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M w �J ( l J b e. e s °, ,!t.. i 'a. a mm /E X45 J,^ �i el gm eha �e 8 �A5mm k 70 . t3� �Iti �� '-'.i �;� $min mw R' .�I i$a - can, : �u - C$^e iii I . a0ER �; AFB � i �--�\� 4.k ��° t e;� •.---^-N' o. - my WCk T ° — `WW t5`g ° ° 4 - e V- _ ¢ E° g • CN\W < ��-• f 9iv73q RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION N0. 1361 - JOSEPH A. AND ELAINE D. HOFF 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, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1361, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1361 was submitted by Joseph A. and Elaine D. Hoff for property which is located in part of the SE,'-, of Section 9, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 48.684 acres and 14.369 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 3. The recorded exemption plat shall show a 50-foot right-of-way reservation north from the centerline of Weld County Road 70 and west from the centerline of Weld County Road 31. 910734 Page 2 RE: RECORDED EXEMPTION 111361 - HOFF 4. The following note shall be placed on the recorded exemption plat prior to recording: "A Flood Hazard Development Permit will be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property." The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, A.D. , 1991. 44411,4"^ , BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, CO oRADO Weld County Clerk to the Board • n n- Gord cy, rrman By: di _ intk.�.. Deputy erk to the Board Geor e Kenn y, Pro- e APPROVED AS FORM: Constance L. Harber County Attorney C. W. Kir y `� %( �� W. H. Webster 910734 CONDITIONS OF APPROVAL RE-1361 Joseph A. and Elaine D. Hoff The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. The recorded exemption plat shall show a 50 foot right-of-way reservation north from the centerline of Weld County Road 70 and west from the centerline of Weld County Road 31. The following note shall be placed on the recorded exemption plat prior to recording: "A Flood Hazard Development Permit will be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. " 910734 (tilt DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO July 31, 1991 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1361 Dear Commissioners: This request for a recorded exemption is submitted by Joseph A. and Elaine D. Hoff. The parcel of land is described as part of the southeast quarter of Section 9, T6N, R66W of the 6th P.M. , Weld County, Colorado. The property is located west of Weld County Road 31 and north of Weld County Road 70. This request is to divide a 61.041 acre parcel, which is the total contiguous land holdings of the applicants, into two lots of 48.684 acres and 14.369 acres, more or less. This 61 acre parcel was divided from a 312 acre parcel in 1985 and was permitted for one single family dwelling unit by USR-681. The existing home is served by North Weld County Water District and a septic system. It is the opinion of the Department of Planning Services' staff that this request should be denied. The proposal does not meet the standards set forth in Section 9-2 E. of the Weld County Subdivision Regulations. Since 1986, four other recorded exemption applications have been approved in this section for a total of eleven legal parcels. Sufficient reasons have not been given by the applicants to warrant exempting another lot at this time. The Department of Planning Services' staff has concerns about the level of development and the potential for continued divisions occurring in this section. The Board should be aware of the development pattern which has occurred in this area and should decide whether it wishes to allow this type of piecemeal development to continue. In addition to the eleven parcels which have been created in this section, the half mile immediately south of this section has been developed for four rural residential home sites. The east half of Section 4, immediately north of this section, has been divided into 10 separate parcels. Development in this area has reached a level where continued divisions may evade the intent and purpose of the Weld County Subdivision Regulations. To allow further development in this area will increase service demands such as road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban type services. C. r,t July 31, 1991 Board of County Commissioners Page 2 The Department of Planning Services' staff recommends the Board consider this application and deny this request. Respectfully submitted, / / Y o vi-t,..( .. ,�'.G vC�- r 2 i � , 11 JJ//� Lanell J . S�banson Current Planner LJS/rb >1 . r ] pP . � a •tf le j \ �I H: '.:7„..). I. 80. . . . TZ�\ .....,.•a.—t _ O -0 tJ__,,I • ... ▪ :— —1 ° !.o} , - L\ � — — �� tea,((\�\�� °✓• cml o i. 2• a z. ! !°• iz : °xs, �J PocZed 1 76. . . . O v�•�i• •• • •• " • : ai• 1 _ $] o v ••1 • °_ • ••° •• • a r •°•1 9 � �10 �•��- • ac t/4 GRf< 7• .iWESTERN: ..° [ RAIL A 1 ( • IJi �• ]• . xsal !SEVER ` "oft fo Ail° \I —_A Y ._ ° 1 S A E — •.. K •1.1••• 1 I � 1 1 t. (•K• „--1"2.l 155- I. — r 1 74. . . . ° •• •i • ; a. I` _ T wof:• r . 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'q$v p• • 8 Ct -•• t r`• w' 3 Ft .• 11,;! -J @ � . �,., , .. }; :.s r. :. — — . .. - — — � .,. r" ,_ -- a•,•4 r. °`-I i _. r. p ..... .. �..-.A. r a a ~r 4 �r T:',11: , `` y� .,e . r , ,; � } ti • ry • ₹» V kkyy 4 4 k lEts If:� _- --...,. x - r,: .' k d ' x•!gip !r•" .. • t, Y.,k'N4 . - , : . 53 .5. ,,.. . .. t Y. .:• C ' .. S x f';. 44t- Y I , *. . i . x . :.3'*` x.: c r---- //'----"' „ I • \\\ i OS ti . 67.51 :. .. .. .4O a O` z-' 4 I:« .' a r 'w p, '42;1 M _ . : -.....T.:...; ..;',...!:4:?'„' FIELD CHECK FILING NUMBER: RE-1361 DATE OF INSPECTION: July 18, 1991 APPLICANT'S NAME: Joseph A. Hoff REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the S2 of Section 9, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 31, north of Weld County Road 70 LAND USE: N Alfalfa, 3 rural residences E Weld County Road 31, agricultural production, 1 residence S Weld County Road 70, 5 rural residences W Agricultural production, oil and gas production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The proposed smaller lot contains a residence and hay production. The proposed larger lot is in hay production and oil and gas production. The terrain slopes slightly to the southwest. an 11 J. w `son Current P1 ner ;L Iw F ..A ADMINISTRATIVE REVIEW FLOW SHEET /ie CASE 11 e r APPLICANT : REQUEST : LEGAL : LOCATION : ` By Q�i�C/f/(/J 1-o �C/ ?� Date �y 7- g - ' Application received ! Application complete �/ Letter to applicant drafted I Referrals listed File assembled Letter to applicant mailed �t \ Referrals mailed ' 24.. 4 -_-_ Chaind ex ed � DPS recommendation drafted Administrative Review decision : History card completed COMMISSIONERS ' HEARING DATE : 7 - .31 - 91 Date By Air photo and maps prepared Field check by DPS staff . _ - n '�' "��_J(),/�4TVW CC Action : 1 ' CC resolution received History card completed r ' Recorded on maps and / or filed APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: �/�/� o0 J APPL. FEE 690--/F/la& CASE N0. RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: -SEE ATTACHED LEGAL DESCRIPTION- TOTAL ACREAGE: 61.041 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes XX No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes XX No FEE OWNERS OF PROPERTY: Name: Joseph A. Hoff Address: 34251 WCR 31 Greeley, Colorado 80631 Phone: 454-3713 Name: Elaine D. Hoff Address: 34251 W C R 31 Greeley, Colorado 8031 Phone: 454-3713 Name: Address: Phone: WATER SOURCE: Larger Parcel North Weld Smaller Parcel North Weld TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Residential/Agriculture ACREAGE: Larger Parcel 48.684 ac. Smaller Parcel 14.369 ac. EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Si ture: Owner or Auth iz Agent Subscribed saoq�� to before me this-5(17412) day of � _ , , 19yf t �«JO �� :cp Y ,stTAR ;. list rcj` " N ary Public „•00-.. 1 OR C01',,pi:" u.. , 910724 My Commission Expires C K-� „....2/ /91(// )27 June 27, 1991 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Sirs: I am discontinuing my farming operation and have contracted to sell 46.672 acres, more or less, located in the South 1/2 of the South 1/2 of Section 9, Township 6 North, Range 66 West of the 6th P.M. in Weld County. The boundaries of this parcel are Weld County Road 70 to the south, Weld County Road 31 on the East, the quarter section line northerly, and a natural drainage ditch known as the LaGrange Seepage Ditch, running in a southeasterly direction for the west boundary. Located in the southeast corner of Section 9, is a tract of land containing 1.99 acres, more or less, owned the Honorable Judge Donald A. Carpenter. As demonstrated on the attached surveys, the property I now own borders the Carpenter property on two sides. It is the desire of the Carpenter's to increase the amount of land which they own. This transfer would increase the Carpenter parcel from 1 .99 acres to 48.684 acres. Concurrently, the Hoff acreage would decrease from 61.041 acres to 14.369 acres. No additional road access will be created and the property will remain in crop production. Title to the 46.672 acres will be in the name of Carpenter Enterprises, a Colorado General Partnership. This partnership consists of Doris Carpenter and her two sons. For estate planning purposes, the Honorable Judge Carpenter will not be taking title to the 46.672 acres. As a result, this recorded exemption is being requested. This proposal is consistent with the Weld County Comprehensive Plan and the existing zoning district. The property being sold is in agriculture production and is intended to remain in production. The productivity of this parcel is poor. The majority of the soils are class IV. The 46. 672 acres being sold has 27 acres which has production that has been below the county average. The remaining acreage has little or no production ability. As delineated on the attached aerial photo, there is approximately 10 acres which is not productive for agriculture in any way. As stated previously, the Carpenter's intend to keep this property as a "greenbelt"0 for their existing home and lease the farm ground, or liave it farmed on a custom basis. If in the future a home were to be built on this parcel, there is ample space on unproductive land to build a home and not change the existing crop production on the remaining land. Development could not occur east of the unproductive land due to an existing oil and gas well, and the fact that Colorado Interstate Gas has two 22" gas lines that run north to south across the property. Development west of the unproductive land is also not probable due to another oil and gas well, and the fact that the depth to water is less than five feet. I believe that this type of development is consistent with the Weld County Comprehensive plan in that nonproductive land would be used for any future development. This property is currently unimproved with no plans for development. The smaller parcel will be comparable to other residential sites in this immediate area, with the existing crop production to continue. To the south of this property one-half mile, on WCR 31 are four residential acreages of 10 - 15 acres. To the north of this property, between WCR 70 and WCR 74, there are four additional acreages with similar type dwellings. These properties are farmed in much the same way as my own farm, with the land raising alfalfa hay or being used for grazing. Both Lots "A" and "B" will remain in its present state of crop production, which is alfalfa and grass. The property that I now own has one single family residence. The water tap is from North Weld Water District and the sewage disposal is a septic system. Upon approval of this recorded exemption request, the existing Use By Special Review would be vacated. The water supply for Lot "B" , if ever needed, would be from The North Weld Water District (See attached letter) , and sewage would be a septic system. The property under consideration for this recorded exemption is not located in a flood plain, geologic hazard, or Weld County Airport overlay district. I believe this parcel is located in the City of Greeley overlay district as it is within two miles of the extended Greeley City limits. Thank you for your prompt attention to this application. Should you have any question, please contact me. My phone number at home is 454-3713 and my office number is 352-1561 . Sincere Joseph A. Hoff JAH/ms 9107 �34 t . 1 N.E. car. Sec. 9, ram, R.66 W -11 N�I Tue foinf of Beyarain9 NI M N. 89'35'76"E• 2429. 49' ;ol �J ` N/7'59'00-16! 70.37" --cm..., I etil • s% - z. 3 $4% G/. D4/ Acres N =.o V �. g . z' o ' n.. 9.89'35116" . so' y Na iNt � 35Z.A9" .. .4b_ -4- 4.\., S'.dO"0.5'05%l� !. 97 a C•1I sit ca ,9�rc 9- 149.00" 1312. 451— �gz.oa_ Lt4s. N>' '�IMO C0. D. ?Q Qanh /417, cgs 376, `�' i Par / i 4O19 Recp. ira !20738/ i � Pms found o Prig set SE. con sec. 9,T.6N.,R.66 W Hoff EG - DESCRIPTION Before A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 66 COMMENCINGEATtTIIIE fJORTHEASTCOORNER OOLO�ID SECADO NTIONI9GNJDRCONSIDERINGItT IELY DEAS7ILINEAOFFNSAfD4JS :SECTION 9 TO DEAR SOUTH 00° 03' 05" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETD; THENCE SOUTH 00° 03' 05" WEST, 3912.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 03' 05" WEST, 1112.8 N 3 FEET O R THE NOT W NORTHEAST CORNER OF AR PARCEL .OF LAND ELD DESCRIBED IN BOOK. 1421, PAGE 376, RECEPTION THENCE ALO9 THE NORTH AND WEST SIDE OF SAID PARCEL AS FOLLOWS: SOUTH 89 35' 16" WEST, 352.00 FEET; SOUTH 00°-03' 05" WEST, 249.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH D9° 35' 16" WEST, 1312.45 FEET ALONG THE SOUTH LINE OF SAID SECTION 9 TO A POINT ON THE WESTERLY SIDE or AN IRRIGATION DITCH; THENCE ALONG SAID WESTERLY SIDE BY THE FOLLOWING THREE (3) COURSES: NORTH 25° 12' DO" WEST, 848.39 FEET; NORTH 36° 10' 00" WEST, 645.90 FEET; NORTH 70.57 FEET; Ai NORTH D9° 335' 16" EAST , THENCE 2429.49 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 61.041 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS-OF- WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING nu SAID TRACT OF LAND. 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"fi�r r { e' ,✓�, r ¢ 'rd- ! r l S `Yy�ay�l k>+{ ! t. 4 �1� } M a t�l " �"'M !i Y t 11AVAA,a4P +bi r w ;eA �' ! S +��-,IA, 4,,, ._� J +�. 4/.1,44;;44/4lj,k44.111;',4:,..! k y 'r'� N 15!"}� o f r!a ��+r /' N h$f ! ��. r, k VS t`gt.c: ¢¢ aS I Rn � '1 y .,„r se�" i x ar w { � z 1 »W { ;r ,,,,,ar 1 2641 Y 7 f�! 4 M a sb 'H if# aett r nitre*"11 a< r • - �a„Apr '+' ,f , r..,:ft,--,q,---,t.,!:- ft�7- r rit �,"1- "" -. '�..fi � „Ii iM] i-- A.9 *.• i + , '4ql. f , Ap 1-4r *(1 ',,,,,Vi, 'xI g{ ��i/+ " 4' 2 f ` t ! r r r., r f {y5,4T :4 4Fgyi,F �4,i+Y 4', ti 11 s fi n d �� 4,1 i R �f,•�s.. r a f r rp t o 1'.'