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Home My WebLink About20231741.tiff4 48`4302 10/31/2022 0 'o PM tal Pages: 2 Rec Fe2$18.00 Doc Fee: $1 eCarly Koppes - Clpl id Recorder, Weld 4 \Special Warranty Deed (Pursuant to C.R.S. 38-30-113(1 State Documentary Fee Date: October 28, 2^" $100.00 ..Grantor(s), ELEANOR C. CI whose street address is 41 NTY ROAD 3, ERIE, CO 8 County of Weld and State Qfrado , for the consideration , 00,000.00) ***One Million aid, hereby sell(s) and conve th JEFFREY ROBERT RUMMED RACHEL CHRISTINE RU street address is 4121 COU OAD 3, ERIE, CO 80516, own of ERIE, County of Wel following real property in ounty of Weld and State of C o, to wit: See attached "Exhib " also known b et and number as: 4121 CO JN ' ROAD 3, ERIE, CO 80516 OQA CO with all itpurtenances and warrant(s) the to the same against all personsiming under me(us), subject to � ory Ex�s. w ed this day of '16t J ' O O \o/ ity or Town of /100*** dollars, in hand , as Joint Tenants whose to of Colorado, the ELEANOR C IRIACO lct °Yr L�Cc ounty of Lee_ The foregoing instrume acknowledged before me on Witness my hand d cial seal Site" Pr° My Commissi expires: 2 . 1 -7- Zo 2 Q eans Of'�C physical O�b� or [ 1 o utex O O� C9 C9 Q4 Q� jss. O� 1, y of Oal) r4L ", by ELEANOR C. CIRIA C Drr✓�ir`1 i cee a-5 fps feca O Notary Public 1xXi AnkeSL XIAXI NIKESCH Notary Public - State of Florida Commission # GG 356403 My Comm. Expires Jul 17, Bonded through National Not 4 COQ COQ b b 4 4 When recor eturn to: JEFFREY ROBERUMMER AND RACHEL CHRISZ.b RUMMER 4121 COUNTY FliAD 3, ERIE, CO 80516 ooJO�� O�� ooJO�� 1090 closing/deeds/statuto d statutory.htmi 2 191 0076) 4 COQ COQ b b O' o'. Q e o'. 1111111111111 it1II. oQ� P A: 0�T A, RECORDED EXEMPTI 852, BEING A PART OF TH PRINCIPAL MERIDIAN, C PARCEL B: 486 4> 10/31/2022 02:03 Pg of 2 Exhibit A ob 1467-74 RE 351, RECOR OVEMBER 30, 1978 UNDER(EPTION NO. 1774360 IN B THEAST QUARTER OF SE 7, TOWNSHIP 1 NORTH, RAE 68 WEST OF THE SIXTH OF WELD, STATE OF CO DO. OQ0� STQOM CO CO A PARCEL oPAND SITUATED IN THE SOUTHST QUARTER OF SECTION 7, "Zii,NNSHIP 1 NORTH, RANGE 68 WESST OF THE 6TH PRINCIPRIDIAN, COUNTY OF WEL TATE OF COLORADO, BEING ' PARTICULARLY DEsCRIB FOLLOWS: DOO ING AT THE SOUTHWEST R OF LOT A, RECORDED TION NO. 1467-7-4-RE351, POINT ALSO BEING ON O OUTHEAST LINE OF THE PACIFIC RAILROAD RIGHT AY; THENCE NORTH 89°0 EST, ALONG THE SOUTH O NE OF SAID LOT A EXTEND EST A DISTANCE OF 179.90 TO A POINT 50 FEET, MEA D PERPENDICULARLY, o SOUTHEAST OF THE CE E OF SAID RIGHT -OF -WA NCE ALONG AN ARC 50 F EASURED PERPENDICU SOUTHEAST OF SAID C RLINE AND ALONG A 1382.6 OT RADIUS CURVE TO THE T (SAID CURVE HAVING A CENTRAL ANGLE O °49'02" AND A CHORD BEAR!N NORTH 56°16'11" EAST A DI T NCE OF 1120.73 FEET) AN AFENGTH OF 1153.93 FEET . a 'POINT ON THE WEST RICH WAY LINE OF WELD COUN AOAD NO.3, SAID POINT BEIN 3 .00 FEET, MEASURED P P: DICULARLY, WEST OF THE., LINE OF SAID SOUTHEA Q ARTER; THENCE SOUTH 0 '® 3" EAST ALONG SAID �: ST RIGHT-OF-WAY LINE A DISTANCE OF 151.26 FEET TO A P.4 ON THE SOUTHEASTERLY UNE AND ALONG A 1232.66 RADIUS CURVE TO THE L SOUT 01'19" WEST A DISTANCE OF , STATE OF COLORADO. 4 O AID CURVE HAVING A CEN .58 FEET) AN ARC LENGT O4 @O C090 closing/deeds/statutor/intO tutory.html ANGLE OF 42°36'08" AND RD BEARING 16.55 FEET TO THE POINTS GINNING, COUNTY O4 @O . 25 01291 (100310076) RECORDING AND WHE UESTED BY @ CORDED MAIL T# Regio ransportation Distric 160 ake Street er, CO 80202-1399 (2 ffo ttn: Marla L. Lien, " No Docu entary Fee Required — eR0 rded in Weld County OiV26/2009 11:57 A Op.Page: 1 of 13 ab Steve Moreno, CI:�'' and Doc Id: 3632827 Receipt#: 7419520@ Total Fee: $66. �y Recorder O Q4 ab O. ' O rantee is a Governme> antity 0 QUITCLAIM D O0b County of WG olorado O O F Id and valuable co ration, the receipt . 1.ifficiency of which hereby ackno ged, Union Pacific oad Company, a D .� • e corporation ("Gr remises, rele s and quitclaims to Re nal Transportation Dist, a political subdivi 4 4 lorado ("Grantee") Jdse legal address is right, title, interest, and demand that County of Weld, St t Colorado, as more a. eto and by this refemade a part hereof <> thereon and other a enances thereto, incl (collectively, the " perty"), in as -is condi and reservatio forth below. Grant ■ portion of tor's federally grant pursuan 4 the provisions of 43 right - ay to certain Bove without limitation, , subject to, inter all. d Grantee acknowle ilroad right-of-way, C.§ 913, which autho entities for use as a EXCEPT from this quitclaim ffoand assigns (includin% out limitation, less Grantor) forever, al ni inerals and all mi Q without limits mall oil, gas, sulfur, it caliche, rock ale, gravel, and other under th below righ* ereto, together with ose of said minerals ffo ut without entering damage the surfac passenger co subsurface ur) Qe ALSO EXCEPT sucrs and assigns (incl lisees of Grantor) forev�r 4a11 ,) (00253715.DOC 3) O�� Q� Q� roperty) now known t xist or hereafter discovered surface, including, ,;out limiting the gene sole, exclusive and y means or methods or using the surfac said property or to r rail service or to intended use thereof Blake Street, Denv, r has in and to that cularly described in ether with improvep s, if any, located rips, gaps and gores�ff0 exclusions, excepti at part of the Prope that this quitclaim s the transfer of a po lic highway. O SERVING unto Gr, its successors ublessees, easement ers and licensees of rights of every kin<<d character (inclu e, coal, lignite, ur limestone, building erals (whether or no ike kind or characte, Wand ive hundred (500) f7t or more I of the foregoing, o d gas and tual right to explore t° remove and ble to Grantor, its su sors and assigns, the Property, and in ri ! 