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Home My WebLink About20181402.tiffWilliam W. Hughes whughescwh-h.com inters, [[erich, 911torneys at .w 5401 W. 10th Street, Suite 201 Greeley, Colorado 80634-4460 Phone: (970) 352-7800 ezt. 225 Fax: (970) 352-6547 www.wintershellerichhugheslaw.com January 21, 2019 Chris Gathman Weld County Department of Planning Services cgathman@weldgov.com. RE: Wetco Farms, Inc, .USR Application 18-0001 Dear Chris: Jerry D. Winters Bradley D. Laue William W. Hughes, H Thomas E. Hellerich (1947 -- 2018) I am enclosing a copy of the Agreement between The Lower Latham Extension Ditch Company and Wetco Farms .Inc. concerning the farm property described in Weld County Planning File Number USR 18-0001. If you have any questions regarding the Use by Special Review permit matters, please let me know, as we have our meeting with the Weld County Board of County Commissioners on January 30, 2019 at 10:00 a.m. Very truly yours, William ,A-Iughes WWH:sp pc: Craig Sparrow Brett Bloom enc. M:1W 1069\00331gathman email4.docx 4459711 Pages: 1 of 18 01/14/2019 11:3Z AM R Fee:$9a.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111all KAMAVANN AkkakAiliCIONWiriki /I III AGREEMENT RECORDER'S MEMORANDUM AT THE TIME OF RECORDING, THIS DOCUMENT WAS FOUND TO SE ILLEGIBLE This Agreement (the "Agreement"), is between THE LOWER LATHAM EXTENSION DITCH COMPANY, 8209 W. 20th Street, Ste A, Greeley, CO 80634, Telephone: 970-353-6611 ("Ditch Company") and WETCO FARMS INC, address: 2055 1st Avenue, Greeley, CO 80631 ("Landowner"), and is upon the following terms: 1. Landowner is the owner of certain property described in Weld County Planning File Number USR18-0001, a copy of which is attached hereto as Exhibit A (the "Subdivision", a/k/a Weld County Assessor Parcel Number 105104000001, Account Number R4244986, being a portion of Section 4, Township 4 North, Range 63 West of the 6th P.M. in Weld County, Colorado). 2. Landowner desires to obtain approval of the Ditch Company for certain matters required by the Weld County, Colorado, Board of County Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's interests will be benefited by the granting of its approval through the terms and conditions of this Agreement. Therefore the parties acknowledge that valuable consideration exists for this Agreement among the parties. Landowner shall pay a permit fee to the Ditch Company of $10,000.00 which shall be in addition to all other fees or charges required to be paid by the Landowner to the Ditch Company under the terms of this Agreement. 3. Landowner owns assessable share(s) of the Ditch Company which have historically been used to irrigate the Subdivision for agricultural purposes. 4. The Ditch Company has an apparent easement and right-of-way for its ditch and appurtenant facilities on the Landowner's Subdivision property. Landowner recognizes and confirms said ownership of the Ditch Company. Landowner agrees to execute an easement in the form of Exhibit B attached hereto to have the Landowner confirm and convey the property rights of the Ditch Company. The easement shall be recorded at the expense of the Landowner along with this Agreement. 5. Landowner grants and confirms to the Ditch Company an exclusive easement for the Ditch Company's irrigation ditch and appurtenant facilities together with rights of ingress and egress for Ditch Company purposes over and across the Subdivision. The width of the ditch easement is 70 feet, being 35 feet on each side of the centerline, and additional easement will be required, if necessary, to obtain a 25 foot strip on each side of the ditch (from the top edge of the ditch for driving access). The easement is for the maintenance, operation, use, repair, reconstruction, replacement, inspection and construction of the ditch system of the Ditch Company together with its appurtenant facilities and includes the right to clean by mechanical, chemical or burning the ditch system, the right to deposit earth and other materials on the easement, the right to change the location of the ditch within the easement or to place the irrigation system in an enclosed pipe. The Ditch Company hereby expressly reserves an easement over and across the Subdivision for the benefit of Ditch Company, its designated successors, their contractors, employees, materialmen, and assigns for the purpose of conducting therein and thereon such work of maintenance, improvement, construction, utility installation, development, and other reasonable activities as the Ditch Company may deem necessary or desirable as described in this Agreement. Page 1 4459711 Pages,: 2 of 18 01/14/2019 lit32 amana RR ecorder, e:98.0 County, CO Carly KGPPO, 6. Landowner owns the trees on the Subdivision, and the Ditch Company is granted the full right and authority to cut, trim, remove, destroy, or modify any trees, shrubs, grasses, structures, fences or other items within the easement or causing a hazard within the easement. Landowner will not plant, place or maintain any trees, shrubs, grasses, structures, fences or other items within the easement, nor shall Landowner plant, place or maintain any trees, shrubs, grasses, structures, fences or other items in such a manner, nor shall they place or maintain fence within the easement. Gates or cattle guards that are permitted by the Ditch Company shall be installed by the Landowner in all fences so that the Ditch Company has easy passage to its ditch and facilities. The Ditch Company shall be provided keys for all locked gates without cost. 7. Landowner represents and warrants that Landowner is, on the date of execution of this Agreement, the sole owner of the Subdivision. Landowner may have lien(s) against the Subdivision, and Landowner will obtain the written consent and acceptance of all lienholders by signature on this Agreement prior to its recording. Failure to obtain such written consent and acceptance from all such lienholders shall cause Landowner to be in default under this Agreement. 8. Landowner will maintain the existing irrigation patterns on the Subdivision, and shall maintain the quality of water entering the ditch from irrigation, and from return flows and waste water runoff from irrigation, precipitation and otherwise. There shall be no change made in the rate, amount, point or type of drainage into the ditch, except as provided in this Agreement. All earthmoving or other activities on the properties undertaken by Landowner for drainage or other purposes of whatever kind or nature will be accomplished so that all return flow and waste water from irrigation will return to the ditch. Landowner agrees that there may have existed for many years underground drain lines and ditches carrying water across the properties. Landowner agrees that an easement exists for the underground drain lines and ditches and they agree to regularly maintain and repair the lines and ditches on an "as needed" basis prior to the irrigation season. In the event there is proposed or formed a drainage district under federal, state or local law or requirement, Landowner and Landowner agree to include all of the property with the boundaries of such district. 9. Landowner will not cause, permit or suffer any hazardous material, pollutant or other foreign material to be deposited or discharged into the Ditch Company's ditch or the water carried in the ditch. Landowner will immediately notify the appropriate governmental agencies and the Ditch Company of any potential or actual such deposit or discharge by any person. 10. Landowner, and Landowner's successors and assigns, hereby specifically waive all known or unknown claims, damages, rights of indemnity, rights of contribution or other rights of any kind or nature for claims, damages, actions, judgments or executions that have arisen or may arise out of the maintenance, operation or use of the Ditch Company's ditch and easement, including, but not limited to: flooding due to overflow or breach of the Ditch Company's ditch; washing or erosion of the ditch bank; cleaning of the ditch and easement by any means including but not limited to burning or chemical means; and excavation of the ditch and storage of trash and residue. Landowner, and Landowner's successors and assigns, hereby agree to indemnify the Ditch Company, its directors, officers and stockholders against any loss from any claims, demands or actions that may hereafter be brought against any of them as a consequence of this Agreement or concerning any of Page 2 5 4458711 Pages: 3 of 18 01/14/2019 11:32 AM R Fee:$98.00 Carly Kcppes, Clerk and Recorder, Weld County, CO Ell1 ",rl " 1vl I Y6�uJ4'I itt tiM lil Ali Li 1111il the provisions of this Agreement, 11. In any action brought by the Ditch Company to enforce the provisions hereof, whether legal or equitable, and/or in any action involving Ditch Company and Landowner or any successor of Landowner whether to enforce the provisions of this Agreement or otherwise, the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court. Venue for all actions shall be in Weld County District Court. 12. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 13. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Landowner and the Ditch Company. The provisions hereof shall constitute covenants running with the land, burdening and benefiting each and every part of the properties and every interest therein. In addition, the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. This Agreement affects the property and title of the Subdivision, and this Agreement shall be recorded at the expense of Landowner, and after recording, the terms, conditions and covenants of this Agreement shall become a covenant running with the land of the Subdivision. This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be enforceable by the Ditch Company or any of its shareholders, or both the Ditch Company and any of its shareholders. 14. The provisions hereof shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. Whenever used in this Agreement, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. This Agreement shall be construed under the law of the State of Colorado. Time is of the essence of this Agreement. 15. The following notes shall be inserted by the Landowner onto the permanent Subdivision covenants or Subdivision plat or both the covenants and the plat: A. The Lower Latham Extension Ditch Company has the authority to cut and remove trees within its right of way and it is acknowledged by the owners of the property in the Subdivision that the Lower Latham Extension Ditch Company will, at an appropriate time, remove any and all such trees on the property. The owners of the property in the Subdivision acknowledge that the property owners and successor owners may not plant or otherwise landscape the ditch right of way. The Lower Latham Extension Ditch Company also has the authority to install and maintain a road along each ditch bank for its purposes. B, The property owners may not place any trail, path or fence within the ditch right of way, and particularly across the right of way; and the property owners shall not to install any gates or fences near the Lower Latham Extension Ditch Company right of way without the prior written approval of the Lower Latham Extension Ditch Company. Any fences approved by the Lower Latham Extension Ditch Company along the ditch easement must be stock -proof and fireproof to prevent damage by humans and livestock and other sources to the ditch. There will not be permitted Page 3 4459711 Pages: 4 of 18 01/14/2019 11:32 A11 R Fec:$90.00 Carly Koppel, Clerk and Reoorder, Weld County, CO any livestock watering in the ditch. Cattle guards instead of gates shall be utilized instead of gates. C. The property owners acknowledge and understand that there may be subsurface waters that arise in the area of this Subdivision development and that there are periods of time when, due to water flowing within the ditch system and otherwise, that portions of the property receive significant amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this problem, the utility of certain portions of the property for construction of structures could potentially be unavailable. The Lower Latham Extension Ditch. Company has no plans to alter its operations as it would cure this surface and subsurface water issue. D. The property owners shall maintain the irrigation and drainage patterns existing on the date of recording of the plat so that the quality of water entering the ditch from irrigation and from precipitation and other sources shall be maintained, and so that there is no change in rate, amount, point or type of drainage into the ditches that will occur. The property owners shall monitor and identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any such deposit in the ditch system, E. The property owners acknowledge that: 1) No livestock watering, swimming, tubing, canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse, including but not limited to household garbage, waste materials, grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for lawn or other irrigation are allowed in the ditch; 4) No use of the ditch easement for vehicles, hiking, biking, horseback, motorcycle, off road vehicles or other motorized or non -motorized vehicle shall be allowed. F. No crossings of the Lower Latham Extension ditch are permitted without the prior written consent of the Lower Latham Extension Ditch Company and compliance with the rules, regulations and requirements of the Lower Latham Extension Ditch Company. 16. Permitted Construction within the Ditch Easement. 16.1. Landowner at its sole expense shall be permitted to place a storm sewer pipe under the existing irrigation canal known as the "Lower Latham Extension Ditch." Landowner shall construct at its sole expense, the structures in accordance with the engineering plan dated October 12, 2018, and is hereby incorporated herein as though set forth in full verbatim. Landowner at its sole expense shall be permitted to place a vehicle bridge over the existing irrigation canal known as the "Lower Latham Extension Ditch." Landowner shall construct at its sole expense, the structures in accordance with the engineering plan dated September 28, 2018, and is hereby incorporated herein as though set forth in full verbatim. The rights granted in this Permit are subordinate to the rights of the Ditch Company and to the rights granted by the Ditch Company to any prior permittee or licensee on the Subdivision. Landowner shall comply with all federal, state and local laws, rules and regulations applicable to the project. No structure, including without limitation the Facilities, shall be placed upon the right of way of the Ditch of the Ditch Company, and all parts of the Underground Facilities shall be maintained below the Ditch at such a depth so as not to interfere in any manner with the Ditch Company's operation, maintenance, dredging or other use of its Ditch, and shall be not less than one hundred twenty inches below the bottom of the Ditch. All underground crossings of the Ditch must be by boring and not by cutting of the Ditch; and no boring of the Ditch will be permitted at any time there is water in the Ditch. Any underground Facility shall be installed such that a minimum often foot horizontal clearance for the parallel portion of the encroachment, and a minimum one hundred Page 4 4459711 Pages: 5 of 18 01/14/2019 11:32 AM R Fee:$98.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill IE1`1Cf+��L'W�iY��'I' N�FI1h Wyh UI II I twenty inch vertical clearance when crossing the Ditch are maintained. Further, durable markers such as Carsonite® posts or equivalent shall be placed where the licensed Facility enters and departs the Premises and at all points of change in direction of the licensed facility. If said markers cannot practically be set over the centerline of the licensed Facility because of roadways or similar obstructions on the surface, markers shall be placed as closely as practicable to said centerline. Such markers shall have a placard affixed, bearing the legend, "Marker is not over underground facility," or equivalent. All bore logs and an "as built" map of the Facilities and the ditch will be provided to the Ditch Company within thirty days after completion of the bore. 16.2. The grant of the Permit does not prohibit the Ditch Company from enlarging, removing, relocating, accessing or otherwise dealing with its Ditch system, and if such Ditch or Ditch facility is removed, relocated, changed or otherwise altered, the Landowner will replace the Facilities, at the Landowner's sole expense, so as not to interfere with the Ditch or Ditch facility as altered, changed, repaired or relocated. All uses of Landowner under the Permit shall be subordinate to the rights of the Ditch Company in its property, easement and right of way. 16.3. (a) (i) As used in this Permit, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. (ii) As used in this Permit, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) any consequential or other damages. (b) To the extent permitted by law, Landowner covenants and agrees to at all times protect, indemnify, hold harmless, and defend the Ditch Company, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this Permit; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the facilities of Landowner on the Premises; or (3) Landowner's or any other person's presence at the Premises as a result of or related to this Permit. (c) Landowner's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of Landowner or its contractors, subcontractors, or their employees; (ii) Claims arising from, or alleged to be arising in any way from, the existence at or near the Premises of water and ditches or other associated facilities; or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of Landowner, its sublessees, invitees, agents, or employees. 