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Home My WebLink About20193051.tiffApplication Review Notification Card A public hearing will be held before the Weld County Planning Commission (PC) and a subsequent hearing will be held with the Board of County Commissioners (BOCC). Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. Please note the hearing dates and times listed on the other side of this card for the proposed project. If you would like more information regarding this proposal and the conditions that must be met, the file is public information and is available for review at our office. You may also view the file online at https:// accela-aca.co.weld.co.as/citizenaccess/ by inserting the case number. Comments or objections related to the request should be submitted in writing to the Weld County Department of Planning Services, 1555 N 17th Ave, Greeley CO 80631, on or before the date of public hearing. Weld County Planning Services 1555 N 17th Ave Greeley CO 80631 (970)400-6100 Case #: USR18-0100 Planner: Chris Gathman Name: Public Service Company► of Colorado Proposed Project: USR for a 1041 Permit for a Major Facility of a Public Utility (one (1 ) 230 kV transmission line extending approximately 10.4 miles, one (1) new substation (Graham Creek) and upgrades to an existing substation (WAPA Ault Substation) in the Agricultural Zone District. Location: East of CR 25; south of CR 86; west of CR 35; north of CR 74 PC Hearing: June 18, 2019 at 12:30 pm BOCC Hearing: July 24, 2019 at 10:00 am SURROUNDING PROPERTY OWNERS USR18-0100 NAME GLENN LEFFLER KENNETH MACKEY OPTIMUM ART GLASS, INC ANDERSON LEGACY FARMS, LLC JEFFREY WELSH GREAT WESTERN TRAIL AUTHORITY DON ANDERSON NOFFSINGER MANUFACTURING CO, INC KTC FARM LLC LEFFLER VIC AND SONS INC J LEFFLER FARMS INC CITY OF THORNTON STEVEN DEINES CR 33 LLC CLIFF SIMPSON DIXIE MEISNER KEITH AMEN DUSTIN WINTER LOREN ACHZIGER JOE SPONSLER CITY OF GREELEY ELLEN RATHBUN MICHAEL'WATERMAN DRAKE FAMILY PARTNERSHIP LLLP MICHAEL FREEMAN MICHAEL LUN DQUIST BOOMER HOUSE, LLC MARY BAIAMONTE TRUST USA TRI-STATE GENERATION & TRANSMISSION ASSOC MICHAEL GANTZ ORAN WINTER LEONARD TRUJILLO AULT PROPERTIES, LLC ADDRESS 1 C/O TOWN OF EATON ADDRESS 2 16264 HWY 14 37125 CR 33 36471 CR 33 15427 CR 74 36731 CR 33 223 1ST ST 15427 CR 74 PO BOX 1150 16350 CR 76 35945 CR 35 1555 PRAIRIE HAWK RD 9500 CIVIC CENTER DR 41474 CR 33 32828 VISTA LAKE RD PO BOX 211 10270 W 74TH PL 15400 CR 86 41555 CR 33 PO BOX 1053 15771 CR 84 1100 10TH ST STE 401 41710 CR 29 14499 CR 84 10010 STATE HWY 14 13377 CR 84 13252 CR 86 1024 8TH T 41818 CR 25 CITY, STATE AU LT CO EATON CO EATON CO EAT CO EATON CO EATON CO EATON CO GREELEY CO EATON CO EATON CO EATON CO THORNTON CO AU LT CO GREELEY CO AU LT CO ARVADA CO PIERCE CO AULT CO KINGMAN AZ AU LT CO GREELEY CO PIERCE CO AULT CO AULT CO AU LT CO PIERCE CO GREELEY CO AULT CO BUREAU OF RECLAMATIOI' BLDG 20 DENVER FEDERAL DENVER CO PO BOX 33449 40567 CR 33 405 TRAILWOOD DR PO BOX 1343 PO BOX 406 DENVER CO AU LT CO WINDSOR CO AU LT CO PLATTEVILLE CO ZIP 80610 80615 80615 80615 80615 80615 80615 80632 80615 80615 80615 80229 80610 80631 80610 80005 80650 80610 86402 80610 80631 80650 80610 80610 80610 80650 80631 80610 80225 80233 80610 80550 80610 80651 HAROLD LONG DANIELSON E LSO N RAY INC SUSAN MAGNUSON ILCO FARMS LLC RAM LAND CO LLC RUSS HERRELL TED MAGNUSON FAMILY TRUST PODTBURG DAIRY LLLP LEFFLER BROTHERS LLC LEFFLER LAND AND LIVSTOCK INC OGAN IVAN AND SONS I N C C/O MARK DROUHARD 40471 CR 33 39376 CR 31 50 CHERRY AVE, UNIT 38301 CR 33 PO BOX 3 38993 CR 33 50 CHERRY AVE, UNIT 9 37905 CR 35 35945 CR 35 1305 COLORADO PKWY 37546 CR 31 AU LT CO AULT CO EATON CO EATON CO MEAD CO AU LT CO EATON CO EATON CO EATON CO EATON CO EATON CO 80610 80610 80615 80615 80542 80610 80615 80615 80615 80615 80615 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number USR18-0100 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 31st st day of May, 2019. Dated the 31st day of May, 2019 A4abfrit, Kris Ranslem Recording Secretary for Planning Commission Application Review Notification Card This is to notify you that the project listed on the other side of this card is within five -hundred (500) feet of your property. You will be notified of any future meetings regarding the proposed