0 manner as not to r safety of Grantee* promise the freque erwise materially rantee. from this quitclai without limitation, surface and subsur f the • olorado rty, located bit A attached a ade of such ere with the surfacer RESERVING unt es, sublessees, ease water rights pertainiu antor, its owners and appurtenant to ffoo Q�RoG ,C0 Q or used in co granted by e vehicul d pedestrian access i of t, o se, enjoyment, mai h�r er, that the Water %f* Property or to corn �� service or to other c � thereof by Grantee O ion with the Prope rnents or judgments Jth successo licens , over, under, across ce, operation and shall be utilized in ise the frequency o aterially interfere SO EXCEPTING and assigns (includin of Grantor) forever, a and upon, over, through an& across the Property (f*urposes of this Railr oa erty may also be he�'. ` er referred to as th tailroad Easement eas Grantor and it (collectively, the terms of the "Shared U relocate,grade, renew, replacaan railro . elated equipment, fac the ment Users' local frei portion of the Prope ared Use Agreeme Railroad Facilities pursuant to the amending or, its ers and nt") in, on, sement, the erty"), in which ees, sublessees, eas �t owners, licensees ssors and assigns �0 'ement Users") shall e the right to own, ss and, subject to t) d Use Agreement b en the parties dates even date herewit greement"), to use e, construct, recon maintain, repair, or remove, existinan• or future railroad es and transportation + ems (the "Railroad rail operations. Grand hall be prohibited frog r freight rail purpos ithout Grantor's pri ted to Easement U ed Use Agreement dying any existing a c(ii) unless otherwise all tten consent, rem operations, or (iii) out Grantor's prio ent (including but n ate, ac and inties ") for ) using all or pursuant to the or modifying the otherwise allowee� tten consent, enlar mited to any relocati or other alte do to any improveme pe itted thereby), or elate g into any new agr mei1t, that perm 5rLilows any improvem ithin the Railroad Ea ent Property. Q In e event that Grantao tains and exercisest ndonment authority bfii the Surface �1ansportation Board in) ding without limitati satisfying all conditi o exercising such . authority), then (a) ailroad Easement s erminate as to the R d Easement Propert so abandoned, •.i4' b) Grantor shall q ' 'm (subject to a re lion of Grantor's o eremaining ea ° t interests in the ar ° his Railroad Easem : y°s n such Railroad Ea n Property to ntee. 4} 4 Gran nay assign the Railr cfl Easement, in whole (wh i shall not be unreaso1bly withheld, conditio iiiYan the financial vial)" �ffo assignee shall take s * to all revenues 0 affecting the Ri. eR0 rded in Weld County Doc Id: 3632827 OiV26/2009 11:57 A Receipt#: 7419520@ age: 2 of 13 ab Total Fee: $66. Steve Moreno, CI:�'' and Recorder this quitclaim and 'thout limitation, less etual, exclusive ease n part, with the con of Grantee or delayed, and shallte based solely @ of the proposed ass , to any other perso ovided that such �b , as applicable, to thed Use Agreement. for shall be entitled4�O e d from all current : ture agreements tc,* lch Grantor is a p ad Easement Propert 0 .4) .4) 4 ALSO EXCEPTIINM succe .o s and assigns forever to Railroad Facilities 1 hed hereto and by ff% (00253715.DOC3} O� eluding without lim'.,� 'in, water rights rese or ater Rights"), to: er with a perpetual ease nt for through the Property ` ► purposes ss to the Water ' ' sr .; provided c i manner as not to dama the surface of ety of Grantee's pacer commuter rail e surface or subs u use or intended use ERVING unto Gr sublessees, easement t (the "Railroad Eas om this quitclaim d 1ESERVING unto Aran or, its right, title, interest, cl. • d demand that Gra 'has in and Q ed on the Property an, ° ore particularly descr in Exhibit B reference made a hereof, and reservincall rights to own, nts which including or Grantor's OO° relates to any of d the income to °o O 3 1 itation of), and with c .rejudice to or limita in ty provisions or leg �. emedies in this Quitcli M eed or any other re quity, and subject t4ny limitations specifi Regional Transport defend and indemnii f s and employees (coil or Losses (as define age to property, wit ement, Grantee agre pective officers, direct ms, suits and dem y any person, and/o rantor's MP 8.2 and of ies at District rantor and vely, "Grantor in) arising out of ect to the portion of 32, and with respect uch other portions of O Property as m I deemed included he er from time to time 4antee also agrees to and indemir nrantor Indemnitees mist all claims, suits . a -mands for Losses ar of injur r death sustained by4ii)y person and/or dam* to property, with re porti f the Property betwe of tI4 line near MP 33.17 in for the operation an O" or the construction however, in the Transportation authority fob includedi I the immediately pr Gran Via° . d its related entities all rims, suits and demand r Losses arising out or damage to prope with respect to the po 0fand MP 8.2, and bet MP 32 and the end llo Spur, when such did not arise out of and/or prese of Grantee's infras STB gra s iscontinuance or aba do1iInent authority for jrt of such property,, e` subject prope all thereafter be dea d to be omitted fron his sentence. For pui es of this Qu{ im Deed, the term " or "Losses" shall all losses, damages, ns, demands, s, liabilities, udgme d civil penalties, fee �xpenses of any na arising out of or O�l ;p02i3715.DOC3} O�l O�l 3 O�l o° o° o° o° construct, rec existing an Agreem Without limit ight to use the Prope uitclaim Deed, and applicable laws. � °cept with respect to reserved mineral ri expressly reserved b limitation, rentals an ecessors in interest. raptors reservations Grantor, but Grante any other law or cont a in the Shared Use or's affiliates and the,r °emnitees") against a 00 injury or death sust ll the Property betw and maintenan public passenger rai 4 relating tc th incom wit `i oQ° 4 ct, install, maintai ture improvements eRrded in Weld County cDoc Id: 3632827 OiV26/2009 11:57 A Receipt#: 741952.00' 0O°p�age: 3 of 13 ab Total Fee: $66. Steve Moreno, CI:�'� and Recorder � o� o �v pect, repair, operat fie, relocate and/or r °e Railroad Facilities, inordance with the Sh Use 0 0 0 (oQoQ ' {he foregoing, Granted its successors and as s shall have n any manner not in stent with Grantor's r reserved in this Grantor's rights uncle Shared Use Agreed and consistent with 0O > r- 00 come generated by axisting or future agr is the Water Rights . . o the Railroad Easenint antor), Grantee shal. ° : ` entitled to all inco ense fees) from any �Ights granted by Gr tee agrees that if Grace receives any income s Quitclaim Deed, c�N ntee will promptly have no obligatio �1M llect such income. �` ddition to (and not rantor's MP 0.2 and ing the Lakeside Spuriv ntenance of public pa or presence of the Surface Transp any successor agen y part of such prope 8.2, and between MP en such Loss would rkit ger rail service by Gr out ct to the and the end ave occurred e on the Property s infrastructure on 'Property; provided ion Board of the Ui States Department e "STB") grants d'' 'iItinuance or abando e subject property . ! thereafter be dee t be ding sentence. Gran agrees to defend an • emnify the officers, director fem, against any person, Grantor's MP 0.2 tiding the Lakeside O0 dless of the operati0 operty or the constru ed however, in the ey the employees of any of ury or death sustain of the Property betw e line near MP 33A ould have occurred ice by Grantee on th on