16.4. The construction as described in the Agreement shall not be commenced prior to October 15, 2018. And shall be completed on or before March 15, 2019. Without the Ditch Company's prior written consent, between March 15 and October 15 of any year Landowner shall not be allowed to prosecute any construction of such Facilities. Further, Landowner shall assure that any portion of the Ditch that is affected by Landowner's construction activities will be ready to carry Page 5 4459711 Pages: 6 of 18 tarty )2019 1CLer AM R Frd:$9&.00 water by March 15, or such later date as Ditch Company shall specify in writing. Landowner shall coordinate all such construction with the Ditch Company. No placement of any improvement within the Premises by any person shall be permitted by Landowner except in accordance with this Agreement. No repair or maintenance of the Facilities by Landowner shall be done at such times or in such manner so as to interfere with the Grantor's operation or maintenance of its Ditch. Installation, repair and maintenance of the Facilities shall be entirely without cost to the Ditch Company. Landowner shall return the Ditch to its condition prior to installation of the Facilities and shall take all necessary measures to stop any seepage from the Ditch. Any damage done to the Premises, to Ditch Company's Ditch and/or other facilities as a result of the construction, operation, maintenance, repair, inspection, removal, replacement or relocation of the Landowner's Facilities shall be paid for or repaired at the expense of the Landowner. Landowner shall neither permit nor suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the Premises for any work done or material furnished thereon at the instance or request or on behalf of Landowner. Landowner shall indemnify and hold harmless Grantor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. 16.5. The Ditch Company shall have the right (but not the duty) at all times during the construction to inspect the facilities and shall give its approval before any pipe or other underground facility is covered and the structures are completed. The Ditch Company must give its prior approval of the placement of said structures and of all the appurtenances thereto. 16.6. Landowner agrees, to provide the Ditch Company any additional easement for the purposes of maintenance, operation and use of the irrigation ditch or other Ditch Company facilities across or on Landowner's property, which easement shall be in addition to the easements as shown on the Subdivision plat. Landowner shall make, execute and deliver to Ditch Company a perpetual easement over and across such lands for the ditch easements on the form attached hereto as Exhibit "B". Said easements shall be recorded at Landowner's expense, and Landowner shall furnish Ditch Company proof of title by standard title commitment. 16.7, Landowner shall promptly pay all reasonable costs, expenses, attorney fees or other sums incurred by the Ditch Company as a result of this construction project and for any inspection of the completed facilities if such amounts exceed the sum in Section 2. Landowner shall promptly pay all reasonable costs, expenses, attorney fees or other sums incurred by the Ditch Company for any conduct of such Landowner, its agents, contractors, engineers, and employees subsequent to the date of this Agreement. 16.8. The maintenance obligations of the Landowner set forth above shall be guaranteed by the Landowner as follows: In the event the Landowner fails to properly maintain the storm sewer pipe and the vehicle bridge and appurtenant facilities under or over the Ditch Company's ditch and right-of-way as set forth above, the Ditch Company shall have the right to so notify the Landowner in writing. Said notice shall be given by first class mailed at the last known address of the Landowner. Said notice shall be deemed received three days after deposit in the U.S. Mails. In the event proper maintenance has not been commenced within thirty days after receipt, or, once commenced, is not diligently Page 6 4459711 Pages: 7 of 18 01/14/2019 11:32 AM R Fee:$98.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■1111 11' +�l +Ili' 'l f dill*VW h ii ii pursued until completion, the Ditch Company may undertake to do the necessary maintenance. The actual costs incurred by the Ditch Company for such maintenance shall become liens against the Subdivision property by recording notice thereof with the Weld County Clerk and Recorder. Said liens may be foreclosed in the manner provided for foreclosure of judgment liens under the laws of the State of Colorado. Ditch Company shall be entitled to recover its actual costs and attorneys' fees incurred in filing and foreclosing on any such liens. 16.9. The parties acknowledge that each party has an obligation to act in good faith regarding exercising the rights and obligations set forth in this section. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the a7 *Lday of December, 2018. WETCO FA S INC.' Landowner, by President STATE OF COLORADO COUNTY OF WELD ) ss. The foregoing was acknowledged before me this „J.? day of December, 2018, by Craig R. Sparrow, President, WETCO FARMS INC., a Colorado corporation, as Landowner. Witness my hand and official seal. My co SALLY PIEDALUE mission ekbityPubli State MOWN/ ID # 199440 7399 M Commiseion Ex•ires 10-24-2022 Notary Public INSERT PLANS APPROVED BY LOWER LATHAM EXTENSION DITCH COMPANY HERE Page 7 4459711 Pages: 8 of 18 01/14/2019 11:32 A19 R Fee:$98.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■iii c N T II III THE LOWER LATHAM EXTENSION DITCH COMPANY, a Colorado mutual irrigation company By ei„Ly' President —Car L. genreder STATE OF COLORADO ss. COUNTY OF WELD ,rsb iambi The foregoing was acknowledged before me this ID day of Deeember, 2012, by Carl L. Hergenreder, as President of The Lower Latham Extension Ditch Company, a Colorado mutual irrigation company. Witness my hand and official seal. My commission expires: c4a/14-4 Notary Public Page 8 Danielle Hall-Lidm rit Notary Public State of Colorado Notary ID 19994035612 My Commission Expires January 02, 2020 4459711 Pages: 9 of 18 r 01/14/2019 11:32 RM R Fee:$98,00 Carly Koppes, Clerk and Recorder, Weld County, CO ■N! WIN 1.15INIINIVIttialivill III EXHIBIT COPY OF SUBDIVISION PLAT Water, 8212'5 ';rsa="-VI 35,1-45+,Wea,MMI18,,3VI ,r,..5F'g, Owed COASS, isyllll.Q 3t+f,r�n+,, ipq Ii ri. ,EikwtsAet? 1nx,,,A,Ain e/ly RIP.+A(iI `0. IEre en.0, C. 114 ru,thl +Ime<en S!'n m+A m3' h ryripe1p;t[en;;4. +ntA.w a4m.se +nlrUa .1", IX 15:1(.11 i Ft'.15F!r VA 1dA •11!L.t'l Page 1 4459711 Pages: 10 of 18 01/14/2019 11:32 AM R Fee:$9&.00 Carly Kopaes. Clerk and Recorder, Wald County, CO �lll NrafAlltgiihka4CIMM Mak III III EXHIBIT "B" EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into as of the day of December, 2018, by and between WETCO FARMS INC, address: 2055 1st Avenue, Greeley, CO 80631, hereinafter called "Grantor" (whether grammatically singular or plural), and The Lower Latham Extension Ditch Company, 8209 W. 20th Street, Ste A, Greeley, CO 80634, Telephone: 970-353-6611, hereinafter called the "Company." For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Company, its successors and assigns, the sole, exclusive and permanent right to enter, re-enter, occupy and use the hereinafter described property to construct, reconstruct, inspect, upgrade, increase size or capacity, operate, repair, maintain, replace, remove and operate one or more open irrigation ditches and/or pipelines and/or reservoirs for the storage, transmission, distribution and service of irrigation water, and all above ground and underground and service appurtenances thereto, including metering stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over, across, under and upon the following described land, situate in the County of Weld, State of Colorado, to - wit: The W 1/2 of Section 4 in Township 4 