project on this property. If you would like more information regarding this proposal and the conditions that must be met, the file is public information and is available for review at our office. You may also view the file online at https://accela-aca .co.weld.co.uslcitizenaccess/ by inserting the case number. Comments or objections related to the request should be submitted in writing to the Weld County Department of Planning Services, 1555 N 17th Ave, Greeley, Co 80631 'UV aD E lva :,a 4-V Id G£IO LC a3 CC a _ IC uo -tr' C cJ . CC • ce o • • Weld County Planning Services 1555 N 17th Ave Greeley CO 80631 (970)400-6100 d,J_ . e I I- I J. Q:i::_ ,:..._.— I .21 I • r I ; ITIP I. it. alt er - - A- ti ■ I . .1� cT+4 ego 440 :,a (' sc— cc Case tt: USR18-0100 Planner: Chris Gathman Name: Public Service Company of Colorado Proposed Project: USR for a 1041 Permit for a Major Facility of a Public Utility (one (1) 230 kV transmission line extending approximately 10.4 miles, one (1) new substation (Graham Creek) and upgrades to an existing substation (WAPA Ault Substation) in the Agricultural Zone District. Location: East of CR 25; south of CR 86; west of CR 35; north of CR 74 SURROUNDING PROPERTY OWNERS USR18-0100 NAME GLENN LEFFLER KENNETH MACKEY OPTIMUM ART GLASS, INC ANDERSON LEGACY FARMS, LLC JEFFREY WELSH GREAT WESTERN TRAIL AUTHORITY DON ANDERSON NOFFSINGER MANUFACTURING CO, INC KTC FARM LLC LEFFLER VIC AND SONS INC J LEFFLER FARMS INC CITY OF THORNTON STEVEN DEINES CR 33 LLC CLIFF SIMPSON DIXIE MEISNER KEITH AMEN DUSTIN WINTER LOREN ACHZIGER JOE SPONSLER CITY OF GREELEY ELLEN RATHBUN MICHAEL WATERMAN DRAKE FAMILY PARTNERSHIP LLLP MICHAEL FREEMAN MICHAEL LUNDQUIST UIST BOOMER HOUSE, LLC MARY BAIAMONTE TRUST USA TRI-STATE GENERATION & TRANSMISSION ASSOC MICHAEL GANTZ ORAN WINTER LEONARD TRUJILLO AULT PROPERTIES, LLC ADDRESS 1 C/O TOWN OF EATON ADDRESS 2 16264 HWY 14 37125 CR 33 36471 CR 33 15427 CR 74 36731 CR 33 223 1ST ST 15427 CR 74 PO BOX 1150 16350 CR 76 35945 CR 35 1555 PRAIRIE HAWK RD 9500 CIVIC CENTER DR 41474 CR 33 32828 VISTA LAKE RD PO BOX 211 10270 W 74TH PL 15400 CR 86 41555 CR 33 PO BOX 1053 15771 CR 84 1100 10TH ST STE 401 41710 CR 29 14499 CR 84 10010 STATE HWY 14 13377 CR 84 13252 CR 86 1024 8TH T 41818 CR 25 CITY, STATE AULT CO EATON CO EATON CO EAT CO EATON CO EATON CO EATON CO GREELEY CO EATON CO EATON CO EATON CO THORNTON CO AULT CO GREELEY CO AULT CO ARVADA CO PIERCE CO AULT CO KINGMAN AZ AULT CO GREELEY CO PIERCE CO AULT CO AULT CO AULT CO PIERCE CO GREELEY CO AULT CO BUREAU OF RECLAMATION BLDG 20 DENVER FEDERAL DENVER CO PO BOX 33449 40567 CR 33 405 TRAILWOOD DR PO BOX 1343 PO BOX 406 DENVER CO AULT CO WINDSOR CO AULT CO PLATTEVILLE CO ZIP 80610 80615 80615 80615 80615 80615 80615 80632 80615 80615 80615 80229 80610 80631 80610 80005 80650 80610 86402 80610 80631 80650 80610 80610 80610 80650 80631 80610 80225 80233 80610 80550 80610 80651 HAROLD LONG DANIELSON RAY INC SUSAN MAGNUSON ILCO FARMS LLC RAM LAND Co LLC RUSS HERRELL TED MAGNUSON FAMILY TRUST PODTBURG DAIRY LLLP LEFFLER BROTHERS LLC LEFFLER LAND AND LIVSTOCK INC OGAN IVAN AND SONS I N C C/O MARK DROUHARD 40471 CR 33 39376 CR 31 50 CHERRY AVE, UNIT 9 38301 CR 33 Po BOX 3 38993 CR 33 50 CHERRY AVE, UNIT 9 37905 CR 35 35945 CR 35 1305 COLORADO PKWY 37546 CR 31 AU LT CO AU LT CO EATON CO EATON CO MEAD CO AU LT CO EATON CO EATON CO EATON CO EATON CO EATON CO 80610 80610 80615 80615 80542 80610 80615 80615 80615 80615 80615 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number USR18-0100 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 23rd day of April, 2019. Dated the 23rd day of April, 2019 431\athillti eatriatein, Kris Ra nslem Recording Secretary for Planning Commission 7 Xcel Energy Northern Colorado Area Plan 230kV Transmission/Substation Project Appendix H List of Surface Property Owners, Real Property Interests, Title Commitment, and Mineral Interests (Items in bold have been updated 3/29/19) Affidavit of Interest Owners Surface Estate Surface Property Owners and Real Property Interests Short Form Option Agreement Title Insurance Commitment Transmittal Affidavit of Interest Owners Minerals and/or Subsurface Mineral Interest Notice Waiver Mineral Status Report Oil and Gas Lease Affidavit of Production Ratification of oil and