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O 0 O 1-- IA IA s iII.. Ate I 1 lk LU Z 0 O Cr CE CC r OO o V 1/40) Q O cr mk v -J O 'cc Z 0 0 0 44( 0 ( -- _1 _, Y - - 1 IN THE UNITED STATES DISTRICT COURtS -9 P1 :14 FOR THE DISTRICT OF COLORADO 1 � o r CLERK Civil Action No9 L V + CLK. RESCAR INDUSTRIES, INC. , Plaintiff, v. T. AIGAKI, RONNIE LYNN MAYNARD and ROCKY MOUNTAIN RAILCAR & RAILROAD, INC. , Defendants. COMPLAINT Plaintiff Rescar Industries, Inc. ("Rescar") , through its attorneys, Rothgerber, Appel, Powers & Johnson LLP, for its Complaint against Defendants, avers as follows: PARTIES, JURISDICTION AND VENUE 1. Rescar is a Texas corporation, with its principal place of business at 1101 31st Street, Suite 250, Downers Grove, Illinois 60515. 2 . Defendant T. Aigaki ("Aigaki") is an individual who is a citizen of the State of Colorado and whose principal place of business is 12511 East 112th Avenue, Henderson, Colorado 80640. 3 . Defendant Ronnie Lynn Maynard ("Maynard") is an individual who is a citizen of the State of Colorado, currently residing at 6017 Weld County Road 49, Hudson, Colorado 80642 . 4 . Defendant Rocky Mountain Railcar & Railroad, Inc. (the "Railroad") is a Colorado corporation, wholly owned by Maynard. EXHIBIT 3 961672 On information and belief, the Railroad's principal place of business is 6017 Weld County Road 49, Henderson, Colorado 80642 . 5. This Court has subject matter jurisdiction over these claims, pursuant to 28 U.S.C. §§ 1331 and 1332 , in that the claims arise under the federal laws governing railroads and in that this action is between citizens of different states and the amount in controversy exceeds $50, 000. 00. 6. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because Defendants are domiciled and/or reside in Colorado, a substantial part of the events and actions giving rise to these claims occurred in Colorado, and the property at issue is located in Colorado. GENERAL ALLEGATIONS 7 . The Real Property at Issue. On or about August 11, 1996, Rescar acquired real property located at 22400 I-76 Access Road, Hudson, Colorado 80642, the legal description of which is attached hereto as Exhibit A (the "Rescar Property") . The Rescar Property is the triangular-shaped property on the map attached hereto as Exhibit B. 8 . On May 3 , 1996, Aigaki acquired real property located adjacent and to the east of the Rescar Property, at 5515 Weld County Road 49 , Hudson, Colorado 80642 , the legal description of which is attached hereto as Exhibit C (the "Aigaki Property") . -2- 961672 , The Aigaki Property is identified on the map attached hereto as Exhibit B. 9 . From at least May 9, 1988 until October 27 , 1988, both the Rescar and Aigaki Properties were owned by Maynard and his wife Diane L. Maynard (the "Maynards") . 10. The Aigaki Property remained titled in the Maynards' individual names until they sold it to Aigaki on May 3, 1996. 11. On October 27 , 1988, the Maynards transferred title to the Rescar Property by quit claim deed to a wholly-owned company, Rocky Mountain Railcar, Inc. ("Railcar") . Railcar is an affiliated but distinct entity from Defendant Railroad. Railcar operated a railcar repair facility business on the Rescar Property. 12 . Location of Railroad Tracks. Both the Rescar and Aigaki Properties contain connecting railroad tracks. 13 . The disputes between the Plaintiff and the Defendants stem from the Defendants' unlawful use of railroad tracks owned by Rescar and their unlawful interference with Rescar's use of its own tracks. 14. The trackage located on the Rescar Property is referred to as the "Rescar Trackage. " 15 . The Rescar Property is bordered on the hypotenuse of its triangular shape by the right-of-way of the Burlington Northern Santa Fe Railroad Company (the "BNSF Right-of-Way") . -3- 961.672 See the Map, Exhibit B. The railroad tracks at the south end of the Rescar Property connect with the BNSF Right-of-Way at what is referred to as the "Southern Interchange. " See the Map, Exhibit B. 16. The Aigaki Property contains tracks located on both the north and south ends of its property, which tracks are unconnected to each other. -In order to reach the southern tracks on the Aigaki Property, the user must travel over the Rescar Trackage located on the Rescar Property. 17. A portion of the northern trackage located on the Aigaki Property, which begins at the top of the boundary line between the Rescar and Aigaki Properties and connects with the BNSF Right-of-Way, is referred to as the "Parcel 5 Trackage. " See the Map, Exhibit B. The legal description for the real property on which the Parcel 5 Trackage is located is attached hereto as Exhibit D. 18 . The tracks located on the Aigaki Property, except for the Parcel 5 Trackage, are referred to as the "Aigaki Trackage. " 19 . The Parcel 5 Trackage at the north end of the Aigaki Property connects with the BNSF Right-of-Way at what is referred to as the "Northern Interchange. " See the Map, Exhibit B. 20. Railcar and the BNSF entered into an Industrial Track Agreement, dated September 19, 1988 (the "Industrial Track Agreement") , a true and accurate copy of which is attached hereto -4- 961672 as Exhibit E. The Industrial Track Agreement provides in part for the construction, maintenance, operation and ownership of certain trackage located in or near the Southern and Northern Interchanges. The Industrial Track Agreement provides in Section 2 (e) that the BNSF will own a portion of the tracks located on the Southern and Northern Interchanges and Railcar will own a portion of the tracks within the BNSF Right-of-Way at the Southern and Northern Interchanges and the Parcel 5 Trackage located outside the BNSF Right-of-Way. The portion of trackage located within the BNSF Right-of-Way at the Southern and Northern Interchanges owned by Rescar is referred to as either the "Rescar Southern Interchange Trackage" or the "Rescar Northern Interchange Trackage. " 21. The Trustee has executed a quit claim assignment of any and all of Railcar's remaining rights in the Industrial Track Agreement to Rescar. 22 . Rescar owns the Rescar Trackage, the Parcel 5 Trackage, the Rescar Southern Interchange Trackage and the Rescar Northern Interchange Trackage (collectively, the "Rescar-Owned Trackage") . 23 . Neither Maynard nor the Railroad own any of the subject trackage. Aigaki owns only the Aigaki Trackage. 24 . The Defendants have admitted in testimony and pleadings in the Bankruptcy Court that they do not have any agreement which would allow them access onto the Rescar-Owned Trackage. -5- 961672 Defendants have not produced any documentation or law which would substantiate their claim to access to the Rescar-Owned Trackage and/or the Rescar Property. 25. The Railcar Bankruptcy. Railcar filed for Chapter 11 bankruptcy protection under Title 11, United States Code, on September 17, 1993 . On May 4, 1994 , William J. Westmark (the "Trustee") was appointed as a Chapter 11 trustee of the Railcar estate and Maynard was removed from management of the Debtor-in- Possession. On May 15 , 1995, the Bankruptcy Court confirmed the Trustee's Amended Plan of Reorganization vesting the Trustee with all assets of Railcar and the sole authority to liquidate these assets. The Trustee conducted an auction of certain of the assets and a creditor, The Colorado Housing and Finance Authority ("CHFA") , credit bid a portion of its secured debt to acquire the Rescar Property. On or about April 11, 1996, CHFA sold the Rescar Property to Rescar. Rescar also acquired CHFA's deficiency claim in the approximate amount of $400, 000. 26 . The Maynard Bankruptcy. The Maynards had guaranteed many of the secured debts of Railcar and, consequently, filed their own Chapter 11 bankruptcy petition on November 19, 1993 . On July 16, 1996, the Bankruptcy Court entered an Order confirming the Maynards' Updated, Revised Third Amended Liquidating Chapter 11 Plan of Reorganization. On July 26, 1996, Rescar filed a Motion to Reconsider Order Confirming Maynard Plan -6- 961672 on the basis of newly-discovered evidence. The Bankruptcy Court conducted an evidentiary hearing on this matter on August 1 and 2 , 1996 and presently has this matter under advisement. 27 . The Bankruptcy Court has not made any determinations regarding the ownership or rights of these parties to utilize the Rescar-Owned Trackage. However, Maynard has recently testified in his bankruptcy case that neither he nor the Railroad have any ownership rights or agreements that allow either of them access on the Rescar-Owned Trackage. Nor have any of the Defendants produced any documents or laws to substantiate their position that they have access to the Rescar-Owned Trackage and the Rescar Property. 