North, Range 63 West of the 6th P.M., and that part of the East half of said Section 4 described as follows: BEGINNING at a point 2,159 feet West of the Northeast corner of said Section; thence South 5,417 feet to the South line of said Section; thence West to the center of said Section; thence North to the North line of said Section; thence East to the PLACE OF BEGINNING. The easement and right of way for the ditch shall be 70 feet wide, being 35 feet on each side of the center line, or 25 feet from the level portion at the top of the ditch on each side, whichever is greater. Grantor further grants to the Company: (a) The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside of the easement to the extent as the Company may find reasonably necessary; (b) The right to support the ditches and pipelines across ravines and water courses with such structures as Company shall deem necessary; (c) The right of ingress to and egress from the easement over and across all of the land of Grantor by means of roads and lanes thereon, if such exists, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; (d) The right of grading for, constructing, maintaining and using such roads on and across the lands as the Company may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (e) The right to install, maintain and use gates and/or cattle guards in all fences which now cross or shall hereafter cross the easement; (f) The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or Pagel 4459711 Pages: 11 of 18 01/14/2019 11:32 AM R Fee:$9$.00 Carly Koppas, Clerk and Recorder, Wald �lll FAN L'�t ��l � �� `hr +�i�5I County, Aliti 11111 other locations which will not interfere with any reasonable use Grantor shall make of the easement; (g) All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. GRANTOR HEREBY COVENANTS AND AGREES: (a) That Grantor shall not erect or place any permanent building, structure, improvement, fence or tree on the described easement, and the Company shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items. (b) Grantor shall not diminish the ground cover in the easement or over any water lines and shall not substantially add to the ground cover in the easement or over the water lines or their appurtenances. (c) Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over said property without the written consent of the Company. (d) Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatsoever character, except the following: those of record. IT IS MUTUALLY AGREED BY THE PARTIES: (a) Grantor reserves all oil, gas and other minerals in, on and under the above -described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the Company. (b) Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor. GRANTOR—WETCO FARMS INC., a Colorado corporation f.� Craig R. Sparrow, P sident STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 4,77,-1) day of December, 2018, by Craig R. Sparrow as President of WETCO FARMS INC., a Colorado corporation, as Grantor. Witness my hand and official seal. My commission expires: /o/de/Ag. a, SALLY PIEDALUE Notary Public State of Colorado Notary i D 419944017399 My Commission Expires 10-24-2022 Notary Public Page 2 Ea [�4$,$T wsF.alaO$S.ln5w�A+MNo 4610 4605 46Q0 4595 4590 4585 4580 4576 M F F ti 4 n pl 4 Di 0 i AGie')i�euisv�t fFS5 ROAD 57A (+7442 a S ^8..t t.28 I EXISTING ACCESS ROAD O A N ...---,---- ° n .'_"of x�. ` , .. '77.7.'—',..`,` .• ^:N%\ 4588' 4585 -: 4583 54 i / f 1 REV War by MINIONS• a 116154611 CAC. ICa'L'EnF`RAPPRMW. WESTERN EQUIPMENT AND TRUCK CO. n'� g TRUCK SALES AND SERVICE FACILITY UINTAll LOWER LA TEAM DITCH EXTENSION DITCH L wwr`MMa�r.•`.�•• •wrrMr:rs SEC. J TT4 , RR63W, 671E P.M. 655;:i'a0EuA.Ywd,LT{E6)R ' g 4; alf,f49�IPlsIi<CY.FWAyiM+l''''' my - ��{��;(Ce y `�r�,�y `�y'p COMMA) M.a4.�lOs. .3tA'F )A IP.r 0K �f `.p:- 3'3: MUI4 „' CAIMF.AWIROW nF.tTWf gSW?Xlb lgrMlR,. AdwMM05WOCO O. 1 FREY Dhlt ELARIE RE Ft 11 MEONS• reSIIEOFoe RiNSVF AIOVEG IAFATION WESTERN EQUIPMENT &'TRUCK CO., INC:' TRUCK SALES AND SERVICE CENTER IRRIGATION DITCH CROSSING SSC. a, T4N, R63W, 6TH P.M. UNTE.COWRe(DO__ ay.zwlt •s► I R��LANTw�u� siH 0.0, zuk Void CJFedora a 415,R9J017 mw.�.a.n�yp.rnm -�.� Ow'A -` '4 CIE o w" to a {JW W 1i ZIQ wr MI ant 9 ur to ECO W. 0 0 • ONCE tREt. • ESRF:ENNeW oonFeuM+.11...4en$ X4'iys Tees e4... WM.NIMi.lCriwNlp A --I m z m C7 O zz C ©z z ra z a.� m_ 0 O z O rn (• 03 I 0) m m z O m x LI+ H. ill • N C Z n • m 0)0 rC m"• 0 z m Q z cn • 90 m� 0 m z7 m �0 REV BATE, by REVIs10R3 E -Q0.t1.18 1..K Issl EDIVI RZVIZN FOJE.11 -F.R. AIOVEDLOCA7MA,Y WESTERN EQUIPMENT & TRUCK CO., INC. TRUCK SALES AND SERVICE. CENTER IRRIGATION h:TCII CROSSING SEC. I. TIN, ,��{563W. 6711 P.31. w[.n e.•• Ms....*,** yes aaua iw Va. V.A. MVO). 0: af.Ta9.lorr wr.w.eim.Alywgiwn • SINCE 19(E MINER ▪ tk 1• o IPPII .-8 6 n1� as Is)al In D(a CD 7tl 4 1b fa? 06 to u•�0, fim M2 rte. C EOM 0.0,14.1* e9'iP rntlkerµv'f:a8 TN3bW a C.Varae,w+,eM P REV 16 02.75.3 11 09.2$.511 i.R. F.R. 1 ANA, FOR RIFTS," , MOVIOfOCATICti • WESTERN EQUIPMENT & TRUCK CO., INC. TRUCK SALES AND SERVECE'CENTER . IRRIGATIONWWII CROSSING SEC. 4. TON, WYE. 6TH P.M, • u�r�r.4H &f 0m62,1000.. v,nc2, [ftslo7t • P.4is,769.W27 rrnrrubu3 *corn -SINCE OM,: CAnt: Imes 44.; 54 uG4.M. 'MICK SALES AND SERVICE CENTER IRRIGATION DITCH CROSSING SEC, 4, ,T4N, RCM, 67H P.M, T C r . issoaa wo fn v<m.iu1 ckara 0:4)5,789,19171 Kw.w.u5wbwouptam _III Vat to kk. m 6, 5 MI in -1 fl r+ ?v-00 a� �5R C gwiirr 4 ' 4459711 Pages: 17 of 18 91/14/2019 11:32 AM R Fee:$98.00 Carly Koppes, Clerk and Recorder, Weld County. CO OPiE III III 1'X1" PREFORMED FLEXIBLE SEALANT OR PRELUBRICATED GASKET 4" EXTERIOR ," SURFACE • }AM0R BOTTOM SLAB THICKNESS = Tb CROSS SECTION VIEW INTERIOR SURFACE Y2" MAX. GAP BELL & SPIGOT SINGLE OFFSET STYLE JOINT DETAIL • 4X2' TI�RU 12'X12' " ,ASTfA "C1433 & Cl577. •TOP_5i:AB ..1HIBKNESS • COO[dcastle Precast* Southern California Fontana b Lakeside ■ Perms *San Diego • Santa Paula Phone: 600-826-3660 fax: 877.7$7-0750 BOX CULVERT FILE NAME: O7O8OXCULVERTSC.DWG REVISED: Jan -18 www.okicastleprecast.com BOX CULVERT SINGLE CELL STORM DRAIN Copyright O 2018 Oldcastle Precast, Inc: y 4459711 Pages: 18 of 18 01/14/2019 11:32 AM R Fee:$98,00 Carly KocPas, Clerk and Recorder, Weld County, CO SD -12.1 • • BOX CULVERT . 4 SPECIAL. DESIGNS SPAN •FT. • RISE FT. • WALL IN. • HAUNCH' IN: , . LENGTH FT;• WEIGHT-LBS. WATER AREA FT. SQ. EQUIV DIA. IN • If Tw , Tti , • . 4'. •.'.: . 2' '• 8",. • 5"* 6"*'' . . 8" .- ' :6' '.7;860 . -', 7.1 36.1• 4. 3, .. 8 . 6'* ' • 6"* ' ..- 8, '. 6' ` .. 8,760. 11:1: '• 45.1: '. ' 4' ' ' • : •. 4' .• •. 8" .- . 6"*'. . 6" . 8" . 5' .' . • "9,660.: . - 15.1 . ' . • 52.6- : .5' • .2'.' 8":,: -6"* ..7":'.•,'., .8" 8' .. , ,9,360'•'." ::9.1,.• :.4O.9' ... 5' •' 3'... 4' .. 8�. 8". 6"� : .7". 8" ..6'..: }0;260 : 14.1 .: " 50.9 ' • 5`. 6"* , '7". • ... B" : 6' .: 11;160' 1..:9.1 ' 59.2; .. • , 5'.: , , . , ..5' •' • . 8" .. . 6"* ..'.'7". . ••••• . 8" . '' . ' ` 6'. ' . , t2,060. :. 24.1' :.' 66.5 ' •:6' :' • .. 2' : ..B" .. 8" . 8"8„ • .• . : 6':' ' . 1,2,600... • 11:1 .45.1' : ': 6`' ' ' .3' :, ' • ..8a .: • g" : :.8". 8" , •... 6'.. • `. ' ,.3;200 , ' : ' 17.1' • 56.0 .: 6.'' .: '4' . 8" • . 8" .8" . " : .8" .. • 6''' -1'4,400 •:. '.23.1 .•• 65.1 - .. 6'.: 5' "., . • : 8" 8" ' =6, :• • .6, . • ..8" : 8" '. '8."' :::"18"".: •.;' ; •'S':• .. .'16,800:., =,•"35.1 •, ' ' 89.2.., ": ......49..;& ' • 7.. .-2'' .8".. "8", 8'',' `. • 8" • : '.: 6' 13,200. • ..1.11 ' ' 7 , •, ':3' ' .8" .:8":, :8*: , ,.8",.', :.: : :,6' . • 14,400' .. •,20,1 60.7 .. .' 4, .. $ " .8•8„...: 6',.:. : •..• 15;600 .. .... 27.1 .,•.• " ' 70.5. ' ' .7' ` ,' 5' .', 8... 8"•• 8".:. .' : $ .• .• ... 5''' ...":.; 16;800: '.:.. 3'4.1 ••'. •• 79.1,: .' :. B6.$ ',. =.7.'. 6" 8T.. 8" : •8".. .,8' , ':6' • , : .18,000' • . 41'.1 : 7 ,:. 8"•..., . 8 8" :' , ... .: • 8' ......19,200 :.: •.:4811 ..• :..93.9 ., .8 ,: "..:'..r2'. '8"' ...,'8" . : 8"•..:. ' 8" 6'. 14,400:: -154. 52.,6:.. . • •.'.'.:,8",....,.. "'3' ' 8".-,.' ...8'!. • 'E1a' •, , 8"',"•6'.'• . 15,600 . 23:.1•:' . • '55,1 • : • 8" •' 4' ; ' 8" .. ;. • 8" 87 8,, .. .61.6:800:: ..'31:1 ' , .:. 75.5. ', • 8' • '5° •8t' .• .. 8" '". 8" .; 8". .. ,'6' . ''18;000` ' 39..1 84.7:':.. ...8",. • 6.. • .. 8"... :.•8" 8" .• •. ••'8" :. . 5' 19,200 X47.1 .92.9 •: s8'. ., :T' ' 8" ., .'8" . ' . 8"', . '• 8",. • 6'. 29,400/ ',' ::.• 511 ..7 . 100.5 . .:B' - 8`. 8":....8",. ,8k. •B%.1•.. :8'' 21;$00.. ,63:1' :1.07,6< .. `..9f' • - 3� 9» - 91' ,: 9: .4 ' :: ,9 • • 9 9 12" •-•.: •.•:6 ' 21,360, ,,34:0 79:0r.•''.' .,• : ,9°':.. 5" 9", • 9' 9"•. .- , 12" .. ' 6 . : 22,740 ': ,, ; 43:0 . . ' 88.8: •, . '.:9,'.:..: ..' 