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Home My WebLink About20242859.tiffCHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION {Attach additional sheets if necessary) Is the property currently in violation? til No / II Yes Violation Case Number: Site Address: TBD Parcel Numbers: 9 5 7 2 0 1 0 0 0 0 4 MPS SEM Legal Description: See attached new deed Section: 20 , Township 05 N, Range 67 W # of Lots: 1 Total Acreage: 40 Floodpla€n: la No / II Yes Geological Hazard: No / aes Airport Overlay: flNo I Yes REZONING Existing Zone District(s): Ag Proposed Zone District: C_3 PROPERTY OWNER(S) (Attach additional sheets if necessary) Name: Harlan W Hankins Company: Hankins Farms LLC Phone #: (970) 302-6223 Email: Darrenhankirtsfarms.corn Street Address: 27001 COUNTY ROAD 17 City/State/Zip Johnstown, CO 80534 Code: APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name: Bob Demaree Company: Blackfoot Properties, LLC Phone #: (317) 306-9823 Email: bo b. dernaree@kw. com Street Address: 1142 Judson St Cify/StatefZip Longmont, CO 80501 Code: I (We) hereby depose and state under penalties of perjury that all statements: proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signato has the le al authority to sign for the corporation. etesa z.e4 Signature /1114 r r-) 19norols--J 'ft) 5 Dat- Signature Date Print Print 911o/2i 7 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM l � (We), Harlan WHankins gire permission to Bob Demaree (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Weld county parcel #1095720100004 Legal Description: of Section 02 , Township c5 N, Range 67 Subdivision Name: Property Owners Information: Address: 27001 County Road 17, Johnstown, CO 80534 Lot Block (970) 302-6223 Phone: E-mail. Darrenhankinstarms.com Authorized Agent)Applicant Contact Information: Address: 1142 Judson Street, Longmont, CO 80501 (317) 306-9823 Phone: bob.demaree@kw.com kw.com E -Mail: Correspondence to be sent to: Owner Authorized Agent/Applicant by: Mail Email Additional Info: Please include michael.dente a@kw.com, bob.demaree@kw.com and pagoda.mapping@gmail.com in all correspondence I (Wej hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date L -0z) 2 if Date Owner Signature Owner Signature Subscribed and sworn to before me this day of tA G t cti n \xit ("awl HUAI/ th S My commission expires �"u Zs z o2 4 } MARIA I DIAZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20234026203 COMMISSION EXPIRES JULY 12, 2027 • Avi °71941. Notary Public 20 by 07/22 9 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM Harlan W Hankins Bob Choate I, (We), , give permission to (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Weld county parcel #1095720100004 Legal Description: of Section �� , Township 05 N,. Range 67 ' V Subdivision Name: Property Owners Information: Address: 27001 County Road 17, Johnstown, Co 80534 Lot Block Phone: (970) 302-6223 E-mail: Darren@hankinstarms.com Authorized Agent/Applicant Contact Information: Address: 103 W Mountain Ave #200, Fort Collins, CO 80524 Phone: (970) 449-8120 c E -Mail: ba hoate cp2law.com Correspondence to be sent to: Owner 11 Authorized Agent/Applicant 01 by: Mail Email Additional Info: Please include michael.dente .kw.com, bob.demnaree@kw.com and pagoda.mapping@gmail.com in all correspondence I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Owner Signature DateiJl7 f zo-� Date � � 'z Owner Signature Subscribed and sworn to before me this k. a day of U� ("Ai I (AI\ t iii `l i► Cc ►n T My commission expires \-Wy 1 al D0,927 Y MARIA I DIAZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20234026203 xMMlSSION EXPIRES JULY 12, 2027 _,L •salminvisne 4 ;1 Notary Public Za a Li by 07/22 9 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM Harlan W Hankins Michael Dente I, (We), , give permission to (Owner -- please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Weld county parcel #109572010►0004 Legal Description: _ of Section 20 , p Townshi 05 N, Range 67 V11 Subdivision Name: PropertyOwners Information: Address: 27001 County Road 17, Johnstown, CO 80534 Lot Block Phone: (970) 302-6223 E-mail: Darren@hankinsfarms.com Authorized Agent/Applicant Contact Information: Address: 1142 Judson Street, Longmont, CO 80501 Phone: (720) 841-7275 E -Mail: michael.dente@kw.com Correspondence to be sent to: Owner I Authorized Agent/Applicant 1:1 by: Mail II Email Additional Info: Please include michael.dente@kwacom, bob.demaree@kw.com and pagoda.mapping@gmail.com in all correspondence I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date Lit ziti 2 ! Owner Signature Owner Signature Subscribed and sworn to before me this ageday of kki \r1/41 4„ CIL trI VA,) 1,_) 1/4 Q ben \liabkt riC My commission expires , at It 2-4 MARIA I DIAZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20234026203 WY COMMISSION EXPIRES JULY 12, 2027 4 R�' rA Date 20 -rig by Notary Public 07/22 9 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM Harlan W Hankins Michael Hall I, (We), , give permission to (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Weld county parcel #1005720100004 Legal Description: of Section 20 , Township 05 N, Range 67 W Subdivision Name: Lot Block Property Owners Information: Address: 27001 County Road 17, Johnstown, CO 80534 Phone: (970) 302-6223 E-mail: Darrenhankinsfarrns.com Authorized Agent/Applicant Contact Information: 1142 Judson Street, Longmont, CO 80501 Address: Phone: (97 0) 391-9585 E -flail: pagoda.mapping@grnail.com Correspondence to be sent to: Owner 0 Authorized Agent/Appiicanby: Mail Email Additional Info: Please include michael.dente r kw.com, bob.demaree@kw.com akw.com and pagada.mapping@gmail.com in all correspondence I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. 122,-.� ate• 1C7L---ret Date gin/ ze,z Date Owner Signature Owner Signature Subscribed and sworn to before me this t Z. day of n INN (1,,Wit)-in_WN HCIv)k, (NS. My commission expires �v tom{ 1vZ � 7aG�4-q fJ MARIA I DIAZ NOTARY PUBLIC STATE OF COLORADO l NOTARY ID 20234026203 MY COMMISSION EXPIRES JULY 12, 2027 flp C.,ilk , 20 02eq, by Notary Public 07/22 9 Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit ww-w.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. $125.00 S 25.00 Colorado Secretary of State Date and Time: 12/06/2006 08:19 AM Id Number: 20061496400 Document number: 20061496400 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to §7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes (C.R.S) 1. Entity name: HANKINS N S FARMS, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company ", "ltd. liability company ", "limited liability co. ", "ltd. liability co.", "limited", "llc ", "l.l.c. ", or "ltd. " §7-90-601, C.R.S.) 2. Use of Restricted Words at any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box) : "bank" or "trust" or any derivative thereof "credit union" "savings and loan" "insurance", "casualty", "mutual", or "surety" 3. Principal office street address: 26997 Weld County Rd 17 4. Principal office mailing address (Street name and number) Johnstown CO 80534 (City) (State (Postal/Zip Code) United States (Province — if applicable) (Country — if not US) (if different from above): (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — if applicable) (Country — if not. US) 5. Registered agent name (if an individual): (Last) (First) OR (if a business organization): STK Registered Agent, Inc. 6. The person identified above as registered agent has consented to being so appointed. 7. Registered agent street address: 1050 Seventeenth St. (Street name and number) Suite 2300 (Middle) (S2uf 9 Denver CO 80265 (Cu)) (State) (Postal/Zip Code) ARTORG_LLC Page 1 of 3 Rev. 11/16/2005 8. Registered agent mailing address (if different from above): 9. Name(s) and mailing address(es) of person(s) forming the limited liability company: (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — if applicable) (Country — if not US) (if an individual) Schmidt OR (if a business organization) (if an individual) OR (if a business organization) (if an individual) OR (if a business organization) John S (Last) (First) (Middle) (Suffix) 9225 Indian Creek Pkwy Bldg. #32 (S `u ife I 1T/dumber or Post Office Box information) Overland Park KS 66210 (City) U n(i ed States (Postal/Zip Code) (Province — if applicable) (Country — if not US) (Last) (First) (Middle) (Suffix) (Street name and number or Post Office Box information) (City) U n(Itetd' States (Postal/Zip Code) (Province — if applicable) (Country — if not US) (Last) (First) (Middle) (Suffix) (Street name and number or Post Office Box information) (City) Uni(' States tate (Postal/Zip Code) ed (Province — if applicable) (Country — if not. US) (If more than three persons are forming the limited liability company, mark this box U and include an attachment stating the true names and mailing addresses of all additional persons forming the limited liability company) 10. The management of the limited liability company is vested in managers OR is vested in the members 11. There is at least one member of the limited liability company. 1 ARTORG_LLC Page 2 of 3 Rev. 11/16/2005 12. (Optional) Delayed effective date: (mm/dd/yyyy) 13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box ❑ and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 14. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Schmidt John S (Last) (First) 9225 Indian Creek Pkwy (Middle) (Suffix) Bldg. #32 Stu ite i ao 1mber or Post Office Box information) Overland Park KS 66210 (City) U n(I?dtS' States (Postal/Zip Code) (Province — if applicable) (Country — if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTORG_LLC Page 3 of 3 Rev. 11/16/2005 OPERATING AGREEMENT OF HANKINS FARMS, LLC (a Colorado Limited Liability Company) THIS OPERATING AGREEMENT is entered into and effective as of December 6, 2006, by, between, and among those persons executing, this Operating Agreement and Exhibit A hereto, and those other parties who from time to time execute this Operating Agreement or counterparts hereof as members and whose names are listed on an exhibit to this Operating Agreement and those other parties who comply with any other conditions for becoming a member as set forth herein and are recorded as a member in the minutes and records of this limited liability company. NOW, THEREFORE, in consideration of the premises and the terms and conditions hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms used in this Operating Agreement shall have the following meanings(unless otherwise expressly provided herein): (a) "Additional Member" shall mean any Person or Entity who or which is admitted to the Company as an Additional Member pursuant to Article 10 of this Operating Agreement. (b) "Affiliate" means, with respect to any Person, (I) any Person directly or indirectly controlling, controlled by or under common control with such Person, (ii) any Person owning or controlling ten. percent (10%) or more ofthe outstanding voting interests of such Person, (iii) any officer, director, manager, member or general partner of such Person, or (iv) any Person who is an officer, director, general partner, trustee, or holder of ten percent (10%) or more of the voting interests of any Person described in clauses (i) through (iii) of this sentence. For purposes of this definition, the term "controls," "is controlled by," or "is under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise. (c) "Capital Account" as of any given date shall mean the Capital Contribution to the Company by a Member as adjusted pursuant to Article 7. (d) "Capital Contribution" shall mean any contribution to the capital of the Company in cash, property, services rendered or a promissory note or other obligation to contribute cash or property or to perform services by a Member whenever made. "Initial Capital Contribution" shall mean the initial contribution to the capital of the Company pursuant to this Operating Agreement. (e) "Code" shall mean the Internal Revenue Code of 1986, as amended, or 1 1984472.3 corresponding provisions of subsequent superseding federal revenue laws. (0 "Colorado Act" shall mean the Colorado Limited Liability Company Act, as amended. (g) "Com" shall refer to Hankins Farms, LLC. (h) "Distributable Cash" means all cash, revenues and funds received by the Company from Company operations, less the sum of the following to the extent paid or set aside by the Company: (i) all principal and interest payments on indebtedness of the Company and all other sums paid to lenders; (ii) all cash expenditures incurred incident to the normal operation of the Company's business; and (iv) such cash reserves as the Manager deems reasonably necessary to the proper operation of the Company's business. (i) "Economic Interest Owner" is the purchaser, transferee or assignee of a Member's Interest that was not approved as a Substitute Member pursuant to Paragraph 9.1 hereof, or a Member that has ceased to be a Member due to an event of withdrawal, not involving the transfer of a Member's Interest. (j) "Entity" shall mean any general partnership, limited partnership, limited liability company, corporation. joint venture, trust, business trust, cooperative or association. (k) "Fiscal Year" means the Company's Fiscal Year, which shall be the calendar year. (1) "Interest" shall mean with respect to any Member, such Member's interest in the Company as determined under this Operating Agreement. (rn) "Manager or Managers" shall mean one or more managers. Specifically, Manager shall mean Harlan W. Hankie and any other Persons or Entity that succeeds said Manager in that capacity. (n) "Member" shall mean each of the parties who executes a counterpart of this Operating Agreement as a Member and each of the parties who may hereafter become Additional or Substituted Members and each of the parties who may hereafter become a Member without executing this Operating Agreement, when such party's admission is reflected in the records of the Company. The term "Member" shall also be deemed to include any individual who holds title to his or her Interest in the Company through a revocable inter vivos trust. (For example, the death of such individual would constitute the death of a Member for the purposes of this Operating Agreement) To the extent a Manager has purchased Interests in the Company, such Manager will have all the rights of a Member with respect to such Interests, and the term "Member" as used herein shall include a Manager to the extent such Manager has purchased such Interests in the Company. (o) "Operating Agreement" shall mean this Operating Agreement as originally 2 1984472.3 executed and as amended from time to time. (p) "P&L Percentage" shall mean each Member's share of each item of income, gain, loss, deduction, and credit as set forth on Exhibit A of this Operating Agreement, as amended. (q) "Person" shall mean any individual or Entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such Person where the context so permits. (r) "Selling Member" shall mean any Member which sells, assigns, hypothecates, pledges or otherwise transfers all or any portion of its rights of membership in the Company, including both economic and voting rights. (s) "Substitute Member" shall mean any Person or Entity who or which is admitted to the Company with all the rights of a Member who has sold, transferred or assigned their interest in the Company to such Person or Entity, with the approval of the Members of the Company pursuant to Article 9 of this Operating Agreement. (t) "Tax Matters Partner" shall initially be the following Member, Harlan P. Hankins, who shall serve as the initial "tax matters partner" for the Company, as defined by the Code, until a successor is selected by the Manager. (u) "Voting Percentage" shall mean the percentage of votes of each Member as set forth on Exhibit A of this Operating Agreement. ARTICLE 2 FORMATION OF COMPANY 2.1 Formation. The Articles of Organization and this Operating Agreement are hereby adopted by and between the undersigned Members of Hankins Farms, LLC, organized as a Colorado Limited Liability Company under and pursuant to the Colorado Act, as of the effective date first written above. 2.2 Name. The name of the Company is Hankins Farms, LLC. 2.3 Principal Place of Business. The principal place of business of the Company within the State of Colorado shall be c10 Harlan P. Hankins, 26997 Weld County Rd 17, Johnstown, CO 80534. The Company may locate its places of business and registered office at any other place or places as the Manager may from time to time deem advisable. 2.4 Registered Office and Registered Agent. The registered agent for the service of process and the registered office shall be that person and location reflected in the Articles of 3 1984472.3 Organization as filed in the office of the Colorado Secretary of State. The Members, may, from time to time, change the registered agent or office through appropriate filin s with the Colorado Secretary � of State. 2.5 Term. The term of the Company shall commence as of the filing date of the Articles of Organization and shall exist in perpetuity, unless the Company is earlier dissolved in accordance with either the provisions of this Operating Agreement or the Colorado Act. ARTICLE 3 PERMITTED BUSINESS OF COMPANY 3.1 Business Purpose. The business of the Company shall be: (_a) To provide formal management of family farming operations, to establish reasonable compensation for the Managers, to provide a succession plan that allows family farming business to continue operations intergenerationally, to establish a method by which annual gifts may be made without fractionalizing farm assets, to continue the ownership of family assets and restrict non -family persons from acquiring family assets, to provide protection to family assets from future creditor claims against family members, to promote the family's knowledge of and communication about family assets, and provide limited liability for Members; (b) To accomplish any lawful business whatsoever, or which shall at any time appear conducive to or expedient for the protection or benefit of the Company and its assets; (c) To exercise all other powers necessary to or reasonably connected with the Company's business which may be legally exercised by limited liability companies under the Colorado Act and the Company's Articles of Organization; and (d) To engage in all activities necessary, customary, convenient, or incident to any of the foregoing. ARTICLE 4 NAMES. ADDRESSES, AND CLASSES OF MEMBERS 4.1 Members. The names and addresses of the initial Members are as follows: Harlan P. Hankins 27001 Weld County Road 17 Johnstown, CO 80534 Harlan W. Hankins 27001 Weld County Road 17 Johnstown, CO 80534 4.2 Additional Members. Additional Members may be admitted in accordance with 4 1984472.3 Article 10. 4.3 Classes of Members. There shall be two (2) classes of Members in the Company: Class A Members and Class B /Ienibers. The relative rights and privileges of each Class of Members shall be as follows: (a) Class A Members shall hold an Interest in Company with all rights and privileges thereto and shall have the right to vote on any matter provided for herein or by law. The initial Class A Members shall be as set forth on Exhibit A ("Class A Membership Interest"). (b) Class B Members shall hold an interest in the Company with the same rights and privileges as the Class A Members except that Class B Members shall have no right to vote on any matter relating to the Company except as may be specifically provided hereunder. The initial Class B Members shall be as set forth on Exhibit A ("Class B Membership interest"). (c) Members may own interests in both Class A Membership Interests and Class B Membership Interests; however, Members who own interests only Class B Membership Interests shall have no right to vote upon any matters and shall have no right to participate in the management of the Company. ARTICLE 5 RIGHTS AND DUTIES OF MANAGERS 5.1 Management. The day-to-day affairs of the Company within the ordinary course of business shall be managed by its designated Manager. The Manager shall direct, manage, and control the day-to-day affairs of the Company to the best of his ability and shall have the authority, power, and discretion to make decisions and take actions in the ordinary course of business and to do those things within the authority of the Manager, as delegated by the Members. For purposes hereof, "ordinary course of business," shall mean those decisions and actions which are routine and customary and which are not reasonably expected to have a substantial and material effect upon the Company. If the Company has more than one Manager, any single Manager can act without the consent of the other Manager or Managers. 5.2 Number, Tenure and Qualifications. The initial Manager shall be Harlan W. Hankins. The number of Managers of the Company shall be fixed from time to time by resolution of the Members holding the majority of the Voting Percentage of the Company, but in no event shall there be less than one Manager. Each Manager shall hold office until the next annual meeting of Members or until such Manager's successor shall have been elected and qualified, or until the Manager is removed in accordance with Paragraph 53 hereof. 5.3 Decisions and Actions Reserved to the Members. Notwithstanding anything said herein to the contrary, the following decisions or actions shall be made or taken by, or at the direction of, the Members holding a majority of the Voting Percentage: (a) Require additional capital contributions from the Members; 5 1984472.3 (b) Adopt the annual capital or operating budget of the Company; (c) Incur or create any indebtedness, either directly or indirectly, through a guaranty (other than a refinancing of existing indebtedness), in any one transaction or a series of transactions, other than in the ordinary course of business; (d) Make capital expenditures or commitments for capital expenditures by the Company outside the ordinary course of business; (e) Authorize the sale, exchange, lease, assignment or other transfer of any assets where such transaction is not in the ordinary course of business, but in any event where such transaction is more than fifty percent (50%) of the total assets of the Company; (f) Dissolve the Company; (g) Terminate the business of the Company; (h) Pledge or encumber any assets of the Company other than in the ordinary course of business; (i) Acquire property from any Person or Entity not in the ordinary course of business. The fact that a Manager or Member is directly or indirectly affiliated or connected with any such Person or Entity shall not prohibit the Company from dealing with that Person or Entity, provided that full disclosure of the relationship is made to the Manager or other Members as the case may be; (i) Borrow money from the Company, from banks or other lending institutions, or from the Members or Affiliates of the Members; (k) Make long term investment decisions; or (1) Make any other decision or take any action which is reasonably expected to have a substantial or material effect upon the Company as contrasted with a decision or action that would be considered routine or in the ordinary course of business. 