Standards for Uses by Special Review, Section 24 .6 et. seq. of the Weld County Zoning Ordinance shall be complied with. (5 ) The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment of the Permit by the Weld County Planning Commission before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (6) The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards . Noncompliance with any of the above stated standards may be reason for revocation of the permit. (Affects Nis NE: of Section 20-4-62 of Parcel 3) 3-12 SO 2ZS B 1098 REC 02^38419 01/08/86 14: 42 "8. 00 16/016 F 1254 MARY . 1 FEUERSTEIN CLERK & RECOK JR WELD CO, CO 76. Power Line Easement from Edwin T. Orr to Seller by general warranty deed: the NE% of Section 21, Township 4 North, Range 62 West, of the 6th P.M. , Weld County, Colorado, together with all water rights, improvements, and appurtenances located thereon and used in connection therewith, except household furniture and other personal property ^ther than any existing blinds or. curtains, which blinds and curtains shall be conveyed with property. 77. Morgan County Rural Electric Association Right of Way Easement dated August 12, 1985 from Morgan County Rural Electric Association to Stockwell; NW% of Section 19 , Township 4 North, Range 61 West of the 6th P.M. 78 . Agreement for Electric Services dated , 1985 from Morgan County Rural Electric Association to John F. Orr ; Sh SE% NW; of Section 19, Township 4 North, Range 61 West, 6th P.M. • 79 . Permanent Easement dated July 7, 1983 from John F. Orr to Bijou Irrigation District: a tract or parcel of land No. PE-15 Rev. of the State Department of Highways, Division of Highways , State of Colorado, Project No. FC 034-2 (91 containing 0 . 390 acres, more or less , in one Wk of one SE% of Section 22, Township 4 North Range 62 West, of 6th P.M. , in Weld County, Colorado. 80. Morgan County Rural Electric Association Right of Way Easement dated March 8, 1979 from John F. Orr to Morgan County Rural Electric Association for the N1/2SE1/4 of Section 23, Town- ship 4 North, Range 62 West of the 6th P.M. , Morgan County, Colorado. 81 . Morgan County Rural Electric Association Irrigation Pump Power Contract dated March 8, 1979 from John F. . Orr to Morgan County Rural Electric Association for N1/2SE1/4 of Section 23 , Township 4 North, Range 62 West, 6th P .M. , Weld County, Colorado. 82 . Agreement for Electrical Service dated July 2, 1982 between Morgan County Rural Electric Association and John F. Orr; NW UE; of Section 20, Township 4 North, Range 62 West, 6th P.M. 83. Easement and right of way to construct, operate and maintain an electric transmission line, as granted to the United States by L.W. Littler in Grant of Easement recorded December 31, 1942 in Book 1103 at Page 373, affecting the following described property: Section 21 and SW; Section 22 , S►SE► Section 18 and SW;SW; Section 17, Township 4 North, Range 62 West of the 6th P.M. The center line shall be as follows : Beginning at a point on the West line of Section 21, Township 4 North, Range 62 West of the 6th P.M. , whence the Northwest corner of said Section 21 bears North 1386 feet; thence S72°58' E, 8189 feet to the North-South center line of Section 22, Township 4 North, Range 62 West. Also beginning at a point on the North-South center line of Section 18, Township 4 North , Range 62 West of the 6th P.M. , whence the South quarter section corner bears South 977 feet; thence S72°58 ' E, 3589 feet to the South 'l:ne of Section 17, Town- ship 4 North, Range 62 West of the 6th P.M. Affects Parcel 3) B-13 900226 ' B 1185 REC 02130988 02/16/88 16 : 19 $15 . 