HomeMy WebLinkAbout20251283.tiffHT(
H�rItage
Tilde G mpa„
Date:
File No.:
Buyer(s)/Borrower(s):
Property:
Assessor Parcel No.:
8055 E Tufts Ave, Suite 300
Denver, CO 80237
Phone: (303)476-5800 / Fax: (866)300-8568
February 13, 2024
450-HS0828326-412
Coors Energy Company, a Colorado corporation
Vacant Land (194.99 acre parcel), Keenesburg, CO 80643-9647
121536200006 and R8981125
PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING
INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL
PAGE OF THIS COMMITMENT.
To: ENGIE Distributed Solar & Storage
1360 Post Oak Blvd.
Houston, TX 77056
Attn: Janna Thornberry
Phone:
Fax:
Email: janna.thornberry@engie.com
Attn: Travis Armistead
Phone:
Fax:
Email: travis.armistead@engie.com
Attn: Navya Gundeti
Phone:
Fax:
Email: navya.gundeti@engie.com
END OF TRANSMITTAL
Title Transmittal Printed: 02.13.24 @ 03:01 PM by V
COD1101.doc / Updated: 06.26.23 Page 1
C O -C W- F FAH -01610.114124- H S 0828326
CLTA CHAIN OF TITLE GUARANTEE
Guarantee Number:
Issued By:
COMMOnwealthTM
LAND TITLE INSURANCE COMPANY
HS0828326
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee against actual monetary loss or damage not exceeding the liability
amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
Heritage Title Company - Denver Metro Title
8055 E Tufts Ave, Suite 300
Denver, CO 80237
Countersigned By:
/144.7
Terry N. Williams
Authorized Officer or Agent
NpTIT...7.9G
z' SEAL s
OJ........
NEBRAS\vP
Commonwealth Land Title Insurance
Company
By:
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
CLTA Chain of Title (06/06/1992) Printed: 02.13.24 @ 03:01 PM
Page 2 CO-CW-FFAH-01610.114124-SPS-0-24-HS0828326
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance
company for the purpose of defrauding or attempting to defraud the company. Penalties may include
imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or
claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a
settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the department of regulatory agencies.
C. R. S. A. § 10-1-128 (6)(a).
Anti -Fraud Claim Statement Printed: 02.13.24 @ 03:01 PM
Page 3 CO-CW-FFAH-01610.114124-SPS-0-24-HS0828326
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
GUARANTEE NO. HS0828326
ISSUING OFFICE:
Heritage Title Company - Denver Metro Title
8055 E Tufts Ave, Suite 300
Denver, CO 80237
Main Phone: (303)476-5800
SCHEDULE A
Liability
Fee
Title Officer
$135.00
$135.00
Cindy Simpson
1. Name of Assured: Coors Energy Company, a Colorado corporation and ENGIE Distributed Solar & Storage
2. Date of Guarantee: November 20, 2024 at 12:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matters relating
to the interest, if any, which was acquired by
Coors Energy Company, a Colorado corporation
pursuant to a General Conveyance, Assignment and Transfer recorded March 2, 1981 at Reception No. 1851137
in and to the land described as follows:
THE NORTH HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO, EXCEPT THE WEST 100 FEET AND EXCEPT THAT
PORTION OF LAND DESCRIBED IN DEED RECORDED MAY 17, 2001 AT RECEPTION NO. 2849126
AND DEED RECORDED MARCH 1, 2023 AT RECEPTION NO. 4884366 .
Only the following conveyances appear in such records subsequent to August 30, 1972:
Reception No. 1851137
Reception No. 2480989 (State of Colorado Patent)
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto.
2. Instruments, proceedings, or other matters which do not specifically describe said land.
END OF SCHEDULE A
CLTA Chain of Title (06/06/1992) Printed: 02.13.24 @ 03:01 PM
Page 4 CO-CW-FFAH-01610.114124-SPS-0-24-HS0828326
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0828326
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency which
may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records
of the taxing authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to
water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by
reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in
the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or
the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property,
rights or easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or
potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule A and improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this
Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this
Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any
allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in
(b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to
establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this
Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege
matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from
an adverse judgment or order.
