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HomeMy WebLinkAbout960377.tiff ,-, RESOLUTION RE: AUTHORIZE CHAIR TO SIGN PETITION FOR ANNEXATION TO MAYOR AND CITY COUNCIL OF CITY OF GREELEY, COLORADO - WELD COUNTY BUSINESS PARK, AMENDMENT I 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 has been presented with a Petition for Annexation to the Mayor and City Council of the City of Greeley, Colorado, for the Weld County Business Park, Amendment 1, Annexation, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, with terms and conditions being as stated in said petition, and WHEREAS, after review, the Board deems it advisable to approve said petition, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Petition for Annexation to the Mayor and City Council of the City of Greeley, Colorado, for the Weld County Business Park, Amendment 1, Annexation, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said petition. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of March, A.D., 1996. BOARD OF COUNTY COMMISSIONERS l Lu1OzLt &aJ. Kirkmeyr COUNTY, COLORADO � al e�air %861 ty Clerk to the Board „/f C� g`5f g B a/�"'� ' A Geor e . Baxter, P -Te O �l $ Deputy Cle !to the Board Dale K. Hall APP AS TO F • Constt nce L. Harbert unty Att mey W. H. Webster 960377 PR0020 PETITION FOR ANNEXATION Weld County Business Park - Amendment I ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado Revised Statutes, 1973, as amended, hereby petition the City Council of the City of Greeley for annexation to the City of Greeley of the territory described herein and described and shown on the map designated, " Weld Cunt RIIq ' q P - Amendment I Annexation." Four (4) copies of said map are submitted herewith and by this lgerence are incorporated herein. The description of the territory hereby petitioned for annexation to the City of Greeley is set forth in Exhibit A attached hereto and incorporated herein by reference. In support of this petition, the Petitioner(s) allege(s) that: 1. It is desirable and necessary that the above-described territory be annexed to the City of Greeley. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Greeley. .B. A community of interest exists between the territory proposed to be annexed and the City of Greeley. C. The territory sought to be annexed is urban or will be urbanized in the near future. D. The territory sought to be annexed is integrated or is capable of being integrated with the City of Greeley. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has/have been divided into separate parts or parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in excess of $200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, 960377 has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the City of Greeley was held within the twelve months preceding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a city other than the City of Greeley. 7. The territory proposed to be annexed is not presently a part of any incorporated city, city and county, or town. 8. The property owned by each petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference. 9. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the land owners and owning more than fifty percent (50%) of the property, excluding public streets and alleys, and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit A attached hereto and incorporated herein by reference. Accompanying this petition are the original and four copies of an annexation plat map containing the following information: A. A written legal description of the boundaries of the area proposed to be annexed. B. A map showing the boundary of the area proposed to be annexed. C. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity to the City of Greeley. F. Acceptance block describing the acceptance action of the City of Greeley and providing for the effective date and City Clerk and Mayor attest signatures. G. Notary public signature block, attesting to the authority of the Mayor to execute acceptance of the annexation. 960377 10. Except as otherwise provided, no part of the territory sought to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will become effective. 