HomeMy WebLinkAbout20201508.tiffCERTIFICATE OF CONVEYANCES
STATE OF COLORADO
COUNTY OF WELD
Land Title Order No. HUWA
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) hereby
certifies that it has made a careful search of its records, and finds the following conveyances
affecting the real estate described herein since August 30, 1972, and the most recent deed recorded
prior to August 30, 1972.
Legal Description:
NW1/4 /4 OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P. M.,
COUNTY OF WELD, STATE OF COLORADO.
CONVEYANCES (if none appear, so state):
Book 879
Book 1040
Book 856
Book 1259
Book 1259
Book 1532
Reception No.
Reception No.
Reception No.
Reception No.
Page 194
Page 419
Reception No. 1777938
Reception No. 2208762
Reception No. 2208764
Reception No. 2476443
3200587
3537344
3537346
3537787
This Certificate is made for the use and benefit of the Department of Planning Services of
Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a
guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the
fee paid for this Certificate.
It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by
its proper officer this 9th day of September, 2019 at 5:00 o'clock P.M.
LAND TITLE GUARANTEE COMPANY
By: 4q /
i dl1L. 2 1029 at fh, f a o"CreckAret—
SO 8799 MVE1t, ilecnrded
Rn ���°,,,, pA�lG, 568485 H. C. GRABLE, Recorder.
Mo. 40. W18B1lin nrJavr?�Uif0*o7 ' ms. —+n,. n.,aox5-nummm, rs& ua. am:. aaames Legal Eiu, ae4 Mout Bk. Lamm...
this Deed, made this 2nd — day of may m the year
our Lord one thousand nine hundred and twenty-nine
The Weicker Transfer ea Storage Company
,between
a corporation duly organised and existing under and by virtue of the laws of the State of Colorado of the
fvrat part, and The Weioker Investment Company, a corporation duly or-
ganised and existing under and by virtue of the laws of the State
of Colorado,
of the City & County of
Denver
and State of Colorado, of the second part;
WITN SSLTH, That the said party of the first part, for and in consideration of the sum
of One hundred and no/100 ($100.00) DOLLARS,
and other good and valuable considerations
to the said party of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, hash granted, bargained, sold and conveyed and by these
presents loth grant, bargain, said, convey and confirm unto the said part y ---- of the second part,
its eLin rs rand assigns Sforever, all the following described Id 8 or parcels of land,
situate, lying and being in the County of
and State of Colorado, to -wit:
The west half (W+3) of the southeast quarter (Se)
of Section three (3), Township one (I), North; Range sixty-
three (63), West; subject to encumbrance now of record;
The east half (E") of the northeast quarter (NE)
of Section twenty-five (25), Township one (1), North, Range
sixty-four (64), West; subject to encumbranoe now of record;
• The west half (Wi) of the northwest quarter (NV)
of Section twenty-eight (28), Township two (2), North, Range
sixty-three (63), West; subject to encumbrance now of record;
The west half (Wi-) of the northwest quarter (NY)
of Section thirty-four (34), Township two (2), North, Range
sixty-three (63), West; subject to encumbrance now of record;
The east half (lsg) of the southwest quarter (S1)
and the east half () of the northwest quarter (NW4) of
Section thirty-five (35), Township two (2), North, Range
sixty-three (63), West; subject to encumbrance now of record;
Weld.
SKLU, Inc. LG 5EL15975 WE 568485-1929.001
TOGETHER with all and singular the Ttereditaments and appurtenances thereon& belonging., or
in anywise appertaining; and the reversion and .reversions, remainder and remiainders, rents, issues and
profits thereof; and all 'Um; 'estate,' right, title,. interest, claim and demand whatsoever of the said party of
the first part, either in law or equity, of, in and.to the above bargained premises, with. the hereditamento
and appurtenances.
TO HAVE AND TO HOLD the 'said premises above bargained'and described, with the appurte-
nances, unto the said part y of the second par; its 3u°13 aana assigns; forever. And
the said The Weicker Transfer to Storage Company .
party of the first part,
for itself, its successors and assigns, cloth covenant, grant, bargain and agree to and with the said
suu-agssu e
part y of the second part, its C and assigns, that at the time of the ensealing
and delivery of these presents it iswell seized of the premises above corwe fed, as of good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and hath good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and in -
cumbrances of whatever, hind or nature saver; subject to the encumbrances above
mentioned..
and the above bargained premises in
su00essor
the quist••and peaceable.:pesseseion of the said part•;•1 of the second part, its • bliti and
assigns, against all and every person'o ' persons lawfully claiming or to claim the whole or any part thereof,
the said party of the -.first part Thait and -will WARRANT AND. FOREVER DEFEND.. .
SKID, Inc. LG SIQ.15975 WE 568485-1929.002
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'aDK 879 rAGE196
IN WITNESS WHEREOF', The said party of Me first part hath caused its corporate name to be
hereunto subscribed by its President, and its corporate sealto be hereunto,af fined, attested
by its Secretary, the day and year first above written.
r , Secretary.
Ftkn
r;. The Weioker Transfer 81 Storage Company
I President.
STAT2 OF COLORADO. i ss.
Citim COUNTY o penv--er-------•r
I, 074C1-24,-. O. `�°4 h_.or- , a n. , a notary public,
in and for said City & County, in the State aforesaid, do hereby certify that
R. V. Weioker and F. C. Weioker
wha are personally known to me to be the samepersona whose names are subscribed to the foregoing
Deed as having executed the same respectively as President and Secretary of The
Weioker Transfer & Storage Company
a corporation, and who are known to me to be each officers, reepeativety, appeared before one this day in
person and severally acknowledged: That the seal affixed to the foregoing instrument is the corporate
seal of said corporation; that the same was thereunto affixed by the authority of said corporation; that
said snetrament was by like authority subscribed with its corporate name; that the said ---
R. V.Weioker
is the President of
said corporation, and the said F. C. We Joker is the Secretary thereof;
that by the authority of said corporation they respectively subscribed their names thereto as
President and Secretary, and that they signed, sealed and delivered the said instrument of writing as
their free and voluntary act and deed, and as the free and voluntary act and deed of said corporation,for
{ ErtfO Tint purposes therein set forth.
Given under my hand and official seal, this
dafof ,A.D.1929
My commission expires C, f 7. , 29
r
R
Recorded thin_....._ ... say of a D. 19 o'alabk .....�� 1�¢.
ReoeDtron Na......._
SKID, Inc. LG SKL15975 WE 568485-1929.003
' � �nl. _..........._APR Y11....19N BONI10 .f ME 419
Reception No...l1�IdLTL�R..�,.MD&iw'IS$IDbrder.
100 IBM), Made Gills Sixth ' day of April
one thousand nine hundred and thirty—nine between R. V. WEIC$ER
of the City
in the year of our Lord
County of Denver and State of Colorado, of the first part, and
THE WEIMER INVESTS GCMPANY, a Colorado corporation,
of the second part:
WITNESSETH. That the said part 7:Ii of the first part, for end in consideration of the sum of
Gnu gtrrgl•nad . — — _ ,.-----------
to the said part 7 of the first part in hand paid by the acid part 7 of the second part, the receipt
whereof is hereby confessed and acknowlodgcd, ha 8 granted, bargained, sold 'and conveyed, and by these
pamadiporg 65 grant, bargain, sell, convey and confirm, onto the said part 7 of the second part, its
and asaigna fareveri all the -following described lot or parcel B of land, situate', lying and being
in the County. of Weld and State of Colorado, to -wit:
West Half (w ). of.,the Northwest Quarter (NW) of Section Thirty-
four (34), and the East Half (B) of the Northwest Quarter (NIft)
of Section Thirty-five (35), in Tormehip Two (2) North, Range
Sixty-three (65) West of the Sixth (6th) Principal Meridian,
Weld County, Colorado; together with all ditch,. reservoir and
water rights belonging or in any way pertaining to said lends,
and especially the water rights in the Henlylyn Irrigation
District.
•
TOGETHER with all and singular the hereditamemte and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whataoever of the said party . of the first part, either in law
or equity, of, in and ta'tha• above bargained premises, with the harcditamenta and appurtenances.
TO HAVE AND TO HOLD the said premistkiekatacytined and described, with the appurtenances, unto the
said part of the second part, its anl assigns forever. And the said part 7 of the first
part, for himself, his heirs, executors, and administra pn as' covenant, grant, bargain
and agree to end with the said part y of the second part, itf� 5ancgaasigna, that at the time of the
caseating and delivery of these presents, he is wall seised of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha B good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and farm as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of
whatever kind or nature soarer.
and the ab& 88 Rpremtsea in the quiet and peaceable possession of the said part y of the second part,
its ] and assigns, against all and every person or persons Ia!fufy claiming or to claim the whole or
any part thereof, the said part .7 .of the first part shell and will WARRANT ANTI FOREVER DEFEND.
IN WITNESS 'WHEREOF, The said part 7 of the first part he 5 hereunto set hie hand
and seal the day and year first above written.
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,. '4.1.! VAAVITIA 19. h',,COLOxA.DO,
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ri its? .Cetirity_ of Deriver
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itin�'�nait*,+imeiit:wie a'slmow1idgsd before ma this
• ,'� 1L'• f • I�.' . 9. WICKER - - —
i e* :� �nimi�sipfle5cSlroiC ; Witness
tt►K*�4•*"cl.�.�JOj £�Ftrca Flo -..._ _ 40
• irom�ur28. f9
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_ _C8>dAL7
(SEAL]
.—._..._.....�,— -WHAM
fX day of. April
hand and official seal,
Notary Pe61 .. "•
No. 939. WARHANIT IIBBD—Par 1'aotas ihle Ree.ri,—ThaBmiferd-Rcb1nmveptr.re.,lilrwRagman%Laailgionki,Dmrcr.
SKLD, Inc. LG SKL15975 WE 813239-1939.001
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•
Hecuriled ct_ � y�]I]a'6eier'19
856
THIitDEBA,Made this 29th day or _' beceober ,ip78
•
• between •' • . . .
THE WEICKER INVEST ENT COMPANY.'
a corporation duly organised ande.ietinir under and by virtue of the lows
sfthamote Of ,-:: Colorado.: art hi firm piirt,Rail ' _
WORK ENTERPRISES,' INC.
•e corporation duly uritaniaud and am{sling under and byvirtue at the laws -
cur flue stola at Colorado , °rthosecund part:whusolegal
address le 2900 Brighton Boulevard, Denver, Colorado,:.
JAN 8 . 1979
eeordrr. �p
. Wald.Caunty, •Colorado' '7- ' •• ,.w,_
RfrCORIt6R'itltTAMP
TENW)11,1 88TH, That the sold party of the first pelt, fey and in ronsideratinnoftha sum cut
v+0. J --___.•.... ~ '�00i4e,ARH
.. ANB OTHER VALUABLE CONSIDERATIONS •__'�
to -the moil party or the Oct part In hand paid by the acid party of the snored part, the receipt whereof Is hereby '
tor:farmed and sekiawledgeil, h.itti granted, bargained, sold and ienvuyaii, Med by tigxe'praeente deice grant, bargain.
sail, rnnruy unci renflrrn,'iinla ihe'nald party of the second part, Its sustainers and ;soigne threven alt the foRowiria :
•chcocrtbed_ traparcrl griped;altuite.lying and beinaIntiie - •Cauntyof ••' 'Weld
end EtudeotCelorado,to•wlts , •
The' West' Uae. Half ,-(Wl/2) of Section..75, :: .
'To nultip .2 North, Basle 63 :Waat. of' the •`::.. ...
• :: Bitola' Principal Meridian • • • : _ ' . ...
slaolmawn as str:eit end number
TOCIItIHEH. with ail end singular the heredltarnrnta end ripptertrnnnccu lhert'unin belonging, or in anywise,
appertaining. and the reversion and reieraione, remainder and remainder., runt.. issues and profits thereof, and all
•the estate; right, !lily, interact, etalm and demand whateuever or the amid partied the flint .part, either in law or
equity; of, Inrindtothsabs ebargained promlcgs, with the harudltirmenfaand sppurtenanros, •
TO'HAVE AN1}Tii 1'01.13 the maid premiers abort. lwrgatnrd and closer; hot, with the appurtrrtgncea unto the sold
party of the second port. its successors and waives forever. And the acid
' THE WEICKER INVESTMENT COMPANY
party of the first purl, for itself, it. suceesenrs end muulgna, cloth covenant, grant, leorgsin and egret. to and whit the
amid party of the seemed pert, he successors oral aseIgns, tllat at the time of the ensenling rend :Winery of thee.
prusente It Is well seised of the promiees above cenveytnl, an or wind. sure., perfect, obsolete and hUiifuoathlu estate or
lnhurttanee, in law, In fee Simple, and bath good right; full power and lawful authority to grunt, bnrgaln. sell and
convey the msme inmasheruod term aforesaid, and that the e.mu are free oriel char from ail former and other grants.
ticrgaine,sales,llunn, Isom, aisaMmenleand Ihrureibranceeofwhatever killer nature ruaver; EXCEPT first
deed of trust of record -
and tea above bargained promisee in the quirt and peaceable pessea.len of the said party of tine second part, its
enccessera nod assigns regained ell and every person or parsons lawfully einholen or to claim the whole or tiny part
ihuren!, the meld party of the Prat Inert shall sad will WA IMAM' AND FOREVER In:FENII,
IN WITHERS WHEREOF, Thu acid party of the first part iron caused its rurinirste nante to he hereunto
aucluarrltucul icy II presiduut.01111ItscorporateAraltobehereuntoaffixed,attestedby'its
secretary, the clay midyear first cbuve written.
Attest:
THE WEIC =R iNVET COMPANY •
I
%Lear l" . Wt. -r fz
Ii STATHOPCO1.ORABP.
City and Denver . 1101.Lountyof
Tile foregoing instrument woe arknewlet god Isamu:lie Ode - 29th
in78 ,by Hubert Work •
1 ellrnN4h.
i ..,I',1 w1, •
t I
Ruth H. Work .
By_
ork
day of
as
as
•
THE WEICKER INVESTMENT COMPANY,
My notarial tunulfiasionexpires, August 22, 1979.
W Itnesa my stand and official seal.
December,
President lend
ttrcrvetery of
- -a rarparatian,
NIN.1.1141.1niaaar,t101.rtt'.,p.railea i■ Corporal Fail —Qlelepra,ireI'll,kl'aIII I,isye I', lgrn%yer
euar SOP. i la.:, r..,h.radali l•auili-$.1s •... t5.3 or CC .,•'
„,,,,,..r,kt
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SAID, Inc. LG SEL15975 WE 1777938-1979.001
litraU8762
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1259 REC 02208762 03/23/90 13s02 410.00 1/002
F 0335 MARY ANN PEDRRSTEIN CLRRIc k R CORDER WELD co, co
5
5
rrAT8 OP CULURAUO
QUIT CLAIM DEED
THIS DEED, Made Ma 9th nom March .19 90.
bengal
THE WVICXER INVESTMIDI.. COMPANY,
a captlradan did), or naiad and Weans wada ad by virtue of the kw Oda State of
rottos
Colorado 'ed
WORK. ENTER#RISES, LNC.,
a cooperation tali' oria4izcsl and aniadne wax and by arm of dr Lim dim soar of
Co larado . maw, abase Wren 1+
15 Steele Strout, suite le, Denver, Colorado 80200
WITNESS, Thal dt groom fa and In consldetal Ian of the sum of
TEN DOLLARS and other good and valuable considerations DOLLARS,
the *nips and wflkie Nay of whirls la haraby ack.a.kdend. he mated, rckrai. Bald, canard ;WWII CLAIMED, + id by obeli! puma dtaa
moan, edam, Winnow/ad QUITCLAIM raauthe groans, in *woman arid amigo tram, aorta nDt,nil. bound, claim and donna rldail
the gran!« has In and to the real Kiwis washer with Improvements. if any. Onside. Iyina and being In the *Candy
of Weld and Slam of Colaadp. Malted to folio=
All that real estate described on EXHIDZT A
attached and a part of this deed.
'CO RAVIAND TOlWoi.Dgin saw vupcthe; Ilk sttar4alagdmday apron oiancea and prinhpeatha.a,atabafoaglag.orlaaayadaadamned
uppenaiakg,ledaltdtncask.rfphi.ilik,iaternteadclaim+vhitearee.ofIhapsoe tithe. lahwwavily. mike minnow urc,baaadeartdlaabeof
of the grantee, la nexawxa and wags. ft.etar.
IM WatN[5li WHI SOR Tba gnaw fur eatrw4 gas cprporail name id be banana a xabmibpd by Its
eorpcnaawAnal lobeheadman 'Doted.ataercdbyha Agri6tantSactetry.ling din and yewNrgabmewelttrts
Preddc+u, and bt1
' Tba forgoing imrsanaae rat lane riedod bekee ma this 9th ay of March , 19 90 •
.1 by HUGER? WORK as PIci M. g rd
flop+iW. AM= BA Assistant Dior
•1 'r'' 'wti �ss�Ea EIRIDS!HEHT CO14PAEY, a Colorado corporation.
My' enpkes OV rs trawr � CY Zit Orr*
j e
wle,ye+ra�`erfa>rda4a�u�oat...
it in tomb!. Insert 'City and."
179014990/
Nt+• 615. Wt n S.aS. QUIT CLAIM IUD 1Cwpwilou rcirpawllwsl Arnicaihharana.14ri W tth Ire., IaiaaM. CO /0ct4—il6ll s>149% 146 la
min, Inc. LG SKL15975 WE 2208762-1990.001'.
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1
B 1259 REC 02200762 03/23/90 13:02 $10.00 2/002
F 0336 MARY ANN FEUERETNIN CLBRX S RECORDER WELD CO, CO
EXHIBIT Attached to Quit Claim Deed dated March 9 1990
between TIM WEICXER INVW6TNZNT COMPANY, a Colorado
corporation, and WORK ENTRRPRIBBB, INC., a Colorado
corporation
The West One -Waif (Wi) of Section 35, Township 2
North, Range 63 West of they 6th P.M., in Weld
County, Colorado.
Together with all and singular, the hereditaxents and appurte-
nances thereto belonging, or in anywise appertaining: including,
but not limited to, any and all fixtures, fences, any and all
easements, rights -of -way, or other rights of access used in
conjunction with the Property, any and all growing crops, trees,
and shrubbery, and
Together with all water and water rights, ditches and ditch
rights, reservoirs and reservoir rights, springs and spring
rights, wells and well rights, both tributary and non -tributary
and designated and non -designated, on, under, appurtenant to, or:
used on the lands herein described, including but not limited to
the followings
the water rights represented by Wall Permit Nos,
1771 -FP (formerly 1771-R), 1772 -FP (formerly
1772*R), 1773 -FP (formerly 1773-R) and 1774 -PP
(formerly 1774-R), and
all interest in the Renrylyn Irrigation District
and water rights within said District associated
with or appurtenant to the land described above,
Including any and all easements and rights -of -way associated with
the water and water rights, including, but not limited to,
easements and rights -of -way for the carriage of water to the
Property, discharge of water from the Property, and storage of
water off of the Property: and including all headgates, flumes,
diversion structures and measuring structures, pumps, motors,
meters and other property used in delivering water to the Proper-
ty and Measuring water used on the Property;
Together with any and all personal property, fixtures and other
items used in conjunction with or associated With the foregoing
property, and specifically including all well pumps and irriga-
tion equipment; and
Together with all minerals of whatever kind or character, now
owned or hereafter acquired, including but not limited to, all
oil and gas and constituents thereof, gravel, sand and anal, in,
under and upon or that might be produced from the described
lands.
SKID, Inc. LG SKL15975 WE 2208762-1990.002
B 1239 ROC 02208764 03/23/90 13$03 $10.00 1/002
Atte2DlW7g M F 0339 MARY ANN FEUERST&Th CLERK 6 RECORDER WELD CO, CO
r
WARRANTY DEED
THIS DEED, Mack this 21st
dsy a>! Hekch
1990 . bstwean BORE ENTERPRISES, INC. r
a Colorado corporation
of the "Candy of
yule of CobmWa. gmmrr, and EAGLE PEAK FARMS, LTD.,
a colorado limited partnership
4t1fibl►, FWOV1aJY 1K" 1nYa ? lif9r /l 9t 97 pareac whore kml rtd&nnn Ia
c%o Stillwater Resources & Investments, Ina., One Park Centre
1333 West 120th Avenue, Suite 211, Denver, Colorado 80234
wriNESS8YN. Thu the swam kw led its mialdenakm ar Iha sum or
DOLLARS,
thereciptandtofllv'iescyufwhichhherebyeckaowldgcd,lFassrokrd,hrgek+ed.soldandcaercyed.tadbyIheopromodoerram, bargain, all,
coney rid twrlkna, Ware It.. pasta, 1I iucar>.or+and ..Mn.grn.iYac ad atlas mat Foamy, tardier with tm aceaos.roau. st a. c aluum, lyiag and
booth In the County of Weld sad sore ofColoradn. drerkhed at Wow
State DocIrnontary Fee
Pate
All that real estate described on EXHHISIT A
attached and a part of this deed.
4,0, dfy 07V000,WOO iif►k'
TOGETHER with malt tad ahagursr the hetedilamema add apptatettmcea *mann Inhaling or Is anywise appertaining, std she rondo and
n eirsloaa. raaainln and tawhakn, rata. Iswce sal far% *moor. and KO AK awe. right. thin. laast►e. claim aid detnsdd wt*aamse id din
gram*. either in lei in aptly. tiL is end to lie -bee bvgsiaed pentiwii, with fie lnsedl oleatu and apawkwmces.
1ORAVRAIID iCtIKM.pSetadprarnbeateenbridnedadd*smibetl.wldtslaappertaraaieoi trow. a.mammaamil eaa►gita
fever. And theraiax.herhheaelf,hisheiniaedyaarsasa%akpre.WYlwa,donammai.gram.homincudaroseMoodwhineplowe.Ha►aeae.sra
and a..lge. Ow at dr^ tree o rho enwsilig and delivery of IS... present,. ha h well sled of Oa prendia spew aDevoid. 'am gond,sea. poled.
abaah4c tad irlekribkesuec of InInrrurxe, in law, In 6e Ong*. road he pond right. hill gown nett lawral aohorhylu grew. bargain. sallied army
the time m manna, rd form n Woresadit, end that the was are hes rid clear tram rll haler rod Magma, bagels, taks.licm. tars, auemtacariv
enaanteencee oed maxtkenr of whatever kinder mean sown; crams
Thegraamorshall ail will WARRANT AND FOREVER DEFEND the aheaa-bxgsiaGttpainbetin the tptielanl geaeahk goenesloa oldie pertve.
fl, +oaaceuorn, anal eelgaaa. what t Miami rem pernnormama lawful lyclaikagus whdeor,aypoet rhanpf
'Mr anginal wart Inrltade the plural, dot Oval the stators aid the ate of any gemlar andk be Rp1b.ibk tea garden.
IN WITNESS INNER Ulf', The grantor his executed this dead on iha date set Witt abort.
The foregoing instrument was ackniselydgad leant its IN* 21st dayof Rakfch ,19 90,
by HUBERT WORK, as President. and JOHN W. ' ENG, as Assistant Secretary, of
WORK EbriERPR28ES, INC., a Colorado corporation.
My wool aids rxpira
Feb, 26, 1991
•
WHIRISs sty hold sad nihcid oral.
*din Mat - - -
:k
. .N ws A iv estD to cep MO Pw Magi* Maama so 00
COF tt`
WHIM PAO**. del$ W. felt Ave.. Natraaad. 0014—Mg)3PM=
SELD, Inc. 1,0 SKL15975 WE 2208764-1990.001
• t . B 1259 REC 02208764 03/23/90 13:03 00.00 2/002
• F 0340 MARY ANN FEDERSTEXN CLERK & RECORLER WELD CO, CO
EXHIBIT A TO THE WARRANTY DEED
BETWEEN WORK ENTERPRISES, INC. AND
EAGLE PEAK FARMS, LTD.