Gas Lease Affidavit of Extension of Oil and Gas Lease(s) by Production Personal Representative's Deed Surface Property Owners, and Real Property Interests Parcel Name Address City State Zip Code Real Property Owners within 1,320 feet of the Graham Creek Substation 70726300016 Leffler, Glenn C. 16264 HWY 14 Ault CO 80610-9627 70727000035 Mackey, Kenneth P. 37125 CR 33 Eaton CO 80615-8524 70734000013 Optimum Art Glass, Inc. 36471 CR 33 Eaton CO 80615-8522 70734000020 Anderson Legacy Farms, LLC 15427 CR 74 Eaton CO 80615-8611 70734100027 Welsh, Jeffrey F. 36731 CR 33 Eaton CO 80615-8522 70734300029 Great Western Trail Authority C/O Town 223 1st Of Street Eaton Eaton CO 80615-3479 70734400041 Anderson, Don, Inc. 15427 CR 74 Eaton CO 80615-8611 70735000011 Noffsinger Manufacturing Co., Inc. PO Box 1150 Greeley CO 80632-1150 70735200012 KTC Farm, LLC 16350 CR 76 Eaton CO 80615-8705 70735200013 KTC Farm, LLC 16350 CR 76 Eaton CO 80615-8705 70735200014 KTC Farm, LLC 16350 CR 76 Eaton CO 80615-8705 70735300005 Leffler, Vic and Sons Inc. 35945 CR 35 Eaton CO 80615-8702 70735300015 Great Western Trail Authority C/O Town Of 223 1st Street Eaton Eaton CO 80615-3479 70735400006 J. Leffler Farms, Inc. 1555 Prairie Hawk Road Eaton CO 80615-8262 70735400017 Great Western Trail Authority C/O Town Of Eaton 223 1st Street Eaton CO 80615-3479 Real Property Owners within 500 feet of the Preferred Transmission Route 70702000046 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70702000047 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70702000055 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70702000058 Deines, Steven E. 41474 CR 33 Ault CO 80610-9647 70702301001 CR 33 LLC 32828 Vista Lake Road Greeley CO 80631-9695 70702301002 CR33 LLC 32828 Vista Lake Road Greeley CO 80631-9695 70702301004 CR 33 LLC 32828 Vista Lake Road Greeley CO 80631-9695 70702304003 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70702304004 School District RE -9 Ault CO 80610-1390 70702304007 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 Surface Property Owners, and Real Property Interests Real Property Owners within 500 feet of the Preferred Transmission Route 70702304008 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70702304009 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70702304010 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70702304011 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70702304012 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70702304013 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70702304014 Simpson, Cliff E. PO Box 211 Ault CO 80610-0211 70703000015 Meisner, Dixie Joyce 10270 W 74TH PL Arvada CO 80005-3831 70703000018 Amen, Keith W. 15400 CR 86 Pierce CO 80650-9202 70703000021 Winter, Dustin J. 41555 CR 33 Ault CO 80610-9646 70703000031 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70703000033 Achziger, Loren Earl PO Box 1053 Kingman AZ 86402-1053 70703000039 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70703000040 Sponsler, Joe Mark 15771 CR 84 Ault CO 80610-9701 70704000029 City of Greeley 1100 10th Street, Suite 401 Greeley CO 80631-3808 70704000034 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70704000035 RATHBUN ELLEN B 41710 CR 29 Pierce CO 80650-9310 70704000036 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70704000043 WATERMAN MICHAEL W 14499 CR 84 Ault CO 80610-9703 70704000044 DRAKE FAMILY PARTNERSHIP LLLP 10010 State Highway 14 Ault CO 80610-9720 70704100003 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70704100004 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70705000019 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70705000020 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70705000038 Freeman, Michael K. (BN) 13377 CR 84 Ault CO 80610-9705 70705000040 Lundquist, Michael A. 13252 CR 86 Pierce CO 80650-9313 70705200057 Boomer House LLC 1024 8TH ST Greeley CO 80631-1101 70706000003 Baiamonte, Mary K. Trust 41818 CR 25 Ault CO 80610-9734 70706000030 U.S.A. C/0 Bureau of Reclamation LM 450 Bldg. 20 Denver Federal Reg Center Denver CO 80225-0001 Surface Property Owners, and Real Property Interests Real Property Owners within 500 feet of the Preferred Transmission Route 70706000034 Tri-State Transmission Generation