The URL can be used to link to this page

Browse Search

Home My WebLink About20241004.tiffCHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT S APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation? No / I 'Yes Violation Case Number: Site Address: N/A Parcel Numbers: 1 4 6 9 3 4 3 0 0 0 1 0 IMO IMP IN= Legal Description: PT S2 34-1-67 LOT B LOT LINE ADJ LLA21-0033 Section: 34 , Township 1 N, Range 67 W # of Lots: 1 Total Acreage: 60.2318 Floodplain: No / 111 Yes Geological Hazard: el No / ElYes Airport Overlay: No / Yes REZONING Existing Zone District(s): Ag Proposed Zone District: O-3 PROPERTY OWNER(S) (Attach additional sheets if necessary.) N ame: Jack A. Seltzer, Trustee Company: Robert L. Seltzer Family Trust P hone #: (435) 459-0437 Email: jseltzer2013@gmail.com Street Address: 33641 WCR 83 City/State/Zip Briggsdale, CO 80611 Code: APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Bob Demaree Company: Blackfoot Properties, LLC P hone #: (317) 306-9823 Email: bob.demaree@kw.com Street Address: 1142 Judson St City/State/Zip 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 signatory has the legal authority to sign for the corporation. -flex .5.icix-e_A-K_ rerke., Print % 2,5 Da : Signature Date Print 9/10/21 7 Grail Seltzer - Your Dad's Will Page 1 of 2 Jack Seltzer iseitzer2013@grnaiitcom> Seltzer Your Dads I 1 message Mark Nesbitt <mnesbitt©fognanilaw_com> Wed, Feb 4, 2015 at 2:50 PM To: "Jack Seltzer Useltzer20l3@gmail_com)" <jseltzer2013@-mail.corn> "Timothy R. Seltzer (tim.seltzer©ecolab.com)" <tim_seltzer@ecolab.corn> Cc: Kathleen Repko <krepko©fognanila _corn>, Robyn \, /hetsel <r vhetsel@fognanilaw.com> Jack, Tim, Attached is a copy of your dad's will, plus the Affidavit of Property Held by Trust. Because the trust was formed by your dad's Last Will and Testament, it is called by lawyers ' a testamentary trust." See Section 403 where the trust was created due to the fact your mother survived your dad. Then see Sec. 5.03 where the trust will terminate and the assets distributed to the Will's beneficiaries. Brad Cover recorded the standard Colorado form of Affidavit to formerly register the trust in the official public records in order to give the public at large constructive notice of the existence of the trust and firmly establish your rights as co -trustees to administer and represent the trust. As always, don't hesitate to call if you have any questions. Mark Attach. FOGNANt FAUGHTIPLIC Mark T. Nesbitt, Attorney at Law 1801 Broadway, Suite 800, Denver, Colorado 80202-3836 () 303.382.6200 (t) 303.332.6210 (cell) 723.937.6973 (e) mneSbit @ ognanilaw_cor NOTICE: This e-mail, its contents and any attachments are confidential and may contain yprivileged le all g and/or protected information or copyright material. You should not read, copy, use or disclose this e-mail, its contents and any attachments without prior authorization. If you are not an intended recipient and have received this e-mail in error, please contact the sender at the above address immediately and delete this e-mail, its contents and any attachments from any and all electronic or other storage media and destroy any hard copies thereof Any dissemination, use, distribution and/or copying of this communication is strictly prohibited. Receipt by anyone other than the intended recipient is not a waiver of the attorney -client y privilege and/or protection under the attorney work product doctrine. Finally,y we do not accept liability in connection with any computer virus, data corruption, delay, interruption, unauthorized access or unauthorized amendment. This notice must not be removed. Thank you. i 6 a &Blame I OF ROBERT LEE SELTZER A/K/A ROBERT L. SELTZER 17 Robert Lea Seltzer a/k/a Robert La Seltzer, a resident of Adams County, Colorado, revoke any prior. Wills and Codicils made by me and declare this to be my last Will a ors .4 4 . direct that all estate, inheritance and other death taxes payable by reason of my death, other than any generations -skipping tax, on any property included in my estate for ta: purposes shall be paid as an expense of administration without contribution from any person and without apportionments No death' taxes shall be allocated to or paid from the Robert L. Seltzer Family Trust. IT. My wife is Gladys Lois Seltzer. Any references in my Will to my wife are to her. My children now living are Jack Alden Seltzer, Terri. Lee Bell and Timothy Robert Seltzer. Any references in my will to my children are to such children. III, I give all my personal and household effects, together with claims under insurance policies on said personal property, in accordance with a writing which I intend to leave at my death. If for any reason no such memorandum is in existence at my death or if any such memorandum fails to dispose of all of such property effectively, I give such property not disposed of by such memorandum to my wife, if she survives me by thirty days. IV. 4.O1 If my wife shall survive me by thirty days, I give, devise and bequeath to my wife from my residuary estate an amount rJ which qua i s for the federal estate I i r iced by that amount which qualifies �g R 1 � marital deduction dI r l estate tax exemption at the time' of my deatha 4002 l my wife does not survive me by thirty days, l give, devise and bequeath all of my estate to my children, Kw✓ track Alden Seltzere Terri Lee Bell and Timothy Robert Seltzer per stirpes a 4003 If my wife does su l e me by thirty days and clause IV, 4001 takes effect as I intend, then the remainder ainder of my residuary -•gate not going to my wife sa. . go in trust .o be held by my tnstees as provided herein •T , trust shall be known as the Robert LO Seltzer Family Trusts 4004 For purposes of this Will 4, the order of our death cannot be established by proof f my wife shall be deemed to have survived me 9 5,01 As to my family trust, my trustees may pay to, or apply for the benefit of, any one or more of the living members of the group consisting of my 'wife and my children such amounts of the net income of the Robert La Seltzer Family Trust from the date of my ath as my trustees may detemine to be necessary or advisable for the support: maintenance, health, education, comfort or welfare of such beneficiaries, without the necessity of equalization among them at any time. 5.02 During the life of my spouse, the trustees or successor trustees shall pay top or apply for the benefit of, any one or more of the living members of the group consisting of my spouse and my children, such amounts of the principal of this Trust as the trustees or successor trustees may determine, without the necessity of equalization among them at any times Said distribution of principal shall only be for the health, education, support and maintenance of such beneficiaries and cannot exceed more than five percent (5%) of the principal of my trust in any one year* Page 2 of 7 Pages 07-4erzig l I I 5003 At the death of the survivor of my wife nd me: the Robert La Seltzer Family Trust shill terminates Upon terminationo the principal and undistributed income shall be distributed to my children ny representation, but if any share is distributable to "1 t" a f V t e e s w n a beneficiary who has not attain t.. � L...��. «�. .,.. '-� .�. � � v.» �� i �... yea E� � �. � �l trustees may in. their discretion retain such share in trust until such eficiary shall attain the age of twent cone years, or until the pr for expiration of twenty-one years after the death of the who i ��or of m chi ? d en who were living at my. death hen mom! trustees shall distribute such benef i cias" ? share to him or hers I such beneficiary dies before that time; my trustees shall upon a o h^ r dea` h d ..stribu e his or her share to his or her estate. My trustees may pay to, or apply for the benefit o f , the beneficiary for whom the share is held in such amounts of the net income or principal, or both, as my trustees may determine to be necessary or advisable for such beneficiary's support, maintenance, health, education, comfort and welfare, after taking into consideration all other resources known to my trustees to be available for such purposes. Any undistributed income may be added "- n principal from time to time in the discretion of my trustees n 5.04 MY trustees, in their sole and absolute discretion, may distribute the trust in full prior to the time a beneficiary attains the age which would otherwise have determined such distribution, if such trustees considers that the expenses of administration in continuing the trust are greater than the trust assets warrant, This only applies to those beneficiaries under the age of twenty-one years. 5,05 .4 f , at any time, there is no person or entity qualified to receive final distribution of my trust estate or any part of it: then any such portion of my trust estate to which such failure of Page 3 of 7 Pages Or •-•••C.-� r iqualfied recipient has occurred, shall .►.buts to those der sons who would inherit t had I then died in gas to to owning such property, in the proportions provided by the _am's. of Colorado then in effect. VI. i .01 direct that my trusts be administer d expeditiously consistent with their ter s, free of judicial intervention and without order, approval, or other action of any court, 202 No beneficiary shall have any ri tt s to anticipate, sell, assign mortgage, pledge, or otherwise dispose of or encumb all or any part c my trust estate estate, including income, be liable including alimony, of any beneficiary garnishment, execution, creditor's nor shall any part of mv trust the debts or obligations, or be subject to attachment, bill, or othe legal or equitable _process. 6.03 Except as otherwise provided with respect to the Robe. t L Seltzer Family Trust, upon the death of any beneficiary entitled to receive income, all accrued but undistributed income held for the account of such beneficiary shall be treated as if it had (accrued or been received imme iat el y follow' ng the death of such `beneficiary. 6.04 My trusts shall in any event terminate not later than twenty-one years after the death of the last survivor of the group composed of myself, my wife and those of my children living at my death. The rindtrust and interest of said principal so terminated shall be paid in accordance with the provisions of said trust or if no such provision, to those beneficiaries of said trust so terminated, VII. 7.01 I appoint my sons, Jack Alden Seltzer and Timothy Robert Seltzer, as my personal representatives to serve without bond, Page 4 of 7 Pages y "( of., 7401 I appoint: z r and Timothy Robert S e l f zer as tructees of any trusts under my Will* Tn the event trustees shall fail to qualify or cease to act I appoint the Teri- Lee Bell as successor trifles a 7203 I direct no flersona renresentAtivta guardian, or conservator, or any successor, shall e required to give at:, bond in any jurisdiction, and that if, notwithstanding this direction, any bond is required by law, statute, or rule of court, no sureties be re u i re, 7204 Any fiduciary under mom W.L.l shall be entitled to reasonable compensation commensurate with the services actually performed and to reimbursement fear expenses proper l3- incurred. 7.05 it is my intention that the probate of my estate be conducted as an administrative/ not a judicial, proceeding under the Colorado Probate Codes I therefore direct informal probate of my Will, informal appointment my personal representative, unsupervised administration of my estate, and informal closing of my estate by sworn closing s to eman t o � l representative, my �rsQnaw �. ��r�es�ntaie , unless changed circumstances occur which I could not have anticipated and would necessitate formal al off' supervised judicial proceedings for the protection of persons interested my estate. VIII. 8.01 Any trustee may resign by giving thirty days written notice to each adult beneficiary, or if none, to the guardian/ parent or other person having the right of custody of each minor beneficiary then eligible to receive current income, effective at the end of thirty days. 8.02 If all my named trustees shall fail t© qualify or cease to act, a majority ority in number of the group composed of my wife and my living children shall appoint by a writing within thirty days a successor trustee. If no successor trustee is appointed within Page 5 of 7 Pages I days, any beneficiary may petit s any court of competent jurisdiction i Chou t notice: t name a successor trustees By king such appointment, such court shall not acquire jurisdiction over any trust under my Willa 9,01 The validity of this Will that l be detenin d by the laws of Colorado. Questions .of construction and administration of any trust shall be determined by the flaws of the a l tus of administration of such trust. Acept otherwise'provided w 11177 .t: Will definitions o . terms in my Will shall be as defined in the Colorado Probate Code as amended after the date after my deaths IN WITNESS WHEREOF I have hereunto sat my hand and seal this day of O c- - : 1991: in the presence of the undersigned wigenesses to whom I have declared this to be my Last Will and Testament and whom I have requested to become attesting witnesses hereto. Will and Rcr& sa)/ [{ �_ Robert Lee Seltzer 04—es,,t,"7111 a/k a Robe. L. Seltzer" The foregoing instrument, consisting of seven pages, including the following page: was signed and declared by Robert Lee Seltzer a/k/a Robert L. Seltzer to be his Last Will and Testament in the presence of us, who in his presence, at his request, and in the presence of each other, have signed our names as witnesses on the date oc this instrument, and we declare that at the time of the execution of this instrument the testator, according to ourbest knowledge and belief, was eighteen years of or age older, of � sound mind and under no constraint or undue influence (77 Page 6 of 7 Pages ("Ce? i TATE OF COLORADO ss COUNTY OF ADAMSf _Robert Lee Seltzer a/k/a Robert L. Seltzer _ Bradley J. Coover and Lys? e. R. firrim the testator and the witnesses a respectively; whose names are signed to the attached or foregoing instrument, being first duly TAtiorn, do hereby declare to the undersigned authority that the `yes for signed and executed the instrument as his Last Will and that he had signed willingly ar 4 _oc,.d another and. that he exec wed it as iis frame and volunta act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator signed the Will s witness and that to the best o9 his knowledge the testator was at that time eighteen years of age or older, sound mind and under no constraint or ndue influence4 CI:171,137: Robert Lee Seltzer,_, ! _ r w /re d--1,-;-1 a/k/a atness Cer Subscribed, sworn to and acknowledged before me by Robert Lee Seltzer a/k/a Robert La Seltzer, the testator, and subscribed and sworn to before me by Bradley J. Coover and a, . , witnesses, this I 1 th day of October 1991 My Commission Expires: Address of Notary: Notary Public My Commission Expires May 31t 1995 Cie L Strasheim 25 S. 4th Ave.. Brighton. CO 80601 $ 1 D1S` R. C COURT, WELD STATF OF: COLORADO' Case No. 91 PR 252 Division t 1 INFORMATION of APPOINTMOIT IN THE t7 LATER OF THE FSTATE OF ROBERT LEE SELTZER a/kf a ROBERT T. SELTZER Deceased. 1'a ROBERT SELTZER Othe heirs and devisees of the above -named decedent. s YOU ARE HEREBY INFORMED THAT: 1. This Informations being sent to those persons who have or may have some interest in 2. The decedent died g testate on October 24, 1991 October 11 1991 it (date) s &state; , leaving a a dated a which (was) ( admitted to probate on October 31 , 1991 in (in)formal,proceedings); (daft) 3. o� ctobe r 31, � �� the underSiappointed� (date� ped was personal representative of this estate in (inifonnal proceedings; 4. Bond has (not) been filed with this Court; 5. Administration of this estate is (un)surervised and, if unsupervised, the Court will consider `rig or�e�� supervised administration if requested by any . interested person; Papers y�p` �y � ('1, this �y estate, r� � including s _ x. inventory ('� I� �i � J sj �,r� this . Papers relating to this estate, i.ncludi_ng an inve tory of estate assets, are on file �'S` ith this Court or not, may be obtained from the personal representative; 7. interested persons are entitled to receive an accounting; S. interested persons have the responsibility to protect their own rights and interests within the time and in the manner provided by the Colorado Probate Code, 1ncL d n. the appropriateness of claims aid, the - compensation of personal representatives, attorneys and others, and t stribution of estate assets, since Court ' will not review or adjudicate these or other matters unit» specifi o do so interested person. Bradley J. Coover #3223 Gaunt, Dirrim and Coover, 25 South 4th Avenue Brighton, Colorado 80601 (303) 659-3171 Type orprint name. address. tekphant number and registration number of Attorney for Personal Rep'resetstt* Signature of , : `nal Representative ac 'en tier Jack Alden Seltzer Ti tot y Kober c. Box 360443 9230 E. 168th Monument Valley, -.. UT. B ri2hton, CO - 80601 84536 801-727-3219 303-659-1062 Type or print name. address and telephone number of Personal Representative E I i per S& tz r in the event a will exists but there has been TIO formal testacy proceeding and. the personal representative x as appointed on the assumption of intestacy, this information must be given to the devisees named in existing will.tie Strike parenthetical matter according to fact. Nom:. This information rnmt be given within 30 days o. ' appointment of the personal representative. See section 15-12-705 Colorado Probate Code and Rule 8.4 of the Colorado Rules of Probate Procedure. 4.11.111. Pot z4 . SPY. !Si. INFORMATION Qf APPOikiTMENT ,Bracliar4,, l 4O2. fl25 _oth Ave. _ Lakewood en Aro t _._ 1M en 111 421sca CERTIFICATE OF (DELIVERY) (MAILING)" The undersigned certifies that h.e (delivered) (mailed) a true/copy o the above Information- Appoint- ment to the following persons at the addresses indicated on Fig (by depositing ft in the United States mail, postage prepaid.) Name Gladys Lois Seltzer Jack Alden Seltzer date) b Address 442 WCR 19 Brighton, CO 80601 Box 360443 Monument Valley, Utah 84536 Terri Lee Bell 240 South 15th Avenue Drive Brighton, CO 80601 Timothy Robert Seltzer 9230 E. 168th Brighton, CO 80601 Signature of Pt sentstivt Jac_ Alden Se T mothy Rob:. "" eltzer *A copy of the Information provided and a Certificate of Delivery or Mailing must be promptly flied with the Court. See Rule 8.4 of the Colorado Rules of Probate Procedure. DISTRICT COURT, COUNTY OF ELD STATE OF COLORADO ' Case No. , Division SnS ET TE N THE MATTERO (THE ESTATE OF) ROBERT LEE SELTZER a/kia ROBERT Lm SELTZER (Deceased.) - trs �_ not a/k/a ROBERT SELTZER eap acitat ed error b'5 m4 ER E .rti DAS, on (date) Jack Ai !tan Seltzer and Timothy Robert Seltzer Co -Persona enrr flof the estate of the above named (decedent) by this Court or its Registrar, w th all authority inrtaining thereto; NOW, THEREFORE, these Letters** Testamentary are issued as evidence of such appointment or qualification and authority. • .• WJTNESS n s ature anci4 �.c seal of this Court on Y µ ( S Of Court) 14?• -\ • F " 0 I. • _ .4_ + �r3 •. *For decedent's estatesi,, insert P,onlepresent.ative for property ManageineiilI Canservator For personal guardiarIlifOnsert Guardian and whether by will, written instrument or court order For Special Administrator, insert Special Administrator and whether in formal or informal proceedings Y,a - was appointed or qualified asp ‘44:i-eA f . (Deputy -Clerk -oz Re '��f*r of Court date) *, s`a.1:a "Insert one of the following: a) Testamentary b) of Administration c) of Guardianship d) Of Conservatorship e) of Sper,n,ai Administration C t `1CA" ION STAMP CF,RTIFICATION STATEMENT Certified to be a full, true and correct copy of the original in my custody canct to bib force and effect as of v (date) hi {s eputy) Clerk of Court CPC Form 17. Rev. '81. LETTERS or with any interim in =I property is Re hfIr L RECEP T s fH NO_ C0004972 72 5.00 2K L.w ..1vL PG 2Lt4 SOE ERT SACK, , DAci COUNTY. COLORADO S/O.ii 9 "f 2 : O0. AFFIDAVIT r OR PROPERTY HELD IN TRUST OR JOINT VENTURE STATE OF COLORADO COu' f "t nr ADAMS r r The undersigned being of lawful age, hdrtg first duly sworn, upon oath depoccs and says: t . This Affidavit relates to a 4 ' trust joint venture 2_ Afant(s) is a D trustee of the trust O member of the _joint venture named below, and has the authority to. fe_ty: to and record this Affidavit. .3. The: name of the K] trust O joint venture which may acquire, convey, encumber, tease, or otter se dent cppy t r7 -- µ'^� t -r 'T"' tsY 4. Tat utlunCS and.. addresses of all the trustees of the tmst or all of the joint °denturen of the joint venture are:. Name A.ddre Jack Alden Seltzer Box 360443, Monument Valley. Utah 84536 5. MALL of the trustees or joint venturers are required to act on behalf of the trust or joint ventilica. in any acquisition, conveyance, encumbrance, lease, or other dealing with an inter in property in the name of the trust or joint venture_ 0 Fir\VER THAN AT r of the trustees or joint vcni.urcrs arc authorized to act on behalf of file mist or joint venture in any acquisition, conveyance, cmmbrae lease, or other dealing with an interest in property in the name of the trust or joint venture. The trustee(s) or joint venter s). so authorized (or the manner of designating said trustee(s) or joint venturer(s)) and any limitations upon their authority are as follows: 2410,854 3-1463 2-157 1O/t3/94 05:01? PG 1 Of 1 REC DOC Mary Ann Feuerstein Weld Co., Clerk & Recorder 5_0.0. 6. This affidavit is executed and recorded pursuant to the provisions of Section 33-30-h55, C.R.S. Afflatus': Alden Seltzer Subscribed and sworn to before me this Y.-riere:Je 6?)(takir rimothy6g etc Selcze ... ss IL$ Witnea �. �y i My cox ty T ` Lig( 1994 ,,,,./. ` 4,5 c.„-.....,„.„... .. '. „ •• e t. , « 1. .` r.]�y..-.. le ar r _.«rte - ' �`� se ;..1 _ kitnata z" St 1 t ifenturcrs arc required to act as in pam graph 5. this Affirdtpiis, nors Solifit thirtadavit. If FEWER THAN ALL of The inut-s+or ISa venturers slant =alai by at tit-. tht trusztes or all ortheiciat venturers nett in p t a j eteo- .��j- e it w 4 "" 3 Y tFOR FIMPERTY HELD IN TALGTOtMMINT'VENTURE O amazed Pibli th „ 174J Watt SL Dcr. r. CO 50202 --001) 292.11 -- 4-94 sAAk<dJod199 • i g y�REC J �� wo4' fro'. `A y 1"t +� a"► ry /, � w .s iJ 4 ,35c,"00 r ti ii V ; LF Yl • TAIELD RhANTY DEED t MIS I S DEED,Made h • s day f F ° 1994 betveeen Sel tzar Farms, Inc.,. Y' i Ita corporation duly organized aid ccisting under and by virtue of the laws of the Slate of Colorado . granter, and the Estate of Robert . Seitz Jack Seltzer and Timothy H. Seltzer, Co —Personal Representatives, iit 1l whose Ten' rddress is 92X30 East. 168th Avenue, Brighton II I I I li r' CO STATE DOCUMENTARY �� n�. E f. - Date. A1/5 f • ps. It of the `County or Adams . State of Caiorado. sic ntee: i 11 II WIN S t That the gnnwr for and in consideration of ># ' w• One Hundred Eighty -Five 4 # '} � w .. F�'��ALtSt��t�� iL�`�.r �_�� of La� r �� Thousand I Four Hundred and, t�0•f 1O0 ($1.851, 400 * * * •, * * * * ; * * COLLARS! 11 the =int and sufficiency of which is herby xkn'. wtcdge&. has grated. bargained, sold and conveyed, and by these presents th.s ii 11 grant.