00 1/005 F 1671 Mr' ANN FEUERSTEIN CLERK & R' ORDER WELD CO, CO AR`130988 State gacumentary Fee PERSONAL REPRESENTATIVE'S DEED Date ._ • THIS DEED is made by UNITED BANK OF GREELEY, N.A. , formerly Intra es Bank of Greeley, N.A., as Personal Representative of the Estate of George J. Lamont, deceased, Grantor, to EQUUS FARMS, INC. , a Colorado corporation, Grantee, whose address is 555 17th Street, Suite 2400, Denver, Colorado 80202. WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated September 3, 1986, which Will was duly admitted to informal probate on October 16, 1987, by the District Court in and for the County of Weld, and State of Colorado, Probate No. 87 PR 245; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 16, 1987, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferr€d upon Grantor by CRC 15-1-803 of the Colorado Probate Code, and for the consideration of TEN and °C Fcc NO/100 DOLLARS and other good and valuable consideration, Grantor does hereby 40.00 sell , convey, assign, transfer and set over unto Grantee the following described real property situate in Weld County, Colorado: SEE ATTACHED DESCRIPTION EXHIBIT A . with all appurtenances. For the same consideration, Grantor conveys and warrants to Grantee all other real estate, tracts, parcels, strips, gores or other interests in real property owned by Grantor, whether contiguous or adjacent to the lands described in Exhibit A or otherwise. Grantor does hereby bind itself and its successors to warrant and forever defend all and singular the said real property unto Grantee, its successors and assigns, against the lawful claims of any and all persons claiming or to claim the whole or any part thereof by, through or under Grantor, but not otherwise. To induce any person at any time hereafter to acquire an interest in, or to insure the title to, the above-described property, Grantor, by the execution of this deed, and the Grantee by the acceptance and recording of it, each represent and declare that the Grantee is not Grantor's spouse, agent, or attorney, or corporation or trust in which Grantor has a beneficial interest; and that this deed is not part of a transaction which is affected by a con- flict of interest on the part of the personal representative. Executed February 16 , 1988. UNITED BANK OF GREELEY, N.A. , formerly IntraWest Bank of Greeley, N.A. , as Personal Representative of the Estate of George J. Lamont, Deceased. BY m, (----t-- -c. STATE OF COLORADO ) Vi 6 PCs S i�6N i 4 7T7uc s r OS)c6,c ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 16th day of February , 1988, by James W. Price as Vice President of UNITED BANK OF GREELEY, N.A. , formerly IntraWest Bank of Greeley, N.A., as Personal Representative of the Estate of George J: Lamont, Deceased. ,„,,,n-WLTNESS my hand and official seal . r;E,a !!•MyccOxmission expires December 1, 1990 J . Alit / u act,{ ,, :. : 0 NITA' ' PUBLIC ' `'. P s../ 4/1 / 1• 1113 10th Avenue 3J t bar Gxccley, CO. 80631 9002246 B 1185 REC 02130988 02/16/88 16 : 19 $15 . 00 2/005 F 1672 MAR" ANN FEUERSTEIN CLERK & REr-IDER WELD CO, CO 1.) IIBIT "A" PARCEL 1 : TOWNSHIP 4 NORTH, RANGE 61 WEST OF THE 6TH P.M. Section 2 : Lot 4 , SW;NW; Section 3 : All Section 4 : Lots 1 , 2 , 3 and 4 ; S1N1 Section 5 : Lots 1 and 2 , SANE;; EXCEPT 15.88 acres in Riverside Reservoir as granted to The Riverside Irrigation District in Patent from the State of Colorado recorded in Book 1153 , Page 114 . Section 8 : SENSE: Section 9 : S/N0, S1 Section 10 : NW;, WINE: Section 17 : Nei, N1/2S1/2 , S►SE: ; EXCEPT a strip of land 100 feet wide through the N1/2S1/2 of said Section 17 as conveyed to Colorado Central Rail Road Company in deed recorded in Book 30, Page 240 ; and EXCEPT a strip of land 150 feet wide through the S1 of said Section 17 as conveyed to The South Platte Land , Reservoir and Irrigation Company for inlet ditch to Jackson Lake Reservoir in Quit Claim Deed recorded in Book 163 , Page 224 ; and EXCEPT that part of the SW: of said Section 17 conveyed to the Union Pacific Railroad Company in Warranty Deed from Wm. E. Day recorded in