CLTA Chain of Title (06/06/1992) Printed: 02.13.24 @ 03:01 PM
Page 5 CO-CW-FFAH-01610.114124-SPS-0-24-HS0828326
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0828326
(continued)
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall
secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's
expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending
the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation,
the Company's obligations to the Assured under the Guarantee shall terminate.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or
damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving
rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or
damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of
the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition,
the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all
records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to
the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the
custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to
the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant
permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the
Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of
a mortgage or a Iienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount
owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase
price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the
Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together
with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense
or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. DETERMINATION AND EXTENT OF LIABILITY
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss
or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions
From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by
this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any
defect, lien or encumbrance assured against by this Guarantee.
8. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has
been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein.
CLTA Chain of Title (06/06/1992) Printed: 02.13.24 @ 03:01 PM
Page 6 CO-CW-FFAH-01610.114124-SPS-0-24-HS0828326
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0828326
(continued)
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. PAYMENT OF LOSS
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act
of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in
respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
12. ARBITRATION
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters
when the Amount of Liability is One Million And No/100 Dollars ($1,000,000) or less shall be arbitrated at the option of either the Company or the
Assured. All arbitrable matters when the amount of liability is in excess of One Million And No/100 Dollars ($1,000,000) shall be arbitrated only when
agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured
and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at:
Commonwealth Land Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Administration
END OF CONDITIONS AND STIPULATIONS
CLTA Chain of Title (06/06/1992) Printed: 02.13.24 @ 03:01 PM
Page 7 CO-CW-FFAH-01610.114124-SPS-0-24-HS0828326
Cr.
e
9 p."
�.O
erg:
tetp
Ft 4;
r g
s.
tu
ova cu
• w
ao
1. CU
.5
1;
a
8
eoo* 929 •
Reoorded of .......��......... o'clock
Rec.ao ----1%51.137!
e2— /
MAR 21981
Stole of Colorado, Weld County Clerk & Recorder
GENERAL CONVEYANCE, ASSIGNMENT AND TRANSFER
Adolph Coors Company, a Colorado corporation (herein
called "Grantor"), for and in consideration of the stock
issued to Grantor by Grantee herein, does hereby sell, convey,
assign, and transfer unto Coors Energy Company, a Colorado
corporation (herein called "Grantee"), the following
described properties, both real and personal, and all
interests therein, to wit:
A. All of the Grantor's interest, whether it be a
fee simple title, a leasehold estate, an option, or some
other form of ownership interest, in and to Sections 25,
26, 35, and 36, Township 3 North, Range 64 West of the
6th P.M., County of Weld, State of Colorado.
B. Any and all licenses, easements, rights of way,
or other interests in and to other real property which are
appurtenant to the land described above in this instrument
but which run over and across other real property situated
in the County of Weld, State of Colorado.
C. Any and all permits, licenses, agreements, or
other rights,excluding any well permits or other water
rights whatsoever, which the Grantor has acquired from the
State of Colorado, the County of Weld, private individuals,
corporations, partnerships, other forms o£ business, or
other governmental agencies and which have been granted,
assigned, or issued to the Grantor herein in conjunction
with its ownership interest or its business operations
conducted on and described above in this instrument.
Grantee is to have and to hold the above -described
property (real, personal, or otherwise), together with all
the rights and appurtenances thereunto belonging, and
Grantor does hereby bind itself to warrant and forever
defend all and singular the above -described properties to
SKLD, Inc. HT SKL18636 WE 1851137-1981.001
Grantee, its successors and assigns,_ against every person
whomsoever lawfully claiming or to claim the same or any part`
thereof.
1981.