�� i fli�, N k}�r� 1;, g i ‘1 r,K 't .S v I ( rc • Q V 1[ I WT sI P ,I Yf f � Yi rir 1, / II /$I x.� '/ Nea,l 2k:1.:.',.''..:14744'.44 Y �i 1131 2� 1� A f.' 41 � iur i irYp +3 4MYA�i L { ,N I' �. /1444." Iffy80.]71 }+ Y N.{s F` i 'i w ' 'R"''.«rxi5.*, . a • 4et" N' r I 1 7 !� .i.Y { .4\. d"r S i . !4 ERNEBTBOARC OF TIGOES DIRECTORS. • x ~_'1>a,.. NORTH WELD COUNTY WATER DISTRICT N']� ALEX HEIDENREICH • ROBERT AU(IRE fI'� Pw► HIGHWAY 85 LUCERNE,COLORADO 80848 w.r4 M XAYDN ycoh,1: LYLE NELSON,MGR. ig;:•---> . P.O.BOX 58 • PHONE 358.3020 • • • June 27, 1991 "` RE: Water Service Dear Sirs, • This letter is in response to your inquiry regarding water service i to the following described property: 34281 WrR 31 xx 1. . X Water service is presently being provided to the above . described property. 2. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North: Weld County Water District within one year from date of this letter, this letter shall. become null and void . w '• Additional comments: • _ • Sincerely, NORTH WELD COUNTY WATE DISTRICT • REFERRAL LIST NAME: Joseph A. Hoff CASE NUMBER: RE-1361 REFERRALS SENT: July 2, 1991 REFERRALS TO BE RECEIVED BY: July 16, 1991 COUNTY TOWNS and CITIES Attorney Ault X Health Department _Brighton Extension Service Broomfield _ _Emergency Management Office _Dacono Sheriff's Office Eaton _Engineering _Erie Housing Authority Evans _ _Airport Authority _Firestone Building Inspection Fort Lupton _Frederick STATE _Garden City Division of Water Resources / Gilcrest Geological Survey / X Greeley _ Department of Health _Grover Highway Department Hudson Historical Society _Johnstown Water Conservation Board Keenesburg _ Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS - Lochbuie Ault F-1 _- Longmont _ _Berthoud F-2 _Mead _Brighton F-3 _Milliken _Eaton F-4 New Raymer _Fort Lupton F-5 Northglenn Galeton F-6 Nunn Hudson F-7 Platteville _ _Johnstown F-8 _Severance La Salle F-9 _Thornton _Mountain View F-10 _Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams _ Platteville F-13 Boulder Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corp of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration Western Hill F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission Greeley Longmont _ West Adams COMMISSION/BOARD MEMBER I Cal4 n734 ✓.�..Y mEMORAnDUM , Wok7o Wald County fanning _ Date July S, COLORADO From Wes Potter. Director, Envi rnnment a1 Prot cart nn . ervi rac Subiect Case Number: RE-1161 Name: Joceph A. Hoff Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP/1f-103 V 5I. ,_3734 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 1 915 10th STREET GREELEY,COLORADO 80631 C. „L 1 7 Ka COLORADO July 2, 1991 CASE NUMBER RE-1361 TO WHOM IT MAY CONCERN: Enclosed is an application from Joseph A. Hoff for a Recorded Exemption. The parcel of land is described as part of the S2 of Section 9, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is located west of and adjacent to Weld County Road 31, and north of and adjacent to Weld County Road 70. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 16 , 1991, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it Cio..4 ioes does not) comply with our Comprehensive Plan for the fo lowing reasons. G+.,c el,,a4 e.f- efig ../ /�tt p.ti 2O u t!, so' 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ��4a Agency: �� Date: -7 -VP 9/ -• all _ i'. 1, - �_. —. F'': ' +yt.Vii.:-- _ _ :2,n B 1080 REr 02021114 08/19/95 10: 11 $6.00 1/002 , ANdecksis F 1674 NARY FEUE?STEIN CLERK L RECORDER WELD CO, CO .t Y hN__.'_ T P-MENG STAVE 1HIS DEED, Made this 14 CI day of August , 1935 : , between NOFFSI46'Ei. MANUFACTURING CO. , INC. �s d .. ',4. a corporation dilly n.ga>a e 1 ad existing under a d by drew of tie.Ise.of the State of Colo rode t �w of the find part-and State Documentary Fee )0$F1'Fi A. NOFF and EI_at\F D. ROFF Dote AUS 1 4 t385 of the Co my of ',a.c I $ ‘t-- 4s._ C t and Ass-of Colora.lo of the second par._ — '-1.'•; ' WIT\ES.SEED:That the .aid pane of the first part r. ro for and : n :. .dersuon of the sum ether any ...i Kr* valuab.c owsid ,rr._ sai ion ($10.00)—_ DOLLAR$ 5' to a to harm paid by the uid partro of the !socked part, the receipt.c:tof is hereby confessed seat ¢1m,-Iayyed. Bs.granted.hnrsumed,sold ad tvn.eyed and by these presents doe, giant bargain. sell,convey and confirm unto : the sad parties of the second part,not in tenancy m common bet to fort tet-dney,the.mviver of them,their aaeiaaa and Use hero and assigns of anon turned forever,a7 flee fodo..me deaotleed to or pared of Leo& denote, lying • ad being in Use Comfy of ' e 1 d and Beata d Gatorade, to wit _.. A tract of land located in the Southeast Quarter of Section 9, Township 6 1S', . North, Range 66 West of the 6th P.M., Veld County, Colorado being 'sore ,r particularly described as follows: Commencing at the Northeast Corner o£ said t' Section 9 and considering the East line of sad Section 9 to bear South .r 00'03'05" Vest, with all other bearings contained herein being relative thereto; Thence South 00'03105" Vest, 3912.57 feet to the True Point of Beginning, Thence South 00•03105" West, 1112.83 feet to the Northeast Corner of a parcel of land described in Book 1421, Page 376, Reception No, 1207381, Weld County Records; Thence along the North and Vest side of 'aid Parcel as j, follows: South 89.35116" West, 352.00 feet, South 00'03'05" West, 249.00 feet to the Southvest Corner thereof; Thence South 89'35'161' West, 1312.45 feet along the South line of said Section 9 to a point on the Westerly side of en irrigation ditch: Thence along said Westerly side by the following three courses: North 25'12'00" West, 848.39 feet; North 36'110'00" Vest, 645.90 feet; North 17'39'00" Vest, 70.57 feet; Thence North 89'35'16" East, 2429.49 feet to the True Point of Beginning. Together with 1.25 shares of the capital s COCK of The Latimer b Weld irrigation Company; 13 snares of the capital stock et he Divide Canal and Reservoir Co., and 1.5 shares of the capital stock ", of The Lucas Lateral Ditch Company- u ft r c - .6 1, F: . 5 i r } . .._- _ -. _._ _�. _..._.. ... a •:�' • la '.080 REC 0202111. 2814/:61—% 819/0" i0: 1; 55«00 7/002 '3 F 1675 MARY ANN FluERST -, C'.ERR• a RECOR.CER glyyp COe Cv • • i ' . II R ii TOCKTi ER �th W and emptier the hered tar+ � appartenarea theremb bs�gtaek arm a,_,..f' x apv-mules.aM he memoe and re.enwnu c a.-e :a tb.. ...a pant' _f to tad P.n.c'rreo/. tad all,the estate. nicht. title. inleree4 claim a v _ _.f natbenc r of ep. ..d par I of of f4.t Pare cthrr H 4w 11-!� 4 a aowty K fa and to the above baraW Pleatene with tLa Yx..iiramevia and arpareesaea�, TO BAYE AND TO BOLD the said premi abvee bargained and turtlned_.dty the said partntl 01 the vend part.L'.< .Vrn.Or O[ tsar amgna am turtle-4, Lin and eaftnaatac sucmi .oe San�i S am A� the say yar[g d the [Set part, for Itself 'ta wcreawn and amigos. doss C�� ass-*ee to and efts the said parttef o1 tits aeeu d par .he eurn.vr of tLem.their � bariu and aar each wnd an that'a the rtlet O(the enxaLryr aM deli.e . n is and the sins and asps 3p! _ abo.e t Ihrelee .t a at the wre,perfect,absolute and tudefe�ble Willi tar(oe a r waB ir,hi d rie oodoed pia•_ n` W goad rust, full and Lawful an[hunty to grant, barns., soil and urn thesay at s,m fr tlmp4, j a[a.seel and that tha Mme i fr«and rLar from all former and ether urn t� Ya la ��r ad fees i >* Ruts baTS�e.!•{e1 2fan4 ta>ee'a.UT: Y M I eaammu and mcabrasee a •es for line tt earnn went 85, Ezcepe the general cases for the year 1985, ezrepc [re Ric[imt, regttla[Smg, I reservations. rights-of-vay, ea cmeocs, covenants, conditions. and lento of jld.r s $ I record or use. t . r E. 1. ! SF f Xth.f.-,...-'l.l.)lrYillj and We bsrgaixd premise. in the quiet aM pzaceabk poavaavn a( the sad yart3�of tins asmnd part. ib 41-,:l '--4)114i their assign. and the heir, and aavtra.Of wn pct-r+eor. is ti aB and e l a qrs ar pInocr lawfully vor rldennu or to&Int the.hole or any part the.eO(,Ne said party o!tM frmt part WR and WA%xaY[ .'. AND FORF.VF R DEFEND. ≥ ar LY�fIFNF$4 w[rt3LmF.The said party of the fin part br caused eta wrpvato minas to be hereunto actin- wt ' c 1 ♦.ry S s`ribaa bl m %(ca Preddeer am Iv above .�a m be lr�a a5..d .verse by k. ' tday tad year facet bO wnylF iJ- Sll!11f7rtRTYf rn tlir ellel ire* M.,n1 f � _ y .tf.�.#. r g a i Ll. C tWyOF COLORADO. ) \ �/ r'w'Yi1 c ''� Y "r` sa • ..?..i.' . __ County or la TI l 1 rev l).7442 Tins Sorel scat Inatx®eot acknowledged before me tke 16th t �'�'1`�' t e : le 85.b7 ...z•.ros L A1�ecfns 9< - r dVwe [� i i*°f4Zzlety. :. t t _ .gexc.V• / _ . rivi-,,,e. t 't � t, h t[y notarial co nmt.mn ezp:rq MY Ce®�t+ne ban Ana 9,' 'a tx s��c 4� Wirnea sy nand semi o(fSoal l.l. ._�. t ;4 s a � I J G C t ` T- l7 i�j� - f '` k x ar tty� S: a,z5r y�X,�` :S' + Na PM,wmaxrr ogm.-rn..r.-..s..i....y_....-..w.-<e.as+r cti v.._.r r� ,raw.{..;V. 1`* T"5 ,. • ,, ...., .a : 734 4..t...o t k t , " > o` ' _ �r s,•I! 1�,ak �ex, fan �. Y x r _ 4 Y Ykk.' °'O"`'c �c 4' — b --- - --- — The printed portions of this form approved by the Colorado Real Estate Commission(CBS 3-5-89) THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) 1.7 19 91 „n L PARTIES AND PROPERTY. Carpenter Enterprises , a Co r.ado General' J/'/"�'�1,,�1) Partner Ship ,purchaser(s)[Purchaseri,(as joint nanny nants in common) yfry agrees to buy,and the undersigned seller(s)[Seller],agrees to sell,on the terns and conditions set forth in this contract o ) scribed real estate /v" ,Colorado,to wit: A tra t � - ndi ontaining in the County of 1/Ze l 47i= - acres , more or less , of which a rP isting_Couf}�,yk, road rights of way with a net area of � esr s more �i5 Lf/� j specifically described on Exhibit- "A" attached hereto and incorporated herein by reference. known as No.approximately 48 acres of Hoff farm near 34251 WCR 31, Greeley, CO 80631. (s.Addr. City,slam,zio together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon and all attached fixtures thereon,except as herein excluded,and called the Pmperty. 2. INCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this contract:lighting,heating, plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,and sprinkler systems and controls;(b)if on the Property whether attached or not on the date of this contract:built-in vacuum systems(including accessories),storm windows,storm doors,window and porch shades, awnings, blinds, screens, curtain rods drapery rods, fireplace inserts, fireplace screens, fireplace grates, healing stoves, storage sheds,all keys and garage door openers including d remote controls;and(c) all water diversion and storage structures used on and in connection with the Property, including without limitation, pumps , Rwitsew, sump pump, 0"" t'lmrt pipes and pipelines . (d)Water Rights.Purchase price to include the following water rights: See Addendum attached hereto and incorporated herein by reference. (e)Growing Crops.With respect to the growing crops Seller and Purchaser agree as follows: See Addendum attached hereto and incorporated herein by reference. The above-described included items(Inclusions)are to be conveyed to Purchaser by Seller by bill of sale, and general warranty deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in section 10. The following attached fixtures are excluded from this sale: None. • 3. PURCHASE PRICE.AND TERMS. The purchase price shall be$ 5 f000 . 00 ,payable in U.S.dollars by Purchaser as follows(complete the applicable terms below): (a)Earnest Money. $ 5 ,000 . 00 in the Corm m a the c k as earnest money deposit and part payment of the purchase price,payable to and Weld County Title Company,- in its escrow Xdilkgt0t8Qt KXRiXsX account on behalf of both Seller and Purchaser. Is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing. (b)Cash at Closing. / Weld County Title Company XX sub'-IecC to ad ustents as, Drovided herein . $ 52 ,.000 .00 h1 be pat'by Purehaser�t closing m cash,eleclrome transfer funds,certified check,savings and loan teller's check,or cashier's check.Subject to the pmvisions of section 4,if the existing loan balance at the time of closing shall be different from the loan balance in section 3, the adjustment shall be made in cash at closing or paid as follows: (c)New Loan. See Addendum attached hereto and incorporated by referenc . xxxxxxx XxxxxxxxmlwotaxeXmtiNatqxd€3cRtax.4'IRs'-0andCuxmicxaclaim cAC4tZmicatAxxxxxxxxxxxAAN1 st. x xwolexlm m xrRck+Ccexs ig*mmactakmmo-x&wm m'x x x x x x wean m xptfr3oultB rw x x x x x x x x x x x x x x x x x x tier rn_x.x p014tmwiec.iml7po( mvxsiottAeimicxxxxxxxxxxxgi9taPmRP39kwkmehtelt4a''C9 194(ndovicr. Mootl7FE xift xtkwixixotiwk9el}F3(a1FVitei trwgkiewmRf4031'e. u*It.7F')CIm9Ftffim4def9f9e9FwwniwiL kk9cle,t*Mxdk'3�*l iRgflOettleWleit*IOxaXrX Mfib@R-°XtW� PRiit'ke.ntilefciRiha#VbeRleVx9csickeklotinoRtfitPboitaeex xxlx'9F7IfW/ttrkol At c5 lkWit*Ilt* ne*ksimmtlekNRoke3nteltxxxxxxxxxxxxxxxxA0 tntItakgoloo itct illkVidic2SAxxxxxAmik rmiTOSkbEFtak*mxxxxxxxxxxxxxxxxxxxxxxxxxxxxxyyxxxx . V V �tkrknxlgpgp�fx,x+acb�Rbex*hp�cxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx V V V V .xxxxx xx5C7thF5tNixkliefftPClcaltNNokstmtae9Cf9FnrXhe modxxxxxxkkitrkeAclawwwxxmkkwkimOttmixix X7C4:an6woomtl km fe �{'NWAtAe;pi to _WrkmW9(sjprj(kelp*lt'XXXXXXXxXXxXXXXXXXXXXXXXXXXXXXYxxxxxYYX— XXXXXX X rXx -,l�Ce--lgcK -- _. No.CBS3-5-89. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE O Bradford Publishing,1743Mace Sr.,Denver CO SU02.-(303) 922500-II 89 J�073 t — — --- - __ h (b)Matters Not Shown by the Public Records. Seller shall deliver to Purchaser,on or before the dale set forth in section 7,true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements,liens or other title matters not shown by the public records of which Seller has actual knowledge.Purchaser shall have the right to inspect the Property to determine if any third party(s)has any right in the Properly not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy).Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller or�+^g d tS Coarew on or before 10 YS afTPr receipt of SICK ,If Seller . --c- g c`,.,p f does not receive Purchaser's notice by i said date,Purchaser shall be deemed to have accepted title subject to such rights,if any,of third parties of which Purchaser has actual knowledge. (c)Right to Cure. If Seller�,tiyttc:=.p:=r receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided in subsection(a)or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing.If Seller fails to I correct said unsatisfactory title condition(s)on or before the date of closing,this contract shall then terminate,subject to section 17;provided,however, Purchaser may,by written notice received by Seller or Listing Compayg on or before closing,waive objection to said unsatisfactory title condition(s). 