The property shall include the following:
The West One -Ralf (W1/2; of Section 35, Township 2 North,
Range 63 West of the 6th P.M., in Weld County, Colorado.
Together with all and singular, the hereditaments and
appurtenances thereto belonging, or in anywise appertaining;
including, but not limited to, any and all fixtures, fences, any
end all easements, rights -of -way, or other rights of access used
in conjunction with the Property, any and all growing crops,
trees, and shrubbery; and
Together with all water and water rights, ditches and ditch
rights, reservoirs and reservoir rights, springs and spring
rights, wells and well rights, both tributary and non -tributary
and designated and non -designated, on, under, appurtenant to, or
used on the lands herein described, including but not limited to
the following.
the water rights represented by Well Permit Nos. 1771 -
FP (formerly 1771-R), 1772 -FP (formerly 1772-R), 1773 -
FP (formerly 1773-R) and 1774 -FP (formerly 1774-R): and
all interest in the Henrylyn Irrigation District and
water rights within said District associated with cr
appurtenant to the land described above;
Including any and all easements and rights -of -way associated with
the water and water rights, including, but not limited to,
easements and rights -of -way for the carriage of water to the
Property, discharge of water from the Property, and storage of
water off of the Property; and including all heedgates, flumes,
diversion structures and measuring structures, pumps, motors,
meters and other property used in delivering water to the
Property and measuring water used on the Property;
Together with any and all personal property, fixtures and other
items used in conjunction with or associated with the foregoing
property, and specifically including all well pumps and
irrigation equipment;
Together with all minerals of whatever kind or character, now
owned or hereafter acquired, including but not limited to, all
oil and gas and constituents thereof, gravel, sand and coal, in,
under and upon or that might be produced from the described
lands.
SKLDJ Inc. LG SKL15975 WE 2208764-1990.002
C.)
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Weld Comity CO Clerk & Recorder 146.00
SPECIAL WARRANTY DEED
THIS DEED, Made this 13th day of February, 1996, between Eagle Peak Farms, Ltd.,
a Colorado limited partnership, "grantor" and Prospect Valley Farms, Ltd., a Colorado limited
partnership, whose legal address is 1942 Broadway, Suite 506, Boulder, Colorado 80302, County
of Boulder, State of Colorado, 'grantee:
WiTNESSETH, That the grantor, for the sum of less then Five Hundred Dollars
($500.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant bargain, sell, convey, and confirm, unto the grantees, the grantees' heirs end assigns
forever, all the real property, together with improvements, if any, situate, lying and being in the
County of Weld, State of Colorado, described as follows:
The Property described on the attached Exhibit A which is incorporated by this
reference.
TOGETHER with all and singular the hereditament, and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantees, the grantees' heirs and assigns forever. And the grantor, for
the grantor, the grantor's successors and assigns, does covenant and agree that grantor shall
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grannies, the grantees' heirs and assigns, against all and every person or persons
claiming the whole or any part thereof, by, through or under the grantor.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
1
€:1111uFi11I11[[ll [l ..
Eagle Peak Perms, Ltd., a
Colo limited partnership
W ven peer, General Partner
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STATE OF COLORADO )
) 5s.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 13th day of February, 1996,
by EaglePeak Farms, Ltd., a Colorado limited partnership, by Walrsven Ketegapper, as g neral.,..
o
partner. Witness my hand and official seal.
�..
My commission expires:
2
Notary
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EXHIBIT A TO THE SPECIAL WARRANTY DEED FROM
EAGLE PEAK FARMS, LTD., A COLORADO
LIMITED PARTNERSHIP
TO
PROSPECT VALLEY FARMS, LTD., A COLORADO
LIImm PARS
The property included within the Special Warranty Deed shall include the following described
land, water rights, easements, rights -of -way and other interests in land, buildings, and other
structures, but subject to the following deraibed limitations and restrictions on the land and water
rights:
RARf;FL,c.1
Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th
P.M., Weld County, Colorado.
Together with all and singular, the hereditament% and appurtenances thereto belonging, or in
anywise appertaining; including, but not limited to, any and all textures, fences, any and all
easements, rights -of --way, or other rights of access used in conjunction with the Property, ant and
all growing crops, trees, shrubbery; and
Together with.all water and water rights, ditches and ditch rights, reservoirs and reservoir rights,
springs and spring rights, wells and well rights, both tributary and non -tributary and designated
.and non -designated, on, under, appurtenant to, or used on the lands herein described, including
but not limited to the following:
the water rights represented by Well Permit No. 236-R, also referred to as Final
Permit No. 31519 -FP, Well Permit No. 235-R, also referred to as Final Permit
No. 31518 -FP, Well Permit No. 237-R, also referred to as Final Permit No.
31520 -FP. Well Permit No. 13205, and Well Permit No. 69377, and
all interest in the Henrylyn Irrigation District and water rights within said District
associated with or appurtenant to the land described above.
Including any and all easements and rights -of -way associated with the water and water rights,
including, but not limited to, easements and rights -of -way for the carriage of water to the
Property, discharge of water from the Property, and storage of water off of the Property; and
including all rtes, flumes, diversion structures and measuring structures, pumps, meters and
other property used in delivering water to the Property and measuring water used on the Property,
and specifically including, (A) the pipeline for irrigation water as reserved in the deed recorded
on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents
recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book
3
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1057, Reception No. 01997476, in the offices of the Weld County Clerk and Recorder, and said
easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154,
and March 5, 1970 in Book 621 as Reception No. 1543408, and any applicable amendments; and
Together with any and all personal property, fixtures and other items used in conjunction with or
associated with the foregoing property, and specifically including all well pumps and irrigation
equipment; and
Together with all minerals of whatever kind or character, including but not limited to, all oil and
gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced
from the described lands; including, but not limited to, an interest in the Oil and Gas lease
-between William C. Busch and Sally R. Busch, as Lessors and Donald 1. Foster, as Lessee, for
a primary term of two years, dated October 25, 1980, and recorded October 30, 1980 in Book 918
as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the
said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S., by
Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No.
1937115, and the ratification of the Oil and Gas Lease dated November 21, 1980 and signed by
William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch, and the Extension
of Orland Gas Lease dated February 8, 1982 and signed by William C. Busch and Sally R. Busch
and Robert J. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas
and minerals underlying the E1/2 of Section 30, Township 1 North, Range 63 West of the 6th
P.M. as retained in a deed recorded in Book 734, Reception No. 1656259, in the Books and
Records of the Weld County Clerk and Recorder.
The Property is subject to the foregoing and the following restrictions and limitations:
1,
Rights of way for county roads 30 feet wide on each side of Section and Township
lines, as established by Order of the Board of County Commissioners for Weld
County, recorded October 14, 1889 in Book 86 at Page 273.
(Affects all of subject property)
2. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his
ore; and (2) right of way for any ditches or canals constructed by authority of
United States, in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425.
(Affects NE1/4 Section 30)
3. Reservation of right of way for any ditches or canals constructed by authority of
United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page
192.
(Affects SE1/4 Section 30)
4. Easement and right of way to construct, operate and maintain an electric
transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures
i71�U01III�Q I1H[ . IT
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and devices, as granted to the United States of America by Allen G. Abbott, in the
instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the
following described property:
Beginning at a point on the West line of said N131/4, Section
30, being 1421 feet South of the North quarter -comer of
said Section 30; thence S89°57'13 a distance of 2717.3 feet,
mate or less, to a point on the East line of said NE1/4,
being 1434.5 feet South of the Northeast corner of said
Section 30. Said easement being 37.5 feet of either side of
the herein above described centerline.
5. Easement and right of way for the delivery of water, as granted to William R. Bell
and Carol C. Bell by Eagle Peak Farms, Ltd., a Colorado limited partnership,
recorded June 23, 1995 in Book 1498 as Reception No. 2443834, affecting the
following described property:
West 3D feet of the E1/2 of Section 30.
6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1,
1981 in Book 949 as Reception No, 1870705; Colorado Interstate Gas Company,
recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated
Natural Gas, Inc., recorded April 10, 1981 in Book 1229 as Reception No.
2175917; Public Service Company of Colorado, recorded November 9, 1981 in
Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded
Mardi 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply
Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300.
PAttCEL D:
Parcel 1: All that part of Se don 27, Township 1 North, Range 63 West of
the 6th P.M., Weld County, Colorado, lying North and West of Prospect lateral.
EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation
District by deed recorded June 9, 1923 in Book 711 at Page 148, being more
particularly described as follows;
BEGINNING at the Northwest corner of Section 27, running thence East along the
North line of said Section for a distance of 820 feet, thence South 1060 feet, thence
West 820 feet, thence North 1060 feet to the POINT OF BEGINNING.
ALSO EXCEL:TING THEREFROM aparcel of land conveyed by Deeds recorded
February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in
Book 1352 at Page 249.
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Together with all and singular, the hercditaments and appurtenances thereto belonging, or in
anywise appertaining; including, but not limited to, any and all fixtures, all other homes and
buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of
access used in conjunction with the Property, any and ail growing crops, trees, and shrubbery;
and
Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights,
springs and spring rights, wells and well rights, both tributary -and non -tributary and designated
and non -designated, on, under, appurtenant to, or used on the lands herein described, including
but not limited to the following:
The water rights represented by Well Permit No. 12123 -FP (former Permit No.
12123-R), Well Permit No. 12124 -FP (former Permit No. 12124-R), the Carder -
Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any
and all easements, rights of way and appurtenances thereto as evidenced by
instruments recorded February 21, 1948 in Book 1221 at Page 465, and recorded
March 15, 1953 in Book 1352 at Page 249 (Affects Section 27); and
All interest in the l%trylyn Irrigation District and water rights within said District
associated with or appurtenant to the land described above;
Including any -and all easements and rights -of -way associated with the water and water rights,
including, but not limited to, easements and rights -Of -way for the carriage of water to the
Property, discharge of water from the Pic naty, and storage .of water off of the Property; and
including all headgatce, flumes, diversion stnactures and measuring structures, pumps, meters and
other property used in delivering water to the Property and measuring water used on the Property;
Together with any and ail personal property, fixtures and other items used in conjunction with or
associated with the foregoing property, and -specifically including all well pumps and irrigation
equipment; and
Together with all minerals of whatever kind or character owned by the grantor, including but not
limited to, all oil and gas and constituents thereof, gravel, -sand and coal, in, under and upon or
that might be produced from the described lands now owned or hereafter acquired; -and
Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder
and Vester Carder and W. H. Bright and John D. Bright, as recorded on January 20, 1940 in
Book 1056 at Page 119.
The Property is subject to the following restrictions and limitations:
6
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1. Bights of way for County Roads thirty (30) feet wide on each side of Section and
Township lines, as established by Order of the Beard of County Commissioners for
Weld County, recorded October 14, 1889 in Book 86 at Page 273.
2. Reservations by the Union Pacific Land Company of (1) all oil, coal and other
minerals underlying subject property, (2) the exclusive right to pwi for, mine
and remove oil, coal and other minds, and (3) the right of ingress and egress and
regress to prospect for, mine and remove oil, coal and other minerals, all as
contained in Deed recorded October 5, 1904 in Book 217 at Page 218.
3. Easement and right of way for construction, use and maintenance of an irrigation
ditch, and ingress and egress and regress, from ditch:and pumping plant purposes
granted to Arthur P. Jackson, Sr. by Venter Carder and Lucile Carder by
instrument recorded February 21, 1948 in Book 1221 at Page 465 and March 15,
1953 in Book 1352 at Page 249, of said deeds, in which the specific location of the
easement is not defined.
4. Easement and right of way for Prospect Lateral, as evidenced by deed recorded
May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined.
5. Easement and right of way to construct, operate and maintain an electric
transmissiortline, as granted to the United States of America by Venter Carder and
Lucile Carder, Keenesburg, Colorado, in the instrument recorded May 10, 1951
in Book 1302 at Page 437, affecting the following described property:
The South half of the Northwest quarter, and that part of the Northeast quarter
lying North and West of Prospect Lateral, Section 27, Township I North, Range
63 West of the 6th P.M. The center line of the route of said line of poles and
wires to be erected across said lands shall be as follows: Beginning at a point on
the West line of said S112 NW1/4, Section 27, being 1463 feet South of the
Northwest corner of said Section 27; thence South 89°54' East a distance of
3965.5 feet, more or less, to a point on the center line of said Prospect Lateral,
whence the Northwest corner of said Section 27 bears North 69°39' West 4226
feet. Said easement being 37.5 feet on either side of the centerline.
6. The property is also subject to the following easements, the precise location of
which is not specified:
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705;
(b) Colorado Interstate Gas Company, recorded August 31, 19M in
Book 1041 as Reception -No. 1979784;
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book
1229 as Reception No. 2175917;
7
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(d) Public Service Company of Colorado, recorded November 9, 1981 in Book
952 as Reception No. 1874084;
(e) Western Slope Gas Company, recorded March 9, 1983 in Book 990
as Reception No. 1919757; and
(t) Western Gas Supply Company, recorded April 2, 1985 in Book
1063 as Reception No. 2004300.
7. Terms, agreements, provisions, conditions and obligations as contained in
Memorandum of Surface Damage Agreement by and between Eagle Peak Farms,
Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July
21, 1994 in Book 1451 as Reception No. 02398575.
8. Terms, agreements, provisions, conditions and obligations as contained in Surface
Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited
Partnership and Union Pacific Resources Company recorded August 1, 1994 in
Book 1453 as Reception No. 2400222.
9. Right of way, whether in fee or easement only, for a pipeline and appurtenances,
as granted to Amoco Pipeline company, a Maine Corporation by Eagle Peak
Fauns, Ltd., a Colorado Limited Partnership, recorded December 8, 1995 in book
1521 as Reception No. 2466831, as more particularly described in said instrument.
PARCEL F:F:
Parcel 1; All of the North Half (N1/2) of Section 23, Township 1 North, Range 63
West of the 6th P.M., Weld County, Colorado.
EXCEPTING therefrom a parcel of land as conveyed to Weld County by Deed recorded
June 27, 1922 in Book 622 at Page 443;
ALSO EXCEPTING therefrom a parcel of land as conveyed to the State Department of
Highways, Division of Highways, State of Colorado by deed recorded August 30, 1990
in Book 1274 as Reception No. 02225396 and Corrective Deed recorded December 26,
1990 in Book 1285 as Reception No. 02236724.
P-areel2: The North 1&.112 feet of the Southeast Quarter (SE1/4) of Section 22,
Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado.
Together with all and singular, the hereditaments and appurtenances thereto belonging, or in
anywise appertaining; including but not limited to, any and all fixtures, all other homes and
buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of
access used in conjunction with the Property, any and all growing crops, trees, and shrubbery;
and
a
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Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights,
springs and spring rights, wells and well rights, both tributary and non -tributary and designated
and non -designated, on, under, appurtenant to, or used on the land herein described, including
but not limited to the following:
The water rights represented by irrigation well Permit No. 31526 -FP (former
Permit No. 4477-R), which right was also adjudicated as Underground Water
Well, State Engineer Permit No. 4477, in the District Court for Weld County,
Colorado, Civil Action No. 16704, -No. 382 by the Findings and Decree dated
March 26, 1971, and by irrigation well Permit No. 31527 -FP (former Permit No.
4476-R), which right was also adjudicated as Underground Water Well, State
Engineer Permit No. 4478, in the District Court for Weld County, Colorado, Civil
Action No. 16704, No. 382, by the Findings and Decree dated March 26, 1971,
and by small capacity well Permit No. 76464;
All interest in the Henrylyn Irrigation District and water rights within said District
associated with or appurtenant to the land described above.
Including any and all easements and rights -of -way associated with the water -and water rights,
including, but not limited to, easements and rights -of -way for the carriage of water to the
Property, discharge of water from the Property, and storage of water off of the Property, and
specifically including without limitation:
The License for -an eight -inch (8') aluminum irrigation pipe across the county road
existing between Sections 22 and 23, Township 1 North, Range 63 West of the 6th
P.M.. Weld County, Colorado, said pipe traversing the county road from the
Northeast Corner of the Southeast Quarter (SEIl4) of said Section 22 to the
Southwest Corner of the Northwest Quarter (NWI/4) f4) of said Section 23, as granted
by The Board of County Commissioners, Weld County, Colorado .to Leonard
Baumgartner, and as conveyed to Dave and Crete I. Baumgartner by the Warranty
Deed in Joint Tenancy recorded September 15, 1969 in Book 615, Reception No.
1536793, wherein the date of said License is stated to be March 19, 1969;
including all headgates, flumes, diversion structures and measuring structures, pumps, motors,
meters -and other property used in delivering water to the Property and measuring water used on
the Property;
Together with any and all personal property, fixtures and other items used in conjunction with or
associated with the foregoing property, and including without limitation, all well pumps, motors
and irrigation equipment;
9
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Together with all minerals of whatever kind or character, including but not limited to, all oil and
gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced
from the described lands, now owned or hereafter acquired.
The property is subject to the following limitations and restrictions:
1.. Mineral Deed and Royalty Conveyance from Ben H. Bregg and Artie P. Gregg to
Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566,
under Reception No. 1487904, Weld County Records, conveying an undivided
2/12 interest in and to all of the oil, gas, and other minerals in and under, and that
may be produced from said land. (Parcels 1 and 2)
2. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg,
Kent Bradley Gregg -and Gwendolyn lane Gregg recorded April 28, 1966 in Book
566, under Reception No. 1487905, Weld County Records, conveying an
undivided 1/12 interest in and to all of the oil, gas, and other minerals in and
under, and that may be produced from said land. (Parcels 1 and 2)
3. Mineral Deed from Union Pacific Land Resources Corporation to Champlin
Petroleum Company recorded March 24, 1972 in Book 664, under Reception
Number 1586146, Weld County Records, conveying all interest in and to all of the
oil, gas (gaa, casinghead gas, distillate, condensate, helium and all other gaseous
substances) & associated liquid hydrocarbons in and under, and that may be
produced from said land. Said interest being reconveyed to Union Pacific Land
Resources Corporation in Quit Claim Deed recorded on June 6, 1977 in Book 799
under Reception No. 1720995, Weld County Records. (Parcel 1)
4. Mineral Deed from Union Pacific Land Resources Corporation to Champlin
Petroleum Company recorded January 25, 1978 in Book 821, under Reception
Number 1742593, Weld County Records. (Parcel l )
5. Oil and gas lease executed by Champlin Petroleum Company, as lessor, and
Amoco Production Company, as lessee, recorded January 25, 1978 in Book 821,
under Reception Number 1742594, Weld County Records. (Parcel 1)
6. Quit Claim of Right of Way and Surface Lease granted to Snyder Operating
Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under
Reception Number 2109449, Weld County Records. (Parcel 1) Estoppel of
Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as
recorded on December 28, 1989 in Book 1252 under Reception No. 221215.
10
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7. Right of Way for county roads 30 feet wide on either side of section and township
lines, as established by the Board of County Commissioners for Weld County,
recorded October 14, 1889 in Book 86 at Page 273, Weld County Records.
8. A Condition contained in the United States Patent recorded July 3, 1902 in Book
201, at Page 60, Weld County Records, which.states as fellows: "Yet excluding
and excepting from the transfer, by these presents, 'All mineral rands' should any
such be found to exist in the tracts described in the foregoing, but this exclusion
and exception according to the terms of the statute, 'shall not be construed to
include coal and iron land'." (Parcel 1)
9. Reservation as contained in instrument from The Union Pacific land Company to
AMC Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at
Page 164, Weld County Records, which is as follows: "EXCEPTING AND
RESERVING:
FIRST: All coal and other minerals within or underlying said lands.
SECOND: The exclusive right to prospect in and upon said land for coal and other
minerals, therein or which may be supposed to be therein, and to urine for and
remove from said land all coal and other minerals which may be found thereon by
anyone.
THIRD: The right of ingress, egress and regress upon -mid land to prospect for,
mine and remove any and all such coal or other minerals and the right to use so
much of said land as may be convenient or necessary for the right of way to and
from such prospect places, mines, and for the convenient and proper operation of
such prospect places, mines and for roads and approaches thereto, or for removal
therefrom of coal, mineral, machinery or other materials.
FOURTH: The right to Union Pacific Railroad Company to maintain and operate
its railroad in its present form of construction or method of -operation of said
railroad and to make any change in the form of construction or method of operation
of said Railroad." (Parcel 1)
10. Deed fora 70 foot road on the West side of the Northwest Quarter as granted to
Prank B. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428,
Weld County Records. Said strip of land conveyed in Deed to Weld County
recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records.
(Parcel 1)
11. A Condition contained in the United States Patent recorded March 12, 1924 in
Book 677, at Page 86, Weld County Records, which states as follows: "Subject
to any vested and accrued water rights for mining, agricultural, manufacturing or
other purposes, and right to ditches and reservoirs used in connection with such
water rights, as may be recognized and acknowledged by the local customs, laws
and decisions of Courts; and there is reserved from the lands hereby granted, a
11.
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right of way thereon for ditches or canals constructed by the authority of the United
States." (Parcel 2)
12. Reservation of an undivided one-half of all oil, gas, and minerals underlying
subject property, as =saved by The Federal Land Bank of Wichita, in instrument
recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records.
(Parcel 2)
13. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to
Mark P. Gregg, Ben H. Gregg, Jr. and Jane G. Wallower, dated December 22,
1950, and recorded January 5, 1951 in Book 1291, at page 62 of the Weld County
Records, conveying an undivided 3/4 interest in and to all of the oil, gas, -and other
minerals in and under, and that may be produced from said land. (Parcels 1 and
2)
14. Oil and gas lease dated December 18, 1981 executed by Dave Baumgartner and
Crete Baumgartner, as lessor, and Centennial Petroleum, Inc., as lessee, recorded
January 6, 1982 in Book 958, under Reception Number 1879090, Weld County
Records, for a primary term of Two (2) years, and as long thereafter as oil, gas,
other hydrocarbons, or other minerals is produced from said land hereunder, or
drilling or reworking operations are conducted thereon. (Parcel 2)
15. Terms, agreements, provisions, conditions and obligations as contained in Surface
Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited
Partnership and Union Pacific Resources Company recorded September 2, 1992
in Book 1349 as Reception No. 02302142. (Affects Parcel 1)
16. Terms, agreements, provisions, conditions and obligations as contained in
Agreement by -and between Eagle Peak Rums, Ltd., and Lomita Operating
Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677.
(Affects Parcel 1)
17. Easement and right of way for pipeline and other appurtenances, as granted to
Snyder Oil Corporation by Eagle Peak Farms, Ltd., in the instrument recorded
April 23, 1993 in Book 1380 as Reception No. 02330230, the location of which
is shown in the map attached to said instrument. (Affects Parcel 1)
18. Terms, agreements, provisions, conditions and obligations as contained in
Memorandum of Surface Damage Agreement by and between Eagle Peak Farms,
Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July
21, 1994 in Book 1451 as reception No. 02398575. (Affects Parcel 1)
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19. Terms, agreements, provisions, conditions and obligations as contained in Surface
Owner's Agreemart by and between Eagle Peak Farms, Ltd., a Colorado Limited
Partnership and Union Pacific Resources Company recorded July 25, 1994 in Book
1452 as Reception No. 02398961. (Affects Parcel 1)
The following general notices of undergrowxl facilities have been filed pursuant to Section
9-1.5-103, C.R.S.:
a) Mountain Bell Telephone Company, recorded October 1, 1381 in Book 949
as Reception No. 1870705.
b) Associated Natural Gas, Inc., recorded July 20, 1984 in Boot 1037 as
Reception No. 1974810.
c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041
as Reception No. 1979784.
d) Public Service Company of Colorado, recorded November 9, 1981 in Book
952 as Reception No. 1874084.
e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as
Reception No. 2004300.