6t• . 9", :9" : , 9" ' .., 12". •,••6'.. . .'24,060:,: ':.52.{1.•.. •:-. 9.7.'6:::: 7'. : _• 9".' :.:S".., '•8». :,•,12";... :,: •6,. , .:,,.:•25,440 • : ,'.61:0. . : 195'.8''z :' 9' ' ' ':, ,,8'. .. • ..9k.. 9" . 9", • • 12" - •, 6. ' .• .26,75D' 70:0•:.. ' 113:3•... STANDARD• DESIE • 9' '.•. '• 9'.•• ': ` '9" :. . 9". •' .9'.'.' ' 17" • ; 6'., 28,140' • ', no- -. . .120.4 '-' ' 10' , '- ' 3' .• ': 10" ' :10". `10" • 12" • .'. 12"• .. : , 6'.•. 6' , .:. ' :23,820......=.28.0 ." •:"..71.7, • .:' 10', , : , . ; 4' . . .1 D" ' t 0" • i 0", •' .. ,.. 25,320 ... . 38.0 , • 83.5. . . .,t.'. ,• 5' ..: 10' ' ' 10" . 1D" . " '12" • .. • 6' 28;820 • 48,0 ` ' •• 93.8' • 0' 6' .: .10" ' 10" 1D" 12" 6' 28,320 . 58:0 • ' • 1.03.1 . .. '. 10'• ' • . . 7'- . . ' 10" ' 10" . 10" ` 12" • ' '6' ' 29,820 • • : 68.0.: • .11'1 :7 ,. 10' '.. B' • : ' . 10" 10". 10" • 12" • ' 6' ' ' 31,320 . 78.0 ' . 11.9:6 10' . . 9' '10" 10" 10" • 12" 6' 32,820 . 88.0 •127.0 10' • 10'' . 10°' 10" 10" 12" 6' ' 34,320 ' • 98.0. 134.0 . 1t' • •3' 11" 11" 11" 12" 6' 27,900 31.0 . 75.4 11' 4' 11" 11" 11" 12" 6' 29,580 42.0 87:8 11' ' 5' 11" 11" 11" 12" 6' 31,200 53.0 98.6 11' 6' 11" 11" 11" 12" 6' 32,880 64,0 108.3 11' 7' 11" 11" 11" 12" 6' 34,500 75.D 117.3 11' 8' 11" 11" 11" 12" 6' 36,180 86,0 125.6 11' 9' 11" 11" 11" 12" 6' 37,800 97.D 133.4 11' 10' 11" 11" 11" 12" 6' 39,480 108,0 140.7 11' 11' 11" 11" 11'� 12" 6' 41,100 119.0 147.7 12' 3' 12" 12" 12" 12" 6' 32,400 34.0 79.0 12' 4' 12" 12" 12" 12" 6' 34,200 46.0 91,8 12' 5' 12" 12" 12" 12" 6' 36,000 58.0 103,1 12' 6' 12" 12" 12" 12" 6' 37,800 70.0 113.3 12' 7' 12" 12" 12" 12" 6' 39,600 82.0 122.6 12' 8' 12" 12" 12" 12" 6' 41,400 94.0 131.3 12' 9' 12" 12" 12" 12" 6' 43,200 106.0 139.4 12' 10' 12" 12" 12" 12" 6' 45,090 118,0 147.1 12' 11' 12" 12" 12" 12" 6' 46.800 130.0 154.4 12' 12' 12" 12" 12" 12" 6' 45,609 142.0 161.4 MINIMUM WALL THICKNESS IS 8" WHEN USING GASKET JOINTS Oldcastle Precast" Southern California Fontana • Lakeside ■ Perris • San Diego • Santa Paula Phone: 800-62S-SB6D Fax: 877.797-U75O BOX CULVERT FILE NAME: 070BOXCULVERTSC.DWG REVISED: Jon -18 ww1lv.oldcastleprecast.coin BOX CULVERT SINGLE CELL STORM DRAIN Copyright © 2018 OldcastleRecast, Inc' Reception No.__1661739 Reception No._1692710 Reception No.___1697749_ Reception No. _1952003 Reception No. 2087001 _ Reception No. 2171787 Reception No. 2717943 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPT. OF PLANNING SERVICES The _ NORTH AMERICAN TITLE COMPANY 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: The West % of Section 4 in Township 4 North, Range 63 West of the 6th P.M., and that part of the East half of said Section 4, described as follows: Beginning at a point 2,159 feet West of the Northwest corner of said Section; thence South 5,417 feet to the South line of said Section; thence West to the Center of said Section; thence North to the North line of said Section; thence East to the Place of Beginning_ County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): , Book 740 , Book 771 , Book 776 , Book 1017 , Book 1144 , Book 1225 Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of NORTH AMERICAN TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness whereof NORTH AMERICAN TITLE COMPANY, has caused this certificate to be signed by its proper officer this 9th day of October 2017, at Denver, Colorado. Compan By: an Title Company Title Officer uthorized : ignature robj ( R.corded aG........_Y_�p_.»�..a'r.]odc�ll_�.-.l[-, _.».WIIy..i7ZS ,4. P 740 q blsf3 z. LEE SEH Rseeption No. ..... _ ....3___...� ... ........ - ._.._._.___M.. R.rder. CAUL CROISSANT Aili) HAZEL A. CROISSANT,hie wire ROLAND J.CROISSA!IT and EMMA A.CROISSAHT,his wile REINHOLD C.CRDISSAST and ALVINA CROISSANT,hia ife 1 HAROLD CROISSANT and RUTH CROISSANT, his wife whose address is State 1D��c��curuuacy 1",e a. County of Weld , State of Dale_.�?MI?,��___. o+ Colorado , for the consideration of other 1.'4 p� r- • valuable consideration and TEN-- • dollars, in hand paid, hereby eell(e) and.convey(s) to C-1 FRED O. GIBBS and JOHN D. PEARSON a whose address is County of • trs C.1 Held Colorado" , and State of the following nmIproperty hi the .ae o n o Couf:ty of Weldand State of Colorado, to wit: o n The West Half (:•11/2) of Section roar (4) in Township Four (4) North, •o of Range Sixty-three (63) West of the 6th P.M., and that part of the East Half (E1/2) of said. Section tl described as follows; Beginning ra at a point 2159 feet West of the northeast corner of said Section; ! thence South 5417 feet to the South line of said Section; thence Iles to the center of said Section; thence North to the North line of sal - Section; thence East to the place of beginning, together with one (1 share of the Lower Latham Reservoir Co„ two (2) shares of the Lower Latham Ditch:Co., and one (1) share of the Lower Latham Extension Ditch Co., and one (I) irrigation well,including pumping machinery. Said well having been registered and adjudicated under No. W-955, Weld County -Water District Ho. 1. RESERVING unto Grantors an undivi ed 3/4 interest in and to all, oil, gas and other minerals underlying se d. land, with right' of Ingress and- egress to prospect for and remove.th same. with al! its appurtenances, and warrant(a) the title to the same, eubject to rightn of way fot' roads, ditches, pipelines and utility lines of record; oil and gas leases of record; 1974 taxes payable in 1975 and reservations, con- ditions and limitations if any of record. Signed this 4'D , - '(' day of ttlroh r -e- ,1- 10 75 - � yhL r.� F✓'..1-: ti.s1.J YJ H STATE OF COLORADO, Ise LA1 r/ r't J. (':t- --e.= ,.' County of Weld ,,ThAge going instrument was acknowledged before me thin `9--' - ape RE ij X77 , 1a75 , by Roland 3 • Croissant and Emma A. '�y� qVt sant`,,h s wi e, and Harold Croissant and Ruth Croissant, his wif 4_. Iaslo�p expires and each of them. - ; low Fob. 1W7 .• SCYi��y !land and official sea). my Casnmt�bu 9 LiGlo ' Now, ruhllo taa,ai.dp•lr.f. It by netarel gtt.n, or p.rsoa. betaeIo.ert .o... nr v . - If 6 person . -a.r laprs+.pr ...1 L1 . or lltP- II. If bfaroipt f�y�orof rontro,- IL.. than toOn n.r r ... wk officer or . am 11k... lor Pte p r bleat. w etherorricr-ls-rsol or Tiles of sum oor.tlaa .mfrs It. �' ° e wr, Ne, 017. rl.,r..tY m -4 —AL.,. r.. —6.r_ 114E -EL C.!$ INs-Hndtee I` VII Slat Co. OW411 chat el• ork ]1060, SKLD, Inc. NA SKL13322 wE 1661739-1975.001 M .1 �. SELL), Inc. NA SKL13322 WE 1661739-1975.002 Th foregoing instrument was acknowledged before'nie this day of , 1975. by Paul Croissant and Hazel A. Croissant, and Reinhold C. Croissant and Alvina Croissant, his wire. and them. is /-I ✓/7 My conmilssion expires: . a„my hand and official seal. • e N �p n-.......JUL--11916 n. re.. .... at._,..._~ ...........jQ*O *t1io ��'1, Made tide one thousand nine hundred end Seventy-six between FRED 0. GIBBS and gartspe . City or Town of . and of the County of Weld and Stator of Cnlorwdo, of the drat part, and TERRY L _ ROTHC and MARILYN RQTUE, husband end wife, joint tenants City or T EMA Of of the County of Weld and 6tets of Coioredn, of the oeaoad part; lilh wassthe That the rid partied of the t ret part, for and In ewer dderntion of the sum of nth ed valuable consideration and TEN DOLLARD, to the add partied of the that part in hand paid by the eel$ paths of the armed pert. the receipt whereof is hereby con- ferred and stkuowledeed be ve panted, bargaleed, sold and 'crannied, and by these promote de Frani, b ar sell, convey and confirm, ante the said pertita of the wooed part, sat in teeeney he common but in joiet tenancy, al thorn, their saline and the bean and a.eigs& of such survivor forever, ail the following dnmrtbed lot or panel of lend edlnate, lying and being la the County of Weld wad State of Colorado. to -wit: The West Half (W4) of Section Four (4) in Township four (4) North, of Range Sixty-three (63) West of the 6th P.N., and that part of the East Half (E4) of said Section 4 described es follows: Beginning at a point 2154 feet West of the Northeast corner of said Section; thence South 5417 feet to the Bout line of said Section; thence West to the center of paid Section; thence Nor to the North line of said Section; thence East to the place of beginning, together with one. (1) share of the Lower Latham Reservoir Co., two (2) she of the Lower Latham Ditch Co.; and one (1) share of the Lower Latham Extens Ditch Co., and one (1) irrigation well, including pumping machinery. Said well having been registered and adjudicated under No. W-955, Weld County Water District No, 1. , day of to the year of oar Lord L..L {*r iN.ttsconncn. Q� _,_UPPirfY. State Doctnnenlary Fee bale-.,LLelr.