9. DATE OF CLOSING. The date of closing shall be A-4 �'� , 1991 ,or by mutual agreement at an earlier dat . The hour and place of closing shall be as designated by POr Chas et'' ]0. TRANSFER OF TITLE. Subjecfto tender or payment on closing as required herein and compliance by Purchaser with the other terms and general warranty deed to Purchaser, : provisions hereof,Seller shall execute and deliver a good and sufficient n O n 2 on closing,conveying the Property free and clear of all taxes except the general taxes for the year of closing,and except ;free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;except distribution utility easements,including cable'TV;except those matters reflected by the Title Documents accepted by Purchaser in accordance with subsection 8(a);except those rights,if any,of third parties in the Property not shown by the public records in accordance with subsection 8(b);and subject to building and zoning regulations. II. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proceeds of this transaction or from any other source. 12. CLOSING COSTS,DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing,except as otherwise provided herein.Purchaser and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate 100 .00 and shall be aid at dosin b the respective parties closing and settlement services shall not exceed$ P g y ($50 .00--Purchaser , $50 .00--Seller) . 13. PRORATIONS. General taxes for the year of closing,based on the most recent levy and the most recent assessment,rents,water and sewer charges,owner's association dues,and interest on continuing loan(s),if any,and shall be prorated to date of closing. XA43C AWRAK-Mrtt3Pa`4 tb:d4k'ad INIClaratMcageXAR9s7iy&YeaYvtlSAKIIN VeMPWC X X X X X X X X X x x x x x x x x x x x x x x x X 14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows: at closing. subject to the following lease(s)or tenancy(s): None. If Seller, after closing, fails 1301•ve possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Purchaser for payment of$ U per day from the dale of agreed possession until possession is delivered. cod 15. CONDITION OF AND DAMAGE,TO PROPERTY. The Pmperty and Inclusions shall be conveyed in t Qt condition,ordinary wear and tear excepted.In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price,Seller shall be obligated to repair the same before the date of closing.In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Purchaser.Should Purchaser elect to easy out this contract despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions,not exceeding,however,the total purchase price.Should any Inclusion(s)or service(s)fail or be damaged between the date of this contract 1 and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s)with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Purchaser covering such repair or replacement.The risk of loss for any damage to growing crops,by fire or other casualty,shall be borne by the party entitled to the gmwing crops, if any,as provided in section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops,if any. 16.TIME OF ESSENCE/REMED1ES. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a)IF PURCHASER IS IN DEFAULT: IF THE BOX IN SUBSECTION(01S CHECKED,SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION(I) [SPECIFIC PERFORMANCE]. IF SAID BOX 1S NOT CHECKED, SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION(2)[LIQUIDATED DAMAGES]. ❑(1)Specific Performance. Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. (2)Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released fmm all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection(c))are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. (b)IF SELLER IS IN DEFAULT: Purchaser may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be returned and Purchaser may recover such damages as may be proper,or Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to specific performance or damages,or both. i (c)COSTS AND EXPENSES. Anything to the contrary herein notwithstanding,in the event of any litigation or arbitration arising out of this contract,the court shall award to the prevailing party all reasonable costs and expense,including attorney fees. 17.EARNEST MONEY DISPUTE. Notwithstanding any�lerminatinn of this contract, Purchaser and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by liwokomwt.loskrogent,unless mutual written instructions are received by the holder of the earnest money and things of value,broker or closing agent shall not be required to take any action but may await any proceeding,or at broker's or closing agent's option and sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. *Weld County Title Company _ _ 7734 ADDENDUM This Addendum to Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate (the "Contract") is made between Carpenter Enterprises, a Colorado general partnership ("Purchaser") and Joseph A. Hoff and Elaine D. Hoff ("Seller") for the purchase of certain real property more particularly described in the Contract (the "Property") . In the event of a conflict between the provisions of this Addendum and the provisions of the Contract, the provisions of this Addendum shall control. 20. Additional Provisions. (a) Survey. Seller agrees to obtain at Seller' s sole cost and expense and to deliver to Purchaser within ten days after the mutual execution of this Contract, a pinned and monumented on the ground boundary and improvement survey of the Property prepared by a surveyor licensed in the State o£ Colorado. Seller agrees that if such survey is not current, it shall be re-certified for the benefit of the Purchaser and the title company. Seller acknowledges that if Purchaser is not satisfied with any condition of the Property disclosed by the survey, Purchaser shall be entitled to terminate this Contract by delivering written notice to Seller of such dissatisfaction on or before 45 days after necessity of the survey, and Purchaser shall be entitled to a prompt refund of its earnest money deposit together with all accrued interest thereon. The parties agree that if there is not an exact legal description of the property available as of the date of this Contract, the legal description shown on the survey shall be the legal description used in the deed and other closing documents. (b) Water and Irrigation Rights. Pursuant to Paragraph 2 (d) of the Contract, Seller shall ��r convey the following water rights to Purchaser at closing b �( t general warranty deed and water stock assignments: „ PSertm%Y Ten shares of the capital stock of the Divide LaturaS1 Company; One and one-fourth (1',) shares of the capital stock of the Larimer and Weld Irrigation Company; One and one-half (1's) shares of the Lucas Lateral d/TGH Company; 100% interest in all the water, storage and ditch rights and all other rights appurtenant to and used in connection with the tail water pit located on the Property; 910','.34 All water and water rights, and carrying rights for water, whether appropriated or not, and whether adjudicated or not, including tributary, non-tributary, surface, underground, spring, and seep waters, and ditches, and ditch rights, reservoirs and reservoir rights, water wells and well rights, storage rights, storage tanks, pits, pumps, water lines and easements and permits therefor used on or in connection with the Property. Seller warrants and represents that the rights to the water have not been abandoned and to the best of Seller's knowledge, the water is and at all times has been sufficient in quality and quantity for irrigation uses presently and historically conducted on the Property. Seller agrees to furnish to the Purchaser copies of all pertinent data (permits, logs, beneficial use statements and other correspondence with the Colorado Groundwater Commission, etc. ) including as may now be filed of public record with respect to the Property any copies of water decrees. Such documents and information shall be provided to Purchaser within 5 days .after the mutual execution of this Contract. If Purchaser determines, in its sole discretion, that the water, and/or ditch rights, including the tail water pit, are found to be deficient or insufficient or inadequate or not valid or perfected under Colorado law as determined by Purchaser in Purchaser' s sole discretion and the Purchaser shall notify Seller, Seller shall have the right until closing to perfect the same and shall notify the Purchaser of the status. If not perfected by the closing date, this Contract may, at Purchaser's option, be terminated and all monies advanced by Purchaser, together with accrued interest thereon, shall be immediately returned to Purchaser and Purchaser shall be released from any liabilities or obligations to perform under this Contract. (c) Mineral Rights. Seller warrants that all minerals owned by Seller shall be transferred with the property and all oil, gas and other minerals and mineral rights of whatever kind shall become the property of the Purchaser. Seller warrants that they have not conveyed or transferred any minerals since November 1, 1990. (d) Subdivision of Property. Seller agrees to obtain subdivision approval and/or a recorded exemption from the County of Weld and any other governmental entity approving the sale contemplated by this Contract, and Purchaser' s obligations under this Contract are expressly contingent and conditioned upon Seller' s obtaining such approval, which approval and exemption shall be satisfactory to Purchaser in Purchaser' s sole discretion. . -2- S'0734 In the event such subdivision approval and/or recorded exemption are not obtained or are not satisfactory to Purchaser prior to closing, then this Contract shall be null and void and all monies including the earnest money deposit and all interest thereon shall be returned to Purchaser and the Purchaser shall be released from any liabilities or obligations to perform under this Contract. Seller shall bear all the expense and costs of obtaining the recorded exemption and/or subdivision approval. (e) Financing. This Contract is expressly contingent and conditioned upon Purchaser obtaining a loan for at least the sum of $38, 000 on terms and conditions satisfactory to Purchaser, in Purchaser's sole discretion, on or before closing. If such loan is not obtained by Purchaser, in Purchaser' s sole and absolute discretion, then this Contract at Purchaser's option shall be terminated and all monies including the earnest money deposit and all interest thereon shall be returned to Purchaser and the Purchaser shall be released from any liabilities or obligations to perform under this Contract. (f) Closing Services. The parties agree to use Weld County Title Insurance Company of Greeley, Colorado to handle the closing, and each party will pay Weld County Title Insurance Company one- half of its fees charged for its services in closing. (g) Allocation of Purchase Price. The parties agree to allocate the purchase price as follows: $10, 000 is allocated to pipe, pipelines, motors, pumps, and other similar personal property and fixtures; $47 , 000 is allocated to the land. (h) Notices. Any notice required under this Contract to be served upon Seller or Purchaser shall be effective when actually received or when mailed by certified mail to such parties. (i) Growing Crops. Purchaser shall receive all the 1991 growing crops and proceeds therefrom, including any governmental entitlement. The farm expenses incurred in 1990 and 1991 for the 1991 crop shall be paid as set forth on Exhibit "B" attached hereto. (j ) Water Agreement. The parties agree to enter into a water agreement in form and substance as set forth in Exhibit "C" attached hereto. (k) Survival. All agreements, representations, covenants and warranties on the part of Seller contained in this Contract shall -3- ate 7.34 4 survive the closing and delivery of the ��deed. Dated this /7fi day of f21-"'"'" , 1991. PURCHASER: Carpenter Enterprises, a Colorado General Partnership By: X9-1.-c-e) >72 a general partner SELLER: G.Lsc ( /41 J// oseph�f ElaineD. Hoff L \Carpenter\Contract.acIA -4- C� �,.La'734 EXHIBIT "A" A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9 AND CONSIDERING THE EAST LINE OF SAID SECTION 9 TO BEAR SOUTH 00 03' 05" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 04 03' 05" WEST, 4925.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 03' 05" WEST, 100.00 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1421 , PAGE 376, RECEPTION NUMBER 1207381 , WELD COUNTY RECORDS; THENCE ALONG aHE NORTH AND WEST SIDE OF SAID PARCEL AS FOLLOWS: SOUTH 89 35' 16" WEST, 352.00 FEET; SOUTH 00° g3' 05" WEST, 249.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89 35' 16" WEST, 1312.45 FEET ALONG THE SOUTH LINE OF SAID SECTION 9 TO A POINT ON THE WESTERLY SIDE OF AN IRRIGATION DITCH; THENCE ALONG SAID WESTERLY SIDE BY THE FOLLOWING THREE (3) COURSES: NORTH 25° 12' 00" WEST, 848.39 FEET; NORTH 36° 10' 00" WEST, 645.90 FEET; NORTH 17° 39' 00" HEST, 70.57 FEET; THENCE NORTH 89° 35' 16" EAST, 1814.57 FEET; THENCE SOUTH 00° 24' 00" WEST, 1012.90 FEET; THENCE NORTH 89° 35' 16" EAST, 621.08 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 46.672 ACRES. MORE OR LESS. �'� 'L , EXHIBIT "B" CARPENTER/HOFF Farming expenses incurred in 1990 and 1991 for 1991 crop: SEED EXPENSE - Alfalfa Seed - per invoice Barley Seed - per invoice CUSTOM FARMING - Planting $6/ac.x 40ac. 240 Seedbed Preparation * TOTAL $1060 * Plowing $10/ac. x 22 ac. _ $220 Disc $ 5/ac. x 40 ac. _ $200 Leveling $ 5/ac. x 40 ac. _ $200 Corrugation $ 5/ac. x 40 ac- _ $ 020 TOTAL Carpenter shall reimburse Hoffs for the above expenses at the time of closing of this sale. Hoffs will provide written documents such as invoices, checks, etc. , reasonably required by Carpenter to evidence such expenditures by Hoffs. 5:1-0734 1 .44.4 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 1 91510th STREET GREELEY,COLORADO 80631 C. COLORADO July 2, 1991 Joseph A. Hoff 34251 Weld County Road 31 Greeley, CO 80631 Subject: Recorded Exemption #1361 Dear Mr. Hoff: Your recorded exemption application will be processed on or before August 2, 1991. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations , you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Please call Steve Hill, at 350-9783, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Respectfully, Ke-i�ti�A. Schuett Current Planner 67-10(\tit DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET wi lge GREELEY,COLORADO 80631 COLORADO July 23, 1991 Joseph A. and Elaine D. Hoff 34251 Weld County Road 31 Greeley, CO 80631 Subject: Recorded Exemption 1361 - Request for a recorded exemption on a parcel of land described as part of the S2 of Section 9, T6N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr, and Mrs Hoff: I have scheduled a meeting with the Board of County Commissioners on Wednesday, July 31, 1991, at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Lanell J. S a�anson Current Planner :`_`. /EXHHI IT t' 3 - �� g z a, SESCTIor7 16: 1) 'r1onson or_operty SOOT'S OF SECTION _ 'mac . y;; across I,'CP 70 9 (All on VCR 31) • • r e • w401 'a. Wt. tf 2) Papp aro}>ert„ ..outh oi_ g1 - .. . .