FARM, G;
Lot B of Recorded Exemption No. 1477-09-2RE1514, recorded October 18, 1993
in Book 1407 as Reception No. 02355469, being a part of the NW1/4 of Section
9, Township 1 North, Range 63 West of the filch P.M., County of Weld, State of
Colorado.
Together with all and singular, .the hurditaments and appurtenances thereto 'belonging, or in
anywise appertaining; including but not limited to, any and all fixtures, all other homes and
buildings, mobile homes, barns, fences, any and all casements, rights -of -way, or other rights of
access used in conjunction with the Property, any and all growing crops, trees, and shrubbery;
and
Together with all water and •water rights, ditches and ditch rights, reservoirs and reservoir rights,
springs and spring rights, wells and well rights, both tributary and non -tributary and designated
and non -designated, on, under, appurtenant to, or used on the land herein described, including
but not limited to the following:
the water rights represented by Final Permit No. 31595 FP (formerly Permit No. 11587-
R); and
All interest in the Marylyn Irrigation District and water rights within said District
associated with or appurtenant to the land described above.
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Including any and all easements and rights -of -way associated with the water and water rights,
including, but not limited to, easements and rights -of -way for the carriage of water to the
Property, discharge of water from the Property, and storage of water off of the Property; and
specifically including the irrigation well and easement and right -of way on, across and under the
Southwest Quarter (SW114) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as
reserved unto John W. Meyers, Ir., and William B. Phillips in a Warranty Deed recorded
December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by
Permit No. R -11587R (now Final Permit No. 31595 -PP), together with permanent access for
ingress and egress to said well on the existing east -west farm road to operate, repair, maintain,
re drill and/or replace said well, the underground pipeline from said well, which supplies water
from said well to the Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63
West of the 6th P.M., subject to provisions set out in above mentioned Warranty Deed; and
including all hcadgatea, flumes, diversion structures and measuring structures, pumps, motors and
other property used in delivering water to the Property and measuring water used on the Property;
and
Together with any and all personal property, fixtures and other items used in conjunction with or
associated with the 'foregoing property, and specifically including all well pumps and irrigation
equipment; and
Together with all minerals of whatever kind or character, including but not limited to, all oil and
gas and constituents thereof, gravel, sand and coal, in. under and upon or that might be produced
from the described lands, now owned or hereafter acquired.
Together with the reservations and exceptions from the conveyance from Bogle Peak Farms, Ltd.,
a Colorado limited partnership, to William F. Kramer and Wanda P. Kramer by a Warranty Deed
dated November 12, 1993, and recorded oar November 15, 1993, as Book 1412, Reception No.
02359735, of the books and records of the Weld County Clerk and Recorder, pertaining to the
following described land:
Lot A of Recorded Rxemption-No. 1477.09-28131514, 'recorded October 18, 1993
in Book 1407 as Reception No. 02355469, being a part of the-NW114 of Section
9, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of
Colorado.
The reservations and exceptions are more particularly described as follows:
All water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs
and spring rights, wells and well rights, both tributary and non -tributary and designated
and non -designated, on, under, appurtenant to, or used on the following described land,
which is hereinafter referred to as "the Property", which is described as the Northwest
Quarter (NWI/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., except
the land described as Lot A above, including but not limited to the following:
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The water rights represented by Final Permit No. 31595 -FP (formerly Permit No. 11587-
R) issued by the Colorado Ground Water Commission; -and
All interest in the Henrylyn Irrigation District and water rights within said District
associated with or appurtenant to the Property.
Including any and all easements and rights -of -way associated with the water and water
rights, including, but not limited to, easements and rights -of -way for the carriage of water
to the Property, discharge of water from the Property, and storage of water off of the
Property, and specifically including the irrigation well and easement and right -of way on,
across and under the Southwest Quarter (SW 1/4) of Section 9, Township 1 North, Range
63 West of the 6th P.M., as reserved unto John W. Meyers, Jr., and William B. Phillips
in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818
for the irrigation well designated by Permit No. R--11587 (now Final Permit No. 31595 -
FP), together with permanent access for ingress and egress to said well on the existing
east -west faun road to operate, repair, maintain, re -drill and/or replace said well and the
underground pipeline from said well which supplies irrigation water to the Northwest
Quarter (NW1/4) of Section 9, Township I North, Range 63 West of the 6th P.M., and
is further set forth in said Warranty Deed; and including all headgatcs, flumes, diversion
structures and measuring structures, pumps, motors and other property used in delivering
water to the Property and measuring water used on the Property;
Together with any and all personal property, fixtures and other items used in conjunction
with or associated with the Property, and specifically including all well pumps and
irrigation equipment.
Grantor further reserves and excepts from this conveyance a right-of-way and easement
on and across the land conveyed by this Deed for ingress and egress to the Property. The
land conveyed by this Deed may be traversed with vehicles of any type or description for
the use and benefit of the Property.
The property is subject to the following restrictions and limitations:
1. Rights of way for county roads 30 feet wide on each side of Section and Township
lines, as established by Order of the Board of County Commissioners for Weld
County, recorded October 14, 1889 in Book 86 at Page 273.
2. Right of way and easement for "Enlargement of The D.A. Ford Reservoir No. 4"
as evidenced by Statement filed August 26, 1907 as No. 121990. Describes win
NWl/4 and NE1/4 of NW1/4, Section 9, Township 1 North, Range 63 West of
the 6th P.M. (with other lands).
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3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other
minerals underlying subject property, (2) the exclusive right to prospect for, mine
and remove oil, coal and other minerals, and (3) the right of ingress and egress and
regress to prospect for, mine and remove oil, coal and other minerals, all as
contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any
interests therein or rights thereunder.
4. Easement and right of way for railroad purposes, as granted to The Chicago,
Burlington & Quincy Railroad Company by Charles B. Christy, in the instrument
recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the
following described property:
A strip of land 50 feet wide on the Westerly side of and adjoining the
center line of the beet spur track of the railroad of said railroad company
as now surveyed, over and across the El/2 of the W1/2 of Section 9,
Township 1 North, Range 63 West of the 6th P.M., and a strip of land 50
feet wide on the Easterly side andadjoining said center line of the railroad
over and across the W1/2 of the NB1/4 of said Section 9. It is also
stipulated that if this land hereby conveyed shall cease to be used for
railroad purposes in that event it shall revert to this grantor.
5. Easement and right of way for road purposes, as granted to Weld County,
Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911
at Page 64, affecting the following described property:
A strip of ground 10 feet wide it being all of the South 10 feet of the North
40 feet of the Nl/2, Section 9, Township 1 North, Range 63 West of the
6th P.M.
6. Terms, agreements, provisions, conditions and obligations as contained in Surface
Owner's Agreement by and between Eagle Peak Farms, I.td., and Union Pacific
Resources Company recorded May 22, 1992 in Book 1337 as Reception No.
02288934.
7. A 30 feet wide access, utility, water well and water line Fasement over the
Northwesterly portion of subject property as •shown on Recorded Exemption No.
1477-09-2-R131514, recorded October 18, 1993 in Book 1407 as Reception No.
02355469,
)PARCEL Ut
The West One -Half (W1/2) of Section 35, Township 2 North, Range 63 West of the 6th
P.M., in Weld County, Colorado.
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Together with all and singular, the hereditarnents and appurtenances thereto belonging, or in
anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all
easements, rights -of -way, or other rights of access used in conjunction with the Property, any and
all growing crops, trees, and shrubbery; and
Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights,
springs and spring rights, wells and well rights, both tributary and non -tributary and designated
and non -designated, on, under, appurtenant to, or used on the lands herein described, including
but not limited to the following:
the water rights represented by Well Permit Nos. 1711 -FP (formerly 1771-R),
1772 -PP (formerly 1772-R), 1773 -FP (formerly 1773-R) and 1774 -FP (formerly
1774-R); and
all interest in the Henrylyn Irrigation District and water rights within said District
associated with or appurtenant to the land described above;
Including any and all easements and rights -of -way associated with the water and water rights,
including, but not limited to, easements and rights -of -way for the carriage of water to the
Property, discharge of water from the Property, and storage of water off of the Property; and
including all headgates, flumes, diversion structures and measuring structures, pumps, motors,
meters and other property used in delivering water to the Property and measuring water used on
the Property;
Together with any and -all personal property, fixtures and other items used in conjunction with or
associated with the' foregoing property, and specifically including all well pumps and irrigation
equipment;
Together with all minerals of whatever kind or character, now owned or hereafter acquired,
including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in,
under and upon or that might be produced from the described lands.
The property is subject to the following restrictions and limitations:
1. Rights of way for county roads 30 feet wide on each side of Section and Township
lines, as established by Order of the Board of County Commissioners for Weld
County, recorded October 14, 1889 in Book 86 at Page 273.
2. 'Reservation of right of way for any ditches or canals constructed by authority of
the United States, in U.S. Patent recorded September 12, 1916 in Book 385 at page
185.
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3. Easement and right of way for an electric transmission line and other
appurtena.nces, granted to the United States of America by The Weicker Investment
Company, a Colorado Corporation by instrument recorded December 6, 1944 in
Book 1145 at Page 353', in which the .specific location of the easement is not
defined. (Affects the NWI/4 NWI/4 of Section 35)
4. Easement and right of way for a right of way 60 feet in width located in the
SW1/4SW1/4 Section 35, Township 2• North, Range 63 West, granted to Phillips
Petroleum Company by Weicker Investment Company by instrument recorded
March 24, 1975 in Book 735 as Reception No. 1656542, in which the specific
location of the easement is not defined. (Affect' the SW1/4 SW1/4 of Section 35)
5. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership
and 1. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in
Book 1446 .as Reception No. 02393566, and any interests therein or rights
thereunder.
PARCEL It
Parcel 1: The N112 of the NE1/4 and the SW1/4 of the NEI/4 of Section 32,
Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado
EXCEFr the East 15 feet of the SW114 of the NE1/4 thereof.
Parcel 2: The S1/2 of Section 33, Township 2 North, Range 63 West of the
6th P.M., in Weld County, Colorado
Parcel 3: The NEI/4, the W1/2 of the SE1/4 and the SE1/4 of the NW1/4 of
Section 4, Township 1 North, Range 63 West of the 6th P.M., in Weld County,
Colorado
EXCEPTING THEREFROM a parcel of land conveyed by deed recorded
September 2, 1948 in Book 1233 at Page 516, described as follows:
13FG1NNING at a paint 47.6 feet East and 30 feet South of the Northwest Corner
of said •NE1/4 of said Section 4, said point being the intersection of South
boundary line of County Road and East right of way line of the Chicago,
Burlington & Quincy Railroad;
thence N88054`E on said South boundary line of said County Road, 110.02 feet
to a point;
thence South parallel with said East right of way line of said Railroad, 1121.7 feet
to a point;
thence S511'55' W, 139.75 feet to a point on said East right of way line of said
Railroad;
-thence North on said East right of way line of said Railroad 1210.0 feet to the
POINT OF BEGINNING.
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EXCBFTINC THEREFROM parcels of land as conveyed by deeds recorded in Book 779
at Pages 231, 246 and 389.
And specifically including, but not limited to, a parcel of land located in the Northeast
Quarter (NB1/4) of the Northeast Quarter (NB1/4) of Section 4, Township 1 North, Range 63
West of the 6th F.M., which parcel is more particularly described as follows:
A 10 foot by 10 foot tract of which the Northeast corner thereof lies 206 feet South
and 54 feet West of the Northeast corner of Section 4, Township 1 North, Range
63 West of the 6th P.M., Weld County, Colorado.
Together with the easement and right of way associated with said parcel, all of which is set forth
in the Basement recorded March 22, 1984 in Book 1024, Reception No. 1960174 with the Clerk
and Recorder of Weld County.
Together with all and singular, the dity ne nts and appurtenances thereto belonging, or
In anywise 41 pertaining; including but not limited to, -any and all fixtures, fences, any and all
easements, rights -of -way, or other rights of access used in conjunction with the Property,
specifically including, but not limited to, all right and interest in the Agreement dated June 7,
1951 between Frank A. Neill and Rispah A. Neill, Clarence O. Byrnes and Annie Faye Byrnes,
and H. B. Crow, recorded August 13, 1951 in Book 1309, Page 220, Reception No. 1112303
with the Clerk and Recorder of Weld County, and the Agreement dated June 7, 1951 between
Clarence O. Byrnes and Annie Faye Byrnes, and H. B. Crow, recorded August 13, 1951 in Book
1309, Page 224, Reception No. 1112304 with the Clerk and Recorder of Weld County; and any
and all growing crops, trees, and shrubbery; and
Together with all water and watrrrights, ditches and ditch rights, reservoirs and reservoir
rights, springs and spring rights, wells -and well rights, both tributary and non -tributary and
designated and non -designated, on, under, appurtenant to, or presently used on the land herein
described, including but not limited to the following:
The water rights represented by Final Permit No. 31654 -FP, formerly Well Permit
No. 16248-R; the water rights represented by Final Permit No. 31653 -FP,
formerly Well Permit No. 16247-R; the water rights represented by Final Permit
No. 31652 FP, formerly Well Permit No. 16246-R; the water rights represented
by Final Permit No. 31612 -FP, formerly Well Permit No. 12315-R; the water
rights represented by Feral Permit No. 31536 -FP, formerly Well Permit No. 4548-
R; the water rights represented by Final Permit No. 1730FP, formerly Well Permit
No. R-1730; the water rights represented by Final Permit No. 173IFP, formerly
Well Permit No. R-1731;
The water rights represented by the small capacity, domestic wells designated by
Permit Noe. 17940, 2598 and 22455, and the additional, small capacity, domestic
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well located on the Parcel 2 described above, and the additional, small capacity,
domestic well located on the Parcel 3 described above; and
All interest in the Henrylyn Irrigation District and water rights within said District
associated with or appurtenant to the land described above.
Including any and all easements and rights -of -way associated with the water and water rights,
including, but not limited to, casements and rights -of --way for the carriage of water to the
Property, discharge of water from the Property, and storage of water off of the Property; and
specifically including, but not limited to, an easement approximately twenty (20) feet in width for
a pipeline and ditch from the well designated by Final Permit No. 31612 -FP (formerly Permit No.
12315-R), which is located in the Northwest Quarter (NW1/4) of the Southeast Quarter (SB1/4)
of Section 33, Township 2 North, Range 63 West of the 6th P.M. to the North Half (N1/2) of the
Northeast Quarter (NEI/4) and Southwest Quarter (SW1/4) of the Northeast Quarter (NE114) of
Section 32, Township 2 North, Range 63 West of the 6th P.M., which easement is approximately
described as follows:
Beginning at a point near the Northwest corner of the Southwest Quarter (SW 1/4)
of Section 33, Township 2 North, Range 63 West of the 6th P.M., then West into
the Northeast Quarter (NE114) of the Southeast Quarter (SE1/4) of Section 32,
Township 2 North. Range 63 West of the 6th P.M., then North into the Southeast
Quarter (SEl/4) of the Northeast Quarter (NB1/4) of Section 32, Township 2
North, Range 63 West of the 6th P.M., and parallel to the East section line of said
Section 32 and West of Weld County Road 65, to a point near the East quarter
corner of the Northeast Quarter (NE1/4) of said Section 32, which point is located
on the East -.West centerline of the Northeast Quarter (NE1/4) of said Section 32.
The approximate location of the easement is marked as "A" on Exhibit B to a
General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No,
02208805;
And also specifically including, but not limited to, two easements • approximately twenty
(20) feet in width for a pipeline and ditch from the well designated by Final Permit No. 31654 FP
(formerly Permit No. 16248-R), which is located in the Northeast Quarter (NBl/4) of the
Northeast Quarter (NE1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., to
the South Half (S1/2) of Section 33, Township 2 North, Range 63 West of the 6th P.M.; and one
easement is -approximately described as follows:
The easement is across Weld County Road 14 and looted at a point beginning
West approximately 300 feet from the Northeast corner of the Northeast Quarter
(NE114) of Section 4, Township 1 North, Range 63 West of the 6th P.M., thence
approximately 100 feet North. The approximate location of the easement is
marked as "B" on Exhibit B to a General Warranty Deed recorded on -March 23,
1990 at Book 1259, Reception No. 02208805;
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and the other easement is approximately described as follows:
The easement crosses Weld County Road 67 and is located at a point beginning
South approximately 300 feet from the Northeast corner of the Northeast Quarter
(NE1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., thence
East approximately 100 feet into the Northwest Quarter (NW1i4) of Section 3,
Township 1 North, Range 63 West of the 6th P.M., thence North approximately
250 feet, thence East approximately 200 feet, thence North approximately 300 feet
into the Southwest Quarter (SW1/4) of Section 34, Township 2 North, Range 63
West of the 6th P.M., thence Northwest approximately 400 feet, thence North
approximately 1450 feet, thence Northwest approximately 100 feet across Weld
County Road 67 to the South Half (51/2) of Section 33, Township 2 North, Range
63 West of the 6th P.M. The approximate location of the easement is marked as
.C. on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at
Book 1259, Reception No. 02208805;
and including alliseadgates, flumes, diversion structures and measuring structures, pumps, motors,
meters and other property used in delivering water to the Property and measuring water used on
the Property;
Together with any and all personal property, fixtures and other items used in -conjunction
with or associated with the foregoing property, and specifically including all well pumps and
irrigation equipment; and
Together with all minerals of whatever kind or character, including but not limited to, all
oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be
produced from the described lands, now owned or hereafter acquired by the Grantor, subject to
the restrictions and limitations hereinafter described.
Any and all water and water rights associated with Final Permit Nos. 31572 -FP (formerly
Permit No. 10046-R) and 31573 -FP (formerly Permit No. 10047R), which wells are permitted
under the name of Julius A. Pluss, located in the Northeast Quarter (NBl/4) of the Southwest
Quarter (SWI/4) of Section -4, Township 1 North, Range 63 West of the 6th P.M., and permitted
to irrigate.land including part of the Northwest Quarter (NW1/4) of Section 4, Township 1 North,
Range 63 West of the 6th P.M.
The property is subject to the following restrictions and limitations:
1. Rights of way for County Roads thirty (30) feet wide -on each side of
section and township lines, as established by Order of the Board of County
Commissioners for Weld County, recorded October 14, 1889 in Book 86
at Page 273.
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2. Reservations made by the Union Pacific Railway Company in deed
recorded September 30, 1907 in Book 233 at Page 117, and any and all
assignments thereof or interests therein, providing substantially as follows:
Reserving unto said Company and its assigns all coal that may be found
underneath surface of land herein described and the exclusive right to
prospect and mine same, also such right of way and other grounds as may
appear necessary for proper working of any coal mines -that may be
developed upon said premises, and for transportation of coal from same.
(Affects 51/2 of Section 33)
3. Reservation of right of way for any ditches or canals constructed by
authority of United States, in U.S. Patent recorded June 25. 1915 in Book
385 at Page 115 (AffectsSE1/4 NW1/4, NW1/4 SE1/4, SW1/4 NE1/4 and
Lot .4 of Section -4); recorded October 27, 1920 In Book 460 at Page 132
(Affects SE1/4 NW 114, Lot 3 of Section 4);' recorded November 24, 1928
in Book 677 at Page 209 (Affects N1/2 NB1/4 and SW1/4 NE1/4 Section
32); recorded December 5, 1919 in Book 507 at Page 467 (Affects SW1/4
SE1/4 Section 4)
4. Right of way for the Low Line Lateral as granted to the Henrylyn Irrigation
District by Deed recorded November 23, 1926 in Book 814 at Page 157.
(Affects S1/2 Section 33)
5. Terms, agreements, provisions, conditions and obligations as contained in
Agreement by and between Frank A. Neill, Rispab A. Neill, Clarence O.
Byrnes, Annie Faye Byrnes and H. B. Crow recorded August 13, 1951 in
Book 1309 at Page 220. (Affects W1/2 NE1/4 and NE1/4 NE1/4 Section
32)
6. Terms, agreements, provisions, conditions and obligations as contained in
Agreement by and between Clarence 0. Byrnes, Annie Fay Byrnes and H.
E. Crow recorded August 13, 1951 in Book 1309 at Page 224. (Affects
Wi/2 NE1/4 and NE1/4 NE1/4 Section 32)
7. An undivided 2 interest in and to all of the oil, gas, coal and other
minerals in and under and that may be produced from the above described
land, together with the right of ingress and egress at all times for the
purpose of mining, drilling and exploring said land for oil, gas, coal and
other minerals and removing the same therefrom, as reserved by Clarence
O. Byrnes and Annie Faye Byrnes in the Decd recorded November 28,
1951 in Book 1317 at Page 585, and any interests therein or rights
thereunder. (Affects W1/2 NE1/4 and NE1/4 NE1/4, Section 32)
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8. An undivided 1/4 interest in and to the minerals of every kind and nature
in and under said lands, subject to the rights of ingress and egress at all
times for the purpose of mining and removing the same therefrom as
reserved by Ethel R. Babbitt in the Deed recorded January 4, 1952 in Book
1320 at Page 218, and any interest therein or rights thereunder. (Affects
W1/2 NE114 and NE1/4 NE1/4 Section 32)
9. Seasonal Irrigation Well Power Contract, between IL W. Young and
Morgan County Rural Electric Association, recorded February 16, 1955 in
Book 1412 at Page 8 and in Book 1412 at Page 10. (Affects SE1/4 Section
33)
10. The Mineral Estate (including all oil and gas rights) and the right of ingress
and egress therefrom and the right of removal therefrom, as reserved by
Roberta Hawn in the Deed recorded January 2, 1968 in Book 589 as
Reception No. 1511424, and any interests therein or rights thereunder.
(Affects Wl/2 NE1/4 and the SW114 NW1/4, and NW1/4 SE1/4 and
SW1/4 SE1/4 Section 4)
11. An undivided VI interest in and to all oil, gas and other minerals in and
under the surface of said land, with the tight of ingress and egress to
prospect for and remove the same as reserved by Theodore Zimbelman and
Esther A. Zimbelman in -the Deed recorded November 6, 1969 in Book 617
as Reception No. 15339015, and any interest therein or rights thereunder.
(Affects El/2 NE1/4 Section 4)
12. Right of way to lay, maintain, inspect, replace, •erect, operate and remove
a pipe line or pipe lines as granted to Phillips Petroleum Company by
instrument dated September 20, 1974, recorded October 8, 1974 in Book
724 as Reception No. 1646241. (Affects NE114 and Wl/2 SE114 of
Section 4)
13. Right of Way easement 16.5 feet wide to construct, operate, maintain and
remove communication and other facilities as granted to The Mountain
States Telephone and Telegraph Company by instrument dated October 25,
1974, recorded November 11, 1974 in Book 726 as Reception No.
1648284, over and across the'following described property:
The South 16.5 feet of the North 46.5 feet of the N1/2 of the NE1/4 of
Section 32, Township 2 North, Range 63 West of the 6th P.M., which strip
is South of, parallel to, and abutting the South Right of Way line of County
Road Number 16.
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14. All of the coal, oil, gas, casinghead gas and all ores and minerals of every
kind and nature underlying the surface of the realty herein conveyed,
together with the full right, privilege and license at any and all times to
explore, or drill for and to protect, conserve, mine, lake, remove and
market any and all such products in any manner which will not damage
structures on .the surface of the realty herein conveyed, as reserved by
Burlington Northern Inc., successor in interest to Chicago, Burlington &
Quincy Railroad Company, in Deed recorded June 12, 1981 in Book 938
as Reception No. 1860423, and any and all assignments thereof or interests
therein. (Affects the Easterly e/s of Burlington Northern Inc.'s 100 -foot
wide Tampa Beet Spur right of way, now removed, lying within the SE1/4
of Section 4, Township 1 North, Range 63 West of the 6th P.M.; also, all
of the 100 -foot wide right of way, being 50 feet wide on each side of the
track carter line of Burlington Northern Inc.'s 'Pampa Beet Spur right of
way, now removed, lying within the S1/2 of Section 33, Township 2
North, Range 63 West of the 6th P.M.)
15. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited
Partnership and J. Michael McGhee dated December 15, 1993, recorded
June 15, 1994 in Book 1446 as Reception No. 02393564, and any interests
therein or rights thereunder. (Affects Parcel 3)
16. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited
Partnership and J. Michael McGhee dated December 15, 1993, recorded
June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests
therein or rights thereunder. (Affects Parcel 1)
17. General notices of underground 'facilities pursuant to Section 9-1.5-103,
C.R.S.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book
949 as Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book
1041 as Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Hook
1229 as Reception No. 2175917.
(d) Public Service Company of Colorado, recorded November 9, 1981 in
Book 952 as Reception No. 1874084_
(e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as
Reception No. 1919757.
(i) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as
Reception -No. 2004300.
24
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PARCRL L:
Parcel 1: 'The North Half (N1/2) of the Southwest 1/4 (SWI/4) of Section 23, Township 1
North, Range 63 West of the 6th Principal Meridian, County of Weld, State of
Colorado, excepting therefrom a parcel of land conveyed by deed recorded June
6, 1922, in Book 622 at Page 428, being more particularly described as follows:
The West 70 feet of the North One-half (NI/2) of the Southwest
Quarter (SW114) of Section 23, Township 1 North, Range 63 West
of the_6th P.M.;
and including a part -of the Southeast Qaarter (SE1/4) of Section 23, Township 1
North, Range 63 West of the 6th Principal Meridian, County of Weld, Slate of
Colorado, described as follows:
Beginning at the Southeast corner of said Section 23;
Thence North 89°29'25" West on an assumed bearing along the
South line of said Southeast Quarter (SE1/4) of Section 23 a
distance of 2550.07 feet to the True Point of Beginning;
Thence North 00'00`26" East a distance of 458.88 feet;
Thence North 38°58'24" East a distance of 302.37 feet;
Thence North 55°13'29" Basta distance of 355.44 feet;
Thence North 40°48'48" East a distance of 68.05 feet;
Thence North 00°58'18" East a distance of 288.13 feet;
Thence North 89°52' 16" East a distance of 703.17 feet;
Thence North 41°37' 17" East a distance of 463.27 feet;
Thence North 29°29'28" East a distance of 444.53 feet;
Thence North 06'151'18" West a distance of 170.87 feet;
Thence North 54°21'45' West a distance of 342.34 feet;
Thence North 30.16'42° West a 'distance of 337.95 feet to the
North line of said Southeast Quarter (SE114);
Thence North 89'38'54" West along said North line a distance of
1382:86 feet to the center of Section 23;
Thence South 00°17'11" West along the West line of said Southeast
Quarter (SEI/4) a distance of 2640.48 feet to the South Quarter
(S114) corner of said Section 23;
Thence South 89°29'25" East along the South line of said Southeast
Quarter (SE3114) a distance of 102.00 feet to the True Point of
Beginning; which parcel contains 61.242 acres more or less;
Together with a non-exclusive common access road easement, which may be used
by persons and vehicles of any type and description and at any time for any
purposes associated with the use of the foregoing property, and which is described
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as that part of the Southeast Quarter (SE1/4) of Section 23, Township 1 North,
Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado,
described as:
Beginning at the Southeast corner of said Section 23;
Thence North 89'29'25" West on an assumed bearing along the
South line of said Southeast Quarter (SE114) of Section 23 a
distance of 2550.07 feet to the True Point of Beginning;
Thence North 00°00'26" East a distance of 458.88 feet;
Thence North 38°58'24" East a distance of 302.37 feet;
Thence North 55°13'29" East a distance of 355.44 feet;
Thence North 40°48'48" East a distance of 68.05 feet;
Thence North 00'58'180 East a distance of 288.73 €eet;
Thence North 89°52'16" Basta distance of 703.17 feet;
Thence North 41°37117" Bast a distance of 463.27 feet;
Thence North 29'29'28" Bast a distance of 444.53 feet;
Thence North 06015'18" West a distance of 170.87 feet;
Thence North 54°21'45" West a distance of 342.34 feet;
Thence North 30°16'42" West a distance of 337.95 feet to the
North line of said Southeast Quarter (SE1/4);
Thence South 89°38'54" East along said North line a distance of
34.86 feet;
Thence South 30°16'42" East a distance of 313.79 feet;
Thence South 54'21'45" East a distance of 349.33 feet;
Thence South 06°15'1S" East a distance of 193.93 feet;
Thence South 29°29'28" West a distance of 457.39 feet;
Thence South 41°37'17" West a distance of 466.49 feet;
Thence South 89°52'16" West a distance of 695.90 feet;
Thence South 00058'18" West a distance of 280.18 feet;
Thence South 40°48'48" West a distance of 82.71 feet;
Thence South 55°13'29" West a distance of 354.95 feet;
Thence South 38°58'24" West a distance of 287.47 feet;
Thence South 00°00'26' West a distance of 448.53 feet to said
South line of the Southeast Quarter (SE1/4);
Thence North 89°29'25' West -along said South line a distance of
30.00 feet to the True Point of Beginning.
And subject to (1) the reservations and exceptions contained in a Deed recorded on
September 19, 1908, in Book 233, Page 164; and (2) an easement and right of way on the
South 30 feet thereof for Weld County -Road 6;
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(3) Bowles Reservoir, and any and all rights of way therefore, as evidenced by
Map and Statement filed January 6,1913 as Filing No. 184082 (Affects S112SE114
of Parcel 1);
(4) Strafford Ditch, and any and all rights of way therefore, as evidenced by
instrument filed in the office of Clerk and Resoorder for Weld County (Affects
NW1/4SE1/4, S1/1.SE1/4, and N131/4SW1/4 of Parcel 1);
(5) Terms, agreements, provisions, conditions, obligations and easements as
contained in Agreement by and between Eagle Peak Farms, Ltd. and Lomita
Operating Company recorded January 19, 1993 in Book 1367 as Reception No.
02318677;
(6) Terms, agreements, provisions, conditions and obligations as contained in
Surface Damage Agreement between Eagle Peak Farms, Ltd. and Snyder Oil
Corporation as evidenced by Memorandum recorded July 21, 1994 in Book 1451
as Reception No. 02398575.
The parcel is also subject to an Order of the Board of County Commissioners for Weld
County, recorded October 14, 1889 in Book 86, Page.273.
All in Weld County, Colorado.
Together with all and singular, the hereditatnenta and appurtenances thereto belonging, or in
anywise appertaining; including but not limited to, any and all fixtures, all other homes and
buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of
access used in conjunction with the Property, any and all growing crops, trees, and shrubbery,
and -specifically including the following items.
Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights,
springs and spring rights, wells and well rights, both tributary and non -tributary and designated
and non -designated, on, under, appurtenant to, or used on the land herein described, including
but not limited to the following:
All right to the water from the Henrylyn Irrigation District for.the above property; and
The water and water rights represented by the following Well Permits issued by the State
Engineer and the Colorado Ground Water Commission:
Final Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22,
1987, with a_priority date of July 29, 1964;
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Final Well Permit No. 31643FP, former Permit No. 14859R, issued on May 22, 1987,
with a priority date of June 8, 1946;
Final Well Permit No. 14860FP, former Permit No. 14860R, issued on May 22,
1987, with a priority date of May 20, 1954;
Well Permit No. 85443, accepted on August 16, 1976; and
Well Permit No. 63418, issued on August 21, 1972;
along with any other wells and water rights used to irrigate the above properties or
for domestic purposes on the above properties, and -expressly including the wafer
and water right associated with Final Well Permit No. 31542 to the extent the
water and water right was used to irrigate the South One-half (S112) of Section 23,
Township 1 North, Range 63 West of the 6th P.M.
Including any and all easements and rights -of -way associated with the water and water rights,
including, but not limited to, easements and rights -of -way for the carriage of water to the
Property, discharge of water from the Property, and storage of water off of the Property; and
including all beadgates, flumes, diversion structures and measuring structures, pumps, meters and
. other property used in delivering water to the Property and measuring water used on the Property;
including the easement for a well, pipelines and other facilities, in the Northeast Quarter (NE1/4)
of Section 27, Township 1 North, Range 63 West of the 6th P.M. pursuant to a deed recorded on
June 12, 1972 in Book 669, Reception No. 1551374, which provides, in part, as follows:
1'QSTEIgn with Irrigation Well No. 5945-P registered -with the State Engineer
of the State of Colorado, located in the NE1/4 of Section 27, Township 1 North,
Range 63 West, with a right to drill a new replacement well, if needed and if
approved by State Engineer in NE1/4 of said Section 27 within 300 feet of -said
present well, with the pumps and motors and all pipelines appurtenant thereto for
conveying water from said well site to the above -demised land and to S1/2 SW1/4
of Section 23, Township 1 North, Range 63 West, TOGRTHI:4R with an easement
for said pipelines one rod wide across said N81/4 and across NW1/4 Sec. 26 in
said Township and Range;
and including all rights to the foregoing easement as described in the Quit Claim Deed recorded
on June 4, 1984 in Book 1032, Reception No. 01969206; and
Together with any and all personal property, fixtures and other items used in conjunction with or
associated with the foregoing property, and specifically including all well pumps and irrigation
equipment; and
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Together with all minerals of whatever kind or character, including but not limited to, all oil and
gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced
from the described lands, now owned or hereafter acquired.
Together with all right, title and interest in the foregoing property or adjacent property acquired
by adverse possession, prescription, grant, gift or other claim, including, but not limited to all
right, title and interest in the following property:
1. A parcel of land conveyed by deed recorded Tune 6, 1922, in Book 622 at Page
428, being more particularly described as follows:
The West 70 feet of the North One-half (N1/2) of the Southwest Quarter (SW 114)
of Section 23, Township 1 North, Range 63 West of the 6th P.M.;
2. A parcel of land in the Northwest Quarter (NW114) of Section 34, Township 1
North, Range 63 West of the 6th P.M., more particularly described as follows:
Beginning at the Northwest corner of said Section 34, and considering the North
line of said Section 34, as bearing North 89'51'58" East, with all other bearings
contained herein relative -thereto;
Thence North 89° 51'58' Bast, along the North line of said Section 34, 980.88
feet to the True Point of Beginning, Thence continuing North 89°S1'58* East,
along the North line of said Section 34, 435.60 feet;
Thence South 00°46'02' East, 100.00 feet;
Thence South 89°51'58' West, -435.60 feet;
Thence North 0008'02` West, 100.00 feet to the True
Point of Beginning.
3. A Permanent Pipeline Right -Of -Way Grant, recorded on January 22, 1981, in
Book 926, Reception No. 1847661.
4. A two-story white clapboard Ranch House situated on a portion of the South Half
(S1/2) of the Southwest Quarter (SW114) of Section 23, Township 1 North, Range
63 West of the 6th P.M.; Exclusive of ground on which house is placed.
29
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SICLD, Inc. LO SICL15975 WE 2476443-1996.029
- 1IN 11111 1111! 1111111 111! 11111 llilllllulllii liii III!
3200587 07120/2004 05:03P Weld Count
y, Co
i of 5 R 26.00 0 8.43 Steve Moreno Clerk & Recorder
Warranty Deed
(Parcel H)
This Deed, made this day of July, 2004, between Prospect Valley Farms, Ltd., a
Colorado limited partnership, as grantor ("Grantor"),
and
PV Water Holdings LLC, a Colorado limited liability company, whose legal address is 9145 East
Kenyon Avenue, Suite 200, Denver, Colorado 80237, of the City and County of Denver, State of
Colorado, as grantee ("Grantee).
Witnesseth, that Grantor, for and in consideration of the sum of Ninety -Four Thousand
Three Hundred Twenty -Nine Dollars ($94,329) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its
successors and assigns forever, all the real property, together with improvements, if any, situate,
lying and being in the County of Weld, State of Colorado, described as follows:
See Exhibit A attached hereto and incorporated herein,
Together with all and singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all The estate, right, title, interest, claim and demand whatsoever of Grantor,
either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
To Have and to Hold the said premises above bargained and described, with the
appurtenances, unto the Grantee, its successors and assigns, forever. Grantor, for itself, its
successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its successors
and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature whatsoever, except for and subject to those matters as set forth on Exhibit
B attached hereto and incorporated herein.
Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all
and every person or persons lawfully claiming the whole or any part thereof.
TNG
SKID, Inc. LG SKL15S75 WE 3200587-2004.001
I mii nin um iiiiiiu111 inn iiii11 III 11111 liii III
_ 3200687 07120/2004 05:03P Weld County, CO
2 of 5 R 26.00 0 9.43 Steve Moreno Clerk & Recorder
In Witness Whereof; Grantor has executed this Deed on the date set forth above.
Prospect Valley Farms, Ltd.,
a Colorado limited partnership
By:
STATE OF COLORADO
CITY & COUNTY OF BOULDER
) ss.
The foregoing instrument was acknowledged before me this ¶ day of July, 2004, by
Walraven F. Ketellapper, General Partner of Prospect Valley Farms, Ltd,, a Colorado limited
partnership, on its behalf.
Witness my hand and official seal,
My commission expires:
n,:
2
SWIM, Inc. LG SKL15975 WE 3200597-2004.002
I 1111 II 11111 III A11II ICI 11111 Illln III IIN III IIA
3200587 07120/2004 05:03P Weld County, CD
3 of 5 II 26.00 D 9,43 Steve Moreno Clerk & fiecorder
Exhibit A
to
Warranty Deed
(Parcel H)
(Legal Description)
A PART OF THE WEST ONE-HALF OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 63
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 35, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THESIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N00°24' 12"W A DISTANCE OF 2643.41 FEET.
MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "ALLES AND ASSOCIATES
PLS 9644" AT THE WEST ONE -QUARTER CORNER AND A 3-1/4" ALUMINUM CAP
STAMPED "NOLTE LS 28656" AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, N00°24' 12"W A DISTANCE OF 30,00 FEET TO THE NORTHERLY RIGHT-
OF-WAY LINE OF WELD COUNTY ROAD 14 EXTENDED;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE EXTENDED, N89°14'57"E
A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 79 BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST
AND PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SAID SECTION 35, N00°24'I2"W A DISTANCE OF 2613.38 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30
FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE -
QUARTER OF SAID SECTION 35, N00°24'24"W A DISTANCE OF 2613.13 FEET, TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET SOUTH
AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SAID SECTION 35, N89°17'42"E A DISTANCE OF 2614.64 FEET, TO THE EAST LINE OF
SAID NORTHWEST ONE -QUARTER OF SAID SECTION 35;
3
SKLD, Inc. LG SI{L15975 WE 3200587-2004.003
{ 1111111111111111111111111111111111
11111111111111111 X11146:03P Weld Sou*,
Clerk 1 , 04
o587 Recorder
3t11"I""4 of 5 R 25.09 f) 9.43 Move
THENCE ALONG SAID EAST LINE OF THE NORTHWEST ONE -QUARTER, S00°32'58"E
A DISTANCE OF 2613.17 FEET, TO THE CENTER ONE -QUARTER CORNER OF SAID
SECTION 35;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, S00°32'51 "E A DISTANCE OF 2611.18 FEET, TO SAID NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET
NORTH AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST ONE -
QUARTER OF SAID SECTION 35, S89°14'57"W A DISTANCE OF 2627.73 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 13,696,581 SQUARE FEET OR 314.430 ACRES.
NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL
DESCRIPTION (§38-35-106.5, C.S.R.}
J.R. ENGINEERING
6020 GREENWOOD PLAZA BLVD.
ENGLEWOOD, CO 80111
(303) 740-9393
4
SEIM., Inc. LG SKL15975 WE 3200587-2004.004
I111111111111111111111111111111111111111111111111111111
02OO 87 07120121 114 0603P Weld County, CO
5 of 5 l� P6.t>0 D 5.43 Steve Moreno clerk & Recorder
Exhibit B
to
Warranty Deed
(Parcel H)
(Exceptions)
1. All taxes and assessments for the year 2004 and subsequent years, a lien, not yet due and
payable.
2. Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded September 12, 1916 in Book 385 at Page 185.
3. Right of way, whether in fee or easement only, for an electric transmission line and other
appurtenances, granted to The United States of America by The Weicker Investment
Company, a Colorado corporation by instrument recorded December 6, 1944 in Book
1145 at Page 353, in which the specific location of the easement is not defined.
4. Easement and right of way for a right of way 60 feet in width located in the SW1/4SWl/4
Section 35, Township 2 North, Range 63 West, granted to Phillips Petroleum Company
by Weicker Investment Company by instrument recorded March 24, 1975 in Book 735 as
Reception No. 1656542, in which the specific location of the easement is not defined.
5. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado limited partnership and J.
Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as
Reception No. 02393566, and any interests therein or rights thereunder.
6. Right of way, whether in fee or easement only, for an electric transmission line and
appurtenances, as granted to Tri-State Generation and Transmission Association, hie, by
Prospect Valley Farms, Ltd., recorded September 16, 1999 as Reception No. 2720795,
affecting the following described property, as more particularly described in said
instrument.
7. The following matters as set forth on ALTA/ACSM Land Title Survey prepared by J. R.
Engineering, dated December 2, 2003, as revised on December 30, 2003, June 24, 2004,
June 28, 2004 and July 2, 2004 as Job Number 15006.00 to -wit:
1. The overhead electric line servicing an offsite well shown hereon, lies within the
record title lines.
2. Irrigation ditches, as shown hereon, lie both inside and outside the record title
lines.
5
SKIM, Inc. LG SKL15975 WE 3200587-2004.005
°Recorded in Weld County, CO Doc Id: 3537344
02/25/2008 04:27 P Receipt#: 7345369
Page: 1 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
NO DOCUMENTARY FEE REQUIREDICONVENIENCE DEED
F,XEMPT FRAM REAL PROPERTY TRANSFER TAX/OWNERSHIP CONFIRMATION
Special Warranty Deed
(PV Water— 515 Capital)
This Deed, made as of the 15- -h day of February, 2008, between PV Water
Holdings LLC, a Colorado limited liability company, as grantor ("Grantor"),
and
515 Capital LLC, a Colorado limited liability company, as grantee ("Grantee"), whose legal
address is 4643 S. Ulster Street, Suite 1300, Denver, Colorado 80237, of the City and County of
Denver, State of Colorado.
WITNESSETH, that Grantor, for and in for the exchange of the Membership Interest in
Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto
Grantee, its successors and assigns forever, all the real property, together with improvements, if
any, situate, lying and being in the County of Weld, State of Colorado, described as follows:
See Exhibit t attached hereto and incorporated herein.
Together with all and singular the hereditaments and appurtenances thereto belonging, or
in anywise appertaining, including, without limitation, all interest, if any, in vacated streets and
alleys adjacent thereto, all easements and appurtenances thereto, all improvements thereon and
attached fixtures thereon, if any, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances;
To Have and to Hold the said premises above bargained and described with the
appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors
and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER
DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its
successors and assigns, against all and every person or persons claiming the whole or any part
thereof, by, through or under Grantor, subject to matters of record
o'}1 5243
SKLD, Inc. LG SKL15975 WE 3537344-2Q08.001
eRecorded in Weld County, CO Doc Id: 3537344
02/25/2008 04:27 P Receipt#: 7345369
Page: 2 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
PV Water Holdings LLC,
a Colorado limited liability company
STATE OF COLORADO
CITY AND COUNTY OF DENVER
By:
) ss.
)
Joel . Farkas, Manager
The foregoing instrument was acknowledged before me this AD day of February,
2008, by Joel H. Farkas, as Manager for PV Water Holdings LLC, a Colorado limited liability
company, on its behalf.
Witness my hand and official seal.
expires: 5 -if 1 iDe
2
QA/n. YIN -4v*
Notary Public
SKLD, Inc. LG 3EL15975 WE 3537344-2008.D02
°Recorded in Weld County, CO Doc Id: 3537344
02125/2008 04:27 P Receipt#: 7345369
Page: 3 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel D
A PART OF THE SECTION 27, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, LYING NORTH
AND WEST OF PROSPECT LATERAL, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE QF THE NORTHWEST ONE -QUARTER OF
SECTION 27, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE S1XTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N88°57'41 "E A DISTANCE OF 2644.91 FEET.
MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMPED "ALPHA ENGRG LS 25937"
AT THE NORTHWEST CORNER AND A 2" ALUMINUM CAP STAMPED "ALPHA
ENGRG LS 25937" AT THE NORTH ONE -QUARTER CORNER.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID
SECTION 27, N88°57'01"E A DISTANCE OF 820.00 FEET, TO THE NORTHEAST
CORNER OF SAID PARCEL DESCRIBED IN DEED RECORDED JUNE 9, 1923 IN BOOK
711 AT PAGE 148;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, S40°18'35"E A DISTANCE
OF 30.00 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
6, BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
6 WHICH IS 30 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE
NORTHWEST ONE -QUARTER OF SECTION 27, N88°57'01 "E A DISTANCE OF 1825.30
FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 6 WHICH IS 30 FEET SOUTH AND PARALLEL WITH THE NORTH
LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 27, N88°57'(10"E A
DISTANCE OF 1902.96 FEET, TO THE CENTERLINE OF PROSPECT LATERAL;
THENCE ALONG THE CENTERLINE OF PROSPECT LATERAL THE FOLLOWING
FORTY-SIX (46) COURSES:
S16°27'52"W A DISTANCE OF 297.11 FEET;
SI3°28'30"W A DISTANCE OF 195.40 FEET, TO A POINT OF CURVE;
3
SKID, Inc. LG SIQ.15975 WE 3537344-2008.003
eRecorded in Weld County, CO Doc id: 3537344
02/25/2008 04:27 P Receipt#: 7345369
Page: 4 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N76°31'30" W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 15°51'32"
AND AN ARC LENGTH OF 55.36 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
860°39'59"E, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 24°00'07"
AND AN ARC LENGTH OF 7122 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N84°40'06"W, HAVING A RADIUS OF 350.00 FEET, A CENTRAL ANGLE OF 20°03'07"
AND AN ARC LENGTH OF 122.49 FEET, TO A POINT OF TANGENCY;
S25°23'01"W A DISTANCE OF 1555.84 FEET;
S25°37'06"W A DISTANCE OF 663.61 FEET;
525°02'30"W A DISTANCE OF 690.38 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
$64°57'30"E, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 07°16'47"
AND AN ARC LENGTH OF 25,41 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N72°14'17"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 17°45'0l"
AND AN ARC LENGTH OF 61.96 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S54°29'16"E, HAVING A RADIUS OF 300.00 FE±f1, A CENTRAL ANGLE OF 14°07'38"
AND AN ARC LENGTH OF 73.97 FEET, TO A POINT OF TANGENCY;
S21°23'05"W A DISTANCE OF 137.05 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N68°36'55"W, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 30°47'31"
AND AN ARC LENGTH OF 134.36 FEET, TO A POINT OF TANGENCY;
552°10'36"W A DISTANCE OF 169.24 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S37°49'24"E, HAVING A RADIUS OF 205.00 FEET, A CENTRAL ANGLE OF 70°34'07"
AND AN ARC LENGTH OF 252.49 FEET, TO A POINT OF TANGENCY;
Si8°23'31 "E A DISTANCE OF 266.27 FEET, TO A POINT OF CURVE;
4
SICI,D, Inc. LG SKI.15975 WE 3537344-2008.004
eRecorded in Weld County, CO Doc Id: 3537344
02/25/2008 04:27 P Receipt#: 7345369
Page: 5 of 15 1 otal Fee: $ 76.00
Steve Moreno, Clerk and Recorder
ALONG THE ARC' OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
S71°36'29"W, HAVING A RADIUS OF 1000 FEET, A CENTRAL ANGLE OF 76°52'26"
AND AN ARC LENGTH OF 134.17 FEET, TO A POINT OF TANGENCY;
SS8°28'55"W A DISTANCE OF 57.00 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N3 1 °31'05"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 44°20'52"
AND AN ARC LENGTH OF 154.80 FEET, TO A POINT OF TANGENCY;
N77°10'13"W A DISTANCE OF 125,98 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S12°49'47"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 08°21'33"
AND AN ARC LENGTH OF 29.18 FEET, TO A POINT OF TANGENCY;
N85°31'46"W A DISTANCE OF 115.11 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N04°28'14"E, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 39°26'34"
AND AN ARC LENGTH OF 86.05 FEET, TO A POINT OF TANGENCY;
N46°05'11 "W A DISTANCE OF 50,49 FEET;
N35°00'50"W A DISTANCE OF 267.40 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
854°59'l0"W, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 50°24'36"
AND AN ARC LENGTH OF 131.97 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N04°34'34"R. HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 26°38'30"
AND AN ARC LENGTH OF 232.49 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
531'13'04"W, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 15°10'37"
AND AN ARC LENGTH OF 105.95 FEET, TO A POINT OF TANGENCY;
N73°57'33"W A DISTANCE OF 80.76 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N 16°02'27"E, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 20°09'20"
AND AN ARC LENGTH OF 175.89 FEET, TO A POINT OF TANGENCY;
N53°48' 13"W A DISTANCE OF 53.67 FEET;
5
SKL.D, Inc. LG SKL15975 RE 3537344-2008.005
eRecorded in Weld County, CO Doc Id: 3537344
02/25/2008 04:27 P Receipt#: 7345369
Page: 6 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
N59°56' 1 TW A DISTANCE OF 107.47 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S30°03'43"W, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 52°04'57"
AND AN ARC LENGTH OF 113.63 FEET, TO A POINT OF TANGENCY;
$67°58'46"W A DISTANCE OF 73.10 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N22°01'14"W, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 19°14'53"
AND AN ARC LENGTH OF 201.57 FEET, TO A POINT OF TANGENCY;
587°13'39"W A DISTANCE OF 137.38 FEET;
N84°25'50"W A DISTANCE OF 77.12 FEET, TQ A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S05°34'10"W, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 25°28'47"
AND AN ARC LENGTH OF 55.59 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N 19°54`35" W, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 19°34'07"
AND AN ARC LENGTH OF 51.23 FEET, TO A POINT OF TANGENCY;
S89°39'31"W A DISTANCE OF 136.63 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S00°20'29"E, HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 69°04'11"
AND AN ARC LENGTH OF 168.77 FEET, TO A POINT OF TANGENCY;
520°35'21"W A DISTANCE OF 155.78 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
568°46'09"E, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 11°00'48"
AND AN ARC LENGTH OF 96.11 FEET, TO A POINT OF TANGENCY;
SI0°13'03"W A DISTANCE OF 58.79 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N79°46'57"W, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 45°04'00"
AND AN ARC LENGTH OF 78.66 FEET, TO A POINT OF TANGENCY;
S55°17'03"W A DISTANCE OF 75.62 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD 67;
6
SiCLD, Xnc. LG SKL15975 WE 3537344-2008.006
eRecorded in Weld County, CO Doc Id: 3537344
02125/2008 04:27 P Receipt#: 7345369
Page: 7 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
67 WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE
SOUTHWEST ONE -QUARTER OF SAID SECTION 27, N00° 18'35"W A DISTANCE OF
1666.65 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 67 WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE
OF SAID NORTHWEST ONE -QUARTER OF SECTION 27, N00° 18'35"W A DISTANCE OF
1574.76 FEET, TO THE SOUTHERLY LINE OF SAID PARCEL DESCRIBED IN DEED
RECORDED JUNE 9, 1923 IN BOOK 711 AT PAGE 148;
THENCE ALONG SAID SOUTHERLY LINE OF SAID PARCEL, N88°57`01"E A
DISTANCE OF 790.00 FEET, TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, N00°18'35"W A DISTANCE
OF 1030.00 FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 13,853,692 SQUARE FEET OR 318.037 ACRES.
Together with all of Grantor's rights, if any, in the small capacity wells located on the Property
at the time of execution of this Deed, together with the right to drill two (2) small capacity wells
on Parcel D as defined in §37-90-105 C.RS, however, under no circumstances shall Grantee, its
successors, or assigns use Lost Creek alluvial designated ground water (as distinguished from
Lost Creek designated Denver Basin Groundwater) for new small capacity wells and at no point
may Grantee use more than 5 acre feet on Parcel D of Lost Creek Denver Basin Groundwater for
the small capacity wells, including any unregistered small capacity wells. Together with all
Henrylyn Irrigation District and water rights associated with such District located on Parcel D.
EXCLUDING THEREFROM:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit Nos.
12123FP (former Permit No. 12123R), and 12124FP (former Permit No. 12124R), which water
rights were subject to the terms and conditions of the Findings of Fact, Conclusions of Law,
Judgment and Decree of the Court entered by the Adams County District Court on May 10, 2004
in Case No. 98CV 1727, and recorded on June 22, 2004 as Reception No. 20040622000516130
of the books and records of the Adams County Clerk and Recorder, and recorded on June 22,
2004 as Reception No. 3191505 of the books and records of the Weld County Clerk and
Recorder; and the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court
entered by the Adams County District Court on June 1, 2004 in Case No. 99CV0097, and
recorded on June 22, 2004 as Reception No. 20040622000516120 of the books and records of
the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No.
3191504 of the books and records of the Weld County Clerk and Recorder; all water rights and
rights to water in the Denver Basin Aquifers; all subterranean water and water rights, including
storage rights; all surface water and water rights; spring and spring rights; all tributary and non -
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Steve Moreno, Clerk and Recorder
tributary water rights; designated and non -designated water rights; all reservoir and reservoir
rights; ditches and ditch rights (excluding Henry1yn Irrigation District and water rights associated
with such Districts); all water and ditch company stock, water and sewer tap agreements; any and
all easements and rights -of -way for the carriage of water to Parcel D, discharge of water from
Parcel D, and storage water off Parcel D; all utility agreements with any other developers or with
any municipality or quasi -municipal special district, if any, which are owned by Grantor, related
to or in any way appurtenant to Parcel D.
Parcel H
A PART OF THE WEST ONE-HALF OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 63
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 35, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N00°24' 12"W A DISTANCE OF 2643.41 FEET.
MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "ALLES AND ASSOCIATES
PLS 9644" AT THE WEST ONE -QUARTER CORNER. AND A 3-1/4" ALUMINUM CAP
STAMPED "NOLTE LS 28656" AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, N00°24' 12"W A DISTANCE OF 30.00 FEET TO THE NORTHERLY RIGHT-
OF-WAY LINE OF WELD COUNTY ROAD 14 EXTENDED;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE EXTENDED, N89°14'57"E
A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 79 BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST
AND PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SAID SECTION 35, N00°24'12"W A DISTANCE OF 2613.38 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30
FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE -
QUARTER OF SAID SECTION 35, N00°2424"W A DISTANCE OF 2613.13 FEET, TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET SOUTH
AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SAID SECTION 35, N89°1T42"E A DISTANCE OF 2614.64 FEET, TO THE EAST LINE OF
SAID NORTHWEST ONE -QUARTER OF SAID SECTION 35;
8
SICLD, Inc. LG SKL15975 WE 3537344-2008.008
eRecorded in Weld County, CO Doc Id: 3537344
02/25/2008 04:27 P Receipt#: 7345369
Page: 9 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
THENCE ALONG SAID EAST LINE OF THE NORTHWEST ONE -QUARTER, S00°32'58"E
A DISTANCE OF 2613.17 FEET, TO THE CENTER ONE -QUARTER CORNER OF SAID
SECTION 35;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, S00°32'51 "E A DISTANCE OF 2611.18 FEET, TO SAID NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET
NORTH AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST ONE -
QUARTER OF SAID SECTION 35, 889°14'ST'W A DISTANCE OF 2627.73 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 13,696,581 SQUARE FEET OR 314.430 ACRES.
Together with all of Grantor's rights. if any, in the small capacity wells located on the Property
at the time of execution of this Deed, together with the right to drill two (2) small capacity wells
on Parcel H as defined in §37-90-105 C.R.S, however, under no circumstances shall Grantee, its
successors, or assigns use Lost Creek alluvial designated ground water (as distinguished from
Lost Creek designated Denver Basin Groundwater) for new small capacity wells and at no point
may Grantee use more than 5 acre feet on Parcel H of Lost Creek Denver Basin Groundwater for
the small capacity wells, including any unregistered small capacity wells. Together with all
Henrylyn Irrigation District and water rights associated with such District located on Parcel H.
EXCLUDING THEREFROM:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit Nos.
1771 FP (former Permit No. 1771R),1772FP (former Permit No. 1772R), 1773FP (former Permit
No. 1773R) and 1774FP (former Permit No. 1774R), which water rights were subject to the
terms and conditions of the Findings of Fact, Conclusions of Law, Judgment and Decree of the
Court entered by the Adams County District Court on May 10, 2004 in Case No. 98O /1727, and
recorded on June 22, 2004 as Reception No. 20040622000516130 of the books and records of
the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No.
3191505 of the books and records of the Weld County Clerk and Recorder; and the Findings of
Fact. Conclusions of Law, Judgment and Decree of the Court entered by the Adams County
District Court on June 1, 2004 in Case No. 99CV0097, and recorded on June 22, 2004 as
Reception No. 20040622000516120 of the books and records of the Adams County Clerk and
Recorder, and recorded on June 22, 2004 as Reception No. 3191504 of the books and records of
the Weld County Clerk and Recorder; all water rights and rights to water in the Denver Basin
Aquifers; all subterranean water and water rights, including storage tights; all surface water and
water rights; spring and spring rights; all tributary and non -tributary water tights; designated and
non -designated water rights; all reservoir and reservoir rights; ditches and ditch rights (excluding
Henrylyn Irrigation District and water rights associated with such Districts); all water and ditch
company stock, water and sewer tap agreements; any and all easements and rights -of -way for the
9
SKLD, Inc. LG SKL15975 WE 3537344-2008.009
eRecorded in Weld County, CO Doc Id: 3537344
02/25/2008 04:27 P Receipt#: 7345369
Page: 10 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
carriage of water to Parcel H, discharge of water from Parcel H, and storage water off Parcel H;
all utility agreements with any other developers or with any municipality or quasi -municipal
special district. if any, which are owned by Grantor, related to or in any way appurtenant to
Parcel H.
Parcel I-1
A PARCEL OF LAND BEING A PART OF THE NORTH ONE-HALF OF THE
NORTHEAST ONE -QUARTER AND A PART OF THE SOUTHWEST ONE -QUARTER OF
THE NORTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 2 NORTH, RANGE 63
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF
SECTION 32, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N89°10'05"E A DISTANCE OF 2636.16 FEET.
MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMPED "KING SURVEYORS INC LS
22098" AT THE NORTH ONE -QUARTER CORNER AND A 3-1/4" ALUMINUM CAP
STAMPED "MCRAE & SHORT INC LS 7242" AT THE NORTHEAST CORNER OF SAID
SECTION 32.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, 589°10'05"W A DISTANCE OF
30.00 FEET;
THENCE S00°38'37"E A DISTANCE OF 30.00 FEET, TO THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 AND THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16, BEING THE TRUE
POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET WEST
AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, S00°38'37"E A DISTANCE OF
1289.14 FEET, TO THE SOUTH LINE OF SAID NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32;
THENCE ALONG SAID SOUTH LINE, 589°08'47"W A DISTANCE OF 1287.36 FEET TO
THE NORTHEAST ONE -SIXTEENTH CORNER OF SAID SECTION 32;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF THE
NORTI-!EAST ONE -QUARTER OF SAID SECTION 32, 889°08'47"W A DISTANCE OF
15.00 FEET;
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SKLD, Inc. LG 3KL15975 WE 3537344-2008.010
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02/25/2008 04:27 P Receipt#: 7345369
Page: 11 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
THENCE PARALLEL WITH AND 15.00 FEET WEST OF THE EAST LINE OF THE
SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32, S00°40'30"E A DISTANCE OF 1319.63 FEET, TO THE SOUTH LINE OF
SAID SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32;
THENCE ALONG SAID SOUTH LINE, 589°07'29"W A DISTANCE OF 1301.64 FEET, TO
THE CENTER ONE -QUARTER CORNER OF SAID SECTION 32;
THENCE ALONG THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32. N00°42'23"W A DISTANCE OF 2610.25 FEET, TO SAID SOUTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST ONE -
QUARTER OF SAID SECTION 32, N89°10'05"E A DISTANCE OF 2606.12 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 5,078501 SQUARE FEET OR 116.586 ACRES.
Together with all of Grantor's rights, if any, in the small capacity wells located on the Property
at the time of execution of this Deed and Well Permit No. 17940, together with the right to drill
two (2) small capacity wells on Parcel I-1 as defined in §37-90-105 C.R.S, however, under no
circumstances shall Grantee, its successors, or assigns use Lost Creek alluvial designated ground
water (as distinguished from Lost Creek designated Denver Basin Groundwater) for new small
capacity wells and at no point may Grantee use more than 5 acre feet on Parcel I-1 of Lost Creek
Denver Basin Groundwater for the small capacity wells, including any unregistered small
capacity wells. Together with all Henrylyn Irrigation District and water rights associated with
such District located on Parcel 1-1.
EXCLUDING THEREFROM:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit No.
31612FP (former Permit No. 12315) and all easement associated with Well Permit No.
3 l 612FP), which water rights were subject to the terms and conditions of the Findings of Fact,
Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District
Court on May 10, 2004 in Case No. 98CV 1727, and recorded on June 22, 2004 as Reception No.
20040622000516130 of the books and records of the Adams County Clerk and Recorder, and
recorded on June 22, 2004 as Reception No. 3191505 of the books and records of the Weld
County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgment and Decree
of the Court entered by the Adams County District Court on June 1, 2004 in Case No.
99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the books
and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as
Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder;
11
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Steve Moreno, Clerk and Recorder
together with any of Grantor's rights and interests, if any, in an easement approximately twenty
(20) feet in width for a pipeline and ditch from the well designated by Final Permit No. 31612 -
FP (formerly Permit No. 12315-R), which is located in the Northwest Quarter (NW1/4) /4) of the
Southeast Quarter (SE1/4) of Section 33, Township 2 North, Range 63 West of the 6th P.M. to
the North Half (N1/2) of the Northeast Quarter (NE1/4) and Southwest Quarter (SW1/4) 1/4) of the
Northeast Quarter (NE1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M.,
which easement is approximately described as follows: Beginning at a point near the Northwest
corner of the Southwest Quarter (SW 1/4) of Section 33, Township 2 North, Range 63 West of
the 6th P.M., then West into the Northeast Quarter (NEI/4) of the Southeast Quarter (SEI/4) of
Section 32, Township 2 North, Range 63 West of the 6th P.M., then North into the Southeast
Quarter (SE 114) of the Northeast Quarter (NE 1/4) of Section 32, Township 2 North, Range 63
West of the 6th P.M., and parallel to the FAA section line of said Section 32 and West of Weld
County Road 65, to a point near the East Quarter corner of the Northeast Quarter (NE 114) of said
Section 32, which point is located on the East-West centerline of the Northeast Quarter (NE1/4)
of said Section 32. The approximate location of the easement is marked as "A" on Exhibit B to a
General Warranty Deed recorded March 23, 1990 at Book 1259, Reception No. 02208805;
together with rights -of -way, or other rights of access used in conjunction with the Property, and
any of Grantor's rights and interests, if any, in the Agreement dated June 7, 1951 between Frank
A. Neill and Rispah A. Neill, Clarence O. Byrnes and Annie Faye Byrnes, and H.E. Crow,
recorded August 13, 1951 in Book 1309, Page 220, Reception No. 1112303 with the Clerk and
Recorder of Weld County, and the Agreement dated June 7, 1951 between Clarence O. Byrnes
and Annie Faye Byrnes, and H.E. Crow, recorded August 13, 1951 in Book 1309, Page 224,
Reception No. 1112304 with the Clerk and Recorder of Weld County; all water rights and rights
to water in the Denver Basin Aquifers; all subterranean water and water rights, including storage
rights; all surface water and water rights; spring and spring rights; all tributary and non -tributary
water rights; designated and non -designated water rights; all reservoir and reservoir rights;
ditches and ditch rights (excluding Henrylyn Irrigation District and water rights associated with
such Districts); all water and ditch company stock, water and sewer tap agreements; any and all
easements and rights -of -way for the carriage of water to Parcel I -I , discharge of water from
Parcel 1-1, and storage water off Parcel I-1; all utility agreements with any other developers or
with any municipality or quasi -municipal special district, if any, which are owned by Grantor,
related to or in any way appurtenant to Parcel I-1.
PARCEL I -2A
LOT B, RECORDED EXEMPTION NO. 1303-33-3-RE1939, RECORDED DECEMBER 27,
1996 IN BOOK 1583 AS RECEPTION NO 2526795 BEING A PART OF THE WEST ONE-
HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 2 NORTH,
RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBE/] AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEARN00°37'53"W A DISTANCE OF 2648.95 FEET.
MONUMENTED BY A 2" ALUMINUM CAP STAMPED "INIERMILL LS 12379" AT THE
WEST ONE -QUARTER CORNER AND A 2-112" ALUMINUM CAP STAMPED "POWERS
12
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Steve Moreno, Clerk and Recorder
ELEVATION COMPANY" AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33;
THENCE ALONG THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER,
N00°37'53"W A DISTANCE OF 30.00 FEET;
THENCE N89°13'37"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 AND THE
NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14, BEING TO THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET EAST
AND PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, N00°37'53"W A DISTANCE OF 2354.62 FEET, TO THE SOUTHERLY LINE
OF LOT A SAID RECORDED EXEMPTION NO. 1303-33-3-RE1939;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT A, N88°38'15"E A DISTANCE
OF 256.59 FEET, TO THE SOUTHEAST CORNER OF SAID LOT A;
THENCE ALONG THE EASTERLY LINE OF SAID LOT A, NO3°53'00"W A DISTANCE OF
261.76 FEET, TO THE NORTHEAST CORNER OF SAID LOT A;
THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST ONE -QUARTER,
N89°17'40"E A DISTANCE OF 1046.06 FEET, TO THE EAST LINE OF SAID WEST ONE-
HALF OF THE SOUTHWEST ONE -QUARTER;
THENCE ALONG SAID EAST LINE, S00°33143"E A DISTANCE OF 2617.41 FEET, TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH 1S 30.00 FEET
NORTH AND PARALLEL WITH SAID SOUTH LINE OF THE WEST ONE-HALF OF THE
SOUTHWEST ONE -QUARTER, 589°13'37"W A DISTANCE OF 1284.60 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 3,301,954 SQUARE FEET OR 75.802 ACRES.
TOGETHER WITH:
PARCEL I -2B
A PARCEL OF LAND BEING A PART OF THE EAST ONE-HALF OF THE SOUTHWEST
ONE -QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE
SIXTI1 PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Steve Moreno, Clerk and Recorder
BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR SOO°29'34"E A DISTANCE OF 2644.99 FEEL
MONUMENTED BY A 2-1t2" ALUMINUM CAP STAMPED "INTERMILL LS 12379" AT
THE CENTER ONE -QUARTER CORNER AND A 2" ALUMINUM CAP STAMPED "LS
25937" AT THE SOUTH ONE -QUARTER CORNER.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE -QUARTER
BEING THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 33;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER,
N00°29'34"W A DISTANCE OF 30.00 FEET, TO THE NORTHERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD 14 BEING TO THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
NORTH AND PARALLEL WITH THE SOUTH LINE OF THE EAST ONE-HALF OF SAID
SOUTHWEST ONE -QUARTER, S89°11'18"W A DISTANCE OF 1314.63 FEET, TO THE
WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33;
THENCE ALONG SAID WEST LINE ALSO BEING THE EAST LINE OF LOT B,
RECORDED EXEMPTION NO. 1303-33-3-RE1939, RECORDED DECEMBER 27, 1996 IN
BOOK 1583 AS RECEPTION NO 2526795, N00°33'43"W A DISTANCE OF 2617.41 FEET,
TO THE NORTHWEST CORNER OF SAID EAST ONE-HALF OF THE SOUTHWEST
ONE -QUARTER OF SAID SECTION 33;
THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST ONE -QUARTER,
N89°17'40"E A DISTANCE OF 1317.78 FEET, TO THE CENTER ONE -QUARTER CORNER
OF SAID SECTION 33;
THENCE ALONG SAID EAST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33, S00°2934"E A DISTANCE OF 2614.99 FEET, TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 3,443,425 SQUARE FEET OR 79.050 ACRES
Together with all of Grantor's rights, if any, in the small capacity wells located on the Property
at the time of execution of this Deed, together with the right to drill two small capacity wells on
Parcels I -2A and I -2B as defined in §37-90-105 CRS, however, under no circumstances shall
Grantee, its successors, or assigns, or assigns use Lost Creek alluvial designated ground water
(as distinguished from Lost Creek designated Denver Basin Groundwater) for new small
capacity wells and at no point may Grantee, its successors, or assigns use more than 5 acre feet
on Parcels I -2A and 1-2B of Lost Creek Denver Basin Ground Water for the small capacity
wells, including any unregistered small capacity wells. Together with all Henrylyn Irrigation
I4
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Steve Moreno, Clerk and Recorder
District and water rights associated with such District located on Parcels 1-2A and 1-2B
EXCLUDING:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit No.
31652FP, if any, which water rights were subject to the terms and conditions of the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County
District Court on May 10, 2004 in Case No. 98CV1727, and recorded on June 22, 2004 as
Reception No. 20040622000516130 of the books and records of the Adams County Clerk and
Recorder, and recorded on June 22, 2004 as Reception No. 3191505 of the books and records of
the Weld County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgment
and Decree of the Court entered by the Adams County District Court on June 1, 2004 in Case
No. 99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the
books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as
Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder; if
any, and all easements and rights of way for Well Permit No. 31654FP, all water rights and
rights to water in the Denver Basin Aquifers; all subterranean water and water rights, including
storage rights; all surface water and water rights; spring and spring rights; all tributary and non -
tributary water rights; designated and non designated water rights; all reservoir and reservoir
rights; ditches and ditch rights (excluding Henrylyn Irrigation District and water rights associated
with such Districts); all water and ditch company stock, water and sewer tap agreements; any and
all easements and rights -of -way for the carriage of water to Parcels I -2A and 1-2B, discharge of
water from Parcels I -2A and 1-2B, and storage water off Parcels 1-2A and 1-28; all utility
agreements with any other developers or with any municipality or quasi -municipal special
district, if any, which are owned by Grantor, related to or in any way appurtenant to Parcels I -2A
and 1-2B.
15
=ID, Inc. LC SKL15975 WE 3537344-2008.015
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02/25/2008 04:27 P Receipt#: 7345371
Page: 1 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
NO DOCUMENTARY FEE REQUIRED/CONVENIENCE DEED
EXEMPT FROM REAL PROPERTY TRANSFER TAX/OWNERSHIP CONFIRMATION
Special Warranty Deed
(515 Capital — Prospect Farms VI)
This Deed, made as of the 15 1-41 day of February, 2008, between 515 Capital LLC, a
Colorado limited liability company, as grantor ("Grantor"),
and
Prospect Farms VI LLC, a Colorado limited liability company, as grantee ("Grantee"), whose
legal address is 4643 S. Ulster Street, Suite 1300, Denver, Colorado 80237, of the City and
County of Denver, State of Colorado.
WITNESSETH, that Grantor, for and in for the exchange of the Membership Interest in
Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto
Grantee, its successors and assigns forever, all the real property, together with improvements, if
any, situate, lying and being in the County of Weld, State of Colorado, described as follows:
See Exhibit A attached hereto and incorporated herein.