° bargain, sell, convey nd confirm, unto the grantee, his heirs and assigns forever, all the real property, together with - improvements, if any, situate. lying and king the County � g i of Wald , 1 State of Colorado, described as follows: g. 1f ,l t appurtenances. Ail of the Southwest Quarter r (SWIM) EXCEPT Lot A of Recorded Exemption No. f 67-34-3 -RE13 0 and the West haif the . Southeast Quarter ( I/2 I€ . Section 34, Township I Nor& Range 67 West of the 6th P.M., tseaniag unto Grantor, however, 1/2 of ail of the minerals Tying thereunder and appurtenant thereto including all oil, gas and other hydrocarbons,and further reserving to Grantor an undivided la interest n and to all water rights thereunder and/or appurtenant to said rope y, including those rights as adjudicated in Case No. &6CV/31 I before the District Court, Water Division No. I, State of Colorado, and reserving unto Grantor a right of way across saidproperty of sufficient size and width to enable G€antor u wa rt grantor, na.tained share of water rights across said property. and specifically resenting unto Grantor a right of first nefusal of i0 -y r duration Fit Grantor of any offer try sell the herein described property asset forth in the Stock. Ilurchase Agreement dated February 15, I994 by both. Grantor and Grantee. ralso known by street and num r ,s: NIA it TOGETHER with all and singular the hcredita e .ts and appurtenances thereto belonging, or in anywise appertaining, and the 'version Ind reversions, remainder and remainders, rents, issues and profits thereof, and all !he estate, right, title, interest, claim and . demand whatst:tr of the grantor, eiti in law or equity, of, in and to the above bargained premises, with the here€►t meats and I4 i# if ii s `3 I 1 ti ti t 1- I : assigns tamer. And are. grantor-, for itself, and its,sueeessors, does covenant, grant, bargain and agree to and with the grantee, his theirst. and assigns. that at the time of the ensealing and delivery of these presents, it is well seized of the pmrnises *int conveyed, has gccd, um, perfect, absolute and indefeasible estate of inheritance. in law, in fee Simple. and bac goodright, full power and authority ate gent, . bargain, set! and convey the same in manner and ionn.as aforesaid. and that the same am free and dear from all former and other gets. bargains, sales,. liens. taxes, assessments, encumbrances and restrictions of whatever kind or nature soevter, except if 6} t� 13 44 • ft it sly State ! I cif l TO HAVE AND TO HOLD the said premises abort bargained and described with the appurtenances, unto the grantee, his heirs and The grantor shall and will WARRANT AND FOREVER DEFEND the above.ba.rgained premises in the quiet and peaceable possession of the grantee, has heirs and assigns. against all and every person or pe€sons lawfully claiming the whole or any part thereof. The singular number shall include tilt plural, the plural the sing&nr,artd the Me of any gender shall be applicable to all genders, fig WITNESS WHEREOF, The grantor has caused its corporate name xis be hereunto subscribed by its corporate President. and its arrogate seal to be hereunto affixed, attested by its corporate Sccrctarf, the day and year first above written. Attest: Wilma Seltzer Wittier Setts. STATE OF COLORADO q ;.. County of Adams _ etts , t g last ipnt was acknowledged before me in the ora 'ca. •: '1 w r. •ti rWtZer .. eltzet .s a,tis, Inc . ' � February 2O 1996 °ol cial seal. • Seltzer Farms, Inc. B y . Rex' S. Lien 55_ f County of Adams this _ ti day of February R 19 94 , as corporate. President as corporate Secretary a corporation. r .hut n fS,h%ie _ ii 41 i1 11 It 11 t : • at is r Y R 2 % lO 4.4 THIS 1410853 Mary sIn • DE _ ` .. a 13---146 3 P-156 10/13/94 05:01P PG Feuerstein Weld Co. , I t i -] iqr Q' ‘-• - - A . or 1 Recorder r RIWOPWCVNITIAMTVITTWC (Testate Estate made saw ti=‘ -4N. 4-4 Timothy Robert _ Representatives r -S r OP 1'3 i AO �.. Y"• I? / a/K/a K ; / a .f Avenue 8 WHEREAS, .en SelLzer Se, ; _3 `! Lam-. ,t r... .,-sL 4. .. .f• Lc •- LOr ,s... a•' ,.'?v''' ..... I..- rye -Tr) • c '- ., , erly%== -y 71--m04— _- �p 1 w w i... Estate of Robert -+. Grantee Y 7 l t 4 ,'•? rya Last -...s- 1 decedenc was made and - •••1.r.� aLreLA r.4 _ probate on I October r r County ot. -M s991 rho se Lee Grantor; OF I °>¢. ,'ust. l /ic/ a �.•� ' i r 7 Y...?. L. -stdfetal .% Pno m ` r In y. 5, • " 1.1 f f�l i• l A ../ .. S f V. r• •q 31, 1991, by =1 d, State of Co o.ra.Ido a Probate No. 91 DR 252; '". 1 RE . • i,00 Jack Seltzer i- -¢^ to as Per ad n rc-Perr%nal M. arit /k/a Robes . , .s' t_ . • 6 a may � 1. 1 Nora i o.f Colorado. above -named v-. ai.� am �✓ -rd"v :... f +, • S TOI as au adI. a. t to € o _.n t or it a . rem, flP .Y.w dr:a iFwlt .4 S G.` a r. w t o .L >v.r• fi••.-Y .i�� ',fir `...� r.. 1 a t... -Y e s O:.. 4•C�d. �r zit ct NOW MERE•SYI ORE, pursuant b the CO1 +orado Probate ta hI LaLe +y�.� ••� �� assign, ' —5.L.. :fita..1.s .L'✓� a- . Si �.•.,flS =mow_ -e • 0 I • JTheer situate a l A. appoin ted te p/41yM / capac a v a V - w Ltd erode, and set �..,F Tv w .G. -`'.1n riollars .1,..� the County of Weld, All of tbc•- Southwest Quarter No. 1767-34-3 - E3.370 and W1 1"Sw-71 ... /1 r powers conferred upon her by sell, convey, Grantee for and in •, • 1 Sect -on 34, Township 1 North, Ran_.ge � West of �� .r. 7 West doc fefee all •r- 4= e rr .z r� 3.- 1 -1'_ 'ter 1 f V 4S S 'b — - for Estate purposes appurtenances, subject ons oL a ad suej the year 1994, and subject use.1w 1n • As Sides. I f DL :,r=l f -ho singular t11 ect to to Gran tors unto ✓ _5#q - Co -Personal and arc-. now do td. .•r L...it ' Y .•rt cC ;-- \r ma . c` .w d ... or col orado : Gran..ors real property T.::/tlest half the Southeast Quarter 4th D.M. covenants, easements g40.11r, -y- N.,- Ma ,ToF easements ns and the singular Co -Personal Represent a - 4 e ' ».mot .Selter Co--Pers• nal Representative STATE OF COLORADO COUNTY OF ADAMS ) ) ss <^� ea o rc � �e tv axes(r) in resPi"Tnfrinof rerord r includes asb the plural and R. b1 z one The foregoing instrument was acknowledged before me this 3rd day of June , 1994, by Jack Alden Seltzer a/k/a Jack Seltzer and Timothy Robert Seltzer a/k/a Timothy R. Seltzer, as Co - Personal sona? Representatives of the Estate of Robert Lee Seltzer a!'k/ a Robert L. Seltzer a/k/a Robert Seltzer, Deceased. ,,t • 11� • • tapir • . - R 1 1 :•.} . • af• , It.•.• t4 r ,! • • ,e3 l Notary Public Ii±ness mV 'hand and official seal. .. NI \'tit ,hohamisSion expires: • • • as My i n : ES May 31,1995 . uria l :lAfr afrn 02/03 MS 2AHK s ,, \ r',l` "t`6 mss. v ,aI, �;r,,,1'vw"„ .tri„,;tt 7x-3nm:tad at R cW'pticn Him k f 7.7117r"k IS vfi•.; �'••f'� S Miroln 14 .i, u••-kr4 L.a .w R{7�'•��] '\��+I�j T G'��(y 44.E .�.y Y+•. rw e ':+••� •-0•r� a Tyv.`' e a q � a b. j 1'i. Iwr CaStie 4 ty v :ylr ��d h„+ w5Y yZMr 4 ^� Y r1 e it rF a fa •— {r► \ ikfa R 1" ••,�S,y� ti _new. le-ati ittnP•ak as, _ I • w L24,O, ab e a.. waj J /. id s a 4.„...,,,,...,...." t JJr �...,r ncw. � , `.w.,.:rr ?.tea � •�Y� � h.+ - 1. : Pats kiro mf 4 _ �r•� r+' K w t...1 tr.. _ ,� A f yd iy Y ₹₹ he .{i .`�.''Nv ` ' " i rLw1v TT -1:75 w , was r , mad r' v T f Wel `z Ertertnan. 4.7 \a ''n .� Reoresentwatives caiA cnci 1. rr n....� ' .L-.. nRobert to { eaR te{ f�.r. ryyt .' •kw Pd cr ti y V f p flai Lst '•w�• �La -, s 1pO t . . .tip.a1 if aW.'dd d a''•`.e' I n c TOW by assign, transfer interesh in and and the Colorado Probate 4.1 . `r.la 1hy rfll said cods'' of 4n .4. a 4 r, a Wi R °ur r T 1 ?4, > z'ui gy• p' S~'n dr 'rte .tJ • w %v j' - \ df . ^ •• \ efler • 1 ' S . I 1f.t 4 L Li :,, x0-12 {� `vim ;rrf -2w• 4-4 s lta ;i 4i a mow. r LeeO,1,_,,,rt•. � ;� � f t..�•• � 3",i +.r %w ''rwa' ".•� •� d w bb �va bf dd awn i s .man t' `rs , to tne S rel t 1 r.= rn State Ylf a s du l y 1 D{ i c Lr s 44 y -Dr1. 'Jr r ~-a s. on October o. Canac ..ty. r» i•- r. aftfla Ws Code 9 :• » O powers con. o ..1, .0r 3 L.ft5 540i? Nnrrn Co CAA °At" •l•.i {:.i>7 p -s£'+ o 1 a.C' ca rs f a,.,.-.✓ r»S ZII Y,TY8-N V f ':: �.,.b t l r�� \•.R i... ' tai ..�. Y.•� n .1c. 'new` {. • i<S rinnr • L a , 1091 - a v .r .lr ,:• in4. n 3 Eft -or t and Ivf .fw. '+I �.,. �% i-s+' far i.� * e -rr- d sell, c y ' �''V �P , r a -'t sw i i iww „{ �+ L.• .R a and set Deer unto said Grantee all tit. e a t to all oil, ocner minerals in ana under S that ma + ,:"' . ` in 4 bed p. n ;r'� county of-ri ,4t'r'-rr...) 7.r..! 'L V i or Ca i r a ti'4 to w i W v I NT/11/4 and N 1/ 1s_ i/4 and W1/2W1/2NE1/4 /4 Section 3, Range 57 Wee t of the 6th Grantors agr • a :‘iaft- recmisite for the f . l a.» zneit w i .•..J it a.i.•. any mortgaasj taxes: or °the:1z. dthe in payment by Grantors, the holder thereof, To HAVE AND TO HOLD the above described property and easement r,aith all and singular the rights, privileges, and appurtenances thereunto r y «� ��' 't M( 5� e 1"b e: o n g, t o�r� the �{ Grantee n 4' e e herein, ' t � .... � � � anywise .'>. �� s1v tr •,-. `» . 14 ,� �s � 4 V l,. �.l ...- said .L � `+.7 .i. �r a � 1.,. G k.... its successors, and assigns forever, I 1a'1 — .fir`.•. J• /✓ *j..a.a 'ti.. 000 V I ▪ 4f execute such and cogip2 eta Tcw .chin r"rt,1710. enjoyment Of th.e South, ma'v+ J 4' - N-0* 3Z Vie. 11 ,�' n a -I- .s. HavP Executed _ E t i m e i..v o refdee m i.or 40 4 1e7 r ar ofl the above ;;,-;V italaa-11Wmaftaia=a described land, and he subrogated ed to the ig 3 3a9 jacWAlden Saltzer Coa1 Representative T.:.mot by .: a rt SS' tzer/ co -?ers al Representative STATE OF COLORADO rn fml � %., .* .a The day or )ss. •t._tA. 4 .a foreuoinrf 1 nstrirman eel t zer e W 'MIr Timothy Robe.•.. a+ Personal Representatives of the Estate Robert L. Seltzer a / /a Robert Seitz.. I I a7k f zee Tiro hy,R 1 S t he 1s%7 .. rights o was acknowledged before me this 3rd 199„ ...y Jack Alden Seltzer a/ k, i Jac S e l t.•. YV e 4 a l 3 •A i s Timothy R. S a l - (r/ J•Y of Robert Lee Seltzer: Deceased. r as Con - a a 4 o.ta ry Pub_ • t • a • • • r a • a 42 STATE COLORADO enniFICATE OF DEATH • Lem •ti .tU t 517 W. Mlit2a Mtkz -� St, Y ,i..' so Ste Er timgcma rat a �� r nesurnmnaftwisaszosita Platte Valleywyv��eSiYL. sa'^`.•ii.9T¢•a t ,tractseiccontar4 satte•a. CmLarado x w c tMete "ww�`;. vaszteatagel 8060 a'• *COIaaal•••Yyw Or; e CAW Ya• "' - • »r'*t fit• a ZE emzeo rtl( atz Tv) a le 240 • attl ,yY+e� �r �.w fttoaL C.�aY.�.•'' 'a & • Litt iii > gri.eare gip. A '• .•��{ y�}�, ��p: T. •`W2t, Mi134 1i ''UY)• t N Tst tS tr , F!i`t as �E�.acwirt 'ai�1L''r.'"wYrra e sifiivlf&`w €. ales ;zap. 44.120 v .. . ♦ .+' ", 1 'Ga¢iir8:i i1M3n •.'`llWiaKSYA�: ..yi aa'" • • rel-7,4,4-01titeocaC C44,3244** oar; t ,• 4 •• • • 2 9 mar incrancial ttlegatiratatE cratiaelptattWIF 44n a . • -•Y w W _y..0t a— -4areria 7•• a- a w -nArai • • a • .• .44 • • a s 1 M - ovinreastlavattiztattttrattatalatistalet 4.,„ r..'.._ • •. Yl .•' • r«•+. w w. a issm r ••. ♦' Q Ay.:✓arr ; "� '�ti 4 +. V R . w • b . * ''••J r• ` �•• w a• )) 1 •�+` 'Ls 3` '�•.- at• SsIr. 3/ .• ij, •i •• �+�'re {- Y •..r �..,'L r.�_,�j ant". v. �,�8�•••; d .•a w•w..v O M dt'IAr dwelt. 1g• +• ♦ w w �+ � ii.Y •a - ms s yA •� #,4� � w w ii •, `�+. -. 7- ••r•.:C',R SYaliws„a S ? >.vt- 'w .:... _'"_`^''• A •• ••'•�♦••.. . C ,� }.b S �.T!•;w.'. o.. � Ss • intoK' 2`` ', s.� a. It AL OF acc« fib „ Sim `.P Yt ted States .wM.. ri .T ta • w•• leaw a z� 3 vittasr „n.• . w��nS Vii �a.'Lao•14. .c4 --f7 e1 J^y�.�j�a�•Y'..Y. �� .'wuaq• k 'ra ,•r''b�rLI`a' a+l''"y) - ri �✓1''D.`Y � lA ,rsi '� a eeotdu.e"3''.'assr,k'.tic' �b ...," SL%y etup''«`f,.M1cv''i'• 4li.:l'^.y ' .w:sic a oh ik'Y"s P.a"Fi3' TH ,.; • - .' �,k,, ZCbAs" fc " • r92/5fry'3i44 eat '".cites (teata Vtgiat • �• �a S r.� '7 4. a 4 ....' ,-1w y , ��•.YY . .. "`,.. 3..a�, C•r+vo.r r •.w+ ,•y.ip� ...bl •x y ♦ . +o 1:14 - J .r ▪ r • • A •. t•,c ;. c - • w •- r. .k �t alY• «04 +, r.. � tekm tly '.i•rrw s sf 4 + aC. • �. r. ,: •• •••• »� ICJ J .^4A'W �N•I,•.•-wMr�' a{4• 4 11i" 2 6. i ! .4� : '4041.4 - •, -. a• a'` . mv'ti a'c�c.''[:,a'.p��•,,��k+'•Ja�iAif`.�' aka "'k,4:ttets r M. ^ 's .- w ,.•._ : Ka ti -- —S.SSUMM 4, ' '. • Lt 014 +•• • ••r •i • .1 ••• • - • _••a..a. • •• • a — NSW, a • • . .i 'l `s fiA'' l'$' tk ct may_ .• 1J' _,r J • WI= SSftd wr••s-a.. wa•+11• •w Oa - ♦ . Y • • Z':;---• - •a4` • • as. I heresy certry this &lament is a true and carrect t copy of the record in y atstodyez Issued in Engles this 234th: day of October AnD. 1991 This copy Is riot valid unless pre re an blue b ad paper and to se -lath-the raised seal of ritati n ty Health i} vanta so . arer, Regzstrar Aders9 Arapahoe and Douglas Cotrsties PENALTYl LW if any Person -alters, uses, f .fir s to use nether for duty use any vital statistics certificate& or nisties to Y • I k it* gra Si • • • • 4 • • 4 i a • t a w N as CC 01. Itg .: STAIS ' E T "�719� F�py u� P.ff E CAMS 3'. n heft gal r„ "a U I is rialtSaSa tir triiereit tram •Y.: Z'Q x seltzer A' dal+rr[T 40 'glo -t Sittttni to THIS ZEST az' tit laCtittifta want camarast Ake DUE to to ts&�g.� S. iid-raustei zses two At sicc- ESiMt. 'read rat aa aloMir M5404 CAW ASE a$�E yIL�. CA= .�a �M.\ Mtn !IC ttlitICS.Pwira= Can= LAst Avrr • • W `W OIE 71:),,C2 AS At ''�i.: -- - - — — ''°S � _ ERSE 0. ea ASA Waelattetten !Alt. F - COLOR TIFICATE OF DEATH inlyseas:an w Ift rrr, aSYt6 h' SAUL ft 4462 N + soa.'s • Swat a DATE Of MTh Vans io Ica 6moms " 3', a qt a c> nt, TIMM SA LOCATtalt a • gate', . to x ,t04.1.4:71 apnrsid-i rib 4. J, n fiC filitSit vs at l2 230 E z .. cam... VSO niter a1. f 4i nstattid er &. 4.e. camf aav4 L;a Educativaster he wan o . :390 7 t $8th Ave - rma or ! .r .� :- • • E ehi Cita • • f • Y tst mod,, L to 1 r.. n a LAST leactriEra V6 autteta 4"''$'3S'•o' S Wirth 'tin 2'CWI Lead =nutsan_ wv.sutra an e t'tt =teasel - ITC WaSOF Safllllza�� ..� �.- <a,+ccp� v+w SYki S. b;Ks3 Crag .O13 4'F9�ED A lYr,a -An Gt4 ... ak �? . C� :oat w `.icnu A ElR 80401 Te SfetriED _ T � =April 7,1988 - A .S tot p°�`.,�F GiyR Co Coroner b April 3 ,1988 - »y'Ert� y{yam RECEIVE? �h+� /r�� y y� :.,..__�, 9, .IYIRI .<y+ • Y.Iea•�t • s R� R — : • 4M•'1 R fry W.'41I T..VMMLT:it/H« W �iYYMJ it:to alb.• .'� :� fir• •T - . r .r3 ' ♦ I � - Jy� .. JaWmo, • - . • 1� _.I J • .Q - I x3 wWa M s .. A •+.•y } a • Subs •r r.... • r - • •• is • • s•r. r Ma•• • .. SO • »• •••••••• 4 . -r — • • • avian SteNtReatte =Cara .' s " u'# 3 `Gztri `4 sia o .2e InA Ts =MOAT SUWE Z y 5 r�i_ E e97��S41twa1fy r'4. ' Ic`^GA miss rat . •••.--s _ e. . • a r DareAra Mal OF? MY- •` x i *sew* * .. lit?kk'av AT WM% Yarn'£ (1i4b= a- PaCE +`• iw:+ 1•-. act Dtt •w ;A Ma. r- aa ..--'as an•••a a w J a Mkt ear MO tr.& a3P-ONER rtret. Nei In No .e3 Ato tofx„Hgcnts:Ti • x•Rr 22L: r. STATE F C ^k +` rx`RAC _eg,RTC A K A " ttttUnited States of America_ _ • `,* RS - •,. • . • 4, 2... a 4 . • - 4 4 44 4R. a . A • - _ • a v R hereby Cey: 4441S, Zia a • This copy is not_ralid unless pr:." Pared on blue basketweave: • • it an correct cop% • recprd KS 1988 . Adams ,Aripifiee and Douglas Com s c, etcai tc:ts, De pi toy PENALTY BY LAW if any Person alters, uses, atta ts to use or furnishes to another for deceptive use Sy vital tatistics certificateal cra a3 • Attcr Re o:dh ti itetur€i'Ito: .'-.�1ikrcIEISS,::aaXNJT�,��, ME, 1. *rids Statement of Autltotity Mates to a€► entity named: Robert Lt ticker )Th nafly TOW t . The Entity €5 €a: Trust 3. The Entity is formed under the 1€tw of: Color+€ado 4. T1w trtraiiit eddmiss for the entity i s 31411jaixty Rood RA 5. The hatter Will position crunch person authorized to execute instruments convoying, uucumbatinat + r otitomisc affecting title to mil property on behalf of tlto entity he Jack Alden Sultzut• and Timothy Robert Seltzer's Trustees, 6. Tim authority of rho foregoing putmu€t{t) to bind the entity k not limited. 7. Other matters concerning the manner in which the entity deals with interests in real pfopt ty: NONE 8, 1113 Stntoatrcnt of Authority is cuipyited on 1€cit€tlf'uftihe Entity pursuing to tho provi& ens of C.R.S, Section §38,30- i 72, 13xceutad this; Robert L, Selt:<c;r Family' 'rust 11. 44 1f •l By Jack Aldan uit ct•, Tritlite 1J ,fr$ `i'lutnothy 1#.d en Seltzer, Tt #tt •S. t -•1 I t I.4 ra• • ..1 • ' i I 1 • ]r 1 ` * IV"I ff ir h. t f' ,+ STATE OF: 1 . COUNTY OF: .• • 4 e t 1 'iiu foregoing instrument��ct acknowledgedbc(trc uu this day of. I . 20 by Jack Arden Sultzart''rustee of the Robert L. Seltnr Family Trust Witn my band mid seal,. .• My commission expires:• r 'f:;` �,c'+"�ir.wl. •Yi�vwAer.+i.�rw..rw+�Ycwr�ci *�...TM�I V yy�r+ly«sxP'a.mwwrrr'�°'Vx..'..w.n..ww;.rn'�'s:x.3:+.n In'I Notary. Public STATE OF: Gown, OF: — wralp0.l»i.Gali.Yn,.w� (A7i L P$€"4,isoa "Win vilitittAija %1 'ay tdry[�r`r�.tytti ,�.4t14 ;Olt Tito ['groaning instrument was acknowledged below tam this „.� ., days of c.L cot• -$E:. , .10 C; by Timothy Robert Seltzer, Trustee off the Robert L. Seltzer F€€tullyalirtts DAVIDI tP501 NOTARY/ MAIM MU & CotOttADO NOTARY ID 200740 4403 MY COMMISSION EXPIRES SUL 10, 2019 • ac4xna+«'rwNcevyrtt••rnee.y:.err:aA(aYaw»:aors++r.ccka,a..';;*.vac 0a a rs a $ >: t t• O. iJ• a t s Witness my hand and ual. icy coins €tusiun expires; 9.70 vat 9 DAVID THOMPSON NOTARY Fume STA f OF COLORADO NOTARY ID 20074034403 MY COMMISSIOn EXPIRES sgn, 10, 2010 •te r Notary Public TRUST CERTIFICATE jr a9�TSS��5waY.X'5J�'�Yr1!i,c�hwCa`ib A #(tA'.,y. _ Pdit ttiaoi loon I f 0 litCr 4aif`il li ti d iitii t 8401 07.164041 Cllr #_ 14071“ 022 f4utvt ncea Its the Won *bow eta for Lender's usu way� AS do not Oat iito t Att:olii tv t1t f# rfO4:cttmim4rit (4 (ny taattlewiar loon Q/ l;a€tt, Arty+ liarri tit,o�rcttt alr tin boon is twci d t..ur kngt r than i it dfia. H3tib+eWtit.:.c�lM'tMK¢xy.��yM�f'n`R'.WRi"mtri4YGtYM�M[YAtYiii �1MiLM'iFMX'��YAvE ,K,“inYa•.`'xot..4 c,04..y. 'Q '.JM'Aktki&,, 1F�� Mi!Pf?b'1tes.L-Av ..'V,AY ¢,0 p;.-Ctois.7•.);,WdN1risty ,N.;;i.csirn ,r4,140.xfAsge r ^KkktAV'V+yA+.r+u-M) ''�Ianl# F •vf :Cl'M ({MvvVF fit zlt L. Bottler kti-rtntt'y Ttvzt 2ae41 %old County flasdt X41 atIfintulnie, CO Qcu l i MS BANS Wiefif,tW flft t 4f clitEi .ta"ii'. CO boot Ole) fi71-4110i fVsak-mx rrn:or4'G'raze4:112410aµwitie r.4Si• • • .w. . n�r[a+A z T ( �Y'�l. altitW� ,tbuWi3ir�i q. tee.] Y�I`.�FJiR�C�v�b�"F.�(�!I%FfAY%B{f ^awr+L"w�Cl `i{}l`iV.v�Yr'Jid�aSl�NtIF' JJ �•...•. '. � •F•• �v �.. a TY��V3r � �.H �e'wa� > . Nf .. �.&YSL iw3\�',fx.. s r �e�Jli/:7S..1 � ,, �.;a � r.,��.. J3li.d+ ..,. <"i'��YYi': "1� �' .'1�Vd%/vS`?+c%1kY3''fi' WC 11W tfN 3ttt.3iUtt ?, E;ltt'twin's? Gt8WY AND f" A18n C WQ fl PENALTY Ole fsrkf♦ itillAt 71111tt TIN MUM% fl*''oi4 L, laf;uc family Nit (47(tall w .% iltternid Pv;,vr$uacit tt1 lu at autao-n'innt. THUSTRO10, TM folloyiliv tramkttl fraraWit have teen dhiy a. nc4Mtr4 3 Tt aatetsa ut Rohm L: Captor family Twits waft Jll Wert t ultra Timothy fin rt Uatttoi u 'Amoy( of (Watt L Witt Family Trott Trtluiai of (tacit 4, *0ttt tf fi#rt fy Ina t iit tilatct 4 T ,' r R. ACC TAU ZS Ag tail&f EEtf, Yho t< ratrtta tamed &t''ciia t'iav appohttplwni as Trotten tend ath (JON 8.41100 ItiatiarziS Of Truer, t3CT$ONN ALFtti°l*ft D, Arty two WI of tho author -fad onatu llatwd atp tre may enter Inlu any tpraatnerts rti taw fut3ture with tentr:r, and clime c4m-tiratg V4111 WO htun, than Hiz*ily, but tvittioul liatit6 thin, any two 12) r aut i to Authoiltad, a►optw- ts.. un' otteott - to do IN) t t#avrkrtt tat OW Oft halt.aff at Twit; ENt*ttw Monty. To frfntotw, tot o curlonot w ulhnwis , fiut"s"i time. to tittle from Lc-tW 1 an 01;411 ti3trtla a It't4y 64 aU-trod 1/'0441 ta1woen Tryst and Lt 44r, owl) Wm- in oUriN of nianriy n tis thufr 411403) hti t o -n- weti, tftb tea tttnItatio#i, outo Nat, To (mu1a 404 Glavin td Late ? tfta purtsiry Etela of nei iaa, Dr.41114i i or d too Ot `Ttfouf' rai3lt t+taco0101fdatltrfia, c ii tandent fat( iii, ut tiro rising of littara-21 tuf4 on at l`t tE4ns ix` tnav In agragd 14 #4111; ttttidaticiwa the titittga of titt}ilt3p tgu tr~'trut<^r,tti or tt y ©i malts tn&Mtitodrutto iii 4' i i,� um) <o ED eAteulo t 4 t tlftiti i4 ester S3 t air rt`ic4 tanawittt. t3atnn , M44ffi44110 0, itfftn:irtbitttaa, aonsotutakmc. or tobsittu;hen for ego 4t fi EV 6f IN nctatir &i>' Satan Of IN r`P,31o"le, etw age ovitlencoof ei ttit c(44cinrnarAtiono, Omni govaltitt 4111 mulli14(1#• n14dr%, twister, Sofa, inpu ' aattl, c.c atthtati'ilaa anournbot fftv4 gotta/ to Ler4oi tiny property tow nr Itizioatan bulkttptng.;o Twit or to rrilstttlt MAI rhivi tom_ hotielksif i wy have an trie ui, kwlwaino withuut ikr tatten MI of Titi;t'u twirl latv#i tty e.rtd a4 ref Ttuz#'u neigo ittl ptaggrty (fertafigo of J0104 )1101. a Ik4:ut tle for the pilyttiVit of any tails at c.rnch% nocarrrutts .it,tla to ri=g rrbtlitt>F3io, u y intranoty gram cu uktItitrtt,> v8 onniogt .nta t; t* trwitatigettafte, teneaaithi, oritt Out s foj Of a'tst li pttrrtiiatut r iwien, qt' urttt" 61414( tar ftiffhtir todvbforiovitt of Twn t4 1.0tiff0 Ca any Wills uvd mj, 4iuivavur tlra atatntl they ku 40400044 autii Ptooeffy 1 My to rti iusovar p44rftit$, tranatertoth entionni, hypouticdItd of, €3f're$113 3;40 kit Ow (IMO amen fount 3M UtttakixtJ or aut it Insigiliddisgia k outratf, or al tatty Whitt ttrrw ur 11 8104 anti itny 4,3 vli@iii i s WWtdhhion to for tri ilso et uny ftwpefty th rei.taluru (nvIlgtrd-ud, uit;tl st#, tfanaforto4t attiliangtfi hy€wthaeeted ttglin1421a Etuule Aaevrity Dausnionta, To QKuc-uto &nd IUflWt to fAii if U' tettfia of uNtlf7fi , (hod at flti4 Sedge 4iftthrttnni, hiflrotl ti; i twi ii tionunfl, O.1 Mho xuetafty aan ttt,"Pitg #' 106 (/4 stir titrti*nie Whiny Lender rney ratio a antl tvhlatt 3444 uvidunto ttiw t lrltt uti'd t ctgtittort8 Wks arta puaatamnt whieth auth tf rt s tet141 441“,:4‘14440144$.4 ar any at alii.nh emit alto to ammo aaut eftii danger to Lti•ntlef mt other waiter) 1natttarrtania, rsy ott.aittl p4ifet, UI +Adi1 nit' r "t bitStit, of any mid at vrith Lonifar /,ray 400 O5f4 aaty tlr wow in coca u tt with or f ¢ttrtlrtg tie ttie Q1444O9CIMa. KmM$Y oiWt :a,�tse. RetwltttsloNti thu ttarcl aliij, an? aria of the //above i t4hi4thel P1fkVrio r'nev Q04000106 &Writef, €it tacoftl i oith=t} 1atfarrit 1L, utgailmo Watt, To atm. et4 b42er and, genii With tm..riuot Si 0rafty, t1Utt4 44-011i.40;044 rMut cf Crt1tnr iivtilafitai4 at a#rtadtita. trailer 14 QT- wit:Q.5110o IQ Men of whiat Trim ft sy have on Iowan, ond thine/ to tostiittit catch tin tlru auaiu tie tit varoau 44taki et W bo atoriltd to trust's aCtQurtk wait t,5t4gt, ttr ti cats attaart otiiut t€la*usitititi c t 'tat 014;t0441 tf•utl,.'tf thatuttOtt to tit y rriay 04:44.01e041.10404 Author mss. In Mg Ca.$0 tsf 141144 ref i tc 1t, fir gcrs-1044til ittlttirtnst fu atiatrt>ita tntlividoefa n trxUi,t auittotti.4 i to takitrua; attviow4 v irc: ,4t ffi44fi (.kitten and hi ail esttati, to a and MID" 61141i °tl`e' 4414 ' f thinDai in P 41 ony 4+tti ati fon anti r osin, and to tat.:acuta end itativ4i: 6Odt milt,}/ thOOThlittia hod ilrtstft4in , tolfetA it*nka m;aiio volithit rite flilit to 4 ubl tsy lint, ate the T.uateu; tall? to fh;ft di:41O114a (tra rt§4`1i4t4244 , regg445taty or plenty fft erdcr 10 C4tt10 11110 ONO 014 dt4Vi41;trtZi Of tiles Ct3rt1t o le, NRTtQ li "tt l_ENAk"[i, Titre T(U1t4DA tt1 pc*ttptty notify Lerwrfsr ti voft ail tui s#e '>i rirtdrwyo 4friOwn o*ova Iwrtwich 0114f wcra'aH au ga tctatwt# t rt si► tatiart410 !tarn lltitir 10 brut) prior to env IA) ts≥ra, tft Trat'a tithe: ILO ,c tan z tff Ttutei aatttb�ttiarl ht, litrittp rlamuk}f lef tfltatiaa fn Ow Mama of the twat/ WI chateau -In the i Auitwifad 413,04t ,l; te) 4hai a niii Trtkrea anti at rr oulizationi Ctrl ourztttbten 4i Tidal to a /loge pr Utik-unit type of t uttnt u tzr'ultitr of 1(1) tit uvis to airy rennet itio4 it of Dist that stilt -Ally Sir Inclaotty reksi;k 1u arty ca.t#rraa fF'zxtto {rs iwtin Tint ant Ur tht, Nethaocio In =tintt4 woe of 4144 tint f fctottatkJt1 vtA tutu Edina iiini utwi tondo twit tltviivsti ri; tlCv. whyttfti1 with tt clill'IF Ti ititti., Ttta Dettkrtil moult d titaro duff. zeintod obit euiihN Tru ratio of Tim @intetu duty ouili anti to JA'1 on f 4 Ic of Trig$ 14 that iii ftfiflr cfc)ett*IQ 4h4Ya1 toga bf4 fat krtwiltIt1i,,t meow of IS fiWeblttit ft:rac, th°a iilthltftedolu li,;c4€tali; arts to its tsld lot d ktaitittioto Hun outposts and for tho tierloilt of t1ta Treat ova botvalittolos.. CQNT4NttrfGr VAtUI#IV, This Cortifikalu ettUi fa tetitInvi ° , 41%44 t a to frt 4 t taiga gftd Olivet am. '� am; t..sttcttrt• may rely en It unlit wtttt*t°1 taati4ta of it's IiiSt0$1.tiott thud have Wen dol4tretail to and roteivad by t:rrsszat at fAtiSik 'P* aunties tilown cittsfva3 it;t xr,t ticdtbstarst as f,urtu;xr muv desti n 4n from tines to tfmwl-, Any sMt ti rwtko shall rwt atftc t srty izst Yfialle ktit*otl antu et tititrintlt m nts its uthaufi in aril t#itto ttetktta taY Own. IN 't`h≥3T1M Y WHEREOF. hen f iatttttrt set as hand grid %tt n (St OM 4i ttatinoa /tat apptt ito llt fta ts4 Pliedotiava pro th It diwtua tiglsatizsn.. We atSi ti cad Vi Mutt Paatr#af4rtA of ilia Cutttttc4w, &ts`4 we 440 pcauenaRy c4"td urn t14hatf of Dun waittly 'fig tnI atstetwoo14 and reptasott.0444 trw4e this Cottifitoto aro strut unlit carnet t, TM:31141k &'tttlllouto t dotted July 111, 2016. MIMEO TAAM) > Yin 1 UU i 4 444 acK t 1trti. ,-- i�,kii?-fxy;tf,� ..."Seasar4, Fungi Mail f matt �e }6Eiili��'fi� fel r t � sify its Loon No: 400010912 •iw'o It EA. STATE OF COLORADO. TRUST CERTIFICATE (Continued) Ward) "tigrett..4-44,742grakZet t COUNTY 0:tt, t Z t( i-'' 1'' , , 3 LIi..., ..._......� 4 • Stibnite() once mom to dotard" nett on Ibis ".l�:':ii:: of 1: ; Minna trey hand and official cant. ' •-11 My connitlaalan expiring�...1 '• s I !SS I day :. rs { Wit e..?4My.:i4 itlti ww v�waG4a� �r;cx�trt�srial rrrry4,4%Crnin,ZaraRwa:alamatu SAAKI wxvw nraltRWAaw•tr DEBORAH I, 01CRISON •r.. .•t :y'•!: i'y.r 14 'f'AlIttiiiti •n t' 'to " I • , .. • IA/ Crelifin 3 ►•: !! 1:Ipa��s viii:cla'E'm 17, 2017 C...,.�,i _ r fly Nupo 2 '.• .,, .�•...44•rw.. r...•w•.i.. �•.t Ma. I,! . ./ . •• ••t ye • f. I. +•i i• ' .` 4r F' .�,• ...! . Ir..Aa.l,., W *IS&3 (eln'a.a,ijAC,.sit,t.ttil,i9 t. afA.rrrlw.r! •••{e;'t/ltt'%'•:iestiZnt'v 14 VW ral� 01,4 Nanny Public: TRUST CERTIFICATE Luton No: 400010912 (Continued) Nip 2 Ya•..-..u..'♦1.Kn;:..' i'F'elf.t.h'..aY•iosaa... .. a.•f`✓l%t•.<``d•4'"iY'4.''^::::-"w.wLs5t.'3"...:"''"4rT:i�2'4.'6cs?,,(S.FfwbP+A STATE OF COLD tAuO COUNTY OF Subscr€bad and $Wotf1 to LP:flora,j not! t n this CLO � I is✓t tC of ,t,^pi c a• f �i..•r % *z W€losss my hand and alfic€af accts. My cote:ne€salon oNrtttoa: 9 -fit C/2 l isa € t ly of DAVID THOMPSO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074034403 MY COMMISSION EXPIRES SEPT, 10, 2019 tt a'str;r J Y wrw:s.. "•.•"+3A�`•°ti•••",o;.ts •t ss�ov.�zx ,�x'sx•tt-r:•=sw..•zxa.+aay.-++.ravmau.ec-r.txazficx�aisx •�atF,. �._ Naiaty Public in.M.Sa Itk!44't (It•.6.kktfirmip.-s4,1 { !l'WI k a &YbW �fth3?»