11. As an expressed condition of annexation, land owner(s) consent(s) to inclusion into the Northern Colorado Water Conservancy District and the municipal subdistrict pursuant to Section 37-45-136 (3.6) C.R.S. Land owner(s) acknowledge(s) that, upon inclusion into the district and subdistrict, land owner's(s') property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the district and subdistrict at the time of inclusion of land owner's(s') lands. Land owner(s) agree(s) to waive any right to an election which may exist to require an election pursuant to Article X, Section 20, of the Colorado Constitution before the district and subdistrict can impose such mill levies and special assessments as it has the authority to impose. Land owner(s) also agree(s) to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Greeley, to annex the territory described and referred to in Exhibit A to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. Land Owner(s) Name(s) and Signature(s) Mailing Address Date of Signing County of Weld, Barbara J. Kirkmeyer, Chair P 0 Box 758. Greeley CO 9/6/96 80632 76 .The fore c g n¢. signature(s) was/were subscribed and sworn to before me this 6th day of ▪ NCIZAI IP ': , 19 96 , by ▪ Wijj sSny hfid and official seal. 02,s oo ;, •..,.... QP ;` I, VII COMMISSION EXPIRES MARCH 4, 1997 My commission expires Notary Publ Land Owned See attached legal description — If necessary, attach separate sheet. 960377 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD Donald D. Warden being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said,/petition is the signature of the person whose name it purpo It to be. 4 /, (S g ture of Circulator) The foregoing Affidavit was subscribed and sworn to before me this 6th day of March , 19 9fi , by Donald B Warden • dpdZ t' J a 4''i. Wi4hess my hand'4$d official seal. � OTARp. FLY COMMISSION RXQIRF,S MARCH 4. 1997 V1y..ciastiw Ka expires o°.TE OF C -O . Notary Publl 960377 CITY OF GREELEY ANNEXATION INFORMATION SHEET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a completed annexation petition. TO BE COMPLETED BY APPLICANT Date 3/6/96 1. Name of Annexation Weld County Business Park - Amendment 1 2. Name of Property Owner(s) County of Weld Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): 3. Person to Contact (Name, Address and Phone) Donald D Warcan 915 10th Street, Greeley, CO 80631 (970) 356-4000, Ext. 4218 4. Size (in acres) Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation impact report. The annexing body and the County Commissioners may agree to waive such report, but a letter to that effect must accompany this petition. Check One: Land Owner-Initiated [ ] Municipally Owned (C.R.S. 31-12-106) [ ] Enclave (C.R.S. 31-12-106) 5. Attach a list of all special districts (including school districts) of which the territory proposed for annexation is part. 6. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. T Attach a description of the intended use and development of the territory proposed for annexation. Such a description should be as complete as possible and include: • The location of existing streets and utility lines. • Existing and proposed land use patterns and existing zoning. • Size of commercial or industrial facilities. • Estimated number of school students generated. -0- • Number of dwelling units. _o_ 960377 5. List of all Special Districts: Weld County School District#6 Northern Colorado Water Conservancy District North Weld County water District Western Hills Fire District Aims Community College Weld Library District 6. List of all residents of the territory proposed for annexation who are not landowners: None. • 7/ Location of existing streets and utilities: See enclosed map. Existing land use is vacant or parking and storage and all land is zoned agricultural in Weld County, but included in a County USR. See attached Exhibit A for proposed land use and size of commercial and industrial facilities. Tracts are cross referenced to enclosed map. Estimated number of school students generated: None Number of dwelling units: None 960377 a • BOARD OF COUNTY COMMISSIONERS PHONE (970) 356-4000, EXT.4200 FAX: (970) 352-0242 915 10TH STREET P.O. BOX 758 WIID€. EY, COLORADO 80632 COLORADO March 6, 1996 City of Greeley 1000 Tenth Street Greeley, CO 80631 Dear Mayor and Council: The Board of County Commissioners of Weld County hereby agree to waive the annexation impact report for the Weld County Business Park Annexation and request that you do the same. Sincerely, BOARD OF COUNTY COMMISSIONERS /LG({LL i Barbara J. Kirkmey r, Chair) Georg . Baxter Dale K. Hall Constance L. Harbert W. H. Webster BOCC/cah 960377 PIN # I i I I Name I I Address I I City, State Zip I I PIN #1288986 PIN #1288286 H. F. Markus Monfort, Inc. 2229 12th Street Road 1918 AA Street Greeley, CO 80631 Greeley. CO 80631 PIN #1288886 Weld County Bi-Products, Inc. Island Grove Treatment Center 1138 N. 11th Avenue 1140 M Street Greeley, CO 80631 Greeley, CO 80631 PIN #1288786 Weld County Bi-Products, Inc. Rubadue Wiring 1138 N. 11th Avenue 1311 North 17th Avenue Greeley, CO 80631 Greeley, CO 80631 PIN #1288586 I I Roy W. & Maureen C. Martin 1020 N. 11th Avenue SEI Greeley, CO 80631 1450 Sykes Avenue Greeley, CO 80631 PIN #1292886 I I Eldon Holland Roy W. & Maureen C. Martin Alternative Homes for Youth 1020 N. 11th Avenue 3000 Youngfield, Suite 157 Greeley, CO 80631 Lakewood, CO 80215 PIN #1288486 I i Mike