- "'"'"� " 'W. Y ' r S, • ;2:r:4;r Ls (t � • �4o-''s.' 3) Lieusink oropertvT South of +12 M1 1 Or' +, h •• 7rs - r•4_- -• 4) Kurtz property 1/2 rile South Ll r .. - a„ T ;.� •].4.' r. ., tax. � .��. '. 5) Frank pn perty • in Section 15 k _ across V?CE 31 3/4 mile South M y . / i w..... . .. • , EXHIBIT m�L EP= 1/2 OF • 1) Lockman property: SECTION 4: 1 mi le North NOKPF OF SECTION • 9 2 • . go: a .. _ __ i• Seifert property: Al • 1 mile North • l� , 3) Across road from r2, in Section 3 1 mile North R� f •yc ',Yr- C.` S x - er .'"e b ,. 41,: -� 9) Maxwell/Olson Property 1 1/2 mile North 4 5) Paton Grove Nursern_ 1 1/2 mile North • • • • , a A(E:mi • "". I Y'n } s • • i c rr 6) : er.nby property, 1 3/8 mile North �4w.a iEF ��i ....1 xr'a '13734 EXHIBIT /.� SECTION 9 � '" 1) Soff property Ste` t . r p +ti F9_, k ti . 2.) t irponter property (fonrer n ° Lucas Schcx>l) Li • 1 � � . .ti n 3) RIcNear property as,,, �. 1/4 mile North a _ ,�.�r �' a ' r - -v x g i',3' t sue" h 141I-D1.-`• eF-.4 �4r-" —1, rTh 1'7'34 1 *^ 4) °blander property - 3/8 mile North ,., 4 ar, • • Y �r . r, ; 1.000100+,141 + . ro , l _lam sr y*2�'v.y � ♦�.• - 1 Mr 5) Si! Corner of Section 9 1 rule ' !4• west i ........., _ !fS III .iN. o it'll - arq •:-;=-•:-. Y ♦ r Ii 1 Y 1f L' Y N . d 6) SW Corner of •, Section 9 1 mile Nest C . .— .. -3 _ i'�. .. — s> k' _34. �: 51('27.3-4 a EXHIBIT I kb' >3G/ • OVERVIEW OF ' �x�kirnj P SECTION 9, T6N �. R66W 1) St corner VY �}j{ 4�# .sr s W� .512 "�G ,.� I y I'<�ff residence x 5 t visible) i V. y{ is 2) NG7 corner, Lookino to SE (Carpenter residence in trees) � . _ - _ 3) North end, looking south • , t _ Y S1,0734 h:�f rf,Y 4• a�y �jj .� ! ` r�„ d Iv I rp -�1 r t `'Jrr} q "�" 7r { �� G �y�p �y",, k { `y� ,IWt(t q _ 4 Y� 4I ''j�2V _ 1/4 VY M4, chii q l yr 'd y, : �' ri' rth �� 4� i. 1d A.l4,; (ry a ,, ! f� � • u^ 4 ! y ._. 4:,,,,,.. 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(1 V ` IAJ, A, yI ! n .� r {Vy� lyfs+ f Pi is d0 r lt! {i}p V e .AAA Div { ✓ ^e # hF 4LYi �4 a� n4At . 'E :" ti {,4.t V F "� P':'11--1 "1 �V t V i ! Y � 1 +,v�Y 4 OS 4 Y ' 1 l'a+ i}itvk 1. .'� Pir, x l cc/.14.i.i.ip",?..„ir...,i,,,ici,)? ctiiP �' !f t 11 w- m .r °' i 5 `Z,'''';', lti n l }S j .11:,:i4! ,4,1r e iA' 4 w �,i A r f,�� ,i 1,P O,V r I a5 V 1: ! 'd { , w v, 1 „ "� I 1 f f O IY Al�x� QyC i ,,h + i ! ,nI i ! f�la�C !a; t', k J+ a� r "55 �f X31:� 4. p k fi I 11 ! V _ ! 1r E,.. �V1c�� l,�h�f :44 " „{rqg {h 4*' �t t ? O'1A5 ;# s ii�'r ' 1 .' P ry `{ h ' �� max. "+ 1° r ',64 ! P' 4, 4yro 114:1414,4�'1�f 'O�,j # �,>% �li��W i ,y i > Al! Q�'. u 4.R ya �' �M A. s, l i 4 1� '� Q�R�i,„ ,""9 a4 � n ie,1 r{a- kPV F« . 5y 1„.1,lµ r i,,1 �,�y'f� .. rkYb,',,{ ., 6 , n t �i � Ill�/ 2� t 1 �, 119 X3 b� ! > �.':Ntij',44rt1 till' , � ,�,, hIs K ,,, i , ogy # Oa O r+ 1�.i ky a tdari M1 , k M S34 loci; 4 z.,..: F+ �d 1Fb ,. { u {.w J 7 k F A t o k ... at�e,4i`1E 'n _ C ! !N ..... _I4k Y_:e� -._ emM �� . : : EXHI IT RE- XI PETITION IN SUPPORT OF tfO411 EXEMPTION The undersigned residents in the vicinity of 34251 Weld County Road 31, Greeley, Colorado, have no objection to the subdivision of the 61.041 acres owned by Joseph A. and Elaine D. Hoff in the South 1/2 of Section 9, Township 6 North, Range 66 West into 2 parcels of 46 . 672 acres (more or less) and 14 . 369 (more or less) acres each. Name Address Phone *(e Gr) - ,51/4/99h/C/c° 45/-3455 te-AiczirA, 3S-t f wc2 ,/ V6 V- e zAs__/zatz, 3373 /ellydvey ift--009,7 V.617- O10� p to� . et V9)1 n.a /+r,��-�+4"%-• 3 s s 1/ /VCA 3/ l t3s,. 44. `�S �-20�y a Air, 3 6-3- A 5 tAJCP ) Cora , Co g63)`' AY t y teve L-2 -� 3sS-a3 *JCR 3 ifS4-0700 y Q.-ti � 355-09 wCR4 31 tiSq- 22412,7 ` E0. uv1j Coll. �tiro:.?ate h( h„all-edi ay" At S-0 y .•rti e . 3/ /'"3 - e2,4 c-I (C;z 4,,m , 6 3,0thsithin Re 94trp 3383 �� 3 ( 3-D O-3 �� 77 6 rre l li (0 �,0`D-54 t) , 33757A,CQ3 / 6- e iO'‘.3/ 35-‘, G07 V3 9?,enict, Y°e-cod:4,4, 33757 'O&M' �1 "11134 _.(i, ,_ n. ti„ .ri/ 3 i ,SC` / -n-7V PETITION IN SUPPORT OF S ©i � N EXEMPTION i The undersigned residents in the vicinity of 34251 Weld County Road 31, Greeley, Colorado, have no objection to the subdivision of the 61. 041 acres owned by Joseph A. and Elaine D. Hoff in the South 1/2 of Section 9 , Township 6 North, Range 66 West into 2 parcels of 46 . 672 acres (more or less) and 14 . 369 (more or less) acres each. Name Address Phone �.�r) 637/ U2CAg 7O 6',1 .Co ‘954,2-1/6'W ,fie a An i05iny dice 7a O.5a id y le(41-ica9.-z_ / 5-f 7 4r-iC 70 s6, -- F F7/ _ cir(-_,-C-A / r52- 15 24 7d 354. - 4 9' � El `5 70 L/7-Ri 76 3,5-1 - 1a55// �z `j7 (_6aa pe/ e_ /c mac ,' -lcG77 <L'?z..L% �e�< � �i -e- r /7 Sjctac LI31 1-15Q- z23- gi(ei 0 t,c i,j, 2 4 'g' -tuci 5' .gebti II 3 sr/ r Z S707 ass/ z, . i Scc47 Cite1 Sc/jcoo/ 12'S7(t'ci ee 2 D vs-Y-38re _ ��Id/ coca -�� ,�,y- 345 A 59 - -660 '1( 0O45 a/ e ie 5 Zcil („4 v,c ,� 356 - X832 510734 PETITION IN SUPPORT OF e.StriT1/ EXEMPTION o The undersigned residents in the vicinity of 34251 Weld County Road 31, Greeley, Colorado, have no objection to the subdivision of the 61. 041 acres owned by Joseph A. and Elaine D. Hoff in the South 1/2 of Section 9 , Township 6 North, Range 66 West into 2 parcels of 46 . 672 acres (more or less) and 14 . 369 (more or less ) acres each. Name Address Phone c ate- 4aa5, ticR Z ` T 676. aa�� G di EL414-ek 3416,251 ak,e_ �g y5:// �3 510734 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) Order No. 8506142 COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: A tract of land located in tha Southeast Quarter of Section 9, Township 6 North, Range 66 West of the 6th P.N., Weld County, Colorado being sore particularly described as follows: Co®enring at the Northeast Corner of said Section 9 and considering the East line of said Section 9 to bear South 00'03'05" West, with all other bearings contained herein being relative thereto; Thence South 00'03'05" West, 3912.57 feat to the True Point of Beginning; Thence South 00'03'05" West, 1112.83 feet to the Nort:.east Corner of a parcel of land described in Book 1421, Page 376, Reception No. 1207381, Weld County Records; Thence along the North and West side of said Parcel as follows: South 89'35'16" West, 352.00 feet; South 00'03'05" West, 249.00 feet to the Southwest Corner thereof; Thence South 89'35'16" West, 1312.45 feet along the South line of said Section 9 to a point on the Westerly sid• of an irrigation ditch: Thence along said Westerly aide by the following three courses: North 25'12'00" West, 848.39 feat; North 36•10'00" West, 645.90 feet; North 17'39'00" West, 70.57 feet; Thence North 89'35'16" nit, 2429.49 feet to the True Point of Beginning. CONVEYANCES (if none appear, so state) : Reception No. 1923405 ✓ , Book 0993 Reception No. 1923406 ✓ , Book 0993 Reception No. 1915421 / , Book 1003 (re-recording #1923405 ) Reception No. 1915425 , Book 1003 Reception No. 1935426 / . Book 1003 Reception No. 1940507, , Book 1007 Reception No. 1995383 e , Book 1055 Reception No. 2021114 / , Book 1080 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of TRANSAMERTCA TiTLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 18th day of June , A.D. , 1991 , at 7 : 00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY BY inin/271_, l , ALASD lYi AUTHORIZED SIGNAMRE a • .. � m w 8 0993 REC 01923405 04/13/83 11 :35 $3x.00 1/011 -•1 'AR1923VU5 F 1225 MARY ANN FELIERSTEIN CLERK A RECORDER WELD CO, CO ' - - B 1003 REC 01935423 08/02/83 11 :59 $33.001/011 ____Ii • AR1935423 F 1282 MARY ANN FEIJERSTEIN CLERK 6 RECORDER WELD CO, CO ii i S - 1 THIS DEED,Made this 29th day of December i , Y e 1982 ,between Michael Guttersen, Henrietta L. Gutter- f, ISen, and Michael Furbush, as co-personal representatives Ibf the estate of William L. Vogler, I, 'f of the County of Weld and State of Cola- rado,9f the first part,and Michael Gutter sen a d Int ablest j' <- .Bank of Greeley, as co-personal representatives otf the estate of Grace E. Vogler, deceased, I' whose legal aress is1. 705'14th Street, Greeley, Colorado 80631, , of the County of Weld and State of Colorado,of the second part; �I ... WITVESSETH,That the said parties of the first part,for and in consideration of the sum of ' Ten Dollars and other valuable consideration %Tabard, 'i to the said part ies of the first part,in hand paid by the said part ies of the second part,the ' receipt whereof is hereby confessed and acknowledged,have granted,bargained,sold and con• veyed, and by these presents do grant, bargain, sell, convey and confirm unto the said _ parties of the second part,the it suc QhB assigns forever,all the following described 12 lot or parcel of land,situate,lying and being in the _ County of Weld and State of Colorado,to one: 4 ,Fi.3 ST.. • s[,,1'-. see attached Exhibit A � F and Exhibit B "f ', ' r .r.n :',1? also known as street and number N/A :..T Together with all And singular the hered'.taments and appurtenances[hereunto belonging,or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, y issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever, , of the said parties of the first part,either in law or equity,of,in and to the above bargained to premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said ;F l•`yy premises above bargained and described,with the appurtenances,unto 44Y.Mici; successors the said part ies of the second part, their n a t C..'" toss and assigns forever. L +3" ? And the said and assi ns ray.' :i>z "" ' ' .. - part ies of the first part,forthemselves ,their successors ItenSalYfd�E8P5 and y. ad ministra-ars,do covenant,grant,bargain and agree to and with the said parties of the a. second part,thelrbiliAcERS assigns,the above bargain_e_d��memises in the quiet and peaceable possession of said parties of the second part,their ka'k TIM signs,against all and every - person or persons lawfully claiming or to claim the whole or any part thereof,by,through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said part ies of the first part have hereunto set their +sf," 1 hantt and seals the day and year first above written. >. ,z� �' Signed,Sealed and Delivered in the presence ofI 1 � �� _—�TrsEALJ SI 1 • 1 1o' � � EALJ 3. + STATE OF COLORADO, di .� �;s- - �-1SEALJ �Th I°. ss I County of Weld �e The foregoinginstrument was acknowledged before me this J/eL: day ofW l@e I.LLCI.,' - li•SU •by Michael Guttersen and Henrietta L. Gutte-sent co-personal representa- tives of the estate of William L. Vogler. sly eommisnwt expires jli ly-oil—3 .19 84 .Witness my hand and official seal >:'..7E 4:'�FG, -- /t/ �G " i 71,4 C.Ica _,o,.,_-- .Y _._ ,'AA", Qat.\ g r °I? _ . • •; No.Iii Rt LL w..Y.e\IT nlan.- e,r..ehu...Y,..,. ...,.,.....�.l,n.,,. ,.,..,,.vn_.e. 1 it .. .. r — --—.....--.. _ . . ... {. .....a .: ..: F...[sap .ca:.w'iverS.�vc'L1�Ydw[3wYi+ati'.4Ystcvl?J'r": a.�.S'<'.=r..>,..ita,3'Yss- w e .:... .. .:.c...r... B 0993 PEC 01923405 04/13/83 11 :35' 433.00 2/011 F 122.6 MARY ANN FFUERSTEIN CLERK A RECORDER WELD CO, CO STATE OF NEVADA, ) 8 ) se. . • County of Wa area > n }- ..,.The foregoing instrument was acknowledged before me this 1,1791 day of ia-tc-61,1,2z2/ 19 1.41/4, by Michael Purbueh, as co-personal representative of the estate of William L. Vogler, f My commission expires �(,�(�- /,? , 195)47I Witness try hand and official seal. y� k / 21-4-C-N f. �. 7�.1A--stir Q..Gc/ / &Aotary public. `- [SEAL[ NANCYJ.VAUGHAN Notary Pubic•State of Ne4epe wntoe county aA'Ac.a:.•EnaK Empire.Slay 11,f iBa / aX/ p L /fc-c'.11 • l�Gz-( C� 14.tt_,/ et/ /LL a i � �-T eY /CI B 1003 REC 01935423 08/02/83 11 :59 $33.00 2/011 F 1283 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO, CO a f t s S t • i } yM y1 r ,R j 4R . i • • '... j L Y t • rte, ()4, (Note : Also covers lands not included in this Certificate ) • H 1003 REC 01935423 08/02/83 11 :59 ►33.00 3/01: t. - F 1284 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO 405• F 0993 MARYOANN3FEUERSTEIN/83 CLERK 183RECORDEk WELD CD/OCO EXHIBIT A : , An undivided one-half interest in and to the following described real property: . : Paton Farm No. 11 All that part of Section Nine (9) , Township Six (6) , North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado, described as follows: Beginning at the Southeast corner of said Section, d'` thence in a Westerly direction along the South line of said Section 1500 feet, thence North 26°35' West 864 - feet, thence north 35°30' West 472 feet, thence North 27°35' West 205 feet, thence North 6°41' West 227 feet, thence North 45°00' West 425 feet, thence North 11°00' West 795 feet, thence South 89°40' East 278 feet, thence North 81°45' East 105 feet, thence North `' 8°55' West 1544 feet, thence North 3°50' West 120 feet to corner pest Northeast of Sheep Ranch House, thence South 84°50' West 169.6 feet, thence North 13°07' West ;_;: 132.5 feet, thence North 31°14' East 110.7 feet, thence North 20°13' East 428.0 feat, thence North 40°16' East 198.8 feet, thence North 49°07' East 41.5 feet to North Section line of said Sections thence in an Easterly direction along the North line of said Section 2500 feet to the Northeast corner of said Section, thence in a Southerly direction along the East line of said Section 5275 feet more or less to "� - point of beginning. Except a ' as follows: Beginning at the Southeast corner r of e said Section running thence North on the East line of said t - Section 226.4 feet, thence South 89°34' West 378.9 k feet, thence South 26°40' East 82.8 feet, thence South 4°25' East 144.1 feet to the South line of said .- Section, thence East on the South line of said Section k to the point of beginning, as conveyed to School District No. 108 in the County of Weld and State of Colorado by virtue of Quit Claim Deed recorded in Book 622 at Page 196 of the Weld County records. Except a k° v,j t* parcel of land located in the Southeast corner of .1 • Section 9, described as follows: Beginning at the x Southeast corner of said Section 9, thence North along the Cast line of said Section, 249 feet, thence West parallel to the South line of said Section, 352 feet, thence South parallel to the East line of said Section, 249 feet to the South line of said Section, thence East along said South line of said Section 9 to the place of beginning. ° Together with all right, title and interest of the Y M1 }e. ,. grantor in and to all water, water rights, ditches and [ -r ditch rights, reservoir and reservoir rights, seepage, '' - irrigation and well rights appurtenant to the above described land. Together with all right, title and interest of the grantor in and to all severed and reserved minerals r. lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all such severed and reserved minerals. T r . r P' _ [S , ~ .mss . __ e -....... Z �.Y J v � v;,i�a• s.,s�..:...i.wn+xiO Fsk,jwe .