....q,..sP9ni�tGb1� WnATa�a f:^ actltrtK Ia 7t .1 t1a tl tau cx23 /.i .A.f w R A }yam? a ATTORNEYS & COUNSELORS AT LAW '4 BUCKTHORN aORN DRIVE ; r linottril R. Seltzer, nfl ra, 0.a Seltzer SFamily y T rust 1. 7 ?--.I-,... aY! ca, sic, J ° cre aem k 9 CO U061 n p,2 S.4..e Dear ` im: L t a. ruses' flq 7 rr t. • & , , ' aJ ,:� ! J to encumber trust assets ez Mark T. Nesbitt 0 :j u asked if the trustees of the Robe L. Seltzer Fa sl r Trust have the right to obtain loans on behalf of Eqe Trust_ First, the Trust is a testamentarytrust, i.e., one created In �' last will and testament of your father, anti ti Trust described i your father's ill is,., it, h O, ornotrtrustees regard whether are u rite d to take :aout loans,but the *�c.0may be construed as an indication that loans are within the authority granted its ti ustees. This con& sion is supported by the fact that m both Section 7.01 az 7.03 your dad"'' -r�'� i� _ � �� `'' �w +�r� '�" � `J ,P� Try +� y L _ si-�e�il' S'„ally s�i�.�'..µ.wes that Jack �''I you P��y, trustees r+'' i 3 G r gy Jire K o mast bond which s Ps ' are not � `w.l'W.k M.y �. �bB� � Y� " ��.�a � a fi tS. iI x��,. � �t��) y �i is ti y.y r.J`+ +VVJ '1> .3 4YYY iii � �J(�i i� r of es " a d Fk✓' � F..i �`...� S a � � '�'1�,.,�. � complete � .ayM..�aQ�aywi�,� � y Jack y,��rl" you �(�'�\Q' p �'3 (�(,�Wp�� - Nof his � � tf�'� 1� �'Q WY � � r father's Mompl.Vte 1� sw in W✓ z. �) V�/ as the t st �`W KN��[s Trust. Another, even stronger, indication of the st `engt. of the lstees' authority is evidenced in. Sections 6.01 6.02. in Section 6.01 trustees are to administer the trust "free of judicial inter vent on and without order, approval, or other action of any court." Section 6.02 is .more convincing of the intent of your father when he specifically prohibits beneficiaries from ; assigning, mortgaginz, pledging or otherwise encumbering all or any part of the trust estate. It is my opinion that in light of such explicit restrictions on be rights of beneficiaries with respect to trust assets and the omission of any limitation regarding the authority of the trustees that your father's intent was to grant his trustees, his sons,. unrestrained authority to administer the family trust. Further, giventhe fact of Jack's cv your young age at your time y r dad executedthe will it reasonable to assume that he understood you two would be administering the Trust for a number of years, that many unforeseen decisions would have to be made over those years to effectively and expeditiously administer the Trust, and that such administration would include the right of trustees to encumber Trust assets if such encumbrance ance was consistent with the duty of trustees to act in accordance with their fiduciary capacity to manage trust assets in a conservative manner. Yours truly, Mark T. Nesbitt� IN. Cotton Burden Anthony B. Claiborne Thomas 1. Moore bra jackAS T k i . box �cP.'� MY 4-4.t 3 .� onumenk, Valle This setter con .„25. s that our Tclentilica yon are a Th stee Y idber .4 Revenue Service FormW9 a e: p we ats24,04, sea 10 Ro Please refer any pa;: ' bavixg guar y J.{ • .• w _ tL to eThe obtained Lealtz vn Gus reed a ed al ust oyer :ached Internal ci matter to me at yours, BURDEr CLAOI.0 • V . _ ..• .y ...1 6676 Gunpark Drive East, Suite B P.O. Box 11080 Boulder, Co 80301 Telephone (303) 530-2737 o Facsimile (303) 530-7760 Internet: boui eriaw.com Ftrn 1/41 t r ♦ Ware 9 9`iws 9). r f pp;ep-r G4 the '" a r Fw!»'r„e�+7a4 r t s �" s"�e' Y � C,i£2�, $.i y latemai Revenue 3 Same �''+, names,.rclaase.v,«rac�e�rr♦o..�.r.,,e. le, 3 A ti era t : cr s + r ft 7 ` "a%,....ts kw?iewcM:d:'+..s a.wi� .?Ssw.wyn taart`'vf�clke"'�;`f• �L• .s._ri h.: `,zil; 2 re."'•'.`,.,.*s n tai " �^wy,�1k�•ri_ »fir rrt°"'c r�ri`a _ ,fit', rw see � i. a �r4a h� '�. f'I..F a+od>-+.'tiv' `!d'4..''ir• ;ii �,paCy.n.y�y•{' r r1Li Siam.) 3 t /wary i`y 00 VI ••aMme, e -a♦sda r1 s yro`ai4";y< �Q .r14•fSyrl `f��n•�M} S}. toittia msyr47cn `7"'F -Q aye yt rr.� x¢�ycwraucs'.c•cetra2sX:K^.c�.�xay-„LyycxHvmavtot"ttaw + a [. m.'.:c..sn�z;•wcar[esw..so-ax^..sso*�utarsr• f. the name the pars entity •F.`. �.lA J ( •Y. _ �% CVO-0LTJ.'SMtIS i w tia d'ae at Ui }�.a �:,as �{v,��w or :�•i �'. i'�'3to '" �• � S''�` ��F ��: ri 'J �L ��T'Ti` >. 'tom Z .s.� r c�aunxj[Est+trra+rmu's.FBz..r3s�ybaLa'�.s.-la .i t �8Y taate r.}�: � •y `'�- .2r'ad eas " Fart' be;b��'^x.. A '`3'' 9" �-f.�i ✓ i1. Xx ,r L':: I �q..� k� a <z i' wu s F-.....S'M:a» Sea s�x�rv.�.�,.�3�i"��.`,'-.er i�f,�, .��,:�k'��''.•w,'�4� 2 �� :� z«�1.�� 2A�6��3�xv 7w"nd <•gs. ....s A1r7 Zip- }'F L +•wit $4,,S'tAsw bivra r�.cw.eru, _ £ ..�' a.R. S:. .L, -4. irr 3. S.:. a. ,^may , „,.r X 4� -446d,4..5 .a7 mow.•- i. r La'- 'S z - d a • 1 ,�wh]. "'Ly"`• e.) 3p �'JQ'�i P` -,w...{ �y. F9 s� Ln .= �Y^. .' `: `ss • :Jk;-rte,' > CA'SC�t".. e}.✓�j iG.�..j" `'?$a2r, ,•,..d'.A, - '}y3a. .a Zt � ,(x.w!• Me- Yr �� ( hs d'i ',� .y.f� ,.x..:"Y 3yq' •s' '�v. 5 �. 'rT..'., Itat x .,•.•.. J. rr \ x 'ni''Y4�1w.g ^ >+ aT.IGY,j�aN'?`F* ' /� Nu � R > i ')� S CY ate.?� t"..�ii I wiY~' Cv' a 'F:' '0� \v `+,:is -�s` s :. :eC l.'`ccs. w1e�`'�d•'7 ' u k4? tV :Su ( +r sw-x c�..is«+t...r.sw>�r.rrr..�. �sSon ,...a,+• i.3a1 airs (Jr It � TIN 1` y v 3IYi in th this e i'� r i ..cfv v�i.:n'u�:Es+e �Cs your soda! Z��' ��'+�.� w?� ) For ;^c,1+�4,'CF41.'kY wa. 2 � � (. 1 '`R ,�q,� �A-"� seta +xa./�s. the !Ciw4' �t+b'K!-cog i �. .?FU ' �,.w"s�.ai `'1;a 3 oar `aw'+.J� e '�s-m�� ..� Y'e#.,�'Scn-C'>r,� , »3'�d'`.+.eP'v 3:. ��'�wf i y ° ' wC ,i ,,: ong s� Fr rr otheai.-."wri�.R.y`}?`.•-:+'+n yw;.�y �.. .a : �� r�� x�rf r� szen gleiddi.tri number "-aaeewov+s. _ .r -v are %2t4:^t�.'c- nA. . 4 h bad ?ten (H l73 c" 4J2. f w. �'C.Ceg `� ',�W 'fib :i4M1 {ty' 'a's . l6`.ti'i-.iJ-� Sr QR en,: r"•q+ •1" 3 15, i.L.'P 1.4.41.4.4f,.Y++ :`-«iY- LCa .F et n \J7' „L.. p • 2 1. cwY n h ,u mow..-: ' w Fit #rata's' 'Sy Lta your employer , Note: > the �q; is metre 'ent- ,�,,� 3 No�p I ' th account in m.'" t r-rr fiM+'e 'e Cer+ n� �t A' S'i.ma chart on My k. in r, 2 "i R <..'o3 1 J �4 YY twr\r'arr Sae 4.' up SAi'c 7.pi it .'... K''-°�:aFA447.'.r 1:; 4v' T�S'e number Ito' r 44,O44-41, ',icerlaitic c ea& that eye taanterave, Q• yy 4 :uab ,L+wa .sorer awwwrw« R. 44+C'��,.---w:;55(( zy b •*.>.J s�y`}�.a gr"r h%j. 1' +r.�i. J''o".`.. t A`•'« Cy'�- - ran s3 Wa:.fv`a.M. {... iw 4 'Yr I w FPM' i.-T' .,� % �'.Y ��.�" N� "vl•VI�. i'Y � ` 4. taJ'�Z 3i h1 i11 a rrt-s pa ay,'yy�,ut} tabanC .#SA' E erectl S es ram _' and ad C • tastkiitsvP (optional) 2) rne number shown on this form is my comet taxpayer identificaton number (or am waitin for a nurni -crerto be i aed to am not subject to backup wIthhoidng because: C I am exempt from backup �» tl�ttholj^' j" =Y .- ) ay have J_ p,- - �y ,h p* ; "r gr<t'b�� $iZv � �i6as.i$�� `,�� Y.' met �� notified �.�„»" the internal 1iW�Yrrr` e ertue Service that I am subject to backup- wbh ; '. as r ° failure to re c w ail interest t dividends, spy 'lc IRS,, ha., t end _ � 9 G��.ri �S or '. `�i'� "��e the IRS has ��tii+�.3 that .e.. Yf� !eager subject � t _ me 3 earn n !e -ger subject to backup withho}din +,ir. rtiten igt a m-- r u m ucross out item 2 above if ou 3"3 .v4 been notifies'"' b ye h that you a ate currently e^a;- . �� ^"/. , :�.gr�Sr'*..F^^ .'!^t . interest p. . dividends � � � �v.r •vfl 3 notified Kc& by tie x a >�rN -ai '.^'.swe' �L '�'" �Y"ewi 'a 1 'tiw q � y�.��I"`^� �" .J' ��nd�Lr`yn.�. 1� backup ntS an= s withholding b .L,� uncle � orti g interest r divi ends n your ,tx a estate ,r,. r> For e e ,,.,1 �$'•7 �Q/�_� ;�{1 �� Y Jr. +v!€ "-��y��5 ,�j �"s.y, }1 ��? YAY, .y y f�aF y sy} return:. {S� ( �� to real Gwr'Vr •.....a' C ��. .' R�, item 1C�� a� n apply. f i o-i L :.l. :jw t paid, the a suit t I n of abanid N'nr�a"J i A \K s red �-:Y WIpe C'ri•+L n butiS ns to n individual W r 'w'. talent ,rrancy r+� n1 (IPA), �y �p.a,A.: payments other than P� _ " _ n y G� �y � " T ]`C 3r�i.7�� 'fC«��Y. �s.i %i �'i+4"Msi3 i..c:'�"w�i 2 ��r��'-�, and �(vi S.1 F'-��`''� v.�t b - 3' �`.. `j>•w^. , :"t arc �� `' ; 4'�"p.• '** /red w"7t °d s �1R w J tsr t .s, re t s 9 S f Fe - ii rfty iT .t ,.+ 'G y y.r1 ,.r` �M.� 4 w -• �.. e.. :,s � 4 '� 1 t'y'y�. � Yom. '� c �i �� .�' `':-4 ,��i.'y�".�,+�.�a`Ar ., �gsrd,;.... . +"a^k ,'rf..: '»... 3'�S 'rii a,, 42 u ...�r.;S' a ;?ub •air a'iwt +:.s� ww'' �.�''LVl: �" h.r y - c 5r • b� Seri $ the 'F � '+ �., �-. .� �h � .�� '°` �� +..ra.. e e c — n on page 24 Sire Pk oh.. ,. _ Section references are to the ` tten ai R' anuea coda Purposes: of For.whi3 ;s required to file an infonratan ratan why IRS must obtain your conT-4,04t report income paid you, mai ewe ansaos'¢ megage Interest you paid, the acquisition a abandonment of secured pre —party, "r cc tnbb r s you made to an IPA Use Form W-9 to furnith your correct TIN �� to th-r requester (the pperson� asking you to furnish your N))j and when C 'l �F"- bS.e (I)T iN to the you are Fu r G 'isfritr.ig La (or that you ` waiting for number to be Issued), O to calif" " ytt are c of subject to R M backup }�'{�w�ho;d g, and C } to claim s V frotion mb backup ku 4T } Zy ng if you are an exempt payee. Funtshina your c ct TN and making the appropriate certifications will Invent min payments from g backup veithholdng. Note: If -a requester gives .emu a fain o er than a W-9 to request your 77N, you must use the requester's fog. How To Obtain you donat have a TIN, apply icr one immediately. To apps, get Fenn - , it,p1Scation for a atrial Sew - Card (for !: " , from yrsur focaloffice €: -the Social Seamy faxtrtnWatkani.Fenn SSa, .Applitiction for Employ kit -a t Number (for -bu ness ail ter from ycis RS office. o complete Form W you dc not have a TN, write 'Applied n the space far the p• 41 Pat , sign ar-d date the f arnp and give to the requester. Generally, you will then have OgibiltvinelOSEINCISIOIBUICaterd _ 60 days to cbt 1n a TIN and furnish out€`r to , requester. if the e w 'qu er does not receive your MN within 60 days, backup withhokling, applicable,will bin and comae until furnish your TIN to the requester. Far reportable interest or dividemims the mer rrarst exercise ate of the failovithg options cmcern- backup withhoictina dr. - g this 60 -day pin . Under option ,. a payer must backup witittid on any withdrawals you make from your account alter 7 business�days ��q'�.��.��1a �p backtherequester u option ca Tees this form �W ck from you. Under (2) the paw must backup withhold on any l' interest or dividend payments made to your account, regass of whether you make any withdrawals. The backup withlholding =der opt (2) begin no later than 7 business days edter the requester receives this form back. Under option 0, the payer is rewired to refund the amounts withheld it yaw certified TIN is ceived within the 6O-dyperiodand youw not period. ject to withholding during that Not W ',Applied ice en the form means that i .�yhave already weed � a TIN OR rim ems apply for one In the near Mute. As soon as you r4eive your 11N, complete iohrr"c W-9, include your 11N, sign and date he tom, and give it I'D the requester. What is Backup Witg?---Pers. ma certain payments to you after 1992 ara recluired to wield and pay to the SS 31% of such payments le' certain conditions. This as called amp wkitholding.22 Payments that could be sat$ - to backup withholding include 'Melt, d 'ie s , broker and baler exchange tea-ma:lions, rents, rcyalSs, nonempioyee canisansation, artd ce.rtain payments from ft eat opera rs, but do met 1n.-. ide real estate tansactons. if give the requester your conwt IIN, make the appm te ceeton 9 and report -it your taxable interest and Fends on your tax return, yourpayments win riot subject to "cywc` ' w'i - t -d .n: Payments Ipo-' nceive will be sukect to backup withholding it 1. You do flOt firnish your TIN th,e requester, Or 2. The IRS notifies the r vestter cat yeu i hed an incoirrec TIN, or . You are notified by the IRS that you ere subject - oo �u � � bemuse you failed to report an yaw 'Serest and dividends on your tmt ram Tor repots interatt and diAlidends one, er 4. YOU do not ce to the requester that you are not subject backup withholding under 3 above (for reprztaige interest and dividend ea2ocunts> opened after 1963 citify), c' 5. You do not certify you TIN. This appftes only to reportable tore , dividend, broker, or bad ecchange accaunts opened air 1983, or broker eaw.otaTts conies Erract-in 1983_ Except as seed in 5 above, other reptrtable paymentsare subjectto backup o-. Inn �, *I or 2 above his. Certain mew and payrn are exempt from backup withholding and intimation reprxting. See Payees and Payments tempt Form Cat. No. 10231X Form V-9 ;(Rev. 1-93) SELTZER FAMULa Jac, . �.. n Cam: _ �,rstee q 11 Seltzer A �c. . ,h. .a. ? rt S r, Cc -trustee Tr ENT TRUST Ert.SLISraeDus iorliti991 • irt idw3r+& 'o ..: tar's 117 4930721 11/14/2023 10:42 AM Total Pages: 2 Rec Fee: $18.00 Carly Koppes - Clerk and Recorder, Weld County , CO STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named Robert L. Seltzer Family LLC. 2. The Entity is a Limited Liability Company. 3. The entity is formed under the law of Colorado. 4. The mailing address of this entity is: 33641 Weld County Road 83 Briggsdale, Colorado 80611 5. The name and position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is Jack Alden Seltzer, as Manager. 6. The authority of the foregoing person to bind the entity is not limited. 7. There are no other matters concerning the manner in which the entity deals with interests in real property. 8. This Amended Statement of Authority is executed on behalf of the Entity pursuant to the provisions of C.R.S. § 38-30-172. Executed this 74 day of "rJodh-rygic , 2023. ROBERT L. SELTZER FAMILY, LLC AL/ By: ACK ALDEN SELTZER, Manager 4930721 11/14/2023 10:42 AM Page 2 of 2 ACKNOWLEDGEMENT STATE OF COUNTY OF H osIcQa i On this day of �' �� 2023, before me appeared Jack Alden Seltzer as President of the Robert L. Seltzer Family LLC, who executed the forgoing instrument in such capacity and who acknowledged to me that he executed the same. } } } Witness my hand and official seal. My Commission Expires: ipkwdla Notary Public ikLUA 4Wir "La-• s , imoureitet Shawna Patten Notary Public Yavapal County, Arizona My Comm. Expires 08-20-2026 Commission No. 633917 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: The owner is proposing a change of zone from Ag to C-3 as this zoning complies with the intent of the 2020 Weld County comprehensive plan and the most appropriate zoning for the surrounding area and is compatible with planned development in Adams County south of CR-2. The corner of CR-2 and CR-19 will serve as a commercial hub for the surrounding residential development. 2. Describe the current and previous use of the land. Response: The land is currently zoned Ag. and has historically been used as Ag. 3. Describe the proximity of the proposed use to residences. Response: City of Brighton residential area is approximately 3 miles to the East. Todd Creek Metropolitan District is south of the site with the edge of the existing residential area about a half mile away. There are disbursed ag. residences about 2,000 ft to the north on CR-19 and some residences approximately IA west on CR-2. 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 rezone (from AG to C-3) matches the existing land uses surrounding the property and the existing land use of the site in question. 20 acres west of this site on the northwest corner of CR 2 and CR 19 was recently rezoned to C-3 October 26th, 2022 . The site is also within the Weld County Opportunity zone 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: Parcel: 146933400039 across County Road 19 to the West was recently rezoned to C-3 Parcel: 146934300009 to the Southeast is a self storage facility (Fortress Self Storage) The Parcel Southwest in Adams County has a large oil and gas operation Parcel: 146933400033 is adjacent to the North -Northeast portion of the property. It appears to be currently used as a personal storage yard and building Parcel: 146933400044 is west of the site and is currently a residence with a large commercial horse boarding and training facility. Parcel :146934000014 is north of the site and is currently a residence that appears to be using the northern portion of their site for vehicle and equipment storage Current and proposed use of the property is consistent with the surrounding area and the Weld County Comprehensive Plan. 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 there are no soil conditions that limit the proposed use (attached Soils Report). A Subsurface Investigation is enclosed:. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. Response: The property is located within the Weld County Opportunity zone and the existing use is compatible with the C-3 zoning Code. See figure 1 below Fig 1. Weld County Comprehensive Plan 8. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. Response: Surrounding properties: Parcel: 146934300009 south of this property is an existing self storage facility. Parcel: 146933400039 northwest corner of CR 19 and CR 2 was recently rezoned to C-3 Parcel: 146933400033 is being used for outdoor and indoor storage. Parcel: 146933400044 west is a commercial horse boarding and training facility. Less than .2 miles away, on the south side or CR 2 there is a large oil and gas operation. This property does not fall into any coordinated planning agreements. 9. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. Response: This proposal is not expected to have negative impacts on the health or safety of inhabitants. Todd creek is developing on the south side of 168th and this area is expected to be a commercial corridor to serve the Todd creek area. We believe this COZ will have a positive impact on the community by providing local commercial services to the surrounding area. 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 existing CPAs and is within the Weld County Opportunity zone. It is not located in the FEMA Flood Hazard Area. CHANGE OF ZONE (COZ) DEVELOPMENT REVIEW QUESTIONNAIRE 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: Property currently has an existing commercial access off of CR 2. The access is approximately 1,000 ft east of the CR 2 and CR 19 intersection. There is an additional access for oil and gas through the property approximately 660' to the east of the existing commercial access. 2. Describe any anticipated change(s) to an existing access, if applicable. Response: No changes to existing access at this time. 3. Describe in detail any existing or proposed access gate including its location. Response: No access gate at this time and none proposed. There is a gated section around the self storage unit but the access itself is not gated. 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: Below is a map showing existing accesses for adjacent parcels. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. Response: There are no known difficulties seeing oncoming traffic from the existing accesses off of County Road 2 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: There are no horizontal curves in the vicinity of the existing accesses 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: Topography in the vicinity of the existing accesses on County Road 2 is flat CHANGE OF ZONE (COZ) ENVIRONMENTAL HEALTH QUESTIONNAIRE 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: Water tap from Todd Creek Metropolitan District. 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: There is no existing sewage disposal system at this time. Todd Creek does not have a sewer line in close proximity at this time (there is a proposed sewer line planned 2-4 years from now to come in along the north side of county road 2). If needed, septic will be installed. September 29, 2023 EARTH ENGINEERING CONSULTANTS, LLC KW Commercial 11052 Cimarron Street, Unit E Firestone, Colorado 80504 Attn: Mr. Bob Demaree (bob.demaree@kw.com) Re: Preliminary Review of Subsurface Conditions Northeast Corner of County Road 2 and County Road 19 Brighton, Weld County, Colorado EEC Project No. 1232078 Mr. Demaree: 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 (NRCS) 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 referenced property is located in the Southwest 1A of the Southwest 1/4 of Section 34, T 1N, R67W of the 6th Principal Meridian, northeast of the intersection of CR 2 and CR 19, in Brighton, Weld County, Colorado. The development property is approximately 60 acres. Site drainage is generally from southwest to northeast. Total elevation change across the site is on the order of approximately 50 feet. A diagram indicating the approximate location of the development is included with this report. Review of soil classification mapping (Natural Resources Conservation Service, 2023) suggests the near surface subgrades within the development area likely consist mostly of Nunn loam (Map Unit Symbol 40) with minor areas of Ulm clay loam (Map Unit Symbol 67) and Wiley -Colby complex (Map Unit Symbol 82). According to the geologic mapping of the area (Colton, 1978), those near surface soils are likely an eolium deposit, a wind deposited sediment of sand, silt, and clay. The near surface soils are likely underlain by bedrock consisting of Denver and Araphoe Formations (Tweto, 1979) which consists of sandstone, mudstone, and claystone with local coal 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 545-3908 FAX (970) 663-0282 www. earth -engineering .com Earth Engineering Consultants, LLC EEC Project No. 1232078 September 29, 2023 Page 2 beds. Groundwater depths are suggested at depths ranging from 0 to greater than 80 inches below ground surface. The referenced soil maps and associated map unit descriptions are attached with this report under separate cover. Based on our review of the site as outlined above, we anticipate the near surface soil could be used for support of lightly loaded improvements. More heavily loaded structures may require deep foundations. The near surface soil could exhibit a potential for volume changes; as such, ground improvements may be necessary (such as over excavation and replacement). The evaluation for this report was based on a review of readily available information for the property and/or prior experience in the general area. A geotechnical subsurface exploration is recommended to accurately assess the soil conditions at this site for design of the site improvements. 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 Consultants, LLC Reviewed by: Zoe Goreski Project Manager Ethan P. Wiechert, P.E. Senior Project Engineer Earth Engineering Consultants, LLC EEC Project No. 1232078 September 29, 2023 Page 3 References Colton, R. B. (1978). Geologic map of the Boulder -Fort Collins -Greeley area, Front Range Urban Corridor, Colorado. Retrieved by NGMDB Product Description Page (usgs.gov) Natural Resources Conservation Service. (2023). Custom Soil Resource Report for Weld County, Colorado Southern Part. Tweto, O. (1979). Geologic Map of Colorado. Retrieved from NGMDB Product Description Page (usgs.gov) I !! LL+1� tit\ �''!.4".''y'Sl%1'S\ rig titou _ utdoor Storage etJodidi Creek tit'''s' . . . "titi ,witi a ` fit S . 1 1 °0.4,14 Bela 4 i AcNk t, Figure 1: County Road 2 and County Road 19 - Site Location Weld County, Colorado EEC Project #: 1232078 Date: September 2023 USDA United States Department of Agriculture 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 September 21, 2023 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 40 Nunn loam, 1 to 3 percent slopes 13 67 Ulm clay loam, 3 to 5 percent slopes 14 82 —Wiley -Colby complex, 1 to 3 percent slopes 15 85 Water 17 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 44,,a1/21rta1/4,4:*:\t,g4Z**t 400 49 I eS ONeVIV 1)/ +a il'► b 'COS tt Vite • -44 ate. 'sass 41 b41r4i 4w ► % ,,,%•47 se _ �►°, 4 c tt AN. kat";%41%%%41,V4:44t4a,‘"? insto,"AeN,:s% %A:4N\ dr. 0'vaV %i' ;1r % .7ek%FANi" 1. kirk% t 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 21, Sep 1, 2022 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 40 Nunn slopes loam, 1 to 3 percent 51.5 86.6% 67 Ulm slopes clay loam, 3 to 5 percent 1.6 2.8% 82 Wiley -Colby complex, percent slopes 1 to 3 1.1 1.8% 85 Water 5.3 8.8% Totals for Area of Interest 59.5 100.0% 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 40 Nunn loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2t1n2 Elevation: 3,900 to 6,250 feet Mean annual precipitation: 13 to 16 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 6 inches: loam Btl - 6 to 10 inches: clay loam Bt2 - 10 to 26 inches: clay loam Btk - 26 to 31 inches: clay loam Bk1 - 31 to 47 inches: loam Bk2 - 47 to 80 inches: loam Properties and qualities Slope: 1 to 3 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 low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 7 percent Maximum salinity: Nonsaline (0.1 to 1.