28 . The Sale of the Railroad. The Railroad has historically functioned as a short-line railroad, utilizing trackage located on both the Rescar Property and the Aigaki Property. The Railroad did not file its own Chapter 11 bankruptcy petition. Maynard's stock in the Railroad, however, was an asset of his bankruptcy estate. In the course of the Maynard bankruptcy proceedings, Maynard sold all of the Railroad's assets to Aigaki at the same time as the sale of the Aigaki Property. 29 . Since the sale to Aigaki, and with Aigaki's authority, Maynard has continued to utilize the assets of the Railroad in servicing the Railroad's former customers. Unbeknownst to his -7- 961672 creditors until recently, Maynard has had an unwritten arrangement with Aigaki to pay Aigaki $800. 00 per month for the use of the Railroad's assets and he continues to enjoy the full use and benefit of the Railroad's assets, including all profits from its business. 30 . Aigaki is inexperienced and unknowledgeable regarding the running of a railroad. Aigaki has delegated his authority to manage the railroad business to Maynard and/or the Railroad. Since the sale, Maynard and/or the Railroad have been acting as Aigaki's agent in operating the railroad business. 31. In connection with his sale to Aigaki, Maynard agreed to transfer all operating authorities, if any, of the Railroad to Aigaki. Aigaki has not, however, applied to the National Surface Transportation Board for a transfer of any operating authorities of the Railroad. Thus, Aigaki has no authority to operate a railroad. Since Maynard has transferred any operating authority of the Railroad, the Railroad no longer has any operating authority of its own. Until Aigaki obtains approval of the National Surface Transportation Board for a transfer, none of the Defendants has any authority to operate a railroad. The Railroad continues to exist as a shell company, without any assets or operating authority. 32 . Lack of Authorization to Utilize the Rescar Trackage. Prior to Railcar's bankruptcy, Maynard executed on behalf of -8- 961672 Railcar a purported Trackage Agreement with the Railroad which gave the Railroad access over the Rescar Trackage. 33 . As part of his Amended Plan of Reorganization, the Trustee rejected all executory contracts of Railcar, including the purported Trackage Agreement which might have existed between Railcar and the Railroad. 34 . None of the Defendants presently has any agreement or arrangement with Rescar which would allow any of the Defendants to utilize the Rescar-Owned Trackage and/or to enter the Rescar Property, by rail or otherwise. 35. After the sale of the Rescar Property from the Trustee to CHFA, the Railroad negotiated a short-term agreement between CHFA and the Railroad to allow the Railroad to utilize the Rescar Trackage. This agreement with CHFA expired by its terms on August 15, 1995. CHFA continued to allow the Railroad to operate on the Rescar Trackage until March 31, 1996. CHFA gave written notice to the Railroad that it must cease all operations on the Rescar Trackage by March 31, 1996. The Railroad and/or the Maynards attempted to negotiate a trackage right agreement with Rescar, but Rescar notified Maynard and/or the Railroad verbally and in writing that it was unwilling to enter into a trackage right agreement with the Railroad. Aigaki has never had any agreement or arrangement with Rescar for trackage rights across the Rescar Trackage. -9- 961672 36. In connection with the sale to Aigaki of the Railroad's assets, Maynard and the Railroad represented to the Bankruptcy Court, his creditors and Aigaki that any purchaser of the Railroad's assets would need to negotiate access rights onto the Rescar Property to utilize the Rescar Trackage. Aigaki proceeded with the sale with full knowledge of these representations, of Maynard and of Aigaki's limited right to use the trackage. 37 . Nevertheless, the Defendants have continued to enter the Rescar Property and to utilize the Rescar-Owned Trackage. 38 . Acts of Interference and Trespass. Maynards, acting under Aigaki's authority, barred Rescar's access to its property by erecting a cable across the county road entrance onto the south end of its property. Both Maynard and Aigaki have admitted in the Bankruptcy Court that Maynard had no right to erect this cable barrier. 39. The Defendants have also erected barriers to prevent Rescar's access to the Southern Interchange. In particular, the Defendants have placed "derailers" on the Rescar Southern Interchange Trackage which cause railcars traveling over the trackage to derail. The Defendants have locked and/or spiked the derailers to prevent Rescar from removing the derailers. 40 . The use of locked derailers has prevented Rescar from being able to timely receive and release its customers' railcars. In fact, one of Rescar's customers testified before the -10- 961672 Bankruptcy Court that it had to summon the BNSF work crew to the Southern Interchange to attempt to obtain the release of its railcar. Since the BNSF crew had no keys to any of the locks to the derailers, the work crew had to pry off the locks with an iron bar in order to secure the release of the customer's railcar. Other railcars remain trapped on the Rescar Property. 41. These actions of the Defendants are intended to interfere with Rescar's existing and future contractual obligations with its customers. These actions of the Defendants have prevented Rescar from bringing new business into its facility. Rescar has had to redirect business to other company's railcar repair facilities. 42 . Defendants have no right or authority to prevent Rescar's access to the Southern Interchange. Defendants themselves have no right or authority to utilize the Rescar Southern Interchange Trackage. Nevertheless, the Defendants are utilizing the Rescar Southern Interchange Trackage for their own business and to prevent Rescar's access to the Southern Interchange. As between and among the parties to this action, Rescar has superior claims of ownership to the Rescar Southern Interchange Trackage. 43 . Maynard and the Railroad, as Aigaki's agent, have and intend to continue to trespass on the Rescar-Owned Trackage, with Aigaki's full consent and authority. -11- 961672 44 . In fact, the Defendants transport hazardous materials across the Rescar Property thereby endangering the Rescar Property. On one recent occasion, Rescar employees and an inspector of the U.S. Department of Transportation Federal Railroad Administration observed an employee of the Defendants traveling across the Rescar Property by locomotive, transporting a railcar which was placarded with a designation that the railcar contained methanol. The employee had filled the railcar with water in order to flush out any remaining residue and fumes from the methanol and had opened the bottom valve of the railcar allowing the residue mixed with water to be released onto the Rescar Property. The Defendants also regularly transport chlorine in the course of their business and, on information and belief, intend to continue to bring chlorine-filled railcars across the Rescar Property. 45. Maynard and/or the Railroad have demonstrated a general disregard for environmental and operational safety. Maynard has been sued for FELA and OSHA violations. None of the Defendants have qualified engineers or staff with appropriate training, understanding or regard for Federal Railroad Administration and American Association of Railroad's regulations and procedures. Aigaki is not knowledgeable regarding such regulations and procedures and is providing no oversight over the actions of his agent, Maynard and the Railroad. -12- 961.672 46. On July 24, 1996, Rescar gave both verbal and written notice to Maynard that none of the Defendants were allowed to enter the Rescar Property. On July 26, 1996, Rescar sent the same written notice to Aigaki. 47. Subsequent to receiving such notice, the Defendants have continued to enter onto the Rescar Property. Defendants have testified that they will continue to trespass on the Rescar Property and the Rescar-Owned Trackage, despite the fact that Maynard has admitted in testimony and pleadings in the Bankruptcy Court that he has no agreement or arrangement allowing him access onto the Rescar Property and none of the Defendants have produced any documents or law to substantiate a claim to access to Rescar's property and trackage. FIRST CLAIM FOR RELIEF (Declaratory Judgment) 48 . Rescar incorporates herein each and every preceding allegation of this Complaint, as if fully set forth herein. 49 . This claim is brought for declaratory judgment pursuant to 28 U. S. C. § 2201. 