Scimeca, President Monfort, Inc. I Florida Cirtech, Inc. 1918 AA Street 15115 Brandeis Circle S Greeley, CO 80631 Sarasota, FL 34243 PIN #1292286 Arnold W. & Linda L. Banghart Monfort, Inc. 400 31st Avenue 1918 AA Street Greeley, CO 80631 Greeley, CO 80631 PIN #1292186 Monfort, Inc. I Jim Ells 1918 AA Street 137 South 6th Street Greeley, CO 80631 I LaSalle, CO 80645 96-0377 AK L8.83'J4 • • Recorded at_ If 0961 RF'[' 01083049 02/12/B2 16 : 49 $000 1 /002 Reception Nc MARY ANN F"ECulERSTlii::I:N , CLERK & RECORDER , WELD COUNTY , CO Wairanty Oka THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5)any protective covenants and restric- tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions The specific terms of this deed are: GRANTOR: 1(1,v,- namelsl and pia(e(s)of residence, if the spouse of the owner-grantor is jo'ming in this Deed to release homestead rights. identity grantors as husband and wife.) Richard Geisert and Francis Geisert • GRANTEE: [Give name)') and addressles), statement of address, including available road or street number. is required ) County of Weld, State of Colorado, a body corporate and politic 915 10th Street, Greeley, Colorado FORM OF CO-OWNERSHIP: (If there are two or more grantees named, they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) Q PROPERTY DESCRIPTION: (Include county and state ) • SFR ATTACHED EXHIBIT "A" • CONSIDERATION: (The statement of a dollar amount is optional, adequate consideration for this deed will he presumed unless this conveyance is identified as a gift; in any case this conveyance is absolute. final and unconditional.) RESERVATIONS-RESTRICTIONS: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns. or if the GRANTOR is restricting the GRANTEES rights in the property, make appropriate indication.) ?AE.IDITIONAL- ARRANTY EXCEPTIONS: (Include mortgages heing assumed and other matters not covered above ) ro0•Tq� , � �a Q i? �' C • 7`' /•9 . . / n i �:t,// . -L' � ���c -'i�_'_'" A Signed on February 12 19 82 Gantor Atttest: ) �� - • Grantor STATE OF COLORADO ss Grantor COUNTY OF Weld ) 19 82 The foregoing instrument was acknowledged before me this 12th day of February by Gary R. Sears as attorney-in-fact for Richard Geisert and Francis_, Geisert, WITNESS my hand and official seal. y rt; �; i � r l My commission expires:August 23, 1984 t/ Notary Public STATE OF ) 1221 8th Ave. , Greeley, CO 80631 COUNTY OF ) ss. 19 The foregoing instrument was acknowledged before me this day of by WITNESS my hand and official seal. My commission expires: Notary Public ( NO. 201 1977 UPDATE LEGAL FORMS P.O.O. BOX 1815, GREELEY, COLORADO 80632 960377 EXHIBIT "A" B 0961 REC 011383049 02/1 '2/£32 16 : 49 $0 . 00 2/002 MARY ANN P E::UE:RSTEIN, CL..Ii_RI< ' RECORDER , WELD COUNTY, [.0 All that part of the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 and the NE 1/4 SE 1/4 Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows : Considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto, and beginning at the E 1/4 corner of said Section 31, thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point, thence North 89°32'30" West a distance of 653. 72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0°13'50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162.50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37'00" West a distance of 335 feet; thence North 30°39'00" West a distance of 353 feet, thence South 52°33'00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478. 07 feet; thence South 44°51'10" West, 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River; thence South 71°07'20" West a distance of 222. 20 feet; thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687. 85, thence North 55°22'10" West a distance of 77. 24 feet, thence North 65°16'30" West, a distance of 129.80 feet, thence North 87°57'50" West a distance of 208.50 feet, thence South 75°35'50" West a distance of 170.90 feet, thence South 89°18'50" West a distance of 271.80 feet to a point where said line inter- sects the West line of the NE 1/4 SW 1/4 of said Section 31, thence North 01°11'10" East a distance of 1073. 76 feet along the West line of the NE 1/4 SW 1/4, thence South 89°53'40" East a distance of 3970. 88 feet along the North line of the NE 1/4 SW 1/4, and the NW 1/4 SE 14, and the NE 1/4 SE 1/4 to the point of beginning. Said parcel includes Irrigation Well Reg. #29-11874, R.F. 200", forming a part of the Larimer-Weld Augmentation Plan. a portion of said description is also known as a part of Lot 1 , Block 178, City of Greeley, Weld County, Colorado. 9603'7'7 - r. rsr. \1 nn liar r Pane ARdi0a697 _ B 1163 F.EC 02106697 07/ 10 /87 16 : 36 50 . 