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water supply, 0 to 60 inches: High (about 9.2 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (non irrigated): 4e Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Custom Soil Resource Report Minor Components Wages Percent of map unit: 8 percent Landform: Terraces, alluvial fans Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Fort collins Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Haverson, very rarely flooded Percent of map unit: 2 percent Landform: Terraces, drainageways, alluvial fans Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site: R067BY036CO - Overflow Hydric soil rating: No 67 Ulm clay loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 363k Elevation: 5,070 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 105 to 120 days Farmland classification: Farmland of statewide importance Map Unit Composition Ulm and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ulm Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear 14 Custom Soil Resource Report Parent material: Alluvium and/or eolian deposits derived from shale Typical profile H1 - 0 to 5 inches: clay loam H2 - 5 to 17 inches: clay H3 - 17 to 60 inches: clay loam Properties and qualities Slope: 3 to 5 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 low to moderately high (0.06 to 0.20 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 very slightly saline (0.0 to 2.0 mmhos/cm) Available water supply, 0 to 60 inches: High (about 10.5 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Renohill Percent of map unit: 11 percent Hydric soil rating: No Heldt Percent of map unit: 4 percent Hydric soil rating: No 82 Wiley -Colby complex, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 3643 Elevation: 4,850 to 5,000 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 54 degrees F Frost -free period: 135 to 170 days Farmland classification: Prime farmland if irrigated Map Unit Composition Wiley and similar soils: 60 percent Colby and similar soils: 30 percent Custom Soil Resource Report Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wiley Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile H1 - 0 to 11 inches: silt loam H2 - II to 60 inches: silty clay loam H3 - 60 to 64 inches: silty clay 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 (0.60 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 very slightly saline (0.0 to 2.0 mmhos/cm) Available water supply, 0 to 60 inches: High (about 11.7 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (non irrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Description of Colby Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile H1 - 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 16 Custom Soil Resource Report 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 (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Heldt Percent of map unit: 4 percent Hydric soil rating: No Weld Percent of map unit: 4 percent Hydric soil rating: No Keith Percent of map unit: 2 percent Hydric soil rating: No 85 Water Map Unit Composition Water 95 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Minor Components Aquolls Percent of map unit: 5 percent Landform: Marshes Hydric soil rating: Yes 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 MEMORANDUM OF SURFACE DAMAGE AND RELEASE AGREEMENT Page 1 of 2 Seltzer 4-6-34 Alb 6412 MEMORANDUM OF SURFACE DAMAGE AND RELEASE AGREEMENT Pursuant to the terms of that certain unrecorded Surface Damage and Release Agreement dated effective the 22nd day of March, 2005 among the undersigned, and subject to the conditions set forth therein, EnCana Oil & Gas(USA) Inc. ("EnCana") with an address for business at 370 17th Street, Suite 1700, Denver, CO 80202, and Robert L. Seltzer Family Trust, (Owner) with an address at 33641 WCR 83 Briggsdale, CO 80611, agreed to the location of a Well and payment for damages to the surface of Land connected with the drilling, construction, completion, recompletion, reworking, re-entry, production, maintenance and operations of a Well and associated pipelines, tank batteries and other facilities or property of EnCana associated with the well and located on the following Land: Township 1 North, Range 67 West, Weld County, Colorado Section 34: NESW Seltzer 4-6-34 Well This Memorandum of Surface Damage and Release Agreement is executed by Owner and EnCana and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Agreement. A true and complete copy of the Agreement is available at the offices of EnCana to persons with an interest in the above -described land. In witness whereof this instrument is executed effective the 22nd day of March, 2005. ENCA gw7 GA (USA) INC. By; Byron R. Gale, Attorney -in -Fact OWNER: Robert L, Seltzer Family Trust ACKNOWLEDGEMENTS STATE OF COLORADO ) )ss CITY AND COUNTY OF DENVER ) On this 2-7'day of \hi N , 2005, before me personally appeared Byron R. Gale, known to me to be an Attorney -in - Fact of EnCana Oil & Gas(USA) Inc. and that he executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. 1111111111111111111111111111111111111111111111111111111 3300612 0710612005 04:46P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder http: //vw w. sanj uan. k 12. ut. us/servlet/webacc/kn4hvePechi9crcJudJGWAP/AREF/3? action... 6/6/2005 SKLD, Inc. FN SKL17054 WE 3300612-2005.001 MEMORANDUM OF SURFACE DAMAGE AND RELEASE AGREEMENT rage z oI z IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year first above written. My Commission Expires Notary Public: (SEAL) STATE OF €-ObOu ) ALAN D. WILD NOTARY PUBLIC STATE OF COLORADO My Commission Expires 211712007 )ss COUNTY OF WELD (\40af+ Lope. ) Sthof2005, before me personally appeared Ors thisday known to me to be the person who �$zcv �' - � �� an& 11� executed said instrument as his/her free and executed the within and foregoing instrument, and acknowledged that he/she voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 9.on.gxpirc . (SI Notary Public: } • 1111111 11111 11111 1111111 III iiiii 1111111111 11111 DII liii 3300612 07/0612005 04:46P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder http: I/wwvw. sanj uan. k 1 2. ut. uslservletf webaccf kn4hvePechi9crcJudlGWAPIAREF/3 ? action=... 6/6/2005 SKLD, Inc. FN SKL17054 WE 3300612-2005.002 3958639 Pages: 1 of 8 08/23/2013 11:55 AM R Fee:$46.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII kiratirLieltift'llik !SI pAmoiriunikAlliii till RIGHT-OF-WAY AGREEMENT THIS RIGHT-OF-WAY AGREEMENT (the "Agreement") is made this IfewSs day of 2013, from ROBERT L. SELTZER FAMILY TRUST whose address is: 33641 CR 3, Briggsdale CO 8061I (hereinafter, "Grantor"), to the TODD CREEK VILLAGE METROPOLITAN DISTRICT whose address is: 10450 E. 159th Ct. Brighton CO 80602 ("Grantee"). WITNESSETH: That, for and in consideration of the grant of certain tap credits and other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, and its directors, officers, agents, employees, designees, contractors, guests, invitees, successors and assigns and all those acting by or on behalf of it for the purposes set forth below, a perpetual, non-exclusive right-of-way (the "Right - of -Way") to construct, reconstruct, install, operate, maintain, repair, replace, remove and/or use water lines and facilities (the "Improvements") to, through, on, over and across, along, and in certain parcels of real property located as more particularly described and shown in Exhibit A-1 through A-2, attached hereto and incorporated herein by this reference (the area contained within the Right -of -Way being referred to herein as the "Premises"). TERMS OF RIGHT-OF-WAY A. USE OF RIGHT-OF-WAY BY GRANTEE. The Grantee shall have and exercise the right of ingress and egress in, to, through, over, under and across the Premises for any purpose necessary for the construction, reconstruction, installation, operation, maintenance, repair, replacement, removal and/or use of the Improvements, including the following listed rights: 1. Grantee's Use of Adjoining Premises. The Grantee shall have the right, and upon reasonable notice to the Grantor, to use so much of the adjoining premises of the Grantor during surveying, construction, reconstruction, use, maintenance, repair, replacement and/or removal of the Improvements as may be reasonably required; provided, however, that such activities shall not interfere unreasonably with the Grantor's use and enjoyment of such adjoining premises, and that Grantee agrees to repair the adjoining premise to a condition as it existed prior to the Grantee's work. 2. Use of Premises. The use of the Premises by Grantee shall be regulated by all appropriate ordinances, regulations, resolutions and laws applicable to the Premises. The Right -of -Way shall be utilized by the Grantee in a manner which does not unreasonably impair the reasonable aesthetics of Premises. B. USE OF RIGHT-OF-WAY BY_. GRANTOR The Premises shall remain in the ownership of the Grantor and may be used by the Grantor for any and all purposes not inconsistent with the purposes set forth in this light -of -Way_ The use of the Premises by the Grantor shall be regulated by all appropriate ordinances, regulations, resolutions and laws applicable to the Premises. Raw" V) arctimiD l0+50 (5I1ck• 8r:ikkrva. 3V4O2—. SKLD, Inc. FN SKL17054 WE 3958639-2013.001 3958639 Pages: 2 of 8 08/23/2013 11:55 AM R Fee:$46.00 Steve Moreno, Clerk and Recorder, Weld County, CO III 11111 C. NO INTERFERENCE. No building, structure, landscaping or other above or below ground obstruction that may interfere with the purposes for which this Right -of -Way is being acquired may be placed, erected, installed or permitted upon the Premises without the prior approval of the Grantee, in its sole discretion. In the event the terms of this paragraph are violated, such violation shall immediately be eliminated upon receipt of written notice from the Grantee or the Grantee shall have the immediate right to correct or eliminate such violation at the sole expense of the Grantor, which shall promptly reimburse the Grantee for any expense related thereto. The Grantor shall not in any manner interfere with the purposes for which the Right -of - Way is conveyed. D. MAINTENANCE. The Grantee, or its designee, shall maintain all Improvements it or its designee installs on the Premises in good order, condition, and repair at the sole cost and expense of the Grantee. E. RESTORATION. The Grantee agrees that alter it has exercised its rights to use this Right -of -Way in any manner that disturbs the surface of the Premises, the Grantee will restore said surface to the condition in which it was in prior to the use of this Right -of -Way, except as the surface may be permanently modified by the use of this Right -of -Way, at its sole cost and expense. The Grantee, at its sole cost and expense, will promptly repair any damage to any portion of the Premises or any of the Grantor's permitted improvements, facilities, or structures, caused by the exercise of the Grantee of its rights under this Agreement. F. BENEFITS AND BURDENS. The benefits and burdens of this Agreement shall be binding upon and shall inure to the benefit of the Grantor, the Grantee and their respective heirs, assigns, successors and personal representatives. a RUNS WITH THE LAND. This Agreement shall run with the land. H. ABANDONMENT, In the event that any Improvements constructed upon the Right -of -Way are not used and maintained for a period of thirty-six (36) consecutive months following such construction, or if the Grantee ceases to function as a special district due to insolvency or any other reason, the Right -of -Way shall be considered abandoned at law and all rights held by the Grantee in the Right -of -Way shall automatically extinguish. I . RIGHT OF FIRST REFUSAL. Grantor is hereby provided a right of first refusal ("Right of First Refusal") to purchase the Right -of -Way in the event that Grantee undertakes to sell, transfer, assign or otherwise dispose of the Right -of -Way to a third party in accordance with a written offer or agreement ("Proposed Transfer"). In the event of a Proposed Transfer, the Grantee shall first be obligated to deliver written notice to the Grantor setting forth the material terms and conditions (including price and form of consideration) of the Proposed Transfer and the identity of the prospective transferee. The Grantor shall have thirty (30) days from the receipt of the notice to exercise its Right of First Refusal. If the Grantor does not elect to purchase the Right -of -Way within the thirty (30) day period described herein, the Grantee shall be free to accept the third -party offer and make the Proposed Transfer. J. INTEGRATION. The parties hereto agree that no party has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth SKLD, Inc. FN SKL17054 WE 3958639-2013.002 3958639 Pages: 3 of 8 08/23/2013 11:55 AM R Fee:$46.00 Steve Moreno, Clerk and Recorder, Weld County, CO iii r't!'i M4'�vI herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on any party, or its agents or employees, hereto. K. GRANTEE. The signatories hereto warrant that they have full and lawful authority to grant this Right -of -Way, and they promise and agree to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the land involved or Grantor's rights to grant this Right -of -Way. L. CONSTRUCTION. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. M. SUBJACENT AND LATERAL SUPPORT, The Grantor, Grantee, and their respective successors and assigns, shall not take any action which would impair the lateral or subjacent support of the other parties' improvements, facilities and/or structures. SKLD, Inc. FN SKL17054 WE 3958639-2013.003 3958639 Pages: 4 of 8 08/23/2013 11:55 AM R Fes:$48.00 Weld County, Co Steve Moreno, Clerk and Recorder, 'Ali 111111 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. By the signature of its representative below, each party affirms that it has taken all necessary action to authorize said representative to execute this Agreement. GRANTOR: ROBERT L. SELTZER FAMILY TRUST By: Jack Alden Seltzer As: Co -Trustee State of ` aprikok0 County of ha aANS ss. By: Timothy As: Co -Trustee bert Seltzer erri, foregoing instrument was acknowledged before - �� is / "' day of Ler4 , 2013, by eta; ynosi as Cot �sMid— _.. of the Robert L. Seltzer Family Trust. Witness my hand and official seal. JIMMY L. OGE NOTARY PUBUC STATE OF COLORADO NOTARY ID 20094012558 MY CC IMISSI0N EXPIRES APRIL 21, 2017 Notary Public My commission expires: C' o')ai )210r SKLD, Inc. FN SKL17054 WE 3958639-2013.004 3958639 Pages: 5 of 8 08/23/2013 11:55 AM R Fee:$46.00 Steve Moreno, Clerk and Recorder: Weld County, CO liii Pgitil WW1, likkake firlaitihrtiiiih .1111 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. By the signature of its representative below, each party affirms that it has taken all necessary action to authorize said representative to execute this Agreement. GRANTOR: ROBERT L. SELTZER FAMILY TRUST State of C.- al ae,l? 0 County of AA OAS ss. As: Co -Trustee By: Tune Robert Seltzer ,as: -T 4k e foregoing instalment was ackn edged befgreinte this 1 day o 2013,b '' Robert L. Seltzer Family Trust. Witness my hand and official seal. JIMMY 1. OGE NOTARY PUBLIC STATE OF COLORADO NOTARY ID MY COMMISSION EXPIRES A 1 2017 - of the Notary Pu i lic My commission expires: di/2(J2c3iTJ SKLD, Inc. FN SKL17054 WE 3958639-2013.005 3958639 Pages: 6 of 8 08/23/2013 11:55 AM R Fee:$46.00 Steve Moreno, Clerk and Recorder, 1111 �f�A IC WeId County , CO aiti j h'! 116,11.V1 FEitifiCAP GRANTEE: TODD CREEK VILLAGE METROPOLITAN DISTRICT State of e O1Oroac) County of P&towv\S ss. } T e foregoing instrument was achrtivledged before me on this 2013 by __g4. sty- !4ollarck aati as 4104 of TODD CREEK VILLAGE M ROPOLITAN DISTRICT. Witness my hand and official seal. Notary Public My commission expires: CH )q4h day of 2.0 vo SKLD, Inc. FN SKL17054 WE 3958639-2013.006 3958639 Pages: 7 of 8 08/23/2013 11:55 AM R Fee:$46.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII MJi1?J1 WM!� Eoitcrr A-1 LEQ&LOISCRejlat A 25.00 FOOT WIDE PARCEL OF LAND LOCATED IN A PORTION OF THE SOUTHWEST 1/4 OF SECTION 34, TD1M+iS IP 1 NORM, RANGE 67 WEST, OF THE 61H PRINCIPAL MERIDIAN; COUNTY OF 11Y£LD. STATE OF COLORADO 14ORE PARTICULARLY DESCRIBED AS !FOLLOW & BASS OF 8EARINGS& THE TIDY LINE OF 714E SCOMV EST 1/4 CF SAID SECTION 34, BEARING NORTH OCr31`33' 'CST. CSOMMENONG AT THE SOUTHWEST COOED OF SAID SECTION 34; THENCE NORTH 00'31'33" WEST. AND ALONG ME WEST LJNE OF THE SOUTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 7000 FEET: THENCE NORTH 89'32.5r EAST MD PARALLEL. TO THE SOUTH LINE OF ME SOUTHWEST 1/4 SAID SECTION 34; A DISTANCE OF 40.00 FEET TO THE POINT OF 6EG NNIM 1HFNCE NORTH OCr3i'3r WEST, AND PARALLEL TO THE %%TEST LJNE OF THE SCJJTHV EST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,074.92 FEET TO A PONT; TRICE NORTH 89'33'27' EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH O 1,3* EAST AND PARALLEL TO ME WEST LINE CF THE SOUTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,074.92 FEET TO A POINT 70.00 FEET NORTH OF THE SOUTH UPE OF THE SOUTHWEST 1/4 OF SAID SECTION 34: THE SOUTH orate YIEST AND PARALLEL TO 'THE SOUTH LA4E OF SAD SECTION 34, A DISTANCE OF 25.00 FEET. TO TEE POINT OF BECOMING THE ABOVE BESCRIBED PARCEL CONTAINS 51,873.1 SQUARE FEET OR 1.2 ACRES WORE OR LESS. WEST 114 CORNER SECTION 34 TI imEST UNE OF nit stir 1/4 SECTION 4. Tis. Rely COUNTY ROAD 19 0 J l I 1 I I. I I I I I I I 34. TIK R67W SOUTHWEST 114 SECTION 34 TIN, RS7W seance essienaweetease T QF NO731.33"We. I II 9E� 7a.a'ZFIWEWtbU}1t ROAD #2 LINE TABLE HEARING sy t-M'.A Eat 1. MS SWIM WAS On NUM 'RE KIWYIT Cr A mien Intl amine MU OCRS NOT Z SOS ODIST OEIS MOt a rlICST I1 nQMWEXED 09141 A1Q11� 1Y TO SCI > it POUT OF camatiameir run OIL s is ttt 001124111$ IF* pas 4er SOUTIIWEST CORNER SOU1N LIME S01110CS'r 1/4 SECTION 34 TIN, RSTW ION 34. TIN. R67W BY: 0 50 100 SCALE: I i OQ' DATE PREPARED FC%t AND ON 804A15 Of NEW HORIZON SURVEY TLC A PORIOI C1 1t O IMO 34 Tit SCUM SW PAL WELD Mein. MusD* REASONS DAIS ( 8Y: f 03-12-13 RRt 1ST RES fialOk D3-.23-13 2 PREPARED FOR: 1000 CREEK VILLAGE METROPOUTAN DISTRICT JCS MAIM: 800-210-313 . , I :OF SKLD, Inc. FN SKL17054 WE 3958639-2013.007 3958639 Pages: 8 of 8 08/23/2013 11:55 AM R Fee:$46,00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII liedEPIMOralkiliNifilieFINWIlarlikg ' ��.1111 EKHI&rr ArL _LEGAL DESCRIPfM: A 25.00 FOOT WIDE PARCEL OF LAND LOCATED IN A PORTION OF THE SOUTH 1/2 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 MST, OF TIE 6TH PRINCIPAL MERIDIAN; COUNTY OF WELD, STALE OF COLORADO MORE PARTICULARLY DEED AS FOLLOWS: BASS OF BEARINGS: 'THE SOUTH UNE OF 7HE SOUTHWEST 1/4 CF SAID SECTION 34, BEARING NORTH &932'57" nst COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE NORTH 003i'33' WEST, AND ALONG THE WEST UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 70.00 FEET: THENCE NORTH 8932'`57" EAST AND BONG PARALLEL TO THE SOUTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 34; A DISTANCE OF 64.88 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 1'33` WEST, AND PARALLEL TO THE EST Lilt OF THE SDUTMEST 1/4 OF SECTION 34, A DISTANCE OF 25.00 FEET: THENCE NORTH SW32's7` EAST, AND PARALLEL TO NE SOUTH UNE OF mr SOUTHWEST 1/4 OF SAID SECTION 34. A DISTANCE OF 2,852.11 FEET TO A POINT ON THE NORTH —SOUTH CENTERLINE OF SAID SECTION 34; DICE NORTH 533'41' EAST AND PARALLEL TO THE SOUTH UNE OF THE SOUTHEAST 1/4 OP SAID SECTION 34, A DISTANCE OF 1.283.24 FEET TO A POINT 30.00 FEET WST OF THE EAST LINE OF THE KW 1/2 OF THE SOUTHEAST 1/4 OP SAID SECTION 34; 'THENCE SOUTH 00'43''17` EAST AND PARALLEL TO THE EAST LAME OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, A DISTANCE OF 25.00 FEET; THENCE SOUTH 8933'41 "VEST AND PARALLE. TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, A DISTANCE OF 1,293.38 FEET TO A POINT ON THE NORTH -SOUTH CENflINE OF SAID SECTION 34; TRICE SOUTH 89'3757" WEST AND PARALLEL TO THE SOUTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,511 FEET TO A POINT 64.88 FEET EAST OF THE WEST VIE OF THE SOUTHWEST 1/4 OF SAID SECTION 34; SAID POINT ALSO BEING THE POINT OF BEGINNING .! cpTHE ABOVE DESCRIBED PARCEL CONTAINS 96,885.5 SQUARE FEET OR 2.2 ACRES MORE OR LrSS. WELD COUNTY ROAD br I i be ■w SOUTHWEST 114, SOUTHEAST 1/4 SECTION 34 TIN. R67W 11 X44 I I. BASIS OF BEAR SOUTHWEST CORNER SECTION 34 T1N, R6IW Stwr OF CSAIONalatENT SOUTH UNE OF NE sK ,a WON* 34. 11H, st6T A!8 Store 11A5 FIEPAileD■1117 ZtE aim ci A MEW UI (1011101MIT IMID Oa NOT coliSlEINE IIILE 2,410. Off law fro ant us. no WNW lar CE Miens Sr Mae 3. PC DC oats RIOT poll$*NT A YpMMW1ED Sittitt. IT IS VOINDID ONLY 14 DEPICT 14c Onterial MOW R$_1I1qt. MINN KUIPSO NON FIC On) 50t-9116 j TAX ( 0Q I - SOUTHEAST 114, SOUTHEAST 114 SECTION 34 TIN, f71N In n4 SOON UNE OF THE sE SECTION 3*. TIN, R67Y1 SOUTH 1/4 CORNER OF 'SECTION 34 TIN, REMY LINE SCI TABLE IISTAICE aflIiii {� . ¢+,;� U urrar4it tits = . y rX t3�oUr .S filiTiarri Fallr � =.' �` '. 1 yF y a SOUTHEAST CORNER SECTION S4 T1 N. 0 50 100 SCALE: 1-1 00' BY: DAZE: _ PRtPAl tD FOR AND ON wow" OF NEW HORIZON SURVEY I.tt AP atOr1n t1/!&EnsU TOLaerie SAPk C. OMIT. =MOO DAM.: BYz 03--12-13- RRL 1 tST REVC4ON D3-25--13 PREPARED FOR: 1000 CREEK VILLAGE ME1ROPOUTAN DISTRICT 4 JOB MAIM $ -210-313 sat I or I SKLD, Inc. FN SKL17054 WE 3958639-2013.008 SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT (the "Agreement") is made and entered into this 31St day of January, 2014, (the "Effective Date") by and among K.P. Kauffman Company, Inc. ("Kauffman"), a California corporation, 1675 Broadway, Suite 2800, Denver, Colorado 80202, and the ROBERT L. SELTZER FAMILY TRUST, ("Seltzer"), by Jack Alden Seltzer as Co - Trustee with an address of 4638 N. Caughran Road, Camp Verde, Arizona 86322 and Timothy R. Seltzer as Co -Trustee with an address of 33641 WCR 83, Briggsdale, Colorado 80611. RECITALS A. Seltzer is the owner of the surface estate of a 233.266 ± acre tract of land of which is located in part of the SW/4 and the W/2SE/4 of Section 34, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado (the "Property"). The Property is more specifically described on Exhibit "A-1" attached hereto and made a part hereof. B. The mineral estate in and under the Property is presently subject to valid and subsisting oil and gas leases (the "Leases"), a portion of which leasehold interest is owned of record by Kauffman. The Leases are more specifically described on Exhibit "A-2" attached hereto and made a part hereof. C. Kauffman's leasehold rights include, among other things, the right of reasonable ingress and egress for the purposes of exploration, development, drilling, re -drilling, testing, completion, re -completion, re-entry, deepening, fracturing, re -fracturing, stimulation, reworking, production and maintenance operations associated with oil and gas wells and the associated pipelines and production facilities to be located on the Property. D. Kauffman currently operates the Burkhart #1 in the NW/4SE/4, the Seltzer #1-A in the NW/4SW/4 and the Burkhardt Seltzer #1 well in the SE/4SW/4, (collectively the "Wells") located on the Property, SW/4 and W/2SE/4 of Section 34, Township 1 North, Range 67 West of the 6th P.M., and their associated flow lines and production facilities located on the Property. Kauffman has the right to drill additional vertical, horizontal and/or directional wells on the Property in the future, as depicted on Exhibit B. E. Seltzer desires to have a Developer undertake certain development of the surface of the Property, including residential housing and a gas station. F. Developer shall be defined as those parties who will subdivide and develop the Property into residential housing and who acquires this Property as a whole undeveloped parcel for that purpose of surface development and who will develop the Property into a gas station facility. Within this Agreement, the Developer will be referred to as "Subsequent Developer". The Subsequent Developer shall have all the same rights and obligations as Seltzer as outlined in this Agreement. It is the intention of the parties that this Agreement includes certain rights, provisions and obligations conferred upon Seltzer and the Subsequent Developer, but not to their successors and assigns. These rights and obligations are specifically identified and limited within the Agreement as "Seltzer/Subsequent Developer" and are included in Section 1.1.a, 1.2, 1.5, 2, 3, 3.1, 3.3, 3.4, 4, 5, 6.1, 6.2, 8, and 18. 3995902 Pages: 1 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno. Clerk and Recorder, Weld County, CO ti 11111 SKLD, Inc. FN SKL17054 WE 3995902-2014.001 3995902 Pages: 2 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno, Clerk and Recorder: Weld County, CO G. Kauffman and Seltzer enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate of the Property, and to delineate the process by which the parties, the Subsequent Developer, and their successors and assigns shall comply with respect to the development of the two estates. NOW, THEREFORE, in consideration of the covenants set forth herein and the mutual benefits to be derived by the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: I. AREA RESERVED FOR OIL AND GAS OPERATIONS. 