ADOLPH C RS;COMPANY
A Colorado C4orporatioli
County of Jefferson )
/ The fore n `instrument was acknowle g
font/_ day 0s e , 1981 b
a'sc L
1 —Tice Pres ent aa""'
the Moll* Coors Company, a_Co ore o corpora
SKLD, Inc. HT SKL18636 WE 1851137-1981.002
PATENT NO. 7988
This patent is made this as6 day of t , 1992, by the STATE OF
COLORADO, by the STATE BOARD OF LAND COMMISSIONERS (State), to COORS
ENERGY COMPANY (CEC), a Colorado corporation, whose address is F.O. Box 467,
Golden, Colorado 80402
WHEREAS, pursuant to a Real Estate Exchange Agreement (Agreement) dated
September 16, 1993, and State approval acknowledged by Board Order No. 93-262, the
parties agreed to exchange lands to enable CEC to obtain state lands it requires for
continuation of its operations in Weld County; and
WHEREAS, under the Agreement, the state land involved is to be conveyed by this
patent to CEC; and
WHEREAS, the lands to be conveyed to the State by CEC under the agreement will
be of equal or greater value to the lands to be conveyed by the State under the Agreement;
and
WHEREAS, the Board of Land Conunissioners has determined that this action is in
the best interests of the trusts it administers;
THEREFORE, in consideration of the land being deeded to the State and other
consideration described in the Real Estate Exchange Agreement, the STATE BOARD OF
LAND COMMISSIONERS hereby grants and conveys to COORS ENERGY COMPANY,
its successors and assigns forever, the following described lands in Weld County, State of
Colorado, to wit:
2480989 B-1537 P-611 03/15/96 01:10P PG 1 OF 3 REC DOC
Weld County CO Clerk & Reorder 16.00
PATENT 7988 1 of 3
��I9��1■111
2)O-1
I�
II
TOWNSHIP THREE NORTH (T. 3 N.). RANGE SIXTY-FOUR WEST (R. 64 W.)
SIXTH PRINCIPAL MERIDIAN (6th P.M.)
WELD COUNTY. COLORADO
All of Section Thirty Six (Sec. 36)
Containing in all Six Hundred Forty (640) acres, more or less, according to
U.S. government survey.
RESERVING, however, to the State of Colorado all rights to any and all minerals,
ores and metals of any kind and character, and all coal, asphaltum, oil, gas or other like
substance in or under said land and geothermal resources, the right of ingress and egress
for the purpose of mining together with enough of the surface of the same as may be
necessary for the proper and convenient working of such minerals and substances.
Subject to any and all easements, rights -of -way, leases and interests heretofore
legally obtained and now in full force and effect, if any there be;
TO HAVE AND TO HOLD the same and above specified, together with all the rights,
privileges, immunities and appurtenances of whatsoever nature thereunto belonging, unto
COORS ENERGY COMPANY and to its successors and assigns forever.
IN WITNESS WHEREOF, I, ROY ROMER, Governor of the State of Colorado,
have caused this patent to be executed and the seal of a State of Colorado to be hereunto
affixed at the City and County of Denver, this day of Ocia Let. , 1993.
CeoputY
✓,
f..
C':
ATTEST:
Secre : of tate
PATENT 7988
2480989 S-1537 P-611 03/15/96 01:10P PG 2 OF 3
1
�1 I
STATE OF COLORADO
Roy Ro:'r, Governor
2 of 3
(STATE SEAL)
STATE OF COLORADO
ACTING BY AND THROUGH THE
STATE BOARD OF LAND COMMISSIONERS
(LAND BOARD SEAL)
State of Colorado
City and County of Denver
PgacA at,-.
Lucy Black Creighton, President
Robert R. Mai'ander, Register
ohn S. es III, Engineer
) ss.
Patent 7988 was acknowledged before me this 2 94-4 day of Oteted- 1993, by
Lucy Black Creighton as President, Robert R. Mailander as Register, and John S. Wilkes
III as Engineer of the COLORADO STATE BOARD OF LAND COMMISSIONERS.