5.4 Duties of Manager. Without limiting the generality of Paragraph 5.1, the Manager shall have the power and authority and shall conduct, or cause to be conducted the following, on behalf of the Company: (a) Manage farming operations including, but not limited to, the planting, production, harvesting, and marketing of crops; (b) Maintain compliance with all government programs; 6 1984472.3 (c) Supervise all labor; (d;) Purchase liability and other insurance to protect the Company's property and business; (e) Invest any Company funds temporarily (by way of example but not limitation) in time deposits, short-term governmental obligations, commercial paper or other investments; (f) Execute and deliver on behalf of the Company instruments and documents in the ordinary course of business, including, without limitation, checks, drafts, notes and other negotiable instruments, mortgages or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company's property, assignments, bills of sale, leases, partnership agreements, and any other instruments or documents necessary to the Company in the ordinary course of business. Manager shall have the power to designate the Company's primary bank,. (g) Keep all books of account and other records of the Company; (h) Pay all debts and other obligations of the company, to the extent the funds of the Company are available therefore; (i) Maintain all funds of the Company held by the Manager in accounts in any bank. or banks designated by the Manager and make deposits thereto and withdrawals therefrom; 0) Make distributions periodically to the Members in accordance with the provisions of this Operating Agreement; and (k) Generally perform all other acts as may be necessary or appropriate in managing agricultural assets. Unless authorized to do so by this Operating Agreement or by the Manager of the Company, no agent or employee of the Company shall have any power or authority to bind the Company in any way, to pledge its credit or render it liable pecuniarily for any purpose. 5.5 Manager Has/Have No Exclusive. Duty to Company. The Manager shall not be required to manage the Company as a sole and exclusive function and may have other business interests and may engage in other activities in addition to those relating to the Company; provided, however, the Manager shall agree to devote such time and effort to the business as is practicable, depending upon the specific circumstances surrounding the Company's business. 5.6 Resignation. Any Manager of the Company may resign at any time by giving written notice to another Manager or the Members of the Company. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 1984472.3 5.7 Removal. Notwithstanding Paragraph 5.2 hereof, at a meeting called expressly for that purpose, all or any lesser number of Managers may be removed at any time, with or without cause, by the affirmative vote of Members holding a majority of the Voting Percentage of the Company. 5.8 Vacancies. Any vacancy. occurring for any reason in the number of Managers of the Company may be filled by the remaining Manager or Managers; or in the event that there is only one (1) Manager of the Company prior to the vacancy, then by the affirmative vote of Members holding a majority of the Voting Percentage of the Company. A Manager elected to filla vacancy shall be elected for the unexpired term of such Manager's predecessor in office and shall hold office until the expiration of such term and until such Manager's successor shall be elected and shall qualify or until such Manager's earlier death, resignation, or removal. A Manager chosen to fill a position resulting from an increase in the number of Managers shall hold office until the next annual meeting of Members and until its successor shall be elected and shall qualify, or until its earlier death, resignation or removal. 5.9 Compensation; Reimbursement. The Manager may be paid a management fee by the Company for services in managing the business of the Company. Any fee paid to the Manager shall be in an amount which is competitive and reasonable in comparison to fees paid for the rendering of similar services in the metropolitan area where the Company's business is located. The Manager shall be entitled to payment by or reimbursement from the Company of any and all reasonable out- of-pocket expenses incurred by him for or on behalf of the Company. ARTICLE 6 RIGHTS AND OBLIGATIONS OF MEMBERS 6.1 Company Debt Liability. A Member will not personally be liable for any debts or losses of the Company beyond such Member's respective Capital Contributions, except as otherwise required by law. 6.2 Loans to Company. Nothing in this Operating Agreement shall prevent any Member from making secured or unsecured loans to the Company by agreement with the Company. 6,3 List of Members. Upon written request of any Member, the Manager shall provide a list showing the names, addresses, and interests of all Members in the Company. 6.4 Approval of Sale of All Assets. The Members shall have the right, by the affirmative vote of the Members holding at least a majority of the Voting Percentage of the Company, to approve the sale, exchange or other disposition of all, or substantially all. of the Company's assets which is to occur as part of a single transaction or plan. 6.5 Company Books. In accordance with Paragraph 12.3 herein, the Manager shall maintain and preserve, during the term of the Company, and for five (5) years thereafter, all 8 1984472.3 accounts, books, and other relevant Company documents. Upon reasonable request, each Member shall have the right, during ordinary business hours, to inspect and copy such Company documents at the Member's expense. 6.6 Priority and Return of Capital. No Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Distributable Cash; provided that this Paragraph 6.6 shall not apply to loans (as distinguished from capital contributions) which a Member has made to the Company. 63 Certificates of Interest. Members may be issued Certificates of interest evidencing their status as Members of the Company. 6.8 Meetings of Members. (a) Annual Meeting. The holders of at least ten percent (10%) of Class A Membership Interests may, but shall not be required to, call an annual meeting of the Members of the Company, for the appointment of manager(s) and for the transaction of such other business as may properly be brought before such meeting, which will be held at the Company's principal place of business or at such other place, either within or without the State of Colorado, as may be designated by the Manager and specified in the notice of such meeting. (b) Special Meetings. Special meetings of the Members of the Company may be held on any day, when called by the Manager, or by any Class A. Member, or group of Class A Members, who has, or in the aggregate have, at least a forty percent (40%) Voting Percentage. Upon written request delivered either in person or by certified mail, return receipt requested, to any Manager by any Member entitled to call a meeting of Members, the Manager shall forthwith cause notice to be given to the Members entitled to such notice. The meeting must be held on a date not less than ten (10) nor more than sixty (60) days after the receipt of such request, as the Manager or Members may fix. If such notice is not given within twenty (20) days after the delivery or mailing of such request, the person or persons calling the meeting may fix the time of the meeting and give notice thereof in the manner provided for by law or this Operating Agreement, or cause such notice to be given by any designated representative. Each special meeting shall be called to convene between 8:00 am. and 6:00 pan., and shall be held at the principal office of the Company. (c) Notice of Meetings. Not less than ten (10) nor more than sixty (60) days before the date fixed for a meeting, written notice stating the time and place of the meeting (and, in the case of a special meeting, the purposes of such meeting) shalt be given. The notice shall be sent by personal delivery or by certified mail, return receipt requested, to each Member entitled to notice of the meeting who is a Member of record as of the day preceding the day on which notice is given, or, if a record date is duly fixed, as of that date. If mailed, the notice shall be addressed to the members at their respective addresses as they appear in the records of the Company. (d) Quorum. Except as may otherwise be provided by law, the Articles of Organization, or this Operating Agreement, at any meeting of the Members, in order to have a Quorum, the Members holding a majority of the Voting Percentage must be present in person or by 9 1984472.3 proxy. (e) Proxies. Class A Members entitled to vote may vote in person or by proxy. The person appointed as proxy need not be a Class A Member. Unless the writing appointing a proxy otherwise provides, the presence at a meeting of the person who appointed a proxy shall not operate to revoke the appointment. Notice to the Company, in writing or in open meeting, of the revocation of the appointment of a proxy shall not affect any vote or action previously taken or authorized. (1) Action By Majority. Except as otherwise provided elsewhere in this Operating Agreement or where a larger Voting Percentage may be otherwise specifically required by law or the Articles of Organization, the affirmative vote of a majority of the Voting Percentage cast by Class A Members present at a meeting at which a quorum is present shall be required in order to approve any resolution voted on at such meeting. Each Class A Member shall be entitled to the Voting Percentage designated on Exhibit A, as amended from time to time. (g) Action By Written Consent. Any action required by the Class A Members to be taken at a meeting of the Class A Members of the Company or any action which may be taken at a meeting of the Members, may be taken without a meeting ifconsent in writing, setting forth the action so to be taken shall be signed by the Class A Members entitled to vote with respect to the subject matter thereof, having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting. 6.9 Cessation of 1 Iembership. (a) A Member shall cease to be a Member of the Company upon the happening of any of the events set forth in the Colorado Act. In addition, a Member shall cease to be a Member of the Company upon the happening of any of the following events: (1) The death of an individual Member; (ii) Any Interests held by a Member are involuntarily sold, transferred or otherwise disposed of, whether by judicial decree, sale upon execution, foreclosure of any lien or charge (including any disposition pursuant to a foreclosure or power of sale in correction with a pledge or hypothecation of Interests of the Company), or by acquisition of any interest therein by a trustee in bankruptcy, or the guardian or conservator of an incompetent Member; (iii) The sale, transfer, exchange, or assignment of all of a Member's Interests pursuant to Article 9; 10 1984472.3 (iv) With respect to acorporate Member, the voluntary or involuntary dissolution, liquidation or winding up of the business of such corporation, or the filing of bankruptcy under Chapter 7 of the United States Bankruptcy Code, unless corrected within thirty (30) days of the date the Corporate Member receives notice of such dissolution (or such later date as may be agreed to by the Members); (v) The Member fails to make an additional capital contribution authorized by the Members holding a majority of the Voting Percentage; (b) The Members all hereby agree that an Economic Interest Owner or. withdrawn Members shall not be entitled to demand or receive a distribution of their Interest in the Company, except pursuant to the dissolution and liquidation of the Company; ARTICLE 7 CONTRIBUTIONS TO THE COMPANY AND CAPITAL ACCOUNTS 7.1 Members' Capital Contributions. Each such Member's Initial Capital Contribution shall be such amount as is set forth on Exhibit A attached hereto. For persons becoming a Member after the date of the execution of this Operating Agreement, such Member's Capital Contribution shall be such amount as such Member contributed to the Company in exchange for his Interest. 7.2 Value. The Capital Contribution of the Members shall be made in whole or in part in the form of cash, property, or services actually rendered to the Company. The fair market value of any property and services shall be determined by mutual agreement of the contributing Member and the Company. 7.3 Capital Accounts. (a) A separate Capital Account will be maintained for each Member. Each Member's Capital Account will be increased by (1) the amount of money contributed by such Member to the Company; (2) the fair market value of property contributed by such Member to the Company (net of liabilities secured by such contributed property that the Company is considered to assume or take subject to under Section 752 of the Code); (3) allocations to the account of such Member of Company income and gain; and (4) allocations to such Member of income described in Section 705(a)(1)(B) of the Code. Each Member's Capital Account will be decreased by (1) the amount of money distributed to such Member by the Company; (2) the fair market value of property distributed to such Member by the Co s pany (net of liabilities secured by such distributed property that such Member is considered to assume or take subject to under Section 752 of the Code); (3) allocations to such Member of expenditures described in Section 705(a)(2)(B) of the Code; and (4) allocations to the account of such Member of Company loss and deduction taking into account adjustments to reflect book value. (b) In the event of a permitted sale or exchange of an Interest in the Company, the Capital Account of the transferor shall become the Capital Account of the transferee to the extent it 11 1984472.3 relates to the transferred interest. No Code Section 754 election shall be made with respect to any transfer except at the discretion of the Managers and no transferee of an Interest in the Company shall have the right to require such election. (c) The manner in which Capital Accounts are to be maintained pursuant to this Paragraph 7.3 is intended to comply with the requirements of Code Section 704(b) and the Treasury Regulations promulgated thereunder. If in the opinion of the Company's tax lawyers and/or tax accountants the manner in which Capital Accounts are to be maintained pursuant to the preceding provisions of this Paragraph 7.3 should be modified in order to comply with Code Section 704(b) and the Treasury Regulations thereunder, then notwithstanding anything to the contrary contained in the preceding provisions of this Paragraph 7.3, the method in which Capital Accounts are maintained shall be so modified; provided, however, that any change in the manner of maintaining Capital Accounts shall not materially alter the economic agreement between or among the Members. (d) Subject to the provisions of Paragraph 11.3, upon liquidation of the Company (or any Member's interest), liquidating distributions will be made in accordance with the positive Capital Account balances of the Members, as determined after taking into account all Capital Account adjustments for the Company's taxable year during which the liquidation occurs. Liquidation proceeds will be paid within sixty (60) days of the end of the taxable year (or, if later, within ninety (90) days after the date of the liquidation). (e) Except as otherwise required in the Colorado Act and as specifically required herein, no Member shall have any liability to restore all or any portion of a deficit balance in such Member's Capital Account. 7.4 Withdrawal or Reduction of Members' Contributions to Capital. (a) A Member shall not receive out of the Company's property any part of such Member's contributions to capital until all liabilities of the Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company sufficient to pay them. (b) A Member, irrespective of the nature of his contribution, has only the right to demand and receive cash in return for such Member's Capital Contribution. 7.5 Interest on and Return of Capital Contributions. No Member shall be entitled to interest on such Member's Capital Contribution or to the return of such Member's Capital Contribution, except as otherwise specifically provided for herein. 7.6 Additional Capital Contributions. If authorized by the Class A Members holding a majority of the Voting Percentage, the Manager shall have the right to call upon and to demand that all of the Members and any Economic Interest Owners make such additional cash contributions to the Company's capital as authorized by the Class A Members holding a majority of the Voting Percentage. Such capital contributions must be made within ten (10) business days after the date of 12 1984472.3 the call. If a Member fails to make the additional capital contribution, the Member shall cease to be a Member and shall become an Economic Interest Owner. If any Member or Economic Interest Owner fails to make the additional capital contribution, the other Members may, if they so elect, make part or all of such unpaid capital contribution in any proportion as to which they shall mutually agree, and if no such agreement shall be made, each Member shall have the right to make its pro rata share of such contribution, based on its P L Percentage in proportion to the total P L Percentage of those Members making the additional capital contribution. Such additional capital contribution shall be made within ten (10) business days after the end of the ten (10) business days in which the other Member or Economic Interest Owner failed to make the additional capital contribution. Any additional capital contributions shall result in an immediate adjustment to the Capital Accounts of the Members and Economic Interest Owners. ARTICLE 8 ALLOCATIONS, DISTRIBUTIONS, IN COME TAX ELECTIONS AND REPORTS 8.1 Allocations of Items. Except as otherwise provided in this Operating Agreement and any schedule or exhibit attached hereto relating to guaranteed payments pursuant to Section 707(c) of the Code, the net income or loss of the Company and each item of income, gain, loss, deduction, or credit for each accounting tax year shall be allocated among the Members in accordance with their respective P&L Percentages. For tax purposes, net income and loss, and each item thereof, shall be allocated first as required by Section 704(c) of the Code, and thereafter in accordance with the allocations for book purposes. 8.2 Distributions. The Company shall distribute its Distributable Cash at such times and in such aggregate amounts as the Manager may, from time to time, determine. If any distributions of Distributable Cash are made, then they shall be made among the Members as follows: (a) Any distributions of Distributable Cash shall be distributed to the Members in accordance with the Member's respective Pa Percentages. The Manager shall distribute a minimum amount of Distributable Cash to provide the Members cash with which to pay their personal or corporate income taxes on their distributive shares of income in excess of any prior losses. the Company shall distribute, from its Distributable Cash, cash to the Members in each year in which the Members' allocable percentage of the Company's positive taxable income exceeds the aggregate balance of the Members' allocable percentage of all Company losses previously allocated to the Members. 8.3 Limitation Upon Distributions. No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their contributions. 