�'�S.a$�iar'.._. '" Sian S%:_�'.u�Y1�..a:s.'A7Cu 4 , s , B 1003 REC 01935423 08/02/133 17 :59 $33.00 11/011 �_ y r F 1292 MARY ANN FFUERSTEIN CLERK d RECORDER WELD CO, CO . B 0993 REC 01923405 04/13/B3 11 X35 $33.00 71/011 ` F 1235 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT B C An undivided one-half interest in and to Lot 8, Block 6, -` Second Addition to Wilshire, a subdivision o_ a part of • the NE4NW1 of Section 12, Township 5 North, Range 66 West of the 6th P.M., according to the recorded map or plat thereof, also known as 1035 30th Avenue, Greeley, Colorado.• _rti • v. :..' y tx e, � t 4P ±Ytt VP' � 4 f4 -44 • It' ` �^ X Y 1 4. y4 '-`..<1%;$ $-Y 6 � x „a tw Nd [> P- f- t ' 4 tot.- 4°. t • 5 i e^. 41 tali _ '..1� . y, - , ,.Y , - i�1 ''..7-,:� • �.�. d•,1cE�tiit 4t2r',••4� : Mtr4. 'cje y 3 N3c 3 � ��' - f : - ,/1 t X-.. I M av _ "a Reeer B 0993 REC 01923406 04/13/83 11 :35 !33.00 1/Ott If AR 1923MOif menu F 1236 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO i s ". hfi {$ N L F 2 :CIx y t<• RECORDEIrS STAMP j Y' THIS DEED,Made this 29 th day of December y c . 19 82 ,between Michael Guttersen, Henrietta L. Gutter- y, � '',e.,>.9-;-: son, and Michael Furbush, as co-personal representatives + yr` ry a.• } of the estate of William L. Vogler, �°�p�„ , .r3,:,-.6'P,F i of the County of Weld and State of Colo- �' ;�' redo,of the first part,and Michael Guttersen and Intratlest "� ' .r I Bank of Greeley, as trustees u/ir of William L. Vogler, y r x I whose legal address is 705 14th Street, Greele Colorado ° rtt ' .4.4 80631 y, t 3 f y.,d i of the IA •• : _:; . �4., ' County of Weld and State of Colorado,of the second ; n x ,. part: II ,e :44[1 ~1 � -i.$'ii " WITNESSETH,That the said part Ses of the first part,for and in consideration of the sum J ``f ' m }�N'l of t"F z,�si itt .I Ten Dollars and other valuable consideration, 1 ii 'l _ ,Iy,{ . , to the said parties of the first part,in hand paid by the said part les of the s•cond part,the e svr`iin -- receipt whereof is hereby confessed and acknowledged,hose granted, ',,,."-,t,..,,,,-„,,,‘ • • ' ve ed,and b these resents do t bargame..,sold and con- I ' ,i Y by D graQn�a�Qb�fargain, sell,convey and confirm unto the said •t ..µ.,a parties of the second part,their suc a ONTaid assigns forever,all the following described I I ' ' ' s' , lots or parcels of land,situate,lying and being in the County of Weld a. ',..,-.-E g 1 �#fi ,' 'i and State of Colorado,to wit: ' 'n Rti4 r.,. see attached Exhibit A C.- , f and Exhibit B '' �.') s...I' s'r,� . -f.. .fed i t . • 3 J..�44rt; Lv ..: ''‘'‘..c." "! jajr:�� _ also known as street and number N/A 'Y;, rt " ,lf - Together with&land singular the hereditaments and appurtenances thereunto belonging,or in ''- r i. anywise appertaining, and the reversion and reversions, remainder and remainders, renta, 'c w; _ tit issues and profits thereof:and all the estate,right,title,interest,claim and demand whatsoever, ; e * �•;. of the acid Dart ies of the first part,either in law or equity,of,in and to the above bargained t *' s"s 3, premises, with the hereditamenis and appurtenances; TO HAVE AND TO BOLD the said ! �r ;x41. . pre.nises above bargained and described,with the appurtenances,unto $,4« f •. - successors the said part ies of the second part, their 77." &s .,p ,te...1?:. life�and assigns k .i+¢ :ef.. -..forever. K. ,.;t('� ' �' '<. And the said and assignsrri �•"° *:` parties of the first part,forthessel yes , their successors tA' ;43,,igit Ne ,do covenant,grant,bargain and agree to and with the said part ies of the f ,Y� 1� ,s * second part, thefrlie iifili IRRsigns,the above bargained remises in the quiet and peaceable •Po 4,... x �,-, y;,. possession of said parties of thepecond part,their an Y`4 ssoasigns,against all and every t° + x person or persons lawfully clailging or to claim the whole or any part thereof,by,through or y . T} i 1 •T.b - under the said part iea of thefirst part to WARRANT AND FOREVER DEFEND. r 1L'F"4 ,14.`: IN WITNESS WHE REOF,The said parties of the first part hose hereunto set their 'v '4 .114e-P4, r hands and seals .the day and year first above written. l it Signed,Sealed and Delivered in the presence o y — EALJ ,� 'A4. R MT Y e e - i SEAL] >a `'im1 4iY _ STATE OF COLORADO, L.-1 SEAL] , , u r . ° ,,If�'• County of Weld `' } ,,.. r i1- - The foregoing instrument Nu acknowledged before me this dJr(' der of1 usiL{.cI-/1 1`a; * ( ;� ly-- > la 19 f•}' by Michael Guttersen and Henrietta L. Guttersen,as co-personal representa- .Y.."...: e::,* tt 4.C -4 Ives of the estate of William L. Vogler. I. �'A,�:,.vv my commission expires 71lLr-.i .! •1sti .Witness my hand and official seal. t� *"� �t-,. r'�` ...•pl�3E ir,s CLn..,. - .r.-C,,,, . It?. �§ A ;.........;Fey, >M1Nrt. . r . reki , 17r '�•1soTARY� `71.4. s' l -•t- ' kid y , iiittAUBL1G c-< •" � E' t ,1:� � a ,--1' •••44, (Car eRC4L alaaAaTY stall • &warsr,Na�W N M 1u f e., .La•••••CU NMI III ale-I.e '+.,f•y. Al. I ? x.;:tm"�^` 4b a5-s4m t. ' ^. ic.. ,� i.A. 4.1.#4;F�- �r a • '4. 5. '" jv:: n '.cr ,x r '.J+,s'a- F- `i.,is.��f`.l'zk ndV'Y.i 1 ; 7>d - .. 8 0993 REC 01923406 04/13/83 41 :35 433.00 2/011 rf�.}. F 1237 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO, CO ''• 4; t' STATE OF NEVADA, ) 1x_-t.1 1: ''4-."--.11., s• ) se. $4 f h Y } X. County of Washoe ) y"' 3�„r r k .� e 's The foregoing instrument was acknowledged before me this �A day of t-cU2� k ' y 19 13 , by Michael Furbush, as co-personal representative of the estate of/ ' .irrft`• rt-at444-.9+ William L. Vogler, Y �?+ x ` My commission expires / '1-11? /L , 19 IV , Witness my hand and ;1 -. _ official seal. a t y ^?. t Cr. . t-_ y� - /� �•otary Public. ' �� 1 } K y .. [SEAL] ,......., NANCY J.vAucHwM ..�-.y k-� it a •�' Notary Puo&-Slate of Novae. �=Y. ' $ •4-: WaNga Cavnry a ` yMY Appayfar Mfr if; -n NrMYq/2/W1 x ._ eliik '‘ �i ' .4.4-: 3 J E y t t .�it R T � : ` ti �T. R�. .- ¢ • �f~ ',°s 'F. '« ,f',,f�jtt - 4 ro 3 . F t Tffim' S1 ..cc.. ryx e v at,: F ' + - ?OA' C 1 r?y111`.."14. �' Yir. n jr � 4 4 f i, .r A,4 a _ �+'3'' S ,'` aY 0,4 ` ,`. y�x >ff� - 4 s J R Yr,r �V y b y''s,. ,rK• Ak R ;,* 411124544',4` 4 : k 1 n . ". 4 44 �- . q A "'*Y �� : ff.. ' . n` zr - s z; �r ��1 `i 4 , (Note :Also covers other land not included in this Certificate ) - -- ---- -. - -- - -- — y 4 :3., - I`4. a -,07w, , r e P 0993 kEC 01923406 04/13/83 11 :35 $33.00 3/011 s F 1238 MARY ANN FEUEfi STEIN CLERK d RECORDER WELD CO, CO .4.414:W. '%S,,yg EXHIBIT A ; , . An undivided one-half interest in and to the following - described real property: 1 `,� r, Faton Farm No. 11 � ., �. r. All that pact of Section Nine f9) , Township Si: (6) ' xdr r �'Ai L`•' North, Range Sixty-six (66) West of the 6th P.M., Weld ' '!, �;, -i County, Colorado, described as follows: .,' "fi:Ar ,. a ti Beginning at the Southeast corner of said Section, �` thence in a Westerly direction along the South line of said Section 1500 feet, thence North 26°35' West 864 c, ` T feet, thence North 35°30' West 472 feet, thence North ,'3,.. �' ; . 27°35' West 205 feet, thence North 6°41' West 227 feet, thence North 45°00' West 425 feet, thence North " i • 11°00' West 795 feet, thence South 89°40' Past 278 '¢=; ,ysh feet, thence North 81°45' East 105 feet, thence North r ` aF�s r 8°55' West 1544 feet, thence North 3°50' West 120 feet .� 2 ti' s • to corner post Northeast of Sheep Ranch House, thence x - South 84°50' West 169.6 feet, thence North 13°07' west 4, 1tO-1-_,„ '�,. . 132.5 feet, thence North 31°14' East 110.7 feet, y -a31„c - , thence North 20°13' East 428.0 feet, thence North - 40°16' East 198.8 feet, thence North 49°07' East 41.5• ." feet to North Section line of said Section; thence in ' _ k an Easterly direction along the North line of said o Section 2500 feet to the Northeast corner of said 14? .:��,x ,,...— Section, thence in a Southerly direction along the 1; <^ ...��•t ,� East line of said Section 5275 feet more or less to ` F ' c`cr TR point of beginning. Except a parcel described as �� follows: Beginning at the Southeast corner of said ,y� ZA �$F Section running thence North on the East line of said x --:,:e4 F>f Section 226.4 feet, thence South 89°34' West 378.9 feet, thence South 26°40' East 82.8 feet, thence South a�-1`` •'s ' 4°25' East 144.1 feet to the South line of said ,f„ E; a' - w.- Section, thence East on the South line of said Section ... � `'v b 4 to the point of beginning, + _ � as conveyed to School ,,,,. c b District No. 108 in the County of Weld and State of '` * t Colorado by virtue of Quit Claim Deed recorded in Book s4f..fra �,'• �� ,,"�A •* 622 at Page 196 of the Weld County records. Except a •r "` - parcel of land located in the Southeast corner of , .. "'"C„,,,..-'#.4-2,1„..10,..,' `- < ' • �� - Section 9, described as follows: Beginning at the ._t „. *COx .. 1. Southeast corner of said Section 9, thence North aloe �' 1 the East line of said Section, 249 feet, thence west # , parallel to the South line of said Section, 352 feet, „r, #� . thence South parallel to the East line of said 1�� 4 '�� , i. Section, 249 feet to the South line of said Section, `."fi. w 4TH " thence East along said South line of said Section 9 to � t} ., ,, the place of beginning. , ,. ., r� Are..1�" - 4 1F Together with all right, title and interest of the "er � .��y I grantor in and to all water, water rights, ditches and ditch rights, reservoir and reservoir rights, seepage, , 37 irrigation and well rights appurtenant to the above 11 .a;, + R�' .y r�. described land. - 'm .�., r .r • it x a 42-4. r s �„M4F-,k : ! 4figlitTogether with all right, title and interest of the kat fji' +- ,� i . grantor in and to all seve:ed and reserved minerals „6e 4-f lr)r it lying in, on, or under such lands. whether lensed or �"'`r � ;, s . .4h ` unleased, and all executive rights relating uo all ,`�w'`��4`Y ' - 4 such severed and reserved minerals. .+ r ' 3{ yw y2 'F Z.e r Y '4'f� '� L: '14'1 v-4 x , rp # a Y-, ',r S' �n�44J,fe r. J ' V _ - +SAY{{ YfrK t }e .� F f�ii i' . � , 3. $b � . } '4�4 ii Cr..�:. a F ,,. .. ... ., .... ..- : . • , .r, >.. }i s B 0993 REC 01923406 04/13/83 11 :35 $33.00 11/011 'ry ,1 F 1246 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO yp* � �r ; EXHIBIT B ro�M.. =,� °,-. S.,, q� i^� ... . _f� ,^An undivided one-half interest in and to Lot 8, Block 6, x,,W Second Addition to Wilshire, a subdivision of a part ofr ' the NEkNWk of Section 12, Township 5 North, Range 66 West I3, -« of the 6th P.M., according to the recorded map or plati$+T ' ° x thereof, also known as 1035 30th Avenue, Greeley, Colorado. 1K' 4 �e ` 4 ja x 44, 1r .t gg, h 4T r 9 A. 0, ,t ;4:4.ti +,`. •IL.:. ,,;•t 55 till : n i,. t. ;, rN A r 49; k�Y ty E , kI, ,q4 �'*+ , .1".%.7C,,:'t a s ` t.,i . '.. 9 a - 6Ff SC.I > 1 ;+,i71::%?. I .y�A `..�� Y-.t .11,141C : A S' ,y "xWi , '"' �5.a"- k,^i 4-3 4 ..?r p a-0-„..1.4,..t,, - t,« '.- fit .a � i s e I, 1-,., e At --7:-.P . P'4.4t ' '�3"�u" 3 3 '` t r ... ICI r ,, ':.:-.'2.44.:4.-"::.,I:4 1. _. 3.{;a � b . ` • 4rtE `., .0 y der, C-.'44:-C4ta,ri AL:h F L... �cK � x•f ,_ i ..� t1 .-4,..,fy a NT _ t ii Gi, `x k'. ✓ 3.9 °r' . . .. -. ._ - .._.-_.Gw.xw•,;. +Eiu,saar''Ruii:r '--`°- - -`: .,..:s s;v..a.:..,,;,�,_a _ -- ' AK1935425 9 1003 REC 01935425 08/02/83 12:00 121.00 1/009 . F 1295 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO, CO —_ , {,h • RECORDER'S STAMP ,I THIS DEED,Made this&ty day of v CD9c ' 19 83 ,between Michael Cuttersen and IntraWese bank of r Greeley. as trustees U/W of William L. Vogler ' ti of the County of Weld and State of Colo- t. . I redo,of the first part,and Gut tersen 6 Company t I whose legal address is 705 Fourteenth Street, Greeley, 1, CI IColorado 80631 !i ` I of the ', A County of Weld and State of Colorado,of the second li part; II • i W'ITNESSETH,That the said part ies of the first part,for and in consideration of the sun .i ' • of TO DOLLARS AND OTHER VALUABLE CONSIDERATION-------------- it _____--9di..rs, to the said parties of the first part,in hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged, ha vegranted,bargained,sold and con • - veyed, and by these presents do re,n.,tdd�,,b��argain, sell,convey and confirm unto the said ' - party of the second part, its s e:ttti#3nd assigns forever,all the following described I - - lot or parcel of land,situate,lying and being in the County of Weld '➢ ,, and State of Colorado,to wit: F • See attached Exhibit A fg I. .. • Cy l ., also known as street and number N/A i. �"' 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 thereof;and al!the estate,right,title,interest,claim and demand whatsoever, , ' of the said parties of the first part,either in law or equity,of,in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE ARID TO HOLD the said +• 1�, S s''3+' premises above bargained and described,with the appurtenances,unto 1 S zTv { +' successors the said party of the second part, its b c �`. � t ydthAe and assigns forever. And the said and as na r/st qty rJ. parties of the first part,forthemselves , their successor - g F h "'e i,` . RII0m�CB Illa.10 C covenant,grant,bargain and agree to and with the said party of the 4,t .1"-,,second part,its r na assigns,the above bargainedaremises in the quiet and peaceable e,--k-0..-i. ,,' e possession of said party of the second part, ltss�micUrdsassigns,against all and every ?` a '- • person or persons lawfully claiming or to claim the whole or any part thereof, by,through or y ₹' under the said parties of the first part to WARRANT AND FOREVER DEFEND. ' IN WITNESS WHEREOF,The said parties of the first part have hereunto set their ` �r ;'� Minch and seat the day and year first above written. }-.-4.,-t.-3..p"- - , _ i,4 tf' :•,';•: Signed,Sealed and Delivered in the presence of L' �� £�(E/ ALI t 4 chael Cluttersen r B /Lntra�est Bank of (SEAL) s X r z// a a 61{1, Y —'--�_ [SEAL} Y se^ 1 STATE OF COLORADO, I -T us fficer R• J}ss County of Denver yh 1 r`-�1 - _ . . The foregoingInstrument wasacknowledged before me this % day oh-LQ xy+ r y y 1a 83 •,by Michael Gut tersen and Conrad Greirar Trust Offeror �, of i'r LncraWeat Bank of Grealsy, as trustees under the will of William L. Vogler. '!, °'''4it:.z ' Yyrnmmieaeon:xptree 15 ,tp 1 .Wits-a my hand and•fficia ft 2's. 5• iv '•,• • • J. qA[t� •.. .. O 3A PAST OF ptMVEa 'A\..r sue,e. t t Qi V LFNVHL gAFNTA UAW n.e......11 +> a . Y. - WNLC ;: z � � y ? . i e : e I • U J r Ulf MOM.MA aargAR ekAR,...4M.awc e.a...a a we aw. ♦....fa. ..w ne.e.co,e.1e_,an, —sae • # w - ,-'•y Vii-,gy1r `.t .41.- ..,r IS. •....-.._.. A 4....,,;. of (Note : (Also includes land not covered by this Certificate ) • ... —r .o.�.:.,.....