00 1/004 F 0202 MARY ANN FEUERSTEIN C: 71< & RECORDER WELD CO, CO c Ili//ant] Teat 1� THIS DIED is a conveyance of the Zeal property dreinheo helotv-. Inc ludtne any improternents and other appurtenances fthe "property from the Ind't,r,uoltsl, cn rooratlonis!. parinershlplsl or other entlty(les) named helot,- as GRANTOR to the phi'vldualls) or c-etttsliesl named below as GRAN1I E ny 07 'Fe LBAN (0,P. fereltp u•Ils :Ind rono-evs the prr ur'c lu ,He (-,,,AN I II and the GRANTOR ttan,inls the title to 0 I__, the property, except for (11 the hen of the genera, plopert, taxes for the 1 car of this deed, ts'nsch the CRAM EE I - wall pay R) any easements ado nphts-of-way evidenced by recorded instruments (3) and patent reservations ' O1 and exceptions f•t) any outstanding mineral interests shown of record (51 any protective covenants and reslnc- tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions"' M The specific terms of this deed are: k n GRANTOR: diciii name.', :.no pla(els) of 0—sic—lance ii the spouse of the oss net.grantor n Ioumng in did Dt'i'd to -H,Fns. hnr.,estesd rnehts. > O ,menial strantnrs as h.nhand and ssile t Z 1—' 2 0 Monfort of Colorado, Inc. , a Delaware Corporation "7 !Ida Cm CRAN'TEE: . rrau r r.r. rs r n•n r ci a .r. ne asa .ahlo -md o. snrrl e .other. en, ten t '0 N O s-e to Weld County, Colorado, a Body Corporate and Politic of the td State of Colorado H - Z4 FORM OF CO-OWNERSHIP: III there are two or more g.amees named Ihes rsilt he considered to take as tenants in common unless H• co'he flouts "m soint lenancr'-or pores of the dune meaning are added in the spare below 1 M Z F N PROPERTY DESCRIPTION: ,Include (punk and state I 7.7 N n The Northeast Quarter (NE,) , Section 31 , Township 6 North, Range O 65 West of the 6th P.M. , Weld County, Colorado, INCLUDING any and n O all improvements located thereon and all minerals located there- 0Rr Z o under, with the exception of oil and gas . £ 0 n 0 t-i O PFEdOkOiR udildt5Pd.s.otlkA AT 'r- rims C,r r Osc sl:us: THIS IN- n s T WAS FOND 10 B5 INAOrQUATE 0 F' - T r=_T t�Ho',:.dI:nv.;Ic Ro-eooacn r toN 0 :0 aE ON I-CO L :air i Tv, cAIt50N OR PHOTO (� 0 .....d_. fit rn"ER. c rc. n oa CONSIDERATION: IThr statement of a dollar amount is optional. adequate rnns,Aerannn for this drral oil' bit presumed unless this ronvewnce is identified as a gilt. In any rase this concesance is ahwlute final and unconditional I Good and valuable consideration. RESERVATIONS-RESTRICTIONS: to the CRAN1OR intends to reserse nq, 1l l e rights in the property or to.o con;makes less apss iha�n hee assn s or 1 Il the CRANTOR is re•Irr Cling the C r S All oil and gas deposits lying thereunder. ` ADDITIONAL WARRANTY EXCEPTIONS: (Include n,'.cages oemng assumed ant, other matters nnr roored ahove 1 m See the attached Exhibit "A. " MONFO '" OF COLORADO INC. red on Cr . IL Bs BY: --- - - - -- 5 R 'r '— � _------- 19. .._: _ —____ - - Grantor A e ' Grantor if _. • py8010� ""31 ' ~ f ftAOtcSRADO ) ss —r,•„4.4;:\I..-_---.�q-yY4 ,cUTYOF WCL_b ) p j Granton T le foregoing instrument was acknowledged before me this /6th day of r 9&7 c by KENL)c-'71'F Vl'4ONFo(Z ltasRiio.slrh-n+ 4 IYlonel of Colore.de • • - CI, I WITNESS my hand and official seal. /X (S,t.eti iv, i My commission expires: (k-r-- 21 r 19$9. Notary Public ,I STATE OF ) ss COON'FY OF .) 19 The foregoing instrument was acknowledged before me this day of by WITNESS my hand and official seal. My commission expires: Notary Public C 19A7 UPDATE LEGAL l/'✓// ) ) NO 701 p O HOP I FORMS IBIS, GIEELECOLORADO 80632 \� v ' • 960377 B 1163 REC 02106697 07/ 10/87 16 : 36 X0. 00 2/004 F 0203 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" CD 1-4 v' OD J J 1 . Rights or claims of parties in possession not shown by the 5m public records . n O 2 . Easements, or claims of easements, not shown by the public records. O h7 J 3 . Discrepancies, conflicts in boundary lines , shortage in area , • m encroachments , and any facts which a correct survey and inspection of the premises would disclose and which are now shown by the cn• o Nco public records . rd 4 . Any lien , or right to a lien , for services , labor , or material heretofore or hereafter furnished , imposed by law and not C: shown by the public records . trM 5 . Taxes due and payable; and any tax , special assessments , charge or lien imposed for water or sewer service , or for any • ti other special taxing district . 6 . Right of way for Butler-Howard Ditches and Drainage System in t Section 31 as disclosed by Map and Statement filed May 5 , 1898 , as cry Filing No. 67246 , and by Agreement recorded May 7 , 1898 , in Book m o 157 at Page 311 . o r 7 . Carpenter Seepage Ditch , and any and all rights of way 0 therefore , as evidenced by Map and Statement filed September 17 , clime 1901 , as Filing No. 80213 . 8 . Easement and right of way for lines of telephone and o telegraph , as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6 , 1918 , in Book 512 at Page 312 , affecting the following described property : A . 