the Property; pr In in connectior•`h the death of or in' (includin re shall i attr it and replacement -xp e without limitatio le to spills, emissio re�xv nues of Grantor, redu es hereto to the e or destruction of pr cause of such 1 adjustment - reasonable atrneys' and expert with of, and of -pocket expenses dire such investigatio s `mss and wages of er p1 ectly in such work. n0 which, when s constitute GAO eRO rded in Weld County OiV26/2009 11:57 A Op.Page: 4 of 13 OO Steve Moreno, CI:�'' and Doc Id: 3632827 Receipt#: 7419520@ Total Fee: $66. �y Recorder to persons, or dama ses) and/or natural 1 investigation costs, ischarges or other re are box revenues o e party claiming s y, or disruption of (iii) costs and exp fense of any claim, es 0 �0 or destruction of rces. "Loss" or "L up costs, and rem s of hazardous mate antee, and other eco sses can demonstrat t or passenger rail s s incurred in conne appeal or arbitratio rtY ss- ' also ion costs (ii) reduced c losses of the ;t either damage to 0 O e, was the proximate with the investigat fining to a Loss, in fees, and (iv) salaries wages and associated ed by or with respec .it employees of either ustment and defense d a reasonable amo ees providing supp¢ rvices to such emp 00 g nefits engaged f allocated es so engaged Thi uitclaim Deed may ecuted in one (1) or re counterparts, each @tecuted, shall be deem be an original. S ) counterparts shall to one and the same inent. f. (00253715.DOC 3) BOO CO O�0 �0�00 4 *c" iii, ITNESS WHE Deed as o th 5th day of June, Dr @e @e ,.., ,o'--0�Off*' 0�O,o'-- GAO OO TT 0 EST: By: 0i ; s4ilrASEAP - O�0 �� By: Name: eTitle: @ O�0 eRO rded in Weld County Doc Id: 3632827 OiV26/2009 11:57 A Receipt#: 741952.0@ age: 5 of 13 OO Total Fee: $66. Steve Moreno, CI:�'' and Recorder �O Grantor and Grante e executed this UNI ACIFIC RAILRO are corporation 0f • O�O ��0 APPROVED AS THE REGIONAI, ..-� QO �O O� O� Secrr try @ O By: Ta GAO O�O T GAL FORM FOR O�O Lega Counsel. O�O �O �O O� O� O� O� SPORTATION 4 (00253715.DOC 3) DISTRICT, O O O 0 O e itical subdivision of �tate of Colorado O ,PANY MPANY � o" NY K. LOVE Assi Vice President — Real FSt O�0 AL TRANSPORT By: Name: Title: G O�0 RICT: anager 4 0` �� STATE OF SKA COUN `�•F DOUGLAS ($r' On .ju,nc .fpersonally appeare PACIFIC RA to me on +>1 within i cap eRrded in Weld County Doc Id: 3632827 612009 11:57 A Receipt#: 7419520@ .Page: 6 of 13 ab Total Fee: $66. �y Steve Moreno, CI:�'' and Recorder �O , 2009, before me, •�� y Public in and for ny k. Loa f,. O and C,T, and the � �lf S�'A Secretary �J - Ra."r , S` �. � 4 AD COMPANY, a are corporation, pe ly known to me (or sis of satisfactory evidce) to be the persons w se names are subscribe ent, and acknow d to me that they e c ted the same in the' s, and that by their si es on the instrumer, persons, or the entit wli the persons acted, er ed the instrument. �(9 WITNESS O. My Co is§unn expires: ff0 SEAL) lie Q9 Q9 O Q9 {00253715.DOC 3} O� 9d and official seal. (F uySl- 1:1,. 4 Q9 O Q9 O 6 4 4 b b County and State, who are th LO spectively, of UN ed o the thorized behalf of Q9 Q9 Q9 Q4 Q4 4 Q O 4 Q O 4 Q O eRO rded in Weld County 612009 11:57 A Op0.Page: 7 of 13 ab Steve Moreno, CI:�'' and eda2 ged before me thi anager of the RE e State of Colorado. OO official seal. @C OQ Flo O� 0O O 00 Doc Id: 3632827 Receipt#: 7419520@ Total Fee: $66. �y Recorder day of V ii-sa2 ,. AL TRANSPORT OO O 0` � ON STATE OF COLORADO err' OTY OF bE 42 OHO O� The fore g instrument was ac by U, tt), etfot as Gen DISTRIC �p I t l bd n � o i ica subdivision 4 WITNESS my hand 0000 My Commis O Notary P (SEA) O 01AR) p BBC 04 O 04 O OQ rded in Weld County Doc Id: 3632827 0 612009 11:57 A Receipt#: 741952.00' eRO O image: 8 of 13 O Total Fee: $66. 4f. .,Z' Moreno, CI:�''�aand Recorder 0 exhibit A (A r4 ed to and made a p 4the Qui ' Deed dated as of J . 25, 2009, ii6m Union Pacific RailrCompany O.(Y to Regional Trans‘ on District) O�0 04 @O OO O�0 (00253715_DOC 3) \ O� O� 04 O The,Ktroperty cjsee attached) OO OO UP CO V6/ A 150 of the from CO V6/4 Pcl 10 and A 150 foot wide strip o Principal Meridian, Denver Land Co Way Deed fro PO Union eRrded in Weld County Doc Id: 3632827 6/2009 11:57 A Receipt#: 7419520@ age: 9 of 13 OO Total Fee: $66. r,y Steve Moreno, CI:�'' and Recorder operty cific Railroad O Weld County, orado �A" c0° mpany 04 O e strip of land in the W of the SW1/4 of Section Township 1 North, Ran rincipal Meridian, acqui;'•y Union Pacific Railroa mpany, Grantee, by W am Morgan, et al, Gra recorded June 15, 1908 ook 280 on Page 257. 2. in the E1/2 of Section red by Union Pacific Rai , Grantor, recorded Co State of Colorado, G V-' 0O ownship 1 North, RanT,fOWest of the 6'h d Company, Grantee, • uit Claim Deed from Th ber 7, 1908 in Book 2: Page 150, and by Rig recorded January 22, in Book 289 at Page 3 7 West ty Deed UP CO Pcl 12 and V6/5 Pcl 1. 4 A.4 A 150• wide strip of land in Se • 25, Township 1 North, ge 68 West of the 6th Pr: •al Merin, acquired by Union Pa mm Railroad Company, Grae, by Warranty Deed fro " e Denver OO r� Company, Grantor, re 4cpr• d December 2, 19088iii tr k 233 on Page 447. UP COV6/5PcI2. A 150 foot wide stnj and in the E1/2 of the S 4 of Section 24, Towns North, Range 68 West the 6th Principal "ian, acquired by Union ' i c Railroad Company, ee, by Warranty Deed A. B. Middles c , et ux, Grantor, record gust 13, 1908 in Boob on Page 220. UP CO A 25 Sect Pcl 3 and Pcl 4. ide strip of land and a 24, Township 1 North oad Company, Grante ly 27, 1909 in Book 230 UP CO V6/5 Pcl 5 A irregular shag reel of land in the NW Principal Merl , acquired by Union Pa Brimble, e x, rantor, recorded Febrr ry 7, 1909 in Book 296 Page 32. 15 Pcl 8. OOO OOO OOO of wide strip of land in " W1/4 and all that part ge 68 West of the 6th Pri al Meridian, acquired b arranty Deed from th Page 512. 00 cl 7 & UP CO V713 4 NW 1/4 of ion Pacific Vrains Realty Compaan Grantor, recorded 0O�`� UP Ah50'fot wide strip of land in h W1/4 of Section 24, Tow `i hip 1 North, Range 68 Wtt of the 6th cipal Meridian, acquire pion Pacific Railroad any, Grantee, by Warr oDeed from David 0 rimble, Grantor, record ecember 11, 1895 in B' 4f. Section 24, Township earth, Range 68 West of ailroad Company, Gra by Warranty Deed fro 0 OUP UP CO V713 Pcl 5. ��O A 100 foot strip d in the N1/2 of the S I , the SE1/4 of the SW1/ Section 14, Tci hip 1 North, Range 68 t of the 6th Principal Mew' Railroadupany, Grantee, by Quit Tim Deed from the Union �ci record $ a 13, 1912 in Book 35V Page 418. GAO 0•0 40 on Page 52. 