Book 181 , Page 119 , described as follows : Commencing at the intersection of the southerly line of the right of way of the Union Pacific Railroad with the west line of said Section 17 , said place of beginning being 50 feet south of the center line of said railroad measured at right angles thereto; thence South 88° 32 ' East 1500 feet along the southerly line of said right of way; thence South 100 feet ; thence North 88° 32 ' West 1500 feet ; thence North 100 feet to the place of beginning; and EXCEPT that part of the SW; of said Section 17 conveyed to the Union Pacific Railroad Company in Warranty Deed from Wm. E. Day recorded in Book 181 , Page 120 , described as follows : Beginning at a point on the northerly line of the right of way of the Union Pacific Railroad a distance of 1280 . 1 feet measured along said northerly line of right of way, east of the intersection of said northerly line of right of way, with the west line of said Section 17 , said place of beginning being 50 feet north of the center line of said railroad company' s track measured at right angles thereto; thence South 88° 32 ' East 100 feet along the northerly line of said right of way; thence North 1° 28 ' East 50 feet ; thence North 88° 32 ' West 100 feet; thence South 1° 28 ' West 50 feet to the place of begin- ning; and EXCEPT that part of the SW: of said Section 17 conveyed to the Union Pacific Railroad Company in Warranty Deed from William E. Day recorded in Book 208 , Page 198 , described as follows : Commencing at a point on northerly line of the right of way of Union Pacific Railroad a distance of 1280 . 1 feet measured along said northerly line of right of way, easterly from intersection of said northerly line of right of way with west line of said Section 17 , said northerly line of right of way being parallel with and 50 feet distant northerly from center line of main track of Union Pacific Railroad when measured at right angles thereto; thence North 1° 28 ' East along the westerly line of tract of land conveyed to U. P. R. R. Co. by Wm. E. Day by Warranty Deed recorded in Book 181 , Page 120, 50 feet to a point : 900226 • B 1185 REC 02130988 02/16/88 16 : 19 $15.00 3/005 F 1673 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Section 17 Continued . . . • • thence North 88° 32 ' West 60 feet to a point ; thence South 1° 28 ' West , parallel with westerly line of the aforesaid tract of land conveyed to U. P. R. R. Co. by Wm. E. Day, 50 feet to intersection with norther- ly line of right of way of said U. P. R. R. ; thence South 88° 32 ' East along northerly line of said right of way 60 feet to place of beginning; and EXCEPT those parts of the SW; of said Section 17 con- veyed to the Union Pacific Railroad Company in Warranty Deed from William E. Day recorded in Book 251 , Page 147 , described as follows : Beginning at the intersection of the west line of the SW; of said Section 17 with the northerly right of way line of the Julesburg Branch of Union Pacific Railroad, said right of way line being distant 50 feet from the center line of main track of said railroad when measured at right angles thereto; thence easterly along said northerly right of way line a distance of 1500 feet ; thence northerly at right angles to the last mentioned right of way line, 100 feet to a point which is perpen- dicularly distant 150 feet from the center line of main track; thence westerly along a line parallel with and 150 feet distant from the center line of said main track to the west line of said quarter section; thence south along the west line of said quarter section to place of beginning (excepting therefrom a tract of land 50 feet wide and 160 feet long conveyed by William E. Day to Union Pacific Railroad Company June 11th 1900 ) ; also, beginning at the intersection of the west line of of the quarter section last above described