50. The Defendants claim ownership and/or rights to utilize the Rescar-Owned Trackage. Rescar denies that the Defendants have any such rights. There is an actual controversy as to the rights of these parties to the Rescar-Owned Trackage. 51. Rescar requests a declaratory judgment from this court as to the relative rights of the parties to this action as to: -13- 961.672 (a) Ownership of and rights to utilize the Rescar Trackage; (b) Ownership of and rights to utilize the Rescar Southern Interchange Trackage; (c) Ownership of and rights to utilize the Rescar Northern Interchange Trackage; (d) Ownership of and rights to remove the Parcel 5 Trackage; (e) Rescar's ability to bar Defendants from access to the Rescar Property; (f) Defendants' wrongful interference with Rescar's use of the Rescar Southern Interchange Trackage; and (g) Defendants' lack of appropriate operating authority as a railroad and a determination that, even if such authority existed, it does not grant Defendants access to the Rescar Property, without Rescar's consent. 52 . There is a reasonable probability that Rescar will prevail on the merits in this litigation. SECOND CLAIM FOR RELIEF (Trespass) 53 . Rescar incorporates herein each and every preceding allegation of this Complaint, as if fully set forth herein. 54 . Rescar is the person or entity lawfully entitled to possession of the Rescar Property and the Rescar-Owned Trackage. -14- 961672 55. The Defendants have trespassed upon the Rescar Property and the Rescar-Owned Trackage, without the permission or invitation of Rescar. 56. The Defendants' trespass upon the Rescar Property and the Rescar-Owned Trackage was attended by circumstances of malice and/or wanton and reckless disregard for the rights of Rescar. 57. The Defendants, and each of them, is liable to Rescar for actual and punitive damages in an amount to be determined at trial. 58. Unless and until restrained by order of this Court, the Defendants will cause immediate and irreparable injury to the Rescar Property in that, if no restraining order is issued, Defendants will continue to trespass upon the Rescar Property with hazardous materials and/or in a manner which will impede Rescar's use of the Rescar Property. 59 . Unless and until restrained by order of this Court, the Defendants will cause immediate and irreparable injury to Rescar in that, if no restraining order is issued, Defendants will continue to impede Rescar's access to the Southern Interchange. The loss of business opportunity will cause Rescar to suffer substantial damages. 60. Rescar has no full, adequate or speedy remedy at law for the threatened and currently suffered injury alleged herein. In the event that it is determined that Maynard and/or the -15- 961.672 Railroad have acted outside the scope of the authority of Aigaki, Rescar may be left with a claim against Maynard and/or the Railroad only. Both Maynard and the Railroad are insolvent and Rescar is unlikely to be able to recover damages from either Maynard or the Railroad which will fully compensate Rescar. 61. An order restraining the Defendants from interfering with Rescar's access to the Southern Interchange will not operate as a hardship on the Defendants. On the contrary, impairment of its ability to use the Southern Interchange will invoke great hardship on Rescar. THIRD CLAIM FOR RELIEF (Interference with Existing and Prospective Contractual Relations) 62 . Rescar incorporates herein each and every preceding allegation of this Complaint, as if fully set forth herein. 63 . Rescar had a contract with the Rampart Range Corporation and other customers in which it agreed to receive railcars of the customers for repairs and then to timely release the cars back to the customers once the repairs had been completed. 64 . The Defendants knew of the contract with The Rampart Range Corporation and other customers of Rescar or had knowledge of other facts which reasonably should have caused the Defendants to know of such customer contracts. -16- 9616e2 65. With such knowledge, the Defendants by words or conduct, or both, intentionally interfered with Rescar's ability to perform its contracts by timely releasing the customer's cars, thereby causing the termination of customer contracts with Rescar and causing the customers to express substantial concern regarding entering into new contracts with Rescar, until the issues in this action are resolved. 66. The Defendants' words or conduct, or both, have caused Rescar to incur damages in an amount to be determined at trial. 67 . The Defendants' words or conduct, or both, were intended to interfere with Rescar's prospective business relations as well. 68 . The Defendants' interference with Rescar's business was intended by circumstances of malice and/or wanton and reckless disregard for the rights of Rescar. 69 . The Defendants, and each of them, is liable to Rescar for actual and punitive damages in an amount to be determined at trial. 70. Unless and until restrained by order of this Court, the Defendants will cause immediate and irreparable injury to Rescar's business in that, if no restraining order is issued, Defendants will continue to interfere with Rescar's business relations. -17- 961672 71. Unless and until restrained by order of this Court, the Defendants will cause immediate and irreparable injury to Rescar in that, if no restraining order is issued, Defendants will continue to interfere with Rescar's business relations. The loss of business opportunity will cause Rescar to suffer substantial damages. 72 . Rescar has no full, adequate or speedy remedy at law for the threatened and currently suffered injury alleged herein. In the event that it is determined that Maynard and/or the Railroad have acted outside the scope of the authority of Aigaki, Rescar may be left with a claim against Maynard and/or the Railroad only. Both Maynard and the Railroad are insolvent and Rescar is unlikely to be able to recover damages from either Maynard or the Railroad which will fully compensate Rescar. 73 . An order restraining the Defendants from interfering with Rescar's business relations will not operate as a hardship on the Defendants. WHEREFORE, Rescar Industries, Inc. respectfully requests that this Court enter a judgment in its favor and against the Defendants, and each of them, as follows: 1. For declaratory judgment determining the ownership and rights to utilize Rescar-Owned Trackage; Rescar's ability to bar Defendants from access to the Rescar Property; Defendants' wrongful interference with Rescar's use of the Southern -18- 961672 2 Interchange; and whether the Defendants have the appropriate operating authority as a railroad and whether such authority grants any of them rights to access to the Rescar Property, without Rescar's consent. 2 . For a preliminary and a permanent injunction, enjoining Defendants and their agents, servants and employees, and all persons acting under, in concert with, or for them from entering the Rescar Property and/or interfering with Rescar's access to the Southern Interchange and Rescar's business relations. 3 . For damages in an amount to be proven at trial, plus reasonable attorneys' fees and costs, and such other and further relief as the Court deems just and proper. Dated this C 1'Ir day of August, 1996. ROTHGERBER, APPEL, POWERS & JOHNSON LLP Frederick J. Baumann Elizabeth E. Brown 1200 - 17th Street, Suite 3000 Denver, Colorado 80202 Phone: 303/623-9000 Attorneys for Plaintiff Plaintiff's Address: 1101 31st Street, Suite 250 Downers Grove, Illinois 60515 62445\P-Comp -19- 2316ry !2 • EXHIBIT "A" LEGAL DESCRIPTION PARCEL I That part of the NW 1/4 of Section 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado tying Southeasterly of the Chicago, Burlington and Quincy Railroad more particularly described as follows: Beginning at the SE Corner of NW 1/4; thence S 89°14'28'W along the South line of said NW 1/4 a distance of 252.84 feet to a point on the Southeasterly right of way line of said Railroad: thence N 48°03'28" E along said Railroad right of way a distance of 339.70 feet to a point on the East line of said NW 1/4; thence S 00.02'0T E along east tine a distance of 223.70 feet to the POINT OF BEGINNING. COL"fTY OF WELD STATE OF COLORADO PARCEL ii Al that portion of the NE 114 of Section 2, Township 1 North, Range 65 West of the 6th P.M., lying Easterly of the right of way of the Chicago, Burlington and Quincy Railroad., Weld County, Colorado. COUNTY OF WELD STATE OF COLORADO EXHIBIT A 961672 1 d fl P [ 1181HX3 i % _ 1 .J g f n . . '-, Ct • 5 , 1 \ ]\ d CI l 6 i 5tid ti 1 / fi z.`, tfc ci oaao-0oc t. (1 .� ` _,L. r / • f ,4 y /� .= 4;, ,T ,,. 1--- d°7 111. s M v U > A ' !rte i 1 p • it \\,' '1/\ 1�g,s= \ c a5 T ay • �yJ y \;~ .:!cr _i a 1 zx \ \ 96 . 