Together with all and singular the hereditaments and appurtenances thereto belonging, or
in anywise appertaining, including, without limitation, all interest, if any, in vacated streets and
alleys adjacent thereto, all easements and appurtenances thereto, all improvements thereon and
attached fixtures thereon, if any, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances;
To Have and to Hold the said premises above bargained and described with the
appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors
and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER
DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its
successors and assigns, against all and every person or persons claiming the whole or any part
thereof, by, through or under Grantor, subject to matters of record.
SKLD, Inc. LG 5KL15975 WE 3537346-2008.001
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 2 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
515 Capital LLC,
a Colorado limited liability company
By:
Joel arkas, Manager
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this Zo day of February,
2008, by Joel H. Farkas, as Manager for 515 Capital LLC, a Colorado limited liability company,
on its behalf.
Witness my hand and official seal.
expires: 511 loB'
2
Notary Public
SKID, Inc. LC SKL15975 WE 3537346-2008.002
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Steve Moreno, Clerk and Recorder
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel D
A PART OF THE SECTION 27, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, LYING NORTH
AND WEST OF PROSPECT LATERAL, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SECTION 27, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N88°57'01 "E A DISTANCE OF 2644.91 FEET.
MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMPED "ALPHA ENGRG LS 25937"
AT THE NORTHWEST CORNER AND A 2" ALUMINUM CAP STAMPED "ALPHA
ENGRG LS 25937" AT THE NORTH ONE -QUARTER CORNER.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID
SECTION 27, N88°57'01"E A DISTANCE OF 820.00 FEET, TO THE NORTHEAST
CORNER OF SAID PARCEL DESCRIBED IN DEED RECORDED JUNE 9, 1923 IN BOOK
711 AT PAGE 148;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, S00°18'35"E A DISTANCE
OF 30.00 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
6, BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
6 WHICH IS 30 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE
NORTHWEST ONE -QUARTER OF SECTION 27, N88°57'01 "E A DISTANCE OF 1825.30
FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 6 WHICH IS 30 FEET SOUTH AND PARALLEL WITH THE NORTH
LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 27, N88°57'00"E A
DISTANCE OF 1902.96 FEET, TO THE CENTERLINE OF PROSPECT LATERAL;
THENCE ALONG THE CENTERLINE OF PROSPECT LATERAL THE FOLLOWING
FORTY-SIX (46) COURSES:
SI6°27'52"W A DISTANCE OF 297.11 FEET;
S 13°28'30"W A DISTANCE OF 195.40 FEET, TO A POINT OF CURVE;
3
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Steve Moreno, Clerk and Recorder
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N76°31'30"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 15°51'32"
AND AN ARC LENGTH OF 55.36 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
$60°39'59"E, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 24°00'07"
AND AN ARC LENGTH OF 7L22 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N84°40'06"W, HAVING A RADIUS OF 350.00 FEET, A CENTRAL ANGLE OF 20°03'07"
AND AN ARC LENGTH OF 122.49 FEET, TO A POINT OF TANGENCY;
S25°23'01 "W A DISTANCE OF 1555.84 FEET;
S25°37'06"W A DISTANCE OF 663.61 FEET;
S25°02'30"W A DISTANCE OF 690.38 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
$64°57'30"E, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 07°16'47"
AND AN ARC LENGTH OF 25.41 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N72°14'17"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 17°45'01"
AND AN ARC LENGTH OF 6L96 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S54°29'16"E, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 14°07'38"
AND AN ARC LENGTH OF 73.97 FEET, TO A POINT OF TANGENCY;
521°23105"W A DISTANCE OF 137.05 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N68°36'55"W, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 30°47'31"
AND AN ARC LENGTH OF 134.36 FEET, TO A POINT OF TANGENCY;
S52°10'36"W A DISTANCE OF 169.24 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S37°49'24"E, HAVING A RADIUS OF 205.00 FEET, A CENTRAL ANGLE OF 70°34'07"
AND AN ARC LENGTH OF 252A9 FEET, TO A POINT OF TANGENCY;
518°23'31"E A DISTANCE OF 266.27 FEET, TO A POINT OF CURVE;
4
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Steve Moreno, Clerk and Recorder
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
S71 °36'29"W, HAVING A RADIUS OF 1000 FEET, A CENTRAL ANGLE OF 76°52'26"
AND AN ARC LENGTH OF 134.17 FEET, TO A POINT OF TANGENCY;
S58°28'55"W A DISTANCE OF 57.00 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N31°31'05"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 44°20'52"
AND AN ARC LENGTH OF 154.80 FEET, TO A POINT OF TANGENCY;
N77°10'13"W A DISTANCE OF 125.98 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S12°49'47"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 08°21'33"
AND AN ARC LENGTH OF 29.18 FEET, TO A POINT OF TANGENCY;
N85°31'46"W A DISTANCE OF 115.11 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N04°28'14"E, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 39°26'34"
AND AN ARC LENGTH OF 86.05 FEET, TO A POINT OF TANGENCY;
N46°05111"W "W A DISTANCE OF 50.49 I'1;
N35°00'50"W A DISTANCE OF 267.40 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S54°59'10"W, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 50°24'36"
AND AN ARC LENGTH OF 131.97 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N04°34'34"E, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 26°38'30"
AND AN ARC LENGTH OF 232.49 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S31 ° 13'04"W, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 1501017"
AND AN ARC LENGTH OF 105.95 FEET, TO A POINT OF TANGENCY;
N73°57'33"W A DISTANCE OF 80.76 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N16°0212716, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 20°09'20"
AND AN ARC LENGTH OF 175.89 FEET, TO A POINT OF TANGENCY;
N53°48' 13 "W A DISTANCE OF 53.67 FEET;
5
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Steve Moreno, Clerk and Recorder
N59°56'17"W A DISTANCE OF 107.47 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S30°03'43"W, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 52°04'57"
AND AN ARC LENGTH OF 113.63 FEET, TO A POINT OF TANGENCY;
$67°58'46"W A DISTANCE OF 73.10 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N22°01'14"W, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 19°14'53"
AND AN ARC LENGTH OF 201.57 FEET, TO A POINT OF TANGENCY;
S87°13'39"W A DISTANCE OF 137.38 FEET;
N84°25'50"W A DISTANCE OF 77.12 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S05°34'I0"W, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 25°28'47"
AND AN ARC LENGTH OF 55.59 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N19°54'36"W, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 19°34'07"
AND AN ARC LENGTH OF 51.23 FEET, TO A POINT OF TANGENCY;
S89°39'31 "W A DISTANCE OF 136.63 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S00°20'29"E, HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 69°04'11"
AND AN ARC LENGTH OF 168.77 FEET, TO A POINT OF TANGENCY;
S20°35'21"W A DISTANCE OF 155.78 FJ E1, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
568°46'09"E, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 11°00'48"
AND AN ARC LENGTH OF 96.11 FEET, TO A POINT OF TANGENCY;
S 10°13'03"W A DISTANCE OF 58.79 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N79°46'57"W, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 45°04'00"
AND AN ARC LENGTH OF 78.66 FEET, TO A POINT OF TANGENCY;
S55°17'03"W A DISTANCE OF 75.62 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD 67;
6
SSLD, Inc. LG SKL15975 WE 3537346-2006.006
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 7 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
67 WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE
SOUTHWEST ONE -QUARTER OF SAID SECTION 27, N00°18'35"W A DISTANCE OF
1666.65 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF' -WAY LINE OF WELD
COUNTY ROAD 67 WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE
OF SAID NORTHWEST ONE-QUAR Imo. OF SECTION 27, N00°18'35"W A DISTANCE OF
1574.76 FEET, TO THE SOUTHERLY LINE OF SAID PARCEL DESCRIBED IN DEED
RECORDED JUNE 9, 1923 IN BOOK 711 AT PAGE 148;
THENCE ALONG SAID SOUTHERLY LINE OF SAID PARCEL, N88°57'01 "E A
DISTANCE OF 790.00 FEET, TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, N00°18'35" W A DISTANCE
OF 1030.00 FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 13,853,692 SQUARE libel' OR 318.037 ACRES.
Together with all of Grantor's rights, if any, in the small capacity wells located on the Property
at the time of execution of this Deed, together with the right to drill two (2) small capacity wells
on Parcel D as defined in §37-90-105 C.R.S, however, under no circumstances shall Grantee, its
successors, or assigns use Lost Creek alluvial designated ground water (as distinguished from
Lost Creek designated Denver Basin Groundwater) for new small capacity wells and at no point
may Grantee use more than 5 acre feet on Parcel D of Lost Creek Denver Basin Groundwater for
the small capacity wells, including any unregistered small capacity wells. Together with all
Henrylyn Irrigation District and water rights associated with such District located on Parcel D.
EXCLUDING THEREFROM:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit Nos.
12123FP (former Permit No. 12123R), and 12124FP (former Permit No. 12124R), which water
rights were subject to the terms and conditions of the Findings of Fact, Conclusions of Law,
Judgment and Decree of the Court entered by the Adams County District Court on May 10, 2004
in Case No. 98CV1727, and recorded on June 22, 2004 as Reception No. 20040622000516130
of the books and records of the Adams County Clerk and Recorder, and recorded on June 22,
2004 as Reception No. 3191505 of the books and records of the Weld County Clerk and
Recorder; and the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court
entered by the Adams County District Court on June 1, 2004 in Case No. 99CV0097, and
recorded on June 22, 2004 as Reception No. 20040622000516120 of the books and records of
the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No.
3191504 of the books and records of the Weld County Clerk and Recorder; all water rights and
rights to water in the Denver Basin Aquifers; all subterranean water and water rights, including
storage rights; all surface water and water rights; spring and spring rights; all tributary and non -
7
SKLD, Inc. LG SKL15975 WE 3537346-2008.007
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page. 8 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
tributary water rights; designated and non -designated water rights; all reservoir and reservoir
rights; ditches and ditch rights (excluding Henrylyn Irrigation District and water rights associated
with such Districts); all water and ditch company stock, water and sewer tap agreements; any and
all easements and rights -of -way for the carriage of water to Parcel D, discharge of water from
Parcel D, and storage water off Parcel D; all utility agreements with any other developers or with
any municipality or quasi -municipal special district, if any, which are owned by Grantor, related
to or in any way appurtenant to Parcel D.
Parcel H
A PART OF THE WEST ONE-IIALF OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 63
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 35, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N00°24' 12"W A DISTANCE OF 2643.41 FEET.
MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "ALLES AND ASSOCIATES
PLS 9644" AT THE WEST ONE -QUARTER CORNER AND A 3-1/4" ALUMINUM CAP
STAMPED "NOLTE LS 28656" AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, N00°24' 12"W A DISTANCE OF 30.00 FEET TO THE NORTHERLY RIGHT-
OF-WAY LINE OF WELD COUNTY ROAD 14 EXTENDED;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE EXTENDED, N89°14'57"E
A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 79 BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST
AND PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SAID SECTION 35, N00°24'12"W A DISTANCE OF 2613.38 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30
FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE -
QUARTER OF SAID SECTION 35,1400°24'24"W A DISTANCE OF 2613.13 FEET, TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET SOUTH
AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SAID SECTION 35, N89°17'42"E A DISTANCE OF 2614.64 FEET, TO THE EAST LINE OF
SAID NORTHWEST ONE -QUARTER OF SAID SECTION 35;
8
SKIM, Inc. I,G SKL15975 WE 3537346-2008.008
RRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 9 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
THENCE ALONG SAID EAST LINE OF THE NORTHWEST ONE -QUARTER, S00°32'58"E
A DISTANCE OF 2613.17 FEET, TO THE CENTER ONE -QUARTER CORNER OF SAID
SECTION 35;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, S00°32'51"E A DISTANCE OF 2611.18 FEET, TO SAID NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET
NORTH AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST ONE -
QUARTER OF SAID SECTION 35, 589°14'57"W A DISTANCE OF 2627.73 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 13,696,581 SQUARE FEET OR 314.430 ACRES.
Together with all of Grantor's rights, if any, in the small capacity wells located on the Property
at the time of execution of this Deed, together with the right to drill two (2) small capacity wells
on Parcel H as defined in §37-90-105 C.R.S, however, under no circumstances shall Grantee, its
successors, or assigns use Lost Creek alluvial designated ground water (as distinguished from
Lost Creek designated Denver Basin Groundwater) for new small capacity wells and at no point
may Grantee use more than 5 acre feet on Parcel H of Lost Creek Denver Basin Groundwater for
the small capacity wells, including any unregistered small capacity wells. Together with all
Henrylyn Irrigation District and water rights associated with such District located on Parcel H.
EXCLUDING THEREFROM:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit Nos.
1771 EP (former Permit No. 1771R), 1772FP (former Permit No. 1772R), l 773FP (former Permit
No. 1773R) and 1774FP (former Permit No. 1774R), which water rights were subject to the
terms and conditions of the Findings of Fact, Conclusions of Law, Judgment and Decree of the
Court entered by the Adams County District Court on May 10, 2004 in Case No. 98CV 1727, and
recorded on June 22, 2004 as Reception No. 20040622000516130 of the books and records of
the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No.
3191505 of the books and records of the Weld County Clerk and Recorder; and the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County
District Court on June 1, 2004 in Case No. 99CV0097, and recorded on June 22, 2004 as
Reception No. 20040622000516120 of the books and records of the Adams County Clerk and
Recorder, and recorded on June 22, 2004 as Reception No. 3191504 of the books and records of
the Weld County Clerk and Recorder; all water rights and rights to water in the Denver Basin
Aquifers; all subterranean water and water rights, including storage rights; all surface water and
water rights; spring and spring rights; all tributary and non -tributary water rights; designated and
non -designated water rights; all reservoir and reservoir rights; ditches and ditch rights (excluding
Henrylyn Irrigation District and water rights associated with such Districts); all water and ditch
company stock, water and sewer tap agreements; any and all easements and rights -of -way for the
9
SKID, Inc. LG SKL15975 WE 3537346-2008.009
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 10 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
carriage of water to Parcel H, discharge of water from Parcel H, and storage water off Parcel H;
all utility agreements with any other developers or with any municipality or quasi -municipal
special district, if any, which are owned by Grantor, related to or in any way appurtenant to
Parcel H.
Parcel 1-1
A PARCEL OF LAND BEING A PART OF THE NORTH ONE-HALF OF THE
NORTHEAST ONE -QUARTER AND A PART OF THE SOUTHWEST ONE -QUARTER OF
THE NORTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 2 NORTH, RANGE 63
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF
SECTION 32, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N89°10'05"E A DISTANCE OF 2636.16 FEET.
MONUMEN i Ell BY A 3-1/4" ALUMINUM CAP STAMPED "KING SURVEYORS INC LS
2209$" AT THE NORTH ONE -QUARTER CORNER AND A 3-1/4" ALUMINUM CAP
STAMPED "MCRAE & SHORT INC LS 7242" AT THE NORTHEAST CORNER OF SAID
SECTION 32.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, S89°10'05"W A DISTANCE OF
30.00 FEET;
THENCE S00°38'37"E A DISTANCE OF 30.00 FEET, TO THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 AND THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16, BEING THE TRUE
POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET WEST
AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, S00°38'37"E A DISTANCE OF
1289.14 FEET, TO THE SOUTH LINE OF SAID NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32;
THENCE ALONG SAID SOUTH LINE, 589°08'47"W A DISTANCE OF 1287.36 FEET TO
THE NORTHEAST ONE -SIXTEENTH CORNER OF SAID SECTION 32;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, 389°08'47"W A DISTANCE OF
15.00 FEET;
10
STCLD, Inc. LG SKL15375 WE 3537346-2008.010
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 11 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
THENCE PARALLEL WITH AND 15.00 FEET WEST OF THE EAST LINE OF THE
SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32, S00°40'30"E A DISTANCE OF 1319.63 FEET, TO THE SOUTH LINE OF
SAID SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32;
THENCE ALONG SAID SOUTH LINE, S89°07'29" W A DISTANCE OF 1301.64 FEET, TO
THE CENTER ONE -QUARTER CORNER OF SAID SECTION 32;
THENCE ALONG THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32, N00°42`23"W A DISTANCE OF 2610.25 FEET, TO SAID SOUTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST ONE -
QUARTER OF SAID SECTION 32, N89°!0'05"E A DISTANCE OF 2606.12 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 5,078,501 SQUARE FEET OR 116.586 ACRES.
Together with all of Grantor's rights, if any, in the small capacity wells located on the Property
at the time of execution of this Deed and Well Permit No. 17940, together with the right to drill
two (2) small capacity wells on Parcel I-1 as defined in §37-90-105 C.R.S, however, under no
circumstances shall Grantee, its successors, or assigns use Lost Creek alluvial designated ground
water (as distinguished from Lost Creek designated Denver Basin Groundwater) for new small
capacity wells and at no point may Grantee use more than 5 acre feet on Parcel 1-1 of Lost Creek
Denver Basin Groundwater for the small capacity wells, including any unregistered small
capacity wells. Together with all Henrylyn Irrigation District and water rights associated with
such District located on Parcel I-1.
EXCLUDING THEREFROM:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit No.
31612FP (former Permit No. 12315) and all easement associated with Well Permit No.
31612FP), which water rights were subject to the terms and conditions of the Findings of Fact,
Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District
Court on May 10, 2004 in Case No. 98CV 1727, and recorded on June 22, 2004 as Reception No.
20040622000516130 of the books and records of the Adams County Clerk and Recorder, and
recorded on June 22, 2004 as Reception No. 3191505 of the books and records of the Weld
County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgment and Decree
of the Court entered by the Adams County District Court on June 1, 2004 in Case No.
99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the books
and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as
11
SKID, Inc. LG SYCLX5975 WE 3537346-2008.011
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 12 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder;
together with any of Grantor's rights and interests, if any, in an easement approximately twenty
(20) feet in width for a pipeline and ditch from the well designated by Final Permit No. 31612 -
FP (formerly Permit No. 12315-R), which is located in the Northwest Quarter (NW1/4) of the
Southeast Quarter (SE114) of Section 33, Township 2 North, Range 63 West of the 6th P.M. to
the North Half (N I/2) of the Northeast Quarter (NE1/4) /4) and Southwest Quarter (SW l/4) of the
Northeast Quarter (NE1 /4) of Section 32, Township 2 North, Range 63 West of the 6th P.M.,
which easement is approximately described as follows: Beginning at a point near the Northwest
corner of the Southwest Quarter (SW 114) of Section 33, Township 2 North, Range 63 West of
the 6U' P.M., then West into the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of
Section 32, Township 2 North, Range 63 West of the 6th P.M., then North into the Southeast
Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 32, Township 2 North, Range 63
West of the 6`h P.M., and parallel to the East section line of said Section 32 and West of Weld
County Road 65, to a point near the East Quarter corner of the Northeast Quarter (NE1/4) of said
Section 32, which point is located on the East-West centerline of the Northeast Quarter (NE1/4)
of said Section 32. The approximate location of the easement is marked as "A" on Exhibit B to a
General Warranty Deed recorded March 23, 1990 at Book 1259, Reception No. 02208805;
together with rights -of -way, or other rights of access used in conjunction with the Property, and
any of Grantor's rights and interests, if any, in the Agreement dated June 7, 1951 between Frank
A. Neill and Rispah A. Neill, Clarence O. Byrnes and Annie Faye Byrnes, and H.E. Crow,
recorded August 13, 1951 in Book 1309, Page 220, Reception No. 1112303 with the Clerk and
Recorder of Weld County, and the Agreement dated June 7, 1951 between Clarence O. Byrnes
and Annie Faye Byrnes, and H.E. Crow, recorded August 13, 1951 in Book 1309, Page 224,
Reception No. 1112304 with the Clerk and Recorder of Weld County; all water rights and rights
to water in the Denver Basin Aquifers; all subterranean water and water rights, including storage
rights; all surface water and water rights; spring and spring rights; all tributary and non -tributary
water rights; designated and non -designated water rights; all reservoir and reservoir rights;
ditches and ditch rights (excluding Henrylyn Irrigation District and water rights associated with.
such Districts); all water and ditch company stock, water and sewer tap agreements; any and all
easements and rights -of -way for the carriage of water to Parcel I-1, discharge of water from
Parcel I-1, and storage water off Parcel I-1; all utility agreements with any other developers or
with any municipality or quasi -municipal special district, if any, which are owned by Grantor,
related to or in any way appurtenant to Parcel I-1.
PARCEL 1-2A
LOT B, RECORDED EXEMPTION NO. 1303-33-3-RE1939, RECORDED DECEMBER 27,
1996 IN BOOK 1583 AS RECEPTION NO 2526795 BEING A PART OF THE WEST ONE-
HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 2 NORTH,
RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N00°37'53"W A DISTANCE OF 2648.95 FEET.
MONUMENTED BY A 2" ALUMINUM CAP STAMPED "INTERMILL LS 12379" AT THE
12
SKID, Inc. LG SKL15975 WE 3537346-2008.012
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 13 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
WEST ONE -QUARTER CORNER AND A 2-11/2" ALUMINUM CAP STAMPED "POWERS
ELEVATION COMPANY" AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33;
THENCE ALONG THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER,
N00°37'53"W A DISTANCE OF 30.00 FEET;
THENCE N89° 13' 37"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 AND THE
NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14, BEING TO THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET EAST
AND PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, N00°37'53"W A DISTANCE OF 2354.62 FEET, TO THE SOUTHERLY LINE
OF LOT A SAID RECORDED EXEMPTION NO. 1303-33-3-RE1939;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT A, N88°38'15"E A DISTANCE
OF 256.59 FEET, TO THE SOUTHEAST CORNER OF SAID LOT A;
THENCE ALONG THE EASTERLY LINE OF SAID LOT A, N03°53'00"W A DISTANCE OF
261.76 FEET, TO THE NORTHEAST CORNER OF SAID LOT A;
THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST ONE -QUARTER,
N89°1T40"E A DISTANCE OF 1046.06 FEET, TO THE EAST LINE OF SAID WEST ONE-
HALF OF THE SOUTHWEST ONE -QUARTER;
THENCE ALONG SAID EAST LINE, S00°33'43"E A DISTANCE OF 2617.41 FEET, TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
NORTH AND PARALLEL WITH SAID SOUTH LINE OF THE WEST ONE-HALF OF THE
SOUTHWEST ONE -QUARTER, S89°I3'37"W A DISTANCE OF 1284.60 FEET, TO THE
POINT OF BEGINNING.
13
SKID, Inc. LG SKL15975 WE 3537346-2008.013
eRecorded in Weld County, CO Doc Id: 3537346
02125/2008 04:27 P Receipt#: 7345371
Page: 14 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
CONTAINING AN AREA OF 3,301,954 SQUARE FEET OR 75.802 ACRES.
TOGETHER WITH:
PARCEL 2B
A PARCEL OF LAND BEING A PART OF THE EAST ONE-HALF OF THE SOUTHWEST
ONE -QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR S00°29'34"E A DISTANCE OF 2644.99 FEET.
MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "INTERMILL LS 12379" AT
THE CENTER ONE -QUARTER CORNER AND A 2" ALUMINUM CAP STAMPED "LS
25937" AT THE SOUTH ONE -QUARTER CORNER.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE -QUARTER
BEING THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 33;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER,
NOO°29'34"W A DISTANCE OF 30.00 FEET, TO THE NORTHERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD 14 BEING TO THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
NORTH AND PARALLEL WITH THE SOUTH LINE OF THE EAST ONE-HALF OF SAID
SOUTHWEST ONE -QUARTER, 589°11'18"W A DISTANCE OF 1314.63 FEET, TO THE
WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33;
THENCE ALONG SAID WEST LINE ALSO BEING THE EAST LINE OF LOT B,
RECORDED EXEMPTION NO. 1303-33-3-RE1939, RECORDED DECEMBER 27, 1996 IN
BOOK 1583 AS RECEPTION NO 2526795, N40°33'43"W A DISTANCE OF 2617.41 FEET,
TO THE NORTHWEST CORNER OF SAID EAST ONE-HALF OF THE SOUTHWEST
ONE -QUARTER OF SAID SECTION 33;
THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST ONE -QUARTER,
N89°17`40"E A DISTANCE OF 1317.78 FEET, TO THE CENTER ONE -QUARTER CORNER
OF SAID SECTION 33;
THENCE ALONG SAID EAST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33, S00°29'34" E A DISTANCE OF 2614.99 FEET, TO THE POINT OF
BEGINNING.