00 the W1/2 of the SE1/ acquired by Union P rc Coal Company, Grantor, UP CO V713 P A 400 foot stri 68 West Georg land in the NE1/4 of th e 6'h Principal Meridian hase and Frederick L URCO V713 PcI 7. 0 foot strip of land in Principal Meridian, acq Union Pacific Coal C eR0 rded in Weld County 612009 11:57 A Op.Page: 10 of 13 a 2 Steve Moreno, CI:�'' and 1/4 and the N1/2 of Se rved by Union Pacific se, recorded Septemb Doc Id: 3632827 Receipt#: 7419520@ Total Fee: $66. �y Recorder 23, Township 1 North, ge road Company in a Warr9ty Deed to 915 in Book 417 at Pa4 3. t /2 of the SW1/4 Secti O Township 1 North, R8 West of the 6'h �b y Union Pacific Railro-'ompany, Grantee, by laim Deed from the ffo\> ny, Grantor, recorded , ' 13, 1912 in Book 359 Page 418, UP COV713P and V714Poi 1. 0 0 0 A 100 FOOT :IP OF LAND IN THE S1 F SECTION 9, TOWNS1P1 NORTH, RANGE 6841ST OF THE P.M., COUNTY OF WE STATE OF COLORADO ORE PARTICULARLY f1 SCRIBED �1 AS FO WS: O OQ OQ AST CORNER OF S SECTION 9; THENCE TH 00°56'38" %E -QUARTER OF SAIDCTION 9 A �� GINNING; THENC .1tRTH 67°42'17" O(F OF NON -RADIAL CU , THENCE ALONG TH U _ AVING A CENTRAL E OF 16°44'53", A RA 1660.21 FEET, WHOS t ORD BEARS NORTI1<\ EET; THENCE NORT �} 33'09" ' WEST A DI EST ONE -QUARTER ST LINE OF THE SOU ; THENCE SOUTH 8 L CURVE; THENCE RAL ANGLE OF 16° T, WHOSE CHORD UTH 67°42'17" EAST SOUTHEAST ONE -Q E EAST LINE OF TH EET TO THE TRUE PO wnship 1 North, Range any, Grantee, by Quit Wn Deed from the 1912 in Book 359 on Pl�'418. MENCING AT THE SO ST ALONG THE EAST ISTANCE OF 875.41 WEST A DISTANC ARC OF A NON OF 5679.65 F 76°05'46" 1700.31 SECT QU E OF THE SOUTHEA TO THE TRUE POIN 214.14 FEET TOAP AL CURVE TO THE L AND AN ARC LENGT A DISTANCE OF 1654. T TO A POINT ON TH 9; THENCE NORTH 0 R OF SAID SECTION ANCE OF 1709.95 FE ON -RADIAL CURVE 5779.65 FEET AND A EAST A DISTANC FEET TO A POI THENCE SO SAID SECT,IOW9 A DISTANCE OF 10,$. UP Ce�14 Pcl 2. e A 10 foot strip of land in the N1tof the SE1/4 of Section ipal Meridian, acquirenion Pacific Railroad pion Pacific Coal Com, Grantor, recorded Jun ST LINE OF THE SOU 07" EAST ALONG TH ISTANCE OF 100.45 T'O A POINT OF NON -R E RIGHT HAVING A C LENGTH OF 1689.4 1683.43 FEET; THEN THE EAST LINE OF 0°56'38" EAST ALON UP CO V714 Pcl 3. A strip of land of.J -rtain width in the SW1/ Principal Meri acquired by Union Pa UP CO Pcl 4. strip of land in the E1/ al Meridian reserved by on trick, recorded June 1904 in rtion there 2000 at Re A 40 Prin Less and Excepting t recorded Septemb ection 8, Township 1 ailroad Company by e Possession. SAID EST ONE - 09" OQ EAST A THE ARC OF , A RADIUS OF S SOUTH 76°05'46" O TANCE OF 2171.23 ER OF SAID SECTIO THEAST ONE-QUARTOF OF BEGINNING. 4 est of the 6'h he SE1/4 of Section 7 Pacific Railroad Corn Book 217 at Pag of conveye`Todd M ception Np�� 6628; Less and Exclg that portion thereof yed to Russell L. Nap Claim Derecorded September 28,0 r at Reception No. 27927; Les .gExceptingthat portion D7 ecorded September 2 � of conveyed to Anthon 0 at Reception No. 2796 1, Range 68 West of th ship 1 North, Range 6 p-st of the 6'h y in a Warranty Deed to link D. Cito and Lori K by Quit Claim Deed Annabelle E. Napier I�it aco and Eleanor Ciria O�b Quit Claim HE N1/2 OF SECTIO cfo EED DATED APRIL 1' �AAND O TOWN OF ERIE G TI �- RECEPTION e e� ow I o4f. V UP COV714Pcl A 100 foot stripo and in the SW1/4 of th 1/4 of Section 7, Town 61h Princip Meridian, acquired by Uni Pacific Railroad Compan the Unio cific Coal Company, G-1 r, recorded June 13, 'V 10 UP V714 Pcl 6. @O �O 0 foot strip of land in thy/2 of Section 18, Town North, Range 68 We ffo1`eridian, acquired by U ' acific Railroad Compa rantee, by Quit Claim . .. Pacific Coal Compan ntor, recorded June 13 2 in Book 359 on Par eR®orded in Weld County 6/2009 11:57 A age: 11 of 13 ab Steve Moreno, CI:�''' and UP COV714P�0 A PARCEL O RIP OF LAND OF VA WIDTH IN THE N1/2 HE N1/2 OF SECTIO TOOMOO LENSS AND EXCEPT H, RANGE 68 WOVNT OF WELD, HAT PORTION OF 1/2 OF THE N1/2 OF CO C CO D TO THE TOWN OF 1, 1994 (UPRR FILE REC DED AT RECEPTIO „ PIING THAT PORTI . SIMPLOT AND L1S Doc Id: 3632827 Receipt#: 7419520 Total Fee: $66. Recorder North, Range 68 We G antee, by Quit Claim D ed rom Book 359 on Page 4i8 he 6'" Principal from the Union I BY DEED DATED J . 2400985; LESS AND CONVEYED TO DEN 4 (UPRR FILE 362- ORTION OF THE N1// ED DATED SEPTEM 99485, MORE PARTI A PARCF LAND SITUATED IN ORTION OF THE NORT HALFSECTION 19, TOWNS NORTH, RANGE 68 Vl a ME N, COUNTY OF WEL ATE OF COLORADO, WS: OMMENCING AT TH 89°31'17" EAST AL O°> 19 A DISTANCE NORTHEAST -" CONTINUING QUART POINT THE CORDED AT RECEPT THE N1/2 OF SECTI 9, 2000 (UPRR FILE RLY DESCRIBED AS ONE-HALF OF THE NOt H ONE - OF THE SIXTH PRIM At E PARTICULARLY DE& 1BED AS ION 19 3) F THE N1/2 �SIMPLOT BY 'NO.2384042; LESS CONVEYED TO THE, -68) RECORDED AT c° OWS: RTH ONE -QUARTER ER OF SAID SECTI '1J; THENCE SOUTH HE NORTH LINE OF E NORTHEAST ONE -Q TER OF SAID SECTIO 55.72 FEET TO THE T OINT OF BEGINNIN ID POINT BEING TH''' ER OF PARCEL (D1 PLOT NO.2 ANNEX } MAP; THENCE UTH 89°31'17" EAST AtO G THE NORTH LINE HE NORTHEAST ONE vF SAID SECTION 19 A TANCE OF 118.00 FE TO A POINT OF CURVE ID ING THE NORTHWES LY CORNER OF TRAC ERIE COMMONS FILI . 5; THE FOLLOWING F (4) COURSES ALONG NORTHERLY LINE O ID TRACT J 1 D ALONG THE NORTH R INE OF TRACT A OF' A ERIE COMMONS FI\I NO. 5: C�). THENCE ALONG T �� 63°27'14", A RAD, �o BEARS SOUT 2. THENCE S CURVE; 3. THEN AN C OF A CURVE TO F 982.33 FEET AND 01'47" WEST A DISTA 21°45'24" WEST A ID � GHT HAVING A CE RC LENGTH OF 1087 OF 1033.16 FEET; (o CE OF 25.00 FEET `POINT OF NON-RADI ANGLE OF EET, WHOSE CHOR LONG THE ARC OF N -RADIAL CURVE TO 4, RIGHT HAVING A CE AL OF 11°06'45", A RADI® F 1006.89 FEET AND RC LENGTH OF 195. ET, SE CHORD BEARS N •i 62°26'18" WEST A DI = CE OF 194.98 FEET;{ .JHENCE NORTH 56°52' 4' WESTA DISTANCE OF .64 FEET TO A POINT THE NORTH . _INE OF THE NORTH ONE -QUARTER OF SECTION 19, SAID PO1BEING ON THE SOUTH RIGH� - AY LINE OF PERR EET; ��ff° �W � THENCE SOUT f°°30'58" EAST ALONG (NORTH LINE OF THE THEST ONE -QUART �� OF SAID SEC 19 AND ALONG TH TH RIGHT-OF-WAY L F SAID PERRY STRF DISTANC O 84.14 FEET TO THE HWEST CORNER OF PLOT ANNEXATION - AMEND = THENCE SOUTH 56°4 ' " EAST ALONG THE SHERLY LINE OF SAID ANNE ION - AMENDED A DI CE OF 65.77 FEET TOINT OF CURVE; TH TH `(' C OF A CURVE TO TH FT, ALONG THE SOU i(; " RLY LINE OF SAID SI EXATION - AMENDE PLOT E ALONG T SAID SIMPLOT NO. a tNEXATION MAP, HAVING A CENTRAL ff owe ANGLE OF 69° CHORD B BEGINN,� OV Qv UP c . 71S-4 Pd 8. 