WI S my han - a official seal
William J. K'
Notary Public
My Commission Expires: AUGUST 6,1995
PATENT 7988 2480989 B-1537 P-611 03/15/96 01:10P PG 3 OF 3
EMMENI
lFIi 1
II
I IIIIII 11111 1111111 II 1111111 IIII 11111111 III 11111 1111 1111
2849126 05/17/2001 10:02A JA Suki Tsukamoto
1 of 9 R 45.00 D 13.00 Weld County CO
After recording return to:
Messner & Reeves, LLC
600 17th Street, Suite 2800 -South
Denver, CO 80202
Attn: Ilona L. Dotterrer, Esq.
SPECIAL WARRANTY DEED
Statil Documentary Fee
Dada ,5--1-e/
$ 13,00
COORS ENERGY COMPANY, a Colorado corporation, whose street address is 12th
and Ford Street, Golden, CO 80401, for the consideration of One Hundred Thirty Thousand
Dollars (S130,000.00), in hand paid, hereby sells and conveys to WJW PROPERTIES, LLC, a
Colorado limited liability company ("Grantee"), whose address is 16350 Weld County Road 76,
Eaton, CO 80615, the following real property (the "Land") in the County of Weld, State of
Colorado, to wit:
See Exhibit A, consisting of one page, attached hereto and by this reference incorporated
herein;
RESERVING, HOWEVER, unto Grantor, all water, water rights, ditches, ditch rights,
wells, well rights, non -tributary and not non -tributary ground water and water rights
underlying the Land, together with the right to collect, use, and appropriate all such
ground water within and under the Land; and the delivery to and acceptance of this Deed
shall constitute the irrevocable CONSENT of Grantee as may be required from time to
time by any provision of Colorado law, for the issuance to Grantor, its successors and
assigns, of a permit or permits for the construction of a well or wells to take, appropriate,
use, and produce said ground water and water rights herein reserved, and said
CONSENT shall be binding upon Grantee's successors and assigns, and shall constitute a
covenant running with the Land to the fullest extent permitted by law or equity for the use
and benefit of all other lands of Grantor, and Grantor's successors and assigns, in Section
36, T.3N, R. 6 4W, 6th P.M., Weld County, Colorado; provided, however, that nothing
herein shall be construed as reserving unto Grantor (1) any right to locate wells,
pipelines, storage tanks, or other facilities on the Land, (2) any easement on, over, or
under the Land for the purpose of transporting or storing such reserved water, or (3) any
right to disturb the surface of the Land or any improvements thereon; and
FURTHER RESERVING unto Grantor the Road Easement described in Exhibit B,
consisting of one page attached hereto and by this reference incorporated herein; and
RESTRICTING Grantee's use of portions of the Land as described in Exhibit C,
consisting of two pages, attached hereto by this reference incorporated herein.
Grantor will warrant and defend title to Grantee and its assigns against all persons
claiming by, through or under the Grantor, subject only to taxes for the year 2000, and any liens
for taxes in years subsequent not yet due or payable, and those matters set forth on Exhibit D
consisting of two pages, attached hereto and incorporated herein by this reference.
-vc-7-roc, o 2 . I
1111111111111111111111111111111111111111IIIIIIIIIIIIIIII
2849126 05/17/2001 10:02A JA Sold Tsukamoto
2 of 9 R 45.00 D 13.00 Weld County CO
Signed this 1st day of May, 2001.
COORS ENERGY COMPANY
a Colorado corporation
B
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
hn Schallenkamp, Presid t
The foregoing instrument was acknowledged before me this lid" ^ day of May, 2001, by
John Schallenkamp, as President of Coors Energy Company, a Colorado corporation.
Witness my hand and official seal.