14
SKLD, Inc. LG SKL15975 WE 3537346-2008.014
eRecorded in Weld County, CO Doc Id: 3537346
02/25/2008 04:27 P Receipt#: 7345371
Page: 15 of 15 Total Fee: $76.00
Steve Moreno, Clerk and Recorder
CONTAINING AN AREA OF 3,443,425 SQUARE FEET OR 79.050 ACRES
Together with all of Grantor's rights, if any, in the small capacity wells located on the Property
at the time of execution of this Deed, together with the right to drill two small capacity wells on
Parcels I.2A and 1-2B as defined in §37-90-105 C.R.S, however, under no circumstances shall
Grantee, its successors, or assigns, or assigns use Lost Creek alluvial designated ground water
(as distinguished from Lost Creek designated Denver Basin Groundwater) for new small
capacity wells and at no point may Grantee, its successors, or assigns use more than 5 acre feet
on Parcels I -2A and I -2B of Lost Creek Denver Basin Ground Water for the small capacity
wells, including any unregistered small capacity wells. Together with all Henrylyn Irrigation
District and water rights associated with such District located on Parcels I -2A and I -2B
EXCLUDING:
Any and all water and water rights, whether adjudicated or not (except for the water and water
rights described above), all well and well rights, including but not limited to, Well Permit No.
31652FP, if any, which water rights were subject to the terms and conditions of the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County
District Court on May 10, 2004 in Case No. 98CV 1727, and recorded on June 22, 2004 as
Reception No. 20040622000516130 of the books and records of the Adams County Clerk and
Recorder, and recorded on June 22, 2004 as Reception No. 3191505 of the books and records of
the Weld County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgment
and Decree of the Court entered by the Adams County District Court on June 1, 2004 in Case
No. 99CV0097, and recorded on June 22, 2004 as Reception No. 2004062200051 6120 of the
books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as
Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder; if any,
and all easements and rights of way for Well Permit No. 31654FP, all water rights and rights to
water in the Denver Basin Aquifers; all subterranean water and water rights, including storage
rights; all surface water and water rights; spring and spring rights; all tributary and non -tributary
water rights; designated and non -designated water rights; all reservoir and reservoir rights;
ditches and ditch rights (excluding Henrylyn Irrigation District and water rights associated with
such Districts); all water and ditch company stock, water and sewer tap agreements; any and all
easements and rights -of -way for the carriage of water to Parcels I -2A and I -2B, discharge of
water from Parcels I -2A and I -2B, and storage water off Parcels I -2A and 1-2B; all utility
agreements with any other developers or with any municipality or quasi -municipal special
district, if any, which are owned by Grantor, related to or in any way appurtenant to Parcels I -2A
and I -2B.
15
SIMI), Inc. LG SKL15975 WE 3537346-2009.015
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 1 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
Special Warranty Deed
(Huwa)
This Deed, made this 22nd day of February, 2008, between Prospect Farms VI LLC, a
Colorado limited liability company, of the City and County of Denver, State of Colorado, as grantor
("Grantor"),
and
Richard F. Huwa and Patricia A. fluwa, husband and wife, as joint tenants, whose legal address is
3964 Hwy 79, Keenesburg, Colorado 80643, of the County of Weld, State of Colorado, as grantees
(collectively the "Grantee").
Witness, that Grantor, for and in consideration of the sum of Ten Dollars ($10) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm unto Grantee, for itself, their heirs, successors and assigns forever, all the real property,
together with improvements, if any, situate, lying and being in the County of Weld, State of
Colorado, described as follows:
See Exhibit A attached hereto and incorporated herein ("Property").
Together with all and singular the hereditaments and appurtenances thereunto belonging,
or in anywise appertaining and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof, and all of the oil, gas, gravel, royalty interests and other mineral rights,
together with all surface rights, which are owned by Grantor, if any, related to, or in any way
appurtenant to, in and under and that may be produced therefrom, and all the estate, right, title,
interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances.
•
Together with all of Grantor's rights, if any, in the small capacity wells located on the
Property at the time of execution of this Deed and Well Permit No. 17940FP, together with the
right to drill two (2) small capacity wells on each Parcel D, Parcel H, and Parcel I-1 and a total of
two (2) small capability wells collectively on Parcels I -2A and I -2B (not four (4) wells) as
defined in §37-90-105 C.R.S, however, under no circumstances shall Grantee, their heirs,
successors, or assigns use Lost Creek alluvial designated ground water (as distinguished from
Lost Creek designated Denver Basin Groundwater) for new small capacity wells and at no point
may Grantee use more than 5 acre feet for each Parcel D, II,1-1, I -2A and I -2B (I -2A and I -2B
are treated as one parcel and shall be limited to 5 acre feet total not 10 acre feet) of Lost Creek
Denver Basin Groundwater for the small capacity wells, EXCEPT RESERVING UNTO
GRANTOR, the following: all water and water rights, whether adjudicated or not, which are
related to or in any way appurtenant to the Property, (except for the water and water rights
described above) including without limitations, all well and well rights, including but not limited
to, the water rights associated with Well Permit Nos. 1771 FP (former Permit No. 1771 R),
1772FP (former Permit No. 1772R), I 773FP (former Permit No. 1773R), 1774FP (former Permit
No. I 774R), 12123FP (former Permit No. 12123R), 12124FP (former Permit No. 12124R), and
31612FP (former Permit No. 12315R) and any easements and rights of way for Well Permit No.
SELD, Inc. LG SKL15975 WE 3537787-2008.001
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 2 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
and 31653FP; which water rights were subject to the terms and conditions of the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County
District Court on May 10, 2004 in Case No. 98CV1727, and recorded on June 22, 2004 as
Reception No. 20040622000516130 of the books and records of the Adams County Clerk and
Recorder, and recorded on June 22, 2004 as Reception No, 3191505 of the books and records of
the Weld County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgment
and Decree of the Court entered by the Adams County District Court on June 1, 2004 in Case
No. 99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the
books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as
Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder;
together with any of Grantor's rights and interest in an easement approximately twenty (20) feet
in width for a pipeline and ditch from the well designated by Final Permit No. 31612 -FP
(formerly Permit No. 12315-R), which is located in the Northwest Quarter (NW 1 /4) of the
Southeast Quarter (SE1/4) of Section 33, Township 2 North, Range 63 West of the 6th P.M. to
the North Half (N1/2) of the Northeast Quarter (NE1/4) and Southwest Quarter (SW 114) of the
Northeast Quarter (NE1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M.,
which easement is approximately described as follows: Beginning at a point near the Northwest
corner of the Southwest Quarter (SW 1/4) of Section 33, Township 2 North, Range 63 West of
the 6th P.M., then West into the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of
Section 32, Township 2 North, Range 63 West of the 6a' P.M., then North into the Southeast
Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 32, Township 2 North, Range 63
West of the 6th P.M., and parallel to the East section line of said Section 32 and West of Weld
County Road 65, to a point near the East Quarter corner of the Northeast Quarter (NE1/4) of said
Section 32, which point is located on the East-West centerline of the Northeast Quarter (NE1 /4)
of said Section 32. The approximate location of the easement is marked as "A" on Exhibit B to a
General Warranty Deed recorded March 23, 1990 at Book 1259, Reception No. 02208805; all
water rights and rights to water in the Denver Basin Aquifers underlying the Property; all
Henrylyn Irrigation District and water rights associated with such District associated with the
Property; all subterranean water and water rights; all surface water and water rights; spring and
spring rights, all underground water rights and storage rights located under the Property; all
tributary and non -tributary water rights; designated and non -designated water rights; all reservoir
and reservoir rights; ditches and ditch rights; all water and ditch company stock, water, and sewer
tap agreements; any and all easements and rights -of -way for the carriage of water to the Property;
discharge of water from the Property, and storage water off Property; all utility agreements with
any other developers or with any municipality or quasi -municipal special district, which are
related to or in any way appurtenant to the Property, together with rights -of -way, or other rights
of access used in conjunction with the Property, together with any of Grantor's rights and interest
in the Agreement dated June 7, 1951 between Frank A. Neill and Rispah A. Neil, Clarence O.
Byrnes and Annie Faye Byrnes, and H.E. Crow, recorded August 13, 1951 in Book 1309, Page
220, Reception No. 1112303 with the Clerk and Recorder of Weld County, and the Agreement
dated June 7, 1951 between Clarence O. Byrnes and Annie Faye Byrnes, and H.E. Crow,
recorded August 13, 1951 in Book 1309, Page 224, Reception No. 1112304 with the Clerk and
Recorder of Weld County.
To Have and to Hold the said premises above bargained and described, with the
appurtenances, unto the Grantee, for themselves, their heirs, its successors and assigns forever.
Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with
Grantee, for themselves, their personal representatives, heirs, successors and assigns, that at the
2
SKID, Inc. LG SII.15975 WE 3537787-2008.002
RRccorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 3 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
time of the ensealing and delivery of these presents, Grantor is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the
same in manner and form aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or
nature whatsoever, except for and subject to those matters as set forth on Exhibit B attached hereto
and incorporated herein.
Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
premises in the quiet and peaceable possession of Grantee, for themselves, their personal
representatives, heirs, successors and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof by, through or under Grantor.
In Witness Whereof, Grantor has executed this Deed on the date set forth above.
Preis . arms VI LLC,
a oral ' limited liability company
By:
J l H. Farkas. Manager
STATE OF COLORADO
)ss.
CITY AND COUNTY OF DENVER
The foregoing instrument was acknowledged before me this ≥ may of February, 2008,
by Joel H. Farkas, as Manager of Prospect Farms VI LLC, a Colorado limited liability company,
on its behalf.
Witness my hand and official seal.
ion expires:! q/
3
GELD, Inc. LG SICL15975 WE 3537787-2008.003
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 4 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
Exhibit A
(Legal Description)
Parcel D
A PART OF THE SECTION 27, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, LYING NORTH
AND WEST OF PROSPECT LATERAL, BEING MORE. PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SECTION 27, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N88°57'01"E A DISTANCE OF 2644.91 FEET,
MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMPED "ALPHA ENGRG LS 25937"
AT THE NORTHWEST CORNER AND A 2" ALUMINUM CAP STAMPED "ALPHA
ENGRG LS 25937" AT THE NORTH ONE -QUARTER CORNER.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID
SECTION 27, N88°57'01"E A DISTANCE OF 820.00 FEET, TO THE NORTHEAST
CORNER OF SAID PARCEL DESCRIBED IN DEED RECORDED JUNE 9, 1923 IN BOOK
711 AT PAGE 145;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, 500°18'35"E A DISTANCE
OF 30.00 Eht,1, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
6, BEING THE TRUE POINT OF BEGINNING;
TI IENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
6 WHICH IS 30 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE
NORTHWEST ONE -QUARTER OF SECTION 27, N88°57'01 "E A DISTANCE OF 1825.30
FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 6 WHICH IS 30 FEET SOUTH AND PARALLEL WITH THE NORTH
LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 27, N88°57'00"E A
DISTANCE OF 1902.96 FEET, TO THE CENTERLINE OF PROSPECT LATERAL;
THENCE ALONG THE CENTERLINE OF PROSPECT LATERAL THE FOLLOWING
FORTY-SIX (46) COURSES:
516°2752"W A DISTANCE OF 297.11 FEET;
S13°28'30"W A DISTANCE OF 195.40 FEET, TO A POINT OF CURVE;
4
S1LD, Inc. LG 5ICL15975 WE 3537787-2008.004
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02/27/2008 11:57 A Receipt#: 7345644
Page: 5 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N76°31`30"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 15°51'32"
AND AN ARC LENGTH OF 55.36 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
$60°39'59"E, RAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 24°00'07"
AND AN ARC LENGTH OF 71.22 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N84°40'06"W, HAVING A RADIUS OF 350.00 FEET, A CENTRAL ANGLE OF 20°03107"
AND AN ARC LENGTH OF 122.49 FEET, TO A POINT OF TANGENCY;
S25°23'01"W A DISTANCE OF 1555.84 FEET;
525°37106"W A DISTANCE OF 663.61 FEET;
525°02'30"W A DISTANCE OF 690.38 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
$64°57'30"E, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 07°16'47"
AND AN ARC LENGTH OF 25.41 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N72°14'17"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 17°45'01"
AND AN ARC LENGTH OF 61.96 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S54°29'16"E, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 14°07'38"
AND AN ARC LENGTH OF 73.97 FEET, TO A POINT OF TANGENCY;
S21°23'05"W A DISTANCE OF 137.05 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N68°36'55"W, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 30°47'31"
AND AN ARC LENGTH OF 13436 FEET, TO A POINT OF TANGENCY;
S52°10'36"W A DISTANCE OF 169.24 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
537°49'24"E, HAVING A RADIUS OF 205.00 FEET, A CENTRAL ANGLE OF 70°34'07"
AND AN ARC LENGTH OF 252.49 FEET, TO A POINT OF TANGENCY;
518°23'31"E A DISTANCE OF 266.27 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
871°3629"W, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 76°52126"
AND AN ARC LENGTH OF 134.17 FEET, TO A POINT OF TANGENCY;
5
SKLD, Inc. LG SKL15975 WE 3537787-2008.005
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 6 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
558°28'55"W A DISTANCE OF 57.00 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N31°31'05"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 44°20'52"
AND AN ARC LENGTH OF 154.80 FEET, TO A POINT OF TANGENCY;
N77°10`13"W A DISTANCE OF 125.98 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S12°49'47"W, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 08°21'33"
AND AN ARC LENGTH OF 29.18 FEET, TO A POINT OF TANGENCY;
N85°31'46"W A DISTANCE OF 115.1 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N04°28'14"E, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 39°2634"
AND AN ARC LENGTH OF 86.05 FEET, TO A POINT OF TANGENCY;
N46°05' 11 "W A DISTANCE OF 50.49 FEET;
N35°00'50"W A DISTANCE OF 267A0 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S54°59'14"W, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 50°24'36"
AND AN ARC LENGTH OF 131.97 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N04°34'34"E, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 26°38'30"
AND AN ARC LENGTH OF 232.49 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S31 ° 13'04"W, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 15°10'37"
AND AN ARC LENGTH OF 105.95 FEET, TO A POINT OF TANGENCY;
N73°5T33"W A DISTANCE OF 80.76 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N16°0227"E, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 20°09'20"
AND AN ARC LENGTH OF 175.89 FEET, TO A POINT OF TANGENCY;
N53°48'13"W A DISTANCE OF 53.67 FEET;
N59°56'17"W A DISTANCE OF 107.47 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
530°03'43"W, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 52°04'57'
AND AN ARC LENGTH OF 113.63 FEET, TO A POINT OF TANGENCY;
6
SKID, Inc. LG 5KL15975 WE 3537787-2008.006
eRecorded in Weld County, CO Doc Id: 3537787
021271200811:57 A Receipt#: 7345644
Page: / of 21 Iota! Fee: $160.23
Steve Moreno, Clerk and Recorder
$67°58'46"W A DISTANCE OF 73.10 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N22°01'14"W, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 19°14'53"
AND AN ARC LENGTH OF 201.57 FEET, TO A POINT OF TANGENCY;
587°13'39"W A DISTANCE OF 137.38 FEET;
N84°25'50'W A DISTANCE OF 77.12 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S05°34'10" W, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 25°28'47"
AND AN ARC LENGTH OF 55.59 FEET, TO A POINT OF REVERSE CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N19°54'36"W, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 19°34'07"
AND AN ARC LENGTH OF 51.23 FEET, TO A POINT OF TANGENCY;
S89°39'31"W A DISTANCE OF 136.63 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
SOO°2029"E, HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 69°04'11"
AND AN ARC LENGTH OF 168.77 FEET, TO A POINT OF TANGENCY;
520°3521"W A DISTANCE OF 155.78 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
$68M6'09"E, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 1I°00'48"
AND AN ARC LENGTH OF 96.11 FEET, TO A POINT OF TANGENCY;
S 10° 13'03 "W A DISTANCE OF 58.79 FEET, TO A POINT OF CURVE;
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N79°46'57"W, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 45°04'00"
AND AN ARC LENGTH OF 78.66 FEET, TO A POINT OF TANGENCY;
S55°17'03"W A DISTANCE OF 75.62 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD 67;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD
67 WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE
SOUTHWEST ONE -QUARTER OF SAID SECTION 27, N00°18'35"W A DISTANCE OF
1666.65 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 67 WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE
OF SAID NORTHWEST ONE -QUARTER OF SECTION 27, N00°18'35"W A DISTANCE OF
1574.76 FEET, TO THE SOUTHERLY LINE OF SAID PARCEL DESCRIBED IN DEED
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SICI.D, Inc. LG SKL15975 WE 3537787--2009.007
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02/27/2008 11:57 A Receipt#: 7345644
Page: 8 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
RECORDED JUNE 9, 1923 IN BOOK 711 AT PAGE 148;
THENCE ALONG SAID SOUTHERLY LINE OF SAID PARCEL, N88°57'01"E A DISTANCE
OF 790.00 FEET, TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL, N00° 18'35"W A DISTANCE
OF 1030.00 FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 13,853,692 SQUARE FEET OR 318.037 ACRES.
TOGETHER WITH:
Parcel H
A PART OF THE WEST ONE-HALF OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 63
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 35, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N00°24' 12"W A DISTANCE OF 264141 FEET.
MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "ALLES AND ASSOCIATES
PLS 9644" AT THE WEST ONE -QUARTER CORNER AND A 3-1/4" ALUMINUM CAP
STAMPED "NOLTE LS 28656" AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, N00°24' 12"W A DISTANCE OF 30.00 FEET TO THE NORTHERLY RIGHT-
OF-WAY LINE OF WELD COUNTY ROAD 14 EXTENDED;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE EXTENDED, N89°14'57"E
A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 79 BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST
AND PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SAID SECTION 35, NO °24'12" W A DISTANCE OF 2613.38 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30
FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE -
QUARTER OF SAID SECTION 35, N00°24'24"W A DISTANCE OF 2613.13 FEET, TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16;
8
SKIM, Inc. LG SKL15975 WE 3537787-2008.008
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 9 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET SOUTH
AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SAID SECTION 35, N89° 17'42"E A DISTANCE OF 261444 FEET, TO THE EAST LINE OF
SAID NORTHWEST ONE -QUARTER OF SAID SECTION 35;
THENCE ALONG SAID EAST LINE OF THE NORTHWEST ONE -QUARTER, S00°32`58"E
A DISTANCE OF 2613.17 FEET, TO THE CENTER ONE -QUARTER CORNER OF SAID
SECTION 35;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER OF SAID
SECTION 35, S00°32'51 "E A DISTANCE OF 2611.18 FEET, TO SAID NORTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET NORTH
AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF
SAID SECTION 35, 589°14'57"W A DISTANCE OF 2627.73 FEET, TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 13,696,581 SQUARE FEET OR 314.430 ACRES.
TOGETHER WITH:
Parcel 1-1
A PARCEL OF LAND BEING A PART OF THE NORTH ONE-HALF OF TIM NORTHEAST
ONE -QUARTER AND A PART OF THE SOUTHWEST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SECTION 32, TOWNSHIP 2 NORTH, RANGE 63 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF
SECTION 32, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N89°10'05"E A DISTANCE OF 2636.16 FEET.
MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMPED "KING SURVEYORS INC LS
22098" AT THE NORTH ONE -QUARTER CORNER AND A 3-1/4" ALUMINUM CAP
STAMPED "MCRAE & SHORT INC LS 7242" AT THE NORTHEAST CORNER OF SAID
SECTION 32.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, 589°10'05"W A DISTANCE OF
30.00 FEET;
THENCE SOO°38'37"E A DISTANCE OF 30.00 FEET, TO THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 AND THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16, BEING THE TRUE
POINT OF BEGINNING;
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SKLD, Inc. LG SKL15975 WE 3537787-2008.049
eRecorded in Weld County, CO Doc Id: 3537787
021271200811:57 A Receipt#: 7345644
Page: 10 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET WEST
AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, S00°38'37"E A DISTANCE OF
1289.14 FEET, TO THE SOUTH LINE OF SAID NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32;
THENCE ALONG SAID SOUTH LINE, S89°08'47"W A DISTANCE OF 128736 FEET TO
THE NORTHEAST ONE -SIXTEENTH CORNER OF SAID SECTION 32;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 32, S89°08'47"W A DISTANCE OF
15.00 FEET;
THENCE PARALLEL WITH AND 15.00 FEET WEST OF THE EAST LINE OF THE
SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32, S00°40'30"E A DISTANCE OF 1319.63 FEET, TO THE SOUTH LINE OF
SAID SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32;
THENCE ALONG SAID SOUTH LINE, S89°07'29"W A DISTANCE OF 1301.64 FEET, TO
THE CENTER ONE -QUARTER CORNER OF SAID SECTION 32;
THENCE ALONG THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SAID
SECTION 32, N00°42'23"W A DISTANCE OF 2610.25 FEET, TO SAID SOUTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 16;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST ONE -
QUARTER OF SAID SECTION 32, N89°10'05"E A DISTANCE OF 2606.12 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 5,078,501 SQUARE FEET OR 116.586 ACRES.
TOGETHER WITH:
PARCEL I -2A
LOT B, RECORDED EXEMPTION NO. 1303-33-3-RE1939, RECORDED DECEMBER 27,
1996 IN BOOK 1583 AS RECEPTION NO 2526795 BEING A PART OF THE WEST ONE-
HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 33, TOWNSHIP 2 NORTH,
RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR N00°37'53"W A DISTANCE OF 2648.95 FEET.
MONUMENTED BY A 2" ALUMINUM CAP STAMPED "INTERMILL LS 12379" AT THE
10
SKID, Inc. LG 8KL15975 WE 3537787-2008.010
eRecorded in Weld County, CO Doc Id: 3537787
021271200811 :57 A Receipt#: 7345644
Page: 11 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
WEST ONE -QUARTER CORNER AND A 2-1/2" ALUMINUM CAP STAMPED "POWERS
ELEVATION COMPANY" AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33;
THENCE ALONG THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER,
N00°37'53"W A DISTANCE OF 30.00 FEET;
THENCE N89° ₹ 3'37"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 65 AND THE
NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14, BEING TO THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET EAST
AND PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, N00°37`53"W A DISTANCE OF 2354.62 FEET, TO THE SOUTHERLY LINE
OF LOT A SAID RECORDED EXEMPTION NO. 1303-33-3-RE1939;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT A, N88°38'15"E A DISTANCE
OF 256.59 FEET, TO THE SOUTHEAST CORNER OF SAID LOT A;
THENCE ALONG THE EASTERLY LINE OF SAID LOT A, N03°53'00"W A DISTANCE OF
261.76 FEET, TO THE NORTHEAST CORNER OF SAID LOT A;
THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST ONE -QUARTER,
N89°17'40"E A DISTANCE OF 1046.06 FEET, TO THE EAST LINE OF SAID WEST ONE-
HALF OF THE SOUTHWEST ONE -QUARTER;
THENCE ALONG SAID EAST LINE, S00°33'43"E A DISTANCE OF 2617.41 FEET, TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
NORTH AND PARALLEL WITH SAID SOUTH LINE OF THE WEST ONE-HALF OF THE
SOUTHWEST ONE -QUARTER, S89°13'37"W A DISTANCE OF 1284.60 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 3,301,954 SQUARE FEET OR 75.802 ACRES.