and Association PO Box 33449 Denver CO 80233-0449 70706100014 Baiarnonte, Mary K. Trust 41818 CR 25 Ault CO 80610-9734 70710000009 Gantz, Michael 40567 CR 33 Ault CO 80610-9648 70710000041 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70710200049 Winter, Oran Dwayne 405 Trailwood Drive Windsor CO 80550-5904 70710200051 Trujillo, Leonard R. PO Box 1343 Ault CO 80610-1343 70710400054 Ault Properties LLC Po Box 406 Platteville CO 80651-0406 70710400056 Long, Harold L. 40471 CR 33 Ault CO 80610-9648 70710400057 Long, Harold L. 40471 CR 33 Ault CO 80610-9648 70711000005 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70715000021 Danielson Ray Inc. 39376 CR 31 Ault CO 80610-9724 70715000058 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70715100021 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70715200019 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70715200020 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70722000011 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70722000012 Magnuson, Susan Louise 50 Cherry Ave Unit 9 Eaton CO 80615-3684 70722000013 Magnuson, Susan Louise 50 Cherry Ave Unit 9 Eaton CO 80615-3684 70722000048 ILCO Farms LLC 38301 CR 33 Eaton CO 80615-8431 70722000062 City of Thornton 9500 Civic Center Drive Thornton CO 80229-4326 70722100016 Herrell, Russ 38993 CR 33 Ault CO 80610-9650 70722100017 Hall, Andrea M. 0 West CR 33 Eaton CO 80615 70722100067 Ram Land Co. LLC C/O Mark Drouhard Mead CO 80542-0003 70723000014 Magnuson, Susan Louise 50 Cherry Ave Unit 9 Eaton CO 80615-3684 70723000015 Magnuson Ted Family Trust 50 Cherry Ave Unit 9 Eaton CO 80615-3684 70726000013 Podtburg Dairy, LLLP 37905 CR 35 Eaton CO 80615-8722 70726200004 Leffler, Glenn C. 16264 Highway 14 Ault CO 80610-9627 70726200005 Leffler, Glenn C. 16264 Highway 14 Ault CO 80610-9627 70726200014 Leffler, Glenn C. 16264 Highway 14 Ault CO 80610-9627 70726400020 Leffler Brothers LLC 35945 CR 35 Eaton CO 80615-8702 70727000024 Leffler Land & Livestock Inc. 1305 Colorado Pkwy Eaton CO 80615-9097 Surface Property Owners, and Real Property Interests Real Property Owners within 500 feet of the Preferred Transmission Route 70727000025 Ogan Ivan& Sons Inc. 37546 CR 31 Eaton CO 80615-8519 70734000013 Optimum Art Glass Inc. 36471 CR 33 Eaton CO 80615-8522 70734000020 Anderson Legacy Farm LLC 15427 CR 74 Eaton CO 80615-8611 70734300029 Great Western Trail Authority 0/0 Town 223 1st Street Of Eaton Eaton CO 80615-3479 70734400042 Don Anderson Inc. 15427 CR 74 Eaton CO 80615-8611 70735000011 Noffsinger Manufacturing Co Inc. PO Box 1150 Greeley CO 80632-1150 70735200014 ITC Farm LLC 16350 CR 76 Eaton CO 80615-8705 70735300005 Leffler, Vic & Sons Inc. 35945 CR 35 Eaton CO 80615-8702 70735300015 Great Western Trail Authority 0/0 Town Of Eaton Eaton CO 80615-3479 70735400006 J Leffler Farms INC 1555 Prairie Hawk Road Eaton CO 80615-8262 70735400017 Great Western Trail Authority 0/0 Town Of Eaton 223 1st Street Eaton CO 80615-3479 Source: Weld County Assessor, March 29, 2019 4411012 Pages: 1 of 4 06/28/2018 11:10 AM R Fee: 28,00 Carly Koppes, Clerk and Recorder, Weld County, CO III J'P)t k1 di'aPi'hJ I III SHORT FORM OPTION AGREEMENT THIS Short Form Option Agreement, is made as of weV , 2018 by and between ITC Farm, LLC, a Colorado limited liability company (" eller"), and Public Service Company of Colorado, a Colorado Corporation ("Purchaser"). For and in consideration of One Dollar ($1.00) and other valuable consideration paid Purchaser to Seller, Seller hereby grants to Purchaser the exclusive option to purchase (the "option") the property described on Exhibit A attached hereto (the "Property"), This Short Form Option Agreement is executed and is to be recorded for the purpose of giving notice of that certain Option Agreement entered into as of the date hereof between Seller and Purchaser regarding the option to purchase the Property (the "Option Agreement") and is in no way intended to supersede or vary the terms or conditions of the Option Agreement. FU2ateHfl5E2' 'Public Soviet Companti of CAoreckcio, cx .� . (oracio Corporation By: Its: hn 0. Lupo Omar _ fan icing & Lana Rights Xcel Energy Se ces, Inc. as Authorized Agent for Public Service Company of Colorado LLE latolt€IttgirSelt: • C Farm, LLC, a CZ(b (O4CI� Uyvi4cd liobilCoAnpany By: )(e" Tts:�.