__1 -916 $ 6-D IS HEREBY DECLARED THAT THE ABOVE PROFERTY IS CONVEYED IN JOINT TENAANN G Together _with ad and singular' the hmwitoan eme to and appurtenances thereunto baleedrt, a aoywiae lied the reeeemes red .evoekes, rtawInder .nd remeindma, rents, theme and profits thereof; and all the estate, right, Side, interest, edairrt and demand whatsoever of the acid part iesof the Sat pail, either in law or equity. of, to end to the shove bargained premlera, with the heredltameete and appurtenances. pafo the said pertly of To es. and to Seal the said prenden shove bargained sad daemibed, with the appmieoaeaae, the eusond pert, the modem of them, their amigos and the hire sod nadnae of Inch sm,l►or faeever. And the said rant hen or the first pert, for them ,elves, their M„ e, executcot, sad adminfetraots, do oo,enael, grant, Mullin and epee to and with the add partite el the amend pert, the survivor of them, their maims sad the heirs sad seise of math survivor, that at the time of the aweartmg and delivery of three presents, they are well eased et the premises above rammed, ne of mod, sure perfect, absolute end indefeasible estate of inleritenco, in law, in fee simple, end "owe good Naperight, fop isrod lawful fulN authoend deer Ramierity tol�great, bargain, sea end ',Dewy convey the ! a to m,armer @d form m riomsid,d,` nddtthat t rit 0. the or cf7gee. e.au iae No: 376 oet Rldor a id$0CCeaFtlnl5c nx� aStatem met er ted P1�}}e d 11 t tithe htrdv sins! modem In the eduiet end such atirhie panacea of the seed putty, of tire a rsood yak Il! g of thorn, their resigns and film bolt. and .,myna of ouch sear. o ne. eteiaet ail and every po.ouo or foremen lawny Y g to ebb a the whole or any pert thereof, the said pert fen of the first pert shed surf will WARRANT AND VOREVER DEFEND. In Witham Whereof The eeid panics of the firol�.perl^aave hereunto set th93r aest3 the day and year drat above written. �( �i Dived, Sealed end Delivered in the Fracture of STATIC O1 C0L0IWII0. nit County d'__..Weld—..._.»........... .._ The fares mix Irrtrumeet wan acbenwkdged before ma . 4 by Frets 0, Gibbs and John D....Feare ._and each_. of thew., 'iAltaxea my head e+d oslohel reel. My commlasiooagnrm---Olf$ob81"_' y.»3 p1.Dada Mary Yobbo. yserItJ-Pr.�APpp-rvreqq[G!oo n-� WARRANTS, DEM:. TO JO bin* TENANT -1--76. C. F. toni,l Seek heat A tunes R+�•.'t e. r tetmw TN Noklteerlt ldraLa ._.._.._.- creme SKID, Inc_ NA SKL13322 WFs 1692710-1976.001 Drools, A ca `776 RuooSd 1Y ti �ia4 __f _ p{fFr9 i 1976 te,. No. _4692145_ Mary Ann r a :MM, H Kurd« EXCHANGE DEED J --f THIS EXCHANGE DEED, Made thin c -L day of ,�G , A.D. 1976, between • TERRY L. ROTHE and MARILYN ROTHE, husband and wife, joint tenants of the::County of Weld and State of Colorado, Parties of the First Part, and • WALLACE E. ROTHEand RUTH ROTHE, his wife. of the County of Weld and State of Colorad, Party of the Second Part,WITNESSETII: That the Parties of the First Part hereby Grants, bargains and sells unto the Party of the Second Part, his successors and assigns. the following described property situate in the COUNTY OF WELD and STATE OF COLORADO, to -wit: The West Half (W1/2) of Section Four (4), Township Pour (4) North, -Range Sixty-three (63) West of the 6th P.M., and that part of the East Half (51/2) of said Section 4 described as follows: Beginning at a point 2159 feet West of the Northeast corner of said Section; thence South 5417 Peet to the South line of said Section; thence West to the center of said Section; thence North to the North line of said Section; thence East to the place of beginning; together with 1 share of the Lower Latham Reservoir Co., 2 shares of the Lower Latham Ditch Co., and 1 share of the Lower Latham Extension•Ditah Cc., and 1 irrigation well, including pumping machinery, Said well having been registered and adjudicated under No. W-955, Weld County Water. District No. 1. with all its appurtenances, and warrant the title to the same, subject to 1976 taxes due and payable in 1977 Deed or Trust to Travelers Indemnity co.erecord- ed June 3,1975 under Rec.No.156174O,Weld Co. Records. and UCC Financing State- mcnt,recorded June 13, 1975 under Rec,Ma.U9237a, Weld Co. Records. And Party of the Second Part hereby grants, bargains and sells to Parties of the First Part, their heira and assigns, the following described real property situate in the COUNTY OF WELD and STATE OF COLORADO, to -wit: The Northwest Quarter (WW1/4) of Section Six (6), Township Four (4) North, Range Sixty-three (63) West of the 6th Y.M., together • with 2 shares of the Lower Latham Ditch Co., 2 shares of the Lower Latham Reservoir Co,, 2 shares of the Lower Latham Extension Ditch Co., and 1 irrigation well and pumping plant. with all its appurtenances. and warrants the title to the same, subject to 1976 taxes due and payable 'n 1977 Subject to the lien of a mortgage to tIe Federal Lend Rank of Wichita in the suet of $125,000.00, executed or to be executed by the grantee. nosed herein. Signed and delivered the day and year first above written. Wallace H. R e I rry ir. Rothe fit9 Li • Ma • r lyn io he (( FIRST PARTIES STATE OF COLORADO )os. COUNTY OF WELD ) SECOND PARTY Ruth Rethe SUCONf PARTY .'i'1{:f2rejgbIng instrument was acknowledged before me thin 50th day of Augu$t,_•A'.D.'r97q," by TERRY L. ROTHE and MARILYN ROTHE, husband and wife, and eat`hE r. behli.l�'irst Parties and by WALLACE H. ROTHE, Second Party, aaa , W $YOkyl hand and official seal.. RUTH ROTHE, Second Forty. tWgelislion expires lave rma.fimir..s.m. la, ifM .. elo cry SKI,EJ, Inc. NA SKL13322 WE 1697799-1976.001 RR3R521Ji13 Z 01/04/04 Z F 0942 NARY EANN FEUER5YEINCLERK 5aAECORDER WELD CO, CO THIS DEED, Mods this 30th day of December tvgp .tctweaa WALLACE H. ROTHE and RUTH ROTHE allot County Of Weld aodsdatcor f5o,,d.,nftluil.dpatt,tod WALLACE H. ROTHE and RUTH ROTHE who, legal addrraata 32584 W.f.R: SD, Kersey, Colorado 90544. of iho County of Weld and -State of Colorado, oftheaceond part: WITNE85ETn, that asaid parties of Lhn fired port for And in conni der', Linn of the our., of -other valuable consideration and TEN -130LI.ARS. to the said port? OS of the fed port in hand paid by the .Lid portico of the ',Leona pare. the receipt ,.hereof ie. horehY cordexerd and acknowledged, h Y e granted. bara.ined, sold and conveyed. and by Chest preeente do grant, bnrtaia ,olio toner and confirm unto the raid portico of lh. second part, their belre and m.+ivne foreocr, y. ell the following- ollowin deneribed Lot or pored of lend. 'sitcom, not in tenancy in common but in joint Weld a qnd Stoto of Colorado. to wit: Iyir.-and being In the f:auntP of The West Half {Was} of Section Four (4), Township Four (4) North, Range Sixty-three (63) West of the 6th P.M., and that part of the East Half (Eli) of said Section 4 described as follows: Beginning at a point 2150 feet West of the Northeast'. corner of said Section; thence South 5417 feet to the South,l'j line of said Section; thence West to the center of said Sec- tion; thence North to the North line of said Section; thence East to the place of beginning, together with 1 share of th4,,,. Lower Latham Reservoir Co., 2 shares of the Lower Latham Ditch Co., and 1 share of the Lower Latham Extension Ditch Co., and 1 irrigation well, including 9ula7in9 machinery. Said well having been registered and adjudicated under Ho, W-955, Weld County Water District Ho. 1, 1 I ij .tao¢nna-naa.lrnroondTnmbtr 32584 W.C.R. 50, Kersey, Colorado 80644_ TOLIhT HER with ea and oingolor the hereditaooenta end opprtenance. thereunto irelonitinC, or in 0nviei.o apper, Lr slog and the reversion and rerereionn, remainder and rro,dmiore. rent.. 'mourn and profit.. d,r,moe; and oil the datatr. right. ti6e, intrn.t, claim ,rid demand..hot...ever of the .aid part i es or [he lint pert, m,thor'0I.w or egoily. and to the above bargained premise.- with the her rd it.muntn .,rd appattenaneea- SKLD, Inc. NA SKL13322 WE 1952003-1984.001 B 1017 RNC 01952003 01/04/84 15:29 $6.00 2/002 F 0043 MARRY ANN FEOERSTEIN CLERK & F CORDER WSW CO, CO TO HATE AND TO HOLD the said premises above barge -PHA and described. with the appurtea&ncea, unto the ro]d Panties Of the ',wend pert, their heirs andeeehree forever. And the mid port. ley of tier first pa et,fee thed]- .sues, thei:5acin. executor.. end edmrini tratara de cavrnaot, grant, bargain and agree tee and .ritte the acid parties attire second part,their beir. and &cairns, that at the Lune ofthe enaceling need delivery of than preheat', they are welt netted et the pretense. above conveyed, soot good, cure, perfect, absolute and lode! a.