�.cazsrs„�,.aaev�-�..a..,c,A,_xsaB...o..,,..,.,..av,..X.d-:,..e.,. .. D 1003 REC 01935425 08/02/83 12:00 s27.00 2/009 - F 1296 MARY ANN FEUERSTEIN CLERK 3 RECORDER WELD CO, CO EXHIBIT A 4 , An undivided one-half interest in and to the following described real property: Faton Parts No. 11 _ All that part of Section Nine (9) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado, described as follows: le Beginning at the Southeast corner of said Section, thence in a Westerly direction along the South line of a said Section 1500 feet, thence North 26°35' West 864 i €' feet, thence North 35°30' 'feat 472 feet, thence North - 27°35' West 205 feet, thence North 6°41' West 227 feet, thence North 45°00' West 425 feet, thence North 11°00' West 795 feet, thence South 89°40' East 278 feet, thence North 81°43' East 105 feet, thence North B°55' West 1544 feet, thence North 3°50' West 120 feet to corner post Northeast of Sheep Ranch House, thence y . . ;. South 84°50' lest 169.6 feet, thence North 13°07' West 132.5 feet, thence North 31°14' East 110.7 feet, >-, thence North 20°13' East 428.0 feet, thence North Y, 40°16' East 198.8 feet, thence North 49°07' East 41.5 feet to North Section line of said Section; thence in - an Easterly direction along the North line of said Section 2500 feet to the Northeast corner of said Section, thence in a Southerly direction along the East line of said Section 5275 feet more or less to z< a. point of beginning. Except a parcel described as follows: Beginning at the Southeast corner of said �'� �_�,•� .j ' 4, Section running thence North on the East line of said r Section 226.4 feet, thence South 89°34' West 378.9 • - feet, thence South 25°40' East 82.8 feet, thence South • ' 1 4°25' East 144.1 feet to the South line of said re Section, thence East on the South line of said Section ,.,$,• to the point of beginning, as conveyed to School .'' ' • ;y::, District No. 108 in the County of Weld and State of 2-'44...t,-,'-,s :. frh y Colorado by virtue of Quit Claim Deed recorded in Book } °'i . el 622 at Page 196 of the Feld County records. Except a + µ 3'" ' A parcel of land located in the Southeast corner of y Syr, - SE Section 9, described as follows: Beginning at the 3r ,r,- b1 , Southeast corner of said Section 9, thence North along ) 4.' m n: .�E'::� the East line of said Section, 249 feet, thence West 7 , . re r '�, parallel to the South line of said Section, 352 feet, '#ek•, thence South parallel to the East line of said �.— Section, 249 feet to the South line of said Section, s r thence East along said South line of said Section 9 to ,. .� , the place of beginning. Lt � 1 a rf` ,° t Together with all right, title and interest of the { y � '1 grantor in and to all water, water rights, ditches and } -, , 4^ : ditch rights, reservoir and reservoir rights, seepage, PW-0 , t irrigation and well rights appurtenant to the above described land. ,, {�, ' y'' ' i , c iz I: ' Together with all right, title and interest of the Ali=,` grantor in and to all severed and reserved minerals ' Is lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all "t ' " such severed and reserved minerals. Pi °4Pfrx •,3 ° �� r N cf.' , 2-;', . la '✓` xr� y X �_ $• � J. , #ice,r 3 REC F 130 01935425 3 MARYANNFEUERSTEI / 2 O N CLERK A RECDRDER6IELD CD/DCD Fato❑ Farm No. 79 All of Section 5, Township 6 North, Range 66 West of the 6 P.M., Weld County, Colorado, together with the "Wood Reservoir" located upon a portion of said - Section 5; except right-of-way as granted by contract recorded in Book 1032, Page 38, Weld County records, and except easement as granted by instrument recorded 1 in Book 1259, Page 48, Weld County records, and except reservations as contained in Patents recorded in Book 36, Page 393 and in Book 153, Page 40, and in - Deed recorded in Book 112, Page 569, Weld County - records. ; Together with all right, title and interest of grantor in and to any lands and any portion of Wood Reservoir lying South of the Southerly boundary line of the County Road right of way in the S1/2 of the S1/2 of Section 32, Township 7 North, Range 66 West; Together with The Eaton Investment Company head gate and ditch extending Era, the Larimer and Weld same to - Wood Reservoir, as the same is now located, the ditch . being partially described in deeds of record in the County of Weld, State of Colorado, as follows: . ' Book 373, at Page 351 and Book 414, at Page 57; Together wtih that certain reservoir known and . described as Angel Lake, situate upon a portion of the . SE1/4 of Section 31, Township 7 North, Range 66 West of the 6 P.H.; Together with Wood Reservoir Priority No. 30 as of the C ,__;,. date of December 22, 1892; Wood Reservoir Priority n , No. 54 as o£ the date of October 15, 1903; Wood Reservoir Refill Priority No. 136H as of the date of December 31, 1916; said priorities heretofore decreed in CivilAction No. 1591, in the District Court in and -' lk 37 %.G * for Larimer County, Colorado, and Civil Action l` ,et a � 'K.3� No 11217, in the District Court in and for Larimec "' �'�' 5 'brf1`Xli County, Colorado; Angel Lake Reservoir Priority t' ,., r' d } No. 136B1 and Refill Priority No. 136D entered in " s . Civil Action No. 11217, in the District Court in and for Larimer County, Colorado; Together with all water, 3n` “*.,44.414-4.4% 4� % �15`?5r water rights, ditches and ditch rights, reservoir and ids ° .y r reservoir rights, seepage, irrigation and well rights a'# -.44 -, -, i : appurtenant to the above described lands, lake and °' ''� - 7 "'�4; reservoir, including without limiting the generality :: ' of the foregoing, grantor's interest in seepage water p;rwl-c. It . -6 + +, and ditch rights from the Daisy seepage ditch, and the . �`1--;1 -44 s" ; . ,. d exclusive right to all hunting, fishing, boating and t: ' all recreational privileges on said Wood Reservoir and r =°s Angel Lake, with full enjoyment thereof; m' A, k� 4 +.," _4,.� it Together with all right, title, and interest of -14t°t� •` a:,-it h ',s, grantor in and to all severed and reserved minerals � i ;I, r' tom, lying in, on, or under such lands, whether leased or unleased, and all executive rights relating to all , ; ,c ,T ` ' , such severed and reserved minerals. J "' ' n tt:tr; 4f� r a Cm ... y "� fS 'Writ 410'110 p Sy,. �„� yy��'' (j .e.‘)444' A . %`✓. fr• titS ey Y• _ } Y sR,; �.� �. :f • , : 9` '14' 11.0;1 s Y. Y 4t s. � kr till It:1 ' 3- yti: .. _..a...-��.�.-_.�-�.-.-... �.. •.rL.4�tr'bivnE�iumi[lal..�4"iW®t-F�.YILS}va+zYl`t x.n,ue<av[ AR1-.I, . D 1003 REC 01935426 08/02/83 12:01 427.00 1/009 - F 1304 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO, CO l Yn RECORDER'S 9TANP I. � [l THIS DEED,Made this O. a day of j' it 1983 ,betweenliichael Guttersen and IntraWest nk of u Greeley, as co-personal representatives of the Estate � of Grace E. Vogler, deceased, , of the County of Weld and State of Colo- 1 rado,of the first part,and Gutt ersen 6 Company Ii } whose legal address is 705 Fourteenth Street, Greeley, I i Colorado 80631 of the I County of Weld and State of Colorado,of the second I C part; II WITNESSETA,That the said part ies of the first pert,for and in consideration of the sum ',i of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION — (, Dellare, IF:-. .. to the said parties of the first part,in hand paid by the said party of the second part,the 6 receipt whereof is hereby confessed and acknowledged,havegranted,bargained,sold and con- . veyed, and by these presents do suArear3tblyirgain, sell, convey and confirm unto the said d party of the second part,its lima and assigns forever,all the following described lot or parcel of land,situate,) n and being C - p lying gin the County of Weld i . . and State of Colorado,to wit: t tt See attached Exhibit A n t. " kr <" ,' y, :.. Y. also known as street and number N/A Together with all and singular the hereditaments and appurtenances thereunto belonging,or in k- anywise appertaining, and the reversion and reversions, remainder and remainders, rents, I,"' issues and profits thereof;and all the estate,right,title,interest,claim and demand whatsoever. 8'.. of the said parties of the first part,either in law or equity,of,in and to the above bargained . R 'rt$ premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said B ' '- ; .f 4'1 f premises above bargained and described,with the appurtenances,unto .:-:',/ - $ SUCCeSapra the said party of the second part, its v , -,-• - la*and assigns forever. v ;i And the said successors and -''.*')Nair ''__a''"s'"''a',,i��fm��s�'��'""p''arties of the first part,forthemselves , their •n it 'i if.. ?'S' 3-. aeams�aeEK do sqvp�yant,grant,bargain and agree to and with the said party of the , ' ,t� " t*.'_� :; second part, ita a'nd assigns,the above bargained ne s lea+in the quiet and peaceable .15,".,: '_cam +t r,; possession of said party of the second part, its hessian assigns,against all and every : - e person or persons lawfully claiming or to claim the whole or any part thereof,by,through or • '�+" under the said parties of the first part to WARRANT AND FOREVER DEFEND. s y• IN WITNESS WHEREOF,The said parties of the first part have hereunto set their ,A X^ S ,p4 .,N. hands and seals the day and year first above written. � � y /,[ /"..>,L Signed,Sealed and Delivered in the presence of 7 4a • ✓"'^-i-- tgEALj t" - kcnae u tersen s s#r,,' IntraW t Bank of Greeley ¢ `1 .y T 1 I r. STATE OF COLORADO, ,y SEAL ^i f SS. LG� ;4 - Countyof Denver \ _ t _ •~ 1 O i•wt A The foregoinginstrument was acknowledged before me this p>t4 day ofa x, t o"x I .1r iD 83 .by Michael Guttersen and Conrad Grnt,- • Tenet Of , ll ,, « ;"" pf Intg[aW at11Btatnk of Greeley, co-personal representatives of the Estate of +� {�• .r r1j•rLemossalitp,Ma r_a., ps ,Mb" witness my hand and fficci-al said. K Y . Sr ; y• ,�, 1 11V ,t l4: t'�' 437.'. •••0• ... .,......., `• \aatyNWK. p-c fq.r rt yr ¢ K• no Ns,of DENVER �' ^L.'i . 1 f; Qy c ', OfirdA Malmo 4202 NrEsrREErA t. 3,�� ' pfl' ky; '` a. I $ '{, t` z ,.0 :i r �'s I NaU erKleblAas�pup`a MJw1 r,r,Yy,Y.fY aA Ap_IaN.�.rUtgN—WiDl Attr—Ni 1' #i r , (Note: Also includes land not covered by this Certificate ) Y D 1003 RFC 01935426 08/02/03 12:01 $27.00 2/009 t F 1305 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO k - EXHIBIT A !. An undivided one-half interest in and to the following described real property: Raton Farm No. it All that part of Section Nine (9) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado, described as follows: S Beginning at the Southeast corner of said Section, t thence in a Westerly direction along the South line of [ said Section 1500 feet, thence North 26°35' West 864 v • feet, thence North 35°30' West 472 feet, thence North 27°35' West 205 feet, thence North 6°41' West 227 feet, thence North 45°00' West 425 feet, thence North 11°00' West 795 feet, thence South 89°40' East 278 feet, thence North 81°4S' East 105 feet, thence North - 8°35' West 1544 feet, thence North 3°50' West 120 feet to corner post Northeast of Sheep Ranch House, thence South 84°50' West 169.6 feet, thence North 13°07' West . 132.5 feet, thence North 31°14' East 110.7 feet, `t. : - thence North 20°13' East 428.0 feet, thence North �.' 40°16' East 198.8 feet, thence North 49°07' East 41.5 feet to North Section line of said Section; thence in an Easterly direction along the North line of said Section 2500 feet to the Northeast corner of said �6 Section, thence in a Southerly direction along the 4.: , ' East line of said Section 5275 feet more or less to "r point of beginning. Except a parcel described as t• ; follows: Beginning at the Southeast corner of said Et:.' "';' - Section running thence North on the East line of said Section 226.4 feet, thence South 89°34' West 378.9 - feet, thence South 26°40' East 82.8 feet, thence South - - 4°25' East 144.1 feet to the South line of said x Section, thence East on the South line of said Section }„ +f .�, �„�• to the point of beginning, as conveyed to School � nt4 „;.'*'fc District No. 108 in the County of Weld and State of �', ga;4it 4 Colorado by virtue of Quit Claim Deed recorded in Book ,,. "' - *C3'�• .. 622 at Page 196 of the Weld County records. Except a >""° ,• r "* parcel of land located in the Southeast corner of '� i = Section 9, described as follows: Beginning at the • .g,-•,i ' Southeast corner of said Section 9, thence North along J" 4 ',LL —' the East line of said Section, 249 feet, thence WestIfiti,. ""�'"s parallel to the South line of said Section, 352 feet, ` thence South parallel to the East line of said i Section, 249 feet to the South line of said Section, D../. ., 4,1-§,,,s. 4 <' • thence East along said South line of said Section 9 to "��a�f` '` the place of beginning. .+ �h .) ;' V ` .,,,y,„„„ , Together with all right, title and interest of the * ‘ grantor in and to all water, water rights, ditches and Q �'• ditch rights, reservoir and reservoir rights, seepage, a. 2 "y3`pt irrigation and well rights appurtenant to the above '*')+, described land. },� # ;' '1'3",f ,cii. f S 4 Together with all right, title and interest of the �li<,hs - grantor in and to all severed and reserved minerals k-t‘ lying in, on, or under such lands, whether leased or r,(•,.3':-ti- { c� unleased, and all executive rights relatit.g to all *,,(- g: t ; ; :,,. . such severed and reserved minerals. -. .7,3 a C47Yv ,�..;- i41 ,',;:i.-•• 3.I 1W44.,,. 1-11. x #g �Y Y 1 ..� `°'jay, dt " d., 1 �F j* x . 4 3 1 s: f _ -- ...,_. .-...xx_:,.:.+*� . ;Yr 'Y+u",3Ya.:.,.,.•,x... i-. wawsr..i;u.:7,S:w.c.M.uld.t': .T.i:d4.r„ .w..+..a • B 1003 REC 01935426 053/02/93 12:01 $27.00 9/009 F 1:312 MARY ANN FEUERS7EIN CLERK & RECORDER WELD CO, CO EaLOD Farm No. 99 i All of Section 5, Township 6 North, Range 66 West of ,1 the 6 P.M., Weld County, Colorado, together with the "Wood Reservoir• located upon a portion of said 1�- Section 5; except right-of-way as granted by contract 5 recorded in Book 1032, Page 38, Weld County records, and except easement as granted by instrument recorded ' ` in Book 1259, Page 48, Weld County records, and except ' • reservations as contained in Patents recorded in Book 36, Page 393 and in Book 153, Page 40, and in Deed recorded in Cook 112, Page 569, Weld County records. i Together with all right, title and interest of granwr in and to any lands and any portion of Wood Reservoir lying South of the Southerly boundary line of the 1 County Road right of way in the S1/2 of the S1/2 of 1 Section 32, Township 7 North, Range 66 West; 5 Together with The Eaton Investment Company ' and ditch extending from the Larimer and Weld same a to Wood Reservoir, as the same is now located, the ditch l' being partially described in deeds of record in the County of Weld, State of Colorado, as follows: Book 373, at Page 351 and Book 414, at Page 57; Together wtib that certain reservoir known and . described as Angel Lake, situate upon a portion of the SE1/4 of Section 31, Township 7 North, Range 66 West - of the 6 P.M.; Together with Wood Reservoir Priority No. 30 as of the date of December 22, 1892; Wood Reservoir Priority No. 54 as of the date of October 15, 1903; Wood Reservoir Refill Priority No. 136H as o£ the date of v,^x . December 31, 1916; said priorities heretofore decreed j3t M1- in Civil Action No. 1591, in the District C.:urt in and jV N' - �. -,,;,� for Larimer County, Colorado, and Civil Action 241C‘ v�. x No 11217, in the District Court in and for Larimer ; . t- �-$1r^ County, Colorado; Angel Lake Reserves[ Priority :• ` No. 13681 and Refill Priority No. 136D entered in 4j' `3` ',y i ,,≥; li Civil Action No. 11217, in the District Court in and i .