1.1. Oil and Gas Operations. Kauffman shall have the continued right to deepen, recomplete, fracture, re -fracture, stimulate and rework the Wells, and Seltzer agrees that Kauffman may continue to utilize the area depicted and/or described on Exhibit "B" attached hereto and made a part hereof as the "Operations Area(s)" for the wellsite, production facilities, pipelines and access roads for such operations. The Operations Area(s) shall be deemed to include the areas as follows: a. Operations Areas: The parties acknowledge that, as of the date of this Agreement, Kauffman has the right to drill one or more future horizontal well (s) at those locations depicted on Exhibit B hereto, as well as drill new vertical/directional wells offsetting the Existing Wells located in the NW/4SE/4, NW/4SW/4 and SE/4SW/4 (each new well shall hereinafter be referred to as a "New Well"). As of the date of this Agreement the "Existing wellsites" are the Burkhart #1 in the NW/4SE/4, the Seltzer #1-A in the NW/4SW/4 and the Burkhardt Seltzer #1 well in the SE/4SW/4, Section 34, T1N, N, R67W. The New Wells and Existing Wellsites shall be located in an "Operations Area" to be a rectangular area with the dimensions being 300 feet x 300 feet around each New Well and each Existing Wellsite, as depicted on Exhibit B hereto. The Parties agree that the area defined as the "Temporary Horizontal Operations Area" offsetting the Burkhardt Seltzer 41 well in the SE/4SW/4, as depicted on Exhibit B hereto, shall be the location of operations relating to the preparation, drilling and completion of horizontal wells and for the temporary location of production facilities for horizontal wells. The Temporary Horizontal Operations Area shall be a rectangular area with the dimensions being 200 feet x 300 feet, as depicted on Exhibit B. Seltzer/Subsequent Developer shall preserve the Temporary Horizontal Operations Area free and clear of permanent structures until Kauffman has completed drilling and completing all future permitted horizontal oil and gas wells within the below one (1) year timeframe. Except for portions of flowlines and pipeline easements, Kauffman may not locate wells or permanent production facilities within the Temporary Horizontal Operations Area without the permission and consent of Seltzer. Upon fifteen (15) days written notice, Kauffman may use the Temporary Horizontal Operations Area only for temporary uses related to the drilling, completion and maintenance (including refracturing operations) of horizontal wells and the temporary location of production facilities. All temporary activities shall take place within a one (1) year timeframe of the drilling, completion and maintenance activities. Any temporary facilities or equipment located within the Temporary Horizontal Operations Area must be fenced, and said fences must be properly maintained by Kauffman. Seltzer may use the Temporary Horizontal Operations Area for grazing, agricultural and recreational uses ("Allowed Uses") during those times when the area is not being used by Kauffman for oil and gas operations and the location of temporary facilities; 2 SKLD, Inc. FN SKL17054 WE 3995902-2014.002 provided, however, Kauffman shall in all events and at all times have priority in the use of the Temporary Horizontal Operations Area, and Seltzer shall discontinue all Allowed Uses upon fifteen (15) days written notice from Kauffman for the periods of time described in the notice, to be not more than one (1)year. Kauffman shall in no event be liable for damages caused in whole or in part by its oil and gas operations with respect to the Allowed Uses, except for those damages caused by gross negligence or willful misconduct of Kauffman. Kauffman shall not place any equipment or facilities outside of the Operations Area or the Temporary Horizontal Operations Area without the permission of Seltzer/Subsequent Developer. Kauffman shall not use the Temporary Horizontal Operations Area outside of the agreed upon timeframe set by this Agreement, unless granted an extension of time agreed to by the Parties. In the event horizontal wells are planned by Kauffman, Kauffman shall notify Seltzer/Subsequent Developer of the number of horizontal wells and directions of the horizontal wells to be located in the Operations Area prior to drilling. b. Kauffman shall be granted the option to request an extension beyond the one (1) year timefrarne on the Temporary Horizontal Operations Area in the event they elect to re - fracture one or more horizontal wellbores, and provided the land within the Temporary Horizontal Operations Area is available for use. If the land within the Temporary Horizontal Operations Area has been developed by Seltzer/Subsequent Developer after the one (1) year timeframe and is unavailable for Kauffman's use, the option shall be terminated. If the Temporary Horizontal Operations Area is available, in the event Kauffman elects to extend the one (1) year timeframe, the Parties shall negotiate additional surface damages for the expanded use under an amendment to this Agreement, executed prior to any additional use by KP Kauffman of the Temporary Horizontal Operations Area. c. Production Facilities Operations Area(s): The parties agree that the Operations Area surrounding the Production Facilities (including tanks and separators) depicted on Exhibit B hereto shall be an area with dimensions of 150 feet x 150 feet ("Production Facilities Operations Area"). Pursuant to Section 2 of this Agreement, there shall be a fence around the production facilities which shall delineate the Production Facilities Operations Area(s). At its discretion, Kauffman may fence each separate piece of production facility equipment, instead of the entire perimeter of the Production Facility. In this event, the non fenced area between each of the fenced facility pieces of equipment shall be deemed as part of the Production Facilities Operations Area(s). Within the Production Facilities Operations Area(s), there will be no use of the lands of any kind by Seltzer or any of its successors in interest, without the prior written consent of Kauffman. Within the Production Facilities Operations Areas, Kauffman shall place each separate piece of production equipment as close as possible, maintaining a maximum distance of seventy- five (75) feet between each piece of production facility equipment. In the event that Kauffman is required under COGCC Rule 604, to maintain a distance of more than seventy-five (75) feet between each piece of equipment, Kauffman shall be allowed to change the seventy-five (75) foot maximum setback in this Agreement to the specific footage as designated in said Rule 604. On the sides of the facility equipment that comprise the outside parameters of various pieces of equipment of that Production Facility, Kauffman shall locate the fence a maximum of five (5) feet from the outside of the berm. The berm will be located as close as possible to the production facilities while still in compliance with Rule 604. For the specific production facility equipment that does not require a berm under Rule 604, Kauffman shall locate the fence a 3995902 Pages: 3 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno. Clerk and Recorder, Weld County: CO le Pita liniaElltIFkIIEkcI1Wjall 11 II 1 SKLD, Inc. FN SKL17054 WE 3995902-2014.003 maximum of ten (10) feet from the facility equipment sides which comprise the outside parameters. d. Use of Operations Areas. Seltzer, its successors and assigns shall place no occupied buildings, fences other than those described in Section 1.1.c and Section 2, structures, roadways, or similar permanent improvements within one hundred and fifty (150) feet from the center of a wellbore in any Operations Area and within two hundred (200) feet from any piece of production equipment within a Production Facilities Operations Area, with the exception of those Limited Improvements set forth in Section 1.4 below. The Production Facilities Operations Area(s) shall be reserved and utilized for the exclusive purpose for operations by Kauffman. The Operations Areas) for New Well. Existing Wellsites, and the Temporary Horizontal Operations Area shall be reserved and utilized for the purpose of any and all oil and gas operations by Kauffman, including, but not limited to, drilling and production activities, workovers, well deepenings, recompletions, fracturing, drilling of replacement wells, and re - fracturing, among other things. The limited use of the New Well, Existing Wellsite, and Temporary Horizontal Operations Areas by Seltzer/Subsequent Developer may be allowed as set forth in Section 1.4 below. Seltzer shall not grant any future easements within the New Well, Existing Wellsite, Temporary Horizontal, and Production Facilities Operations Areas unless Kauffman consents in writing. e. Access Roads. The access roads to Operations Areas shall be as provided in Section 6. Kauffman shall have the continued right to utilize the roads as provided in Section 6. 1.2 Pipeline Right -of -Way. Seltzer agrees that Kauffman may continue to construct, operate and maintain pipelines on the Property, in the areas depicted and/or described on Exhibit "B" as the "Pipeline Rights -of -Way". Seltzer hereby grants Kauffman a right to use the Pipeline Rights -of -Way, which shall be areas of filly (50) feet in width during construction of any new line(s) and twenty five (25) feet in width for all operations, maintenance and transportation activities of the lines. 1.3 Limitation on Use of the Property. Except for the Operations Area(s) as provided in Section 1.1, Pipeline Rights -of -Way as provided in Section 1.2, and access as provided in Section 6, Kauffman shall not use or occupy any part of the surface of the Property except in the event of an emergency or for reasonably necessary incidental and temporary activities, provided, however, any incidental or temporary use shall require the prior consent of Seltzer, such consent not to be unreasonably withheld. As part of the consideration for this limitation by Kauffman, of what would otherwise be the right to make reasonable use of any part of the Property in the conduct of their operations, and without limiting the applicability of Sections 12 and 13 below, Kauffman shall not be obligated to pay, and Seltzer hereby waives any right to receive, any surface damage payments, license or use fees, now or in the future, associated with the operations of Kauffman within the Operations Area(s). Notwithstanding the foregoing, Kauffman shall continue to be liable for damages to persons or damage to property as set forth in Sections 1.1 and 1.6, Section 12 below, and this Section 1.3 shall not be deemed to be a limitation of such liability other than for surface damages ordinarily paid for crop damages. 1.4 Limited Improvements: Within the New Well, Existing Wellsite and Temporary Horizontal Operations Areas and within the Pipeline Rights -of -Way, Seltzer/Subsequent Developer shall be allowed to place and designate property and boundary lines, and open spaces with no minimum setbacks. In addition, Seltzer shall be allowed to place leach fields, 3995902 Pages: 4 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno. Clerk and Recorder, Weld County, CO AliirdllitligliMikeigglikiliakegallilli 4r: 111 SKLD, Inc. FN SKL17054 WE 3995902-2014.004 landscaping, and watering systems ("Limited Improvements") within the Operations Areas, with the following limitations: These Limited Improvements within the Operations Areas must be located a minimum of 112.5 feet from the new wellsite, and must be located only on one side of the new wellsite. This one side shall be an area of a maximum of one half of a circle with a radius of three hundred (300) feet around the new wellsite location. These Limited Improvements of Seltzer and Seltzer/Subsequent Developer shall be at their own expense and risk, acknowledging that Kauffman's normal operations may from time to time disturb or destroy said allowances. Seltzer and Seltzer/Subsequent Developer hereby agrees to install and maintain said allowances in such a way as to not violate the COGCC regulations or impede Kauffman's access and/or operations. Seltzer and Seltzer/Subsequent Developer hereby accept all responsibility for the cost of installation, repair and/or replacement of said allowances within the Pipeline Rights -of -Way and Operations Areas and Kauffman shall not be responsible for damage to said allowances resulting from its future access or operations. Prior to commencing installation of the allowances, Seltzer and Seltzer/Subsequent Developer shall consult with Kauffman, to ensure that there are no adverse impacts upon Kauffman's ability to perform future operations. Kauffman shall not be liable for damage to or replacement of any such allowances. Seltzer, its successors and assigns do hereby indemnify Kauffman for damages and replacement costs of any of these allowances within any of the Operations Areas. 1.5. Only with prior written consent from Kauffman, shall Seltzer have the right to construct or allow the construction of dwellings or structures that contain an underground ignition source within seventy-five (75) feet on either side of Kauffman's pipeline located within the Pipeline Rights -of -Way except at those locations where the pipeline is to be sleeved. At the locations where the pipeline is sleeved, without the prior written consent from Kauffman, Seltzer shall not construct or allow the construction of dwellings or structures that contain an underground ignition source within fifteen (15) feet on either side of Kauffman's pipeline located within the Pipeline Rights -of -Way. 1.6 Waiver of Certain Requirements. So long as Kauffman's operations have not substantially breached any material terms of this Agreement, Seltzer waives all setback requirements in COGCC Rule 604, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are, or become inconsistent with this Agreement or that would prohibit or interfere with the rights of Kauffman to explore for and produce the oil and gas in accordance with this Agreement. So long as Kauffman has not substantially breached this Agreement, Seltzer agrees that it will not object in any forum to the use by Kauffman of the surface of the Property consistent with this Agreement and that it will also provide Kauffman with whatever support in writing they may reasonably require to obtain permits from the COGCC or any local jurisdiction. For the operations contemplated by this Agreement, Seltzer hereby specifically waives the high density setback distances in the COGCC rules and regulations and any applicable local jurisdiction. Kauffman may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction over oil and gas operations. 2. PRODUCTION FACILITIES. Kauffman operates tanks, separators or other production facilities located on the Property within the Operations Area(s) as described in 3995902 Pages: 5 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno Clerk and Recorder, Weld County, CO �m 1JPi'I7'PIMI6) SKLD, Inc. FN SKL17054 WE 3995902-2014.005 Section 1.1 above. Kauffman shall have the right to expand its facilities within the agreed upon confines of the Operations Areas as needed to accommodate future wells. Except as provided for herein, without the prior written consent of Seltzer, Kauffman shall not locate additional facilities on the Property in the future. Kauffman shall install and maintain fences, gates and locks reasonably necessary for the security of the existing wells and/or existing production facilities in the Operations Area. Such fences, gates and locks shall be installed at the expense of Seltzer/Subsequent Developer and maintained at the expense of Kauffman and shall be of a type and quality agreed upon between Seltzer/Subsequent Developer and Kauffman. All gates must be closed and locked at all times. If Kauffman drills new wells in the Operations Areas after approval of the final plat by Weld County Commissioners, then the fencing costs shall be borne entirely by Kauffman. 3. CONSTRUCTION AND REMOVAL Seltzer/Subsequent Developer may request relocation or removal of certain pipelines and other production facilities in the future. Kauffman agrees to relocate the production facilities to a location mutually acceptable to Kauffman and Seltzer/Subsequent Developer. Kauffman shall install the relocated pipelines from the wells to the intersection of that portion of pipeline that is not to be relocated within the Pipeline Right -of - Way and cleaniflush the abandoned segments of the pipeline, at the sole cost and expense of Seltzer/Subsequent Developer. Kauffman must provide written, signed notice to Seltzer/Subsequent Developer of the work completed on the abandoned segments of pipeline. The pipeline will be constructed with casing sleeves and risers, all in accordance with the following terms and conditions: 3.1 Construction of Pipeline. In the event Seltzer/Subsequent Developer desires that Kauffman relocate pipelines in the future, Seltzer/Subsequent Developer shall submit a scaled plat to Kauffman indicating the exact location of pipelines to be relocated and abandoned as set forth in Section 5. Seltzer/Subsequent Developer shall complete the field staking for the installation of the new pipeline alignment and its required depth as provided below after giving written notice to Kauffman. The field staking will consist of a marker every thirty (30) feet, marking the desired depth of the pipeline, and the beginning and ending locations of portions of the pipeline. Casing sleeves shall be installed as identified on the scaled plat. The sleeved segments of the pipeline shall have casing risers at each end of the sleeved segments and the field staking shall identify the location of casing risers and the beginning and ending of each sleeve. Within ninety (90) days following the completion of the field staking of the pipeline location, or at a reasonable time as agreed upon by Kauffman and Seltzer/Subsequent Developer, Kauffman will complete the construction of the pipeline along the routes staked in the field and identified by Seltzer/Subsequent Developer on the scaled plat. The pipeline shall be buried to a depth sufficient to result in forty-eight (48) inches below the proposed finished grade of the surface. In no event shall Kauffman be required to install pipelines at a depth exceeding six (6) feet below the grade existing at the time of installation. If pipelines are moved to locations different than those depicted on Exhibit "B", Seltzer/Subsequent Developer shall survey the new locations and revise Exhibit B accordingly. 3.2 Plugging and Abandonment of AbandonedPipeline. In the event Kauffman desires to relocate pipelines, on the completion of construction of the new pipeline, Kauffman will clean/flush that portion of the pipeline that was abandoned and must provide a written, signed notice of the plugging and abandonment of the abandoned pipeline and additional work performed, including cleaning and flushing the pipeline. 3995902 Pages: 6 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno. Clerk and Recorder: Weld County, CO III tordrrviMi l lt4CMJ i !r'r it k� � � �I��'�,r k�J�Yi�h 11111 SKLD, Inc. FN SKL17054 WE 3995902-2014.006 3995902 Pages: 7 of 17 02/12/2014 02:59 PM R Fee:$91.00 $ , 00 Steve Moreno, Clerk and Recorder, Weld County, CO BOPIJFIIIPLatiterilliWillniihnialr TIM 11111 3.3 Line Crossings. If the surface development of the Property requires the crossing of Kauffman's relocated pipeline (within five (5) feet of a location that is not sleeved or two (2) feet of a location that is sleeved) by a sewer line, water line or other utility ("Line Crossing"), Seltzer/Subsequent Developer shall notify Kauffman (a) of the date and time of the Line Crossing (the "Commencement Time"), and (b) when the Line Crossing has been completed (the "Completion Time"). If in response to Seltzer/Subsequent Developer's notification, Kauffman suspends production through the pipeline, then Seltzer/Subsequent Developer shall pay Kauffman for each calendar day or part thereof, beginning forty-eight hours after the Commencement Time until the Completion Time. The payment shall be the sum of three hundred and fifty dollars ($350.00) per well per day calculated. Such payments shall be the agreed amount to compensate Kauffman for its response and any lost or delayed production, and shall be made to Kauffman within thirty (30) days of receipt of an invoice from Kauffman. In the event that Seltzer/Subsequent Developer notifies Kauffman more than once in any fourteen (14) day period, subsequent notices will be charged the full lost or delayed production rate as of the commencement time for said initial notice. Seltzer/Subsequent Developer shall maintain a distance of a minimum two (2) feet above or below the pipeline at any such crossings. Any Line Crossing requested by Seltzer must be made at an angle of not less than 60° and not more than 90° from Kauffman's lines. In no event shall any utility run parallel above Kauffman's lines. Kauffman requires that all subsurface utilities be not less than twenty four (24) inches below Kauffman's lines. Overburden above Kauffran's lines shall not exceed seventy two (72) inches. a. Kauffman shall determine the locations of its pipelines, at its own expense, and shall provide maps and descriptions of those locations to Seltzer/Subsequent Developer for reference. 4. CONSTRUCTION COORDINATION. Upon commencement by Kauffman of the construction operations pursuant to Sections 2 and 3 above, Seltzer/Subsequent Developer shall cease those operations on the Property that would unreasonably interfere with Kauffman's obligations pursuant to this Agreement. To the extent that Seltzer/Subsequent Developer's operations delay Kauffman's operations or upon the occurrence of an event of force majeure, Kauffman will not be subject to the performance time frames set forth in Sections 3 and 5. 5. CONSTRUCTION AND RELOCATION COSTS, Should Seltzer/Subsequent Developer desire that Kauffman relocate production facilities and/or pipelines, including those facilities referred to in Section 3.1, Seltzer/Subsequent Developer shall submit a scaled plat identifying the production facilities and pipelines to be relocated (the "Relocation Cost Request"). Within thirty (30) days from receipt thereof, Kauffman shall submit to Seltzer/Subsequent Developer an estimate of the cost to relocate the facilities and pipelines ("Relocation Costs"). Thirty (30) days prior to the date Seltzer/Subsequent Developer requires Kauffman to commence relocation operations, Seltzer/Subsequent Developer shall submit written notice and pay to Kauffman the Relocation Costs. Kauffman shall complete construction within ninety (90) days from the date the Relocation Costs are paid and notice of staking as set forth in Section 3.1 has been received, whichever is the later, or at a reasonable time as agreed upon by both Kauffman and Seltzer/Subsequent Developer. The estimate of Relocation Costs shall expire one hundred twenty (120) days from the date of submitting the Relocation Cost Request. If Seltzer/Subsequent Developer desires at a subsequent date to request relocation of production facilities and pipelines, Seltzer/Subsequent Developer shall resubmit a Relocation 7 SKLD, Inc. FN SKL17054 WE 3995902-2014.007 Cost Request. Kauffman will prepare and submit a revised estimate of Relocation Costs. Seltzer/Subsequent Developer shall then pay the revised amount. 6. ACCESS, 6.1. Present Lease Roads. The parties understand and agree that Kauffman now has adequate lease road or roads across the Property for access to each Operations Area ("Lease Roads"). Such Lease Roads shall be maintained by Kauffman at Kauffman's sole expense. Seltzer reserves the right to use such Lease Roads, provided such use does not interfere with Kauffman's use of the Lease Roads. Kauffman must use the Lease Roads and may not stray from those Lease Roads. In the event Kauffman strays from the Lease Roads, Kauffman shall pay for damages associated with their encroachment upon the Property. In the event Kauffman wishes to relocate a portion or all Lease Roads, Kauffman must receive the prior written consent of Seltzer and Kauffman shall pay all costs associated with such relocation. At the request of Subsequent Developer, Kauffman shall relocate at Subsequent Developer's expense a portion of or all Lease Roads in accordance with this Agreement, provided that the relocation of such Lease Roads will not prevent Kauffman's access to the Operations Areas or Production Facilities Operations Areas. Seltzer hereby grants Kauffman a non-exclusive right-of-way to use such relocated Lease Roads. The Parties agree that Kauffman's Lease Roads shall be located as depicted on Exhibit B and designated as Access. 6.2. Access for Kauffman. Regardless of the type of Access to be used or its stage of construction, Seltzer/Subsequent Developer will always provide Kauffman with reasonable, unobstructed access to Kauffman's Operations Areas and Production Facilities Operations Areas. 