00 00 190 foot strip of land in th IV114 of Section 18, TowikWp 1 North, Range 68 W ridian, acquired by Lin' \acific Railroad Compa AGfantee, by Quit Claim D Pacific Coal Company itor, recorded June 13` in Book 359 on Page4 eR0 rded in Weld County 612009 11:57 A .Page: 12 of 13 a 2. Steve Moreno, CI:�'' and UP CO V71S-4 P A irregular sh West of tht`' 0�O� O 8", A RADIUS OF 907, NORTH 88°31'15" EA ET AND AN ARC LE DISTANCE OF 1032.7,2 Doc Id: 3632827 Receipt#: 7419520@ Total Fee: $66. �y Recorder OF 1098.61 FEET, W ET TO THE TRUE POOH OQ fthe 6— Principal rom the Union parcel of land in the SF�f the SW114 of Sectio�Township 1 North, Ra rincipal Meridian, acgre y Union Pacific Railr�d mpany by Adverse Prssion. UP C f . '` S-4 PcI 13. oQ A 10 •of strip of land in the Siteig of the SW1/4 of Section$, Township 1 North, Ramie 68 West of t" Principal Meridian, ad by Union Pacific Ra Company, Grantee, b. it Claim Deed m Joseph Mitchell Jr., � tor, recorded August 1C 2 in Book 36 on Page 04 O OQ O eRrded in Weld County Doc Id: 3632827 OiV26/2009 11:57 A Receipt#: 7419520@ age: 13 of 13 ab Total Fee: $66. �y Steve Moreno, CI:�'' and Recorder hed to and made a pathe Q im Deed dated as of 25, 2009, m Union Pacific Company to Regional Trans on District) 6, e ,,,° Excepted a luded Railroad Fac! packs owned by Sell-off, d located on the Prom -4y are excepted and ear i ded from Q4 this aim and reserved to@ or. @� @© @e Oo�0 o�O e oO ��O ��O �O `O o > o> o> o> o moo° moo° moo° moo° moo° , 0Y 0' 0Y e. oho oho oho oho oho *9 ,- ,- o> o> o> o> ,,.' �oQ �oQ �oQ �oQ �oQ , , 0' 0Y , e e ,e e .f. @ e *9 0 0 4,,.' O 0 �oQ �oQ �oQ �oQ �oQ .f. e ,e e e ei' ,- ,,.' 0 0 0 0 ,,.' �o �oQ �icQ �oQ �oQ oY o' o' O' e��o ��o°�(00253715.DOc 3) o° hibit B-1 0° o° * o° o° o° o° eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 1 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Regional Transportation District 1600 Blake Street Denver, CO 80202-1399 Attn: Marla L. Lien, Esq. No Documentary Fee Required — Grantee is a Governmental Entity QUITCLAIM DEED County of Weld, Colorado For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Union Pacific Railroad Company, a Delaware corporation ("Grantor") remises, releases and quitclaims to Regional Transportation District, a political subdivision of the State of Colorado ("Grantee") whose legal address is 1600 Blake Street, Denver, Colorado 80202, all right, title, interest, claim and demand that Grantor has in and to that property, located in the County of Weld, State of Colorado, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof, together with improvements, if any, located thereon and other appurtenances thereto, including without limitation, all strips, gaps and gores (collectively, the "Property"), in as -is condition, subject to, inter alia, the exclusions, exceptions and reservations set forth below. Grantor and Grantee acknowledge that part of the Property is a portion of Grantor's federally granted railroad right-of-way, and that this quitclaim is made pursuant to the provisions of 43 U.S.C.§ 913, which authorizes the transfer of a portion of such right-of-way to certain governmental entities for use as a public highway. EXCEPTING from this quitclaim and RESERVING unto Grantor, its successors and assigns (including without limitation, lessees, sublessees, easement owners and licensees of Grantor) forever, all minerals and all mineral rights of every kind and character (including without limitation, all oil, gas, sulfur, iron ore, coal, lignite, uranium, limestone, building stone, caliche, rock, shale, gravel, and other minerals (whether or not of like kind or character) in and under the Property) now known to exist or hereafter discovered five hundred (500) feet or more below the surface, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of said property or to compromise the frequency or safety of Grantee's passenger commuter rail service or to otherwise materially interfere with the surface or subsurface use or intended use thereof by Grantee. ALSO EXCEPTING from this quitclaim and RESERVING unto Grantor, its successors and assigns (including without limitation, lessees, sublessees, easement owners and licensees of Grantor) forever, all surface and subsurface water rights pertaining or appurtenant to (00253715.DOC 3) VoG eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 2 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder or used in connection with the Property, including without limitation, water rights reserved or granted by easements or judgments (the "Water Rights"), together with a perpetual easement for vehicular and pedestrian access in, on, over, under, across and through the Property for purposes of the use, enjoyment, maintenance, operation and access to the Water Rights; provided however, that the Water Rights shall be utilized in such manner as not to damage the surface of the Property or to compromise the frequency or safety of Grantee's passenger commuter rail service or to otherwise materially interfere with the surface or subsurface use or intended use thereof by Grantee. ALSO EXCEPTING from this quitclaim and RESERVING unto Grantor, its successors and assigns (including, without limitation, lessees, sublessees, easement owners and licensees of Grantor) forever, a perpetual, exclusive easement (the "Railroad Easement") in, on, under, upon, over, through and across the Property (for purposes of this Railroad Easement, the Property may also be hereinafter referred to as the "Railroad Easement Property"), in which areas Grantor and its lessees, sublessees, easement owners, licensees, successors and assigns (collectively, the "Easement Users") shall have the right to own, possess and, subject to the terms of the Shared Use Agreement between the parties dated of even date herewith (the "Shared Use Agreement"), to use, store, construct, reconstruct, maintain, repair, operate, relocate, upgrade, renew, replace and/or remove, existing and/or future railroad tracks and railroad -related equipment, facilities and transportation systems (the "Railroad Facilities") for the Easement Users' local freight rail operations. Grantee shall be prohibited from (i) using all or any portion of the Property for freight rail purposes, (ii) unless otherwise allowed pursuant to the Shared Use Agreement, without Grantor's prior written consent, removing or modifying the Railroad Facilities related to Easement Users' operations, or (iii) unless otherwise allowed pursuant to the Shared Use Agreement, without Grantor's prior written consent, enlarging, amending or modifying any existing agreement (including but not limited to any relocation of or other alteration to any improvement permitted thereby), or entering into any new agreement, that