8.4 Special Allocation Provisions. The following allocations and chargebacks during a fiscal year of the Company shall be made prior to any other allocations provided for in this Article 8 for such fiscal year: 13 1984472.3 (a) Definitions. For purposes of this Paragraph 8.4. the following terms shall have the following meanings: (1) A "Company Liability" means any enforceable debt or obligation for which the Company is liable or that is secured by any Company property. (ii) A "Company Minimum Gain" means an amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company property subject to that liability for no consideration other than full satisfaction of the liability and then aggregating the separately computed gains. The amount of the Company Minimum Gain includes minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Member is allocated a share of that minimum gain. For any taxable year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding taxable year with the Minimum Gain on the last day of the current taxable year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with Code § 704 and the regulations issued thereunder, as the same may be issued and interpreted from time to time. A Member's share of Company Minimum Gain at the end of any taxable year equals: The sum of nonrecourse deductions allocated to that Member (and to that Member's predecessors in interest) up to that time, and the distributions made to that Member (and to that Member's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain, minus the sum of that Member's (and that Member's predecessors in interest) aggregate share of the net decreases in Company Minimum Gain, plus their aggregate share of decreases resulting form revaluations of Company property subject to one or more Company Nonrecourse Liabilities. (iii) A "Company Nonrecourse Liability" is a Company Liability to the extent that no Member or Related Person bears the economic risk of loss (as defined in Treas. Reg. § 1.752-2) with respect to the liability. (iv) "Member Minimum Gain" means an amount determined by first computing for each Member Nonrecourse Liability any gain the Company would realize if it disposed of the Company property subject to that liability for no consideration other than full satisfaction of the liability and then aggregating the separately computed gains. The amount of the Member Minimum Gain includes minimum gain arising from. a conversion, refinancing, or other change to a debt instrument, only to the extent the Member is allocated a share of the minimum gain. For any taxable year, the net increase or decrease in Member Minimum Gain is determined by comparing the Member Minimum Gain on the last day of the immediately preceding taxable year with the Minimum Gain on the last day of the current taxable year. Notwithstanding any provision of the contrary contained herein, Member Minimum Gain and increases and decreases in Member Minimum Gain are 14 1'984472.3 intended to be computed in accordance with Code § 704 and the regulations issued thereunder, as the same may be issued and interpreted from time to time. (v) "Member Nonrecourse Liability" means any Company Liability to the extent the liability is nonrecourse under state law, and on which a Member or Related Person bears the economic risk of loss under Treas. Reg. § 1.752-2 because, for example, the Member or Related Person is a creditor or guarantor. (vi) "Nonrecourse Liabilities" include Company Nonrecourse Liabilities and Member Nonrecourse Liabilities. (vii) An "Offsetable Decrease" means any allocation that unexpectedly causes or increases a deficit in the Member's capital account as of the end of the taxable year to which the allocation related, attributable to depletion allowances under Treas. Reg. § 1.704--1(b)(2)(iv)(k), allocation of loss and deductions under Code § 704(e)(2) or 706 or under Treas. Reg. 1.751-1, or distributions that, as of the end of the year, are reasonably expected to be made to the extent they exceed the offsetting increases to the Member's capital account that reasonable are expected to occur during or before the taxable years in which the distributions are expected to be made (other than increases pursuant to a Minimum Gain Chargeback). (viii) A "Related Person" is a person having a relationship to a Member that is described in Treas. Reg. 1.752-4(b►). (b) Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a taxable year, each Member must be allocated items of income and gain for that taxable year equal to that Member's share of the net decrease in Company Minimum Gain. A Member's share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding taxable year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation of Company property equals the increase in the Member's capital account attributable to the revaluation to the extent the reduction in minimum gain is caused by the revaluation. A Member is not subject to the Company Minimum Gain Chargeback requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other charge in the debt instrument causing it to become partially or wholly a recourse liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of Treas. Reg. § 1.752-2) for the newly guaranteed, refinanced, or otherwise changed liability. (c) Member Minimum Gain Chargeback. If during a taxable year there is a net decrease in Member Minimum Gain, any Member with a share of that Member Minimum Gain (as determined under Teas. Reg. § 1.704-2(i)(5)) as of the beginning of that taxable year must be allocated items of income and gain for that taxable year (and, if necessary, for succeeding taxable years) equal to that Member's share of the net decrease in the Company Minimum Gain. A Member's share of the net decrease in Member Minimum Gain is I5 198147213 determined in a manner consistent with the provisions of this Operating Agreement. A Member is not subject to this Member Minimum Gain Chargeback, however to the extent the net decrease in Member Minimum Gain arises because the liability ceased to be a Member Nonrecourse Liability due to a conversion, refinancing, or other change in the debt instrument that causes it to become partially or wholly a Company Nonrecourse Liability. The amount of that otherwise would be subject to the Member Minimum Gain Chargeback is added to the Member's share of Company Minimum Gain. In addition, rules consistent with those applicable to Company Minimum Gain shall be applied to determine the shares of Member Minimum Gain and Member Minimum Gain Chargeback to the extent provided under the regulations issued pursuant to Code § 704(b). (d) Qualified Income Offset. In the event any Member, in that capacity, unexpectedly receives an Offsetable Decrease, the Member shall be allocated items of income and gain (consisting of a prorata portion of each item of Company income and gain for such year) in an amount and manner sufficient to offset the Offsetable Decrease as quickly as possible. (e) Other Allocations of Income or Gain. Special allocations of income and gain will be made to any Member if the Managers determine that such Member's capital account would otherwise have a deficit capital account balance that exceeds the maximum deficit balance that would be permitted under the regulations promulgated under Code Section 704(b). (0 Limit on Loss Allocations. If any allocation of loss or deduction would result in a deficit balance in a Member's capital account that would exceed the maximum deficit balance would be permitted under the regulations promulgated under Code Section 704(b), some or all of such loss or deduction may be reallocated to any other Members whose capital accounts would not have such excess deficit balances (in proportion to their respective capital accounts). (g) Purpose of Regulatory Allocations. The allocations set forth in the foregoing provisions in this Paragraph 8.4 (the `Regulatory ,Allocations") are intended to comply with certain requirements of Treas. Reg. § 1.704-1(b) and § 1.704-2. If any Regulatory Allocations are made pursuant to this Operating Agreement, the Managers may take such Regulatory Allocations into account in making subsequent allocations of income, gain, loss or deduction, and may make such further special allocations as may be necessary or appropriate so as to prevent or minimize the Regulatory Allocations from distorting the economic interests of the Members herein which would otherwise result but for the application of the Regulatory Allocations. ARTICLE 9 RESTRICTIONS ON TRANSFERABILITY 9.1 Restrictions. 16 1984472.3 (a) Except as to any Exempt Transfer, as defined herein, any and all sales, transfers, or assignments of all or any portion of a Member's Interest, shall be subject to the provisions of this Article 9. As used herein, the term Exempt Transfer shall mean the transfer of any or all Class A or a Class B Member's interest during such Member's lifetime by gift or on the Member's death by will or intestacy to a person or persons in the Class A or Class B Member's Immediate Family (as defined herein) or to a trust for the benefit of the Member or a person or persons in the Member's Immediate Family, provided that each transferee or other recipient agrees in a writing satisfactory to the Manager that the provisions of this Article 9 will continue to apply to the transferred Member's Interest in the hands of such transferee or other recipient. As used herein, the term Immediate Family shall mean the Member's spouse, the father, mother, brother or sister, child, adopted child, grandchild, adopted grandchild, other descendant or adopted descendant of the Member or the Member's spouse, or the spouse of any child, adopted child, grandchild, adopted grandchild, other descendant or adopted descendant of the Member or the Member's spouse. (b) The purchaser, transferee, or assignee of a Selling Member's Interest shall not become a Substitute Member unless the non transferring Class A Members holding a majority of the Voting Percentage of the non transferring Members approve such purchaser, transferee, or assignee as a Substitute Member. If such purchaser, transferee, or assignee is not approved as a Substitute Member, such purchaser, transferee or assignee shall be deemed to be an "Economic Interest Owner". If at the time of the purchase, transfer, or assignment, the Company does not have more than one (1) Member, the purchaser, transferee, or assignee of a Selling Member's Interest shall become a Substitute Member upon approval of the Manager. (c) An Economic Interest Owner shall have a Capital Account and shall have the same economic rights and obligations as a Member, including participation in the allocation of net income, gain, loss, deduction or credit and other allocations, participation in calls for additional Capital Contributions, and participation in cash distributions and liquidation distributions. However, an Economic Interest Owner shall not have any voting rights, shall not attend Members' Meetings, shall not have access to Company books, records or documents, and shall not participate in the purchase of Option Interests provided to Members in this Article 9. (d) All Certificates of Interest shall contain a notice that generally provides that the Certificate is subject to the provisions and restrictions of that certain Operating Agreement entered into by and among the Company and its Members and may only be sold, encumbered, assigned or otherwise transferred in accordance with the provisions of the Operating Agreement, a copy of which is on file in the offices of the Company. 9.2 Creation of Option. The occurrence of any of the following shall be deemed an "Option Event": (a) A Member shall desire to sell, donate, transfer, or otherwise voluntarily dispose of any Interest now or hereafter owned or held by, such Member, in any manner whatsoever; (h) Any Interest held by a Member shall be involuntarily sold, transferred, or 17 1984472.3 otherwise disposed of, whether by judicial decree, sale upon execution, foreclosure of any lien or charge (including any disposition pursuant to a foreclosure or power of sale in connection with a pledge or hypothecation of Interest of the Company), or by acquisition of any interest therein by a trustee in bankruptcy, or the guardian or conservator of an incompetent Member; (c) A Member which is an entity such as a corporation shall forfeit its charter (which forfeiture is not duly and promptly rescinded), be dissolved or cease to exist for any reason, or file for protection under the Bankruptcy Laws; (d) A Member shall die and the desired transfer is not an Exempt Transfer (in which event such Member and such Member's personal representative, whenever appointed, shall both be treated as one and the same for the purposes of this Operating Agreement); Upon the occurrence of an Option Event, the other parties to this Operating Agreement shall have the option to acquire all of the Interests owned by the Member upon any of the Option Events as hereinafter set forth in this Operating Agreement; provided, however, that as to Option Events specified in Paragraphs 9.2(a) or 912(b), only the portion of the Interests actually affected by the occurrence of any of the events shall be subject to the option. The Interests subject to the option(s) granted herein are sometimes referred to as the "Option Interests." 9.3 Options. (a) Upon receipt of a notice of the occurrence of any Option Event relating to the Interest owned by any Member, the Company must immediately notify all other Members (the "Remaining Members"). Within thirty (30) days after the receipt of such notice, the Members other than the Member involved in the occurrence of the Option Event may exercise an option to purchase all or part of the Option Interests in the proportion that the number of Interests owned by each Remaining Member at the time of the receipt of the notice of the occurrence of the Option Event bears to the total number of Interests then owned by all of the Remaining Members, for the price and upon the terms hereinafter provided. If not all of the Option Interests are purchased pursuant to the provision set forth in the preceding sentence, any Remaining Member who is granted and who exercises in full such Member's pro rata option may, within ten (10) days after the expiration of the thirty (30) day option period provided for in the preceding sentence, exercise anoption to purchase the remaining Option Interests to which the other Remaining Members have failed to exercise their option. (b) If the Remaining Members do not exercise their option to purchase all or any portion of such Interests, then the Company, within sixty (60) days of the receipt of the notice of the Option Event may exercise an option to purchase the uppercased Option Interests for the price and upon the other terms hereinafter provided. (c) Notwithstanding the foregoing, the Company and the Remaining Members may by agreement among themselves determine the proportions in which some or all of their number may exercise the option granted in this Paragraph. 18 1984472.3 9.4 All or None Option Exercise. The Company and the Remaining Members must in the aggregate exercise their options to purchase all of the Option Interests or they shall forfeit their options. 9.5 Failure to Exercise All Options. In the event any options arise hereunder and the Company and the Remaining Members waive their options or fail to exercise their options within the time provided with respect to all of the Option Interests, then, (a) in the event of options arising under Paragraph 9.2(a) hereof, the Member may transfer the Option Interests to the transferee named in the notice required by Paragraph 9.6(a) hereof and upon the terms therein stated within ten (10) days after the expiration of the option periods, which Option Interests, when so transferred, shall remain subject to the terms of this Operating Agreement; (b) in the event of options arising under Paragraphs 9.2(b), and 9.2(c) hereof, the Option Interests, after the expiration of the option periods, shall, in the hands of the transferee or theMember, as the case may be, remain subject to the terms of this Operating Agreement; and (c) in the event of options arising under Paragraph 9.2(d) hereof because of a Member's death, after the expiration of the option periods, such Option Interests may be disposed of pursuant to such Member's will or other controlling instrument or the laws of descent and distribution, as the case may be, which Option Interests, when so transferred, shall remain subject to the terms of this Operating Agreement. No transfer under Paragraph 9.5(a) hereof shall be valid if the transfer is not made within the aforesaid ten (10) day period or is not upon the terms and conditions to the transferee stated in the notice required of the Member by Paragraph 9.6(a). In such a case, the Option Interests shall remain subject to this Operating Agreement. In the event that a Member reacquires all or any portion of the transferred Option Interests, the Interests shall be subject to this Operating Agreement as if no transfer had been made. 9.6 Member Notice. (a) Upon the occurrence of any event described Paragraphs 9.2(a) or 9.2(b) or 9.2(c), the Member (or its successor in the case of corporate dissolution, etc) shall immediately notify the other parties to this Operating Agreement of such occurrence, including (i) the terms and conditions of any proposed disposition, (ii) the price offered or paid for the interests subject to such option, (iii) the number of Interests to be disposed of; and (iv) the names and the business and residence addresses of the Person or Persons who propose to acquire or have acquired said Interests. (b) In the case of the death of a Member as described in Paragraph 9.2(d) hereof, then if a personal representative is appointed for such Member's estate, such personal representative shall, within thirty (30) days following such personal representative's appointment, give notice of such personal representative's appointment to the other parties to this Operating 19 1984472.3 Agreement, or if a probate estate is not opened for the Member, then the trustee of any trust to which the Interests have been transferred, if any, shall, within thirty (30) days of the Member's death, give notice to the other parties to this Operating Agreement of such personal representative's service as trustee. The personal representative (or other successor4n-interest) of a deceased or incompetent Member shall succeed to the deceased Member's Economic Interest in the Company. However, such personal representative (or other successor -in -interest) shall not be entitled to be admitted as a Member without the affirmative vote of the remaining Members holding a majority of the Voting Percentage of the remaining Members. 9.7 Purchase Price. (a) If the Option Event is a proposed sale, pursuant to a. firm, bona fide offer pursuant to Paragraph 9.2(a), the purchase price for the Option Interests shall be equivalent to the price offered by the proposed purchaser to the Member. (b) If a Member withdrawals from the Company anytime within three (3) years from the date of this Operating Agreement or the date such Member acquires his or her interest, the purchase price for such Member's interest shall be equivalent to fifty percent (50%) of the value of the Option Interests owned by such Member as determined in the most recent Appraisal, as defined herein. If a Member withdrawals from the Company anytime after three (3) years from the date ofi this Operating Agreement or the date such Member acquires his or her interest, the purchase price for such Member` s interest shall be equivalent to one hundred percent (100%) of the value of the Option Interests owned by such Member as determined in the most recent Appraisal of the Members. As used herein, the term Appraisal shall mean an appraisal determined as follows: (i) The Manager shall choose a qualified appraiser to determine the value of the Option Interests. A qualified appraiser shall be one that is certified and experienced in doing appraisals and is well familiar with value of such type and kind Company assets and percentage interests in the Company. The Manager may select one or more qualified appraisers. The Manager, in his sole discretion, may determine that any appraisal conducted shall be binding as to the fair market value of the Option Interests, and the Members shall have no rights to dispute such appraisal. (c) If a Member dies, the purchase price for the Option Interests shall be equivalent to the value of the Option Interests owned by such Member as determined in the most recent Appraisal. (d) For all other transfers not covered by the provisions of this Paragraph 9.7, the purchase price for the Option Interests of the Company shall be the value of such Option Interests thereof as determined in the most recent Appraisal. 9.8 Payment. Unless otherwise agreed in writing by the selling and purchasing parties, the purchase price shall be paid as follows: (a) The purchase price for Interests shall be paid in full at closing or at the option of 20 198442.3 each purchasing party; however, the purchase price may be deferred in accordance with Paragraph 9.8(b). (b) The deferred portion of the purchase price. if any, shall be evidenced by the promissory note of the purchasing party made payable to the order of the selling party. The promissory note shall bear interest at the minimum rate allowed by Sections 483 and 1274 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder without bearing any unstated or imputed interest, in effect on the date of the promissory note. The promissory note shall be payable with 10% of the purchase price due at Closing and remaining amount shall be payable in no more than five (5) equal annual installments of principal and interest commencing on the first day of each year immediately following the closing. The promissory note shall be secured by each purchasing party's pledge to the payee of the Certificate of the Interest evidencing the Interests purchased. 9.9 Interests Delivered Unencumbered. All Interests purchased by the purchasing parties hereunder shall be delivered to them free and clear of all liens, claims, and encumbrances, excepting only those for which provision is expressly made in this Operating Agreement, and said Interests shall be transferred on the books of the Company. In the event any of the Interests to be purchased. hereunder are subject to any lien, encumbrance or claim, the Company and the remaining parties to this Operating Agreement may at their election: (a) postpone payment of the purchase price for such Interests until such time as the lien, encumbrance or claim has been discharged, but, in such case, the Interests shall be immediately transferred of record to the Company and the remaining parties to this Operating Agreement, as the case may be; or (b) in lieu of and in satisfaction of the purchase price for such Interests, either: (i0 disburse directly to such lienholder, encumberer or claimant, if the amount of such claim be liquidated, such part of the purchase price as may be adequate to discharge such lien, encumbrance or claim, or (ii) in the event that any such lien, encumbrance or claim is in excess of the purchase price hereunder. then the Company and the remaining parties to this Operating Agreement may, but shall not be obligated, to disburse the purchase price to such lienholder, encumberer or claimant; and upon the occurrence of the action described in either subsection (0 or (iii hereof, any lien, encumbrance or charge against such Interests shall be fully released and discharged and such Interests shall be transferred in the name of the Company and the remaining parties to this Operating Agreement, as tine case may be, free and clear of all liens, encumbrances, charges and claims. 9.10 Exercise and Nonexercise of Option. Any options herein granted shall apply to, and be exercisable upon, the occurrence of any applicable event specified herein. and the failure to exercise or the waiver of any of such options shall not waive any of the rights with respect to any other subsequent options. The options conferred herein shall be exercisable successively and without limitation upon any subsequent occurrence of any event giving rise to options whether with respect to the same or other Interests owned by a Member, such Member's personal representative, or their successors in interest, notwithstanding that such personal representative or successors in interest may 21 1984472.3 r have acquired the subject Interests subsequent to the date of this Operating Agreement and whether or not said Interests were newly acquired, reacquired, or continuously held by a Member, such Member's personal representative, or their successors in interest. ARTICLE 10 ADDITIONAL MEMBERS From the date of the formation of the Company, additional Members may be added only in accordance with Article 9 or this Article 10►. Except for transfers and assignments of Interests in accordance with Article 9, any person or Entity approved by the affirmative vote of the Class A Members holding a majority of the voting percentage may become a Member in this Company by the sale of new Company Interests for such consideration as determined by the affirmative vote of the Class A Members holding a majority of the Voting Percentage, or as a transferee of a Member's Interest or any portion thereof, subject to the terms and conditions of this Operating Agreement. No new Members shall be entitled to any retroactive allocation of losses, income or expense deductions incurred by the Company. All of the Members may, at their option, at the time an Additional Member is admitted, close the Company books (as though the Company's tax year had ended) or make pro rata allocations of loss, income and expense deductions to an Additional Member for that portion of the Company's tax year in which an Additional Member was admitted in accordance with the provisions of Section 706(d) of the Code and the Treasury Regulations promulgated there under. 