72 THAT PART OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO DESCRIED AS: BEGINNING AT THE SOUTHEAST CORNER SAID SECTION 36, THENCE N 00 DEGREES 21'30" W ALONG THE EAST LINE SAID SECTION 36 A DISTANCE OF 1692.07 FEET TO THE TRUE POINT OF BEGINNING, THENCE S 89 DEGREES 54'38" W PARALLEL WITH THE SOUTH LINE SAID SECTION 36 A DISTANCE.OF 3376.50 FEET TO A POINT 50.00 FEET EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD, THENCE N 48 DEGREES 03'38" E PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 3118.16 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WE.D COUNTY ROAD NO. 16, THENCE S 66 DEGREES 00'47"E ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1144.83 FEET TO A POINT ON THE EAST LINE SAID SECTION 36, THENCE S 00 DEGREES 31'30" E ALONG SAID EAST LINE A DISTANCE OF 1615.91 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE.OF COLORADO. EXHIBIT • 961.672 That part of the North one-half Section 1, Township 1 North, Range 65 West and part of the South one-half Section 36, Township 2 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, described as: Beginning at the Southwest Corner of said South one-half Section 36, thence N01'02 ' 30"W along the West line said South one-half a distance of 80.31 feet to a point on the Southeasterly Right-of-way line of the Burlington Northern Railroad, thence N48'03 ' 28"E along said Right- of-way line a distance of 2367. 56 feet, thence 541'56 ' 32"E a distance of 359 .71 feet, thence S89'54 '38"W parallel with the South line of said South one-half Section 36 a distance of 89 .49 feet to a point 300.00 feet Southeasterly and perpendicular to the Southeasterly Right-of-way line of the Burlington Northern Railroad, thence 548' 03 ' 28"W parallel with said Right-of-way line a distance of 2568 .52 feet to a point on the West line North one-half said Section 1, thence N00'00 ' 00"E along said West line a distance of 321.72 feet to the Point of Beginning. Contains 17.267 Acres more or less. Basis of Bearings: The West line North one-half Section 1, Township 1 North, Range 65 West of the Sixth Principal Meridian is assumed to bear N00' 00 ' 00"E. EXHIBIT D ' 951672 BURLINGTON NORTHERN RAILROAD COIVANT .' : 'ICr;7A0 cc DOCKET r._:..=_„_ 2k INDUSTRIAL TRACK AGREEMENT PARTIES OFFICE OF SECRETARY FC:.RT *AORTH. TEXAS AGREEMENT, made this day of , 19 1:Y , between BURLINGTON NORTHERN RAILROADI COMPANY, a Delaware.] c poration, here n� after called 'Railroad', and ROCKY MOUNTAIN RAILCAR, INC., a Colorado corporation, hereinafter called 'Industry', whose address for the purpose of this Agreement is 12600 East 114th Avenue, Henderson, Colorado 80640. LOCATION WHEREAS, Industry desires the construction, maintenance and operation of trackage hereinafter called 'track' located at Hudson, Colorado, shown between the letters A-C and D-F within Railroad's right-of-way and shown heavy dashed outside Railroad's right-of-way, on the plat hereto attached dated May 13, 1988, marked Exhibit 'A', and by this reference made a part hereof. NOW THEREFORE, the parties hereto agree to the construction, maintenance and operation of said track (and crossings) on the following terms and conditions: RIGHT OF WAY Section 1. Industry shall first procure without expense to Railroad all necessary right-of-way and all necessary public authority and permission for the construction, maintenance and operation of the track (and crossings). Industry further agrees that said track (and crossings) shall be constructed, maintained and operated subject to all provisions of any such public authority or permission and, regardless of the fact that same may be granted to Railroad rather than to Industry, to assume any and all liability for and to indemnify, defend and save harmless Railroad from and against any and all loss, cost, damage, suit or expense in any manner arising or growing out of the compliance with or violation of the provisions of such public authority or permission. If separation of the grade of said track and any highway is ordered by public authority, the Industry shall indemnify Railroad against any expense in connection therewith or consent to the removal of the track. CONSTRUCTION, MAINTERAJICE, OPERATION and OWNERSHIP Section 2. (a) Industry, at its own expense, will perform or will arrange for all grading and provide necessary drainage for that portion of track which is located off Railroad property. Grading and drainage work on Railroad property will be performed by Industry at Industry's expense. se0188797196r501,1 1: EXHIBIT 961672 , E (b) Railroad will , at its initial expense subject to reimbursement by Industry as Sub—paragraph (c) hereof provides, construct track from point of switch to point of clearance (14 feet from center to center of tracks) between the letters A-B on Exhibit 'A' for the agsaed amount of $63,638.00 and will , at expense of Industry construct track from point of switch to point of clearance (14 feet from center to center of tracks) between the letters D-E on Exhibit "A" fcr the agreed amount of 555,868.00. Industry, at its own expense, will construct trackage within Railroad's right-of-way shown between the letters B-C and E-F on Exhibit 'A" and outside Railroad's right-of-way shown heavy dashed on Exhibit "A". (c) 1. Cost of construction of track between the letters D-E on Exhibit 'A', paid for by Industry in the first instance in the amount of $65,868.00 is subject to refund by Railroad to Industry or any assignee of Industry at the rate of $65.00 for each car of freight delivered on or shipped from track on which Railroad receives road-haul revenue in excess of $400.00 during the period of five (5) years after the date of completion of track, unless the total of such refund payments shall sooner equal said amount. Industry or its assignee shall submit a list of such cars to Railroad's Director - Accounts Receivable and Contracts, P. 0. Box 64952. Saint Paul , Minnesota 55164, upon each six (6) month anniversary of this Agreement, and a settlement shall be made prcaiptly after verification of such lists by said Director. Such lists shall show car numbers, waybill numbers and dates, points of origin and destination. 2. Cost of construction of track between the letters A-B on Exhibit 'A'. paid for by Railroad in the first instance in the amount of $63,638.00 is subject to reimbursement by Industry to Railroad in the following manner: If, within said five year period from date of ccepletion of said track, Industry is refunded the entire $65,868.00 referred to in Paragraph 1 hereof, then, Industry shall submit a list of subsequent qualifying cars to Railroad's Manager Industrial Track, 3300 Continental Plaza, 777 Main Street, Fort Worth, Texas 76102, upon each six (6) month anniversary of this Agreement. Railroad will apply to the agreed cost of $63,638.00 the amount of 565.00 credit for each additional qualifying car, if any, for remainder of said five (5) year period from the ccapletion date of said track, however, if the total amount so accrued by calculating said additional cars does not total $63,638.00 within said five (5) year period, Industry will pay Railroad the difference between $63,638.00 and said accrued credit within twenty (20) days after bill is rendered thereof. (d) Railroad will maintain track between the letters A-B and D-E on Exhibit 'A" at its expense. Industry will, at its owe expense, maintain track within Railroad's right-of-way between the letters B-C and E4 on Exhibit 'A' and track outside Railroad's right-of-way shown heavy dashed on Exhibit 'A'. Maintenance for the purpose of this Agreement shall include responsibility to provide proper drainage and to keep the track free and clear of snow, ice, weeds and other obstacles and debris and to provide a safe workway for Railroad employees. (e) Railroad will own the track between the letters A-8 and D-E on Exhibit 'A' and Industry will own the track within Railroad's right-of-way between the letters B-C and E-F on Exhibit "A` and outside Railroad's right-of—way shown heavy dashed on Exhibit 'A'. se0138797196r501 ,2 961.672 Industry shall bear and pay any costs for changes or alterations in that portion of track owned by Industry that may be necessary in order to conform to any changes of grade or relocation of the tracks of Railroad at the points of connections with said track required by any law, ordinance or regulation, or necessary because of any other reason beyond Railroad's control . Any work performed by Industry in constructing or maintaining the track or any facilities extending over, under or across the same or in making additions and betterments thereto shall be done in a substantial and workmanlike manner and in accordance with Railroad's standards. Wire lines shall be constructed and maintained in accordance with