10 foot strip of land adjoining the state highway on the East through the NEy of Section 31 , Township 6 North , Range 65 West of the 6th P.M,. 9 . Easement and right of way for electric transmission, distribution and service lines , as granted to Home Light and Power Company by Daisy Adams and Lee Adams , in the instrument recorded October 19 , 1959 , in Book 1542 at Page 561 , affecting the following described property : The NEgNWq of Section 31 , Township 6 North, Range 65 West of the Sixth Principal Meridian , the approximate center line of which right of way is more particularly described as follows: 960377 B 1163 REC 02106697 07/10/87 16 : 36• X0. 00 3/004 F 0204 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO m Beginning at a point thirty (30) feet and one o E- (1 ) foot West of the Northeast corner of said Ul "" Northeast Quarter of the Northwest Quarter <o (NEI , NW3 ) ; thence in a Southerly direction , cne (1) foot West of and parallel to the Fast mn m boundary of said Northeast Quarter of the -< o Northwest Quarter (NEI , NWf ) a distance of > N: fifty (50) feet. z e' 10 . Easement and right of way for a water transmission or to distribution line or system , as granted to the North Weld County O1 Water District , a Statutory District , by W. M. Stockover and p1 Lucille P . Stockover, in the instrument recorded January 28 , 1964 , 3m in Book 505 as Reception No. 1427562 , affecting the following m described property: L ,' n m A twenty (20) foot easement , the centerline of R"-A which is more particularly described as x �- follows : N Commencing at a point of beginning , said point being on the Westerly Right-of-way lane of the County Road, a distance of 40 feet South and a distance of 30 feet West of the Northeast (NE) v corner of Section 31 , Township 6 North, Range m 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the trio Northerly Section line of said Section 31 , a distance of 1 , 500 feet , more or less . • ow 11 . Oil and gas lease between Monfort Feed Lots , a Division of Monfort of Colorado, Inc. , a Delaware Corporation and The Colton no O Company , dated April 18 , 1979 , recorded June 1 , 1979 , in Book 870 as Reception No. 1792317 , and any interests therein or rights thereunder. NOTE : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106 , by H & C Colton Company, recorded November 3 , 1986 , in Book 1134 as Reception No . 2075692 , and by Sunshine Valley Petroleum Corporation , recorded January 20 , 1987 , in Book 1143 as Reception No. 2085386 and January 27 , 1987 , in Book 1144 as Reception No. 2086072 . 12 . Easement and right-of-way for a pipeline or pipelines , or other appurtenances , as granted to Natural Gas Associates , a Colorado - Partnership by Monfort Feed Lots , Inc. , (Also known as Monfort of Colorado, Inc. ) , a Delaware Corporation , in the instrument recorded February 17 , 1984 , in Book 1021 as Reception 960377 B 1163 REC 02106697 07/10/87 16: 36 50. 00 4/004 F 0205 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, Co No. 1956513 , the location of which is shown in the map attached to ; a said instrument . (Affects NE' ) � o 13 . Easement and right-of-way for a pipeline or pipelines , or other appurtenances , as granted to Natural Gas Associates , Inc . , a n• n Delaware Corporation by Monfort of Colorado, Inc. , a Delaware Corporation , in the- instrument recorded February 5 , 1986 , in Book 1102 as Reception No. 2041858 , the location of which is shown in the map attached to said instrument. (Affects WnNE;) ma co, 0 CO o .? m 7 J INE y 0 z r. � r .. N Z N O 0 72 C X, O S O iTJ O d O O + O 0 O a 960377 • P6696 , :d,•,i ;,_ Reception Ni._. __ Brother. AR2110747 THIS DEED, Made this day of , 1987 '7 between Monfort of Colorado, Inc. , a Delaware corporation , o '-' F_ aa' ofthe Countyof Weld andstateof o Colorado,of the First part, andWeld County , Colorado , a body corporate and politic of the State of Colorado, x n e< 0 whose legal address is 915 Tenth Street , Greeley , Colorado 80631 , > 2 zl-, zl—, of the County of Weld and state of 0 Colorado,of the second part, M 'r' C W ITNESSETH,That the said party of the first part. for and in consideration of{}ieermKrF M GOOD AND VALUABLE CONSIDERATION XAXM}iXEM N c to the said party of the first part in-hand paid by the said party of the second part,the receipt whereof y co is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these H N presents does remise,release, sell,convey and QUIT CLAi H unto the said party of the second part, its heirs, , 7, successors and assigns, forever, all the right,title,interest, claim and demand which the said part y of the first part n Cc has in and co the following described lot or parcel of land situate, lying and being