11.1 Dissolution. events: ARTICLE 11 DISSOLUTION AND TERMINATION (a) The Company shall be dissolved upon the occurrence of any of the following (i) by the unanimous written agreement of all Class A Members; or (ii) upon the entry of a judicial decree of dissolution. (b) The death, incompetence, retirement, resignation, expulsion, bankruptcy or dissolution of any Member or the occurrence of any other event that terminates the continued membership of any, Member (a `'Withdrawal Event") shall not cause the Company to be dissolved or its affairs to be wound up, and upon the occurrence of any such Withdrawal Event, the Company shall be continued without dissolution, unless within ninety (90) days following the occurrence of such Withdrawal Event, the remaining Class A Members of the Company by a majority of the remaining Class A Members of the Company agree in writing to dissolve the Company. (c) Notwithstanding anything to the contrary in this Operating Agreement, if a 72 1984472, 3 Class A Member or Members owning Interests which in the aggregate constitute not less than a majority of the Voting Percentage of the Company vote to dissolve the Company at a meeting of the Members of the Company, then all of the Class A Members shall agree in writing to dissolve the Company as soon as possible thereafter. (d) As soon as possible following the occurrence of any of the events requiring the dissolution of the Company, the appropriate representative of the Company shall execute a statement of intent to dissolve in such form as shall be prescribed by the Colorado Secretary of State and file same with theColorado Secretary of State's office. 11.2 Effect of Filing of Dissolving Statement. Upon the filing by the Colorado Secretary of State of a statement of intent to dissolve, the Company shall cease to carry on its business, except insofar as may be necessary for the winding up of its business, but its separate existence shall continue until a certificate of dissolution has been issued by the Secretary of State or until a decree dissolving the Company has been entered by a court of competent jurisdiction. 11.3 Winding Up, Liquidation and Distribution of Assets. (a) Upon the filing of a statement of intent to dissolve, the Members shall make a final accounting of the business and affairs of the Company and shall proceed with reasonable promptness to liquidate the business, property and assets of the Company and to distribute the proceeds thereof in the following order of priority: (1) to those liabilities to creditors in the order of priority as provided by law, except those liabilities to Members of the Company on account of their contributions; and (ii) to those liabilities to Members of the Company on account of their contributions. (b) All gains or losses resulting from the dissolution (whether by sale of assets or distribution in kind) of the Company shall be allocated among the Members in accordance with the Member's P&L Percentage. After paying or discharging all of its obligations or making adequate provision for the payment or discharge thereof, the Company shall distribute the remainder of its assets, either in cash or in kind, among its Members according to their respective positive capital account balances. If any Member shall have a negative capital account balance, such Member shall not be required to pay such negative capital account balance to the Company. If the Members elect to distribute the remaining property and assets of the Company in kind, in lieu of selling them, the distribution shall be based upon the then existing fair market value thereof and after allocating to the Members, in accordance with their respective, interests in the Company, any unrealized gain inherent in such assets. (c) The windaup of the affairs of the Company shall be conducted by the Members. In liquidating the assets of the Company, all tangible assets of a saleable value shall be sold at such price and terms as the Members determine to be fair and equitable. Any Member may purchase 23 1984472.3 such assets at such sale. It shall not be necessary to sell any intangible assets of the Company. A reasonable time shall be allowed for the orderly liquidation of the assets of the Company and the discharge of liabilities to creditors to minimize the losses that might otherwise occur upon liquidation. Upon the completion of winding up of the Company, articles of dissolution shall be delivered to the Secretary of State for filing. (d) Upon completion of the winding up, liquidation and distribution of the assets, the Company shall be deemed terminated. (e) The Manager shall comply with any applicable requirements of applicable law pertaining to the winding up of the affairs of the Company and_.the final distribution of its assets. 11.4 Return of Contribution N on -Recourse to Other Members. Except as provided by law, upon dissolution, each Member shall look solely to the assets of the Company for the return of such Member's Capital Contribution. If the Company property remaining after the payment or discharge of the debts and liabilities of the Company is insufficient to return the cash or other property contribution ofone or more Members, such Member or Members shall have no recourse against any other Member, or any of the Company's Manager or officers. ARTICLE 12 MISCELLANEOUS PROVISIONS 1 2.1 Indemnification. The Company shall indemnify and hold harmless each Member, the Manager, and all officers and directors of the Company (individually an "Indemnitee") from and against any and all losses, claims. demands, costs, damages, liabilities, expenses of any nature (including attorney's fees and disbursements), judgments, fines, settlements, and other amounts arising from any claims, demands. actions, suits, or proceedings (whether civil, criminal; administrative, or investigative) in which an Indemnitee may be involved or threatened to be involved, as a party or otherwise arising out of or incidental to the business of the Company. Notwithstanding, nothing in the Paragraph shall limit any Indemnitee from indemnification by the Company to the fullest extent permitted by Colorado law. 12.2 _Notices. Any notice, demand, or communication required or permitted to be given by any provision of this Operating Agreement shall be deemed to have been sufficiently given or served for all purposes if delivered personally to the party or to an executive officer of the party to whom the same is directed or, if sent by registered or certified mail, postage and charges prepaid, addressed to the Member's and/or Company's address, as appropriate, which is set forth in this Operating Agreement. Except as otherwise provided herein, any such notice shall be deemed to be given three business days after the date on which the same was deposited in a regularly maintained receptacle for the deposit of United States mail, addressed and sent as aforesaid. 12.3 Books of Account and Records. Proper and complete records and books of account shall be kept or shall be caused to be kept by the Managers and shall be entered fully and accurately describe all transactions and other matters relating to the Company's business in such detail and 24 1984472.3 completeness as is customary and usualfor businesses of the type engaged in by the Company. Such books and records shall be maintained as provided in Paragraph 6.5. The books and records shall be at all times maintained at the office of the Manager of the Company and shall be open to the reasonable inspection and examination of the Members or their duly authorized representatives during reasonable business hours. 12.4 Accounting Period. The Company's accounting period shall be the calendar year. 12.5 Records, Audits and Reports. At the expense of the Company, the Manager(s) shall maintain records and accounts of all operations and expenditures of the Company. At a minimum the Company shall keep at its principal place of business the following records: (a) A current list of the full name and last known residence, or mailing address of each Member, both past and present; (b) A copy of the Articles of organization of the Company and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any amendment has been executed; (c) Copies of the Company's federal, state, and local income tax returns and reports, if any, for the four most recent years or, if such returns and reports were not prepared for any reason, copies of the information and records provided to, or which should have been provided to, the Members to enable them to prepare their federal, state and local tax returns for such periods; (d) Copies of the Company's past and currently effective written Operating Agreements, copies of any writings permitted or required with respect to a Member's obligation to contribute cash, property or services, and copies of any financial statements of the Company for the three most recent years; (e) Minutes of every annual, special, and court -ordered meeting; and (f) Any written consents obtained from Members for actions taken by Members without a meeting. 12.6 Taxed as a Partnership, Tax Returns and other Elections. The Company will elect to be taxed as a partnership. The Manager shall cause the preparation and timely filing of all tax returns required to be filed by the Company pursuant to the Code and all other tax returns deemed necessary and required in each jurisdiction in which the Company does business. Copies of such returns, or pertinent information therefrom, shall be furnished to the Members within a reasonable time after the end of the Company's Fiscal Year. All elections permitted to be made by the Company under federal or state laws shall be made by the Manager. 12.7 Application of Colorado Law. This Operating Agreement, and the application or interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of Colorado and specifically the Colorado Act. 25 1984472.3 12.8 Waiver of Action for Partition. Each Member irrevocably waives during the term of the Company any right that such Member may have to maintain any action for partition with respect to the property of the Company. 12.9 Amendments. The Articles of Organization and this Operating Agreement may only be amended by the Manager at anytime or upon majority vote of the Class Members. 12.10 Execution of Additional Instruments. Each Member hereby agrees to execute such other and further statements of interest and holdings, designations, powers of attorney and other instruments necessary to comply any laws, rules or regulations. 12.11 Construction. Whenever the singular number is used in this Operating Agreement and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders and vice versa; and the word "Person" or "party" shall include a corporate firm, partnership, proprietorship or other form of association. 12.12 Headings. The headings in this Operating Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Operating Agreement or any provision hereof 12.13 Waivers. The failure of any party to seek redress for violationof or to insist upon the strict performance of any covenant or condition of this Operating Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. 12.14 Rights and Remedies Cumulative. The rights and remedies provided by this Operating Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 12.15 Severability. If any provision of this Operating Agreement or the application thereof to any Person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Operating Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 12.16 Heirs, Successors and Assigns. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Operating Agreement, their respective heirs, legal representatives, successors and assigns. 12.17 Creditors. None of the provisions of this Operating Agreement shall be for the benefit of or enforceable by any creditors of the Company. 12.18 Counterparts. This Operating Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 26 1984472.3 e 12.19 Investment Representations. The undersigned Members understand: that the Interests evidenced by this Operating Agreement have not been registered under the Securities Act of 1933, or any other securities laws (the "Securities Acts") because the Company is issuing these Interests in reliance upon the exemptions from the registrations requirements of the Securities Acts providing for issuance of securities not involving a public offering; that the Company has relied upon the fact that the Interests are to be held by each Member for investment; and that exemption from registrations under the Securities Acts would not be available if the Interests were acquired by a Member with a view to distribution. Accordingly, each Member hereby confirms to the Company that such Member is acquiring the Interests for such own Member's account, for investment and not with a view to the resale or distribution thereof Each Member agrees not to transfer, sell or offer for sale any portion of the Interests unless there is an effective registration or other qualification relating thereto under the Securities Act of 1933 and under any applicable state securities laws or unless the holder of Interests delivers to the Company an opinion of counsel, satisfactory to the Company, that such registration or other qualification under such Act and applicable state securities laws is not required in connection with such transfer, offer or sale. Each Member understands that the Company is under no obligation to register the Interests or to assist such Member in complying with any exemption from registration under the Acts if such. Member should, at a later date, wish to dispose of the Interest. Prior to acquiring the Interests, each Member has made an investigation of the Company and its business and all information with respect thereto which such Member needed to make an informed decision to acquire the Interest has been made available to each such Member. Each Member considers himself or itself to be a person possessing experience and sophistication as an investor which are adequate for the evaluation of the merits and risks of such Member's investment in the Interest. IN WITNESS WHEREOF, the parties have signed this Operating Agreement effective the date first written above. Y er 1 5 Harlai. Hankins 27 Harlan W. Hankins 19844723 HANKINS FARMS, LLC CHANGE OF ZONE (COZ) PLANNING QUESTIONNAIRE Answer the following questions per Section 23-2-50 of the Weld County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do not leave questions blank. 1. Describe the purpose of the proposed Change of Zone. RESPONSE: Hankins Farms, LLC is requesting a Change of Zone from the A (Agricultural) Zone District to C-3 (Business Commercial) Zone District. Being at the northwest corner of Freedom Parkway and Weld County Road 17 (two arterial roadways), makes this a logical location for future commercial development. This Change of Zone will create the appropriate base zoning conditions for a variety of commercial land uses, allowing for more expedient and efficient site development processes such as a site plan review, which are not allowed processes in the Ag zone district. 2. Describe the current and previous use of the land. RESPONSE: There are no structures or buildings on this parcel. The property has historically been used for agricultural purposes, specifically irrigated farmland with a center pivot sprinkler. There is an irrigation pond in the southeast corner of the parcel. A PDC Energy plugged and abandoned (as of 1/17/2022) oil and gas well (44-20U HANKINS) is located in the center portion of the parcel. Historically, there was a small tank battery and oil and gas equipment area in the southwest corner of the parcel, which has been completely removed. 3. Describe the proximity of the proposed use to residences. RESPONSE: The subject 40 -acre parcel was split off from larger 160 -acre parcel of land (recorded February 23, 2024, reception no. 4945798). It was determined that only 40 -acres was prudent at this time to rezone, out of consideration for surrounding properties and development potential. As such, the proximity of this proposed C-3 zoned site to residential properties is limited. However, there are a few properties with residences located nearby the subject site: 7651 CR 54 (Kautz) is located west of and adjacent to the site, directly bordering the site. 7800 CR 54 (Hein Family Registered LLLP) is located south of and adjacent to the site, on the opposite side of CR 54. Besides these two (2) adjacent residences, there are seven (7) other rural residences within 1,500 -feet of the site, six (6) of which are located on either CR 54 or CR 17. The nearest residential subdivision is Lakota Lakes, located approximately 0.5 miles to the west. Page 1 of 4 4. Explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. RESPONSE: The proposed C-3 zoning request is directly supported by the C-3 zone district Intent statement per Section 23-3-230 of the Weld County Code, which describes Business Commercial as: "areas of commerce for the benefit of the broader region, such as large-scale regional shopping centers and entertainment districts. C-3 District properties may require large amounts of space or generate high traffic volumes. Properties zoned C-3 are typically located near high -traffic corridors."The site is suitable for large-scale commercial development as it is 40 -acres and is at the intersection of two high -traffic corridors. This intersection in particular is recognized by Weld County as significant, given the recent capital investment and construction of a large round -a -bout. With the offsite improvements and the property lying in a Weld County Opportunity Zone, the proposed C-3 zoning will support the changing conditions in the portion of Weld County. 5. Explain how the uses allowed by the proposed rezoning will be compatible with the surrounding land uses. Include a description of existing land uses for all properties adjacent to the subject property. RESPONSE: The proposed O-3 zoning will not detract from nor negatively impact the surrounding lands. The predominate surrounding land uses are rural residential and farm operations and are all zoned A (Agricultural). The following list details the five (5) parcels located directly adjacent to the site: To the north, (APN 095720100004; Hankins Farm) is flood irrigated and dryland farm ground and contains a recreational. facility. To the east, (APN 095721000005; Wiedeman) is flood irrigated and dryland farm ground. To the west, (APNs 095720400006 & 095720400007; Kautz) is a residence and unimproved ag land. To the south, (APN 095729000046; Hein Family Registered LLLP) is a residence and flood irrigated and dryland farm ground. To the south, (APN 095729000014; owned by Weld County) is a one -acre lot on the southwest corner of WCR 17 and Freedom Parkway. Zoning is O-3 Any future commercial use on the site will be designed to mitigate any potential nuisance, such as visual, auditory, and environmental. impacts. Note, the subject site contains a Use by Special. Review permit (USR14-0033) for a recreational facility, which would be partially vacated, should this Change of Zone be approved. The facility will continue to operate on the Hankins property north of the subject site. There are also several other USRs in the area for a variety of uses including radio towers, natural gas facilities, dog kennels, airstrip, gravel mining, event venues and industrial operations. A Union Pacific rail. line is located approximately 0.5 miles to the south of the site. Page 2 of 4 6. Does the soil report indicate the existence of moderate or severe soil limitations? If so, detail the methods to be employed to mitigate the limitations for the uses proposed. RESPONSE: According to the USDA-NRCS Soils Report, dated April 12, 2024 there are no identified soil conditions that limit the proposed commercial use of the property. Soils are considered "well drained" and depths to restricting features are more than 80 -inches below grade. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. RESPONSE: This property is located in both of the County's preferential areas for rezoning, being within an Opportunity Zone and within the area of urban -scale development per Sections 22-2-10.A.1 and A.2 of the Weld County Code, respectively. The presence of these Comp Plan criteria are intended to guide redevelopment and point to those areas in which rezoning to commercial is more readily supportable. The applicant team agrees with Weld County's determination that this site falls within both of these areas. Referencing the Comprehensive Plan Map (Appendix 22-D), confirms that this property is fully located within an Opportunity Zone and has a development classification of "urban -scale". Given these factors, which have been promulgated by Weld County, it is assumed that a rezoning in this area would not be in conflict with other surrounding land uses. Additionally, by rezoning to commercial, this site progresses towards the desired Comprehensive Plan goal of "Support[ing] compatible economic development opportunities" and the objective of "Identify[ing] target areas where the County is able to encourage shovel -ready commercial and industrial development" per Sections 22-2-40.A and A.1 of the Weld County Code, respectively. 8. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. RESPONSE: The site is located within the Johnstown, Milliken and Windsor Coordinated Planning Agreement (CPA) areas. The Town of Johnstown submitted an NOI form on February 12, 2024, indicating their interest in annexing this subject property. The commercial rezoning request is aligned with the 2021 Johnstown Future Land Use Plan designation of Medium Density/Intensity (MDI) land uses, as detailed on pages 48 and 49 of the 2021 Johnstown Area Comprehensive Plan. However, given the property is approximately 2.75 miles from City limits by way of CR 54 and 3.75 mites by way of Highway 34 & CR 17, the property owners do not wish to annex at this time, but may be open to that possibility in the future, when the Town is closer to the site and can provide services. Milliken did not return an NOI form. For reference, this property is not within the Milliken Urban Growth Boundary (UGB) per the Milliken Future Land Use Map, as sourced from the 2023 Milliken Comprehensive Plan. Note, the Milliken UGB does not extend north of Freedom Parkway. Page 3 of 4 Windsor did not return an NOI form. For reference, this property is not within the Windsor Growth Management Area (GMA) per the Windsor Future Land Use Map, as sourced from the 2024 Windsor Comprehensive Plan. Note, the Windsor GMA does not extend south of US Highway 34. 9. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. RESPONSE: We believe this application will have a positive impact on the community by providing local commercial services to the surrounding area. This rezoning request is not expected to have negative impacts on the health, safety or welfare of citizens of the area or County. This area will redevelop over time; however, the subject rezoning does not itself trigger any site development impacts. When the site is developed, it will be done following best practices and willfully protect the wellbeing of the citizens. 10. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. RESPONSE: The property is not located within any Airport, Geologic Hazard, or Historic Townsites Overlay District, Special Flood Hazard Area or MS4 area. Page 4 of 4 HAN KI NS FARMS, LLC CHANGE OF ZONE (COZ) DEVELOPMENT REVIEW QUESTIONNAIRE April 4, 2024 Answer the following questions per Section 8-11-40, Appendix 8-Q, and Section 8-14-10 of the Weld County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation - do not leave questions blank. 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. RESPONSE: Existing: There are three (3) existing accesses to the site. No access permits have been identified. There is an existing agricultural access (gravel), extending west off CR 17, into the site. This access is located approximately 1,340 -feet north of the approximate centerline of CR 54, being the 20/29 section line. This access serves the farming operation and will not be modified until the property is redeveloped, in which case it may be redesigned, relocated or closed and reclaimed. There is an existing agricultural access (paved apron, recycled asphalt drive), extending west off CR 17, into the site. This access is located approximately 750 -feet north of the approximate centerline of CR 54, being the 20/29 section line. This access serves the irrigation pond and will not be modified until the property is redeveloped in which case it may be redesigned, relocated or closed and reclaimed. There is an existing agricultural and formerly oil and gas access (gravel), extending north off CR 54, into the site. This access is located approximately 1,040 -feet north of the approximate centerline of CR 17, being the 20/21 section line. This access is expected to be closed and reclaimed in accordance with the Freedom Parkway Access Control Plan. 2. Describe any anticipated change(s) to an existing access, if applicable. RESPONSE: Reference question #1 response. The existing access points will remain as -is until the site develops. No changes to the access layout are expected as a result of the Change of Zone application. The property owner is committed to following the Freedom Parkway ACP and will comply with all access spacing and width requirements, when applicable. Page 1 of 3 3. Describe in detail any existing or proposed access gate including its location. RESPONSE: There are no existing gates on the property. Any future gate will comply with Weld County Code and Development Review policy. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. RESPONSE: To the north, (APN 095720100004; Hankins Farm) contains two (2) access points onto CR 17, located approximately 2,150 -feet and 3,850 -feet (AP14-00320) north of CR 54. To the east, (APN 095721000005; Wiedeman) contains three (3) access points onto CR 17, located approximately 750 -feet 3,155 -feet and 4,630 -feet north of CR 54. To the west, (APNs s 095720400006 & 095720400007; Kautz) contains one (1) access point onto CR 54, located approximately 1,500 -feet (AP20-0454) west of CR 17. To the south, (APN 095729000046; Hein Family Registered LLLP) contains one (1) access point onto CR 54, located approximately 1,500 -feet west of CR 17 and one (1) access point onto CR 17, located approximately 2,670 -feet south of CR 54. All measurements are based on the Section 20/21/29/28, T5N, R67W Quarter Corner. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. RESPONSE: Access locations and specifications will be addressed during the site plan review process. No new access locations are proposed at this time. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. RESPONSE: The are no curves to the adjacent roadways, besides those engineered curves in the round -a- bout. The existing access points widths and radii are designed as needed relative to the purpose of a given access. 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access. RESPONSE: Reference question #6 response. The general area is hilly, with drainage channels and bluffs. However, the roadways adjacent to this property are not as dramatic. CR 54 certainly slopes Page 2 of 3 downward towards the west, descending nearly five 10 -foot contours. CR 17 largely maintains its position as it stays between three 10 -foot contours, with similar elevations between the southeast corner and northeast corner of the property, adjacent to CR 17. Page 3 of 3 HAN KI NS FARMS, LLC CHANGE OF ZONE (COZ) ENVIRONMENTAL HEALTH QUESTIONNAIRE April 4, 2024 Answer the following questions per the Weld County Code, Chapters 14, 23 and 30. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation -do not leave questions blank. 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a will serve letter from the Water District, a tap or meter number, or a copy of the water bill. RESPONSE: Existing: The property has no existing potable water source. There are no water wells on -site. Little Thompson Water District has existing lines adjacent to the property for domestic water. Historically, the property has been utilized for irrigated farmland and contains a center pivot sprinkler, with water from the Greeley/Loveland Irrigation Canal. The water shares used for irrigation will not be sold but will be held by Hankins Farms for use elsewhere on their contiguous land holdings. Proposed: Little Thompson Water District will provide future water service to this property, for both potable commercial use and irrigation purposes. An email from LTWD is included in the Change of Zone application. Specific water demands wilt be evaluated as part of future development requests. No water is proposed to be installed following approval of this rezoning application. Any water dedication, district fees/requirements and infrastructure installation would be completed during any future subdivision plating and/or site planning. 2. Discuss the existing and proposed sewage disposal system is on the property. If utilizing an existing on -site wastewater treatment system (OWTS), provide the OWTS permit number. If there is no permit due to the age of the existing system, apply for a permit through the Department of Public Health and Environment prior to submitting this application. If a new OWTS system will be installed, please state "a new on -site wastewater treatment system is proposed?' Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. RESPONSE: Existing: The property has no existing sewage disposal system. There are no current improvements or human occupation which would necessitate such system. Proposed: No sewage disposal system is proposed to be installed following approval of this rezoning application. It is anticipated that any future development would seek to permit an on - site wastewater treatment system as part of a future site plan review or use by special review application. Any OWTS will be appropriately engineered, designed and installed to account for Page 1 of 2 the wastewater demand of any future user(s) of the site. Should site development warrant a portable toilet, based on Environmental Health code and policy, any such portable toilet will be adequately screened. Page 2 of 2 April 11, 2024 EARTH ENGINEERING CONSULTANTS, LLC Hankins Farms, LLC 27001 CR 17 Johnstown, Colorado 80534 Attn: Mr. Darren Hankins (darren@hankinsfarms.com) Re: Geologic Hazards and Mineral Resources Report Northwest Corner of County Roads 17 and 54 Weld County, Colorado EEC Project No. 1242021 Mr. Hankins: As requested, Earth Engineering Consultants, LLC (EEC) personnel have completed the geologic hazards and mineral resources evaluation you requested for the referenced project. Our evaluation was carried out by reviewing readily available information concerning soil and groundwater conditions for the site, principally through review of United States Geological Survey (USGS), Colorado Geological Survey (CGS), and United States Department of Agriculture Natural Resources Conservation Service (MRCS) published information. A listing of the references reviewed as a part of this evaluation is included with this report. The referenced property is located in the East 1/2 of the Southeast % of Section 20, T5N, R67W of the 6th Principal Meridian, in Weld County, Colorado. The development property is approximately 40 acres. We understand the development is planned for commercial use. A diagram indicating the approximate location of the development is included with this report (Figure 1). The purpose of this evaluation is to identify potential geologic hazards and mineral resources which may conflict with the proposed development. The information presented in this report is based upon acquired field data, review of the available literature and previous experience with similar geologic conditions in this area. Based on a recent site visit, the site is mostly vacant, cultivated land. The site slopes gently to the west at a slope of about 3%. Evidence of prior building construction was not observed at the site by EEC field personnel. No apparent areas of slope instability were observed during our site visit. 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 545-3908 FAX (970) 663-0282 www.earth-en gineering.corn Earth Engineering Consultants, LLC EEC Project No. 1242021 April 11, 2024 Page 2 Literature Review Soil/Geologic Review The site geology presented in this report is based upon the review of the available literature and maps, and previous experience with similar geologic conditions in this area. The locations of geologic features are approximate and should be considered accurate only to the degree implied by the methods used to make those measurements. The project site lies in the Colorado Piedmont Section of the Great Plains Physiographic Province. The sediments which compose the Colorado Piedmont were formed when uplift of the present-day Rocky Mountains in Late Cretaceous -Eocene times (70-30 million years ago) produced a large increase of stream sediments resulting in deposition of sediments on the flanks next to the mountain belt and outlying areas. The Colorado Piedmont is an elongated trough in the Great Plains, adjacent to the Front Range of the Southern Rocky Mountains. The Colorado Piedmont was formed when uplift of the area in Miocene times (20-5 million years ago) produced an increase of stream erosion resulting in scouring next to the foothills and outlying areas. The Piedmont is bordered by the Southern Rocky Mountains to the west, Great Plains escarpment to the northeast, and Palmer Divide to the south. Structurally, the site lies adjacent to the Denver Basin, a thick accumulation of Paleozoic and Mesozoic Era sediments involved with down -warping of the basin area and uplift of the adjacent highlands. Small anticlinal folds occur adjacent to the Front Range. It is our understanding that faulting has not taken place in the recent historic past in this area. Review of soil classification mapping (Natural Resources Conservation Service, 2024) indicates the near surface subgrades consist of Thedalund loam (Map Unit Symbol 65), Colby loam (Map Unit Symbol 15), and Kim loam (Map Unit Symbol 33) (Figure 2). Thedalund loam is described as soil with varying amounts of sand, silt, and clay, residuum of the underlying bedrock materials. Colby loam and Kim loam are described as silt and silty sand soils. Geologic mapping indicates those near surface soils are described as eolium (Colton, 1978) (Figure 4), underlain by bedrock which predominantly consists of Pierre Shale (Tweto, 1979) (Figure 3). Groundwater depths are suggested at depths greater than 80 inches below ground surface. Earth Engineering Consultants, LLC EEC Project No. 1242021 April 11, 2024 Page 3 Landslide Potential Landslides are a mass movement of soil, artificial fill, and/or rock to slide downhill under the pull of gravity. Landslides include many different kinds of mass movements, including falls, topples, slides, spreads, flows, or a combination of one or more of these movements. No zones of preferential weakness were observed during our site visit; therefore, it is our opinion that the risk from landslide to be negligible at this particular location under current conditions. Oil and Gas Potential A review of the Colorado Oil and Gas Conservation Commission (COGCC) database (Colorado Oil and Gas Conservation Commision, 2024) indicates the site is located within an identified oil and gas field; furthermore, oil/gas facilities and/or wells (either active, abandoned or closed) are present on the property (Figure 5). Based on the available information, it appears potential oil/gas resources could exist; however, a comprehensive evaluation by others would be required to evaluate that possibility. Coal Mine Potential The project site appears outside of the Denver Coal Region (Carroll, 2006). A review of the available mapping was performed to locate nearby active and historical coal mining operations (Colorado Geological Survey, 2024). No coal mines were shown at the project site. Based on the available information, potential coal resources do not appear to exist within the property. Radiation Review of the available information indicates that no deposits of radioactive minerals have been identified at the referenced property (Colorado Geological Survey, 2024). Although radioactive minerals were not identified, mitigating radon within site buildings may be necessary. Typically, radon levels are measured within site buildings after a normal operating routine has been established. Earth Engineering Consultants, LLC EEC Project No. 1242021 April 11, 2024 Page 4 Mineral Resources Review of available mineral resource mapping indicates that no sources of critical minerals are inferred at this site (United States Geological Survey, 2024). Sand, Gravel, and Quarry Resources Review of available aggregate resource mapping (Figure 6) of the Colorado Front Range indicates no significant resources of sand and gravel exist below ground surface at the referenced property (Schwochow, Shroba, & Wicklein, 1974). CONCLUSION Based on our site visit and literature review of the referenced property, the geologic hazards identified on this site which may conflict with the proposed improvements include the presence of existing oil/gas wells. Improvements may need to avoid existing oil/gas wells. The potential economic mineral resources which could conflict with the proposed improvements include the possible presence of oil/gas materials. Further review by others would be necessary to determine if extraction of those mineral resources is economically viable. Geotechnical subsurface explorations are recommended to evaluate the subsurface conditions and provide site specific recommendations for any future site improvements. The information included in this report was obtained to help determine the feasibility of this project. Professional opinions presented in this report are based on evaluation of technical information gathered, partly on our understanding of the characteristics of the development proposed, and partly on our experience with geologic conditions in the area. We do not guarantee the performance of the project in any respect, only a presentation of available information and opinion of potential hazards or resources that may conflict with the development. Earth Engineering Consultants, LLC EEC Project No. 1242021 April 11, 2024 Page 5 We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering Con ltants, LLC Ethan P. Wiechert, P.E. Senior Project Engineer Reviewed by: David A. Richer, P.E. Senior Geotechnical Engineer cc: KW Commercial — bob.demaree@kw.com Earth Engineering Consultants, LLC EEC Project No. 1242021 April 11, 2024 Page 6 References Carroll, C. (2006). MS -09 Coal Resources and Development Map of Colorado . Colorado Geological Survey. Colorado Geological Survey. (2024). Colorado Historical Coal Mines. Retrieved from https://cologeosurvey.maps.arcgis.com Colorado Geological Survey. (2024). ON -B -40M Radioactive Mineral Occurances of Colorado. Retrieved from https://cologeosurvey.maps.arcgis.com Colorado Oil and Gas Conservation Commision. (2024). COGCC GISOnline. Retrieved from https://cogccmap.state.co.us/cogcc_gis_online/ Colton, R. B. (1978). Geologic map of the Boulder -Fort Collins -Greeley area, Front Range Urban Corridor, Colorado. U.S. Geological Survey. Natural Resources Conservation Service. (2024). Custom Soil Resource Report for Weld County, Colorado Southern Part. Schwochow, S. D., Shroba, R. R., & Wicklein, P. C. (1974). Atlas of Sand, Gravel, and Quarry Aggregate Resources Colorado Front Range Counties, Special Publication 5-B. Denver, Colorado: Colorado Geological Survey Department of Natural Resources. Tweto, O. (1979). Geologic Map of Colorado. United States Geological Survey. United States Geological Survey. (2024). Mineral Resources Data System. Figure 1: Northwest Corner of CR 17 and CR 54 - Site Location Weld County, Colorado EEC Project #: 1242021 Date: April 2024 8 4 S 0 Map Unit Legend -R 4 1 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 15 Colby slopes loam, 1 to 3 percent 24.7 58.0% 17 Colby slopes loam, 5 to 9 percent 0.0 0.0% 33 Kim loam, 3 to 5 percent slopes 4.4 10.3% 65 Thedalund slopes loam, 3 to 9 percent 13.5 31.7% Totals for Area of Interest 42.6 100.0% (Natural Resources Conservation Service, 2024) Figure 2: Northwest Corner of CR 17 and CR 54 - NRCS Soil Survey Map Weld County, Colorado EEC Project #: 1242021 Date: April 2024 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC Kp PIERRE SHALE. UNDIVIDED Kpu Upper unit (Tweto, 1979) Figure 3: Northwest Corner of CR 17 and CR 54 - Geologic Map Weld County, Colorado EEC Project #: 1242021 Date: April 2024 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC 0 rr3 De none t 1. 'ti° a0 Y 96.4-�. 513) REA7 WESTER Kpuib 74M '1L 2) twin / Os ounds W eMty KplZ Project Site Gb Job nstoi+v n GREAT HfidM WESTERN Kfh Beicon EOLIU t (WINDBLOWN CLAY, SILT (LOESS), SAND, AND GRANULES) (UPPER HOLOCENE TO BULL LAKE GLACIATION) Light -brown to reddish -brown to olive -gray deposits of windblown clay, silt, sand, and granules mainly as sand dunes in the east half of the area. but also as a blanket of loess between the Front Range and the South Platte River. Loess is as much as 15 feet (4.5 rn) thick but generally is less than 3 feet (1 m) thick; sand dunes are as much as 50 feet (15 m) thick but generally are less than 15 feet (4.5 ml thick *New term introduced here to include deposits of windblown silt (loess) and wind -drifted sand (dunes) granules, and pebbles and gradations between Upper transition member Friable sandstone, soft shaly sand- stone containing thin -bedded sandy shale and large calcareous sandstone concretions. The member is about 2,000 ft (620 m) thick (Colton, 1978) Figure 4: Northwest Corner of CR 17 and CR 54 - Geologic Map Weld County, Colorado EEC Project #: 1242021 Date: April 2024 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC s 20M-323 Hankins 20R-243 20M-203 a Hankins 20R-403 20M-423 Hankins 20R-303 20 • HANKINS3 HANKINS 4 •• HANKINS 20R -DU * HANKINS 20OU • HANKINS 5 Project Site PANSY P NANKIN • • HANKINS 42-20 • PANSY P HANKINS 2 1 •HANKINS 43-OU • CROISSANT(FARMOIL) 2 • HANKINS 44-20U • WIEDEMAN 11-21U • WIEDEMAN 21F • WIEDEMAN 12-21U WIEDEMAN 13-21 •• WIEDEMAN 21G -DU • WIEDEMAN 21H • WIEDEMAN 21- WIEDEMAN 21-1 • WIEDEMAN 21 L D (Colorado Oil and Gas Conservation Commission, 2024) Wells • Well (API Spot) Well Name COGCC Li Oil 8 Gas Fields Horizontal Fields Fields Wittenberg Field ■ Roads 8 Railroads (COOT) Highways Railroads Major Roads Forest Roads Local Roads u Section, Township, & Range (Pt I I Townships Sections North Not to Scale Figure 5: Northwest Corner of CR 17 and CR 54 Map of Oil and Gas Wells / Fields Weld County, Colorado EEC Project #: 1242021 Date: April 2024 EARTH ENGINEERING CONSULTANTS, LLC County Road 56 I Brush 0ry IC re I - LAR X1% ti N {f am tit pigs N Comity Raai `.- Fi N a7 F 0 `+ 2 C t y J O r t Project Site Co unty_ Read. 54 - LE; ti N Co ur4y-Road 54 Conroy- Road 54 T2 N ti —NC IN _f1 \ o 2- John sloven \. G NfieCe fir 9/15/2022, 9:49:32 AM State _Land _Board_Mineral Ownership I State_Border_DOLA 24K_Q uadrangle_Boundaries_CGS Other Quad Boundaries 1974 Study Area Quadrangle Boundary County_ Boundaries_DOLA 0 Other Mapped Boundaries definite contact, known/observed (solid) - inferred, buried (dotted) contact approximate (dashed) contact neatline (used for delineation of resource areas that end at a county boundary) unattributed line, used for clarification of textual notes Landform_Unit _Classification A - alluvial fan E - ealian sand (wind deposited) F - floodplain deposit M - man-made deposits (slag, tailings, spoils, etc.) O - other, includes conglomerates R - potential quarry aggregate resource T - stream terrace deposit U - upland deposits V - valley fill (floodplain and/or terrace deposits) Z - not mapped Historic_Quarry_Drill_Hole_and_Sample_Locations drill hole • other (no data available) • quarry O sample site sand/gravel pit 0 0 0.15 1' 0.25 '1 1:18,056 0.3 i 0.5 I 0.6 mi 1km Schwachow, S_D.. Shroba, R_R., and Wicklein, P.C., 1974, Sand. Gravel, and Quarry Aggregate Resources, Colorado Front Range Counties, Colorado Geological Survey, Denver; Colorado, Colorado Geological Survey Special Publication (SP) 5-A (43 pp., 3 Plates) Web AppBuilder for ArcGIS City of Greeley, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, METI/NASA, EPA, USDA I Schwochow, S.D., Shroba, R.R., and Wicklein, P.C., 1974, Sand, Gravel, and Quarry Aggregate Resources, Colorado Front Range Counties, Colorado Geological Survey, Denver, Colorado, Figure 6: Northwest Corner of CR 17 and CR 54 - Aggregate Resources Map Weld County, Colorado EEC Project #: 1242021 Date: April 2024 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC 4568666 Pages: 1 of 8 02/24/2020 10:06 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I1/21) ?On 4114 i Liki% lit15011friiii tin GRAN T OF PIPELINE RIGHT-OF-WAY EASEMENT AND TEMPORARY USE AREA HANKlN5 FARMS, LLC, whose address is 27001 Weld County Road 17, Johnstown, Colorado 80534 ("Grantor") hereby grants and conveys to DCP OPERATING COMPANY, LP, whose local ad dress is 3026 4t" Avenue, Greeley, Colorado 80631, ("Grantee,_), a certain non-exclusive easement and right-of-way ("Easement"), along with 0 easement and temporary use area ("Temporary Use Area") on, an associated temporary p ry "Property") in the property described in Exhibit"A" (the Property ) over, across, along, under and p p y nce together with the right to enter, re-enter, occupy and hereby incorporated by reference, g llowinpurposes related to Grantee's construction and use the Property for the fo g p ur p operation of a pipeline. A. USE OF EAS EMENT AND TEMPORARY USE AREA BY GRANTEE. The right to use the Easement Temporary and Tem Use Area shall belong to Grantee and its agents, employees, designees, contractors, guests and directors, members, officers, g invitees, successors assignsor assi and all those acting by or on their behalf for the following , purposes: 1. Use of Easement and Temporary Use Area. To survey, construct, inspect, operate, repair, replace, modify, reconstruct, mark, maintain, p p monitor, a bandon or remove, at Grantee's election one eight inch (8"), or smaller, pipeline appurtenances, eline and a urtenances, below ground, including but not limited to launchers and receivers, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any s other as sociated substances, whether fluid, solid or gaseous, and any rivatives combinations or mixtures of any of the foregoing, in, products, de , g under, or through the land situated in Weld County, State of Colorado., as described and shown on attached Exhibit "A". 