permits or allows any improvement within the Railroad Easement Property. In the event that Grantor obtains and exercises abandonment authority from the Surface Transportation Board (including without limitation, satisfying all conditions to exercising such authority), then (a) this Railroad Easement shall terminate as to the Railroad Easement Property so abandoned, and (b) Grantor shall quitclaim (subject to a reservation of Grantor's other remaining easement interests in the area) this Railroad Easement on such Railroad Easement Property to Grantee. Grantor may assign the Railroad Easement, in whole or in part, with the consent of Grantee (which shall not be unreasonably withheld, conditioned or delayed, and shall be based solely upon the financial viability of the proposed assignee), to any other person; provided that such assignee shall take subject, as applicable, to the Shared Use Agreement. Grantor shall be entitled to all revenues derived from all current and future agreements to which Grantor is a party affecting the Railroad Easement Property. ALSO EXCEPTING from this quitclaim and RESERVING unto Grantor, its successors and assigns forever, all right, title, interest, claim and demand that Grantor has in and to those Railroad Facilities located on the Property and more particularly described in Exhibit B attached hereto and by this reference made a part hereof, and reserving all rights to own, (00253715.DOC 3 } 2 eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 3 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder construct, reconstruct, install, maintain, inspect, repair, operate, use, relocate and/or remove existing and/or future improvements and Railroad Facilities, in accordance with the Shared Use Agreement. Without limiting the foregoing, Grantee and its successors and assigns shall have the right to use the Property in any manner not inconsistent with Grantor's rights reserved in this Quitclaim Deed, and with Grantor's rights under the Shared Use Agreement, and consistent with applicable laws. Except with respect to the income generated by any existing or future agreements relating to the reserved mineral rights, the Water Rights and/or the Railroad Easement (which income is expressly reserved by Grantor), Grantee shall be entitled to all income (including without limitation, rentals and license fees) from any use rights granted by Grantor or Grantor's predecessors in interest. Grantee agrees that if Grantee receives any income that relates to any of Grantor's reservations in this Quitclaim Deed, Grantee will promptly forward the income to Grantor, but Grantee shall have no obligation to collect such income. In addition to (and not in limitation of), and without prejudice to or limitation of any other indemnity provisions or legal remedies in this Quitclaim Deed or any other remedies at law or in equity, and subject to any limitations specific to Regional Transportation District contained in the Shared Use Agreement, Grantee agrees to defend and indemnify Grantor and Grantor's affiliates and their respective officers, directors and employees (collectively, "Grantor Indemnitees") against all claims, suits and demands for Losses (as defined herein) arising out of injury or death sustained by any person, and/or damage to property, with respect to the portion of the Property between Grantor's MP 8.2 and MP 32, and with respect to such other portions of the Property as may be deemed included hereunder from time to time. Grantee also agrees to defend and indemnify Grantor Indemnitees against all claims, suits and demands for Losses arising out of injury or death sustained by any person and/or damage to property, with respect to the portions of the Property between Grantor's MP 0.2 and MP 8.2, and between MP 32 and the end of the line near MP 33.17 including the Lakeside Spur, when such Loss would not have occurred but for the operation and maintenance of public passenger rail service by Grantee on the Property or the construction and/or presence of Grantee's infrastructure on the Property; provided however, in the event the Surface Transportation Board of the United States Department of Transportation (or any successor agency) (the "STB") grants discontinuance or abandonment authority for any part of such property, the subject property shall thereafter be deemed to be included in the immediately preceding sentence. Grantor agrees to defend and indemnify Grantee and its related entities and the officers, directors and employees of any of them, against all claims, suits and demands for Losses arising out of injury or death sustained by any person, and/or damage to property, with respect to the portions of the Property between Grantor's MP 0.2 and MP 8.2, and between MP 32 and the end of the line near MP 33.17 including the Lakeside Spur, when such Loss did not arise out of and would have occurred regardless of the operation and maintenance of public passenger rail service by Grantee on the Property or the construction and/or presence of Grantee's infrastructure on the Property; provided however, in the event the STB grants discontinuance or abandonment authority for any part of such property, the subject property shall thereafter be deemed to be omitted from this sentence. For purposes of this Quitclaim Deed, the term "Loss" or "Losses" shall mean all losses, damages, claims, demands, costs, liabilities, judgments and civil penalties, fees and expenses of any nature arising out of or (00253715.DOC 3} 3 eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 4 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder in connection with the death of or injury to persons, or damage to or destruction of property (including repair and replacement expenses) and/or natural resources. "Loss" or "Losses" also shall include without limitation (i) investigation costs, cleanup costs, and remediation costs attributable to spills, emissions, discharges or other releases of hazardous materials; (ii) reduced revenues of Grantor, reduced fare box revenues of Grantee, and other economic losses of the parties hereto to the extent the party claiming such losses can demonstrate that either damage to or destruction of property, or disruption of freight or passenger rail service, was the proximate cause of such losses; (iii) costs and expenses incurred in connection with the investigation, adjustment and defense of any claim, suit, appeal or arbitration pertaining to a Loss, including reasonable attorneys' and expert witness fees, and (iv) salaries or wages and associated benefits of, and out-of-pocket expenses incurred by or with respect to, employees of either party engaged directly in such investigation, adjustment and defense and a reasonable amount of allocated salaries and wages of employees providing support services to such employees so engaged directly in such work. This Quitclaim Deed may be executed in one (1) or more counterparts, each of which, when so executed, shall be deemed to be an original. Such counterparts shall together constitute and be one and the same instrument. (00253715.DOC 3) 4 eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 5 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, Grantor and Grantee have executed this Quitclaim Deed as of the 25th day of June, 2009. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ATTEST: By: C..-4 . f5J r77 i�lT ! Secretary By: Name:. $' )NY K. LOVE Title: Assistant Vice President — Real Fstata REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado By: Name: C' f�% 4 4-t5 '7�4 Title: General Manager APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT: By: LegaCounsel {00253715.DOC 3) 5 eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 6 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) On JVXnc. , 2009, before me, a Notary Public in and for said County and State, personally appeared Tol, k. Lave, and e•,3'. Nte.mi.r , who are the �J it,o.,k msi•o akc, and the As s skA Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. My Con ission expires: uysl- 28 2)12, (SEAL) GENERA!. NOTARY • State of Nebraska GREGG A. LARSEN MY COMM. Exp. Aug. 28, 2012 {00253715.DOC 31 6 eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 7 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder STATE OF COLORADO ) Lrr e' I -COUNTY OF bE'11 ) ss The foregoing instrument was acknowledged before me this,q1 day of Ta-A-C-r2009, by U, t(JL MarSetlot as General Manager of the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado. WITNESS my hand and official seal. My Commis3n expires: Notary Public (SEAL) ,, OAR), u B� qi �+@Yv • g 2_016 {00253715.DOC 3) 7 eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 8 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder Exhibit A (Attached to and made a part of the Quitclaim Deed dated as of June 25, 2009, from Union Pacific Railroad Company to Regional Transportation District) The Property (see attached) (00253715_DOC 3) Exhibit A-1 eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 9 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder The Property Union Pacific Railroad Company Weld County, Colorado Exhibit "A" UP CO V6/4 Pcl 9. A 150 foot wide strip of land in the W1/2 of the SW1/4 of Section 31, Township 1 North, Range 67 West of the 6th Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Warranty Deed from William Morgan, et al, Grantor, recorded June 15, 1908 in Book 280 on Page 257. UP CO V6/4 Pcl 10 and Pcl 11. A 150 foot wide strip of land in the E1/2 of Section 36, Township 1 North, Range 68 West of the 6'h Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from The Denver Land Company, Grantor, recorded December 7, 1908 in Book 289 on Page 150, and by Right of Way Deed from the State of Colorado, Grantor, recorded January 22, 1909 in Book 289 at Page 365. UP CO V6/4 PcI 12 and V6/5 Pcl 1. A 150 foot wide strip of land in Section 25, Township 1 North, Range 68 West of the 6th Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Warranty Deed from The Denver Land Company, Grantor, recorded December 2, 1908 in Book 233 on Page 447. UP CO V6/5 Pcl 2. A 150 foot wide strip of land in the E1/2 of the SW114 of Section 24, Township 1 North, Range 68 West of the 6th Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Warranty Deed from A. B. Middlesworth, et ux, Grantor, recorded August 13, 1908 in Book 283 on Page 220. UP CO V6/5 Pcl 3 and Pcl 4. A 25 foot wide strip of land and a 75 foot wide strip of land in the SW1/4 and all that part of the NW 1/4 of Section 24, Township 1 North, Range 68 West of the 6th Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Warranty Deed from the St. Vrains Realty Company, Grantor, recorded July 27, 1909 in Book 233 on Page 512. UP CO V6/5 Pcl 5 and Pcl 7 & UP CO V713 Pcl 3. A irregular shaped parcel of land in the NW1/4 of Section 24, Township 1 North, Range 68 West of the 6th Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Warranty Deed from David Brimble, et ux, Grantor, recorded February 27, 1909 in Book 296 on Page 32. UP CO V6/5 PcI 8. A 50 foot wide strip of land in the NW1/4 of Section 24, Township 1 North, Range 68 West of the 6th Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Warranty Deed from David Brimble, Grantor, recorded December 11, 1895 in Book 140 on Page 52. UP CO V713 Pcl 5. A 100 foot strip of land in the N1/2 of the SW1/4, the SE1/4 of the SW1/4 and the W1/2 of the SE1/4 of Section 14, Township 1 North, Range 68 West of the 6'h Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from the Union Pacific Coal Company, Grantor, recorded June 13, 1912 in Book 359 on Page 418. eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 10 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder UP COV713Pcl 6. A 400 foot strip of land in the NE1/4 of the SE1/4 and the N1/2 of Section 23, Township 1 North, Range 68 West of the 6'" Principal Meridian, reserved by Union Pacific Railroad Company in a Warranty Deed to George F. Chase and Frederick L. Chase, recorded September 4, 1915 in Book 417 at Page 403. UP COV713Pcl 7. A 100 foot strip of land in the S1/2 of the SW1/4 Section 14, Township 1 North, Range 68 West of the 6'" Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from the Union Pacific Coal Company, Grantor, recorded June 13, 1912 in Book 359 on Page 418, UP CO V713 Pc! 25 and V714 Pcl 1. A 100 FOOT STRIP OF LAND IN THE S1/2 OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00°56'38" WEST ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 9 A DISTANCE OF 875.