in the County rti of Weld and State of Colorado,to wit: ' x 1) That part of the North One-Half(N}) of the North One-Half (ND of the North- ~- west One-Quarter (NWT) , Section 31 , Township 6 North, Range 65 West of the ry 6th P.M. , Weld County, Colorado , lying West of the private road right-of-way, I tTi w over and across a strip of land twenty (20) feet wide , as conveyed by Deed nn recorded July 28, 1903 , in Book 207 , at Page 398 . X U 2) Any and all rights first party may own in tail-water flowing onto any or all to u of the properties described in Exhibit "A. " I, X o 3) Any and all easements, which benefit any or all of the properties described £ c in Exhibit "A" and which direct and/or facilitate the flow of tail-water ' LI 0 r across properties lying to the south of Weld County Road 64. • C n o I- c no pw REC rfe7 3 1,1c.00 0.1NOHM A- THE TH.'E op 0t .' I H (',a'5 IN- sTGUeFHT WAS 101.1010 TO Or. ixanFOUATE 100 aw: etir n-,orc..anpr.ic EraaonocTION OCeh1;SE OP I'`_FQOILITI, GARCON OR PHOTO tC Copy, la,COtct[O GAd'O, taa off F., F- NIC.MM oxzscst.xe nxnkzXRIACK c lr) Cr - T TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto r belonging or in anywise thereunto appertaining, and all'the estate, right, title, interest and claim whatsoever,of the •said party of the first part,either in law or equity, to the only proper use, benefit and behoof of the said party of c the second part, its heirs and assigns forever. z I— I 2 c IN WITNESS WHEREOF,The said part y of the first part'has hereunto set its handi c and seal the day and year first above written. • M C MONFORT OFCOLORADO, INC. (SEAL] , q a Signed, Sealed and Delivered in the Presence of I• Stl ,. (SEAL] i y c ^r, t _ _-- - I BY _��� Y [SF,AL1 id i Z c vr _r n o , r. -ISEALi r , __ _ rn 1.. STATE O1P COLORADO, ' %h ,- ��': :'County of vJE�O ,,,° ,,W) 70,2................. � � , ,. Q, �F-> +v ''•The.foregoinginstrument was ecknowled$ed before me this 7p t y� '• J � i9 v ,by' KE A)MEM TOienRT..>s Yresidtnt, of Illccior4 o/ Colorado,' e. k 317 , o -,r' My commission expires OCT 2.4 1989 Witness nay hand and official seal. - - - O CIs ) P ' i H ilSTJc a th r Notary Public. d I n of n t of No.933,QUITCLAIM DEED—Bradford rum ,nng Co 1524-16 tr t is Denver, Sol 9/97 U 960377 • EXHIBIT "A" Parcel 1 : The Northeast } of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals thereunder, with the exception of oil and gas . m w OH 1-. Parcel 2 : mm . z The Northwest } of Section 31 , Township 6 North, Range 65 West of ?ym the 6th P.M. , Weld County, Colorado, i-on EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded y o July 28 , 1903 , in Book 207 at Page 398 , being more particularly 2 o described as follows: o The South 120 acres of the Northwest } of Section 31 , Township 6 `h ' m a North, Range 65 West of the 6th P.M. o , Also, o 171 c v EXCEPTING THEREFROM a strip of land 20 feet wide over and across o °10 the Northwest } of Section 31 , Township 6 North, Range 65 West of � co the 6th P.M. , being more particularly described as follows : x r H H z --, COMMENCING at a point on North line of South 120 acres of NW} of K c n -, said Section 31 , a distance of 500 feet East from Northwest corner yrco hi v z of said 120 acres, z c yi thence North in a direct route to public highway on the line c xo common to Sections 30 and 31 , Township 6 North, Range 65 West of m •• the 6th P.M. cc x o Also x N EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded y c o March 22 , 1927 , in Book 806 at Page 541 , being more particularly H — O described as follows : z O o All that part of the North } of the North i of the Northwest i of n co Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying r J ttv o West of the right of way for a private road, over and across the X H t strip of land 20 feet wide described above, as conveyed by Deed m o recorded July 28 , 1903 , in Book 207 at Page 398 . po .. O N Also m O EXCEPTING THEREFROM all that part of the Northwest } of said n o n Section 31 lying North of the North line of the South 120 acres of o o said Northwest } , South of the South line of the North ? of the o North i, of said Northwest } and West of the right of way for a x o private road, over and across the strip of land 20 feet wide described above , as conveyed by Deed recorded July 28 , 1903 , in r o Book 207 at Page 398 . o Also n EXCEPTING THEREFROM any portion of the Northwest } of said Section o N 31 which may lie South of the North 44 .32 acres thereof and North o of the South 120 acres thereof. n o ow 960377 _, But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas . • vi c� o r O N N H H H O CM Q c N W N J tri Xi L] < l n K K o N • N 2 0 z � Z H rn o til rn M J C C J N th b M O CA N O j - J N CO H [J \ H H Z Z J \ n co t- co J C J til N U x xH xH m •• w Ni • W N o 0 o x x o o to v v Z Z • S o • o Ni M o C C O O o o O w o w - \ o o 0 n o O W O W 960377 AR21Lroo1:1 E 1163 REC 02106698 07/10/87 16 : 37 50 . 