2. Terra of Easement. The Easement, being Twenty feet (20') in width, shall rema in in force and effect for so long as the pipeline installed pursuant to paragraph A.1 is being used or is available for use for the described uses. In the event the wells being served by said pipeline are abandoned, Grantee shall have no rights of any type in and into the subject property. 3. TermTemporary of Use Area. The Temporary Use Area being Th i rty feet (30'} ( on both sides of the Easement as described Paragraph A.1 shall remain in force and effective from this date the until construction of the pipeline within the Easement is complete and Grantee has restored the Easement Temporary and Tem ora Use Area as required pursuant to this Agreement and applicable regulations. 1 F:\KFL\HANKINS\DCP MIDSTREAM\EASErMENT RIGHT OF WAY DCP 201 9.DOCX 4566666 Pages: 2 of 8 02/24/2020 10:06 AM R Fee:$0.00 $0 E. 1 d County,. CO Carly Kappes, Clerk and Recorder,11 Kt ri Mil lei hali IC 11 4. Assignability. The Grantee shall have the right to assign all or any portion of the rights and obligations herein granted and the assignee shall assume all rights and obligations granted under this Grant of Pipeline Right - of -Way Easement and Temporary Use Area. The Grantee will provide the Grantor with written notice of any assignment within thirty (30) days of the assignment. 5. Exceptions. Grantee's rights hereunder are expressly subject to the following: (a) All reservations, grants, limitations and conditions of any underlying patents covering the Easement or Temporary Use Area or any portions thereof, and the rights of any party pursuant thereto recorded as of the date of this Agreement; (b) All easements or rights -of -way over or across the Easement or Temporary Use Area or any portion thereof recorded as of the date of this Agreement; (c) The rights of any party under any oil, gas, mineral or other leases, or surface owners' agreement or agreements, if any, covering all or any portion of the Easement and Temporary Use Area, provided the exercise of those rights do not interfere with the use and enjoyment of this Easement or Temporary Use Area by the Grantee; 6. Covenants, Easements and Indemnities of the Grantee. During the term of this Easement and the Temporary Use Area: (a) Grantee shall bury the pipeline installed by Grantee with a minimum of thirty-six (36) inches of cover at the time of construction. Said pipeline shall be constructed in the specific location and in the manner designated and referred to herein and as shown on Exhibit "A"; (b) Grantee agrees that it will at all times maintain said pipeline in proper condition and repair ail breaks, damages and leaks therein and thereto at its own expense and further that, if by reason of any break, leak or damage in and to said pipeline, injury to the property of the Grantor is sustained, then Grantee. will, with due diligence, repair and replace such property of Grantor to the same condition as it was prior to such break, 2 F:\KFL\HANKINS\DCP MIDSTREA/vIVASEMENT RIGHT OF WAY DCP 20`19.DOCX 4558666 Pagan: 3 of 8 02/24/2020 10:06 AM R Fee:$0,00 Carly Kappes, Clerk and Recorder, Weld County, CO EllW� _HI! leak or damage and Grantee will pay for any and all damages resulting from such break, leak or damage sustained or incurred by Grantor within a reasonable period of time; c Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages, if any, within a reasonable period of time; (d) During construction of the pipeline, the same shall be compacted upon installation. In excavating for the pipeline, soils will be separated so that the top soil and subsurface soil shall be placed back in the proper order and leveled with the topsoil on top; (e) Within a reasonable period of time upon conclusion of any initial construction or later maintenance, construction or repair work, Grantee shall restore the Easement and Temporary Use Area and any other work area to as near their pre-existing condition as is reasonably practicable, including the replacement and repair of any fencing, the removal of all rocks from the Property greater than three inches (3") diameter, and replacing any topsoil removed and disturbed. (f) (g) Grantee shall give Grantor prompt notice of any of the following occurrences arising with regard to the Property or Grantee's activities thereon; (i) Any spill, release, or other occurrence that constitute a violation of the provisions of any applicable laws, rules or regulations or this Grant of Pipeline Right -of -Way Easement and Temporary Use Area; and (ii) Any notices, claims or allegations of environmental violations or contamination received from any federal, state or local governmental agency or authority or the filing or commencement of any judicial or administrative proceeding by any such agency. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all damages, claims, causes of action, actions, losses, liabilities, fines, costs, and expenses 3 F:\KFL\I-IANKINS\DCP MIDSTREAM\EASEMENT RIGHT OF WAY DCP 2019.DOCX 4568866 Pages. 4 of 8 02/24/2020 10:06 AM Record Fee: $0L4� d County, CO Gar lY KoPpes , Clerk and 11111 tirdnormanioxicommallici (including without limitation reasonable attorneys' fees and. expenses and costs of investigation or trial) resulting from Grantee's failure to comply with the laws, ordinances, rules and regulations or otherwise resulting from or related to negligent operations conducted by Grantee under this Easement. Grantee shall further indemnify, defend and hold Grantor harmless from and against any and all damages, claims, demands, causes of action, actions, losses, liabilities, fines, costs, and expenses (including without limitation reasonable attorneys' fees and expenses and costs of investigation or trial) arising out of damage to livestock and property or injury to or death of Grantor's employees or any other person or party, where such injury, death or damage occurs as a result of the Grantee's operations under this Easement. (h) (I) Grantee shall indemnify and hold Grantor harmless from and. against any and all claims and liens upon the Easement for labor or materials furnished to Grantee; Access to and egress from the Easement and Temporary Use Area shall be limited to direct access from established public roadways or access from those roads identified by Grantor as access roads. Grantee shall provide 24 hours notice of its intent to enter and begin construction. Grantee will be responsible for any and all actual damages relating to its use of such access roads. In addition, after construction is completed, Grantee may utilize access roads under the same conditions as herein stated for necessary pipeline maintenance and repair at no additional cost. Grantee shall be liable to Grantor for any and all actual damages or physical injuries arising out of or relating to the actions of any agent, employee, contractor, subcontractor, guest or invitee resulting from the negligent actions or omissions of the Grantee; 75 Specific Enforcement. The Easement and Temporary Use Area are specifically enforceable, and in the event of either party's default with respect to any of the covenants and Easements hereunder on its part to be kept and performed, the defaulting party shall pay to the non -defaulting party all costs and expenses of enforcing the Easement and Temporary Use Area, or in pursuing any remedy provided hereunder or by the statutes of 4 F;\KFL\HANKINS\DCP MIDSTREAM\EASEMENT RIGHT OF WAY'DCP 2019.DOCX the .State •of .Colorado,. whether s otherwise, ncludi'ng rea:son.a:b:l.• be .ou nty:,. o:lorad o:. 8. .Warra:nty� Grantor makes .n:o'v arranty, the Property, the. Ease rne°r t or t pursued' by filing. suit :or. Venue_ for any action shall lie o r statuto rs:h p thereot. of :EAS M ENT AND TEMPORARY USE. AREA iBY. GRANTOR: Grantee's use of the Easement and 'Temp.orary. Use: Area :hereunder shall be no:n:- exclusive. The Grantor reserves the right to cultivate .use and occupy th:e land covered: by the Easement cons tent with the. rights and �..:rivile::�� es he a: granted . and will .. ...... . �. .... p ... � . h.....re n 9.r .... ted which U�l�l not rr ateriall : interfere with. or .endanger 'any of thefa it t es ith:in the Easement .or use .i :thereof :by the Grantee. Such reservation theGrantor sh:a:ll i n .no event include the -rig : t. to ‘.construct any buld:ngs o.:r other permanent or temporary improvements', to. p un. water, to :change:.th:e: grotto on or .over the' Ease.ment., or to plant any trees or shrubs within the. Ease nent. Grantor shag indemnif� .defe.nd hold .Grantee :harmless ....y� :.. andr from and against any a:nd alI BENEFITS AND BURDENS. 'The benefits: and burdens of this .rant Of P 'pe:tine Right-of=Vll:ay Easement' and:.Tempo:ra:ry Use Area shallbe binding. upon :and :shall. loute to: the benefit of the. Grantee and the Grantor, their i:r heirs,:. i ..... . .. Grantee. e a�ssgns.., successors a.nd.. personal :rep-rese:n_tatives. This Grant may te: exe and the same agreom.ent.. N WITNESS WHEREOF., the: S e pte:rn.b.er, :201:: 9:... Grantor .Hankins .Farms,. LLG By: - ..). :Harlan UV. H:an.kins, Manager F`KFC\HANK1Ns\DCP MIDSE'REAM`EA$EMENT RIGHT OF WAY .D.CP2019.©.00 f :in CO u.nterpatts eat of which shall be :considered 5 tee: idstrea COUNTY OF:WELD WELD TE OF CC.L + UNTY :OF WELD T:h : f ore o.. ng inst ' tom b e:r..01:9 : co rrm SS. 0 Notary Public State of Colorado. .Notary ID *20124063203 a:r rr 'salon x wee 09 09n20s2026 SS. ) d$.1C. before: .me this r ::of Hankins. Farms, Nota:r PubI% : instrument was acknowledged ::beforre me this., . '~ .da. :of e tee of :DCI' Midstream, :bIt of Such :d :.and. ..off feral seal fly commission/2 F KFIA 1NKIN DCP:MIC}STt FAN.\F. I. $NEWT RIG.Hr OFWAY:DCP 2&i9;0()C DCP MIDSTREAM LP EXHIBIT -A A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3442851 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20 AS BEARING NORTH OO'O1'37" WEST A DISTANCE OF 2652.32 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 67 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20, NORTH 00'01'37" WEST A DISTANCE OF 80.24 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'58'23" WEST A DISTANCE OF 181.72 FEET TO THE TRUE THENCE NORTH 89`57'01" WEST A DISTANCE OF 1141.29 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 20; THENCE ALONG SAID WEST LINE NORTH 00`03'35" WEST A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID WEST LINE SOUTH 89'5701" EAST A DISTANCE OF 1197.88 FEET; THENCE SOUTH 70'34'17" WEST A DISTANCE OF 59.98 FEET TO THE T THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO, DANIEL R. HOLMES PLS 38213 PERMANENT EASEMENT ACQUISITION HANKINS FARMS LLC WELD COUNTY, COLORADO 4568666 Pages: 7 of 8 02/24/2020 10:06 AM R Fee:$0.00 $o . 00 Carly Koppes, Clerk and Recorder, Weld County, CO X111 !� �� kMIi 'IJULIVreiv _I Ill WCR 17&54 INTERSECTION PROJECT DRAWN BY: DRI I SHEET, 1 aft DCP MIDSTREAM LP EXHIB IT -A E 1/4 COR. S20—T5N—,R67d :.. 2-1/2" ALUM. CAP ON #6 RBR. STAMPED LS#12374 IN MON. BOX • HANKINS FARMS LLC PARC.#095720 100004 RECP.#3442&5 t E-1/2 of the SE -1/4 SEC 20—T5N—R67W 5-1/4 COR.. S20-T5N-R67W 2-1/2" ALUM. CAP ON #6 RBA. STAMPED L.1274 1N.' MON. BOX Pte. PROPOSED DCP EASEMENT 23,391.75 sf.±/0.54 ac.± EXISTING 80.00' ROW JAN 9, 1884 REC#12363 RD 8k 3 -PG 254 RD100/154 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT EASEMENT ACQUISITION HANKINS FARMS LLC WELD COUNTY, COLORADO 4588688 Pages: 8 of 8 02/24/2020 10:06 AM R Fee:$0.00 $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 'V•iay.�.� - ��w. Q.C.D. 30' WIDE-- W. SIDE OF THE SW QUARTER 21-5-67 APRIL 4, 1894 REC#51710 Q.C.D. 30' WIDE- E. SIDE OF THE NE QUARTER 29-5-67 & 30' ME - E. SIDE QF THE SE QUARTER 20-5-67 APRIL 14, 1894 REC#52049 P.O.C. SE COR. 520--T5N—R:67 c 2-1/2" -l1/2°' ALUM. CAP ON #6 RBR, STAMPED LS#12374 IN MON. BOX DATE: 10-31-18 PROJECT NO: SRP-30 -30 DRAWN BY: DR14 SHEET: 2 of 2 1111111 11111 111111 uiii uin iiu 1111111 iii 111111111 iui 3523043 12/12/2007 11:29A Weld County, CO 94?- 1 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder GRANT OF PIPELINE RIGHT-OF-WAY EASEMENT AND TEMPORARY USE AREA HANKINS FARMS, LLC whose address is 27001 Weld County Road 17, Johnstown, Colorado 80534 ("Grantor") hereby grants and conveys to DCP MIDSTREAM, LP, whose local address is 1324 North 7th Avenue, Greeley, Colorado 80631, ("Grantee"), a certain non-exclusive easement and right-of-way ("Easement"), along with an associated temporary easement and temporary use area ("Temporary Use Area") on, over, across, along, under and in the property described in Exhibit "A" (the "Property") hereby incorporated by reference, together with the right to enter, re-enter, occupy and use the Property for the following purposes related to Grantee's construction and operation of a pipeline. A. USE OF EASEMENT AND TEMPORARY USE AREA I3Y GRANTEE. The right to use the Easement and Temporary Use Area shall belong to Grantee and its directors, members, officers, agents, employees, designees, contractors, guests and invitees, successors or assigns, and all those acting by or on their behalf for the following purposes: 1. Use of Easement and Temporary Use Area To survey, construct, maintain, inspect, operate, repair, replace, modify, reconstruct, mark, monitor, abandon or remove, at Grantee's election one eight inch (&), or smaller, pipeline and appurtenances, below ground, including but not limited to launchers and receivers, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other associated substances, whether fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, under, or through the land situated in Weld County, state of Colorado, as described and shown on attached Exhibit "A". 2. Term of Easement. The Easement, being Twenty feet (20') in width, shall remain in force and effect for so long as the pipeline installed pursuant to paragraph A.1 is being used or is available for use for the described uses. In the event the wells being served by said pipeline are abandoned, Grantee shall have no rights of any type in and into the subject property. 3. Term of Temporary Use Area. The Temporary Use Area being Thirty feet (30') on both sides of the Easement as described Paragraph A.1 shall remain in force and effective from this date the until construction of the pipeline within the Easement is complete and Grantee has restored the Easement and Temporary Use Area as required pursuant to this Agreement and applicable regulations. F,\.KFL\ARCHIVE\HANKINS\.EASEhriENT RIGHT OF WAY DCP .wpd 1 I i1ii11 1iiii 111iii iiii1 1iiii 111i iiii11i iii i111i liii i0i 3523043 12/12/2007 11:29A Weld County, CO 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 4. Assignability. The Grantee shall have the right to assign all or any portion of the rights and obligations herein granted and the assignee shall assume all rights and obligations granted under this Grant of Pipeline Right - of -Way Easement and Temporary Use Area. The Grantee will provide the Grantor with written notice of any assignment within thirty (30) days of the assignment. 5. Exceptions. Grantee's rights hereunder are expressly subject to the following: (a) All reservations, grants, limitations and conditions of any underlying patents covering the Easement or Temporary Use Area or any portions thereof, and the rights of any party pursuant thereto recorded as of the date of this Agreement; (b) All easements or rights -of -way over or across the Easement or Temporary Use Area or any portion thereof recorded as of the date of this Agreement; (c) The rights of any party under any oil, gas, mineral or other leases, or surface owners' agreement or agreements, if any, covering all or any portion of the Easement and Temporary Use Area, provided the exercise of those rights do not interfere with the use and enjoyment of this Easement or Temporary Use Area by the Grantee; 6. Covenants , Easements and Indemnities_of the Grantee. During the term of this Easement and the Temporary Use Area: (a) Grantee shall bury the pipeline installed by Grantee with a minimum of thirty-six (36) inches of cover at the time of construction. Said pipeline shall be constructed in the specific location and in the manner designated and referred to herein and as shown on Exhibit "A"; (b) Grantee agrees that it will at all times maintain said pipeline in proper condition and repair all breaks, damages and leaks therein and thereto at its own expense and further that, if by reason of any break, leak or damage in and to said pipeline, injury to the property of the Grantor is sustained, then Grantee will, with due diligence, repair and replace such property of Grantor to the same condition as it was prior to such break, leak or damage and Grantee will pay for any and all damages F;1K U ARCHIVEIHANKINS\EASEMENT RIGHT OF WAY DCP .wpd AN 111111 iiii1 1111 111111 3523043 12/12/2007 11:29A Weld County, CO 3 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder resulting from such break, leak or damage sustained or incurred by Grantor within a reasonable period of time; (c) Grantee further agrees that, if at any time, the pipeline settles or causes any settling in the area of the pipeline, it will make all necessary repairs at Grantee's sole cost and expense and pay damages, if any, within a reasonable period of time; (d) During construction of the pipeline, the same shall be compacted upon installation. In excavating for the pipeline, soils will be separated so that the top soil and subsurface soil shall be placed back in the proper order and leveled with the topsoil on top; (e) Within a reasonable period of time upon conclusion of any initial construction or later maintenance, construction or repair work, Grantee shall restore the Easement and Temporary Use Area and any other work area to as near their pre-existing condition as is reasonably practicable, including the replacement and repair of any fencing, the removal of all rocks from the Property greater than three inches (3") diameter, and replacing any topsoil removed and disturbed. (0 (g) Grantee shall give Grantor prompt notice of any of the following occurrences arising with regard to the Property or Grantee's activities thereon; (i) Any spill, release, or other occurrence that constitute a violation of the provisions of any applicable laws, rules or regulations or this Grant of Pipeline Right -of -Way Easement and Temporary Use Area; and (ii) Any notices, claims or allegations of environmental violations or contamination received from any federal, state or local governmental agency or authority or the filing or commencement of any judicial or administrative proceeding by any such agency, Grantee shall indemnify, defend and hold Grantor harmless from and against any and all damages, claims, causes of action, actions, losses, liabilities, fines, costs, and expenses (including without limitation reasonable attorneys' fees and expenses and costs of investigation or trial) resulting from Grantee's failure to comply with the laws, ordinances, rules and F:`KFL\ARCHIVE\HANKINS\F'ASEMENT RIGHT OF WAY DCP .wpd 3 I4!IIII 11111 IIIlil VIII lilll liii 1111111 III 11111 1111 1111 3523043 12/12/2007 11:29A Weld County, CO 4 of 7 B 36.00 D 0.00 Steve Moreno Clerk & Recorder regulations or otherwise resulting from or related to negligent operations conducted by Grantee under this Easement. Grantee shall further indemnify, defend and hold Grantor harmless from and against any and all damages, claims, demands, causes of action, actions, losses, liabilities, fines, costs, and expenses (including without limitation reasonable attorneys' fees and expenses and costs of investigation or trial) arising out of damage to livestock and property or injury to or death of Grantor's employees or any other person or party, where such injury, death or damage occurs as a result of the Grantee's operations under this Easement. Grantee shall indemnify and hold Grantor harmless from and against any and all claims and liens upon the Easement for labor or materials furnished to Grantee; Access to and egress from the Easement and Temporary Use Area shall be limited to direct access from established public roadways or access from those roads identified by Grantor as access roads. Grantee shall provide 24 hours notice of its intent to enter and begin construction. Grantee will be responsible for any and all actual damages relating to its use of such access roads. In addition, after construction is completed, Grantee may utilize access roads under the same conditions as herein stated for necessary pipeline maintenance and repair at no additional cost. (j) Grantee shall be liable to Grantor for any and all actual damages or physical injuries arising out of or relating to the actions of any agent, employee, contractor, subcontractor, guest or invitee resulting from the negligent actions or omissions of the Grantee; 7. Specific.Enforcement. The Easement and Temporary Use Area are specifically enforceable, and in the event of either party's default with respect to any of the covenants and Easements hereunder on its part to be kept and performed, the defaulting party shall pay to the non -defaulting party all costs and expenses of enforcing the Easement and Temporary Use Area, or in pursuing any remedy provided hereunder or by the statutes of the state of Colorado, whether such remedy is pursued by filing suit or otherwise, including reasonable attorney's fees. Venue for any action shall be in Weld County, Colorado. F:\KFUARCHIVE\H.ANKINS\EASEMENT RIGHT OF WAY DCP .wpd 4 111111111111111111 11111111111111 I11II1 III 11111 IIII 1111 3523043 12/12/2007 11:29A Weld County, CO 5 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder 8. Warranty. Grantor makes no warranty, express, implied or statutory with respect to the Property, the Easement or the ownership thereof. B. USE OF EASEMENT AND TEMPORARY USE AREA BY GRANTOR. Grantee's use of the Easement and Temporary Use Area hereunder shall be non-exclusive. The Grantor reserves the right to cultivate, use and occupy the land covered by the Easement consistent with the rights and privileges herein granted and which will not materially interfere with or endanger any of the facilities within the Easement or use thereof by the Grantee. Such reservation by the Grantor shall in no event include the right to construct any buildings or other permanent or temporary improvements, to impound water, to change the grade on or over the Easement, or to plant any trees or shrubs within the Easement. Grantor shall indemnify, defend and hold Grantee harmless from and against any and all C. BENEFITS ND BURDENS. The benefits and burdens of this Grant of Pipeline Right -Of -Way Easement and Temporary Use Area shall be binding upon and shall inure to the benefit of the Grantee and the Grantor, their heirs, assigns, successors and personal representatives. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Grant this 25th day of September, 2007, Grantor: Hankins Farms, LLC By: Harlan W. Hankins, Manager Ph to- F:\KFLIARCUIVEI-IANKINS\EASEMENT RIGHT OF WAY DCP .wpd r 5 Grantee: DCP Midstream, LP Ilm fir 1111111 11111 111111 11111 11111 liii 1111111 111111111111 Jill 3523043 12112/2007 11:29A Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) } COUNTY OF WELD } ss The foregoing instrument was acknowledged before me this 251h day of September, 2007 by Harlan W. Hankins, Manager of Hankins Farms, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires 07118/2011 My commission expires: STATE OF COLORADO ) ss. COUNTY OF WELD ) Notary Public Y 1p* T _ 4 9 6 • + pit/ , 1 f czer " i%! 11 .�� o The foregoing instrument was acknowledged before me this day of September, 2007 by m_ 0.- lac-Rml oc _ of DCP Midstream, LP, in its capacity as \ery‘s41-Ocl 4 yc , on behalf of such compan . � Witness my hand and official seal. My commission expires: k\- 0 _ \ ,-to, \: } , , ii.:'` �' :f.... Ape es, , j.} + p r • ■ a ` ; ` ,.•{ - 7 . sa .I.r.c ft. f i • i f - /Ili_ Irma • ill-439•Aft F:1KFL1ARCHIVE\HANKINSIF,ASEMENT RIGHT OF WAY DCP Avpd 6 p Notary Public cn psmegylwxmo§ RmEltwATImP033 Al2AgMTARF R;182 eisid _wgclm 0-m. tE en v mI ong -� ti C 8 m2=n E gg %18m . q- TVEE% XEg ZIZE2 :aa E4R!5 TT i r 0 A S 0 O@ Ac� Pte° g" n Mi Str RE': 4 m 1 cd Am. QVg I -I w 42* rrii ginitr PI CA mq I Q • m t_ m Mm on E° 2t1 - r,, S FOR PERMI 11NO PURPOSES. THE VERTICAL POSITION IS NOT BASED ON AN o A SIN3POINOIN 3H.t 492,10.00 N Xne 01 0 -> _452 C a L 2 41 m �rn o R 0 K#J o tom+ Tit xc x1 O cr w 0J 0 CO § P a,c5 ct -13 a CO 01 0 CP4 ›C crIn- o 471 cp r2 ten cm r -e t. C o t I i i i 0 I=' 0 0 C Q 00 N' in rr'J i 0 010 a rat 73 0 c N m -U 0 0 Cr rn Fri L C 3 rn2 2rrl ODIa 0 rnr Ire Lel C) CO Rti SINr1eEMOd 0 LI 2J 6 C) R Y p 0 aS LA nit r - u) 0 C en p CV CO en UI CO CD a, C C C a a 01) c cei CU to 2 ars -, cn Cre + Lel ors 011 at O -j Di c,,, 'fr LA C2 13 CA c, c 'i ND el E LINE F SE "I RR SEC 20 (BASIS OF BEARINGS) -fig a cn Ct CO CO #0 03 721 a 0) Co r Cr Uri en (13 L71 "[I CCILm N o q s 0 co aid xi CO CD Cri 7 a CP. 0 p r Fri a a 04 0) C cri tc-t , rriS • it NS Lari 41. — 0 5 1%a tb 03 Cram>Cir)} J -' 4 T V L -▪ • !NJ�c V c CO a ▪ ▪ Cr) N _rte ° CO 7 - zi N 00.01136* 2551,56 Fri 0 to Cfl<SR C cmi -mJ Fri a1-0 Cr r C23 Xal "Ulm C C C) U' 111111 IIIII lillll IIIII IIIII IIII 1111111 III IIIII IIII III 3523043 12/12/2007 11:29A Weld County, CO 7 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder The names and addresses of any owner, operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. on the property, if applicable. Petroleum Development Corporation 1099 18th Street, Suite 1500 Denver, CO 80202 Kerr-McGee Oil & Gas Onshore LP Attn: Land Manager/ Wattenberg 1099 18th Street, Suite 700 Denver, CO 80202 DCP Midstream, LP now part of Phillips 66 Phillips 66 P.O. Box 421959 Houston, TX 77242-1959 Poudre Valley Rural Electric Association, Inc 7649 REA Parkway Fort Collins, CO 80528 Little Thompson Water District 835 E. Highway 56 Berthoud, CO 80513 U.S. West Communications/ Qwest Corporation D/B/A Century Link QC 930 15th Street Denver, CO 80202 April 11, 2024 EARTH ENGINEERING CONSULTANTS, LLC Hankins Farms, LLC 27001 CR 17 Johnstown, Colorado 80534 Attn: Mr. Darren Hankins (darren@hankinsfarms.com) Re: Preliminary Review of Subsurface Conditions Northwest Corner of County Roads 17 and 54 Weld County, Colorado EEC Project No. 1242021 Mr. Hankins: As requested, Earth Engineering Consultants, LLC (EEC) personnel have completed the preliminary review of subsurface conditions you requested for the referenced site. That evaluation was completed by reviewing readily available data concerning soil and groundwater conditions at the site, principally through review of United States Geologic Society (USGS) and Natural Resources Conservation Service (MRCS) published information. The purpose of this report is to provide a succinct description of the subsurface conditions likely present on the site. A summary of our review is provided herein. The property is located in the East 1/2 of the Southeast 1/4 of Section 20, T5N, R67W of the 6th Principal Meridian, in Weld County, Colorado. The development parcel includes approximately 40 acres. Site drainage is generally from east to west with slopes of about 3%. A diagram indicating the approximate location of the development is included with this report. Review of soil classification mapping (Natural Resources Conservation Service, 2024) indicates the near surface subgrades consist of Thedalund loam (Map Unit Symbol 65), Colby loam (Map Unit Symbol 15), and Kim loam (Map Unit Symbol 33). Thedalund loam is described as soil with varying amounts of sand, silt, and clay, residuum of the underlying bedrock materials. Colby loam and Kim loam are described as silt and silty sand soils. Geologic mapping indicates those near surface soils are described as eolium (Colton, 1978) underlain by bedrock which predominantly consists of Pierre Shale (Tweto, 1979). Groundwater depths are suggested at depths greater than 80 inches below ground surface. The referenced Natural Resources Conservation Service soil maps 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 545-3908 FAX (970) 663-0282 www.earth-en gineering.corn Earth Engineering Consultants, LLC EEC Project No. 1242021 April 11, 2024 Page 2 and associated map unit descriptions are attached with this report under separate cover. Based on our review of the soil conditions, foundations for structures could possibly consist of the following. The use of shallow foundations appears likely where adequate separation from bedrock can be maintained. Where bedrock is closer to ground surface, drilled pier foundations are likely instead of spread footing foundations. Care will be needed to evaluate the subgrades for expansive soils and where present, mitigation of those soils is likely. The evaluation for this report was based on a review of readily available public information for the property and/or prior experience in the general area. A geotechnical subsurface exploration is recommended to determine the soil conditions at this site for design of the site improvements and provide the necessary recommendations. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering C s sultants, LLC Ethan P. Wiechert, P.E. Senior Project Engineer Reviewed by: David A. Richer, P.E. Senior Geotechnical Engineer cc: KW Commercial — bob.demaree@kw.com Earth Engineering Consultants, LLC EEC Project No. 1242021 April 11, 2024 Page 3 References Colton, R. B. (1978). Geologic map of the Boulder -Fort Collins -Greeley area, Front Range Urban Corridor, Colorado. U.S. Geological Survey. Natural Resources Conservation Service. (2024). Custom Soil Resource Report for Weld County, Colorado Southern Part. Tweto, O. (1979). Geologic Map of Colorado. United States Geological Survey. USDA United States Department of Agriculture N ACS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part CR 17 and 54 April 10, 2024 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nrcs142p2_053951). 142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 11 Map Unit Descriptions 11 Weld County, Colorado, Southern Part 13 15 Colby loam, 1 to 3 percent slopes 13 17 Colby loam, 5 to 9 percent slopes 14 33 Kim loam, 3 to 5 percent slopes 15 65 Thedalund loam, 3 to 9 percent slopes 16 References 18 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 vt 0 40° 22' 57' N 0 — r` 0 ti 40° 22' 37' N 507440 507510 Custom Soil Resource Report Soil Map 507580 507440 507510 507580 507650 507720 507790 507860 Map Scale: 1:3,070 if printed on A portrait (8.5" x 11") sheet. 507650 0 45 90 180 Feet 0 100 200 400 600 Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 507720 Meters 270 507790 507860 N 0 rn N w ti ri co 0 r� 40° 22'57'N 40° 22' 37' N 9 Custom Soil Resource Report MAP LEGEND Area of Interest (AO!) Area of Interest (AO1) Soils C Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout r, O 0 v •m 4 4 404 Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot a Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background iair°§1 Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA -MRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 22, Aug 24, 2023 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 8, 2021 Jun 12, 2021 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 10 Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 15 Colby slopes loam, 1 to 3 percent 24.7 58.0% 17 Colby slopes loam, 5 to 9 percent 0.0 0.0% 33 Kim loam, 3 to 5 percent slopes 4.4 10.3% 65 Thedalund slopes loam, 3 to 9 percent 13.5 31.7% Totals for Area of Interest 42.6 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate 11 Custom Soil Resource Report pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Weld County, Colorado, Southern Part 15 Colby loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 361q Elevation: 4,850 to 5,050 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 50 degrees F Frost -free period: 135 to 155 days Farmland classification: Prime farmland if irrigated Map Unit Composition Colby and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Colby Setting Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile HI - 0 to 7 inches: loam H2 - 7 to 60 inches: silt loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water supply, 0 to 60 inches: High (about 10.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (non irrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Wiley Percent of map unit: 9 Hydric soil rating: No Keith Percent of map unit: 6 percent percent 13 Custom Soil Resource Report Hydric soil rating: No 17 Colby loam, 5 to 9 percent slopes Map Unit Setting National map unit symbol: 361s Elevation: 4,850 to 5,050 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 50 degrees F Frost -free period: 135 to 155 days Farmland classification: Not prime farmland Map Unit Composition Colby and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Colby Setting Landform: Ridges, hills Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile HI - 0 to 7 inches: loam H2 - 7 to 60 inches: silt loam Properties and qualities Slope: 5 to 9 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water supply, 0 to 60 inches: High (about 10.6 inches) Interpretive groups Land capability classification (irrigated): 6e Land capability classification (non irrigated): 6e Hydrologic Soil Group: B Ecological site: R067BY008CO - Loamy Slopes Hydric soil rating: No Custom Soil Resource Report Minor Components Wiley Percent of map unit: 10 percent Hydric soil rating: No 33 Kim loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 362c Elevation: 4,900 to 5,250 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 46 to 52 degrees F Frost -free period: 125 to 150 days Farmland classification: Farmland of statewide importance Map Unit Composition Kim and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Kim Setting Landform: Alluvial fans, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed eolian deposits derived from sedimentary rock Typical profile H1 - 0 to 12 inches: loam H2 - 12 to 40 inches: loam H3 - 40 to 60 inches: fine sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water supply, 0 to 60 inches: Moderate (about 9.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Custom Soil Resource Report Hydrologic Soil Group: A Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Otero Percent of map unit: 10 percent Hydric soil rating: No 65 Thedalund loam, 3 to 9 percent slopes Map Unit Setting National map unit symbol: 363h Elevation: 4,900 to 5,250 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 160 days Farmland classification: Not prime farmland Map Unit Composition Thedalund and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Thedalund Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from shale Typical profile H1 - 0 to 8 inches: loam H2 - 8 to 29 inches: loam H3 - 29 to 33 inches: weathered bedrock Properties and qualities Slope: 3 to 9 percent Depth to restrictive feature: 20 to 40 inches to paralithic bedrock Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high (0.06 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to moderately saline (0.0 to 8.0 mmhos/cm) Available water supply, 0 to 60 inches: Low (about 4.9 inches) 16 Custom Soil Resource Report Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Ulm Percent of map unit: 7 Hydric soil rating: No Terry Percent of map unit: 6 Hydric soil rating: No Renohill Percent of map unit: 6 Hydric soil rating: No Otero Percent of map unit: 1 Hydric soil rating: No percent percent percent percent References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. N ational Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U .S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nres/detai I/national/soils/?cid=nres 142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=n res142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=n res142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. U nited States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. U nited States Department of Agriculture, Natural Resources Conservation Service. N ational forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nrcs142p2_053374 p2_053374 U nited States Department of Agriculture, Natural Resources Conservation Service. N ational range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepastu re/?cid=stelprdb 1043084 18 Custom Soil Resource Report U nited States Department of Agriculture, Natural Resources Conservation Service. N ational soil survey handbook, title 430 -VI. http://www.nrcs.usda.gov/wps/portal/ nres/detai I/soils/scientists/?cid=nres 142p2 054242 U nited States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nrcs142p2_053624 U nited States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nres.usda.gov/Internet/FSE_DOCUMENTS/nres142p2_052290.pdf 19 1111111 uiu iiuii iiii uiii iiiui iiini III uiu iiii ins 3482891 06/1212007 12:19P Weld County, Co 1l of 7 11 5111.00 D 0.00 Steve Moreno Clerk & Recorder REQUEST FOR NOTIFICATION OF PENDING SURFACE DEVELOPMENT UNDER COLORADO LAW (CRS 24-65.54 01 ET SEQ.) PERSONS MAKING APPLICATION FOR LOCAL GOVERNMENT APPROVAL OF SURFACE DEVELOPMENT, INCLUDING ZONING THAT CREATES LOT LINES, SUBDIVISION PLATS, PLANNED UNIT DEVELOPMENTS, SPECIAL USE PERMITS, OR SIMILAR LAND USE DESIGNATIONS, MUST PROVIDE ADVANCE NOTICE OF SUCH PENDING SURFACE DEVELOPMENT TO OWNERS AND LESSEES OF THE UNDERLYING MINERAL ESTATE. UNIOIL, A WHOLLY -OWNED SUBSIDIARY OF PETROLEUM DEVELOPMENT CORPORATION, IS A MINERAL ESTATE OWNER ON LANDS IN WELD COUNTY, AS SHOWN ON THE ATTACHED EXHIBIT A. THE NOTICE MUST BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY A NATIONALLY -RECOGNIZED OVERNIGHT COURIER, NO LESS THAN THIRTY DAYS PRIOR TO THE INITIAL PUBLIC HEARING ON THE APPLICATION, WHETHER CONDUCTED BY THE LOCAL GOVERNMENT PLANNING COMMISSION, CITY COUNCIL OR BOARD OF COUNTY COMMISSIONERS. THE NOTICE MUST CONTAIN THE TIME AND PLACE OF THE INITIAL HEARING, THE NATURE OF THE HEARING, THE NAME OF THE APPLICANT, AND THE LEGAL DESCRIPTION OF THE PROPERTY BY SECTION, TOWNSHIP AND RANGE. PLEASE SEND YOUR NOTICE TO: PETROLEUM DEVELOPMENT CORPORATION 1775 SHERMAN STREET, SUITE 3000 DENVER, CO 80203 A.TTN. JAMES P. WASON THE PURPOSE OF THIS NOTICE REQUIREMENT IS TO FACILITATE COORDINATION OF SURFACE DEVELOPMENT WITH EXISTING AND FUTURE WELLS ON THE PROPERTY, AS WELL AS PIPELINES, ROAD ACCESS AND PRODUCTION FACILITIES. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE REQUIREMENT, PLEASE CONTACT MR. WASON AT 303-860-5800 UNIOIL, A WHOLLY OWNED SUBSI s • OF PETROLEUM DEVELOPMENT CORPORATION BY: ES P. a S N, DIRECT'R OF LAND STATE OF COLORADO COUNTY OF DENVER BEFORE ME, the undersigned authority, on this day personally appeared James P. Wason, in his capacity as Director of Land of Petroleum Development Corporation, a corporation created under the laws of Nevada, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER my HAND AND SE % QF OFFICE this 2007. #3"�'it4OTAR •r �• ,r • st es. P LI I I t's day of r1/4_,A..at....s.x.„ Notary Public My Commission expires: . 0 PDC -- Request for Notifical ion(3).doe 1 - 1111111 Oil! fiiiii liii iiiii 11011 111111 iii nisi iui liii 3482891 06/12/2007 12:19P Weld County, Co 2 of 7 R 511.00 D 0400 Steve Moreno Clerk & Recorder EXHIBIT A (To REQUEST FOR NOTIFICATION OF PENDING SURFACE DEVELOPMENT) DESCRIPTION Township 3 North, Range 66 West, 6TH PM 1 Section 3: 14S I4, SE/4/4 PARCEL NO'S. (including but not limited to) 1211 03 000012 121103100020 121103100019 121103000017 121103100021 121103 200022 Township 3 North, Range 68 West, 6TH PM 2 Section 7: Lot 2(74,12), E/2 W/4, SE/4 120707400041 120707400039 120707400038 120707300042 120707301012 120707301011 120707300041 120707300036 1207073 01005 120707301004 120707301 003 120707301002 120707301001 12070 73 01010 120707301009 120707301008 120707301007 120707301006 120707301013 Township 4 North, Range 63 West, 6Th PM 3 Section 19 W/2 4 Section 29: S/2 105119000003 105129000004 5 Section 31: SE/4, Lot 1(79.48), E/'2N' /4 105131000002 Township 4 North, l .ange a64_' est� 6' P 6 Section 35: NW/4 Township 4 North, Range 64 West, 6TH PM 7 Section 7: Lot 2(65.60), E/2 '14 Township 4 North, Range 65 NifiaiTTI PM 1053 3 5000009 105307300038 105307000036 1053 073 0003 9 105307300034 105307300035 8 Section 25: NEf4 /4, /2 /4, N f4 /4 105525000007 Township 4 North, Range 67 West} 6 PM 9 Section 9: N,/2NE/4 105909000016 105909000021 105909100027 lt1 Section 9: N 12N /4 Purvis Addition Johnstown Colony 105909000016 105909100027 105909000025 105909000023 105909201004 105909201003 105909204004 105909200028 105909000026 11 Section 9: /2N /4 105909200028 105909000026 105909100027 PDC Request for Natificai:i©n(3).dac 2 1111111 lII11 Illill1111 IIItI 11111111111111II1II1111111 3482891 0611212007 12:19P Weld County, Co 3 of 7 R 511.00 D 0.00 Steve Moreno Clerk & Recorder DESCRIPTION PARCEL NO'S. (including but not limited to) 12 Section 9: S/2NE/4 105909100027 Township 4 North, Range 67 West 6TH PM 13 Section 9: Lots 1 & 2, Block 2, Purvis Addition, Johnstown, _ CO being in N '4N '/4 _ Township 4 North, Range 67 West T. P 14 Section 9: N12 of Lot 18, Johnstown Colony Township 4 North, Range 67 West st 6 PM 15 Section 9: Lot 13, Johnstown Colony Township 4 $6THM 16 Section 9: Lot 10, Johnstown Colony Tonshi • 4 North, Range 67 West, 6Th PM 17 Section 9: Lot 9, Johnstown Colony Lots 29 & 30, Purvis Addition Township 4 North Ran67\S1 __ 1 Section 9: N/2 of Lot 23, Johnstown Colony Township 4 North, Range 67 West, 6" PM 19 Section 9: Lots 11, 12, 20, Johnstown Co Township 4 North, Range 67 West, 6 P 20 Section 9: Lot 15, Johnstown Colony Township 4North, Range 67 West, 6TH PM 21 Section 9: Lot 3, Block 6, Purvis Addition Township 4 North, Range 67 West, 6TH PM 22 Section 9: Lot 14, Johnstown Colony Township 4 North, Range 67 West, 67 ,Ply 23 Section 9: Lot 8, Johnstown Colony Township 4 North, Range 67 West, 6TH PM 24 Section 9: Lot 21, Johnstown Colony Township 4 ;North, Range 67 West, CH PM 25 Section 9: Lots 27, 29, 30, Johnstown Colony Township 4 North, Range 67 West, 6TH PM 26 Section 9: Lot 25, Johnstown Colony Township 4 North., Range 67 West, 6TH PM 27 Section 9: Lot 12?911st0wl1 Colony Townshi Not 6 PM rth Ran a 67 Wes 28 Section 9: Lots 11, 12, Block 2, Purvis Addition Lots 1, 2, Johnstown Colony Township 4 North, Range 67 West, 6 PM 29 Section 9: Lots 7 8, Block 1, Purvis Addition Township 4 North, Range 67 West, 6m PM 30 Section 9: Lots 5 6, Purvis Addition Township 4 North, Range 67 West, 1;M 31 Section 9: Lot 2, Block 6, Purvis Addition Township 4 -North, Range 67 West, 6m PM Section 9: Lot 7, Johnstown Colony Township 4 North, Range 67 West, 6TH PM 33 Section 9: Lots 5 6 (N/2), Block 5, Purvis Addition Township 4 Norsk Range 67 West, 6TH . P 34 Section 9: Lots 6(S/2) & 7, Block 5, Purvis Addition Township 4 North, Range 67 West, 6114PM 35 Section 9: Lot 3 & 4, Bloch. 1, Purvis Addition Township r 4, -North, Range 67 West 6TH PM 36 Section 9: Lot 28, Johnstown Colon Township 4 prth�F ._nge 67 West, 6' PM 37 Section 9: Lots 33(E/2), 34, 35(W/2), Block 2, Purvis Addition Pervis Addition Johnstown Colony Johnstown Colony Johnstown Colony Pervi s Addition Johnstown Colony Johnstown Colony ColonyJohnstown Colony Johnstown Colony Purvis Addition Johnstown Colony Johnstown Colony Johnstown Colony Johnstown Colony Johnstown Colony Johnstown Colony Purvis Addition Johnstown Colony Purvis Addition Purvis Addition Purvis Addition Johnstown Colony Purvis Addition Purvis Addition Purvis Addition Johnstown Colon Purvis Addition POC -- Request for Notification(3).doc 1111111 IIIiI Illllf IIII IIIII 111111 111111 III 11111 liii IIII 3482891 0611212007 12:19P Weld County, Co 4 of 7 R 511.00 D 0.00 Steve Moreno Clerk & Recorder DESCRIPTION PARCEL NO'S. {including but not limited to Township 4 ;North, Range 67 West, 6TH PM 38 Section 9: N/2NW/4 (Lot 3, Block 3, Purvis Addition) Purvis Addition Johnstown Colony 105909000016 105909100027 105909000025 105909000023 105909201 004 105909201003 105909204004 105909200028 105909000026 Township 4 North, Rani e 67 West 6Tg PM 39 Section 9: Lots 3-9, Block 2, Purvis Addition Township 4 North, Range 67 West, 6TH PM 40 Section 9: SE/4SW/4 Township 4 North, Range 67 West, 61H PM 41 Section 10: N/2NW/4 42 Section 10: S/2NW/4 Purvis Addition 105909000020 105 910000018 105910000018 105910000019 43 Section 10: W/2NE/4, pt of 171E/4N E/4 except tract 105910000019 105910000004 Township 4 North, Range 67 West, CrIPM 44 Section 21: W/2 45 Section 29: SE/4 105921200032 105921200036 105921200034 105921200037 105921300031 105921300030 105921300029 105921000027 105921300031 105929400002 105929400001 105929000008 Township 5 North, Range 6 West 46 Section 19: Lot 4(40.71), E/4 /4, /2 S/2 E/4 47 Section 29: S/2 96519000008 096529300035 096529000028 096529000027 096529000026 096529400005 096529000034 096529400004 096529400002 096529400001 096529400062 0965 293 00063 096529300061 096529300065 096529300064 48 Section 33: SW/4 Township 5 North Range 65 West 49 Section 14: SW/4E/4 Township 5 North, Range 65 West 50 Section 14: pt W/4 E/4, aka Lot B of RE 09614 44-RE3 46 096533400002 096533000021 096114000069 096114000077 09611400078 096114000069 096114000077 096114000078 PDC -- Request for Notification(3).doc ra 4 111111111111 I3+ IIl1 IIJII illlll 11111111J 11111 1111 Ills 3482891 06/12/2007 12:19P Weld County, CO 5 of 7 R 511.QQ D 0.00 Steve Moreno Clerk & Recorder DESCRIPTION Township 5 "North, Range 65 West 51 Section 14: pt SW/4S E/4, aka Lot A of RE09+61-14-4-RE346 Township 5 North, Range 65 West 52 Section 22: SE/4NE/4 PARCEL NO'S. (including but not limited to) 096114000069 096114000077 096114000078 096122 00003 2 53 Section 22: SW/4NE/4 096122 00003 2 Township S North, Range 65 West 54 Section 23: NE/4SW/4 096123000018 096123 00008 5 Township 5North, Range 65 West 55 Section 23: S /4SE/4 096123000021 Township 5North, Range 65 West 56 Section 23: SW/4NE/4 096123000077 Township 5 N orfh_.ange 65 West 57 Section 24: pt. S/2W/4 096124000027 096124000028 Township 5 58 Section 26: 59 Section 26: Township 5 60 Section 27: North, Range 65 West NW/4NW /4 NE/4W/4 North, Range 65 West NW/4SW/4 61 Section 27: NE/4SW/4 Township 5 North, Range 65 West 62 Section 27: SE/4SE/4 63 Section 27: S W/4SE/4 096126200075 096126200075 0961273 00065 096127300066 096127300064 09612 73 00065 09612 7000026 096127000027 096127000026 096127000027 Township 5 North, Range 65� West 64 Section 32: N 30 acres of NE/4SW/4 096 132300031 096132300029 65 Section 32: N 30 acres of W/4SW/4 s Township 5 North, Range 65 'West 66 Section 32: S12S/2NEMSW/4 096132300031 09613 23 0002 8 09613 23 0002 7 096132300030 096132300019 67 Section 32: S/2 S/2NW/4 SW/4 096132300019 096132300002 Township 5 North, T .ange t 5 West 68 Section 32: Part S/2S/2E/4SW/4 096132300019 69 Section. 