=bla eatste of inheritance in law, in fee asaeplo, and hale ' good Hat, fall power and Hain] authority LP 'Hanle Largetia, ea and convey the home in manner and farm atercsaid, and that the Rama are free and nicer from all former and other grant.. bargainer eelea liens', taaea, neeeesraentS andineomheanrca of whatever Hadar nature. .never. end the a1,ove bergaleere premises tothe nulotondptatsabticsr to le ctaimhrro of the ' ,Rid p xineo(hole herepart part, ttthononeolrlealte aid end a.signe, against dl .n4 every person or pemena part, e5 of the first partcha]landwillWARRANTAHDFOREVERDEFEND- INWt77iESSWHEREOF.th,.eddpoetdeS of the fire! part hays hereunto .eathei r hands and seed S the tiny endye.r find above "written. Signed, Senled and Ile I,ve red inthe?meaner of STATEOFCOLURADV_ Gsarty of Weld SEAL) ayace O 'C (SEAL] "� ze SEAL; The The foregoing is etre !lent was acknowledged before me this 1583 ,he Wallace H. Rothe and Ruth Rothe. MycoenRJa.ioeerrpicec —, 5.ss 3flth dayor December ,Hy .Witnerealyhand and ;diners` 7 i U F 0 m m W a E -y. ti : J3!.. a a SK&A, Inc. NA SKL13322 WE 1952463-1984.002 • AR2II87001 B 1144 REC 02087001 02/03187 13:13 $6.00 1/002 F 2124 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO PUBLIC TRUSTEE'S DEED THIS DEED, Mack February 2 . 19 87 , between Anne D. Nye as the Public Trustee. of the County of Weld Colorado, and The Travelers Insurance Company, a Connectic't Corporation, One Tower Square, Hartford, Cortaecticut 06115 Purrhaser(st, WUYNESSETH: Whereas. Wallace Roche and Ruth Rothe did, by Deed of Trust dated January 23 , 19 81 , and recorded in the office of the Clerk and Recorder of the Courtly of Weld , Colorado, on January 23 . f981 ,in Book 926 at Page , (Film No. , Reception No. 1867881 )` convey to the Public Trustee in Trust the property lnreinnlscr de.cribcl to secure the payment of the indebtedness provided in said Deed of Trust: and Wher.a-c. a vier€,Brim rr^.L' node in certain of the terms and covenants of said Deed of Trust as shown by the notice of election and demand for sale hied with the Public Trdtec. a copy thereof being neonled in the office of said County Clerk and Recorder, the said propene was advertised for sate at public auction at the place and in the manner provided by lam and by said Deed of Trent. and a copy of the notice of sale was is apt time mailed to the persons requited by statute_ and said property was in pursuance cif said notice sold to The Travelers Insurance Company for the Slim hereinafter sot forth and a certificate of purchase thereof sins made and ttettrdcd" ant] said property out having been redeemed from said sale: Now. Therefore_ the Public Trustee pursuant to the power and authority vested by law and by the said Dead of Trust as such Public Trance and in consideration of the sum ofd 178,334.02 to the Public -Trustee paid by the said lrarcizaser4)_ the receipt w-hcrcor is hereby as:krorvlcdgnl. comers to the raid Purchase -Om its heirs. successors and assigns former''. all the right title and interest which the Public Trustee acquired pursuant to said Deed of Trust in amt to the fol]aeeine described ptopcny situate in the County of Weld _ Colorado, to See Exhibit A dreached hereto and incorporated herein by this reference 'lo Have and to Hold the same unto the said Purchaser(x) z is heirs, successors and assigns forcer. Executed the day and year first abort mitten. ra Public ranee ar u,n - Cnnnry or Weld By STATE OF COLORADO, County of Weld The foregoing instrument .as ackno,vledgs,1 berme me this by Anne D. Nye as the County of Weld . Colorado. My commission expires AUGUST 7. I989 Witness my hand and official seal. J Ss Tricots 1ahlte Trance 2nd day of February = 1.dv8'7a Public-frusaie of the - 1020 9th St_ 4202, Greeley, CO 80631 -In ennnric, ohdc book and pain nurn₹m ha.t taco nhntish_J_ If In n. :on..elr .haarneorrt^T'araGVnsoa state "tf rrniti. ha�3xrn seirnnt ih..ra'"..,tJ vies caiLrotc..fra^tucww n,+itt --,lu I.atnint•iretmk- .}.or.�. ..t• in:rttrineonr -"tivnte J•3133 No. 30. Rev. 8-81. PLIt1.IC TR{IS₹ te'S PtEn F1 untied 5115 u: ₹a Inn+ OOP 'u.cs.11 u-1792 It -a. SELL), Ta.c_ WA SKL13322 WE 2087001-1987.001 B 1144 REC 02087001 02/03/87 13:13 $6.00 2/002 F 2125 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO EXHIBIT A The West Ralf of Section 4 in Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and that part of the East Half of said Section 4 described as follows: Beginning at a point 2159 Feet West of the Northeast Corner of said Section; thence South 5417 feet to the South line of said Section, thence West to the Center of said Section; thence North to the North line of said Section; thence East to the Place of Beginning. Together with, but not by way of limitation. two shares of stock of the Lower Latham Ditch Companyu, one share of stock of the Lower Latham Reservoir Company, one 8" Jacuzzi Pump Model #3755, Serial #6:722150; one U.S. Electric Motor Serial #R-2841-03-8--523 and one 1975 6 tower zimmatic pivot sprinkler Model #307, Serial #4045. SKLD, Inc. NA SK113322 UK 2087001-1987.002 • Age171787 1225 REC 02171787 02/24/89 16:15 $15.00 1/005 F 0781 MARY ANN FEUERSTEIN CLERii 6 RECORDER WELD CO, CO 3ttzre 0oaaoenscre Fee RE No- 11526 �.c4, R / S'Ar SPECIAL WARRANTY DEED THE TRJ1VF.LERS INSURANCE COMPANY, a Connecticut corporation, whose principal place of business is One Tower Square, 1artford, Connecticut. end whose address for purpose of notice hereunder is Post Office Box 8161, 2121 North California Boulevard, Suite 1000, walnut Creek. California 94596-81.61 ("Grantor"), for and in consideration of $375,©00.00 in hand paid, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto WETCO FARMS, INC_, a Colorado corporation, whose address is 2055 First Avenue, Greeley, Colorado 80631 ("Grantee"), its successors and assigns ne forever, all the real property, together, with the improvements, $37_50 if any, Situate, lying and being in the County of Weld, State of Colorado (the "Property"), as described or 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 of the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property. EXCEPT, specifically excluded from this conveyance are any and all mineral rights and interests of the Grantor which shall be reserved by the said Grantor. TO HAVE AND TO HOLD the said Property above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and decree that it will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceful 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 the Grantor, subject to those items described on P'hibit B, attached hereto and incorporated herein. TN WITNESS wozimor. the Grantor has caused its corporate name to be hereunto subscribed by its Prtgional Virn P ps�deot , and its corporate seal to be hereunto affixed, attested by its Ass;cfant So. --.eery on this 17th day of February, 1989. GRANTOR: THE TRAILS a Coune By: Mnr%on Bindoeccd, Jr. Assistant Secrmt y [NAliE SiLD, Inc. NA SKL13322 WE 2171787-i989.001 SURANCE COMPANY, ration gEgiona2 Vice Presort [TITLE] 8 1225 ROC 02171787 02/24/89 16;15 $15.00 2/005 1- 0782 MARY ANN Fe.UERSTEIr CLERK 6 RECORDER WELD CO, CO STATE OF CALIFORNIA s9. COUNTY OF CONTRA COSTA The foregoing instrument was acknowledged before me by nil & Sc itt as the Ramie rl v;r'o prp.cirv+*,t of The Travelers Insurance Company, a Connecticut corporation, this 77th day of Fobruarp, 1989. Witness nay hand and official seal. My Coonissjon exPi res : //46 ,2 /' /944g/ [SEAL] - 2 - SKID, Inc. NA SKL13322 WE 2171787-1989.002 8 1225 BBC 02171787 42/24/S9 16:15 $1s_oa 3/005 F 0783 MARY ANN FEuERSTEIN CLERK b RECORDER WELD CO, CO EZ11IBIT A Lnid In the County of Weld, State of Colorado, described an: The WI /2 of Section 4 ill Township 4 North, Range 63 Went of the 6th P,M., and that part of the East half of said Section 4 described as follows: DSGINSING at a point 2,159 feet West of the Northeast corner of said Section; thence South 5,417 feet to the South line of said Section; thence west to the center of said Section; thence North to the North line of said Suction; thence East to the PLACE OP S GINNING. s4 D, Inc. NA SKL13322 WE 2171787-1989.003 B 1225 REC 02171787 02/24/89 16:15 $15.00 4/005 F 0784 NARY ANN 1EutRSTBIN CLERK a RECORDER WELD CO, CO E.131IBIT 8 (page 1 of 2) 1. 1989 taxes not yet due, or payable. 2. Rights or claims of parties in possession not shown by the public records. 3. Easements. or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct suxvey and inspection of the premises would disclose and which are not shown by the public records. 