Railroad's requirements, the National Electric Safety Code and any statute, order, rule or regulation of any public authority haying jurisdiction. If Industry fails to maintain said facilities or that portion of the track herein agreed by it to be maintained, Railroad may refuse to operate over the track. If said track is used for the receiving, forwarding or storing of hazardous commodities, Industry agrees to comply with Railroad's requirements and the requirements of any statute, order, rule or regulation of any public authority having jurisdiction with respect thereto as the same may be modified, supplemented and amended from time to time. RIGHT OF RAILROAD TO USE Section 3. Railroad shall have the right to use and extend said track and construct spur tracks therefrom for the accommodation of the business of Railroad or the business of other parties, provided such use or extension don not unduly interfere with the use of said track by Industry. CLEARANCES Section 4. Industry shall not place, or permit to be placed, or to remain, any material , structure, pole or other obstruction within 8-1/2 feet laterally of the center or within 23 feet vertically from the top of the rail of said track; provided that if by statute or order of competent public authority greater clearances shall be required than those provided for in this Section 4, then Industry shall strictly comply with such statute or order. However, vertical or lateral clearances which are less than those hereinbefore required to be observed but are in compliance with statutory requirements will not be or be deemed to be a violation of this Section. Industry agrees to indemnify Railroad and save it harmless from and against any and all claims, demands, expenses, costs and judgments arising or growing out of loss of or damage to property or injury to or death of persons occurring directly or indirectly by reason of any breach of the foregoing or any other covenant contained in this Section. Should either, or both, the lateral and vertical clearances hereinbefore required to be observed be permitted to be reduced by order of competent public authority, Industry hereby agrees to strictly comply with the terms of any such order and indemnify and hold harmless Railroad from and against any and all claims, demands, expenses, costs and judgments arising or growing out of loss of or damage to property or injury to or death of persons occurring directly or indirectly by reason of or as a result of any such reduced clearance. se0188797196r501,3 Railroad's operations over the track with knowledge of an unauthorized reduced clearance shall not be or be deemed to be a waiver of the foregoing covenants of Industry contained in this Section 4 or of Railroad's right to recover for such damages to property or injury to or death of persons that may result therefrom. PUBLIC ASSESSY+ ENTS Section 5. Industry shall pay all compensation and assessments required at any time by a municipality, public authority, corporation or person for the privilege of constructing, maintaining and operating said track (and crossings). LIABILITY Section 6. Industry agrees to indemnify and hold harmless Railroad for- loss, damage, injury or death from any act or omission of Industry, its employees, or agents, to the person or property of the parties hereto and their employees, and to the person or property of any other person or corporation, while on or near said track (and crossings) , and if any claim or liability shall arise from the joint or concurring negligence of both parties hereto it shall be borne by them equally. In the event Industry permits a party or parties, hereinafter called 'Permittee', other than Railroad to use said track for receiving, forwarding or storing shipments, Railroad hereby consents to such use, and in such case Industry hereby agrees to indemnify and hold harmless Railroad from and against any and all loss, damage, injury or death, resulting from or arising out of any act or omission of Per,ittee, its employees or agents, to the person or property of the parties hereto and said Pernittee, and to the person or property of any other person or corporation while on or near said track (and crossings). • -- ASSIGNMENT Section 7. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto; however, Industry shall not assign this Agreement without the written consent of Railroad, and for any departure in this respect Railroad may terminate this Agreement. RIGHT TO DISCONNECT TRACK • Section 8. Railroad shall be privileged to terminate this Agreement and discontinue the maintenance and operation of said tract, and to remove its turnout connection, in the event of any of the following contingencies, viz.: (a) Industry ceases for a continuous period of one (1) year the doing of business In an active and substantial way at the Industry or establishment served. (b) Railroad is authorized by competent public authority to abandon its line to which track is connected. (c) Industry shall fail to keep and perform any obligation or stipulation stated in or resulting under this Agreement. No recourse or claim will exist in favor of or be asserted by Industry because of the discontinuance of operation and removal of the metal and fastenings as provided in this Section of this Agreement. se0188797196r501,4 .. . 2 • REMOVAL OF TRACK Section 9. Railroad agrees. upon discor.tinuance of the use of the track to remove from its right-of-way that portion of the track owned by Industry and to pay to Industry the salvage value of the usable material so removed, less cost of recovering it. If the cost of removing or recovering said track exceeds the salvage value thereof, Industry shall pay Railroad the difference. JOINT USE BY OTHER RAILROADS Section 10. This Agreement is also made for the benefit of such other railroads which, either by prior understandings or agreements with the Railroad have the right to use the track, or which shall be admitted in the future to the use of the track by Railroad, all of which railroads shall be deemed the 'Railroad' within the meaning hereof. LAND LEASE Section 11. Effective as of the date hereof, Industry will pay to Railroad an annual charge of Forty-five Dollars ($45.00) for use of land underlying track within Railroad's right-of-way shown between the letters B-C and E-F on Exhibit 'A'. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. BURLINGTON NORTHERN RAILROAD COMPANY By Manager Industrial Track ROCKY MOUNTKI 'RAILCAR, By -- r Ti e • ♦-Hudson, CO sea 188797196r501,5 961672 r•. r B 1281 REC 02231754 10/31 9 2 0 a / 1 R2� 6s 3 FO1 17 0072 59 MARY 4 ANN S 0.00 _..FE UERSTEZN CLERK & RECORDER WELD CO,OCO la $WITCHING AND EASEMENT AGREEMENT II 4_�'. , This Agreement is made the date set forth herein below I',.ri between ROCKY MOUNTAIN RAIL CAR, INC. (hereinafter called "RMRC") , Ron Maynard and Diane Maynard (herein collectively •1 :` •' called the "Maynards") , and DPC INDUSTRIES, INC. (hereinafter •. . �'; called "DPC") , to-wit: W I T N E S S E T H: WHEREAS, RMRC owns and operates the rail system on the property highlighted and identified on Exhibit "A", attached hereto and incorporated herein for all intent and u P rpoaes (hereinafter called the "Rail Facilit rl . 11 y"), all of which lies within Section 36, Township 2 North, Range 65 West of the 6th ' Principal Meridian, Weld County, Colorado; and I WHEREAS, DPC owns the property (hereinafter called the "Subject Property") adjacent to the Railroad Facility, the I r Subject Property being cross-hatched and identified on Exhibit "A""; and { . WHEREAS, the Subject Property was purchased by DPC from the '' " •-t' q R 1 t tiers-of—RMRC; and WHEREAS, DPC purchased the Subject Property conditioned upon the RMRC and the Ma �• `ynards providing permanent and continuous (+ , , t access and use (including rail car switching services) over and , across the Rail Property, and for continued use of the Rail :.i Facility to and from the Subject Property in order for DPC, its •' C4 successors and assigns, to receive and forward rail cars to I' Q- facilities located on the Subject Property; and EXHIBIT t SWITCHING AND EASEMENT AGREEMENT •- . 961672 • I t j h I F r. • v r of ..� ` .;fref ° 1IP } i ; r. , fif T , r 4 . I + . . , 1 !r "{{��` ,." , � 1r�° r : r t': : . ,$ '. �. i �,` i �a1':1 , , � • 4I'19 tl�� `Ci:.t a+�7 ‘. I t t.".44, . ,l d1° !{ . n 1281 REC 02231754 10/31/90 16:01 X4. 