32: Part Si2S/2NWASW/4 096132300019 096132300002 Township 5 -North, Range 66 West 70 Section 15: SE/4 Highland Hills Sub. Highland Park Sub. 095915200005 095915400010 095915400014 095915419001 095915419002 095915400011 095915400005 095915418001 095915420001 095915420002 PDC -- Request for Notification(3).doc 111111111111 111111 VIII ill11llllll 1IIIlI Il! 1IIII I11I IlII 3482891 06112/2007 12:'19P Weld County, CO 6 of 7 R 511.00 0 0.00 Steve Moreno Clerk & Recorder DESCRIPTION IO PARCEL NO'S. Oncludine but not limy it't t!) rm Township 5 North., Range 66 West 71 Section 17: SW/4 72 Section 19: Lot 2(79.76), E2NW/4, aka NW/4 095917000022 095919000048 095919000007 Township 5 North, Range 67 West 73 Section 1: Lots 2(81.44), aka N/2NW/4, 12NW/4 Township 5 North, Range 67 West 74 Section 7: Lot 2(77.40 aka W/2NW/4), Lot 2(77.44 aka W/2W/4) 13/2W/2, aka W/2 095701201002 095701201003 080735400003 095702100059 095702100057 75 Section 17: NW/4, SE/4 Township 6 North, Range 67 West 76 Section 31: Lot 2(73.28), E/2NW/4, SE/4 095707000001 095707000008 095717000017 095717000016 080731000001 080731000003 Township 5 North, Range 67 West 77 Section 9: W/2 78 Section 13: NW/4, NW/4 W/4, SE/4SW/4 79 Section 15: NW/4 80 Section 21: SE/4, NW/4 095709000008 095709000009 095713000014 095713000013 095 713 0000 12 095 715200018 095721000003 095721000006 095721000005 81 Section 23: S/2 82 Section 13: NE/4 S W/4, W/4 W/4 095723000002 095723000012 095713000013 095713000012 Township 5 North, Range 67 West 83 Section 12: W/4 Township 5 North, Range 67 West 84 Section 16: NE/4N E/4 _ 85 Section 16: WANE/4, S/2NE/4 86 Section 16: W/2, SE/4, Promontory Residential 095712017001 095712304004 095712304003 095712304001 095712304002 095712304005 095712001019 09 5716000002 095 716000002 095716000002 095 716 000001 095716300019 095716400020 095716000018 Township 5 North, Range 67 West 87 Section 20: I`VE/4NE/4, W/2NE/4 095720100005 095720100006 88 Section 20: SERINEM, E/2SE/4 Townstlipi oWest 89 Section 22: NE/4 and pt SEM Township 5 Norte .an 7_ West 90 Section 22: E/4E/4 Township 5 North, Range 67 West 91 Section 24: SERNWM, NW '4W14 095 72 0100004 095722000009 095 722000008 095722000007 095722000008 095722000007 095 724000017 095 724000013 P -- Request for Notifiation(3).doc -6 a HUll 11111 Dliii iiii liii iiiiii iiiui iii uiii ini iui 3482891 06/12/2007 12:19P Weld County, CO 7 of 7 R 511.00 0 01100 Steve Moreno Clerk & Recorder DESCRIPTION Township 5 North, Range 67 west 92 Section 30: pt. /2 W/4 Township 6 North, Range 66 West 93 Section 30: SE/4W/4 Township 7 North, Range 66 West 94 Section 19: Lot 3(55.59), 4(55.57), E/2SW/4, SE/4 Township 8 North, Ran c 67 west 95 Section 25: W/2 PARCEL NO'S. jj+ juding but not limited to 080530000081 080530000082 080530000083 080530000058 080530000069 080530000070 080530000017 070719000006 070719000002 070719000001 070719000057 070719000058 05 5525000007 P -- Request for Notification(3).doc ..7 1111111 11111 111111 11111 111111 11111 11111 III 11111 liii liii 3525268 12/21/2007 01:50P Weld County, CO 1 of 14 R 71100 0 0.00 Steve Moreno Clerk & Recorder REQUEST FOR NOTIFICATION (Mineral Estate Owner) Pursuant to C.R.S. Section 24-65.5-101, et seq., as amended, (hereinafter referred to as the "Statute") this Request for Notification shall serve to identify the undersigned, Ken -McGee Oil & Gas Onshore LP, its successors and assigns, (hereinafter referred to as "Kerr-McGee") as a Mineral Estate Owner, underlying the lands (Surface Estate) described on the attached Exhibit A. Pursuant to the provisions of the Statute, an Applicant who submits an Application for Development to a local government shall send notice thereof to the Mineral Estate Owner, Such notice must comply with and be sent in accordance with the provisions of the Statute. All notices shall be sent to: Kerr-McGee Oil & Gas Onshore LP 1099 18th Street, #1500 Denver, CO 80202 Attn: Land Manager/Wattenberg or such other address as Kerr-McGee may indicate by filing of record with the clerk a notification of change of address form or an amendment to the request for notification. Failure by the Applicant to comply with the Statute shall entitle the Mineral Estate Owner to the damages and remedies, both legal and equitable, as provided for in the Statute, or otherwise permitted by the law, including an award of reasonable attorney fees. All terms used herein, including but not limited to Mineral Estate Owner, Applicant, and Application for Development shall have the meaning provided for in the statute. Kerr-McGee , & Gas Onshore LP By: Joseph H. L STATE OF COLORADO CITY AND COUNTY OF DENVER ttomey-act The foregoing instrument was acknowledged before me this t day of 2007, by Joseph H. Lorenzo, attorney -in -fact of Kerr-McGee Oil & Gas Onshore LP, a Delaware limited partnership, on behalf of' the partnership. Witness my hand and official seat. b.L04, set.tiA"sai *• SEAL • • S •, • • • • (.per� '• • 2 4 UBV Nti OFSdOVPIr My Commission Expires 01/1912011 Signature 2-1 Name (Print) My commission expires LaLMA 11111111111 1111I 11111 111111 11111 I1II Ill 11111 IIII IIII 3525268 12/2112007 01:50P Weld County, CO 2 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP RANGE 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N IN IN 1N IN IN IN 1N 1N IN 1N 1N 1N 1N 1N IN 1N 1N 1N 1N 1N IN 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 63W 63W 63W 63W 63W 63W 63W 64W 64W 64W 64W 64W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66Wi 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W 67W SECTION DESCRIPTION 5 11 12 13 23 24 31 24 29 30 33 35 3 5 6 7 is 20 24 29 35 1 2 3 4 5 6 7 8 10 11 13 15 16 17 18 19 20 21 22 28 29 33 35 36 1 2 3 4 5 7 W/2 SE ALL ALL NW, S/2 ALL NW, SE SE SE ALL W/2 S/2 NE ALL ALL W12 ALL W/2 NE N/2 S/2 S/2 ALL ALL ALL ALL ALL N/2 ALL ALL S/2, NW W/2 N12 ALL ALL ALL ALL E/2, NW N12 ALL W/2, NE ALL N/2 ALL SW ALL ALL W/2 ALL ALL ALL 1pf13 1111111 11111 111111 IIIII 111111 IIIII IIIII III IIIII IIII liii 3525268 12/21/2007 01:51W Weld County, CO 3 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP RANGE SECTION DESCRIPTION 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N -1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N IN IN 1N 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 8 9 10 11 12 13 14 15 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 27 31 _w _ ALL ALL ALL ALL ALL ALL ALL W12 ALL ALL ALL ALL ALL ALL ALL S/2 ALL ALL ALL S/2, NW ALL ALL N/2 ALL ALL ALL NE, SW ALL ALL ALL W/2 8/2 E/2 S/2 E12, NW W/2, NE ALL ALL ALL ALL ALL ALL ALL ALL ALL N/2 N/2, SW ALL W/2 ALL ALL S/2, NW S/2 2 of 13 1111111 Ilti�l Il1l1l Illll �tillll 11111 II11 ILL 11th 1111 IIII 3525268 12121/2007 D1:50P Weld County, CO 4 of 14 R 71,0p p 0.00 Steve Moreno clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP 1N 1N 1N 1N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N RANGE 68W 68W 68W 68W 63W 63W 63W 63W 63W 63W 63W 63W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W t 65W 65W 65W 65W 65W SECTION 33 34 35 36 5 6 7 8 18 19 20 30 1 4 6 7 18 19 21 24 26 27 29 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESCRIPTION E/2 NE ALL ALL S/2, NW W12 ALL 512 W/2 S12 W/2 N/2 ALL N12, SW W/2 ALL W/2 ALL W/2 NE SE 8/2 S/2 SE 5/2 ALL ALL ALL ALL E/2 SW ALL ALL ALL ALL ALL S/2 ALL ALL ALL NW ALL S/2 ALL W/2 ALL ALL ALL S/2 W/21SE E SW ALL 3 of 13 1111111114111111111 11111 Ui11111111113$I 'Il111 11111 11111 l� :�P Weld County, �o 3525268 12121!2407 01 5 of 14 4t 71.00 D O.DO Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N RANGE 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66V1i 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W SECTION 29 30 31 32 33 34 35 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 25 26 27 28 30 31 32 33 35 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 DESCRIPTION SW NE ALL ALL N/2, SW ALL ALL ALL ALL N/2 NE, SW ALL ALL W/2 Sf2 W/2 ALL ALL N/2 ALL W/2, SE ALL S/2,NE ALL N/2 ALL ALL S/2 SW E12 ALL E/2 5/2 S/2 E12 NEW/2 8/2 ALL E12 ALL N/2 ALL ALL Nf2, SW E/2 ALL ALL ALL ALL ALL ALL E/2 4 of 13 1111111 11111 111111111111111111111111111111111111111 liii 3525268 12/21/2007 01:5QP Weld County, CO 6 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A -A- COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 3N 3N RANGE 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 62W 62W SECTION 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 9 10 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 18 19 DESCRIPTION S/2 5/2 ALL ALL N/2 ALL ALL ALL ALL ALL ALL ALL W/2 ALL ALL E/2 ALL ALL ALL ALL ALL ALL ALL N/2 SW ALL E12 W/2 ALL W/2, SE NE E/2 ALL W/2, NE W12, SE E/2 N/2 ALL ALL S/2 N/2, SE ALL ALL ALL N/2 N/2, SE ALL ALL ALL ALL ALL 50113 1111111 11111111111 11111 111111 uiii 11111111 11111 liii iui 3525268 12/21/2007 o1:50P Weld County, CO 7 of 14 R 71.00 D Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE SECTION DESCRIPTION WELD 3N 62W 20 S/2 WELD 3N 62W 29 ALL WELD 3N 63W 19 W/2 WELD 3N 63W 21 W/2, SE WELD 3N 63W 29 W/2 WELD 3N 63W 31 W/2 WELD 3N 64W 1 W/2, SE WELD 3N 64W 2 NE WELD 3N 64W 7 NW WELD 3N 64W 8 ALL WELD 3N 64W 9 NW WELD 3N 64W 10 NW WELD 3N 64W 11 ALL WELD 3N 64W 13 SW WELD 3N 64W 14 N12 WELD 3N 64W 15 NW WELD 3N 64W 17 NW,S E WELD 3N 64W, 18 W/2 WELD 3N 64 . 19 NW WELD 3N 64W 20 E/2, SW WELD 3N 64W 21 NW WELD 3N 64W 22 W/2 WELD 3N 64W 23 SW WELD 3N 64W 24 E/2 WELD 3N 64W 25 NE WELD 3N 64W 26 S/2, NW WELD 3N 64W 27 S/2 WELD 3N 64W 28 E/2 WELD 3N 64W 29 SE WELD 3N 64W 30 S/2 WELD 3N 64W 33 S/2, NW WELD 3N 64W 34 ALL WELD 3N 65W 1 S/2, NW WELD 3N 65W 2 ALL WELD 3N 65W 3 NE WELD 3N 65W 5 ALL WELD 3N 65W 6 ALL WELD 3N 65W 7 N12, SW WELD 3N 65W 9 E/2 WELD 3N 65W 10 S/2 WELD 3N 65W 11 W/2, SE WELD 3N 65W 13 NE WELD 3N 65W 14 NO WELD 3N 65W. 15 ALL WELD 3N 65W 17 ALL WELD 3N 65W 18 W/2 WELD 3N 65W 19 E/2 WELD 3N 65W 20 W12, SE WELD 3N 65W 21 Nf 2 WELD 3N 65W 22 ALL WELD 3N 65W 23 ALL WELD 3N 65W 24 ALL 6 o113 1111111 11111 111II!IIIII 111111 iilll IIII III HIlL 1111 ilL 3525268 12/21/2007 01:50P Weld County, CO 8 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP RANGE 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66'1) 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W SECTION DESCRIPTION 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 N/2 N/2 ALL ALL ALL ALL ALL E/2 ALL ALL N/2 E12 ALL ALL E12, SW ALL ALL ALL ALL ALL ALL ALL 512 , NE ALL ALL ALL ALL ALL ALL ALL N/2 ALL ALL ALL N/2 N/2 ALL ALL ALL N/2, SW E12, SW ALL E/2 ALL W/2 ALL ALL ALL ALL ALL ALL W,2 7 of 13 1111111 11111 111111 illll 111,11 VIII VIII 11111111 1111 fill 3525268 12/21/2007 Q1:50P Weld County, Co 9 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD' WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N RANGE 67W 67W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 68W 61W 62W 62W 62W 62W 62W 62W 63W 63W 63W 63W 63W 63 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 65W 65W 65W 65W SECTION DESCRIPTION 7 8 1 7 12 13 14 21 22 23 24 25 26 27 28 33 34 35 36 31 27 28 30 32 33 35 6 7 8 9 16 29 1 2 3 7 9 11 14 17 19 20 25 29 30 32 35 2 3 4 5 ALL ALL ALL NW SE ALL W/2 NE ALL ALL ALL ALL ALL ALL SW ALL ALL ALL ALL SW SW ALL ALL ALL S/2, NW ALL NW S/2, NE ALL SW ALL NW NE NE NE SE Wf2 W/2 SW S/2 ALL SW S/2 W/2, SE SW ALL S/2 ALL ALL SW E12 8of13 1111111 uiu iiiiii uui iuiii uiii iiui III 111111 III liii 3525268 12/2112007 01:50P Weld County, CO 10 of 14 R 71400 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP RANGE SECTION DESCRIPTION 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 4N 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 7 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 31 32 33 34 35 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NW, S12 E/2, SW N/2, SW NE, SW S/2 N/2, SW ALL NE, SW NW, S/2 ALL ALL ALL W/2, SE S12 N/2, SE SW NW, SE N/2, SW N/2, SW ALL ALL ALL ALL 8/2 ALL NW, Sf2 SE S/2 NW N/2 E/2, SW N/2 NW, S/2 NW, 3/2 ALL ALL ALL ALL E/2 E12 SE N/2, SW W/2, NE S/2 N/2, SW N12 ALL SE ALL ALL ALL 9 of 13 1 111111 11111 111111 II1I 111111 11111 iini iii alai ui uii 3525268 12/21/2007 01:50P Weld County, CO 11 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE WELD 4N 66W WELD 4N 66W WELD 4N 66W WELD 4N 66W WELD 4N 66W WELD 4N 66W WELD 4N 66W WELD 4N 66W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W, WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 67W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W WELD 4N 68W. WELD 4N 68W WELD 4N 68W SECTION DESCRIPTION 28 30 31 32 33 34 35 36 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 28 31 33 34 35 36 1 8 10 11 12 12 13 14 15 22 23 24 30 21 S/2 NW, SE N/2, SW N/2, SW ALL ALL ALL ALL N12 E/2 SE S/2 ALL N E , SW W/2 SE E/2 SW N/2, SE ALL NW N E, S/2 N/2 E/2 W/2 N/2, SW N E N E N/2, SE NE, 5/2 ALL ALL S E N E, S/2 S/2 ALL ALL ALL E12 NW S/2 ALL NW, S12 N/2, SE N/2, SE W/2 S/2 Et2 W/2 NW, SE E/2 NE 10 of 13 I 111111 IIIH 111111 11111 111111 11111 11111 III 111111111 IH 3525268 12/21/2007 01:50P Weld County, Co 12 of 14 R 71.00 0 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N RANGE 61W 62W 62W 63W 63W 63W 63W 63W 63W 63W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W SECTION 2 18 20 13 14 18 19 24 29 31 3 7 9 14 15 21 22 23 24 29 31 32 35 1 2 3 4 11 12 13 14 15 21 22 23 24 25 26 27 29 30 32 33 34 35 1 3 5 6 7 9 17 DESCRIPTION SE NE E/2 SW N/2 SE NE El? NW NE N/2 NW SW N E N/2 N12 SE NW, 5/2 NW, S/2 S E SE NW, S/2 SW S/2, NE E/2 W/2 N E ALL W/2 S/2, NW ALL NW, S/2 N/2, SE W12 ALL N12, SW ALL NE, SW N/2, SE SW W/2 SW NE N/2 ALL NE, SW NW, 8/2 W12, SE NE W/2 SE NW 111o113 1111111 11)11 111111 Illll 111111 Illll 1411 III 111111 III I lif 3525268 12/21/2007 01:54P Weld County, CO 13 of 14 R 11.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD` WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N RANGE 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 57W 67W 67W 67W 67W 67W 671, 67! 67W 61W 61W 64W 64W 64W 64W 64W 64W 444W 64W 64W SECTION 19 20 21 23 24 25 27 28 29 30 31 32 33 34 35 36 1 2 3 5 6 7 8 11 12 13 15 20 21 23 25 26 27 28 29 31 32 33 34 35 36 24 25 16 18 19 20 28 29 30 32 33 DESCRIPTION E/2 ALL S!2 N/2 N/2, SW ALL W12, SE N E, SW Ef2 NE W/2, NE ALL S/2 ALL N/2, SE ALL N E, SW W/2 NW, S/2 W/2, SE SE SE SW W12, SE E/2 SE S/2 ALL NE NW NW, S/2 5/2 N E W/2 E/2 SE W/2, SE E/2, NW NW, S/2 NE N/2, SE ALL SE N/2 SW N/2, SW ALL SE E/2 S/2 E/2, SW S/2 8/2 12 of 13 11011111111111111111111111111111111111111 III1I I11II�1 3525268 1212112007 01:'50P Weld County, CO 14 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 7N 7N 7N 9N 9N 9N 9N 9N •ION I0 N RANGE 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 67W 67W 67W 67W 60W 60W 66W 58W 56W 55W 58W 58W 58W 58W SECTION 14 15 17 18 22 26 31 32 33 34 14 28 33 35 36 14 15 20 35 14 16 19 3 4 5 9 10 32 33 DESCRIPTION SW S/2, NW E/2, SW SW SW SE W/2 ALL ALL SW SW SE NE SE SE NW 512 SE SE SW ALL SW W/2 E/2 SE ALL NW S/2, NE W12, SE 13 of 13 Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE24-0010 Date of Inquiry 217/24 Municipality Johnstown CPA Name of Person Inquiring Michael Dente Property Owner Hankins Farm, LLC Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungstweld.qov Legal Description S2NE4/E2SE4 of Section 20, T5N, R67W Parcel Number 095720100004 Nearest Intersection CR 54 and CR 17 of Inquiry Change of Zone to Commercial Type The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. t ark County Planner's signature Would you like to pursue annexation of this property? NO YES Date of Contact f?.,46. k 2-k I � Comments: bde1/41f, 1A,kittni) 1 4 Is 2..1?.Pg Si n IN Munici ity epresentative tle Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, Po Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 'TIIE COMMUNITY THAT CARES' May 29, 2024 Diana Aungst, AICP, CFM Planner III Weld County Department of Planning Services 1402 N. 17th Avenue, PO Box 758 Greely, CO, 80632 Re: Pre -application Case No. PRE24-0019 Dear Ms. Aungst: 45O S. Parish Avenue Johnstown, CO 80534 970.587.4664 JohnstownCO. gov VIA EMAIL Thank you for sending the Town of Johnstown (Town) a Notice of Inquiry regarding the property which is the subject of Pre -application Case No. PRE24-0019. The Town appreciates the opportunity to participate in planning activities that are in our GMA. This letter is being submitted as a supplement to the NOI form, wherein it was indicated that the Town would be interested in pursuing annexation of the subject property. We spoke with the applicant and their representatives regarding annexation. Based upon the conversation, it was apparent that annexation may be a possibility in the future, but that it would not be pursued now. The Town requests to be included as a referral agency on the Change of Zone request so that we may comment, as necessary, as the project moves through Weld County's review process. Please let me know if there is anything you need from me at this point. I look forward to participating in the process as it moves forward. Sincerely, regemv 4c10i) Jeremy Gleim, AICP Planning & Development Director Town of Johnstown Enc: Notice of Inquiry - PRE23-0064 The Community that Cares Diana Aungst From: bob.demaree@kw.com Sent: Tuesday, May 7, 2024 12:01 PM To: Diana Aungst Cc: 'Michael Dente'; pagoda.mapping@gmail.com Subject: Notes from meeting with Johnstown - Hankins Rezone Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, We met with Johnstown this Wednesday (5/1/2024) at 3pm to discuss the Hankins rezone from AG to C-3 as Johnstown mentioned that they would like the Hankins family to consider annexation. From our conversations, it doesn't appear that it makes sense to annex the property at this time but the Hankins family wants to continue conversations with Johnstown as the area develops out. There are no immediate value adds that Johnstown can provide as they have no existing utility infrastructure at the property at this time and do not have immediate plans for that in the near future. Johnstown did mention that they would be willing to enter into a pre -annexation agreement and based on our conversations, that does not make sense for the Hankins family as Johnstown does not have the capacity to commit to bringing the utility infrastructure to the site as of now. To provide a quick summary for you... Hankins Farms LLC would not like to pursue annexation. At this point in time it makes more sense to rezone the southern 40 acre parcel to C-3 and evaluate their options as the area develops out. All the Best Bob Demaree KW Commercial I Advisory & Transaction Services Industrial & Logistics 11052 Cimarron St Unit E I Firestone, CO 80504 C: 317 306 9823 Bob.Demaree@kw.com Virus-free.www.avast.com 1 Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE24-0019 Date of Inquiry 2/7/24 Municipality Milliken CPA Name of Person Inquiring Michael Dente Property Owner Hankins Farm, LLC Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungst@weld.gov Legal Description S2NE4/E2SE4 of Section 20, T5N, R67W Parcel Number 095720100004 Nearest Intersection CR 54 and CR 17 Type of Inquiry Change of Zone to Commercial The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. County Planner's signature Would you like to pursue annexation of this property? NO X YES Date of Contact 5.29.24 Comments: Milliken has a Growth Boundary Agreement with Greeley to not annex north of WCR 54. Note that our GBA with Johnstown does not extend north of WCR 54. We'd like to review the traffic study. Pepper McClenahan, AICP Community Dev. Director 5.29.24 Signature of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE24-0019 Date of Inquiry 2/7/24 Municipality Windsor CPA Name of Person Inquiring Michael Dente Property Owner Hankins Farm, LLC Planner Diana Aungst Planner Phone Number 970-400-3524 Planner Email Address daungst@weld.gov Legal Description S2NE4/E2SE4 of Section 20, T5N, R67W Parcel Number 095720100004 Nearest Intersection CR 54 and CR 17 Type of Inquiry Change of Zone to Commercial The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. County Planner's signature "1 Would you like to pursue annexation of this property? NO __X__ YES Date of Contact Comments: Given that it's south of US 34 and outside Windsor's GMA, the Town doesn't have any formal comments. I would imagine Johnstown or Milliken may have some concerns with commercial septic being proposed to promote sprawl in their respective areas though. Scott Baa Ilstatlt410:42 MST) Director of Planning 02/09/2024 Signature of Municipality Representative Title Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 Weld County Treasurer Statement of Taxes Due Account Number R3274904 Assessed To Legal Description 22597 S2NE4/E2SE4 20-5-67 Parcel 095720100004 HANKINS FARMS LLC 27001 COUNTY ROAD 17 JOHNSTOWN, CO 80534-9606 Sites Address Year Tax Charge 2023 Total Tax Charge Tax Interest $1,192.26 $0.00 Fees $0.00 Payments $0.00 Balance $1,192.26 $1,192.26 Grand Total Due as of 04/10/2024 $1,192.26 Tax Billed at 2023 Rates for Tax Area 2364 - 2364 Authority WELD COUNTY SCHOOL DIST RE5J-JOHNSTOWN NORTHERN COLORADO WATER (NC FRONT RANGE FIRE RESCUE FIR AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2023 * Credit Levy Mill Levy 120240000* 33.9880000* 1.0000000 11 6630000 6.3360000 3.1960000 Amount $210.18 $59411 $17 48 $203.87 $110.76 $55.86 68.2070000 $1,192 26 Values AG -FLOOD IRRRIGATED LAND AG -DRY FARM LAND AG -GRAZING LAND AG -WASTE LAND Actual $63,546 $440 $2,100 $112 Assessed $16,780 $120 $550 $30 Total $66,198 $17,480 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes, special assessments, and prior tax liens attached to this account. Current year's taxes are due but not delinquent. Date: 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Hello