with the southerly line of said right of way, said right of way line being 150 feet distant from the center line of said railroad when measured at right angles thereto; thence easterly along said southerly right of way line a distance of 1500 feet ; thence southerly at right angles to the last mentioned right of way line, 100 feet to a point perpendicularly distant 250 feet from the center line of said main track ; thence westerly along a line parallel with and 250 feet distant southerly from the center line of said main track to the west line of said quarter section ; thence north along the west line of said quarter section to place of beginning ; and EXCEPT that part of the Sk of said Section 17 conveyed to The Jackson Lake Reservoir and Irrigation Company in Warranty Deed recorded in Book 655 , Page 498 , and re-record- ed in Book 690, Page 120, described as follows : A strip of land which is 50 feet wide and lies along and adjoining the south and east boundary line of the right of way for the intake ditch to Jackson Lake Reser- voir from the western extremity thereof to the point where said boundary line intersects the south boundary line of the Union Pacific Railroad Company right of way in Section 17 aforesaid . Said strip of land extends along the south and east boundary line for said intake ditch as the same is described through said Section 17 aforesaid in that certain Quit Claim Deed wherein William • E. Day was the grantor and The South Platte Land , Reser- voir and Irrigation Company was grantee , which said Quit Claim Deed was dated on the 9th day of August , 1902 , and is found of record in Book 163, at page 224 thereof ; and EXCEPT that part of the NW: of the NW; of said Section 17 conveyed to the Riverside Reservoir and Land Company and The Riverside Irrigation District in Warranty Deed record- ed in Book 1093 , Page 363 , described as follows : Beginning at the northwest corner of said Section 17 and running thence south to a point 75 feet south of the cen- ter line of the Riverside Outlet Canal as the same is 900226 constructed ; u w1d RuC U21jU9db ,i/ -u/68 10 : 19 $1 . 00 4/005 F 1674 MARY ANN FEUERSTEIN CLERK & REC^RDER WELD CO, CO Section 17 Continued . . . thence in an easterly and northerly direction, parallel to and 75 feet distant from the center line of said outlet canal to a point on the north boundary line of said Sec- tion 17 ; thence west to place of beginning . Section 18 : N1; EXCEPT that portion thereof conveyed to The Riverside Reservoir and Land Company in Quit Claim Deed recorded in Book 270 , Page 160, described as follows : A strip of land 150 feet wide , being 75 feet on each side of the following described line , for the right of way of outlet ditch from Riverside Reservoir : Beginning at a point on the section line between Sec- tions 17 and 18 , Township 4 North, Range 61 West of the 6th P.M. , 743 feet south of the corner common to Sec- tions 7 , 8 , 17 and 18 in said township and range ; thence by true bearings, variation 14 ° 40 ' East , as follows : South 45° 09 ' West 270 feet ; thence South 50° 36 ' West 1445 feet ; thence South 74° 17 ' West 226 feet ; thence South 67° 20 ' West 147 feet ; thence South 57° 43 ' West 335 feet ; thence South 77° 14 ' West 370 feet ; thence North 77° 40 ' West 354 feet ; thence North 81° 29 ' West 210 feet ; thence South 80° 08 ' West 675 feet ; thence North 73° 30 ' West 1051 feet ; thence South 73° 03 ' West 555 feet ; thence South 44° 06 ' West 472 feet to point on the range line, 175 feet north of the quarter corner between Section 18 of said township and range , and Section 13 , Township 4 North, of Range 62 West ; and EXCEPT that part of said N1 of said Section 18 lying within a parcel of land conveyed to Wellington McGuire in Warranty Deed recorded in Book 827 , Page 208 and again described in Quit Claim Deed to John