My commission expires: l 1 6 a
,e"r oLA;Mi:3:31uN EXPIRES 11/16/2002
Public
11111111111111111111 1111111 111111111111111111111111111
2849126 06/17/2001 10:02A JA Suki Tsukamoto
3 of 9 R 45.00 D 13.00 Weld County CO
EXHIBIT "A"
LEGAL DESCRIPTION Our Order No. FC200072.1
THE SOUTH 1/2; THE SW 1/4 OF THE NW 1/4; THE S 1/2 OF THE SE 1/4 OF THE NW 1/4;
THE S 1/2 OF THE SW 1/4 OF THE NE 1/4; AND THE S 1/2 OF THE SE 1/4 OF THE NE
1/4; AND THE N 1/2 OF THE SE 1/4 OF THE NE 114, EXCEPT THE WEST 100 FEET; ALL
IN SECTION 36, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M., WELD COUNTY,
COLORADO.
111111 IIIII 1111111 II 1111111 IIII IIIIIYIII IIIII IIII IIII
2649126 05/17/2001 10:02A JA Sukl Tsukamoto
4 of 9 R 45.00 D 13.00 Weld County CO
EXHIBIT B
ROAD EASEMENT RESERVED UNTO GRANTOR
Grantor hereby reserves unto itself and its assigns a perpetual non-exclusive Easement as described
below, over, under and across an existing roadway for purposes of ingress, egress and access by
vehicular traffic over the Land. The benefits and burdens of this Easement shall run with the Land
and be binding upon and inure to the benefit of Grantor's and Grantee's successors and assigns.
A tract of land sixty (60) feet wide in Section 36, Township 3 North, Range 64, West of the 6'h
P.M., Weld County, Colorado, the centerline of said 60 foot wide tract of land is described as
follows:
From the Southwest corner of said Section 36;
thence N 00°00'00" E 233.15 feet to the Point of Beginning;
thence N 16°53'10" S 82.27 feet;
thence N 25°30'40" E 132.21 feet;
thence N 33°49'38" E 97.93 feet;
thence N 42°07'01" E 151.44 feet;
thence N 53°25'22" E 168.18 feet;
thence N 64°40'51" E 150.37 feet;
thence N 73°54'40" E 113.94 feet;
thence N 77°48'53" E 2101.10 feet;
thence N 77°44'39" E 1910.71 feet;
thence N 73°17'37" E 15790 feet;
thence N 62°21'36" E 152.17 feet;
thence N 49°41'34" E 211.86 feet;
thence N 37°16'46" E 146.55 feet
thence N 26°39'55" E 154.00 feet;
thence N 16°39'16" E 142.64 feet;
thence N 07°04'09" E 118.73 feet;
thence N 00°09'51" E 2451.19 feet;
thence N 03°58'01" W 239,28 feet;
thence N 07°32'32" W 142.73 feet;
thence N 10°18'26" W 77.50 feet to the Point of Terminus, said point being on the North line of
said Section 36, from whence the Northeast corner of said Section 36 bears N 89°15'28" E 110.69
feet. Said tract contains 12.584 Acres, more or less. The basis of bearings for this Road Easement
description is the South line of the NE 1/4 Section 36, Township 3 North, Range 64 West, said line
bears N 89°21'04" E.
411111111111111111111111111111111111111 III VIII 11111111
2849126 05/17/2001 10:02A JA Sukl Tsukamoto
5 of 9 R 45.00 0 13.00 Weld County CO
EXHIBIT C
RESTRICTIONS ON USE OF PROPERTY
I. Restriction on Use of Parcels Under Permit. Grantee, for itself, its successors and
assigns, acknowledges and agrees that the three parcels described below which are located
on the Land conveyed by this Special Warranty Deed, are subject to certain reclamation
conditions required by a permit issued to Grantor by the State of Colorado Division of
Minerals and Geology (the "State"). Grantee, for itself, its successors and assigns,
hereby agrees that it will not use for any purpose or disturb in any manner, including but
not limited to, any disturbance to the surface and subsurface the three parcels until
Grantor notifies Grantee in writing that the State has released the reclamation conditions,
or for ten years from the date of recording of this Special Warranty Deed, whichever is
earlier. The restriction in this Part I shall run with the land.