� �`,,, n for Larimer County, Colorado; Together with all water, x `"^ water rights, ditches and ditch rights reservoir and , -' ' reservoir rights, seepage, irrigation and well rights i}�3""S"" appurtenant to the above described lands, lake and .,M F4 reservoir, including without limiting the ' "'�3-r<: of the foregoing, generality 34; 9 g, grantor's interest in seepage water � - and ditch rights from the Daisy seepage ditch, and the r g fir" exclusive right to all hunting, fishing, boating and '.� zr. _ all recreational privileges on said Wood Reservoir and 4 Angel Lake, with full enjoyment thereof;:t i � 1"s .• 0 ' v. Together with all right, title, and interest of grantor in and to all severed and reserved minerals 1 lying in, on, or under such lands, whether leased or , �6 ' - b3� unleased, and all executive rights relating to all ' �`� r+��+.., - such severed and reserved minerals. r r .1. .. , .ti-790r37'1Ak��1' 4 . .& ;. t4: 5 't�} } - - Olt , j-,5- jr � � O5 ' yh R i -B- 0 aim• ( d r , - • xn av,; f�,t . ¢ Z' 8 )007 REC 01910507 09/15/83 12:15 $30.00 1/010 44 , i 4n, a. 1140561 P 1779 MARY ANN FEOERSTEIN CLERK i RECORDER WELD CO, CO k #'_ -et 't 3•�, QUIT CLI N DEED 4t a MICHAEL COITBRSEN, HENRIE'lfA L. GDITERSEN and MICHAEL } 4�y ,'- FORBUSH, as Co-Personal Representatives of the Estate of , "+ 4 .,. L � WILLIAM L. VOGLER, of the County of Weld and the State of Colorado, of the First Part, for the consideration of other -1 `, !, • good and valuable eoneideration and Ten Dollars in hand paid, , hereby sell and quit claim unto MICHAEL GDTpERSEN and INTRAWEST �4 BARE of Greeley, as Co-Personal Representatives of the Estate of GRACE E. VOGLER, deceased, of the County of Weld and the State of Colorado, the following interest in real property in the County of Weld and State of Colorado, to-wit: " The exclusive right to negotiate for and execute all oil and gas leases on behalf of all record owners of all gas, byerocarbons and other minerals now in, on or under lands more !m particularly described on Exhibit A attached hereto and by refer- ` ence made a part hereof. 1(�� Signed-and dated this 073 day of ,<444-C. , 1983. Li/i7Ls�s[C�✓/ r ~ e ter n v.nar ' Henrietta G� se�A�O� c h � l� Fur ~ STATE Or COLORADO 1 CONSIDERATIOeI LESS THAN $100 COMTE OP WELD ) The foregoin instrument was acknowledged before me this ; of J , 1983, by Michael Guttersen and Henriietta. L. Gut rsen, Personal Representatives of the Estate of William L. Vogler. My Commission Expires: 1Jt4� J, 11'4 Witness my hand and official seal. 1t1E fjyO .,� do asy Public �Yr.. • i.•. l � resss . z/ / . Q1i. G . fair/ ose • ` . P` 1^, ! ; ` ' ,f+, B 10u7 REC 01940507 09/15/83 12:45 $30.00 2/010 . G: /NO r`r`- • l 1780 MARY ANN FEDERSTEIN CLERE t RECORDER WELD CO, CO 's ' - •a � YS r ` x STATE OF NEVADA ) ' ) ss COUNTY or WASHOE ) �- h Kr a m The forego instrument was acknowledged before me this • - / de of -� a i • by Michael Furbush, as r 'r - Co-Personal Repre entat ve of the Estate of William L. Vogler. • #*� My Commission Expires: Witness 'my hand and official seal. ' =AO IIUSIALL 4� 71l/�Oatti •teaPanda rL '\t�r�L,'yw� • „�,�W�� Notary Public , V.y�0 rr rArera=Pee Mint fO Case Address: /elite ` / alit, Ant &9502 s .• F `1 `, s • y:w h{. . .[''✓F. T. 'F. h• 4'.1' * ;_ (Note : Includes lands not covered by this Certificate ) e - B 1007 Wk.: 01940507 09/15/83 12:45 $30.00 3/010 P 1781 MARY ANN PEVERSTEIN CLERK 4 RECORDER WELD CO, CO ,K4*, `t !'t* tl* a. F C _ EE82BIT A ': t x An undivided one-half interest in and to the following 1 �gi described real property: p k Fg F f p,,,tcn Pncn No. 1: � * All that part of Section Nine (9), Township Six (6) North, Range Sixty-six (66) Nest of the 6th P.M., Weld County, Colorado, described as follows: Beginning at the Southeast corner of said Section, thence in a Westerly direction along the South line of said Section 1500 feet, thence North 26°35' West 864 ` t .q Leer, thence North 35.30' West 472 feet, thence North 27.15' West 205 feet, thence North 6°41' West 227 - #•,,""' feet, thence North 45.00' West 425 feet, thence North • ,"�*�` 11°00' West 795 feet, thence South 89.40' East 278 feet, thence North 81°45' East 105 feet, thence North - ` •` • r 8°55' West 1544 feet, thence North 3°50' Nest 120 feet to corner post Northe :st of Sheep Ranch House, thence South 84.50' West 169.E feet, thence North 13°07' West 132.5 feet, thence North 31.14' East 110.7 feet, thence North 20°13' East 428.0 feet, thence North '�t 40.16' East 198.8 feet, thence North 49°07' East 41.5 " feet to North Section line ofsaid Section: thence in an Easterly direction along the North line of said Section 2500 feet to the Northeast corner of said Section, thence in a Southerly direction along the East line of said Section 5275 feet more or less to - ,:eintof beginning." Except a parcel described as follows: Beginning at the Southeast corner of said r• Section running thence North on the East line of said Section 226.4 feet, thence South 89.34' West 378.9 ' :., •x"41 feet, thence South 26°40' East 82.8 feet, thence South k 4°25' East 144.1 feet to the South line of said Section, thence East on the South line of said Section to the point of beginning, as conveyed to School - District no. 108 in the County of Weld and State of Colorado by virtue of Quit Claim Deed recorded in Book 622 at Page 196 of the Weld County records. Except a parcel of land located in the Southeast corner of Section 9, described as follows: Beginning at the Southeast corner of said Section 9, thence North along - .• the East line of said Section, 249 feet, thence West parallel to the South line of said Section, 352 feet, 1ti '3 thence South parallel to the East line of said - Section, 249 feet to the South line of said Section, thence East along said South line of said Section 9 to the place of beginning. Together with all right, title and interest of the grantor in and to all water, water tights, ditches and ditch rights, reservoir and reservoir rights, seepage, irrigation and well rights appurtenant to the above '',-. described land. - Together with all right, title and interest of the grantor in and to all severed and reserved minerals lying in, on, oc under such lands, whether leased or _ unleased, and all executive rights relating to all such severed and reserved minerals. .• ., / . . w - •. ....:..: r-:- ..azaa..z..: - + x 'F K 7 x „ B 1007 REC 01940507 09/15/83 12:45 $30.00 10/010 "'' , { 1_` F 1788 MARY ANN FEDERBTEIN CLERK i RECORDER WELD CO, CO r: `��> ... . Eaton Pats No. 27 ' fl All of Section S, Township 6 North, Range 66 West of ,hi= tat; the 6 P.M., Weld County, Colorado, together with the '€ 'Wood Reservoir' located upon a portion of said > ' - Section 5; except tight-of-way as granted by contract y recorded in Book 1032, Page 38, Weld County records, and except easement as granted by instrument recorded -z in Book 1259, Page 48, Weld County records, and except reservations as contained in Patents recorded in - 6 �_• Book 36, Page 393 and in Book 153, Page 40, and in Deed recorded in Book 112, Page 569, Weld County &u' records. Together with all right, title and interest of grantor ' in and to any lands and any portion of Wood Reservoir lying South of the Southerly boundary line of the ""'+r County Road right of way in the S1/2 of the S1/2 of Section 32, Township 7 North, Range 66 West; • k =�a t _ Together witn The Paton Investment Company head gate and ditch extending from the Latimer and Weld same to ` Wood Reservoir, as the same is now located, the ditch . -s>_ ' ,r being partially described in deeds of record in they,> ; .. , ..,;,•;, County of Weld, State of Colorado, as follows: Book 373, at Page 351 and Book 414, at Page 57; ':. Together wtih that certain reservoir known and ` the SE1/4descr1bed as Angel of Section 31,sTownship North,e, situate un a �Rangertion66fWest of the 6 P.M.; • Together with Wood Reservoir Priority No. 30 as of the t3 _� x:' date of December 22, 1892; Wood Reservoir Priority T4 s, No. 54 as of the date of October 15, 1903; Wood - - �-' Reservoir Refill Priority No. 136H as of the date of December 31, 1916; said priorities heretofore decreed in Civil Action no. 1591, in the District Court in and Fk for Latimer County, Colorado, and Civil Action No 11217, in the District Court in and for Larimet County, Colorado; Angel Lake Reservoir Priority +• . No. 13681 and Refill Priority No. 136D entered in _ - Civil Action No. 11217, in the District Court in and for Latimer County, Colorado; Together with all water, water tights, ditches and ditch rights, reservoir and z ' reservoir rights, seepage, irrigation and well rights appurtenant to the above described lands, lake and + ' reservoir, including without limiting the generality of the foregoing, grantor's interest in seepage water t^= and ditch rights fro: the Daisy seepage ditch, and the - :. - _ exclusive right to all hunting, fishing, boating and 1 7-.14 all recreational privileges on said Wood Reservoir and Angel Lake, with full enjoyment thereof; • Together with all right, title, and interest of grantor in and to all severed and reserved minerals lying in, on, or under such lands, whether leased or unleased, and all executive tights relating to all such severed and reserved minerals. C� r, r' . 1.0 i 4.v F i, .� 1>'.. .:'cr t i 4"Px 3 ..e OF CO' �; Vr ' . Ii r�, • I. 1 t Laahrawa — B 1055 REC 01995383 01/15/85 17:05 $15.00 1/005 AR1995383 — F 1222 MARY ANN FEUERSTEIN_CLERK 6 RECORDER WELD CO, CO • WARRANTY DEED -- Seote pocumeorory F"404;541 � • I Cl , CIITTVLSF.N 6 COMPANY. a Colorado 1 1m rnd Pnrrnrrnhlp f�" .:1 „ I; - whose address is 705 14th Street, Greeley 11 It 'County of Weld .Stain of !! Colorado .for the consideration of _ 1 t other good and valuable consideration and the sum of ll TEN AID 00/100--- dollars.in hand paid.hereby sell(s) e'' . and comayto NOFFSINGER MANUFACTURING CO., INC., a Colorado corporation (s) ' s 'f. whose legal addtu is 500 6th Avenue, Greeley County.of Weld .and Stain of Colorado 11 the following real pmpcny in Me said County of Weld ` .and Stain of „i, • I Colorado,to wit' See description of real property on Exhibit "A" attached hereto and by reference incorporated herein, ti 1 t together with 6.75 shares of the capital stock in the Larimer and Weld Irrigation Py q Company; 8.5 shares of the capital stock in the Windsor Reservoir and Canal ' Company; 65 shares of the capital stock in the Divide Canal and Reservoir Company; i 8 shares of the Lucas Lateral Company, reserving, however, unto Grantor an undivided one-half interest in and to all oil, -a* ! gas and other hydrocarbons owed by Grantor, together with the right of ingress 'rat and egress for exploration, development and production of the same. ; LL, li `r n�' with all its appurtenances,and warrarOd to title to the same.subject to tho exceptions and reservations E.- 1 set forth on Exhibit wr, Attached hereto and by referensa incorporated herein. I; r , k Signed dna 15th day of January .19 85 . OOTTFFSFst x rrw eawv a Colorado Limited Partnership • . M ael Gut"R ten, D nela Vgife'r,,. STATE OF COLORADO. 1 ogctVy ...1..O;• • , faintly of Weld 11 • sa. f 011$O. ;} di The foregoing instrument w wr at ac►n kdged before nw in Me said lks-0 win)s }a .n ::..,,,:,/ t' . of Weld .Staw of Colorado m litata.`{ll OF� t t of January .19 85 .by Michael Guttersen, General Partner of L'UTTERSEN 1.`-..� - " COMPANY, a Colorado Limited Partnership. My commisska meets 12-1-86 Witness my hand and official seal. ...8,644.14.. rri-ea-4J 918 10th Street Greeley, CO. 80631 •u.Dom.woos'Oa?s.a- ... No,Pt a..fa. wSWAT%nary lbws row. Mw NM." w:•w to•. t.,awtt to aau_,ant pt Ws Hr h .�My commission rs 12-1'86 _ I Witness m)hano official seal. I 918 10th Street Greeley, Co. 80631 •11 to Dcnuc lnun-Ca.W' uw- • M.PT.14..Sit. ...,4\\T Dun Is...M. a•WLMJ.+.V V:•...•-. % • 1• lJ G. B 1055 REC 01995383 01/15/85 17:05 515.00 2/005 F 1223 MARY ANN FEVERSTEIN CLERK S RECORDER WELD CO, CO EXHIBIT "A" LEGAL DESCRIPTION - FARM N0. 11 A TRACT OF LAND LOCATED IN SECTION. 9' TWNSHIP 6 NORTH, RANGE 66 WEST THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, OLORADO AND BEING MORE PARTICULARLY - DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9 AND CONSIDERING THE WEST LINE OF SAID SECTION 9 TO BEAR NORTH 00° 00' 00" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH B9° 35' 16' EAST, 3648.21 FEET ALONG THE SOUTH LINE OF SAID SECTION 9 TO A POINT ON THE WESTERLY SIDE OF AN IRRIGATION DITCH AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY SIDE BY THE FOLLOWING FOUR (4) COURSES: NORTH 25° 12' 00' WEST. 848.39 FEET; NORTH 36° 10' 00' WEST, 645.90 FEET; NORTH 17° 39' 00' WEST, 256.90 FEET; NORTH 54° 17' 00' WEST, 242.40 FEET; THENCE NORTH 50° 31' 00' EAST, 61.90 FEET TO A POINT ON THE EASTERLY SIDE OF AN IRRIGATION DITCH; THENCE ALONG SAID EASTERLY SIDE BY THE FOLLOWING FOUR (4) COURSES: - ,. NORTH 12° 48' 00' WEST. 593.50 FEET; NORTH 08o 07' 00' WEST, 1305.60 FEET; - NORTH 31° 13' 00' WEST, 161.30 FEET; NORTH 06° 15' 00' WEST, 233.4 FEET TO A POINT ON THE NORTH EDGE OF AN IRRIGATION DITCH; THENCE SOUTH 89° 33' 00" EAST, 440.30 FEET ALONG SAID NORTH EDGE; THENCE NORTH O6° 03' 00" WEST, 405.00 FEET; THENCE SOUTH 87° 09' 00' WEST, 221.3 FEET TO A POINT ON THE EASTERLY SIDE OF A ROAD; THENCE ALONG SAID EASTERLY SIDE qY THE FOLLOWING FIVE (5) COURSES: NORTH 15° 49' 00' WEST, 82.30 FEET; NORTH 07° 39.'00' EAST, 90.50 FEET; NORTH 29° 16' 00" EAST, 207.80 FEET; . NORTH 20° 17' 00' EAST, 429.30 FEET; ., NORTH 41° 07' 00" EAST, 233.17 FEET TO A POINT ON THE NORTH LINE OF SAID . SECTION 9; • THENCE NORTH 89° 44' 06' EAST, 2504.13 FEET TO THE NORTHEAST CORNER OF SAID SECTION 9; , THENCE SOUTH 00° 03' 05' WEST, 5274.40 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE SOUTH E?