5. Any lien. or right to a lien, for services, labor or material heretofore or hereafter furnished. imposed by law and not shown by the public records. 5. Taxes due and payable and any tam, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Rights of way for county roads 30 feet wide on each Bide of section and township line°, as established by order of the Board of County Commissioners for Weld County, recorded October 14, 1989 in Book 86 at Page 273. 8. Reeervatioa of right of proprietor Of any penetrating vein or lode to extract his ore, in Q.S. Patents recorded as follows: DATE OF 9_ECOED1 G November 22, 1895 January 14, 1918 September 13, 1906 November 25, 1916 BOOK PAGE 57 388 (NW1/4) 333 116 (SW1/4) 132 366 (NE1/4) 333 124 (SEl/4) 9. Eauement and right of may for public highway granted to Weld county by Pendleton Leo Hudson in Deed recorded March 2, 1927 in Book 814 at Page 375, as follows: A strip of ground 100 feet wide, it being 50 feet on each aide of the following described centerline: Beginning at a 'Gant on the West line of Section 4, Township 4 North, Range 63 West of the 6th P. M., from whence the Northwest corner of said Section 4 bears N1 -18°E a distance of 1920.6 feet, more or less; thence S57'36'E. a distance of 3620.2 feet, more or lees, to a point within Said Section 4 from whence the Northwest corner of said section 4 bears N37"59'W, a distance of 4892.9 feet, more or leas. 10. Right of way for inlet ditch of The New Empire Reservoir as evidenced in Deed from Agnes Niemeyer to Rose Park recorded May 13, 2929 in Boot 554 at Page 8, in which the specific location is not defined. 11. Kersey Canal and right of way and easements therefore, as evidenced in Map and Statement recorded October 20, 1910 as Reception No. 159981. 12. Right of way for public highway granted to Weld County by Mrs. Rose Park in Deed recorded March 3, 1927 in Book 824 at Page 377, as follows; a strip of ground 100 feet wide, it being 50 feet on each side of the following described Centerline: Beginning at a point on the East line of Section 4, Township 4 North of haege 53 West of the 5th P.M., from whence the Southeast corner of said Section 4 bears S1 40'W, a distance of 207 feet, more or less, thence N57'36'W a distance of 2464.9 feet, more or liana, to a point within said Section 4, from whence the northwest 7).166 corner of said Section 4 bears N37'59'W a distance of 4892.4 feet, A_swr more or lees. SKID, Inc. NA SKL13322 WE 2171787-1959.004 R 1225 R C 02171".87 02/24/69 16:15 $15.00 5/005 F 0785 MARY ANN 8rUERSTEIN CLiR$ & RECORDER WELD CO, CO EXEIBIT S (page 2 of 2) 13. Easement and right of way for pipe line granted to Continental Oil Company, a Corporation by Mary C. Hudson in the instrument recorded September 3, 1931 in Book 919 at Page 138, in which the specific location is not defined. (Affects SW1/4 of SE1/41 14_ Easement and right of way for an electric transmission line, as granted to United States of America by Mary C. Hodson and Jacob Croissant, in the instrument recorded November 22, 1939 in Book 1053 at Page 109, affecting the following described property: 5W1/4 NW1/4, NL/2 5103/4, and part of NWI/4 SE1/4 of Section 4, Township 4 North, Range 63 West of the 6th P.N. The centerline of the =outs of said line of poise and wires to he erected across said lands shall be as follows: Beginning at a point on the West line of Section 4, Township 4 North, Range 63 West of the 6th P.M., whence the west quarter - section career of said Section 4, hears Southerly 713 feat; thence South 57'36' East, 3617 feet to the East line of the property. 15. Undivided three -fourths grantors interest in all oil, gas and other mineral rights, as reserved by Paul Croissant and Hazel A. croissant, Roland J. Croissant and Roma A. Croissant, Reinhold C. Croissant and Alvinv Croissant, Harold Croissant and Ruth Croissant in the Deed to Prod d- Gibbs and John n_ Pearson recorded June 3, 1975 in Book 740 as Reception No. 1661739, and any interests therein or rights thereunder. 16_ an undivided one -eighth interest in all mineral deed rights as conveyed to James J. Davie and Renneth Walters in a deed recorded June 11, 1975 in Book 741 as Reception No. 1662573 and any interests therein or rights thereunder, 17. Basement and right of way to lay, construct, maintain, inspect, repair, replace, overate and remove a pipe line, granted to Pfteht''dle Baatern Pipeline Company, a Delaware Corporation, by Wallace H. Rothe and Ruth Rothe by instrument recorded May 14, 1982 in Book 967 a9 Reception No. 1891635, in which the specific location of the easement is not defined. 18. Oil and gas lease between Wallace H. Rothe and Ruth Rothe and Petro Quest, Inc. dated April 10, 1982, recorded June 1, 1982 in Book 959 as Reception No. 1093256, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Rock Oil Corporation, recorded Pebruary 22, 1985 in Book 1059 as Reception No. 1999679. 19. Easement and right of way for a right of way to lay, construct, maintain, lower, impact, repair, replace, operate and remove a pipe line, as granted to PanhonA7e Eastern Pipe Line Company, a Delaware Corporation by Wallace H. Rothe and Ruth Rothe, in the instrument recorded August 8, 1983 in Book 1004 as Reception No. 1936292, the location of which is shown in the map attached to said instrument. 20. One hundred percent (100%) of all oil, gas and other minerals (sand, gravel and clay being the only exception) then owned or thereafter acquired by party of the first part in, on or under the real property, together with full rights of ingress and egress and use of the surface to the extent reasonably necessary for the purpose of exploring, drilling. mining (including, to the extent reasonable in the cir umstancee, open pit and strip v4'ing), developing, producing, storing, removing, treating and transportatiag said materials, as conveyed by The Travelers Insurance Company, a Connecticut ccrporatioe to The Prospect Company, a Delaware Corporation, in Quit Claim Deed dated July 19, 1988, recorded July 21, 1988 in Book 1203 an Reception Nc. 2148933. and any interests therein or rights the_-ev"*dem. SKLD, Enc. RA 1 L13322 WE 2171787-1959.005 S23 o3Q ON I I lillt 11111111111111111111 1111111E111 11111 III I1111 lilt lit 2717943 09/02(1999 1.0:170. Wald County CO 1 of 1 R 5.00 0 0.00 JP Suki Tsuk.mato C7 -h, Q C'I.AI 4 DEED tuts DEED, h7ade an September 1, 1599 - between• t TCO- 1,ARW5, INC. ,- a- Colorado Corporation of the *Grimly of Weld Colorado, grantor(s), and WEICO FARMS INC. , a Colorado Corporation whose legal address is 2055 1st Avenue Greeley, Colorado 80631 of the County of Weld and State of and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in oonsidetalian of the sum of No dollars and no cents Ve remised, released, sold andQUlTCI-ALh4ID,ahl'ibf the receipt and sufficiency of which is hereby acknowledged, ha r heirs, andQssTCLAIorsand ED, rid by these presents do remise, release, sell and QUITCLAEM onto the grantee(s), their with improvements, ever, ail the right, title, lutanist, claim and demand which the grantor(s) have in and to the realproperty, together if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The West 1/2 of Section 4 in Township 4 North, Ranye 5l West of the 6th p -M., and chat part of the East half of said Section 4, described as follows: BEGINNING ar a point 2,159 feet West of the Northwest corner of said Sectl.on; thence South 5,417 feet to the South line of said Section; thence West to the Center of said Section; thence North to the North line of said Section; thence Cast to the PLACE OF TIE -GINNING. County of Weil, State of Colorado. also 'mown by street and number as: 32584 Weld County Road 5t1 Greeley, Colorado 80531 F43-!fJsV A 1•f.'O-ROL,D-ritesatne,together.with-all.and.singular.the_appurtenances. and arivelegfsihcreuntobelonging or in anywise thercttnto appertaining, and all the estate, right, title, interest, a d claim whatsoever, and zssihts grfoantor(s), (s)• either in law or equity, to the only proper use, benefit and hchoef of heee executed hi) deed on the date i forth ab51g IN WITNESS WifEREOF, The granter(S) ha STATE OF COLORADO S.S. i7ETC0- EARNS,_ INC-S. a. Col in dq' ozpora `k,/1 b S K` - Y ' x.: vlr<� .: y t Brian C. Sparrow, Presidefp'r: -.: . - r Comity or Weld 'the foregoing instrUtnent wet adfcnowledgtdbefOrCmC on September I, 1495 !VW C. SPARROW. Ptnsidert of wRTCC FARMS, INC-, a coloredo Corporation- �� .by - my hand and official seal ,zop3 ssiotr expires( J u 25, i3g?1 •tr a t.va ma'wty.,:n•. Notary Public Betty A. Widner Name-- irfi Address of Person-ermting'. owly- Legal-Desetiption.(38-35-1(16.5,. CRS ) SKIP, Inc. NA 5KL13322 WE 2717943-1999.001 Hello