�C�.yL�, US.118679548.01 4411012 Pages: 2 of 4 r 06/28/2018 11:10 AM R Fee:$28.00 $28.00 Carly. Koppes, Clerk and Recorder, Weld County 1 CO ifiFFFA N IL 'I1+t'i N�k1'iJ4�i l r��' c �III STATE OF COLORADO COUNTY of ki•J ti d ss. The foregoing instrument was acknowledged before me this June. , 2018, by -forY1 C'..J1son the Farm, LLC My commission expires: q 3 Q • to2-40 STATE OF COLORADO ) ss. COUNTY O DENVER Notary I ublic ArviBER S. DEDtS Notary Public State of Colorado Notary ED # 2O164O37627 My Commission Expires 9-30-202 0 The foregoin ko was acknowledged before me this �. day of 201$, by �{�(� , as Awatatheintid Public Service Company ofColorada, a Colorado Corporation. My commission expires: 9-oogizto .oary Pub Tic AMBER S. DEDUS Notary Public State of Colorado Notary 1 44 2016403 7621 My Commission Expires 09-3O-2920 of KTC US.118679548.01 a I I I a i I 4411012 Fages: 3 of 4 @6/28f2018 11:10 AM R Fee;$28.00 Carly Koppes, Clerk and Recorder, Weld Gouty, CO VIII romitietionivuom MIKA AMIE likes 111111 EXHIBIT A LEGAL DESCRIPTION BETWEEN TEN (10) AND FIFTEEN (15) ACRES LOCATED IN THE SOUTHWEST QUARTER (SW %) OF THE NORTHWEST QUARTER (NW %) OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO I I I I I I I I iE I I I I I �\ I <44 \lo S r t • • pair a masts % `�•• 41 �3T•w • • a'. •�eda.t�f ..4.••••••••-••••-•e t re1`1�...-�.. j��• .••w.r•�.. s•�•PT•..�.r-.•.ab.•w..Tf.�. �Y• Y.rs.h•Y-i Y4•,•'^. �.. •!` •�•�•• sar 'y ,ti Wan all MIAMI — allA r l PRELIMI# RY / NOf roRCONSTRUCTION rP. t....f.. W.3y1lara re* a KAM hs' rata .a. -p. MIN. •sa•ea, a...a ....y�.a{!. nabs* ..•.p 04. WI • .• . ins vhn.esea.- s., l4* farms iar3i. m . i imam .•.aear.a..► GRAHAM CREEK *Ma Miltialinit RtiaeiPW4ver i 0 igerand 094540SAO ISO I VSRCR 1 I US] 1867954101 4411012 Pages: 4 of 4 06/28/2018 11:10 AM R Fee : $2W�a00 CountyGO Carlyf�ot�t�es, Clerk and �� 1Q4 I��1�11141 APv F , Ato -era* FRONT RANGE TITLE, LLC Front Range Title of Downtown Denver, LLC 770 Clarkson Street Denver, Colorado 80218 303-831-9091 - Phone 303-831-9092 - Fax Order Number: Date: Seller: Buyer/Borrower: Property Address: Designated Closer: Title Examiner: TITLE INSURANCE COMMITMENT TRANSMITTAL NF02335 March 02, 2018 KTC Farm, LLC Public Service Company of Colorado, a Colorado Corporation 16350 County Road 76, Eaton, CO 80615 Donna Hood Nathaniel B. Fay ENCLOSED PLEASE FIND: * * * Copy List: TITLE INSURANCE COMMITMENT TAX CERTIFICATE COVENANTS/EXCEPTIONS/PLAT ENDORSEMENT TO COMMITMENT Public Service Company of Colorado, a Colorado Corporation 1800 Larimer Street Suite 400 Denver, CO 80202 Phone: Fax: e-mail: karen.j.delamore@xcelenergy.com KTC Farm, LLC CO Phone: Fax: e-mail: Attn: Phone: Fax: e-mail: WE APPRECIATE THE OPPORTUNITY TO PROVIDE YOUR TIRE INSURANCE AND CLOSING NEEDS. File No. NF02335 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File Number, NF02335 Commitment Number: NF02335 1. Effective Date: February 26, 2018 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Proposed Insured: 2006 (Standard) Public Service Company of Colorado, a Colorado Corporation (b) A.L.T.A. Mortgagee's 2006 (Standard) Proposed Insured: Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: KTC Farm, 1LC 5. The land referred to in this Commitment is described as follows: Lot C PT NW4 35-7-66 Lot C REC EXEMPT RE -3252 (2.48R), County of Weld, State of Colorado. Authorized Ccuntersigna u, Nathaniel B. Fay, Title Officer File No. NF02335 Research and Examination Fee: $580.00 Page 2 of 12 SCHEDULE B - Section 1 File Number: NF02335 Commitment Number: NF02335 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. a) The Warranty Deed must be sufficient to convey the free simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule "A", Item 2A b) The Deed of Trust must be sufficient to encumber the fee simple estate or interest in the land described or referred to herein, for the benefit of the Proposed Insured, Schedule "A" Item 2B or (2C). 3. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS §10-11-122). 