° 35' 16' WEST, 1664.45 FEET ALONG THE SOUTH LINE OF SAID SECTION 9 TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 312.777 ACRES, MORE OR LESS . EXCEPT a parcel of land located in the Southeast corner of said section 9, described as follows: Beginning at the Southeast corner of said section 9; thence North along the East line of said section, 249 feet: thence West parallel to thA South line • of said section, 352 feet; thence South parallel to the East 249 fet to ofesaidth line sectiono9 to the e ; theplace of beginning: as conveyed to Donald A. Carpenter and Evelyn W. Carpenter by Deed recorded in Book 1421 at page 376. EXHIBIT "A" .. .. .. nts. r..____.. . - - -" said secttc* 2a9 feet: the++te stalls' to the East of said sec n, 352 feet: thence South p ,y line of saic Section, 249 feet to the South li.. of said section: , ., • thence East nniaSalong conveyedSouth f to Donald A5 said Ca_penter1andto the Evelynplace + e W. Carpenter by Deed recorded in Book 1421 at page 376. EXHIBIT •A" 1 byyh \\ f/\\ 1 / \ B 1055 REC 01995383 01/15/85 17:05 515.00 3/005 F 1224 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO EXHIBIT "B" 1. Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. ___ 2. Right of way for railway as' now located on the premises 400 feet wide,center 200 the track, on side as reserved Companyinihe deed to James Duff, recorded March 26, 1885 in Book 46 at Page 408. • (Affects W4 of Section 9)+ 3. Black Hollow Seepage Ditch, and any and all rights of way therefore as evidenced by instrument filed with the subject ellCounty Clerk and Recorder, insofar as the same may affect (Affects Wk and WW1Rn of Section 9) 4. _La Grange Seepage Ditch, also known as Feeder No. 2 to the Nauman Reservoir, and any and all rights of way therefore, as evidenced by instrument filed with the Weld County Clerk and Recorders Statement Octoberd 9, 1953 e in Book926 1370natook Page81 at Page 498, insofar2asand the same may recorded may affect subject property. (Affects E1/2W1? of Section 9 ) 5. Feeder No. 1 to reservoir of Highland Valley Reservoir and Ditch Comany, ad any , as evidenced by instrumentnfiled wiitthatherWeld Countyy Clerk eand eRecorder, insofar as the same may affect subject property. (Affects EkNWk, NEkSWk, NWkNEk and WhSEk of Section9) 6. Eaton Investment Company Read Gate and Ditch, and any and all rights of way therefore, as evidenced by Decree recorded October 17, 1953 in Book 1371 at page 523, insofar as the same may affect subject property. 7. Easement and right of way for pipelines for the transportation of oil, gas or any other liquids or substances, as granted to Colorado Interstate Gas Company by Eaton Investment Company by Right of Way Agreement recorded July 18, 1955 in Book -1424 at Page 403, which easement and right of way has been limited by Agreement gree ent Furbush a between eehael , Colorado Interstate Gas Company and Guttersen, as joint independent co-executors of the Estate of William L. Vogler, deceased, and Michael Guttersen and The First National Bank of Greeley, Colorado, designated as Co-Personal Re- presentatives.of the Estate of Grace E. Vogler, deceased, recorded August 31, 1981 in Book 946 as Reception No. 1867829, to the fallowing described property: ' TRACT I A strip of land, 70 feet in width throughout, located in Section 9, • - Township 6 North, Range 66 West, the centerline of which is-described s as follows: Beginning at a point on the South property line of Section 9, 6 North, 66 West, which point is 805.5 feet in a Westerly direction ' with and along said South property line from the Southeast corner of said Section 9; thence with and along the centerline of said right of way and easement, 70 feet in width, NO.37'W a distance of 2,689 feet to a point; thence N5.43'W a distance of 1,17feet to the a point; thence N3.08'W a distance of 1,415 feet to a point North property line of said Section 9, which point is 991.5.feet in . a Westerly direction with and along said North property line from the Northeast corner of said Section 9, 6 North, 66 West. . 8. . An undivided 4 of all oil, gas and other minerals now owned by the grantor, as reserved by The Eaton Investment company in the deed to t Imperial Farms, Inc., recorded May 2, 1957 An Book 1476 at Page 651, and any interests therein or rights thuliumder. . • . . `7• 8. An undivide- y of all oil, gas and other miner now owned by the grantor, as reserved by The Eaton Investment Cowpony in the deed to Imperial Farms, Inc., recorded May 2, 1957 in Book 1476 at Page o 558, and any interests therein or rights thereunder. 0 . n . . EXHIBIT "B" (Coned) • B 1055 REC 01995383 01/15/85 17:05 $15.00 4/005 ' • F 1225 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO I 9. An undivided :y of all oil, gas and other minerals and/or mineral i rights now owned by grantor, as reserved by Etchepare i Kemp Land Co., Inc., in the deed tb Lake Farms, Inc., recorded February 25, 1958 in Book 1497 at Page 318, and any interests therein or rights thereunder. . (Affects Easterly portion of Section 9) 10. Oil and gas lease between Michael Guttersen, Michael R. Furbushe and Henrietta L. Guttersen, as co-personal representatives of the estate i of W. L. Vogler; and Michael Guttersen and The First National Bank of Greeley, as co-personal representatives of the estate of Grace L. Vogler and Black Hawk Resources Corporation, dated November 30, 1981, recorded February 5, 1982 in Book 960 is Reception No. 1882203, and any interests therein or rights thereunder. ll. Easement and right of way for a pipeline 'pig' receiver, a block valve assembly and all other necessary and related facilities,• as granted to Industrial Gas Services, Inc. by Michael Guttersen and First'National Bank of Greeley, Co-Personal Representatives of the Estate of Grace E. Vogler, and Michael Guttersen, Henrietta L. Guttersen and Michael R. Furbush, as Co-Personal Representatives of the Estate of William L. Vogler, in the instrument recorded May 27, 1982 in Book 968 as Reception No. 1892919, affecting the following described property:A tract of land in the NEk of the NEk of Section 9, Township 6 , North, Range 66 West, more particularly described as follows: Beginning at a point which is 985.5 feet from the East line of Section 9 and 26.0 feet from the North line of Section 9; thence traversing 50•48'48'E 50.02 feet to a point; thence 589°09'43"W 77.99 feet to the True Point of Beginning; thence N00'50'1394 49.99 feet to a point; thence 589.08'26"W 30.0 feet to a point; thence 500'50'13'E 49.99 feet more or less to a point; thence N89.09'13'E a distance of 30.0 feet more or less to the True Point of Beginning. 12. Easement and right of way for a natural gas meter and regulator facilities, pipelines, odorization faciliities, cathodic protection facilities and all other necessary and related facilities for use in connection with Second Party's natural gas pipeline as granted to Colorado Interstate Gas Company,-a Delaware Corporation by.Michael •Guttersen, Michael R. Furbush and Henrietta L. Guttersen, as Co- Personal Representatives of the Estate of W. L. Vogler, and Michael Guttersen and The First National Bank of Greeley, as Co-Personal Representatives of the Estate of Grace L. 'kegler, in the instrument • recorded February 25, 1983 in Book 989 as Reception No. 1918538, affecting the following described property: . A tract of land in the NEk of the NE% of Section 9, Township 6 North, Range 66 West, more particularly described as follows: . Beginning at the Northeast corner of said Meter Station Site, Which point is 985.5 feet from the East line of Section 9-and 26 feet from the North line of Section 9; thence traversing.S0.48'48'E 50.02 feet to a point; thence 889.09'43'W 79.99 to a point; thence NO.50'13'W 49.99 feet to a point; thence N89.08'26'E 80.01 feet to the point of beginning, 13. Oil and gas lease between Guttersen I Company, c/o Michael Guttersen and Cache Exploration, Inc. dated December 3. 1984, recorded December 13, 1984 in Book 1052 as Reception No. 01991944, and any interests therein or rights thereunder. •. 14: Oil and gas lease between Guttersen i Company, c/o Michael Guttersen • 3d, 198/ein Booka1052,Lsnc. dated ReceptionDecember 3,No. 01991945,,8and anyrded intere ober sts therein or rights thereunder. - 15. Oil and gas lease between Guttersen i Company, c/o Michael Guttersen and Cache Exploration, Inc. dated December 3, 1984, recorded December 13, 1984 in Book 1052 as Reception No. 01991946, and any interests therein or rights thereunder. 16. Oil and gas lease between Guttersen i Company, c/o Michael Guttersen and Cache Exploration, Inc. dated December 1, 1984, recorded December 13, 1984 in Book 1052 as Reception No. 01991947, and any interests therein or rights thereunder. . 0 i, ,. lo. VII al., yam ...a.x ..�.... . , .. _.. . _ ,.. .-. . .... -+:," Inc. dated December 3, 1984, recorded Decemoer and Cache E xstion, >4' 13, 1984 in .ok 1052 as Reception No. 01991947, td any interests therein or rights thereunder. 4 • 9 4 b B 1055 REC 01995383 01/15/85 17:05 $15.00 5/005 F 1226 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD-CO, CO • EXHIBIT 'D' (Cont') 17. Easements and rights-of-way now established on said property not reflected in the public records but ascertainable by a physical examination of the property, if any. 18. The 1985 real property taxes and 1985 water stock or ditch assessments. 4. ^s r # # # • is } y is • [i 4 } f: i p f . r ' . I I • B 1080 REC 02021114 08/19/85 10:11 88.00 1/002 ' I AR2021114 F. 1674 MAW' ANN FEUERSTEIN CLERK 6 RECORDERI,WELD CO, CO — RILING STAMP n 3, i :THIS DEED, Made this 14 tli? day of August . 1e 85 i „ Lay (.Pii (g] te.wome 1.NOFFSINGER MANUFACTURING CO., INC. -1, - ' • a corporation duly organised I a cadgingii k 1;1 �•� t end cadging under and by virtue of the laws of the State of Colorado i • ' Y 7 S of the first part,and Stets Documentary Fa JOSEPH A. HOFF and ELAINE D. HOFP DOM-. eUB lei ' ; of the County of We Id Si it i7.t.Q — ; . and State of Colorado,of the second part: PTTNESSETHr That the said party of the first part,for and in eon- _ and*Mention of the sum Other good and valuable cone l de rat ion a .Ten ($10.00)--- DOLLARS, to it In hand paid by the said parties of tha second part,the receipt whereof is hereby confused and acknowledged, . has granted,bargained,sold and conveyed and by these presents dose grant,barter.,sail surrey and confirm unto tha said parties of the second part,not to tenancy in common but in joint tenancy,the surwb or of them•their assigns and tha hairs and ageism of ma survivor forever,all the following desa bed lot or pate 4 of land,situate,lying . sad being in the County of Weld end I Ste of Colorado,b wit. , • A tract of land located in the Southeast Quarter of Seetion 9, Township 6 North, Range 66 Vast of the 6th Y.M., Weld County, Colorado being more particularly described as follows: Commencing at the Northeast Corner of said Section 9 and considering the Eest line of said Section 9 to bear South 00'03'05" Vast, with all other bearings contained herein being relative thereto; Thence South 00'03'05" West, 3912.57 feet to the True Pont of Beginning; Thence South 00'03'051' West, 1112.83 feet to the Northeast Corner of a parcel of land described in Book 1421, Page 376, Reception No. 1207381, Weld County Records; Thence along the Nc rth and West side of said Parcel as follows: South 89'35'16" West, 352.00 feet; South 03'03'05" West, 249.00 • feet to the Southwest Corner thereof; Thence South 131•35.16" West, 1312.45 feet along the South line of said Section 9 to • point on the Westerly side of • an irrigation ditch: Thence along said Westerly side by the following three - - courses: North 25'12'00" West, 848.39 feat; North 36'10'00" Vest, 645.90 . feet; North 17'39'00" West, 70.57 feat; Thence North 89'35'16" East, 2429.49 feet to the True Point of Beginning. Together with 1.25 shires of the capital ' stock of The Latimer a Weld Irrigation Company; 13 shares of tree capital stock of The Divide Canal and Reservoir Co., and 1.5 shares of the capital stock - of The Lucas Lateral Ditch Company• • rn• t ' } n - a i • d • • i ' H 1080 REC 02021114 08 / 19/ 85 10 : 11 $ 6 . 00 2 /002 A. ,. F 1675 MARY ANN FEUERSTEIN CLERK i RECORDER WELD COr CO _ "t * i yy; • TOGETHER with all and singular the hereditament, and appurtenances thereunto hell wing, or In anywise - , appertaining, and the reversion and reversions, remainder and remainders rents, issues and to °flits thereof; and all the estate right, titles Interest, claim and remand whatsoever of the said party of the first Dart, either in law or ..equity.of, and to the above bargain premises. with the hereditamants and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto tha a said pert''+ of the second part, tho survivor of them, ihedr assigns, and the heirs and assigns of such survivor for- ever. And the said Derty of the first part, for Itself, its successors and nev a, does torment, grant, bsrgeln and agree to and with the Bald parties of the second part, the survivor of them, their assigns and the hairs and WHIM r of such survivor, that at the time of the 'mantling and delivery of these presents, it la well seised of the prmalovs ' " above conveyed, as of good, sure perfect, absolute and Indefeasible estate of inheritance, in f ew, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey ythrse ais�ame in manner and form s aforesaid, and that the earns art free and clear from all former and other grants, i sales. liens, toms, as• • Bassmeot, and encumbrances of whatever hied or +•lore solver, r Except the general taxes for the year 1985 , except restrictions , regulations , - reservations , rights-of-way, easements , covenants , conditions • aid leases of record or use. . i i and the above bargained premises in the quiet and namable possession of the said parties of the second part, Om survivor of them, their assigns and the heirs and assigns of such survivor, against all and rtery person or m...Ns �s s • lawful) claiming or to claim the whole or any part thereof, the said party of the lint part shall and will W• ARRANT AND FOREVER DEFEND. �,nIN�,t , \ •03g9cHEREOF, The said party of the first part has caused its corporate twos to be henanto sub- '^'9J-.bf its. .. 7O I I,, Provident and its corporate seal to be hereunto affixed, attested by Its G `•s , r •:ipflLe("ayry, the day and year tint above written. JCt t .. ADEfSINCE YUF r� , ,11 •• �} •i • _ Vy�le•at • 1 fvJ-M1-Fwc2't�LORAD01 .,�xvhyC0Yaii.of'.._Vpt.n a ' TM loren1nr instrument was ectmowtedged before me this 14th day of August • , is 85 •+d rests IVs ' f.oast r u Wee!• ;d ant Ttad ."de) \I • Pla.,7/,: PI Qania rl yra•c•vet (says c a : ll ...... �y4`?tea i ' rw6 Yap We June 9 awmprp°nd°°• Ls O Z A R'P ��' My notarial commission aspires �Gnlnw<J ........ re c.: : " --• r tytini tl i ' Witness my ,a�n ',OfQDeeltal enlaL _ / • • ,e se, U 6 LIG : • E . • _< . _ %/ rair • • 0•1 •vi, '% �t•• t , ! ; ' • u9 ••V 3 , .•.... 'n+.. .. •.n•+te S J . Nor 7M w•as•grr Drill.—Imw Gnw•er Y J•W TIM•r4—arW.e T.MaaIBa p . WLeI sets! sows Dovrw. DAwtY-141+ r • . • • • ,. Hello