0.00 2/007 #h iinp f.] F 0073 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 4 it i"..1 I WHEREAS, DPC, RMRC and the Maynards wish to enter into this I it i,o ,di Switching and Easement Agreement to evidence RMRC's and the i 'il l;,i ''. Maynards' continuing obligation to furnish switching services and y Tr;'l' I ' hiaccess to the Rail Facility to accommodate the transfer of trains I' ii t, yl O1 , and/or rail cars between the Burlington Northern Railroad and the g1111t I � I Subject Property, and the obligation of RMRC and the Maynards to Ei;- ` e'at ' furnish permanent and continuous access to and from thealts: Ilia,;! i • I Burlington Northern Railroad over and across the Rail Facilities .p 1q y, I 1 _I I and the Rail Property to the Subject Property for DPC's use and k I414 t . benefit. r ay }It i NOW, THEREFORE, in consideration of the agreement herein ' t it Y, contained to be kept and performed by the parties hereto, and (° ` }.LI other good and valuable consideration, the receipt and 1 . y ' : 1 i.- sufficiency of which is hereby acknowledged by each party, it is ypE1 It ' ..�, .. I k e` ; hereby agreed that: . j } .-'•' 1. For the purposes hereof, the term "Rail Facility" as T: : k ,,?t° 1, ' used. herein shall designate the plural number if there is more . { ,' a, than one railroad track, and shall include all appurtenances x� r 1. ' I 1'1is', r Ir' s' . }, i ~ thereto, consisting of rail and fastenings, switches and frogs l,i complete, bumpers, ties, ballast, roadbed, embankment, trestles, -. : £ 1 11t " 4db I ti I � I culverts and other structures and things necessary for the . I !I t N I., support of entering into the construction of the Rail Facility, &. wi ! ₹I 41411 1 r1; t'. and if the Rail Facility or any portions thereof, is located in a ' 1O11 N r..} 14, thoroughfare, said term "Rail Facility" shall include pavements, ';: � j� II': culverts, drainage facilities and all other work required by w 5t �i .1,' " I t. 1 }' ! 4}I- 't'' '';' iii.4tl,{it+I.,. r .t1 ;,i, SWITCHING AND EASEMENT AGREEMENT PAGE 2 I 1 i!y r II 951672 A! 1 ,lit1 { 'r Ir i. s it FtIC {+ ;, 1 I 7 •,. :ki f14' I' ,I'_ 1 ' d • .151 '° •I{ II 1 I } }� , "�1I II yr 1 i, r y v r,, ' l..) tr rl E.,{f Ltist i tiit xMY Q,�l , rd'`os �� p, I ,, a P Gki' {1 {17rp1f I':4 , /� 11 ''r ''l " al ! r Ivi;?t, �� e�f .iYi .7,l" 1 vi I Y'11 I 9 Iti { p r (f� 0'::':' � i I }g • i 1 Atil,.v7 ',', 4 r, ': . ,. � L I I1� ,V.; Cf �:-9. x ? , ! 51rk 4 ,.J� ik, 1 �4t11 r 1II� Sr ,' i d� i 11 t: B 1281 RFC 02231754 10/3..../c3 15:10 , ic { lal i w1 ' Q F 0074 MARY ANN FEUERSIEIN CLERK L RECORDER CRDE7 la .L. C Ci tt ' , aiI It�i 1: 4 ii r , lA,a ! } lawful authorities in connection with the r'onst rct � -m, relOWA ., ` i wlti Ir IIc F ' maintenance and operation of said Mail Ftri ity . ,M@, r1rr Ivr4*. .i rd:t , 1 • ,} `{ • ,il ,tYlvh 2. RMRC, at its own expense , -hall ce Isteli-1 ate[ �a ��c � i kf:Q ilt,A ",i{ thereafter own and maintain the rail facility ur _uand +ter the , }1 �i� ,y r l' k E r t ,,a t i terms of the Earnest Mone Contract to serve the Frope ty for l,rs t y ky �l Ia{r i i4 DPC's intended use. RMR.C shall maintain said Track constructed �4 °` hh Lr`4 W „i� 4 ,rr � under the provisions of this paregraph in good condition and t, No Ii' R , ' II :r iik repair. 12,1 ' ' i r t ! �L 3. F'.MSiC agrees to op©rut© tho Rail Facility for the "' I, { 1 ;ij ht.hiA purpose of serving DPC and the Property, subject to any lawful ` r e , t r'r r'': I w�` and reasonable charges that may he made by the. I;MF:C for said a �t�� r,l� , rr k services. The RMRC shall have the right to use said Rail 'r Gj 'i to Facility when not to the detriment of DPC. I � ru�yl I i rr� l � 1 II 4. If RMRC and/or the Maynards fail to perform all terms "i, .I i ; , I , tw, and conditions of this Agreement, or should RMRC discontinue �'1 , ASV, , iI kp ,, h qk providing rail services, or otherwise terminate its operations, " rarlll I.,' i discontinue its operation of the Rail Facility, or go out of ' ti'xrl Yr: hqk siiI l• 'I il11 j business and no longer provide the switching services and access Hi tit rplh' I Qtr1r, S% '1, required hereby, then DPC or its designated representative, agent =wfl , ,. �{ or licensee shall have the right to operate the Rail Facility at 11� `1 ` I1 . ''`r 1. {` Q'�aE i I slfhh. its own cost and expense to facilitate the transfer of rail cars, ' hp �:; trl locomotives and trains to and from the Subject Property to the it ��It i'.. `!. 4 1 t�¢ Burlington Northern Railroad. .1Iy,I1 1.1 5. RMRC shall grant to DPC all easements, rights-of-way P� 11 r, F'hh7' , rwu and licenses reasonably necessary for the continued use of the „ ;, it . 1 d •• � t �l Rail Facilities over and across the Rail Property, and RMRC shall IttI {� � 7 44P'R t a r '1, SWITCHING AND EASEMENT AGREEMENT PAGE 3 � ' i' 1M; A. a t k ' 9 H <�i r. 961672 t� 1I Ailr IF , ,I I , . I II t:jht.': i .h i C t. .+7 v I t � b i I } I at r • nl l' I � ra 4 , � �� 1 i 1I4{ I 1.' v i • { r 2q i I . , ii ,. +# tl f.i ',l'',.' aA ' 1' .• I I � � , � i retyi � �=1 � 1 � T' �� t d F •�T; ii iI•e I�•• i1ai� 7d � _ ups x ��e5 V�, —i' 3i n '�i� j �Y 1 . , d1 ,, ill' l, tan B 1281 RFC 0 .i cd - i. _r 0 :,G:Ui ,,4( -0i1 • i3 1 �tS F 0375 MARY At N tE:1JE ft,.E.: i� LE ,'St d l l .2DL1 it I ..C: i+„ .O p n y � i i r 1 j 'fir 11 �I t,} provitle switch:Ln3 c. -.-1 a -o '. t� fac 1 _t:^„ ' � :41gc 'es aa;t tit i, . M ,n `I' I;+ egress of rail car:, dr J, t I a:.r.t 1 rtw'en t7c Sr_t j*.c< Fr �pcs_.} Inc. � �'g, '� gy�F - 4 •�l o- i l , y 1. the Burlington Northrl 7 i 11 c a i I l'4 ti, D' g 1 4 pl: 6. It is hereby ac.lnovier, ed that DPC '.ary _enr'tlect c 4, r r,,R • ojt I cause to be can struoted a e}ur on the Subject. Prclperty, which N� li I 1..';, ' Y{ I A shall connect with the' Pail Facility at 'the boundary of the + '. 'il �i [ + 4. t ±' ) hI ' Subject Property. The Mayn.trda and/or RMRC shall_ furnish and ',!,}}i i ' 1 ., I +r = nil ,-rw grant to DPC all easements, rights-of-way and other access for II p! t .1. . q the purpose of constructing, operating and maintaining the rail 0 c „ i, , . sp�' 1 spur on the Subject Property and connecting with the Rail fit..tIi„hi;., i : li ' w 1 ' Facility. The easements, rights-of-way and other access shall r.. ≤i Ii>1 I' I 1 '" inure to the benefit of the Subject Property and DPC, its l: "tl iI . ,it fl C f % successors and assigns. DPC shall maintain the spur facility at .rat ft }I I i1 P +V its own cost and expense, but shall be provided access to the , 11i!0) ' I ,J 11 st �: Rail Facility in accordance with the terms of this agreement. t 5j Y � ' tr: However, the spur facility shall not be considered a part of the ttl'„14,1,1 +, Rail Facility. � , y 4 t` ",/ 7. The RMRC, at its sole cost and expense, may rearrange Ell u,'''',:iii ),Ej1t- «1} v- or reconstruct:i:exr the Rail Facility or modify the elevation a '4 IIa t sl '•i d J thereof whenever necessary or desirable in connection with the €, ut , s` 11 1; improvement of the property surrounding the Rail Facility or 1 �� ts//�ii � , �t 6 % Y 1 1 I. �r=tt, changes in the Rail Facility at or near the location of said Rail {, `ixt ' b C a �, Facility, provided that DPC shall continue to have similar �� E f" i � lE i trackage and use, without additional cost to DPC. r -, 't I it'd 4 .i {t: " Ika i 8. This Agreement shall be binding upon the heirs, >t .1", ,; S , t ;,�, executors, administrators, successors and assigns of each of the i s ° a k l t 'fit` 'tilt; i fi ,' ,SWITCHING AND EASEMENT AGREEMENT PAGE 4 I. {{" i• '" 7, ' C " 9616 y, � I , " •-•••••,' r r ( I I° . " 404FIdt 1 ) &A, yl C 1 I', --1'''', ray Y 1 ' 1,4 ej i✓ 17511'1'114P": fr..1.t".•••41,-/,.,Y6Y ..,.„,.. .:,),,, r,t ,r }� it Ldp , ki $ I;d1 .. rY1, ! + e Y ' , /4r ' 7 �'IY ;„,;:i,. Y !1 i •r.YeY J 1l 1 bj 1 t 1 zl F', [L -Ir r 1' /74ir 7r t �a + � v 11 ,i r ii IY , ti r r ;,;;•"; MI fl'Ill 4' in 1L 271 1 I..tlx 1 ¢¢Al '� , �, uf ; D , i 1 1 1 1 1p'�j till ! L' ,1 x Q�1 YH �i 1 1 '. I r i ,(1 T rte F 1,,fret,',,s, 1i1 p I/}��tyi� I f 'f+lgla i {4 rlp�: �t f •1 Y_ • :•.;,l, 7 � . u l Uj� ilt I � �' ra' A '� 4 h 'p 11l M1� 1r1� � 'rl4 (li �I �t}', 1 � n �, el' eY .1 �lr � i• f� ^. 1 B 1261 .'l ( . 2. , Y'S4 10/31/ 90 16 01 :ell : Y 0,1.7 ' '' r" 1 1 A;3 • • . F 0076 1`Rf LN: SE !IERSTEIN CLERK L RECORDER 'palLD _ , CS yl � * I (� • VI r. parties here': Rfe=. n:o to any of the oerties hereto shall. f1 }II I I.�1 I i Ikpp include their res_ .c _ivc. successors and assigns. l nrI IJ i� 9 . Thi. , Agreement shall be recorded -,rnong the real • �, A•' .I 1 1iiAi t k 'tic property records of veld County, Colorado. II • Zn witness hereof, the parties have executed. this Agreement ,{ i °y lli 1� { f • thi-s 1`( Ij,. day of cisijfet--'____, 1990. . la�E l p 111 �} � : r1"' ROCKY MOUNTAIN A1L CAR, INC. DPC INDUSTRIES, INC. I w>4 ,I'9,.• I 11` r^: � i a'�MR �1 � L! {{ �� /`�� y • �t {r 1 .1. By: it/e----74,1 ,---- ' ' /lid. i t y,� , y � et/a/ / � � . • E ray: j } ; i,?: y Ron ay ar Diane Maynard l ) ' } ' 1 THE STATE liii-tii-rej S •6 �5•4 i S 1 � T i s' .R COUNTY OF f.