4. Payment of all taxes charges and assessments, levied and assessed against the subject premises which are not yet due and payable. THIS COMMITMENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE TOTAL LIABILITY OF THE COMPANY HEREUNDER IS LIMITED TO THE AMOUNT PAID FOR THIS COMMITMENT. Said Lot shown of Schedule A herein was described and conveyed by the following: Warranty Deed, recorded May 15, 1915 at Reception No. 214732-1 ; Warranty Deed, recorded January 14, 1949 in Book 1240 at Page 414 at Reception No. 1049663-1 ; Warranty Deed, recorded April 6, 1964 in Book 511 at Reception No. 1433154-2 ; Personal Representative's Deed, recorded April 18, 2007 at Reception No. 3469838 ; Quitclaim Deed, recorded March 31, 2014 at Reception No. 4005718 and Personal Representative's Deed, recorded April 4, 2016 at Reception No. 4192874 . File No. NF02335 Page 3 of 12 SCHEDULE B - Section 2 File Number: NF02335 Commitment Number: NF02335 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Taxes for the year 2018, a lien, but not yet due and payable. 9. Those taxes and special assessments which become due and payable subsequent to Date of Policy. 10. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 11. Right of Way for the Graham Seepage and Drainage Ditch as excepted within Warranty Deed, recorded April 6, 1964 in Book 511 at Reception No. 1433154-2 . 11a. Taxes, liens, fees and assessment by virtue of inclusion of the subject property within the Northern Colorado Water Conservancy District, Eaton Fire Protection District, West Greeley Soil Conservation District and the North Weld County Water District, as noted on Warranty Deed, recorded April 6, 1964 in Book 511 at Reception No. 1433154-2 . 12. Oil and Gas Lease, granted to T. S. Pace, dated May 5, 1970 and recorded July 13, 1970 in Book 629 at Reception No. 1551149-2 . 13. Oil and Gas Lease, granted to Carbonit Exploration, Inc., dated February 2, 1981 and recorded April 10, 1981 in Book 933 at Reception No. 1854766-1 . Affidavit of Production, recorded June 4, 1984 at Reception No. 1969169-1 . Ratification of Oil and Gas Lease, recorded June 21, 1984 at Reception No. 1971371-1 . Affidavit of Production, recorded October 6, 2006 at Reception No. 3425584 . Affidavit of Production, recorded October 6, 2006 at Reception No. 3425585. Affidavit of Extension of Oil and Gas Lease(s) by Production, recorded April 6, 2011 at Reception No. 3760693 . 14. Pipeline Right -of -Way Grant, granted to Associated Natural Gas, Inc, recorded March 31, 1983 at Reception No. 1922062-1 . 15. Use by Special Review, USR-930, recorded February 7, 1991 at Reception No. 2240825-1 . 16. Recorded Exemption No. 0707-35-2 RE -3252, recorded September 3, 2002 at Reception No. 2984451 (2) . 17. Amended Use By Special Review, #930, recorded September 13, 2002 at Reception No. 2987220 . File No. NF02335 Page 4 of 12 18. Resolution, RE: Approve Vacation of Use by Special Review Permit #82 -Duane and Frances Wilson recorded September 26, 2002 at Reception No. 2990533 . 19. Resolution, RE: Approve Partial Vacation of Use By Special Review Permit #930 -Duane and France Wilson, recorded September 27, 2002 at Reception No. 2991033 . 20. Memorandum of Surface Damage and Release Agreement, recorded March 3, 2006 at Reception No. 3367917 . 21. Pipeline Easement, granted to Kinder Morgan Interstate Gas Transmission LLC, recorded April 25, 2008 at Reception No. 3549939 . Amendment to Pipeline Easement, recorded March 16, 2009 at Reception No. 3610964 . 22. Non -Exclusive Pipeline Right -of -Way Grant, granted to DCP Midstream, LP, recorded February 3, 2009 at Reception No. 3602993 . 23. Memorandum of Agreement, recorded December 1, 2010 at Reception No. 3735480 . 24. Eaton Organic Recycling Facility, Eaton, CO, Proposed USR Boundary, USR14-0030, recorded March 16, 2016 at Reception No. 4188708 . File No. NF02335 Page 5 of 12 DISCLOSURES File No.: NF02335 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Front Range Title of Downtown Denver, LLC conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy► and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No. NF02335 Page 6 of 12 File No. NE02335 Page 7 of 12 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business transactions and maintain your business and managing customer transactions, mailing, and auditing orders and legal investigations. purposes— account. to This accounts, services, process may include such as and responding your running the processing to court Yes No For our