TOGETHER WITH:
PARCEL I -2B
A PARCEL OF LAND BEING A PART OF THE EAST ONE-HALF OF THE SOUTHWEST
ONE -QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
I1
SKLD, Inc. LO SKL15975 WE 3537787-2008.011
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 12 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 33, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR S00°29'34"E A DISTANCE OF 2644.99 FEET.
MONUMENTED BY A 2-1/2" ALUMINUM CAP STAMPED "INTERMILL LS 12379" AT
THE CENTER ONE -QUARTER CORNER AND A 2" ALUMINUM CAP STAMPED "LS
25937" AT THE SOUTH ONE -QUARTER CORNER
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE -QUARTER
BEING THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 33;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER,
N00°29'34"W A DISTANCE OF 30.00 FEET, TO THE NORTHERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD 14 BEING TO THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET
NORTH AND PARALLEL WITH THE SOUTH LINE OF THE EAST ONE-HALF OF SAID
SOUTHWEST ONE -QUARTER, S89°11'18"W A DISTANCE OF 1314.63 FEET, TO THE
WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33;
THENCE ALONG SAID WEST LINE ALSO BEING THE EAST LINE OF LOT B,
RECORDED EXEMPTION NO. 1303-33-3-RE1939, RECORDED DECEMBER 27, 1996 IN
BOOK 1583 AS RECEPTION NO 2526795, N00°33'43"W A DISTANCE OF 2617.41 FEET,
TO THE NORTHWEST CORNER OF SAID EAST ONE-HALF OF THE SOUTHWEST ONE -
QUARTER OF SAID SECTION 33;
THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST ONE -QUARTER,
N89°17'40"E A DISTANCE OF 1317.78 FEET, TO THE CENTER ONE -QUARTER CORNER
OF SAID SECTION 33;
THENCE ALONG SAID EAST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 33, S0O°29'34"E A DISTANCE OF 2614.99 FEET, TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 3,443,425 SQUARE FEET OR 79.050 ACRES
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GELD, Inc. LG 8KL15975 WE 3537787-2008.012
eRecorded in Weld County, CO Doc Id: 3537787
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Page: 13 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
Exhibit B
(Exceptions)
1. Taxes and assessments for the year 2007 and subsequent years, a lien not yet due or
payable.
2. All water, water rights, or claims thereto, in, on or under the land.
3. Any existing leases or tenancies, and any and all parties claiming by, through or under
said lessees.
4. Rights of way for county roads 30 feet on either side of Section and Township lines, as
established by the Board of County Commissioners for Weld County, by the instrument
recorded October 14, 1889 in Book 86 at Page 273.
5. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with
the Weld County Clerk and Recorder as disclosed by the following instruments:
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at
Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at
Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No.
2175917.
(d) Public Service Company of Colorado recorded November 9, 1981 in Book 952 at
Reception No. 1874084.
(e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception No.
1919757.
(f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 at Reception No.
2004300.
(g) United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January
24, 1991 in Book 1288 at Reception No. 02239296.
NOTE: These Notices are general and do not necessarily give notice of underground
facilities within the subject property.
The Following Affect Parcel One (Parcel D)
6. Reservation of right of way for any ditches or canals constructed by authority of the United
States, in U.S. Patent recorded March 12, 1924 in Book 677 at Page 86.
7. An undivided 1/2 interest in all oil, gas and other mineral rights as reserved by the Federal
Land Bank of Wichita in a deed recorded May 14, 1941 in Book 1078 at Page 580 and any
interest therein or rights thereunder.
13
SKLD, Inc. LG 5KL15975 WE 3537787-2008.013
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 14 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
8. Warranty Deed by and between Creta J. Baumgartner and Colorado White Mountain
Ranch, Ltd. and Eagle Peak Farms conveying water rights, ditch rights and easements in
conjunction with the water rights recorded April 11,1990 at Reception No. 2210464 and
Warranty Deed from Dave Baumgartner recorded April 11, 1990 at Reception No.
2210466.
NOTE: Assignment of well permits and any and all interest in the Henrylyn Irrigation
District water rights recorded April 11, 1990 at Reception No. 2210467.
NOTE: Special Warranty Deed by and between Eagle Peak Farms, Ltd. and Prospect
Valley Farms, Ltd. recorded February 14, 1996 at Reception No. 2476443.
NOTE: Special Warranty Deed (Water) by and between Prospect Valley Farms, Ltd. and
PV Water Holdings LLC recorded July 20, 2004 at Reception No. 3200575.
9. An undivided 1/3 interest in all oil, gas and other minerals together with the right of ingress
and egress for mining, drilling and exploring as set forth in the Mineral Deed recorded
March 16, 1993 at Reception No. 2325186.
NOTE: Bargain and Sale Deed (Minerals) unto PV Water Holdings LLC recorded July 20,
2004 at Reception No. 3200578.
10. An undivided 1/3 interest in all oil, gas and other minerals together with the right of ingress
and egress for mining, drilling and exploring as set forth in the Mineral Deed recorded
March 19,1993 at Reception No. 2325653,
NOTE: Mineral Deed and Royalty Interest Transfer recorded October 11, 2000 at
Reception No. 2799616,
NOTE: Mineral Deed and Royalty Transfer recorded July 20, 2001 at Reception No.
2867598 and Correction recorded April 16, 2002 at Reception No. 2943617.
NOTE: Bargain and Sale Deed (Minerals) unto PV Water Holdings LLC recorded July 20,
2004 at Reception No. 3200578.
11. Terms, conditions, provisions, agreements and obligations specified under the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,
2004 at Reception No. 3191504.
NOTE: Assignment (Well Permits and Decrees) unto PV Water Holdings LLC recorded
July 20, 2004 at Reception No. 3200576.
NOTE: Agreement by and between Town of Keenesburg, CO and Resource Colorado
Water and Sanitation Metropolitan District recorded July 26, 2006 at Reception No.
3405897.
12. Terms, conditions, provisions, agreements and obligations specified under the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,
2004 at Reception No. 3191505.
NOTE: Assignment (Well Permits and Decrees) unto PV Water Holdings LLC recorded
July 20, 2004 at Reception No. 3200576.
14
S LD, Inc. LG SKL15975 WE 3537787-2008.014
eRecorded in Weld County, CO Doc Id: 3537787
02127/2008 11:57 A Receipt#: 7345644
Page: 15 of 21 lotal Fee: $160.23
Steve Moreno, Clerk and Recorder
NOTE: Agreement by and between Town of Keenesburg, CO and Resource Colorado
Water and Sanitation Metropolitan District recorded July 26, 2006 at Reception No.
3405897.
13. Terms, conditions, provisions, agreements and obligations specified under the Assignment
of Oil and Gas Leases and/or Agreements by and between Prospect Valley Farms, Ltd. and
PV Water Holdings LLC, which was recorded July 20, 2004 at Reception No. 3200579.
14. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the ALTAiACSM Land Title Survey recorded September 13, 2004 at Reception No.
3218383.
The following Affect Parcel Two (Parcel H)
15. Reservation for right of way for any ditches or canals constructed by authority of the United
States, as set forth in the U.S. Patent recorded September 12, 1916 in Book '5j at Page
Leg.
NOTE: Bargain and Sale Deed (Minerals) by and between Prospect Valley Farms, Ltd., a
Colorado limited partnership and PV Water Holdings LLC, a Colorado limited liability
company recorded July 20, 2004 at Reception No. 3200588.
16. Right of Way, whether in fee or easement only, for an electric transmission line and other
appurtenances, granted to the United States of America by the Weicker Investment
Company, a Colorado corporation by instrument recorded December 6, 1944 in Bonk 1145
at Page 353, in which the specific location of the easement is not defined.
17. Easement and right of way for a right of way 60 feet in width granted to Phillips Petroleum
Company by Weicker Investment Company in instrument recorded March 24, 1975 at
Reception No. 1656542, in which the specific location of the easement is not defined.
NOTE: Assignment and Bill of Sale of Pipeline Right -of -Way Easements and Pipelines by
and between Southmark Acquisitions and Midland Marketing Corporation recorded March
13, 1991 at Reception No. 2243725.
NOTE: Assignment of Oil and Gas Leases and /or Agreements by and between Prospect
Valley Farms, Ltd., a Colorado limited partnership and PV Water Holdings LLC, a
Colorado limited liability company recorded July 20, 2004 at Reception No. 3200589.
18. An oil and gas lease, executed by Eagle Peak Farms, Ltd. as lessor(s) and by J. Michael
McGhee as lessee(s), for a primary term, dated December 15, 1993, recorded June 15,1994
at Reception No. 2393566, and any and all assignments thereof or interests therein.
19. Right of way, whether fee or easement only, for an electric transmission line and
appurtenances, as granted to Tri-State Generation and Transmission Association, Inc. by
Prospect Valley Farms, Ltd., recorded September 16, 1999 at Reception No. 2720795, as set
forth in said instrument.
15
SKIM, Inc. LG SKL15975 WE 3537787-2008.015
eRecorded in Weld County, CO Doc Id: 3537787
02/2712008 11:57 A Receipt#: 7345644
Page: 16 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
NOTE: License given in connection with the above easement by and between Duke Energy
Field Services, Inc. and Tri-State Generation and Transmission Association, Inc. recorded
February 2, 2000 at Reception No. 2747548.
NOTE: Right of Way Easements and Licenses by and between Hei rylyn Irrigation District
and Tri-State Generation and Transmission Association, Inc. recorded March 31, 2000 at
Reception No. 2758898.
NOTE: Assignment of Oil and Gas Leases and /or Agreements by and between Prospect
Valley Farms, Ltd., a Colorado limited partnership and PV Water Holdings LLC, a
Colorado limited liability company recorded July 20, 2004 at Reception No. 3200589.
20. Terms, conditions, provisions, agreements and obligations specified under the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,
2004 at Reception No. 3191504.
NOTE: Assignment of Well Permits from Eagle Peak Farms, Ltd., a Colorado limited
partnership unto Prospect Valley Farms, Ltd., a Colorado limited partnership recorded
February 14, 1996 at Reception No. 2476436.
NOTE: Assignment (Wells Permits and Decrees) by and between Prospect Valley Farms,
Ltd., a Colorado limited partnership and PV Water Holdings LLC, a Colorado limited
liability company recorded July 20, 2004 at Reception No. 3200586.
NOTE: Agreement by and between Town of Keenesburg, CO and Resource Colorado
Water and Sanitation Metropolitan District recorded July 26, 2006 at Reception No.
3405897.
21. Terms, conditions, provisions, agreements and obligations specified under the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,
2004 at Reception No. 3191505.
NOTE: Assignment of Well Permits from Eagle Peak Farms, Ltd., a Colorado limited
partnership unto Prospect Valley Farms, Ltd., a Colorado limited partnership recorded
February 14, 1996 at Reception No. 2476436.
NOTE: Assignment (Wells Permits and. Decrees) by and between Prospect Valley Farms,
Ltd., a Colorado limited partnership and PV Water Holdings LLC, a Colorado limited
liability company recorded July 20, 2004 at Reception No. 3200586.
NOTE: Agreement by and between Town of Keenesburg, CO and Resource Colorado
Water and Sanitation Metropolitan District recorded July 26, 2006 at Reception No.
3405897.
22. Terms, conditions, provisions, agreements and obligations specified under the Special
Warranty Deed (Water) by and between Prospect Valley Farms, Ltd., a Colorado limited
liability company and PV Water Holdings LLC, a Colorado limited liability company,
which was recorded July 20, 2004 at Reception No. 3200585.
23. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the ALTA/ACSM Land Title Survey recorded September 13, 2004 at Reception No.
3218378.
16
s1CLD, Inc. LG SKL15975 WE 3537787-2008.016
eRecorded in Weld County, CO Doc Id: 3537787
02/27/2008 11:57 A Receipt#: 7345644
Page: 17 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
The Following Affect Parcel Three (Parcel I-1)
24. Reservation of right of way for any ditches or canals constructed by authority of United
States, in U.S. Patents recorded November 24, 1928 in Book 677 at Page 209.
25. Terms, agreements, provisions, conditions and obligations as contained in Agreement by
and between Frank A. Neill, Rispah A. Neill, Clarence 0. Byrnes, Annie Faye Byrnes and
H. E. Crow recorded August 13, 1951 in Book 1309 at Page 220.
26. Terms, agreements, provisions, conditions and obligations as contained in Agreement by
and between Clarence 0. Byrnes, Annie Fay Byrnes and H,E. Crow recorded August 13,
1951 in Book 1309 at Page 224.
27. An undivided 1/2 interest in and to all of the oil, gas, coal and other minerals in and under
and that may be produced from the above described land, together with the right of ingress
and egress at all times for the purpose of mining, drilling and exploring said land for oil,
gas, coal and other minerals and removing the same therefrom, as reserved by Clarence 0.
Byrnes and Annie Faye Byrnes in the Deed recorded November 28, 1951 in Book 1317 at
Page 585, and any interests therein or rights thereunder.
NOTE: Bargain and Sale Deed (Minerals) by and between Prospect Valley Farms, Ltd., a
Colorado limited partnership and PV Water Holdings LLC, a Colorado limited liability
company recorded July 20, 2004 at Reception No. 3200594.
28. An undivided 1/4 interest in and to the minerals of every kind and nature in and under said
lands, subject to the rights of ingress and egress at all times for the purpose of mining and
removing the same therefrom as reserved by Ethel R. Bobbin in the Deed recorded January
4, 1952 in Book 1320 at Page 218, and any interest therein or rights thereunder.
NOTE: Bargain and Sale Deed (Minerals) by and between Prospect Valley Farms, Ltd., a
Colorado limited partnership and PV Water Holdings LLC, a Colorado limited liability
company recorded July 20, 2004 at Reception No. 3200594.
29. Right of way easement 16.5 feet wide to construct, operate, maintain and remove
communication and other facilities as granted to The Mountain States Telephone and
Telegraph Company by instrument dated October 25, 1974, recorded November 11, 1974 in
Book 726 as Reception No. 1648284, over and across the South 16.5 feet of the North 46.5
feet of the N1/2 of the NE1/4 of Section 32, Township 2 North, Range 63 West of the 6th
P.M., which strip is South of, parallel to and abutting the South Right of Way line of
County Road Number 16.
30. Oil and gas lease between Edwin J. Byrnes, Shari Bradley, Jan Baca, Kay L. Rogers, Schell
Holloway, Pamela Porter, Larry Douglas Byrnes, Allorah Jo Byrnes, Christopher Byrnes
and G.L. Willis, Jr. and J. Michael McGhee dated January 3, 1994, recorded May 16,1994
in Book 1441 as Reception No. 02388604, and any interests therein or rights thereunder.
17
SJL➢, Inc. LG 8KL15975 AE 3537787-2008.017
eRecorded in Weld County, CO Doc Id: 3537787
02127/2008 11:57 A Receipt#: 7345644
Page: 18 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
NOTE: Assignment of Oil and Gas Leases/or Agreements by and between Prospect Valley
Farms, Ltd., a Colorado limited partnership and PV Water Holdings LLC, a Colorado
limited liability company recorded July 20, 2004 at Reception No. 3200595.
31. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J.
Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as
Reception No. 02393566, and any interests therein or rights thereunder.
NOTE: Assignment of Oil and Gas Leases/or Agreements by and between Prospect Valley
Farms, Ltd., a Colorado limited partnership and PV Water Holdings LLC, a Colorado
limited liability company recorded July 20, 2004 at Reception No. 3200595.
32. Terms, conditions, provisions, agreements and obligations specified under the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,
2004 at Reception No. 3191504.
NOTE: Assignment of Well Permits from Eagle Peak Farms, Ltd., a Colorado limited
partnership unto Prospect Valley Farms, Ltd., a Colorado limited partnership recorded
February 14, 1996 at Reception No. 2476436.
NOTE: Bargain and Sale Deed by and between Prospect Valley Farms, Ltd., a Colorado
limited partnership and PV Water Holdings LLC, a Colorado limited liability company
recorded July 20, 2004 at Reception No. 3200590.
NOTE: Assignment (Wells Permits and Decrees) by and between Prospect Valley Farms,
Ltd., a Colorado limited partnership and PV Water Holdings LLC, a Colorado limited
liability company recorded July 20, 2004 at Reception No. 3200591.
33. Terms, conditions, provisions, agreements and obligations specified under the Findings of
Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,
2004 at Reception No. 3191505.
NOTE: Assignment of Well Permits from Eagle Peak Farms, Ltd., a Colorado limited
partnership unto Prospect Valley Farms, Ltd., a Colorado limited partnership recorded
February 14, 1996 at Reception No. 2476436.
NOTE: Bargain and Sale Deed by and between Prospect Valley Farms, Ltd., a Colorado
limited partnership and PV Water Holdings LLC, a Colorado limited liability company
recorded July 20, 2004 at Reception No. 3200590.
NOTE: Assignment (Wells Permits and Decrees) by and between Prospect Valley Farms,
Ltd., a Colorado limited partnership and PV Water Holdings LLC, a Colorado limited
liability company recorded July 20, 2004 at Reception No. 3200591.
34. Terms, conditions, provisions, agreements and obligations specified under the Special
Warranty Deed (Water) by and between Prospect Valley Farms, Ltd. a Colorado limited
partnership and PV Water Holding LLC, a Colorado limited liability company, which was
recorded July 20, 2004 at Reception No. 3200590.
35. Terms, conditions, provisions, agreements and obligations specified under the Bargain and
Sale Deed (Easements) by and between Prospect valley Farms, Ltd. and PV Water Holdings
LLC, which was recorded July 20, 2004 at Reception No. 3200592.
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Steve Moreno, Clerk and Recorder
36. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the ALTA/ACSM Land Title Survey prepared by J.R. Engineering, dated December 1,
2003, revised December 29, 2003, revised January 9, 2004, June 21, 2004, June 28, 2004
and July 1, 2004 as Job No. 15006.00 recorded September 13, 2004 at Reception No.
3218386.
37. Terms, conditions, provisions, agreements and obligations specified under the Notice given
by Prairie Falcon Express Company, which was recorded January 5, 2007 at Reception No.
3445894.
The following Affect Parcel Four (Parcel 1-2A)
38. Reservations made by the Union Pacific Railway Company, in deed recorded September 30,
1907 in Book 233 at Page 117, providing substantially as follows: reserving unto the
company and its assigns all coal that may be found underneath the surface of the land herein
described and the exclusive right to prospect and mine for same, also such right-of-way and
other grounds as may appear necessary for proper working of any coal mines that may be
developed upon said premises, and for transportation of coal from same; and any and all
assignments thereof or interest therein.
39. Right of way for the Low Line Lateral as granted to the Henrylyn Irrigation District by deed
recorded November 23, 1926 in Book 814 at Page 157.
40. Reservation by the Burlington Northern Inc., successor in interest to Chicago, Burlington &
Quincy Railroad Company of all oil, coal and other minerals underlying the land, the
exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right
of ingress and egress and regress to prospect for, mine and remove oil, coal and other
minerals, as contained in deed recorded June 12, 1981 in Book 938 at Page 1860423, and
any and all assignments thereof or interests therein.
41. Notes, restrictions and easements as shown on Recorded Exemption No. 1303-33-3-
RE1939 recorded December 27, 1996 in Book 1583 at Reception No. 2526795.
42. Request for Notification of Surface Development recorded May 28, 2002 at Reception No.
2955275.
43. ALTA/ACSM Land Title Survey by instrument recorded September 13, 2004 at Reception
No. 3218381.
44. The effect of certified letter concerning Prairie Falcon Parkway Express Company, PTR by
instrument recorded January 5, 2007 at Reception No. 3445894.
The following Affect Parcel Five (Parcel I --2B)
45. Reservations made by the Union Pacific Railway Company, in deed recorded September 30,
1907 in Book 233 at Page 117, providing substantially as follows: reserving unto the
company and its assigns all coal that may be found underneath the surface of the land herein
described and the exclusive right to prospect and mine for same, also such right-of-way and
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Page: 20 of 21 Total Fee: $160.23
Steve Moreno, Clerk and Recorder
other grounds as may appear necessary for proper working of any coal mines that may be
developed upon said premises, and for transportation of coal from same; and any and all
assignments thereof or interest therein.
46. Right of way for the Low Line Lateral as granted to the Henrylyn Irrigation District by deed
recorded November 23, 1926 in Book 814 at Page 157.
47. Reservation by the Burlington Northern Inc., successor in interest to Chicago, Burlington &
Quincy Railroad Company of all oil, coal and other minerals underlying the land, the
exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right
of ingress and egress and regress to prospect for, mine and remove oil, coal and other
minerals, as contained in deed recorded June 12, 1981 in Book 938 at Page 1860423, and
any and all assignments thereof or interests therein.
48. Notes, restrictions and easements as shown on Recorded Exemption No. 1303 -33 -3 -
RE 1939 recorded December 27, 1996 in Book 1583 at Reception No. 2526795.
49. Request for Notification of Surface Development recorded May 28, 2002 at Reception No.
2955275.
50. ALTA/ACSM Land Title Survey by instrument recorded September 13, 2004 at Reception
No. 3218381.
51. The effect of certified letter concerning Prairie Falcon Parkway Express Company, PTR by
instrument recorded January 5, 2007 at Reception No. 3445894.
52. Terms, conditions, provisions, agreements and obligations specified under the Easement
Deed (Tank Site) by and between PV Water Holdings LLC and Resource Colorado Water
and Sanitation Metropolitan District, which was recorded July 26, 2006 at Reception No.
3405890.
53. Terms, conditions, provisions, agreements and obligations specified under the Easement
Deed (Tank Site) by and between Resource Colorado Water and Sanitation Metropolitan
District and the Town of Keenesburg, Colorado, which was recorded July 26, 2006 at
Reception No. 3405895.
54_ Terms, conditions, provisions, agreements and obligations specified under the Easement
Agreement, which was recorded November 1, 2007 at Reception No. 3514965.
55. Terms, conditions, provisions, agreements and obligations specified under the Special
Warranty Deed (Existing Easements), which was recorded November 1, 2007 at Reception
No. 3514966.
56. Construction Deed of Trust, Security Agreement Fixture Filing Financing Statement and
Assignment of rents and leases from PV LLC, HP Farms Holdings LLC, Prospect Farms [I
Holdings LLC and Pioneer Communities Holdings LLC, each a Colorado limited liability
company to the Public Trustee of Weld County for the benefit of Fortress Credit Corp. to
secure the indebtedness in the principal sum of $75,000,000.00, and any other amounts
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Steve Moreno, Clerk and Recorder
and/or obligations secured thereby, dated October 31, 2007 and recorded November 1, 2007
under Reception No. 3514967.
NOTE: This deed of Trust Affects the Easements Rights of Subject Property only.
57. Assignment of Leases and rents and other income recorded Novemberl, 2007 at Reception
No. 3514969.
NOTE: Correction Assignment Recorded November 13, 2007 at Reception No. 3516920.
58. Notice by Disburser recorded November 1, 2007at Reception No. 3514968.
59. Notice by Disburser recorded December 5, 2007 at Reception No. 3521880.
60. UCC Financing statement from PV LLC, a Colorado limited liability company, debtor, to
Fortress Credit Corp, secured party, recorded November 1, 2007 at Reception No. 3514970.
NOTE: UCC Financing Statement Amendment recorded December 5, 2007 at Reception
No. 3521881.
61. Terms, conditions, provisions, agreements and obligations specified under the Notice of
Irrigation, which was recorded November 1, 2007 at Reception No. 3514971.
62. Terms, conditions, provisions, agreements and obligations specified under the Easement
Deed (PV Property) by and between PV Wats Holdings LLC and PV LLC dated
February 22, 2008, which was recorded on re,ljr iary 45 , 2008 at Reception
No. . 5 57.31' 1 . J
63. Terms, conditions, provisions, agreements and obligations specified under the Covenant
Regarding New Residences Constructed Within the Lost Creek Ground Water
Management District (Weld County) executed on February 29, 2008, which was recorded
on F. -t; Anta, p7./ 45 , 2008 at Reception No. 303 7 6 i/A3
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