00 1 /005 F 0206 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR211074s THIS I)I T;) is r rnnc nyuir, r,( r' , r ,,I : r u !,);c II), I, JIM! ;Inv rr„ error reels and other apl,urlr'nxar es (Ibra "poi •.ri r from Ii 'n s ysa,loom I prIrlmershrprcH ur Other rnlilylics) named br°In,v ris Ca2ANlr , t to ll.,• iron r ;M . n ,n rut I rir,sc as CI(ANII l C he r, s .-C"t 'rare hr cr n rn , .. r ,cl r1,n (,I ANTCl2 ..,.n;,nty .r 1111(' l0 O Ihr I rr o c ;I lur ! r Frn u s Inr [ s ; tr o Iles der•rl is", rlr C,"'ANl CE �, � svlll "ray Cram r nemrnrs and r ;nits r r r s r r,rrl r -rslr-,r cnts (3) any Ir 'lent rrsrrvalions Cr) 0- Ind r xrr )t lt)nC l i pnA Ou c, , rd"i! mm-.I it ( rr crs rr rry,rc rer Ord 7) dr`.A protective rove ndnls and rrslfrC- lions shown n( r, corrd and Hi any ,illdiuoral myth r ''doss' ur t or "Addllional Warranty Lxcopllnna" xy T The specific terms of this deed are'. C GRANTOR: ., .r nn,. . ,r r..i nnr, d v .rr r., irr a.rr r; is role ng m Ihic Orrrr ,,Mira.' hr n sr x1 nuhrs. N urn ma^�nra n, b,.,. rt, nal „ Ir l Z F' z � Monfort of Colorado, Inc . , a Delaware Corporation ^7 b7 te a co e n• o • m Weld County, Colorado , a Body Corporate and Politic of the ttl State of Colorado N co FORM CO-OW NI-RS}{IP: . lI, rrer,.nn „ r. ,'d Fir ro l,,re ;IN a rr, <on'nron unless 4 •• PROPERTY DESCRIPTION: Ali'-1,'.e rr,nnns ,,rd .r,nrl ZI rP C+7 n See the attached Exhibit "A. " D x7 d t7 v • o ti P.CCCItp CBS F,L`/0 rA`;pJM t-I O ':T 's SOUND ra EQUA'c q _ rl r r .c) rcTi Oyu (7 0 7 0 D 01 CO,rSIDLRATION ,r i _, " , _,nr i r , tr„ „ed , rnis Good and valuable consideration . RESERVATIONS-RESTRICTIONS: in 'O'( RAN,r,ll r mrr hr.r,n or In rnns,v ass War, 1, own, or rl rhr I.RAN,ON s r.,,lcr , r ;,unnI) �ns rn the moperrv, n„ke y oP ,.e •a canon I All oil and gas deposits lying thereunder and twenty—three (23) acre feet of water supplied byr the Northern Colorado Water Conservancy District . ADDITIONAL AA'ARRANEY EVCC 'T ONS: c - ss.. ,- arc) oiker '",'tars nu)) o r,rd .d.,o5r 1 See the attached Exhibit "B." `1ONFORT OF COL RADO, INC. igfied on /ter _. 19 - Grantor VC -al5o dit,pscr,t 7.7 �_c cv/ LA{ —_— —1 fl' ''ituar110r—r St/ATE OF COLORADO ) . COUNTYOF wtxe ) ss Granter the foregoing instrument vrnS acknr ' '-.!rrr r'I,)rc r .r 'Iris da.X by KEK)NETH Motu RT as -Thtsrdt' of rrlorytrE of Colorado 'x £) N µ .' VVI FNESS my hand ,a.r. ) r "frcia I seal _ 1/ ' My comnusslon expires. &pf , 21r I 9 Notary Public STATE OF ) ss COUNTY OF ) The foregoing instrument sari ac l;nosslr:rlgr,d Ina this day of , 19 by WITNESS my hand and of lci.al seal. My commission expires: Notary Public 19,7 NO 7U1 FORT, �"D,,rl LF Al 960377 B 1163 REC 02106698 07/10/87 16: 37 X0. 00 2/005 F 0207 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO z CD - EXHIBIT "A" CD T 3 The Northwest A of Section 31 , Township 6 North , Range 65 West of z R the 6th P .M. , EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded 2 ,- July 28 , 1903 , in Book 207 at Page 398 , being more particularly z c described as follows : c The South 120 acres of the Northwest of Section 31 , Township 6 a A North, Range 65 West of the 6th P.M. x Also, co xi c EXCEPTING THEREFROM a strip of land 20 feet wide over and across H a: the Northwest A of Section 31 , Township 6 North, Range 65 West of Z �- the 6th P .M. , being more particularly described as follows : COMMENCING at a point on North line of South 120 acres of NWA of n cc_ said Section 31 , a distance of 500 feet East from Northwest corner cl of said 120 acres , z thence North in a direct route to public highway on the line common to Sections 30 and 31 , Township 6 North , Range 65 West of the 6th P .M. tri 0 Also 0 EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded ;n 0 March 22 , 1927 , in Book 806 at Page 541 , being more particularly 0 c described as follows : All that part of the North I of the North I of the Northwest A of c Section 31 , Township 6 North, Range 65 West of the 6th P .M. , lying N West of the right of way for a private road, over and across the o strip of land 20 feet wide described above , as conveyed by Deed n o \ recorded July 28 , 1903 , in Book 207 at Page 398 . 0 c Also n c • EXCEPTING THEREFROM all that part of the Northwest A of said 0 u,_ Section 31 lying North of the North line of the South 120 acres of said Northwest A , South of the South line of the North § of the North I of said Northwest A and West of the right of way for a private road, over and across the strip of land 20 feet wide described above , as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . Also EXCEPTING THEREFROM any portion of the Northwest A of said Section 31 which may lie South of the North 44 . 