T. Maguire recorded in Book 962 , Page 97 , described as follows: Beginning at a point on the east boundary line of Sec- tion 18 which is 150 feet north of the center of the right of way of The Union Pacific Railway ; thence North along said east boundary line of said Section 18 , 1025 feet to a point ; thence northwesterly 1000 feet to a point where said line would intersect with a line 1400 feet north of the center of the right of way of The Union Pacific Railway Company; thence northwesterly 1225 feet to a point where said line intersects with a line 1580 feet north of the cen- ter of the right of way of The Union Pacific Railway Company ; thence northwesterly along the southern boundary line of The Riverside Outlet Ditch to the west boundary line of said Section 18 ; thence South along the west boundary line of said Sec- tion 18 to the north boundary line of The Union Pacific Railway Company right of way ; thence easterly along the north boundary line of The Union Pacific Railway Company right of way 3600 feet, more or less , to a point 1680 feet west of the east boundary line of said Section 18 ; thence North 100 feet to a point ; thence East 1680 feet to the point of beginning; and EXCEPT that part of the SE: of the NE; of said Sec- tion 16 lying within a parcel of land conveyed to Wellington McGuire in Warranty Deed recorded in Book 937 , Page 585 , described as follows : Beginning at a point on the east boundary line of Sec- tion 18 which is 1175 feet north of the center of the right of way of the Union Pacific Railway Co. ; thence North along said east boundary line of said Sec- tion 18 , 150 feet to a point ; thence westerly 1000 feet to a point where said line would intersect with a line 1400 feet north of the cen- ter of the right of way of the Union Pacific Railway Co. ; 900226 B 118s REC 02130988 02/16/88 16 : 19 $15.00 5/005 F 1675 MA ANN FEUERSTEIN CLERK & R: )RDER WELD CO, CO Section 18 Continued . . thence southeasterly 1000 feet , more or less , to the point of beginning , being a piece of ground triangular in shape , having 150 feet on the east , 1000 feet on the north, and 1000 feet , more or less on the south, and coming to a point on the west. TOWNSHIP 5 NORTH, RANGE 61 WEST OF THE 6TH P.M. Section 33 : S1 Section 34 : S1 PARCEL 2 : TOWNSHIP 4 NORTH, RANGE 61 WEST OF THE 6TH P .M. Section 4 : 51/2 Section 5 : EISE; Section 9 : ANI, PARCEL 3 : TOWNSHIP 5 NORTH, RANGE 61 WEST OF THE 6TH P.M. Section 33 : NW: 9®0226 7 ` dr Bond No. 610 175921 4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, EQUUS FARMS, INC., (hereinafter called the Principal), as Principal, and the WESTCHESTER FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of New Jersey (hereinafter called the Surety), as Surety, are held and firmly bound unto Board of County Commissioners, Weld County, Colorado, (hereinafter called the Obligee), in the sum of Four Thousand One Hundred Fifty Eight Dollars and no/100 ($4,158.00/100) Dollars, for the payment of which sum well and truly to be made, we the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 20th day of February, 1990. WHEREAS, said Principal has entered into a Soil and Water Conservation Plan with said Obligee, for the conversion of Rangeland to Cropland including Pasture/Hayland for Farm No. 5911, Tract No. 5007, 5008 and Unnumbered covering 372.1 total acres in accordance with the terms and conditions of said plan, which is hereby referred to and made a part hereof as if fully set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said plan set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said plan specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full forces and effect. EODUs F C. WESTC ESTER FIRE INSURANCE COMPANY fi /Vivi .A nne 0ouglaasAtt Attorney -F • RPELVcu .. 