Parcel 1 Baseline Vegetation Plot, labeled on drawing as Small Area Exemption
(SAE) #2A. (SEE DRAWING, Appendix A, PERMIT AREA MAP)
From the southeast corner of Section 36, thence N. 68° 58' 38" W,
3186.54 feet to point of beginning, being a point on the northerly line of a
60 -foot roadway easement; thence N 19° 26' 47" W, 490.76 feet; thence S
77° 42' 52" W, 300.11 feet; thence S 19° 18' 25" E, 490.08 feet; thence
N 77° 48' 53" E, 301.38 feet to the point of beginning, containing 3.35
acres, more or less.
Parcel 2
Parcel 3
Baseline Vegetation Plot, labeled on drawing as Small Area Exemption
(SAE) #2. (SEE DRAWING, Appendix A, 60' ACCESS ROAD
EASEMENT, SHEET 5 of 5)
From the SE corner of Section 36; thence N. 58° 05' 54" W, 2434.10 feet
to the point of beginning, being a point on the southerly line of a 60 -foot
roadway easement, thence N 77° 44' 39" E, along said line, 512.03 feet;
thence S 00° 10' 57" E, 338.86 feet; thence S 89° 44' 56" W, 500.28
feet, thence N 00° 17' 12" W, 232.36 feet to the point of beginning,
containing 3.282 acres, more or less.
Topsand Pile #1, labeled on drawings as Small Area Exemption (SAE) #1.
(SEE DRAWING, Appendix A, 60' ACCESS ROAD EASEMENT,
SHEET 5 of 5)
From the southeast corner of Section 36, thence N 13° 18' 54" W,
1822.48 feet to the point of beginning, being a point on the northwesterly
line of a sixty -foot roadway easement; thence N 35° 14' 39" W, 95.11
feet; thence N 28° 57' 12" E, 601.45 feet; thence S 87° 22' 14" E, 97.65
feet to a point on the westerly line of said roadway easement; thence
111111111111 111111 11111111111 1111111111111 2$49126 05/17/2001 10:02A JA Sukl Isukamoto
6 of 9 R 45.00 D 13.00 Weld County CO
southwesterly along said line the following five courses and distances: 1) S
07° 04' 09" W, 113.06 feet, 2) S 16° 39' 16" W, 137.50 feet, 3) S 26°
39' 55" W, 148.59 feet, 4) S 37° 16' 46" W, 140.50 feet; 5) S 49° 41'
34" W, 171.40 feet to the point of beginning, containing 2.115 acres,
more or less.
II. Restriction on Residential Development. Grantee, for itself, its successors and assigns,
hereby agrees that the following described portion of the Land conveyed by this Special
Warranty Deed shall not be used for any type of residential development, including but
not limited to, any single family or multifamily structures, apartments, condominiums, or
any type of improvement or structure used for residential purposes, however configured
or zoned, for a period of ten years from the date of recording this Special Warranty Deed:
The Southwest Quarter of the Northwest Quarter; the South Half of the Southeast Quarter
of the Northwest Quarter; the South Half of the Southwest Quarter of the Northeast Quarter;
and the Southeast Quarter of the Northeast Quarter; the South Half of the Southeast Quarter
of the Northeast Quarter, and the North Half of the Southeast Quarter of the Northeast
Quarter, EXCEPT the West 100 feet of said Half Quarter Quarter;
All in Section 36, Township 3 North, Range 64 West of the 6`h P.M., County of Weld, State
of Colorado.
I 111111 11111 1111111 II 1111111 IIII 1111111 III nisi inuni
2849126 05/17/2001 10:02A JA Su ki Tsukamoto
7 of 9 R 46.00 0 13.00 Weld County CO
EXHIBIT D
PERMITTED EXCEPTIONS
I. Taxes not yet due and payable.
2. The following exceptions set forth on the Title Commitment:
2.1. Rights of claims of parties in possession not shown by the public records.
2.2. Easements, or claims of easements, not shown by the public records.
2.3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the premises would disclose and
which are not shown by the public records.
2.4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter
furnished, imposed by law and not shown by the public records.