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 67°42'17" WEST A DISTANCE OF 2214.14 FEET TO A POINT OF NON -RADIAL CURVE; THENCE ALONG THE ARC OF A NON -RADIAL CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16°44'53", A RADIUS OF 5679.65 FEET AND AN ARC LENGTH OF 1660.21 FEET, WHOSE CHORD BEARS NORTH 76°05'46" WEST A DISTANCE OF 1654.31 FEET; THENCE NORTH 84°33'09" WEST A DISTANCE OF 1700.31 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 9; THENCE NORTH 00°01'07" EAST ALONG THE WEST LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 9 A DISTANCE OF 100.45 FEET; THENCE SOUTH 84°33'09" EAST A DISTANCE OF 1709.95 FEET TO A POINT OF NON -RADIAL CURVE; THENCE ALONG THE ARC OF A NON -RADIAL CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16°44'53", A RADIUS OF 5779.65 FEET AND AN ARC LENGTH OF 1689.44 FEET, WHOSE CHORD BEARS SOUTH 76°05'46" EAST A DISTANCE OF 1683.43 FEET; THENCE SOUTH 67°42'17" EAST A DISTANCE OF 2171.23 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 9; THENCE SOUTH 00°56'38" EAST ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 9 A DISTANCE OF 108.83 FEET TO THE TRUE POINT OF BEGINNING. UP CO V714 Pcl 2. A 100 foot strip of land in the N1/2 of the SE1/4 of Section 8, Township 1 North, Range 68 West of the 6'" Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from the Union Pacific Coal Company, Grantor, recorded June 13, 1912 in Book 359 on Page 418. UP CO V714 Pcl 3. r A strip of land of uncertain width in the SW1/4 of Section 8, Township 1 North, Range 68 West of the 61h Principal Meridian, acquired by Union Pacific Railroad Company by Adverse Possession. UP CO V714 Pcl 4. A 400 foot strip of land in the E1/2 of the SE1/4 of Section 7, Township 1 North, Range 68 West of the 6'" Principal Meridian reserved by Union Pacific Railroad Company in a Warranty Deed to Frank D. Gilpatrick, recorded June 16, 1904 in Book 217 at Page 79; Less and Excepting that portion thereof conveyed to Todd M. Cito and Lori K. Cito by Quit Claim Deed recorded September 28, 2000 at Reception No. 2796628; Less and Excepting that portion thereof conveyed to Russell L. Napier and Annabelle E. Napier by Quit Claim Deed recorded September 28, 2000 at Reception No. 2796627; Less and Excepting that portion thereof conveyed to Anthony Ciriaco and Eleanor Ciriaco by Quit Claim Deed recorded September 28, 2000 at Reception No. 2796626. eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 11 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder UP COV714Pei 5. A 100 foot strip of land in the SW1/4 of the SE1/4 of Section 7, Township 1 North, Range 68 West of the 61h Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from the Union Pacific Coal Company, Grantor, recorded June 13, 1912 in Book 359 on Page 418. UP CO V714 Pcl 6. A 100 foot strip of land in the E1/2 of Section 18, Township 1 North, Range 68 West of the 6t° Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from the Union Pacific Coal Company, Grantor, recorded June 13, 1912 in Book 359 on Page 418. UP COV714PcI7. A PARCEL OR STRIP OF LAND OF VARYING WIDTH IN THE N1/2 OF THE N1/2 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LESS AND EXCEPTING THAT PORTION OF THE N1/2 OF THE N1/2 OF SECTION 19 CONVEYED TO THE TOWN OF ERIE BY DEED DATED JULY 11, 1994 (UPRR FILE 355-53) RECORDED AT RECEPTION NO. 2400985; LESS AND EXCEPTING THAT PORTION OF THE N1/2 OF THE N1/2 OF SECTION 19 CONVEYED TO DENNIS W. SIMPLOT AND LISA M. SIMPLOT BY DEED DATED APRIL 14, 1994 (UPRR FILE 362-84) RECORDED AT RECEPTION NO. 2384042; LESS AND EXCEPTING THAT PORTION OF THE N1/2 OF THE N1/2 OF SECTION 19 CONVEYED TO THE TOWN OF ERIE BY DEED DATED SEPTEMBER 19, 2000 (UPRR FILE 1769-68) RECORDED AT RECEPTION NO. 2799485, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTH ONE-HALF OF THE NORTH ONE- HALF OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 89°31'17" EAST ALONG THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 19 A DISTANCE OF 255.72 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF PARCEL (D1), SIMPLOT NO.2 ANNEXATION MAP; THENCE CONTINUING SOUTH 89°31'17" EAST ALONG THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 19 A DISTANCE OF 118.00 FEET TO A POINT OF CURVE, SAID POINT BEING THE NORTHWESTERLY CORNER OF TRACT J, ERIE COMMONS FILING NO. 5; THENCE THE FOLLOWING FOUR (4) COURSES ALONG THE NORTHERLY LINE OF SAID TRACT J AND ALONG THE NORTHERLY LINE OF TRACT A OF SAID ERIE COMMONS FILING NO. 5: 1. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 63°27'14", A RADIUS OF 982.33 FEET AND AN ARC LENGTH OF 1087.91 FEET, WHOSE CHORD BEARS SOUTH 80°01'47" WEST A DISTANCE OF 1033.16 FEET; 2. THENCE SOUTH 21°45'24" WEST A DISTANCE OF 25.00 FEET TO A POINT OF NON -RADIAL CURVE; 3. THENCE ALONG THE ARC OF A NON -RADIAL CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11°06'45", A RADIUS OF 1006.89 FEET AND AN ARC LENGTH OF 195.29 FEET, WHOSE CHORD BEARS NORTH 62°26'18" WEST A DISTANCE OF 194.98 FEET; 4. THENCE NORTH 56°52'34" WEST A DISTANCE OF 226.64 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 19, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF PERRY STREET; THENCE SOUTH 89°30'58" EAST ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 19 AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID PERRY STREET A DISTANCE OF 184.14 FEET TO THE NORTHWEST CORNER OF SIMPLOT ANNEXATION - AMENDED; THENCE SOUTH 56°43'33" EAST ALONG THE SOUTHERLY LINE OF SAID SIMPLOT ANNEXATION - AMENDED A DISTANCE OF 65.77 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, ALONG THE SOUTHERLY LINE OF SAID SIMPLOT ANNEXATION - AMENDED AND SAID SIMPLOT NO. 2 ANNEXATION MAP, HAVING A CENTRAL eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 12 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder ANGLE OF 69°22'28", A RADIUS OF 907.33 FEET AND AN ARC LENGTH OF 1098.61 FEET, WHOSE CHORD BEARS NORTH 88°31'15" EAST A DISTANCE OF 1032.72 FEET TO THE TRUE POINT OF BEGINNING. UP CO V71S-4 Pd 8. A 100 foot strip of land in the SW1/4 of Section 18, Township 1 North, Range 68 West of the 6th Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from the Union Pacific Coal Company, Grantor, recorded June 13, 1912 in Book 359 on Page 418. UP CO V71S-4 Pcl 9. A irregular shaped parcel of land in the SE1/4 of the SW1/4 of Section 18, Township 1 North, Range 68 West of the 6t" Principal Meridian, acquired by Union Pacific Railroad Company by Adverse Possession. UP CO V71S-4 PcI 13. A 100 foot strip of land in the SW1/4 of the SW1/4 of Section 18, Township 1 North, Range 68 West of the 6t" Principal Meridian, acquired by Union Pacific Railroad Company, Grantee, by Quit Claim Deed from Joseph Mitchell Jr., Grantor, recorded August 10, 1882 in Book 36 on Page 72. eRecorded in Weld County, CO Doc Id: 3632827 06/26/2009 11:57 A Receipt#: 7419520 Page: 13 of 13 Total Fee: $66.00 Steve Moreno, Clerk and Recorder Exhibit B (Attached to and made a part of the Quitclaim Deed dated as of June 25, 2009, from Union Pacific Railroad Company to Regional Transportation District) Excepted and Excluded Railroad Facilities All tracks owned by Seller and located on the Property are excepted and excluded from this quitclaim and reserved to Grantor. (00253715.DOC 3) Exhibit B-1 Hello