�X'J_L-LIiCCLr� 5n� + Y yf 11 Y . h s /instrument was ackn ed before me o h© day 0 1 M4{ o 0 - . e,v _, 1990, by L2 Inc. , .�,Q_ f2--CcoL )I '�q, I� Mw I o Rocky Mountain Rail Car, a 2-,l corporation, on ti U } ii' behalf of said corporation. � Grp , 1. r F', rf' Notary Public in and for i' C' i t ft` ��pPy PU�!�C The State of T\ors ere-ta-t-"--""' + $c it-I ! ic'''• 0fL011F.EC Printed Nameski.e.ecf C Stiyvr,e� { I p } r , �EYUEA My Commssion Expires: S/d-/91G Ic o, rQJ 'w4 di `thirA ii E O....... Cfraq Y1 1 }I I r: e Ya ,. 'FI 1�' r f t 6 r ill: . { t ra : r:4; , •r r ,Ip $WITCftING AND EASEMENT AGREEMENT $.Aral'�`2 l qy ll Y 1 iK�+ li . 1' � ,,I I .:•' . II I Y 1 . 1 1 `1 F ;,i,,,,,,1/2i ,,,, 4. 1. � i ' �� I 1 I t: ( t 1 'fy fI' { I . Y Y 1 1- M ' • t I I e I r r :ii, i� , �1, I i�r 1 0 ' )� I f� d 1 1 ; P)"1"i{fF,: l � 1•,� 4 � • r 7�.i Y -��, � ' u i4. Eva 64 . s i!',r ,, Oi ltk )it irr 0 3 aI 11, i ,+h Ikrkr , 1 el 4t'. 1+1*A 1'iit fol ? I#ll, T.,„4„,,It I�„ A " ., q `` t ( I L' i s r��i+ii Y•�yy P.o- 1' gg �� q tY; ��p k 1 + � "v § +d'ih gStjd �4i F' v+ v� $ S' 6 F le till≥ ,1. 14, I& ,q 1. aa t l' ,i, . t " g ��v!t ,v ,,4.„, 1�I� �E� �u t r i t y S I l iF'' q s� OA� ;e q"' y� r t' if-':. 1 Y � I � i II C i l i F.� ' qqv //y C,4? ,1 I iG 'e 1 t ;�pr �� '9y � � � I!4 tt�� st tIA i A , L{ 11 41 t A rl §Ft' <i4 � � Y Ir i+'I: i• .. § k� '4 t't'�� '... i t' , i� , V it" tr« t "',kill )i i itI . i ,, 7 yg, Yarz, , c:Lit I rd � b4�tt 1 lit" , r. AJ � f•;€ it d9• �.'I I ilii3 :I:lc,: P I° i,,i�it I ] i -c : I 0 3.1, 76:( L }. : II 'gyp P "II? � �1 != C ;;'ILL' t1 t 'II T : z ,ask: S A1.., 1 •[- hlir: J , :C1 �g�Ili111Y 1 I Hull' il 8':� •'HE S ?'Pi C t 4 ( l,[, to COi YPt 01 _ I / ._ la., I... N.' 1a 9 ryi: ii t rune yt .:a ] ack ., iu:ridged geI l ��i pot:23-e e ,gip 1 thi +i,iy 41 i J + f I ri L6 !r 1' 'IC by ',E / J' LA. 1 �4' i'lid i Id it I " In iF Of )F : Ir di r:.e , 1ru-, ❑ t Ei +. , cam. .t r.totit _t'II r on Delia. f c t tI'Li I VX 1 tpot said corpoz : !! r' .1 , ,t >•i Nc Lary Publ ic�in an_l 1;'ot ��, -- ll,ip 1 it ' Y g O LORE" C The State of Texan C Y? d� °A I ii`(1 y� 4 q SNYDER O,t' P 'ic tc.d Name: ::. {y ill ‘ 0:.0O2, M_( Commission Ex r �- s:___-` ` �` P Ii.",' t(E�' t n THE STATE or `'L'( , ird § A4•,13 r� §r ?ref COUNTY or • ,.l.,t q ,-v S 1.J ( �t 441. % — -- it�l IV - Th,,}}'d_instrument was acknowledged before me on the �� day �rQ ( 1 i I' ll' A 1 of, ) 9' c46 , 1990, by Ron Maynard. i1i�� ' o a 1 , t �a�Y ��Bli r1�t C e �rA . ... ,_1y Clrl'-`� (Ili t ` t Notary Public ih and for II 1 1 I DELORES C r The State of Qexan (.1-/.&-e-.i.o.-c �� I "7 f III r 1 SNYDER I + 'or Printed Name: i rY� � yi, y. 4„ l',Yr.."... :QP� My Commission Expires:/ ILL(.,C 4 Q. 'I i OF C5 Ili„.S .1 _ k 1 rl 1 L i � sr ; A THE STATt O Ict =Q'�r`'7, S I II i S �II(N :::: COUNTY, 01 ce-•cil_1J S rill 1.l i- I �r ' f '�h u�,i�nstrument was acknowledged before me on the day . (, ii 1 o i/�'iC'4'-�ti 1990, by Diane Maynard. Ir(Ii�� ta ,'� f yl'it'1 .t p('`�,PUg Notary Public in and for � � 9i° S+ -<C The State of Texas I + 1 III �:' lir i ',1 4 . ' OELORES C. Printed Name: l+€• its a• I�i SNYDER My Commission Expiress_3/J�9 V ,lt", + ;s• Nom§... i t'. IC' 90073 So c.-`2:< lji_ ?e v 1,• O�FCD iIII �I q 7 4 rl it '' fE '"l ,, i tt,, v , r $WITCHING AND EASEMENTJAGREEMENT ;zA E 6 'l 7 1 1 q 1 1 4 , P �.7�a.+1.' 1'�s E I ` II,l' l I.I. Ct, `t I f . i �i 1 y t I @ ' kt III r1 4 -Az y�i II'_ Ia " I ' rn 1." tlp ti , +in , 4t, 9cnitt ,rr ta~ e m " rlfit 11&f .- r , f -.: ,, '101ip " >, s ,1 o, O 1t� !: l 3 `'�f?plp�i °,F-'l ii, I. N,i T ( e hI " lir"If " `u' �,'t �t 4 I �i ,{,:.' ait. I' ,t' .i1 , tRr` ., lfif 9 ', / r 44 ,l° � t�tl !II' F ., I )q 4 fl` -}��,� LI't,i c i r ' 'V! �i Ah i " 0t �' • • '',. ...4:4.1t, ! '"i ti"+ cps p i tf$' r . . 3 i 7� i• , s'1{ it VA tP 7rt , t.. r , h .: I ,, ," # If g ;1 I y I A 41 ti I 31 t 0_231', r4 10/31/9,l 16 C1 p4i )(I 1/()(r , t 4ir: ' 1.1,,4rlF:1'4. DfS IVA 'RZ IIO,:•t t?ram, The Po:cyKNtr.. 06a 81'4'( 's sue 1by I [ ; F ,..d,I,�,,1t1 t �frfi • f 1r YF`w t '� So_- ''y rub ;Ida any Ccmr�ny, dated Apr? 4 1970.) ' � 'p � � • A'0 w4 t tat yS f( j r ,' ,' tA - That nor o' Section 35, Towr.•hlp 2 North, Range 65 West of the _ Fi, l f tt'+a >ix''h Principal Metlea.n, Weld. County, Colorado described as: ',hr,' IM h o '4 is j beginning at the Southeast Career said Section 36, thenc 9 1 ill;` t(i ' I'Y 114i,i 100 -30'W along the east line said Section 35 a distance of ' �;, r F, r, e i 1692.0' feet to the True Point of Beginning. 'hence 589'54'38-W , �I . ' i'r, pora/el with (ho south lino said Section 36 a distance of 4 ti• Y 4, 3376.5; feet to a point 50.00 feet east of the easterly right-of- '( f t s " i 1, • ,,ti. nay Ina of the Vurlington Northern Railroad, thence N48`03'28E e !Tole ,+t. i ,4I : parallel with said easterly right-of-way line a distance .3778.15 fr ., I i w ,, 3 �,'I I feat to a point on the south right-of way line of Weld County f f ti :i , ar; i i"4q Road No. 16, thence 555 08'47t along said south right-of-way k iii i ' 'V. Ikt lino a distance of 1144.83 feet to a point cn the east line sold ' ''Ih 1 tu,r Section 36. thence S00`21'00E along ,said east line a distance of + SE yyy i i " 1415.91 feet to the True Point of Beginning. h°I I ^ 4r y� � rEa V Ccntalns 100.000 Acres more or less including county road rights- I� 1 , 1 ' i4 ti ?. t t , of-way, f i u f c4 This parcel Is subject to county road rights-of--way. ) i i; gia.t- Basis for bearings: The south line Section 36, Township 2 North, t L. I Tt1d ',. Range 65 West is assumed to be 5895438'W. 1,1'�, ;3I ;i ,i tilt' NOTICE: According to Colorado law you must commence any legal ' ll',ififrfreg 1. ,•, action based upon any defect In this survey within three years j TT'r4 a " 1,'I try` 1 after you first discover such defect In no event may any action i , iii" 9 t I t h Zed upon any defect hi this surusy bet commenced more than ten ,t v n , years from the dote a' certification shown hereon get ? a i 7 t' " p t . i y �t i s 1 CERTIFICATE OF StntkEl. `11 1 , I . • F, To Security Title Guaranty Company, DPC Industries, Inc. and Ron PFD lit 1;4 t, ' ' A J•4q and Diane Maynard: t it., k { �. ,4r4 This is to certify that this mop or plat and the survey on which s� ;it"' 1`4 •I "l k 4 it is based were made in accordance with 'Minimum Standard Detail t i ' 1 14 zy lr ! requirements of ALTA/ACSM Land Title Surveys,' jointly 1 ' '(ry t 4,. ! t4�i! established and adopted by ALTA and ACSM in 1988 meets the - It +acc '. � d •I .'t anduincludesacy gItemsnts 1. 2,f 4, Class 9. and vay12b. 12c and 12dned eof Table r�' µ' 1t'tt 4j`pI t '. d11�� ,, ,�� 3 thereof. 4 "R I , '1 (t,l .• z' ( - i" iii Aa8 a ?. rF, . . 1 k 4 �`' k . `i , t y Curt E. Acklarn, PLS No. 23027 -- t 4 df4l 1 '1fr 1: (For and on behalf of Ack/arn & Associates. Inc.) . ', ,i E. iris: ,r ,i 9,id Job No. 9154 Date: ' 1 0 The foi7owing notes are mode a.part of the foregoing ; ,} ',' f 4 j- t", ( t certification: : i s 'litl,i: 444 i it. rt I ',,Il I ' ,p;` 1) This land survey plat was prepared for the Intended use of i + ' �� ` f,': transferring title. (, 41 4F, ;„1 y�4. . 2) This land survey plot and the Information hereon, may rat be used 94r' Its3 1}'t.. 1, , for cny additional or extended purposes beyond that for which it , t 3 '°li I, was Intended and may not be used by any parties other than those - <, ' E t-t I, ;,. i �,, to which it is certified. d,, ,,Z d„ cF�t M i r• r?,: 3) This survey does.not_'act}lstitutaao '-'YRIe"_searchhs-�y a rr 1w ` . Ott "I ,, �, ; • s Associates, Inc. of the property shown and described hereon to k ', I for cny additional or extended purposes beyond that for which it iv, was intended and may not be used by any parties other than those ),:tr7, .1 ' to which it is certified. 'k. ,• 3) This survey does not constitute.: a '*title_search by'Acklan it r5 t Associates. Inc. of the property shown and described hereon to ; . IV determine ownership of this tract of land, compatibility of the ' , a i j description with those of adjacent tracts of land or rights-of- � 4f ,y. way, easements and encumberances of record affecting this tract 1 *,�;. n 6 of land. 'el I 1 ,,' COUNTY SURVEYOR'S CERTIFICATE: II,h r ° Deposited this day of . f2_ at_____AL in ' 8 ', 1/x, Book of the county surveyor's land survey plots/right-of- ,. . 1 w 1 way surveys at pogo , reception number ' ', kr£t This land survey plot complies with Section 38-51-102, Colorado ill' j Revised Statutes. „,i ' , ? ' County Surveyor i 11 . � { I ',I ? Iii. LEGEND: 1 �a' ,,1iie •—Denotes Existing No. 4 Rebar and Cap - LS Ne 23027 jI ? I " 0—Denotes No. 4 Rebar and Cop - Set - LS No. 23027 AO�� ,1�{1 [kit 5,r—x—Denotes Existing Fence Line r , ',iiil ,' i# !