2.5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof
but prior to the date the proposed insured acquires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
2.6. Taxes and assessments not yet due or payable and special assessments not yet
certified to the Treasurer's office.
2.7. Any unpaid taxes or assessments against said land.
2.8. Liens for unpaid water and sewer charges, if any.
2.9. Any claim, which arises out of the transaction creating the interest of the mortgagee
insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditor's rights laws.
2.10. RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY IN
INSTRUMENT RECORDED MARCH 17, 1909, IN BOOK 296 AT PAGE 149.
2.11. RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL OIL
COMPANY IN INSTRUMENT RECORDED SEPTEMBER 28, 1931, IN BOOK
920 AT PAGE 627.
2.12. OIL AND GAS LEASE RECORDED JUNE 30, 1969 UNDER RECEPTION NO.
1526807 IN BOOK 605 AND ANY AND ALL ASSIGNMENTS THEREOF, OR
INTEREST THEREIN.
11111111131111111111311411111111111111111141114111
8 of 9 R 46 00 D 13 00
0 02A JA Suki Weld County CO amato
2.13.
OIL AND GAS LEASE RECORDED APRIL 12, 1972 UNDER RECEPTION NO.
1587454 IN BOOK 665 AND ANY AND ALL ASSIGNMENTS THEREOF, OR
INTEREST THEREIN.
2.14. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT OF
PRODUCTION RECORDED JULY 10, 1978 AT RECEPTION NO. 1759559 IN
BOOK 838.
2.15. RIGHT OF WAY EASEMENT AS GRANTED TO INDUSTRIAL GAS
SERVICES INC. IN INSTRUMENT RECORDED OCTOBER 09, 1973, UNDER
RECEPTION NO. 1622696 IN BOOK 701.
2.16. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF
CONTRACT RECORDED OCTOBER 04, 1974 AT RECEPTION NO. 1646043
IN BOOK 724.
2.17. RIGHT OF WAY EASEMENT AS GRANTED TO INDUSTRIAL GAS
SERVICES INC. IN INSTRUMENT RECORDED NOVEMBER 26, 1974,
UNDER RECEPTION NO. 1649235 IN BOOK 727 AND AMENDED AUGUST
28, 1975 AT RECEPTION NO. 1668412 IN BOOK 746.
2.18. TERMS, CONDITIONS AND PROVISIONS OF KEENESBURG MINE SITE
MAP RECORDED JULY 02, 1980 AT RECEPTION NO. 1829039 IN BOOK
907.
2.19. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT PLAN MAP
RECORDED FEBRUARY 10, 1981 AT RECEPTION NO. 1849391 IN BOOK
927.
2.20. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED SEPTEMBER 10,
1981, UNDER RECEPTION NO. 1868639 IN BOOK 947.
2.21. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED
APRIL 15, 1993 AT RECEPTION NO. 2329218 IN BOOK 1379.
2.22. RIGHT OF WAY EASEMENT AS GRANTED TO GUTTERSEN & COMPANY
IN INSTRUMENT RECORDED JANUARY 05, 1994, UNDER RECEPTION
NO. 2367677 IN BOOK 1421.
2.23. ALL OIL, GAS, MINERALS AND OTHER MINERAL AND MINING RIGHTS
AS RESERVED IN INSTRUMENT RECORDED MARCH 15, 1996, UNDER
RECEPTION NO. 2480989 IN BOOK 1537.
2.24. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL REVIEW PERMIT
RECORDED FEBRUARY 19, 1998 AT RECEPTION NO. 2594953.
111111111111111111111111111111111111111 III 1111111111111
2849126 05/17/2001 10:02A JA Suki Tsukamoto
9 of 9 R 45.00 D 13.00 Weld County CO
2.25. ANY LOSS OR CLAIM DUE TO FENCE LINES VARY FROM PROPERTY
LINES ALONG THE WEST AND SOUTH LINES AS SET FORTH ON
SURVEY NO. 8548-01-0001 DATED JANUARY 10, 2000, BY LAND
SURVEYORS OF COLORADO.