6.3. If Seltzer/Subsequent Developer removes any Lease Road or portion of a Lease Road on the Property, then Seltzer/Subsequent Developer will provide adequate alternate access to the Operations Area(s) and Production Facilities Operations Areas, although the location of that access may vary from time to time in accordance with the needs and progress of such surface development. 6.4 Seltzer/Subsequent Developer may in the future construct paved roads, reinforced curbs, reinforced gutters and reinforced sidewalks on the Property, which shall accommodate Kauffman's access to the Operations Areas and Pipeline Rights -of -Way and shall provide curb cuts at all "Access Points". The curb cuts at the Access Points shall be at least 30 feet wide. The paved roads leading to the Access Points, and the curbs, gutters and sidewalks at the Access Points shall be reinforced to accommodate a gross vehicle weight of at least 28,000 pounds per axle. Within thirty (30) days following completion of the pipeline relocation or paved road construction, or removal of existing Lease Roads, whichever is the first to occur, Seltzer/Subsequent Developer will construct access roads from the Access Points to the existing wellsites, with a width of 15 feet, provide a 6 inch aggregate base course and turn such roads over to Kauffman for their further maintenance. Kauffman will construct all access roads from the Access Points to new wellsites that are not in existence as of the date of this Agreement. 7. NOTICE OF FUTURE OPERATIONS. Kauffman shall provide at least fifteen (15) days prior written notice to Seltzer, its successors and assigns in advance of any operations other than the drilling of the new wellsites, within the Operations Area(s) in connection with the reworking, fracturing, deepening or other unusual or other than routine operations on the Existing wellsites; provided, however, that Kauffman shall have immediate access in the event 3995902 Pages: 8 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno, Clerk and Recorder, Weld County, CO IiiratlEphillagrAl l61I1!iIJ #1611IIIIIiWilfelLiNuild III lii SKLD, Inc. FN SKL17054 WE 3995902-2014.008 of an emergency. Kauffman shall provide at least thirty (30) days written notice to Seltzer, its successors and assigns for the drilling of the New Wells. 8. NOTICES TO HOMEOWNERS AND BUILDERS. Seltzer/Subsequent Developer shall record a plat or map in the form of Exhibit B showing the Operations Area(s), Wells and Pipeline Rights -of -Way in the real property records of Weld County, Colorado. In addition, Seltzer/Subsequent Developer shall furnish to all builders, homeowners, buyers of the Property, current tenant farmers and lessees a "Notice of Oil and Gas Operations" that conspicuously states that: i. there will be ongoing oil and gas operations and production within the Operations Areas, Production Facilities Operations Areas and Pipeline Rights -of -Way on the surface of the Property; ii. there are likely to be additional New Wells drilled within the Operations Areas on the Property and further oil and gas operations and production from the Operations Areas and within the Production Facilities Operatios Areas that affect the surface of the Property; iii. heavy equipment may be used by Kauffman from time to time for oil and gas operations, and such operations may be conducted on a 24 -hour basis; and iv. purchasers of all or a portion of the Property, as successors in interest to the surface rights of Seltzer, will be acquiring a proportionate interest in some of Seltzer's rights and obligations under this Agreement, and will be subject to those obligations contained therein, and subject to the waivers and setback requirements as specified in the Agreement. 9. FUTURE OPERATIONS. Kauffman shall make all reasonable efforts to pursue any drilling, re -drilling, reworking and/or recompletion operations in a diligent and prudent manner so as to minimize the total time period on location, to avoid rig relocations or startup delays during the course of drilling, and to attempt to minimize the amount of surface area actually used. Seltzer waives and shall not assert any right to require that wellhead or production equipment be located in conformance with setback requirements different from those agreed to in this Agreement (including but not limited to those concerning any "high density" rules of the COGCC). 10. GOVERNMENTAL PROCEEDINGS. 10.1 As long as Kauffman is in compliance with this Agreement, Seltzer shall not, directly or indirectly, oppose or encourage opposition to Kauffman in any agency, administrative or other governmental proceedings, including but not limited to the COGCC, Weld County or other governing body proceedings, related to the operations of Kauffman on the Property, including but not limited to drilling and production activities, workovers, well deepenings, recompletions, fracturing, replacement wells and re -fracturing, provided that the position of Kauffman in such proceedings is not materially inconsistent with this Agreement. 3995902 Pages: 9 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno. Clerk and Recorder, Weld County. CO III frrjp:'phu'dJ III SKLD, Inc. FN SKL17054 WE 3995902-2014.009 10,2 As long as Seltzer is in compliance with this Agreement, Kauffman shall not directly or indirectly oppose or encourage opposition to Seltzer in any agency, administrative, Weld County or other governing body proceedings, relating to Seltzer's operations on and development of the Property, including residential and associated development, provided that Seltzer's position in such proceedings is not materially inconsistent with this Agreement. 11. FORCE MAJEURE. In the event either party is rendered unable, by an event of Force Majeure (defined below) to perform, wholly or in part, any obligation set forth in this Agreement, other than the obligation to pay money, then the performance by the affected party will be suspended during the continuance of such event of Force Majeure. The party experiencing an event of Force Majeure will provide reasonable notice to the other party as soon as possible with all reasonable dispatch. As used herein, the term "Force Majeure" shall mean any act of God, acts of the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, severe weather, floods, washouts, arrests and restraints of the federal, state or local government, civil disturbances, explosions, breakage or accidents to machinery or lines of pipe, the binding order of any court or governmental authority which has been resisted in good faith by all reasonable legal means, delay in securing environmental approvals, the inability to obtain necessary supplies, material, equipment, machinery or labor and any other causes, whether of the kind herein enumerated or otherwise not within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. 12. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. 12.1. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT. 12.2 Each party shall be and remain responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation reasonable attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations, including each such parties' employees, agents, contractors, sub- contractors or other invitees on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims that arise from its negligence and intentional misconduct. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein. 13. EXCLUSION FROM INDEMNITIES, The indemnities of any party herein shall not cover or include any amounts, which the indemnified party may recoup from any third party, or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 14. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 12 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the 3995902 Pages: 10 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno Clerk and Recorder; Weld County: CO VIII hV�1R��NN{1i�'JPY�CFY�i4f14�WltrR�4 rRWJI�Ji�Ylv}� 11111 SKLD, Inc. FN SKL17054 WE 3995902-2014.010 Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within thirty (30) days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 15. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement and Seltzer specifically confirms their capacity to validly execute the rights -of -way provided for herein. Kauffman represents that it owns the oil and gas leasehold interest in the Leases as set forth in Recitals B and C. Kauffman does not represent and specifically asserts that it does not have the right to bind any other oil and gas interest owner or lessee for the Property. 16. SUCCESSORS. 16.1 For purposes of this Agreement, the identification of "Seltzer" includes all successors and assigns of Seltzer. The terms, rights and obligations that are limited to Seltzer and the Subsequent Developer shall be covenants appurtenant, which run with the land to the extent that they are binding only on the heirs, executors, administrators, successors, and assigns of the immediate parties. 16.2 Except for the specific rights and obligations conferred only upon Seltzer and the Subsequent Developer pursuant to the limitation by the identification of "Seltzer/Subsequent Developer", the remaining terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns. This Agreement and all of the covenants herein, with the exception of those terms and covenants identified in Section 16.1, shall be covenants running with the land. 17. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if in writing and deposited in the U.S. Mail, postage prepaid, with a copy sent via facsimile, or electronic means addressed to each of the following: If to K.P. Kauffman Company, Inc.: K.P. Kauffman Company, Inc. 1675 Broadway, Suite 2800 Denver, Colorado 80202 Attention: Land Department If to Seltzer Mr. Tim Seltzer, Co -Trustee Robert L. Seltzer Family Trust 33641 Weld County Road 83 Briggsdale, Colorado 80611 Mr. Jack Seltzer, Co -Trustee Robert L. Seltzer Family Trust 4638 N. Caughran Road Camp Verde, Arizona 86322 3995902 Pages: 11 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Morena. Clerk and Recorder, EirdilltRi We1d county, Co�� truilwitaLl111%11.114 11 SKLD, Inc. FN SKL17054 WE 3995902-2014.011 Any party may, by written notice so delivered to the other party, change the address, fax number or individual to which delivery shall thereafter be made. 18. RECORDING. A Memorandum of Surface Use Agreement, shall be promptly recorded in the Office of the Clerk and Recorder for Weld County by Seltzer/Subsequent Developer, and Seltzer/Subsequent Developer shall provide the other parties with a copy thereof showing the recording information as soon as practicable thereafter. 19. SURFACE USE AGREEMENT. In consideration of the parties' respective rights, obligations and benefits, as outlined herein, this Agreement shall constitute a surface use or surface damage agreement provided for under the COGCC's Rules and Regulations or under any oil and gas leases covering the Property. Seltzer expressly acknowledges that this Agreement satisfies the obligations and requirements of Kauffman pursuant to COGCC rules and regulations and Colorado statutes to consult in good faith with Seltzer regarding existing and proposed oil and gas operations on the Property. Seltzer further expressly acknowledges that this Agreement shall be deemed to be specifically applicable to, and to fully satisfy, the obligations of Kauffman to accommodate the use of the surface of the Property by Seltzer, existing and future, and Seltzer waives any statutory and common law claims to the contrary, including, but not limited to, any claims pursuant to C.R.S.§ 34-60-127. 20, APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the Parties regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 22. HEADINGS. The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. NON -WAIVER. Waiver by either party or of the failure of any party to insist upon the strict performance of any provision of this Agreement shall not constitute a waiver of the right or prevent any such party from requiring the strict performance of any provision in the future. 24. SEVERABILITY. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice a party in its rights and obligations contained in valid covenants, conditions or provisions. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 25. NO JOINT VENTURE. This Agreement is not intended to, nor shall it be interpreted to create a joint venture, partnership or any other relationship among the parties. 3995902 Pages: 12 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno: Clerk and Recorder, Weld County, CO rPt:ak' r'crrhi'iIiN++II SKLD, Inc. FN SKL17054 WE 3995902-2014.012 26. COUNTERPARTS. This Agreement may be executed by facsimile and in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument. 27. CONFIDENTIALITY. Seltzer agrees to keep confidential this Agreement and all negotiations leading up to or relating to this Agreement. Seltzer shall not copy or distribute this Agreement or disclose the substance hereof or the nature of such negotiations to others outside of Kauffman and Seltzer unless required to do so by law. Provided however, Seltzer may utilize this form of Agreement for an agreement with the leasehold owners of other formations in this Property. Additionally, Seltzer may disclose the terms of this Agreement to a Subsequent Developer pursuant to any negotiations/proceedings with that Subsequent Developer. Further, Seltzer agrees to provide a copy of this Agreement to the Subsequent Developer of the surface prior to the closing of any sale of the Property. Subsequent Developer must provide a copy of this Agreement to any other potential successor or assign of surface rights prior to the closing of any sale of all or any portion of the Property. 28. PRIOR AGREEMENTS. This Agreement replaces and supersedes all prior surface use and/or surface damage agreements covering the Property described herein. The parties have executed this Agreement as of the day and year first above written. THE ROBERT L. SELTZER FAMILY TRUST By: By: JackSeltzer, imothy R. ltzer, • ' rustee 3995902 Pages: 13 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno, Clerk and Recorder, Weld County: CO Date: Date: (67C Date: 'jP ar' a'1! ,!(I&ikViWi1!L'Ihi'1'&t 11111 13 03/4 //v SKLD, Inc. FN SKL17054 WE 3995902-2014.013 ACINNOWLEDGMENTS STATE OF COLORADO ss. CITY & COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 'day of a.� cc ' 2014, by Kevin P. Kauffman, Chairman and C.E.O. of K.P. Kauffman Company, Inc., a California corporation, on behalf of that corporation. Witness my hand and official seal. My Commission expires: -�.►- '`, '� L STATE OF cohmed) ss. COUNTY OF he foregoing instrument was acknowledged before me this day of 2014, by Jack Alden Seltzer, as Co -Trustee of the Robert L. Selt er Family Trust Witnes y hand and official seal. My Commission expires: .3/8 STATE OF COLORADO ss. COUNTY OF Dwyer - My Commission Expires fo egoing instrument was acknowledged before me this 2014, by Timothy R. Seltzer as Co-Truste- fl • e e. L Witness •• hand and official seal. eir-400....••••C</�./ • 3 My Commission expires: �J�B' 3995902 Pages: 14 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno, Clerk and Recorder, Weld County. CO III ?jUI 1 Vi1iivI JillNMI rtfka reA B 14 Notary Pub IC day of ra— arnily Trust SKLD, Inc. FN SKL17054 WE 3995902-2014.014 EXHIBIT A-1 to that Surface Use Agreement dated January 31, 2014, by and between K.P. Kauffman Company, Inc. and The Robert L. Seltzer Family Trust, by Jack Alden Seltzer and Timothy R. Seltzer, as Co -Trustees PROPERTY The Property consists of the following located in Weld County, State of Colorado: Lots A, B and C of Recorded Exemption No. 1489-34-3 RE 44-82, recorded September 25, 2006 as Reception No. 3457042, located in the SW/4 and W/2 of the SE/4 of Section 34, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado; Lots A and B of Recorded Exemption No. 1469-34-3-RECX 13-0054, recorded January 9, 2014 as Reception No. 3988911, located in part of the SW/4 and W/2 of the SE/4 of Section 34, Township 1 North, Range 67 West of the 6thP.M., County of Weld, State of Colorado. 3995902 Pages: 15 of 17 02/12/2014 02:59 PM R Fee:$91.00 Steve Moreno • Clerk and Recorder: Weld County, CO �m x��lurtx�f�rl�a.�w�i��c w+ri�nNrKw�w�, .1111 SKLD, Inc. FN SKL17054 WE 3995902-2014.015 EXHIBIT 4-2 to that Surface Use Agreement dated January 31, 2014, by and between K.P. Kauffman Company, Inc. and The Robert L. Seltzer Family Trust, by Jack Alden Seltzer and Timothy R. Seltzer, as Co -Trustees LEASES The mineral estate in and under the Property is presently subject to the following valid and subsisting oil and gas leases: Oil and Gas Lease, dated November 25, 1970, recorded at Reception No. 1559467 on December 24, 1970, between Robert Lee Seltzer and Rex Alden Seltzer, Lessors, and Tom Vessels, Lessee, covering the W/2SW/4 and W/2W/2E/2SW/4 of Section 24, TIN, R67W, 6th P.M. Oil and Gas Lease, dated August 11, 1973, recorded at Reception No. 1574454 on September 2, 1971, between Ruth F. Burkhardt Decker, a single woman, Lessor, and Tom Vessels, Lessee, covering the W/2SE/4, E/2E/2SW/4, and E/2W/2E/2SW/4 of Section 34, T1N, R67W, 6th P.M. Oil and Gas Lease, dated August 11, 1973, recorded at Reception No. 1574455 on September 2, 1971, between William C. Burkhardt and Kirby L. Burkhardt, his wife, Lessors, and Tom Vessels, Lessee, covering the W/2SE/4, E/2E/2SW/4, and E/2W/2E/2SW/4 of Section 34, TIN, R67W, 6th P.M. Oil and Gas Lease, dated August 11, 1973, recorded at Reception No. 1574456 on September 2, 1971, between Cecilia A. Burkhardt, individually and as Administratrix of the Estate of Barry Stewart Burkhardt, Lessor, and Tom Vessels, Lessee, covering the W/2SE/4, E/2E/2SW/4, and E/2W/2E/2SW/4 of Section 34, T1N, R67W, 6th P.M. Oil and Gas Lease, dated August 11, 1973, recorded at Reception No. 1574457 on September 2, 1971, between Helen M. Burkhardt Koeppen and Bernard E. Koeppen, her husband, Lessors, and Tom Vessels, Lessee, covering the W/2SE/4, E/2E/2SW/4, and E/2W/2E/2SW/4 of Section 34, T1N, R67W, 6th P.M. Oil and Gas Lease, dated August 11, 1973, recorded at Reception No. 1574458 on September 2, 1971, between James F. Burkhardt, a single man, Lessor, and Tom Vessels, Lessee, covering the W/2SE/4, E/2E/2SW/4, and E/2W/2E/2SW/4 of Section 34, T1N, R67W, 6th P.M. Pages: 16 of 9 7 �0 Steve 02/12/2014 59 PM R Fee;$.00 $ Weld d County. CO 0C : Recorder, 111 �{ More ; Clerk and l � �ve Moreno I � �■ ��1�+� � 1 # i SKLD, Inc. FN SKL17054 WE 3995902-2014.016 EXHIBIT B TO SUA DATED ,2014, BYAND BETWEEN K.P. KAUFFMAN COMPANY, INC. AND THE ROBERT L. SELTZER FAMILY TRUST PART OF THE SW 1/4 SEC. 34, Ti N, R67W OF THE 6TH PM COUNTY OF WELD, STATE OF COLORADO SCALE: 1"=600' K 1< Soimm TANG V 0 3 rSIM M 0 -0 ecki O vi it — O EC cr top. at �m-t_ mr NOS ON o all ION taC in NM 600 1200 TANK BATTERY RADIUS a 300' *••••••:••- • .•: • • • •�:•:.•. • . . . . . . . 4 • S••••••4 •� :::.•. • . •• ••I .....:.•.•• • •• • s•.•• . • . • •• •:.•..•. -. .4. 300' X 300' OPERATIONS AREA KEY:1" " = 600' 200' 0 en 200' X 300' TEMPORARY RIGHT-OF-WAY HORIZONTAL OPERATIONS AREA — 25' PIPELINE T�34 N. LINF�'SIO„''t,'� � SE 1y4, SEC 3 NORTH LINE SW 1 �4, SECTION LOTA " RECORDE EXEMPTION N 1767 -34 -3 -RE .; 10 • .., •.::: .•••• ••b. :•. : : : .• •..1..•••. • I . . - - ./.....•••••••-• 4 iteC,soi SELJ7EFk #1-A to- -1 USR12-0022 X00'" Xt0'' F'tENTIALI if piaL EA RFCPT$2811927 800' X 800' POTENTIAL DRILL AREA RECPT#2$11927 (TYPICft4>,�-- f f . t/ LOT A RE -4482 LINE SW 1 4 SECTION 3 �_ieraw y i i a 10 FT WIDE DIRT ACCESS DRIVE (TYPICAL)'r 11#7,-.-N\ i ti WELL SETBACK RADIUS (TYPICAL) O ZL\\.RELOTLINE (TYPICAL) I-..1 ••.•. • '. • I L . • . f•/ 1 . • 1 I • I•. e • I•. I•. : •�I netts . • • •• • • • . • . • • •: 1 •: :•••: :•• •• •••• •• ••• S • • a.......•. - •••••t • • •:•: . . . . . . . . . . . . 4. 1.•. 1 1 1. Mar BURKHART SELTZER #1 WELD COUNTY ROAD 2 FENCE LINE (TYPICAL) LOT D RE -4482- --. BI.IRKHART #1 NOTES:, 1.) THE PURPOSE OF THIS EXHIBIT IS TO DEPICT THOSE 300 FOOT X 300 FOOT OPERATIONS AREAS, THAT 200 FOOT X 300 FOOT TEMPORARY HORIZONTAL OPERATIONS AREA, 25 FOOT WIDE PIPELINE RIGHTS -OF -WAY, AND 10 FOOT WIDE LEASE ROADS UTILIZED BY KP KAUFFMAN. 2.) THIS IS NOT A LAND SURVEY PLAT 1N CONFORMANCE WITH CRS 38-51-106. 3.) ALL UTILITIES, EASEMENTS AND RIGHTS -OF -WAY AFFECTING THE SUBJECT PROPERTY ARE NOT DEPICTED. LEASE ROAD PREPARED BY: ROCK CREEK SURVEYING, LLC 3021 GARDENIA WAY SUPERIOR, CO 80027 PH: (303) 521- 7376 DRAWN BY R.A. RICKARD DATE: JAN. 20, 2014 RE OSI ONS: SKLD, Inc. FN SKL17054 WE 3995902-2014.017 4348566 10/31/2017 03:24 PM Total Pages: 6 Rec Fee: $38.00 Carly Koppes - Clerk and Recorder, Weld County, CO EASEMENT DEED AND AGREEMENT T1-11$ EASEMENT DEED AND AGREEMENT ("Deed and Agreement') is made this 1 day of eta/44r , 2017, by and between ROBERT L. SELTZER FAMILY TRUST, whose address is 33641 County Road 83 Briggsdale, CO 80611 ("Grantor"), and TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado metropolitan district, whose address is 10450 E. 159th Ct., Brighton, Colorado 80602 ("Grantee"). WHEREAS, Grantor owns certain real property located in the County of Weld, State of Colorado, known by Assessor's Parcel Nos. 146934300001, 146934300002 and 146934300003 (the "Grantor Property"); and WHEREAS, Grantee desires to obtain, and Grantor agrees to grant, a perpetual nonexclusive easement (the "Easement") in, to, over, along, upon and across those portions of the Grantor Property more particularly described and depicted in Exhibits -.1 . and A- 2 attached hereto (the "Easement Property") for the installation, maintenance, operation, repair, replacement, removal and use of one or more pipelines and associated appurtenances. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell and convey unto Grantee, its successors, assigns, and licensees, a perpetual nonexclusive easement in, to, over, along, upon, under and across the Easement Property, to be used by Grantee for the installation, maintenance, operation, repair, replacement, removal and use of one or more pipelines, utility lines, and associated appurtenances (collectively, the "Equipment"), together with the right of ingress and egress to and from the Easement Property as herein provided for the purpose of exercising the rights herein granted. 1. By this grant, Grantee shall be entitled to the perpetual, nonexclusive use of the surface and subsurface area of the Easement Property for use as necessary in connection with Grantee's installation, maintenance, operation, repair, replacement, removal and use of the Equipment, including such portion of the Grantor Property as necessary for the purpose of ingress and egress. 2. Grantee's use of the Easement is subject to the following conditions, reservations and limitations: a. In the event of disturbance of the ground surface in connection with Grantee's exercise of the rights herein granted, Grantee shall make commercially reasonable efforts to return the surface of the Grantor Property disturbed by it or its agents to substantially the same conditions as existed immediately prior to such activities. 1 1401993 1 SKLD, Inc. FN SKL17054 WE 4348566-2017.001 4348566 10/31/2017 03:24 PM Page 2 of 6 b. Grantee may install and maintain above -ground markers and/or protective monuments indicating the existence of its Equipment and the alignment thereof. c. Grantee shall register any pipelines or utilities located within the Easement Property with the Underground Utility Notification Center of Colorado. d. Grantee shall use established roadways through the Grantor Property for ingress and egress to the Easement Property where practical. e. Grantee shall not adversely impact or unreasonably interfere with Grantor's use and enjoyment of the Grantor Property, subject only to the express rights granted to Grantee herein. f. Grantee agrees that all of its activities on the Grantor Property will be conducted in accordance with standard industry practices and in compliance with all applicable laws, regulations, rules and codes of any governmental authority with jurisdiction. g. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of the Equipment. 3. Grantee may assign this Deed and Agreement, in whole or in part, without Grantor's approval, provided that Grantee will provide Grantor with written notice of such assignment. Grantee's right to assign this Deed and Agreement expressly includes the right to grant additional easements, licenses and other property interests in and to the Easement Property to the extent that such interests are not inconsistent with the terms and conditions of this Deed and Agreement. 4. In any litigation, arbitration or other proceeding to interpret or enforce the terms of this Deed and Agreement, the court or other applicable body shall award reasonable attorneys' fees and costs to the substantially prevailing party. 