{ .f P—P—Denotes Existing Overhead Powerline h'` , , 4 ilt�� . ' , II II , ,'fir , C'C / /' C 1t /.., t':, - 40`f ' /, //7 / Sr_> �6.i- it, 'irl • i D i Cor. Sec./ I ,' a?... ; j� (Existing No. �� i0 '' " m • rt M "' 4 rR. { '`? tr `3 414 WF '� #₹I;i. ! }'. -.0,..14^ + G �, � 'S' • �F3� , a @f a! t. � �1 TNs property is sw,ect to: AL TA/A CS' i ' _ ,i,eii I) Rights-of-way for county roods 30 feet :via al Dort) DUO of 1 I; oi4 I section ono townsh4) ties as estoblahed by Grist of the Board of Canty CdrrrrIssi nrs for told Canty. recorded October N. UL 4.1�41 1089 in Book 86 of Pogo 271 (Port a Item 2 et TTtk+ Carm+ltnwtt - ' This affects the: oast 30.00 foot of this prep rtY) 1 , 4?if i,. 2) Al rights to any cad d mh.rotx ore aid motob of any kind ' '.A :I, ' aid character. and el coot osphdh►n at got old Other Ike ' o ' k n.bstmcss h area tndor sold last the rights of hgnas aid e a l4 I ' pass for the pirpos• of mining, together with enough of S. • 4 . s1�'. futon, of Se sane os msy be nice?fay for Die proper ad . 1 } II 1 convenient working of such minerals at sa.bstrrn; of reserved y ,,tr 1 {% I, in Potait from In. Stoto of Colorado. record-I ftugeat S 1944 h 1 ^I et ' ,' Boric 1115 at Page 39. (Phut a :tern 3 ol flab Orrrnitrn.,t - i ,-'.i 44 1 'i. S ' Affects Section 36) +,y ,` ` 3) h Any right*. interest or easements favor of the r�argon i• •I:A•41 • I _d 'I) fir. owns, the State of Colorado. the Lilted States of America or , { tr• 8 ' the general public. w c. which exist. have .dst d or antdanr»d to III wt. t. 1 f exist h aid over the waters and proven( aid past bed aid ban • F , .}.2 a+ 1, of Box Die- Creek. (Art a Item 5 of Tito Ccmriltrnent). d' f °s 1 J: 4) Right of way for canty or pitsic road as dscbsed by Right i ,t' i ;1'.. of Way Na 63& Book 4 Flo Na C-4505 as sane b on Itwith , F 'I he &r.a, of Cared Star:gement at as svne may affect object 11 , y. (Port a Item 14 of Tltl. Carrhitrnent - This right-of way ,S` ins to tree Northwest of the But fiat Northern l Rood right- •iitt 1 1 , ,of-way and does not affect this proprly,) i 4 ' i iqy `' • .5) Title to my portion of abject property tyke; 5 g wed*: . 200 tl i I toot right of way for the nlsthg railroad arising by virtu. of e r, l,, r I Who Corgressi nd Act of 1862 (Pert a Item C of TTTitle , Commitment - This does not affect this 130 acre parcel of bid.) . y i 6b' b 1 , d• iiIN !h ( 6) My Praterrights cr con i or tlta to voter, h on or u,or t# `' the and (Part a Item a of Tido Commitment.) 1 . j hb 114 , 7) The folowhg notices pursuant to CRS Y-L5-103 concerning ' 1 r. it Vderp'otnd foe ties have been Mod with tin. Clerk and ' �a 'h Records. Those statements are general aid do not neoessaly I , `. � ,� E xis kji give notice of t.nd.rground facilities within the subject : i (a) Mountain Bet T.Npriori. Carriers/. recorded October 1941 h Book 949 as Reception tea 1470705 (b) PtSc Service �' CYrpviy of Colorado recorded Aovvnter 9. 1901 h Cook 952 m - 1.'1 z.. �Rreptbn Na 1074084. (c) Western Slope Uan Cospany re ordd re' 9. 1903 h Book 990 as Reception lea 919-57. (a) Calmed • ` t Z' terstot. Gas Company. recorded Awn! lI 1964 h Book 1041 as • r • t«. c it Reception Pb. 1979784. (e) Associated NOtvd Oo^.t Inc. recorded „ { C Nrr 23, 1986 h Book 1110 as Rocepton Mo. 2O O952 (f) I -•`n .# it Pfnhatd. Eastern Poe Line Cor pony. retire ed At* 2K 1906 h Cc+/ i 7 I Is Bmk f117 as Reception Na 2058722 (Pat a %tern 7 of TTW % 1_ t <:1.'11"11. �y' •r t.) RopresentatMs for each of The aiors .otitis, ��' t' 111+ t ..e..,.,tJed to hgA.s concerning the eiamD a as of any f ., W, • grand facilities existing on this poreel and d 4idcttt►d /'• / a ' i$ 4j. I '_. • • .4st.d except for the Akxntah Bel Telephone Cortpary (� ' e . 'nu. Cpon.US tesrs responses at ndf s Ties* plat / r:41"I' aa t" 0 : be forworded I ( 1 "- I / b (114I',11i C'I I . lei : y { y a 1 61. x',2 r, # I ° West). Upon U.S. West's response, on amended survey plat be forwarded. J/ , Ki,. I i{(} .- • ihy Ti::.,}!r iP I ti'•'ii , i a V1ft0h 1 f a i /1'60 40 °° et �� j •�p 2SI. � �(,° ` �" ill, f liej��y o � fl. ��i. P finals v.& • ..or n Ile ,..4 . 1, 1 �° f" caoj .� s,,a b►.q a ii‘gr4p-tett hoe 1 II to oil/ ��/ �� C�� •° h .� 4 1�7 ! I�sl, l. le.fr �,. �/ x• , rtin ��Aortglatit€ i`91I ,-. t It </ i r J. ! 5 R �' �� South ion e -half Se Q, iril J a' f4' po i, `o �° Ai z.. i.; " )PROPOSED LEGAL DESCRIPITO I:i 4 / 4 ., s i ,fir A 50 foot Ingress-Egress `{f a6 each side' of following , ! , f.��yi� Section 36; Township 2 Not t fqi, a K/ ' Principal'Meridian Weld toc. .i' f G' y at the Southeast ' corners hc+, n t. s. the east line�rsbid Sectfot ,, 9. S89 54l8'W pbraf�� Yhc if' distance of 337&5° est y to , I easterly right of-way lint !I 36, T.2N., R.65 W. thence aN48 03'28'E'frp P ,i " a dlstaxe of f506•61 Jr ti,. N4f 56'32'W a distance $f `aye f w Rebar and Cap) 4%.''''"';:-> right-of-way line,";o th '" B il ,� being the point 4P,1, _ e , '� x �„,�� , y iii Contains 2500 squrn'e� feet , Y 4 y f South Line' S 1/2;Sea 36, T.214.. R.65h ' 961.67Z' ', li 4 :T t Y 1bWntY"n vx,xpaxw.,+n+ ✓f rye p.�.yc Y1"•w' .vftlt^g4y i e'yV3Y p+"Wt�+, r�'tnliyy ilrlt,f ;'7,'rti' t , t� r Y 'fe a p �� W I�b p}P,yQ� ":74N-4,414',,,T, ( y' I❑[ppp�, {q �� x x F9E.i� �� y'� �1 Pr'N"�.+LIS�JY 4� dly'1f .11 �1� �F@t^ 1 �� F� �1. x r , ,v si -Wk, '' 1A , + Y4 °: ter sxr P1 ,.L �pu . +Y„' ` 'i'l,{pay ' F '' 4 b > + ,¢ � 'I, ,� v„ , t°; 1+ t" ; M +,;nr nor < ,---4.�4 '��+ ''v.+ r rt �,rwav ry �. i lel r s ♦r i rb''''-:*,:,4,s,',1 x w tf ''.7 yr ..yy'} �� ' t 1. f • x r,4; ' i` t ' z r^ '�.:+r 1?' 'r' (� MI L N DzS a ;. h - , , . ., ._, ' o lIto 4l ,.i ., ,;,te.‘,..,. !, ,I i'' ,i � 1 �� 1 Si ., + i I i Scale:, lit Fl r, : . " Opp / 600 F ly •�? . 4 i + E • )" r Y 0. } t i � 11 �£ , iEM1 {6 � I k 1 is v e''''': + v r !1 ;. n Y.' t t f 3yf •:-\ - / f;' �•'t. s I•" ' ; IIIIIII ! nspti ii { a in • is) (l� � � ,y 9 ncv y� D•' Yi 4 ..1 {F E `x,A n �lr' �" I ill 1 CI RO a, 7 4 �I ,�! v. i�i '•'` • 1 f ° i t �i a c" r 7 '+ ti`,- v 1 e+FfTF� t �, i' I k' / C� E'4 txt+t..j .I'4,.4"-....;"`"..1;.',:;`,9'. t , E, •,,,;,";01,-,,k;',, A x I P!'. :E IN �+ { / • H 49 •fit. il �'o. t�trans . 1000 000 �AcF. ¢� r'� _ t �'r x �K a • t xis` e s.„.41 y,) , , N w n frog ;e1 .4,x r + , - y F ".ems g 18 }iii ' 5M1 • l.. �� r v a -i T Y ' �r**{{° �e�aY"' t ! S; 1or i.I •7 , . , - ,,, 9 �-ti t y • yt ea , ,I Ii,,10-' ddk»ot rd on FFto d of R N Yea f pal. ,Mi S 89'54'38' W - 337650 i lit M 'S 'N ii F ;Ca lk kertitt.1 �q 5 „ r a III. ii ! I ,i r. iu s r ' M 1 1 1 w: U >hi 2 North c I ill ion 36 Town , ;, i � ! ) d utility Easement lying 25 feet on ri 'ascribed centerline being a part of i „ Range 65 West of the Sixth i ibl I •,'•, ity. Colorado described as: Beginning I J I Section 36 thence N00 21'30-W along `4 M ." 5 a distance of 1692.07 feet. thence If south line sold Section 36 a ( i i' a point 50.00 feet east of the ;f' k i I the Burlington Northern Railroad, , with said easterly right-of-way line !' o the True Point of Beginning thence _`' 00 feet to a point on the easterly , i rlington Northern Railroad. said point • i a ore or loss. 1 T. 2N. y-----------^-----------_...----------------S-89'5478• W--------------------� j` ' T. 1N• , . Description of Revisions No. Date Pii tt' P /464470 400 yestv a /..o OC..w _Z /-/I-40 4 era •V_a a s-as-r'_ , , .ttte:4__ '1 Sas-* e 1 +. 9616 Pt"d .,.r,' -7 �y s a r, � y. -. . r� ' tk�➢i''�!/ '��+z�� R�� Y^�fIs i �� °� /�" ` � �� 37 g��w $ . y'7 e . Y 9' +, n ' . . • II I h Dhoti Y<' `4„ *?' 1' 1( i� CSI p i, <,....,.....ti, �Q 147eL-IC . ',R B . - '�a, �an t 4 i 4, 1 ,, p .c../2...., IPI exi,..04,8... -.4-.dG..Q.c�uu +4A : \ 4, 1. ( E I1 h � r r C 1 i I' uI 'I ! .7 f 1/4 Coy. Sec. 36 L2N.. R.65W.- I i 1 I y (Ex. 3 1/2' Capped Monument) I �Z 1 Y �mo.,/Se,Trsc G2..,� N .I I p Y �i `° I I o . Y t • II ; y Y �i , t G I lit es more or less ai - I !/� r1 v 1 .---'7.--------.<41/4\ I 1 ,,,, .e..,cate , \ s a V f i / Mk T.� �„To I [ , .961 Li!2 s-�•'. y 1 I 3. I \Aso I i .a52 \ . I: Aern, it I NT� ti' v6 i 1 Ill \ .4%,...e. ,....-7- :74' O I i �, a Il dC t I su I „ 1 6 ' { I t i I r . r 65 West j % 4,,, I i ii • f* 1 Y1 4 \I 1 .� 'ti'i 1 i t1 L .O ,Aq, ,:, i t to •i, 4;O1 ' Y E -4, Sec. 36, T.2N., R.65W. i r � . i,r (Existing 1 " Rebar) +, ' 4 tY 3 44 a 316'72 .` . t ACBLAM a ASSOCIATES, INC. 90(.WARr SLRVEY - PART O' SECTION 34 TOWNSHIP 2 NOR 3 • P.O. Box 795 15 No. 12th Avenue /W ' 65 IMEST, WEto, CotNTr, Gx.ORADO kid I' 9r1 hton, Colorado 80601 %``:.'4I B kale t lle No. gook P Date 303-659-8546 r - 209 1 as-2ks-u I xw aai I DEC. 4 - , I hereby certify that the within instrument is a true duplicate of the Original filed in my office. Witness my hand and official seal this /9 day of 41./ / L9 io Weld County Clerk and Recorder eld Canty, Colorado, // By 1 BE C - ik'oJ Deputy Hello