PATENT NO. 7988
(Iv '( 0,
ti' � r�
.:. .. , �r
_`
t ,>,, , N
f
► � `` a •
This patent is made this as6 day of t , 1992, by the STATE OF
COLORADO, by the STATE BOARD OF LAND COMMISSIONERS (State), to COORS
ENERGY COMPANY (CEC), a Colorado corporation, whose address is F.O. Box 467,
Golden, Colorado 80402
WHEREAS, pursuant to a Real Estate Exchange Agreement (Agreement) dated
September 16, 1993, and State approval acknowledged by Board Order No. 93-262, the
parties agreed to exchange lands to enable CEC to obtain state lands it requires for
continuation of its operations in Weld County; and
WHEREAS, under the Agreement, the state land involved is to be conveyed by this
patent to CEC; and
WHEREAS, the lands to be conveyed to the State by CEC under the agreement will
be of equal or greater value to the lands to be conveyed by the State under the Agreement;
and
WHEREAS, the Board of Land Conunissioners has determined that this action is in
the best interests of the trusts it administers;
THEREFORE, in consideration of the land being deeded to the State and other
consideration described in the Real Estate Exchange Agreement, the STATE BOARD OF
LAND COMMISSIONERS hereby grants and conveys to COORS ENERGY COMPANY,
its successors and assigns forever, the following described lands in Weld County, State of
Colorado, to wit:
2480989 B-1537 P-611 03/15/96 01:10P PG 1 OF 3 REC DOC
Weld County CO Clerk & Reorder 16.00
PATENT 7988 1 of 3
��IO��I■111
I�
11
II
TOWNSHIP THREE NORTH (T. 3 N.). RANGE SIXTY-FOUR WEST (R. 64 W.)
SIXTH PRINCIPAL MERIDIAN (6th P.M.)
WELD COUNTY. COLORADO
All of Section Thirty Six (Sec. 36)
Containing in all Six Hundred Forty (640) acres, more or less, according to
U.S. government survey.
RESERVING, however, to the State of Colorado all rights to any and all minerals,
ores and metals of any kind and character, and all coal, asphaltum, oil, gas or other like
substance in or under said land and geothermal resources, the right of ingress and egress
for the purpose of mining together with enough of the surface of the same as may be
necessary for the proper and convenient working of such minerals and substances.
Subject to any and all easements, rights -of -way, leases and interests heretofore
legally obtained and now in full force and effect, if any there be;
TO HAVE AND TO HOLD the same and above specified, together with all the rights,
privileges, immunities and appurtenances of whatsoever nature thereunto belonging, unto
COORS ENERGY COMPANY and to its successors and assigns forever.
IN WITNESS WHEREOF, I, ROY ROMER, Governor of the State of Colorado,
have caused this patent to be executed and the seal of a State of Colorado to be hereunto
affixed at the City and County of Denver, this day of Ocia Let. , 1993.
CeoputY
ATTEST:
Secre : of tate
A^r
STATE OF COLORADO
Roy Ro:'r, Governor
(STATE SEAL)
2480989 S-1537 P-611 03/15/96 01:10P PG 2 OF 3
PATENT 7988
1
2 of 3
11111
STATE OF COLORADO
ACTING BY AND THROUGH THE
STATE BOARD OF LAND COMMISSIONERS
(LAND BOARD SEAL)
State of Colorado
City and County of Denver
PgacA at,-.
Lucy Black Creighton, President
Robert R. Mailander, Register
ohn S. es III, Engineer
) ss.
Patent 7988 was acknowledged before me this 2 94-4 day of Oteted- 1993, by
Lucy Black Creighton as President, Robert R. Mailander as Register, and John S. Wilkes
III as Engineer of the COLORADO STATE BOARD OF LAND COMMISSIONERS.
WI S my han - a official seal
William J. K'
Notary Public
My Commission Expires: AUGUST 6,1995
PATENT 7988 2480989 B-1537 P-611 03/15/96 01:10P PG 3 OF 3
lFIi 1
Hello