5. Each party (as a "Representing Party") represents to the other that the Representing Party has full power and authority to execute, deliver and perform this Deed and Agreement; that the individual executing this Deed and Agreement on behalf of the Representing Party is fully empowered and authorized to do so; and that this Deed and Agreement constitutes a valid and legally binding obligation of the Representing Party enforceable against the Representing Party in accordance with its terms. TO HAVE AND TO HOLD the perpetual nonexclusive Easement described herein unto the Grantee, its successors and assigns, forever. Remainder of Page Intentionally Left Blank 2 140)993 1 SKLD, Inc. FN SKL17054 WE 4348566-2017.002 4348566 10/3112017 03:24 PM Page 3 of 6 Grantor: ROBERT L. SELTZER FAMILY TRUST By: ae2 g Name;,, .._.,�. Its: MAE, State of Colorado ) ss County of v, . fe h. o C- ) /04/ /17 Date The foregoing Ea encnt Deed And Agreement was ac rnowlcd ed before me this 1`--> day of �� ..2017frr, � �' r..i. � J � t' Lit // 1 y C y �. � � by ''� J i y � { �'"!` JYir� 4 .'+G.,dr`'� 'l � aV{1Ff i � �/ b l 1. /� + m 1 -re, - of Robert L. Seltzer Family Trust. Witness my hand and official seal Art an° p Notary Public My Commission Expires: State of Colorado ss County of - : The foregoing Easement Deed And Agreement was acknowledged before me this j day of �: "" •• •. -en $ ' ,? .r' � R,Y �. � 2017 by ,:�;• � i,, ��. �,�' �,> �.---�� :° ,�,.,-r t: v.t=f l IT of Robert L. Seltzer Family T st. Date ADRIANE RIGGS NC �- UBLIC STATE OF COLORADO NOTARY ID 20174009981 Mfr COMMISSION EXPIRES MARCH 06, 2021 77r Witness my hand and official seal tArt a.& Notary Public My Commission Expires: Sri 1 C- I n1 e /2ec2A 3 1401993.1 as ADRIANE RIGGS NarAggpBuc STATE OF oOLORADO NOTARY ID 20114009981 MY COMMISSION EXPIRES MARCH G6.2021 SKLD, Inc. FN SKL17054 WE 4348566-2017.003 4348566 10/31/2017 03:24 PM Page 4 of 6 Grantee: TODD CREEK VILLAGE METROPOLITAN DISTRICT State of Colorado nlon, Jr., President of Board ss County of -Adams-Ara it--st t_ ) • The foregoing - - asenieni Deed And Agreement was acknowledged before me this C' - be V day of t l " , 2017 by George R. Hanlon, Jr., President of the Board of Directors of the Todd Creek Village Metropolitan District. Witness my hand and official seal Notary Public My Commission Expires; 1401993.1 Ott 4 ADRIANE RIGGS NOTAAMBLIC STATE OF COLORADO NOTARY ID 20174000081 MY COMMISSION EXPIRES MARCH 00, 2021 SKLD, Inc. FN SKL17054 WE 4348566-2017.004 4348566 10/31/2017 03:24 PM Page 5 of 6 EtHitrr tEGAILIESCRIFIWItt A 25.04 FOOT WIDE PARS OF LAND LOCATED P A P ORTx), OF THE SOU TM WEST /4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 Y4CST, OF THE 6TH PRINCFPAL MERIDIAN; COUNTY or WELD, STA1T or soLootAbo MORE PARTICULARLY =MEMO AS FOLLOWS BASS OFBEARINGS: THE VEST UNE OF NE SOUTHWEST 1/4 OF SAID SECTION 34, BEARING NORTH 0011'33' WEST. COWEN° NO AT 1'H E SOU INVEST Cr SAu SEC II ON 3& THENCE NORTH O0"31'33' WE.'ST• AND A LC*IC T♦•IE�+� -�+T PUREE ��`�lTHE �� OUTHWSSI 1/4 CF CTOt1 34i A DISTANCE C 7004x0 FEU; THEN NORTH 2t5d E�yy FEET T ANPAR 1 O THE SOUTH UNE OF NE TI(ST 1/4 SAID SECTION 34; A OISTMCZ Or �W FEE TO THE POINT OF &( IN 0, THENCE NOM 33' 0031'let AND Pit.Mall TO THE war UNE E OF THE SOUTH ST1/4 OF SAID MINIM acnow 340 A OF 2074S2 FEET TO A POINT; THEN � ' EAST' A DISTANCE Or 23.+00 FEET: THENCE SOUTH 00'31'33'" EAST, AND PARAII L 1D THE *EST LPE OF TUE SOU1HVEST 1/4 or SAID SECTION 34, A DISTANCE OF 2„074. $2 FEET TO A POINT 70.00 FEET NORTH OF THE SOUTH Mit OF THE SOim IME.s r 1/4 a SAID SECTION 34 newt ltt sougni 80'12'6? WST AND PARALLEL TO 1FE SOUTH UNE OF SAID Sall ON 34, A DISTANCE OF 2t00 FEET, TO THE POINT OF BEAN 1NG THE ABOVE DESCRIBED PARCEL CONTAINS 51,873.1 SQUARE FEET OR 1.2 ACRES MORE OR LESS. WEST 114 CORNER ac110t11 3+i T1MN bE'5T log OF TIE St 1/4 SECTI IY 4, lit RIM. ra tmt ink a iv' Da WIN P {� PREPARED FOR: MHz!) TOW CRUX NLlAM METROPOLITAN DISTINCT COUNTY ROAD 19 0 J NG2W3T'5l 40.00 Ni Sally me_ 70.00' i I, I. a a a r- v --- I r!re451 carmetsic SOUTMMAMECT 114 SECTION 34 TIN, R67W \ PONT Or Weal NG IL&LPPOUNTT'_ROAD #2 504 ,1 Y ST CORNER sic KAM LIME SOU ? 1/4 CT1ON 34 T1N, RCM 34, TIN, R67w LINE TABLE UNE SIG DIS TANC r u+ liT 11. 12 MOW..- 7f Mr £074.91' 1.3 _ Sao' fl wart I. MS fl KV WI PISPISMO WM= T!( WIW I OF * art ma tedielWQ11 at OM WISTITV11 A lirtki* *1 iY Hfl HOMO fir. 70 COMM Tins at vain a sank I. win inn MI NIP Ntlr trot i lailDTTED aa se et i1 itiontti vas *0 NM 1It ianoiszer most. BY: _ OATE: 0 SC) 100 l!nnga SCALE: 1t'-000' PREPARED FOR AND ON BEHALF OF NEW HORIZON 9J*WV IC APerm 1 flf wi 34 Tot liniterwelis PA eft miaow) ALrIOSON OATis BY; 3 4 1ST PC son os-ts-IS IAA .K* N UNiER: SDD-21 D••3&3 I 3 • for SKLD, Inc. FN SKL17054 WE 4348566-2017.005 4348566 10/31/2017 03:24 PM Page 6 of 6 En1'Srt Art L QAL DESQRIP 1104: A 26.00 FOOT WIDE PARCEL OF LAND LOCATED IN A PORTION OF THE SoU1H 1/2 CF SECTION 34, TO ITS SIP 1 NORTON, RANGE 67 WEST, OF THE 6114 PRINOPAL MERIDIAN; COUNTY or WWI STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOW1& BASS OF BEARINGS: WE SOUTH UNE OF THEE SOUTHWEST 1/4 OF SAID SECTION 34, BEARING NORTH ' 32'Sr EAST. CC1UMU,ICtNG AT THE SOUTHWEST CORNER OF SAID gC11ON 34; THENCE NORTH 00'31'33' WEST. AND ALONG THE IAEST UNE OF THE SOUTHWEST 1/4 or SAID SECTION 34, A DISTAP4 OF 70.00 FEET: 1F NCE NORTH enter LAST AND BEING PARALLEL TO THE SOUTH LINE OF WE SOUTHWEST t/4 OF SAID SECTION 34; A DISTANCE OF e4.88 FEET TO THE POINT OF BEGINNING; THENCE NORTM 00'31'33' NEST, AND PARALLEL TO THE MIEST UNE OF THE SOU TMVEST 1/4 (W SECTION 34, A DISTANCE OF 25.00 FEET; THENCE NORTH 8r32'a7' EAST, AND PARALLEL TO 114E SOUTH UNE OF THE SOUIHW€ST 1/4 or SAID SECTION 34, A d9TANCE OF 2,582.11 FEET TO A POINT ON 114E NORTH -SOUTH CEN1 RUNE Cr SAID SECI1ON 34; THENCE NORTH W33'41' EAST AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34. A DISTANCE OF 1,203.24 FEET TO A POINT 30.00 car WEST OF THE EAST UNE OF THE MIES;T 1/2 OF THE SOUHEAST 1/4 OF SAID SECTION 34; 'THENCE SOUTrh O0 -4341r EAST AND P ARAi TO THE EAST UNE OF NE 1Io.ST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, A DISTANCE OF MOO FAT; THENCE NCE SOUTH 6913'41'1MEST AND PARMA'S.. ' . TO THE SOUTH LINE OF WE SOUTHEAST 1/4 OF SAID SECTION 34. A DISTANCE OF 1,293.35 FEET TO A PANT ON THE NORM-soul?N CM:RUNE OF SAID SECTION 34; THENCE SOUTH 8012'5 WEST AND PAR an. TO THE SOUTH in OF 1TIE SOUTHWEST 1/4 OF SAID SECTION 34, A INSTANCE OF 2,552.3 1 F1ET TO A PANT 64.88 FEET EAST °F. THE MAST LINE OF' THE SOUTHWEST 1/4 OF SAID SECTION 34; SAID POINT ALSO BEING THE POINT OF BEGINNING cTHE ABOVE DESCRIBED PARCEL CONTAINS 96.885.5 SQUARE FEET OR 2.2 ACRES MORE OR LASS. r � � t ttw 1 W 4 i i I I F SOUTHWEST 114, SOUTHEAST 114 SECTION 34 T1 N. RNTW Yais P{{r N SOUTHEAST 1/4. SOUTHEAST 114 SECTION 34 T 1 N, Rfl7VY PONT Or Leirdmitinsta -44 - I 1 I_ SAWS QF RF}iR ' Ih tl . 2's Sfl THWEST CORNER SECTION 34 T1 N, R67VV OatiktklIfM i.-�couTY TO SOWN In of NC sw it SEcrai 34, MN, inn/ k "n i `r ni Peal= in bletiT 1w Can IX A G7 1; 1tn.E Cpillni*i NO UM SOT WantA MU SisiDit rpm! lR.a +oir iitar4CY. MC Tv arMet WU vi napalm Cr Brum L an MST ban MOI FdPICIDnr A Y ssibe !@ sett'. n a made ONLY ID MCI THE Ipa UK . 1iLk ant pa S. (]M S ( FIR (25) E- w 0 Ls D #2 SOUTH lilt Or 1He SE SEC1W *i 34, TIN, RI TW UTH 1M CORNER OF SECT -IS 34 Tit . R67UV LINE TABLE LINE BEARING DISTANCE Li morn -3rd -3rd env to -wI903 '`41''t 224° 14 . , ',43' i7'E L.3` �_ 4�1r Lb y� j ��y +y y ?.3421) .S.3r5 J R PREPARED FOR: 'WOO CREEK VILLAGE ME1ROPOUTAN DISTRICT in ENS • BY: 1HEA T CORNER SECTION 34 TINA, Ft N 50 100 SCALE: 1-11 00' DATE: PREPAREO FOR AND ON BEHALF" or NEW HORIZON SURVEY LLC SKLD, Inc. FN SKL17054 WE 4348566-2017.006 4739949 07/28/2021 11:54 AM Total Pages: 3 Rec Fee: $23.00 Carly Koppes - Clerk and Recorder, Weld County , CO RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this 3 in day of October, 2013, from Robert L. Seltzer Family Trust, whose address is 33641 CR 83, Briggsdale, Colorado 80611 ("Grantor," whether one or more), to KERR-MCGEE OIL & GAS ONSHORE LP, a Delaware limited partnership, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 ("KMOG"). The parties agree as follows: 'For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto "KMOG", its successors and assigns, a perpetual right-of-way to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor or remove and release, at KMOG's election, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances (collectively, "improvements"), below and/or above ground, necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 1 NORTH, RANGE 67 WEST, 6TH P.M. Section 34: Lot A and Lot D of Recorded Exemption No. 1489-34-3 RE -4482 recorded April 5, 2007 at Reception No. 3467042, being a part of the South Half (S/2) The route and course of the right-of-way conveyed hereby ("Right -of -Way Lands") are more particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the Right -of -Way Lands is fifty feet (50') during construction, and subsequent to construction the width of the Right -of -Way Lands is twenty-five feet (25'). If there is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees that upon request from KMOG the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right - of -Way Lands. From time to time after the initial construction of the pipeline(s), KMOG may require the use of the construction work space depicted on said Exhibit "A" to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor or remove the pipeline(s) together with appurtenances. KMOG may use the construction work space from time to time in connection with the rights granted hereby, provided it gives Grantor forty-eight (48) hours' notice of such use and provided further that it restores the same as provided below when not in use. Grantor represents and warrants to KMOG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant. Any Improvements to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMOG's prior written permission, which consent shall not be unreasonably withheld. KMOG shall repair and/or restore any fence(s) on or adjacent to the Right -of -Way Lands that are removed or severed by KMOG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KMOG. if necessary to prevent the escape of Grantor's livestock, KMOG shall construct temporary gates or fences in those areas affected by KMOG's operations as provided for in this Grant. KMOG agrees that KMOG will not build, create, or construct, or permit to be built, created, or constructed, any improvement, obstruction, building, fence, reservoir, engineering works or other structures above ground within the Right -of -Way Lands without the prior written consent of Grantor, which consent shall not be unreasonably withheld. To the extent reasonably practicable and within a reasonable period of time after completion of construction, KMOG shall level and restore any lands affected by KMOG's operations that have excessive settling and shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KMOG's pipeline(s). Grantor retains the right to use and enjoy the Right -of -Way Lands, subject only to the right of KMOG to use the same for the purposes herein expressed, though Grantor expressly retains the right to utilize the surface in accordance with applicable law for any non-agricultural purposes, SKLD, Inc. FN SKL17054 WE 4739949-2021.001 4739949 07/28/2021 11:54 AM Paget of3 including but not limited to, the real estate development of the Property. Grantor agrees that Grantor will not build, create, or construct, or permit to be built, created or constructed, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMOG, which consent shall not be unreasonably withheld. KMOG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KMOG's rights hereunder. Grantor agrees that at KMOG's option, KMOG may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way. If KMOG exercises such option, KMOG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts .otherwise payable to Grantor from KMOG. KMOG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMOG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shall pay for, reimburse, indemnify and hold KMOG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. All Improvements to be constructed in the Right -of -Way Lands shall be constructed, used, maintained and modified in accordance with all Colorado and Weld County Laws. Notwithstanding anything in this grant agreement to the contrary, if any improvements constructed upon the Right - of -Way Lands are not used and maintained for a period of thirty-six (36) consecutive months following such construction, the Right -of -Way shall be considered abandoned at law and all rights held by the KltlIOG in the Right -of -Way shall automatically extinguish. This Grant cannot be modified, except by an instrument in writing signed by Grantor and by an authorized representative of KMOG. Consistent with the provisions herein, KMOG may assign all of its rights and delegate all of its duties under this Agreement to (i) any subsidiary or affiliate of KMOG, (ii) a purchaser of all or substantially all of KMOG's partnership interest or assets, or (iii) a third party participating in a merger or other corporate reorganization in which KMOG is a constituent corporate entity. Grantor is hereby provided a right of first refusal ("Right of First Refusal") to purchase the Right -of -Way in the event that KMOG undertakes to sell, transfer or otherwise dispose of the Right - of -Way to a third party (other than as provided in sub -paragraph (iii) of the immediately preceding paragraph) in accordance with a bona fide written offer or agreement (`Proposed Transfer"). In the event of a Proposed Transfer, KMOG shall first be obligated to deliver written notice to Grantor setting forth the material terms and conditions (including price and form of consideration) of the Proposed Transfer and the identity of the prospective transferee. Grantor shall have thirty (30) days from the receipt of the notice to exercise its Right of First Refusal. If Grantor does not elect to purchase the. Right -of -Way within the thirty (30) day period described herein, KMOG shall be free to acceptthe third -party offer and make the Proposed Transfer. KMOG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grant in'the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMOG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts, each of which shall be considered one and the same agreement. SKLD, Inc. FN SKL17054 WE 4739949-2021.002 4739949 07/28/2021 11:54 AM Page 3 of 3 IN WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written. Grantor: ROBERT L. SELTZER FAMILY TRUST BY: Jack Alden Seltzer, rustee BY: Timothy Robert Seltzer, Trustee STATE OF COLORADO ) } ss. COUNTY Of } The foregoing.instrument was a knowled ed before me this J' itdayof antler 2013, by _ )nr T o + kert&lt r. Witness my hand and official Seal. My Commission Expires: Tamar4 gm* Notary Public (SEAL) My Commission moire SKLD, Inc. FN SKL17054 WE 4739949-2021.003 4810168 03/15/2022 11:33 AM Total Pages: 6 Rec Fee: $38.00 Carly Koppes - Clerk and Recorder, Weld County , CO EASEMENT DEED AND AGREEMENT THS EASEMENT DEED AND AGREEMENT ("Deed and Agreement") is made this IS— day of /S., 2022, by and between the ROBERT L SELTZER FAMILY TRUST, whose address is 33641 COUNTY ROAD 83 Briggsdale, Colorado 80611 ("Grantor"), and TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado metropolitan district, whose address is 10450 E. 159th Ct., Brighton, Colorado 80602 ("Grantee"). WHEREAS, Grantor owns certain real property located in the County of Weld, State of Colorado, known by Assessor's Parcel Nos. 146934300010 and 146934300005 (the "Grantor Property"); and WHEREAS, Grantee desires to obtain, and Grantor agrees to grant, a perpetual nonexclusive easement (the "Easement") in, to, over, along, upon and across those portions of the Grantor Property more particularly described and depicted in Exhibit C attached hereto (the "Easement Property") for the installation, maintenance, operation, repair, replacement, removal and use of two mainline water pipelines, tap connections, laterals and associated appurtenances. WITNES SETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell and convey unto Grantee, its successors, assigns, and licensees, a perpetual nonexclusive easement in, to, over, along, upon, under and across the Easement Property, to be used by Grantee for the installation, maintenance, operation, repair, replacement, removal and use of two mainline water pipelines, tap connections, laterals, and associated appurtenances (collectively, the "Equipment"), together with the right of ingress and egress to and from the Easement Property as herein provided for the purpose of exercising the rights herein granted. 1. By this grant, Grantee shall be entitled to the perpetual, nonexclusive use of the surface and subsurface area of the Easement Property for use as necessary in connection with Grantee's installation, maintenance, operation, repair, replacement, removal and use of the Equipment, including such portion of the Grantor Property as necessary for the purpose of ingress and egress. 2. Grantee's use of the Easement is subject to the following conditions, reservations and limitations: a. In the event of disturbance of the ground surface in connection with Grantee's exercise of the rights herein granted, Grantee shall make commercially reasonable efforts to return the surface of the Grantor Property disturbed by it or its agents to substantially the same conditions as existed immediately prior to such activities. 1 1401993.1 SKLD, Inc. FN SKL17054 WE 4810168-2022.001 4810168 03/15/2022 11:33 AM Page 2 of 6 b. Grantee may install and maintain above -ground markers and/or protective monuments indicating the existence of its Equipment and the alignment thereof c. Grantee shall register any pipelines or utilities located within the Easement Property with the Underground Utility Notification Center of Colorado. d. Grantee shall use established roadways through the Grantor Property for ingress and egress to the Easement Property where practical. e. Grantee shall not adversely impact or unreasonably interfere with Grantor's use and enjoyment of the Grantor Property, subject only to the express rights granted to Grantee herein. f. Grantee agrees that all of its activities on the Grantor Property will be conducted in accordance with standard industry practices and in compliance with all applicable laws, regulations, rules and codes of any governmental authority with jurisdiction. g. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of the Equipment. 3. Grantee may assign this Deed and Agreement, in whole or in part, without Grantor's approval, provided that Grantee will provide Grantor with written notice of such assignment. Grantee's right to assign this Deed and Agreement expressly includes the right to grant additional easements, licenses and other property interests in and to the Easement Property to the extent that such interests are not inconsistent with the terms and conditions of this Deed and Agreement. 4. In any litigation, arbitration or other proceeding to interpret or enforce the terms of this Deed and Agreement, the court or other applicable body shall award reasonable attorneys' fees and costs to the substantially prevailing party. 5. Each party (as a "Representing Party") represents to the other that the Representing Party has full power and authority to execute, deliver and perform this Deed and Agreement; that the individual executing this Deed and Agreement on behalf of the Representing Party is fully empowered and authorized to do so; and that this Deed and Agreement constitutes a valid and legally binding obligation of the Representing Party enforceable against the Representing Party in accordance with its terms. TO HAVE AND TO HOLD the perpetual nonexclusive Easement described herein unto the Grantee, its successors and assigns, forever. — Remainder of Page Intentionally Left Blank --�--� 2 1401993.1 SKLD, Inc. FN SKL17054 WE 4810168-2022.002 4810168 03/15/2022 11:33 AM Page 3 of 6 Grantor: ROBERT L SELTZER FAMILY TRUST Trustee: State of Colorado County of /764mS A s ) ss 77-Aser ,The foregoing Easement Deed And Agreement was acknowledged before me this /.5ernday of fr,L /L 2022 by :M. 0 ,e Witness my hand and official seal c- - 41 a-f►.� , l No arY ublic My Commission Expires: '1/3) -� Grantee: KHRYSTYNA KOPLINSKI NOTARY PUBLIC STATE OF COLORADO s NOTARY ID 20124017065 MY COMMISSION EXPIRES 04/03/2024 TODD CREEK VILLAGE METROPOLITAN DISTRICT By: on Summers V'. & Secretary of the Board State of Colorado ) ss County of Adams AL The foregoing Easement Deed and Agreement was acknowledged before me this /5M -day of Meitak, , 2022 by Don Summers V.P. & Secretary of the Board of Directors of the Todd Creek Village Metropolitan District. Witness my hand and official seal Notary Public My Commission Expires: 1401993.I Wspeo2 3 _ _ SF'',- KlH RYSTY NA KOPLINSKI NOTARY PUBLIC STATE OF COLORADO NOTARY ARY ID 20124017065 MY COMMISSION EXPIRES 04/03/2024 SKLD, Inc. FN SKL17054 WE 4810168-2022.003 4810168 03/15/2022 11:33 AM Page 4 of 6 EASEMENT EXHIBIT C A 30 -FOOT WIDE WATER LINE EASEMENT LOCATED IN THE SW 1/4 OF SEC. 34, TIN, R67W OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO 40' FUTURE ROW RESERVATION RECX18-0174 RECEPT#4481993 04/17/19 II r L E. ROW I i /LINE L I4J L_L I l - II I' 40' J LOT B RECX18-0174 RECPT# 4481993 04/17/19 305 WCR 19 LOT A RECX-13-0106 REC. NO. 3985122 60' ACCESS & UTILITY EASEMENT RECPT # 3985122 LOT A RECX-16-0028 REC. NO. 4204623 POINT OF COMMENCEMENT SW COR., SECTION 34, T.1 N_, R.67W. 6th P.M. FOUND 2.5" DIA. ALUM. CAP "LS 25937" MON. WELD COUNTY WCR 2 2.O.' T.VA1'�T2 E ADAMS COUNTY -30' NORTH LINE NE 1/4 SEC 4 T1S R67W PARCEL B RECORDED EXEMPTION CASE NO. 124 -81 -E -Z H 70.00 CiAr n1 w --�I r-30 -' V A JA DRIVEWAY I N_ ROW POINT •F B GINNIN4 \ \ 1140--,\11,,,\ , \ 11 LINE BEARING DISTANCE L17 N 89°33'42" E 169.15' L18 N 00°05'49" W 30.00' L19 N 00°05'49" W 40.00' L20 S 89'33'42" W 79.60' L21 N 00'30'55" W 1698.40' L22 S 89°59'59" W 60.00' L23 N 00°30'55" W 30.00' L24 N 89°59'59" E 90.00' L25 S 00°30'55" E 1703.18' L26 N 89°33'42" E 79.78' L27 S 00°05'49" E 65.00' L28 S 89°33'42" W 30.00' 30 -FOOT WIDE WATER LINE EASEMENT CONTAINS: 56,841.1 SF OR 1.30 ACRES 312 WCR 19 LOT A RE -1469-34--3 REC. NO. 3988911 0 35' WATER LINE ESMT R#2531025 L_L ,30' 40' 10' PROPOSED ROW REC. NO. 39138B11 35' EX WATER EASEMENT REC. NO. 2531025 25' TCVMD ESMT R#4348566 S. LINE SW 114 SEC. 34 S 89°33'42' W (BASIS OF BEARINGS) 5' ROW AGREEMENT REC. NO. 3958-639 EXHIBIT A-2 (TODD CREEK WATER) 200 SCALE: 1" = 200' 400 LOT A RE -4482 REC. NO. 346704 40' (- EAST 6?/dVE f1C 30' ELECT ESMT BOOK 2130 PAGE 716 NE COR., SECTION 4, T.1 S., R.67W. 6th P.M. FOUND 2 1(2" DIA. ALUM_ CAP MON. 'LS 38285" 20' EASEMENT DETAIL: NOTES: 1) THE PURPOSE OF THIS EXHIBIT IS TO DEPICT A PROPOSED 30 -FOOT WIDE WATER LINE EASEMENT FOR TODD CREEK VALLEY METROPOLITAN DISTRICT. 2) THIS EXHIBIT IS NOT A LAND SURVEY PLAT PER CRS 38-51-106_ 3) BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. IS ASSUMED TO BEAR NORTH 89 DEGREES 33 MINUTES 42 SECONDS EAST BETWEEN A FOUND 2.5 INCH DIAMETER ALUMINUM CAP MONUMENT STAMPED LS 25937 IN RANGE BOX AT THE SOUTHWEST CORNER OF SAID SECTION 34 AND A FOUND 2.5 INCH DIAMETER ALUMINUM CAP MONUMENT STAMPED LS 38285 IN RANGE BOX AT THE ROCK CREE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF SURVEYING, LLC THE 6TH PRINCIPAL MERIDIAN. 3021 GARDENIA WAY SUPERIOR, CO 80027 SKLD, Inc. FN SKL17054 WE 4810168-2022.004 4810168 03/15/2022 11:33 AM Page 5 of 6 EASEMENT LEGAL DESCRIPTION: 312 WELD COUNT ROAD 19 BRIGHTON, CO 80603 A 30 -FOOT WIDE WATER LINE EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. IS ASSUMED TO BEAR NORTH 89 DEGREES 33 MINUTES 42 SECONDS EAST BETWEEN A FOUND 2.5 INCH DIAMETER ALUMINUM CAP MONUMENT STAMPED LS 25937 IN RANGE BOX AT THE SOUTHWEST CORNER OF SAID SECTION 34 AND A FOUND 2.5 INCH DIAMETER ALUMINUM CAP MONUMENT STAMPED LS 38285 IN RANGE BOX AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. COMMENCING AT A FOUND 2.5 INCH DIAMETER ALUMINUM CAP MONUMENT STAMPED LS 25937 IN RANGE BOX AT THE SOUTHWEST CORNER OF SECTION 34 TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.; THENCE N 89°33'42" E ALONG THE SOUTH LINE OF SECTION 34 A DISTANCE OF 169.15 FEET; THENCE N 00°05'49" W A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 2, THE TRUE POINT OF BEGINNING; THENCE N 00°05'49" W A DISTANCE OF 40.00 FEET; THENCE S 89°33'42" W A DISTANCE OF 79.60 FEET; THENCE N 00°30'55" W ALONG A LINE 90 FEET EASTERLY AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 34, A DISTANCE OF 1698.40 FEET; THENCE S 89°59'59" W A DISTANCE OF 60.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 19; THENCE N 00°30'55" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE N 89°59'59" E A DISTANCE OF 90.00 FEET; THENCE S 00°30'55" E A DISTANCE OF 1703.18 FEET; THENCE N 89°33'42" E A DISTANCE OF 79.78 FEET; SKLD, Inc. FN SKL17054 WE 4810168-2022.005 4810168 03/15/2022 11:33 AM Page 6 of 6 THENCE S 00°05'49" E A DISTANCE OF 65.