32 acres thereof and North of the South 120 acres thereof . But INCLUDING any and all improvements located thereon and minerals located thereunder with the exception of oil and gas . 960377 B 1163 REC 02106698 07/10/87 16 : 37 50. 00 3005 F 0208 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" 1 . Rights or claims of parties in possession not shown by the public records . n'n 2 . Easements , or claims of easements , not shown by the public c ti records . 3 . Discrepancies , conflicts in boundary lines , shortage in area , encroachments , and any facts which a correct survey and inspection C. CO of the premises would disclose and which are not shown by the if; public records . 4 . Any lien , or right to a lien , for services , labor , or material heretofore or hereafter furnished , imposed hr law and not shown by the public records . 5 . Taxes due and payable ; and any tax , special assessments , charge or lien imposed for water or sewer service , or for any other special taxing district . 6 . 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 of Weld County , recorded October 14 , 1889 , in Book 86 at Page 273 . (Affects NW1 only) - r; c 7 . Reservation of right of proprietor of any penetrating vein or lode to extract his ere , in U.S . Patent recorded May 25 , 1892 , in Book 51 at Page 171 . (Affects NW1 ) ot 8 . Right of way for Butler-Howard Ditches and Drainage System in Section 31 , as disclosed by Map and Statement filed May 5 , 1898 , C ` as Filing No. 67246 , and by Agreement recorded May 7 , 1898 , in Book 157 at Page 311 . 9 . Carpenter Seepage Ditch, and any and all rights of way therefore , as evidenced by Map and Statement filed September 17 , 1901 , as Filing No. 80213 . 10 . Easement and right of way for lines of telephone and telegraph , as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6 , 1918 , in Book 512 at Page 312 , affecting the following described property: A 10-foot strip of land adjoining the state highway on the East through the NE1 of Section 31 , Township 6 North , Range 65 West of the 6th P.M. 960377 B 1163 EEC 02106698 07/10/87 16 : 37 80. 00 4/005 F 0209 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO om 11 . Easement and right of way for electric transmission, 0e, m c distribution. and service lines ,_ as granted to Nome Light and Power 0 J Company by Daisy Adams and Lee Adams , in the instrument recorded October 19 , 1959 , in Book 1542 at Pace 561 , affecting the ft x ft x following described property: t< m ti The NEiMWi of Section 31 , Township 6 North , z ,— Range 65 West of the Sixth Principal Meridian , z '" 0 the approximate center line of which right of rn way is more particularly described as follows : m a m Beginning at a point thirty (30) feet and one y• o0 (1) foot West of the Northeast corner of said Quarter n-,. tn � Northeast quarter of the NorthwestT (NE't , bWi ) ; thence in a Southerly direction , nm one ( 1) foot West of and parallel to the East n boundary of said Northeast quarter ot the Northwest quarter (NE; , NW ) a distance : : xe, fifty (50) feet. b. o x .n 12 . Easement and right of way for a water transmission or m distribution line or system, as granted to the Nord: Weld County o Water District , a Statutory District , by W. M. Stockover and o Lucille P . Stockover , in the instrument recorded January 22 , 1964 , rau in Book 505 as Reception No. 1427562 , affecting the following x- o no described property: rco t, A twenty (20) foot easement, the centerline of o which is more particularly described as a O A follows : - o Commencing at a point of beginning , said point o being on the Westerly Right-of-Way line of the O 0 County Road, a distance of 40 feet South and a distance of 30 feet West of the Northeast (NE) corner of Section 31 , Township 6 North , Range 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly section line of said Section 31 , a distance of 1 , 500 feet, more or less. 13 . Oil and gas lease between Monfort Feed Lots , a Division of Monfort of Colorado, Inc . , a Delaware Corporation and The Colton Company dated April 18 , 1979 , recorded June 1 , 1979 , in Book 870 as Reception No . 1792317 , and any interests therein cr rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS , 38-42-106 , by IT & C Colton Company , recorded November 3 , 1986 , in Book 1134 as Reception No . 2075692 , and by Sunshine Valley Petroleum Corporation , recorded January 20 , 1987 , in Book 1143 as Reception No. • 960377 B 1163 REC 02106698 07/10/87 16: 37 0. 00 5/005 • F 0210 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 20853866,nd January 27 , 1987 , in Book 1144 as Reception No . 2086072 . O - Q0 - • J t• (i O Z. z' O J C C c O : m J C CO Z C X � P n 0 0 rh t O • M o [T7 O O n o O1 O C o O 01 96037 7 Hello