900226 > �: :9%"740e,,.. ,i , ,1, .' k POWER OF ATTORNEY, r ^� -- + . - n e s ESTCHESTER FIRE INSURANCE CC .PANY '..,.. s ,3 -' ` ' 4' tr, - ,_i ` ' 4 .. PRINCIPAL OFFICE, NEW YORK, N.Y. '^, �,. '' • i ' KNOW ALL MEN BY THESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COMPANY a Cor- .. 'poration duly organized and existing under the laws of the State of New York,;and having its administrative offices in the Township ,of Morris, New"Jersey, has made, constituted and appointed, and does by these . ' " , presents make,`constitute and appoint ,.Vivienne Douglas and Harriet J. Hunt of Denyer,'Colorado, ff, . ..\ e -.r A • i x ' i T.each ) .,:' '_, ,..Ay ,4 ray "x •1 >1. .dam:. <. - yy� ,.. ... ex. t4 . 1:••,..t."''‘, 1 \ „61rs, The' !.f ,�.,. 4 i$14, "- •,�,x.' t'1 , its true and lawful Agent(s) and Attorneys? m Fact, with full power and authority hereby conferred in its -'name,place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings ,' SUBJECT TO THE EXCLUSIONS LISTED BELOW: ' "a ₹ ",-,7,,,, "/)..`". q ''r „• "9 "" Bid, Proposal and Final Bonds ana Undertakings guaranteeing contracts for the construction or erection of public or private buildings, improvements, ' ' , and other works and guaranteeing public and private contracts for supplies----- . and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected, officers of the Corporation at its „offices in Morris Township, ' a _New Jersey in their own proper persons -Si , - ' a w s.. '* , I 1 ."0" ,:t" '"`A • y,Y' -- ,„.r' 3\ Tq' - _7'- This Power of Attorney limits the act of those named therein to the bonds'and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. X t.,.0 ;r . A ,. ar' a strr,*1. Y t .,,� a,o,y (• .,,.V . '_ ._ This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the Westchester Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7th day of July . I9 89 :, Attest: WESTCHESTER FIRE INSURANCE COMPANY i l/l1/A . ifl?"144241. A:I"' - - Assistant Secretary . . , - Vice, President , , John K. Stewart Richard A. Annese , STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) . ; ,,,x;,,,,„$-- ,, -' .•n , d .'' - On this 7th day of July ' 19 89 , before the subscriber, a duly qualified Notary Public of the State of New Jersey. came the above-mentioned Vice President and Assistant v p4rpgFiyrof the Westchester Fire Insurance Company; to me personally known to be the officers described latill ed the receding "same, and being ���Sylsynte• 2448,rn,deposed and said, thatnent,they Are dthe officers-of sad Company aforesaid,ed the eitecution of ea d that the seal ' O.= affixed to ('g cpgceding instrument is the Corporate'Seal 'of said Company; and the said Corporate Seal and Nttici ili tituttps as officers were duly affixed and subscribed to the said instrument 'by'the authority and kl *f.- dtrsritjpn of tl Company ,. ; ,v" ,i a•x ,. , F9 ''4,ei, "so-, v"""�, is t. A--$ ,sty . W w ��.\�. 9. S. ` )ilJ STQMONrVHEREOF I have hereunto set my hand and affixed my seat at a Township of Morris, the i 1 day Ind y& fi�above wntten dxx•`'4 q s''' ♦ +w ! r fib' .1 x,',..,i, . t . frr.�.DAWN M outAuhTE si .< - �t 4 .,, HF, .Cy NO�p �I�(�( y '�' •"�'^ N0IARI'PUBLIC OF NEW JERSEY " `AJ 1 Yom .'. t (r7ryi" ttv�yx°7 -� 'f =YY lattYiSSlta SHE'S flat 25. 1997 ; n `� �i 1 6 """"' �-' (Seal) Notary ublic a S q l rel.,: This Power,of Attorney is granted nursuant to 'Article IV of the By-Laws of thn WESTCHESTER FIRE INSURANCE t." s•'r ''/COMPANY as now In full force and+ .t:,J(' \`liters tf'`' a y,,.,,,,i t`� > cf „� �„r"' ,\e ti,„- \ r M \ v" -•\, ° , toyT-,, :_ ,, ),-.....“,-.. ,,,q C ,r .. 2 -4"--"`3iY ! 'r‘11 '4.1/20., a 9 t,' Ys .r � V ''''''''..,1,*..;;... ,_ r, F '^ ,"/- A ,4 'ire4 51 - ' c xikf ‘ y ?,. aY +' ARTICLE IV Execution'of Instruments. "The Chairman of the Board, Vice-Chairman the Board,Pre of oar President,or any Vice- ' . '5President in conjunction with the•Secretary, or-any Secretary, if more than one'1 shall be appointed by the Board, or an ' '\ .