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 2; THENCE S 89°33'42" W A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. EASEMENT CONTAINS: 56,841.1 SQUARE FEET OR 1.30 ACRES MORE OR LESS. PREPARED BY: ROBERT A. RICKARD, PLS COLORADO PROFESSIONAL LAND SURVEYOR NO. 28283 FOR AND ON BEHALF OF ROCK CREEK SURVEYING, LLC 3021 GARDENIA WAY, SUPERIOR, CO 80027, PHONE: 303-521-7376. SKLD, Inc. FN SKL17054 WE 4810168-2022.006 11111111,11111111111111111 ninii 11111111 11111 iiii uii 2811927 12/0712000 02:12P JA Suki Tfulmmolo 1 al 3 A 15.00 0 0.00 Weld County CO cg> NOTICE OF OIL AND GAS INTERESTS AND SURFACE USE This Notice of Oil and Gas Interests has been prepared and is being filed of record by HS Resources, Inc., (hereinafter, "HSR") whose address is 1999 Broadway, Suite 3600, Denver, Colorado, for the purpose of providing additional public notice of its rights to make use of the surface of the lands described below for oil and gas exploration, development and related operations. For such purpose, HSR hereby states as follows: HSR is the owner of certain oil and gas leasehold rights affecting the following described lands in Weld County, Colorado (the "Lands"): Township 1 North, Range 67 West, 6th P.M. Section 34: S/2 HSR's oil and gas leasehold rights in the Lands derive from those valid and subsisting oil and gas leases which are described on Exhibit "A", attached hereto and incorporated herein, and have been duly recorded in the office of the Clerk and Recorder of Weld County (the "Leases"). Under the laws of the State of Colorado and the provisions of the Leases, HSR has certain rights to occupy and make use of the surface of the Lands, which rights include but are not limited to the right to PROSECUTE OIL AND GAS DRILLING AND COMPLETION OPERATIONS; PRODUCTION, TRANSPORTATION AND MARKETING OF OIL, GAS OR OTHER HYDROCARBON PRODUCTS AS WELL AS RIGHTS OF ACCESS AND USE OF THE SURFACE OF THE LANDS FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT AND MONITORING OF WELLS, WELL LOCATIONS, EQUIPMENT, MUD AND RESERVE PITS, SEPARATORS, TANK BATTERIES, PIPELINES, GATHERING LINES, FLOWLINES, PIPELINE INTERCONNECTIONS AND ANY AND ALL OTHER REASONABLE OR CUSTOMARY USES OF THE LANDS RELATED TO SUCH OPERATIONS. Exhibit "B" attached hereto is a plat of the Lands showing the allowable locations under Colorado Oil and Gas Conservation Commission Rule 318A and indicates potential drillsite locations where oil and gas drilling operations may occur. This Notice is intended to remain in effect for so long as the Leases, or any extensions or renewals thereof, remain in effect as to any portion of the Lands. It is not intended to enlarge, diminish or in any other way modify the respective rights, interests or titles of any party owning an interest in the Lands, but is to be construed only as giving notice of HSR's lawful rights under the applicable Leases and the laws of the State of Colorado. • ,psr`tirteir,� ift‘, LiCk '10,„ • �, 1Afty\ Nit t • OLSRADO r �. is COUNTY OF DENVER SS HS RESOURCES, INC. By: Ja De ever Basi► Land Supervisor The foregoing instrument was acknowledged before me this 10th day of November, 2000, by James P. Wason, as Denver Basin Land Supervisor of HS Resources, Inc., a Delaware corporation. WITNESS my hand and official seal. Notary Publi My Commission expires: asZq SKLD, Inc. FN SKL17054 WE 2811927-2000.001 �50LTz)S Z00'000Z-LZ6TT8Z c • EXHIBIT "A" ATTACHED TO AND MADE A PART OF NOTICE OF OIL AND GAS INTERESTS AND SURFACE USE TIN-R67W SEC. 34: S/2 WELD COUNTY, COLORADO LEASE LESSOR 'LESSEE DATE BOOK SP RANGE SECTION ` r CO -001627-000 MARCUS, GEORGE H. & MARCUS, MARJORIE J. TOM VESSELS 11/24T70 637 1559466 1N 67W 34 E/2SE/4 CO -001653-000 SELTZER, ROBERT LEE & SELTZER, REX ALDEN TOM VESSELS 11/25/70 637 1559467 1N 67W 34 W/2W/2E/2SW/4, W/2SW/4 CO -001654-001 BURKHARDT, JAMES P. TOM VESSELS 8/11/71 652 1574458 1N 67W 34 W/2SE/4, E/2E/2SW/4, E/2W/202SW/4 CO.001654-002 KOEPPEN, HELEN B. & KOEPPEN, BERNARD E. TOM VESSELS 8/11/71 652 1574457 1N 67W 34 W12SE/4, E/2E/2SW/4, E/2W/2E/2SW/4 1111111 hUh 11111liii! 111111111111111111111111111 IIII �pjj7 q115 00 0 0 0: o :1WelaJCounry ki t� kamom Page 1 of 1 i iniiihUh 1111111 iii nuiN iiui i1111111 iUlt im 3 of 3 R 15.00 D 0.00 Weld County CO EXHIBIT B Colorado Oil and Gas Conservation Commission GREATER WATTENBERG AREA Special Well Location Rule 318 A 0 d00' x 400' rel 800' x 800' Sec. -34- - T 1 Neale -1W I ROO f; i Scale SKLD, Inc. FN SKL17054 WE 2811927-2000.003 r $j 1111111 IIIlI 1111 111111 Illl li 111111 I IIII II I IIIII I I li II li 3114363 10/07/2003 02:39P Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY GRANT ROBERT L. SELTZER FAMILY TRUST, GRANTOR (whether one or more), whose mailing address is 33641 WCR 83, Briggsdale, Colorado, 80611 in consideration of Ten Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grant and convey unto UNITED POWER, INC., GRANTEE, whose street address is 18551 East 160th Avenue, Brighton, Colorado 80601, its successors and assigns, a right-of-way and easement to construct, operate, maintain, replace, inspect, repair and remove electric facilities for the purpose of distribution of electricity and appurtenances thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following -described property in the County of Weld, State of Colorado, to -wit: See Exhibit 'A' attached hereto and made a part hereof. These facilities are both overhead and underground and may include, but not be limited to, poles, crossarms, wire, conductors, transformers, and supports of whatever materials, including braces, guides, anchors, and other fixtures or devices used or useful in connection therewith. Grantee shall have the full right and authority to cut, remove, trim, or otherwise control all trees, brush, or other growth on or overhanging said easement. The right and authority of grantee hereunder may be exercised by its successors, assigns, licensees, contractors, and permittees. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the maintenance, repair and replacement thereof Grantor shall install no structures or facilities of any kind on, over, under, or across said easement without the written approval of Grantee. SIGNED AND SEALED BY GRANTOR this *day of OC/cIs± , 2003. GRANTOR By By STATE OF COLORADO COUNTY OF 44421/ )ss '5y GRANTOR ROBERT L. SELTZER FAMILY TRUST l Zu koK4( {14usr rgt The foregoing instrument was acknowledged before me this 2nd day of c2 2003, by 1>, St//i r't- as oti_fe, of ROBERT L. SELTZER FAMILY TRUST. A, WITNESS my hand and official seal. My commission expires 9- Jam' ' 7 Address: R/W # W/O # 2309-026 MAP 45-34 Name Location 168`h and Yosemite '/4 Section SW Section 34 , Township 1 N , Range 67 W • ter tit • ._ 7z 40s. fireed• 0 la il ISO. aft c "a rrka sit le ts, wiN + -j J • 6th P.M. • *1i•1i I-1 r f' SKLD, Inc. FN SKL17054 WE 3114363-2003.001 M EXHIBIT A PAGE 1 of 2 PROPERTY DESCRIPTION A STRIP,10 FEET WIDE, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE OVER, UNDER ACROSS AND THROUGH PART OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE $5th P.M. COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S 89°59'45" E, A DISTANCE OF 410.74 FEET TO A POINT ON THE SOUTH THE LINE OF SAID SOUTHWEST QUARTER FROM WHICH THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 67 WEST BEARS S 89¢59'45" E, A DISTANCE OF 38.00 FEET; THENCE N 0°08130" E, A DISTANCE OF 30.00 FEET PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 4 TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING N 0°08'30" E, A DISTANCE OF 40.00 FEET TO THE TERMINUS OF SAID CENTERLINE; THE SIDELINES OF SAID STRIP ARE TO BE EXTENDED OR SHORTENED TO TERMINATE ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 2. TO FORM A CONTINUOUS STRIP WITHOUT GAPS OR OVERLAPS. 3151 SEPTIDVBER 12, 2003 I e 2 + • 2 2cci f Y f r \ \y •1 • 1111111 IIIl11111lIi111111111111N1 11111 IIIN1111 IIII 3114363 10107/2003 02:39P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder SKLD, Inc. FN SKL17054 WE 3114363-2003.002 0 w z -J 1,2 EXHIBIT A PAGE 2 OF 2 SW1/4 SEC 34 [TERMINUS • a ci wch S' 1 0' 5, POINT OF COMMENCEMENT SW COR SW1/4 SEC 34, TIN, R67W 589'59'45"E 41 0.74' SOUTH R.O.W. 168th AVE. BOOK 4366 PAGE 666 _ - ADAMS COUNTY RECORDS • NE1/4 SEC 4 S. r s 7 i #itFin _'' rf r r I -://A . 1 �± : is ,‘' % I ~tt iitt ii it a i''''.1\4 % e w a aD 0 z POINT OF BEGINNING 0 PO SCALE: 1"= 20' 0 20 40 WELD COUNTY NORTH R.O.W. ROAD 2 , S89659145"E 38400' NE COR NE1/4 SEC 4, T1S, R87W so sop 0 z CA LU CA 0 40' acso 0 (53 WELD COUNTY ROAD 2 S. LINE SW1 /4 SEC 34 TEST T1S 168th AVENUE ' ADAMS COUNTY W U) LU z z U. 1111111 niu iiii iiini alai alai iini iii uiu iiii uii 3114363 10/07/2003 02:39P Weld County, Co 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder NW1/4 SEC 3 A W FREDENBURG P15 LAND SURVEYOR 399 BUSH STREET BR1GF TC CO 80601 303-659-1360 3151.ELX SEPT 12. 2003 SKLD, Inc. FN SKL17054 WE 3114363-2003.003 September 29, 2023 KW Commercial 11052 Cimarron Street, Unit E Firestone, Colorado 80504 Attn: Mr. Bob Demaree (bob.dernaree@kw.com) Re: Geologic Hazards and Mineral Resources Report Northeast Corner of County Road 2 and County Road 19 Brighton, Weld County, Colorado EEC Project No. 1232078 Mr. Demaree: EARTH ENGINEERING CONSULTANTS, LLC As requested, Earth Engineering Consultants, LLC (EEC) personnel have completed the geologic hazards and mineral resources evaluation you requested for the referenced property. Our evaluation was carried out by reviewing readily available data 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 (NRCS) published information. A listing of the references reviewed as a part of this evaluation is included in this report. The referenced property is located in the Southwest 1/4 of the Southwest 1/4 of Section 34, T 1N, R67W of the 6th Principal Meridian, northeast of the intersection of CR 2 and CR 19, in Weld County, Colorado. The development property is approximately 60 acres and is planned for mixed - use commercial lots. 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. 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 545-3908 FAX (970) 663-0282 www. earth -engineering .com Earth Engineering Consultants, LLC EEC Project No. 1232078 September 29, 2023 Page 2 Based on our site review and previous site visit, the site can generally be described as follows. The site is mostly surfaced with vegetation with numerous dirt roads present leading to various oil wells. The site appears to slope to approximately 50 feet of relief from southwest to northeast. 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 is within the Denver Basin, a thick accumulation of Paleozoic and Mesozoic Era sediments involved with the 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. According to the available soil mapping (Natural Resources Conservation Service, 2023), the near surface site soils appear to consist primarily of Nunn loam (Map Unit Symbol 40) with minor areas of Ulm clay loam (Map Unit Symbol 67), and Wiley -Colby complex (Map Unit Symbol 82). Nunn loam is described as soil with clay with lesser amounts of sand and silt. Ulm clay loam is similarly described as soil with majority of clay with minor sand and silt while Wiley -Colby complex is a soil with similar parts of silt and clay with lesser amount of sand (Figure 2). These soils are Earth Engineering Consultants, LLC EEC Project No. 1232078 September 29, 2023 Page 3 considered eolium (Colton, 1978) which is described as windblown deposits of sand, silt (Loess), and clay (Figure 3). The near surface soils are likely underlain by bedrock consisting of Denver and Arapahoe Formations (Tweto, 1979) which consists of sandstone, mudstone, and claystone with local coal beds (Figure 4). Within this area, groundwater depths are suggested at depths ranging from 0 to greater than 80 inches below ground surface. Landslide Potential Landslides as defined by CGS form on a preferential weakness zone causing a 'dry' mass of rock to slide downhill under the pull of gravity. Gradual slopes are present on this parcel and 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 Commission, 2023) indicates the site is located within an identified oil and gas field; furthermore, oil/gas facilities and/or wells are present on the property (Figure 5). Based on the available information, it appears potential oil/gas resources could exist; thus, an evaluation by others would be needed to evaluate the economic value of that potential resource. Coal Mine Potential The project site appears inside 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, 2023). No coal mines were shown on or in the vicinity of the project site. Based on the available information, it appears potential coal resources could exist; however, an evaluation by others would be needed to evaluate the economic value of that potential resource. Radiation Review of the available information indicates that no deposits of radioactive minerals have been identified at the referenced property (Colorado Geological Survey, 2023). Although radioactive minerals were not identified, mitigating radon within site buildings may be necessary. Typically, Earth Engineering Consultants, LLC EEC Project No. 1232078 September 29, 2023 Page 4 radon levels are measured within site buildings after a normal operating routine has been established. Mineral Resources Review of available mineral resource mapping indicates that no sources of critical minerals are inferred at this site (United States Geological Survey, 2023). 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 literature review and previous site visit, geologic hazards do not appear on the property, critical mineral resources are not inferred on the property, and mineral resources do not appear as an economic resource. Resources of oil, gas, and coal appear possible and could be further explored to determine if extraction of those resources are economically viable. Aside from the identified resources, the proposed development appears compatible with the geologic conditions at the site. Geotechnical subsurface explorations are recommended for each building to identify existing subsurface conditions and provide geotechnical engineering recommendations. Pre -mitigation radon control methods, such as sub -slab piping, as well as radon tests should be considered. 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. 1232078 September 29, 2023 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 Consultants, LLC Reviewed by: Zoe Goreski Project Manager Ethan P. Wiechert, P.E. Senior Project Engineer Earth Engineering Consultants, LLC EEC Project No. 1232078 September 29, 2023 Page 6 References Carroll, C. (2006). MS -09 Coal Resources and Development Map of Colorado . Colorado Geological Survey. Colorado Geological Survey. (2023). Colorado Historical Coal Mines. Retrieved from https://cologeosurvey.maps.arcgis.com Colorado Geological Survey. (2023). ON -B -40M Radioactive Mineral Occurances of Colorado. Retrieved from https://cologeosurvey.maps.arcgis.com Colorado Oil and Gas Conservation Commision. (2023). 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. Retrieved by NGMDB Product Description Page (usgs.gov) Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Available online at the following link: http://websoilsurvey.sc.egov.usda.gov/. Accessed [09/26/2023]. 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. Retrieved from NGMDB Product Description Page (usgs.gov) United States Geological Survey. (n.d). Mineral Resources Data System. Retrieved from https://mrdata.usgs.gov/cords/map-graded.html I !! LL+1� tit\ �''!.4".''y'Sl%1'S\ rig titou _ utdoor Storage etJodidi Creek tit'''s' . . . "titi ,witi a ` fit S . 1 1 °0.4,14 Bela 4 i AcNk t, Figure 1: County Road 2 and County Road 19 - Site Location Weld County, Colorado EEC Project #: 1232078 Date: September 2023 °tit +1 Map Unit Legend e:etrzeoticsisittkk41/4:::aWs4 4 '4. \ c \tI4VO4 *NA, °`g. Pair r vs ts* 4':„„it ;.s 7 1►K.'�1. 't 'fin• zAz 't „1/4s0„,,,m4.44.0..„es,. *V, 44,14 :it, is %00011C: N't NAT tit "V ' K + to %\1 'y it " t 1 p t Y I _r 17,k.fr Map Unit Symbol Map Unit Name Acres in A0I Percent of A01 40 Nunn loam, 1 to 3 percent slopes 51.5 86.6% 67 Ulm clay loam, 3 to 5 percent slopes 1.6 2.8% 82 Wiley -Colby complex, 1 to 3 percent slopes 1.1 1.8% 85 Water 5.3 8.8% 100.O% Totals for Area of Interest 59.5 (Natural Resources Conservation Service, 2023) Figure 2: County Road 2 and County Road 19 - NRCS Soil Survey Map Weld County, Colorado EEC Project #: 1232078 Date: September 2023 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC 5 I Odn Project Site ECULTIvis rwawasowN CLAY, SILT (LOESS), SAND, Alsip GRANULES), ), (UPPER HOLOCENE TO BULL LAKE P C ON) Light -bin to reddish -c to olive -gray ,emits of Windblown day, a sand, and granules sand dunes in the east half of the area but also as a blanket of l en Front Range and the South Platte River. Loess is as much as 15 feet (43 r) thick but generally is iess than 3 feet (1 iii) thick and dunes much, as 50 (15. rn) but generally are leu than15 feet (LS ml thick *New term introduced here to include deposits of win-dblown s t noeso and wiryr t sand (dui) granules, and pebbles and gradations between (Colton, 1978) Figure 3: County Road 2 and County Road 19 - Geologic Map Weld County, Colorado EEC Project #: 1232078 Date: September 2023 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC TKda DENVER AND ARAPAHOE FORMAflO'NS—San4stone, mutistone. dune, and conglomerate; Denver is characterized by andesitic materials (Tweto, 1979) Figure 4: County Road 2 and County Road 19 - Geologic Map Weld County, Colorado EEC Project #: 1232078 Date: September 2023 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC J Wens • Well (API Spot) Well Name Well Status Plugged 8 Abandoned (PA) Producing (PR) -. Shut -In (SI) • Temporarily Abandoned (TA O Active Permit (AP) COGCC (J Oil 8 Gas Fields IN Horizontal Fields Fields Wattenberg Field J Roads & Railroads (COOT) — Highways Railroads — Major Roads — Forest Roads Local Roads ® Section, Township, 8 Range (PL Townships Sections ® Aerial Imagery !42019 (NAP) 16800 (Colorado Oil and Gas Conservation Commission, 2023) Figure 5: County Road 2 and County Road 19 - Map of Oil and Gas Wells / Fields Weld County, Colorado EEC Project #: 1232078 Date: September 2023 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC \%. LLD Fart Lupton Frea:ri rk Project Site Valli) F- A LI A, NI 5 C r MIA) akr: E AIDAni s Brighton 9/22/2023, 1157:88 AM _t-ate_L-and_Ecard_fjrliner&l_C' inership O `st 1te &r;rit,r DOILY, 24h _Quad rang ke_E':aundarS C:5--. ether Quad Eicknd.arie43 19144 -Study Area QuadraNI u Lound:3 r1 C unt1 _ aoundaries_DC'LI . Q r•Ith-r f'Aapp-e11 &�uMarr--3 definlie contact, know neotxRe I hii inferre:, buried (dotted) contact appr•Dxi mite (dashed) o:iint.apt neatline lu:stril for del ne::3ti:;in of resourceare•3:sthat end at acounty L•mn',iarn u n.attrit.utµd I inµ, used for clarlfk atbn of tµ.+tual notes 3 ndforrn_I_In'rf_C: assifi �3ti:�n A - al lu vi•al fan E - e oI ian :sand iyci n-i F - fk-xirdplain•d Gciait hr1 - man-made derc:isit: (:stag, tailing:; SFc.iEs, ti::.) - Vth r1 in•ulu'J:s oung1';'rrt rate -3 R- G<tentLai quarry -34N legate re3;AurOe T - stream terrace depsit LI - u plaid deposits • - 1x.311ey fill iIIc.ciplain andiorterrace •dep-:?sits) ▪ - n•ot rad ppfyil Hi=st':�riu_GIuam,_CtrilI_H� iv_and_SarnI;IWL .-atb HS - drill hole 4 other (no data. vail ble) a u 3 n-i :arllpl :site sand f,1 ravel pit 1:C.3,tI 5 OBI a 1 5 0.3 rni Iy II , I I I I I I} 1).13 L125 0.5 km hc;v, hro a, P.R., and thokl n, P.CLI 1- T4, `wand, Grave(, aid Ltiu.arry .A.ggrngat Colorado Fr:Dnt Panie2 Counties,C':�k'racb G oL9ical r,e,, Den•iw r, CbI•ra-iccc, r-ade OeCtagic2I Survey Vi eL•.P,r.2 .uiIiier f;:Jr.(Ir-uGI`-' w.Land I - - e i J J I Q L: I I 1 l'.I L: I [1r. �!;-•.-. -•:I I L'• L'_. PLR, _ .j 1,1 I'._: I . 97. LZ. . Qe el . to Je:s-. ce.�. I. r. w I. •.t I'. - • .d:-. L• 147.11 ice- 54'. .. .� Eur�-3u �:�f 1�13n.�µr�i�.n�, E:5ri, HERE, Rani in, IhJC.F.Ef11Eh�IT P, Interm3G•, I_!.._.[,-_., f.IETIIhJ.�,.=..�,, EPA, I_I.=.D,-s. i ...�h�,..�h.,�ti, ,_•.D. ._.hr.�t�a, :and ,rr:.l..F�in, P.C•., 1.,��, �..3n,i, Gra,�.l, and G.u.3n-� �,:�.�r�].ai�. F.�-y.Jur..�-�, Cr,�E.Jra�:� Fr.�nt R,:3n�_- C,;�untw-s, C��I•..,�r•3...J ��•:�I;��i•�31 ._,ur.�.� , D�-n.�.r, C;:�I•Jr-a•,h•.�, Cr.�l.�r.�i•::: Figure 6: County Road 2 and County Road 19 -Aggregate Resources Map Weld County, Colorado EEC Project #: 1232078 Date: September 2023 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC 111111111111111111111111111111111 mlii 111111111111 1111 2874515 08/14/2001 12:59P JA Suki Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO MEMORANDUM OF SURFACE USE AGREEMENT STATE OF COLORADO ) }ss. COUNTY OF WELD ) This Memorandum is made and entered into this ,1:.' y of , 2001, by and between Robert L. Seltzer Family Trust, ("SURFACE OWNER") and North erican Resources Company, 1700 Broadway, Suite 2000, Denver, Colorado 80290 ("NARCO"). As of the date described above, SURFACE OWNER and NARCO entered into a Surface Use Agreement (the "Agreement") providing for the use of the surface of the lands described below by MARCO in connection with certain oil, and gas operations and the compensation to Surface Owner for all damages (except as provided for in the "Agreement") to the surface of the lands associated with the drilling, testing, completion, recompletion, reworking, reentry, pumping, operation and maintenance of the well:sites to be located in: Township 1 North., Range 67 West, 6th P.M. Section 34: NWRISW/4 Weld County, Colorado This Memorandum of Surface Use Agreement is executed by SURFACE OWNER and NARCO and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Surface Use Agreement is available from NARCO to any person with an interest in the above described land. This agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties, and may be executed in counter parts. SURFACE OWNER Robert L. Seltzer Family Trust imothy Ro •., eltzer, Co -Trustee NORTH AMERICAN RESOURCES COMPANY By: WISISSONNINIS SKLD, Inc. FN SKL17054 WE 2874515-2001.001 f Illlll i1N11111111Illll1111111111111111111111111111111 2874515 08/14/2001 12:59P JA Suki Tsukamoto 2 of 2 R 10.00 D 0400 Weld County CO ACKNOWLEDGMENTS STATE OF flhii4'? COUNTY OF flee, The foregoing instrument was acknowledged before me this_45 _day of Pin y , 2001, by Jack Alden Seltzer, as Co -Trustee of the Robert L. Seltzer Family Trust Witness my hand and official seal. [SEAL] Notary Public My commission expires: dizszAi ter -2,20 ,2-2 STATE OF COUNTY OF Notary Public State of Att7Qfi Navajo County Ronald I Biard Expires Match 1 2003 g � The fore oin r instrument was acknowledged before me this /'Zy of 'U tae. , 2001, by Timothy Robert Seltzer, as Co -Trustee of the Robert L. Seltzer Family Trust. Witness my hand and official seal. Notary Public My commission expires: CITY OF DANVER ) C.1 0.0 ) ss. Y OF DENVER - ) tip' 'w 4�}+l+�� #' � 1 ia i r Li ll �` f, a foregoing instrument was acknowledged before me this day "" i el S. Holland, as Senior Landman of North American Resources Company. as c - '1/2c- �y'Rt ss my hand and official seal. •tsbi a� • 14"/ rr 0 4 [S'EALJ i"}' •`firs:hilflliii" My commission expires: �►Eommissbn Expires 06/01a01 2001, by SKLD, Inc. FN SKL17054 WE 2874515-2001.002 SELTZER PROPERTY- PARCEL 14693400010 Names and addresses of any operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. on the property if applicable. Crestone Peak Resources Holdings, LLC (fly EnCana Oil & Gas (USA)Inc) Attn: DJ Surface Land Department 1801 California Street, Suite 2500 Denver, CO 80202 K.P Kauffman Company, Inc. (KPK) 1675 Broadway, Suite 2800 Denver, CO 80202 United Power 500 Cooperative Way Brighton, CO 80603 Todd Creek Village Metropolitan District 10450 E 159th Ct, Brighton, CO 80602 Weld County Treasurer Statement of Taxes Due Account Number R8976052 Assessed To Legal Description PT S2 34-1-67 LOT B LOT LINE ADM LLA21-0033 Parcel 146934300010 SELTZER ROBERT L FAMILY TRUST 33641 COUNTY ROAD 83 BRIGGSDALE, CO 80611-7808 Situs Address Year Tax Charge 2022 Total Tax Charge Tax Interest Fees Payments Balance $204.22 $0,00 $0.00 ($204.22) $0.00 $0.00 Grand Total Due as of 11/06/2023 $0.00 Tax Billed at 2022 Rates for Tax Area 2504 - 2504 Authority WELD COUNTY SCHOOL DIST RE8 GREATER BRIGHTON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 18.3360000 15,3200000 6.3070000 3.1810000 Amount $52.79 $64.36 $53.77 $22.14 $11.16 58.1820000 $204.22 Values WAREHOUSE/STORAGE- LAND AG -DRY FARM LAND AG -WASTE LAND OTHER BLDGS.- AGRICULTURAL Total Actual $2,132 $9,894 $35 $1,034 Assessed $620 $2,610 $10 $270 $13,095 $3,510 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 that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: "I J Date: 11 joz/2013 1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Hello