-+'Assistant Secretary,"shall have power on behalf of the Corporation '' 5 y." .1.✓' 'Vt.:: d '—r " ,a,,_ " y.. , f,% . - ,,,(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, • ' '11 obligations, instruments and documents whatsoever in connection with its business including,without limiting the foregoing, •- 'any bonds,guarantees,undertakings,recognizances,powers of attorney or revocations of any powers of attorney,stipulations, policies of insurance,deeds,leases,mortgages,releases,satisfactions and agency agreements; ,-'' + A i _ (b) to appoint, in writing, one or more persons for any or all•of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation," , 'This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE III Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings,recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced . . . The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons'who shall - '_ have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued:'_ A„ V a\ , )yt7 • - r .i. • - CERTIFICATE • State of New Jersey County of Morris - I,the undersigned,Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains In full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV and Article III, Section 9 of the By-Laws of the Corporation are now in full force and effect. - Signed and sealed at the Township of Morris,New Jersey dated dayof ' 2' 19 94 , I , I 7" a 4. r b. 1 ' ..t if 5., "i r ..''15, hi, ' et, .. .ar er e SI �, , t *°v .��s.c. ,. ''I ° . .$r It! 'wif -.+,.•^ `r r a ei t ‘''t 1 By : � W S ' . X�KPnr - . , -. . .p W a" ''1 k' f ( ' t, k ''.e.".. a " a` 7—Assistant Secretary. S, \0! '"'V AR **old •( A "\\t- . a',el ,." "P 4045*',• eceH 4( .44 7 Herbert H.` tnder�' i '`''` ` . :;•I,'0,. �,�•/,,"{I��' .t �/��eq,.�.9 4-1 +, y,y1 ' q' „;� fir. b x n rt' .a ; a 41I T .,'" ,!y'r0 ....�.' b Y t"' P p4) 14014;�✓, �i ci \ 1 ` FM.303.0 131 1124O. 3 '9L t e ., ' . 4" d 't, y,1 .i .4, 4- lit �° " » v s.: C J7r"- "I,..95' - t L .. 1 dG .� _ dSAI4 Bond No. 610 175922 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, EQUUS FARMS, INC., (hereinafter called the Principal), as Principal, and the WESTCHESTER FIRE INSURANCE COMPANY, a corporation duly orga razed under the laws of the State of New Jersey (hereinafter called the Surety), as Surety, are held d firmly bound unto Board of County Commissioners, Weld County, Colorado, (hereinafter called th Obligee), in the sum of Seven Thousand Twenty Three Dollars and no/100 ($7,023.00/100) Dollars or the payment of which sum well and truly to be made, we the said Principal and the said Suret bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severallyrmly by these presents. Sealed with our seals and dated this 20th day of February, 1990. WHEREAS, said Principal has entered into a Soil and Water ConservatiorAlan with said Obligee, for the conversion of Rangeland to Cropland including Pasture/Hayland for arm No. 5911, Tract No. 5007, 5008 and Unnumbered covering 372.1 total acres in accordance w' the terms and conditions of said plan, which is hereby referred to and made a part hereof as if f set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIO IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each a d every, all and singular, the matters and things in said plan set forth and specified to be by sai Principal kept, done and performed, at the times and in the manner in said plan spe Tor hyll pay over, make good and reimburse to the above named Obligee, all loss and d ge whic said Obligee may sustain by reason of failure or default on the part of said Principal o to the this obligation shall be null and void; otherwise shall remain in full forces and effect. (\ EODUS M$, IN . /{/ y WESTCFJESTER FIRE INSURANCE COMPANY C ��� /p V/ Vivienne Douglas, Attorney-in-Fact // \(. ------ V / APT 13/4211 Hello