marketing purposes— you. to offer our products and services to Yes No For joint marketing with other financial companies No We don't share For our affiliates' about your transactions related by common non -financial companies. Stewart name; financial everyday and ownership Our companies, business experiences. affiliates or control. may such purposes— Affiliates They as information are companies can be financial include companies Stewart Title and with a Company Yes No For our affiliates' everyday business purposes— about your creditworthiness. information No We don't share For Stewart marketing our affiliates to has developed even though market to you a means for such mechanism — For your to opt is not convenience, out from its affiliates legally required. Yes Yes, address Stewart location email 1-800-335-9591. send file that to optout@stewart.com your used number is first and last name, the email in your transaction, your and the Stewart office handling your transaction by or fax to you For non -affiliates to not related by common and non -financial companies. market to ownership you. Non -affiliates are companies or control. They can be financial No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title about their practices? Companies notify me We must notify you about our sharing practices when you request a transaction . How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? ■ request insurance -related ■ provide such information services to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No. NF02335 Page 8 of 12 SIG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents WHAT DO/DOES THE Front Range Title of Downtown Denver, LLC DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Front Range Title of Downtown Denver, LLC , and its affiliates ( ), pursuant to Title V of the Gramm -Leach -Bliley Act (ELBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies., such as Front Range Title of Downtown Denver, LLC , need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For maintain customer and our everyday your accounts, responding account. to business This such court may as processing orders purposes include and legal to process the your transactions business and managing mailing, and auditing and services, Yes No running transactions, investigations. For our marketing purposes- to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our transactions ownership affiliates' and or control. everyday experiences. They can business Affiliates be purposes— are financial companies and information related nonfinancial companies. about your by common Yes No For our affiliates' creditworthiness. everyday business purposes information about your No We don't share For our affiliates to market to you Yes No For nonaffiliates common ownership to market or control. to you. They can Nonaffiliates be financial are companies and not nonfinancial related companies. by No We don't share We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do/does Front Range Title of We must notify you about our sharing practices when you request a transaction. Downtown their Denver, LLC notify me about practices? How do/does Front Range Title of To protect your personal information from unauthorized access and use, we use Downtown Denver, LLC protect my security measures that comply with federal and state law. These measures include personal information? computer, file, and building safeguards. How do/does Front Range Title of We collect your personal information, for example, when you Downtown Denver, LLC collect my • request insurance -related services personal information? • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Front Range Title of Downtown Denver, LLC File No. NF02335 Page 9 of 12 ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart *title guaranty company STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stewart Authorize0 Cc_.nt Nigh Nathaniel B. Fay, Title Officer Front Range Title of Downtown Denver, LLC 770 Clarkson Street Denver, CO 80218-3204 title guaranty company copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. NE02335 Senior Chairman of the Board Chairman of the Board President - to r .t.tl'e guaranty *. hill .lilt, .AN LAD.; h Writ V OL% Y.III II Page 10 of 12 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules etc http://www. alta. orgt>. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. NF02335 •fie guaranty cornpary LAikiik i411 i A `el to. P42.i 7..RV Page 11 of 12 File No. NF02335 Air F , Ato -era* FRONT RANGE TITLE, LLC Front Range Title of Downtown Denver, LLC 770 Clarkson Street Denver, Colorado 80218 303-831-9091 - Phone 303-831-9092 - Fax dhoodefrii.com - email ATTN: WIRE INSTRUCTIONS KEY BANK 100 Broadway Denver, CO 80202 ABA►#307070267 CREDIT TO ACCOUNT #766931007179 ACCOUNT NAME: FRONT RANGE TITLE OF DOWNTOWN DENVER, LLC Escrow Account ***NOTE!!! Our bank's wire department is closed by 3:30 p.m. Mountain Time each day. Please keep this in mind when ordering funds. Funds not received by the time of closing WILL NOT DISBURSE!*** Please reference the file number and file name when wiring. Should you have any questions, do not hesitate to call. *Our bank will not accept ACH payments.* **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify information prior to sending funds** Page 12 of 12 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: Please see Mineral Status Report Property Legal Parcel Number: 70735200014 STATE OF COLORADO ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached 1st is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-10 2 through 104. By: Title: The foregoing instrument was subscribed and sworn to me this AL day of ill WITNESS my hand and official seal. My Commission Expires:loin- 9202 t_ SUZANNE SIMMONDS NOTARY PUBLIC STATE OF UTAH My Comm. Exp 2/24/2021 Commission # 706315 Notary Public 2o ig . March %/, 2019 Mr. Larry Claxton Principal Agent Siting and Land Rights Xcel Energy/Public Service Company of Colorado 1800 Latimer Street, Suite 400 Denver, CO 80202 Re: Mineral Estate Owner - Waiver of Right to Notice by Certified Mail for Initial Public Rearing w CRS 24-65.5-101 et seq./Notification of Surface Development ("Notification Statute") a Public Service Company of Colorado Application for Development a Weld County Docket #2019414, PL2623 Dear Mr. Claxton: This letter shall serve to confirm that you have delivered a written notice (copy attached) to me, as a mineral estate owner, for the public hearing set for Tuesday, March 19, 2019, regarding Public Service Company of Colorado's pending application for development in Weld County (Docket #2019-04, P12623). Because I received written notice of that hearing from you, as permitted by the Notification Statute, I hereby waive the right to receive notice by certified mail as otherwise required pursuant to the statute. You may present this letter to Weld County to confirm that the public hearing notice requirement for mineral estate owners under the Notification Statute has been met. Sincerely yours, T. Farm, LLC Owner, Mineral Estate By /091-7 46/ -cName-e f& k Tom Wilson, Manager 16350 WCR 76, Eaton, CO 80615 (Address) Attachment cc: Weld County US. i 22296434.01 March 13, 2019 Mr. Larry Claxton Principal Agent Siting and Land Rights Xcei Energy/Public Service Company of Colorado 1800 Latimer Street, Suite 400 Denver, CO 80202 Re: Mineral Estate Leasehold Owners - Waiver of Right to Notice by Certified Mail for Initial Public Hearing - CRS 24-65.6-101 et s eq./Notification of Surface Development ("Notification Statute") - Public Service Company of Colorado Application for Development - Weld County Docket #2019-04, PL2623 Dear Mr. Claxton: This letter shall serve to confirm that you have personally delivered written notice (copy attached) to me, as a leasehold mineral estate owner, for the public hearing set for Tuesday, March 19, 2019, regarding Public Service Company of Colorado's pending application for development in Weld County (Docket #2019-04, PL2623). Because I received written notice of that hearing directly from you, as permitted by the Notification Statute, I hereby waive the right to receive notice by certified mail as otherwise required pursuant to the statute. You may present this letter to Weld County to confirm that the public hearing notice requirement for mineral estate owners under the Notification Statute has been met. Sincerely yours, Bayswater Resources,►LL By: Name: s Belcher Its: Land Manager 730 17th Street, Suite 500 Denver, CO 80202 oier Attachment cc: Weld County Bayswater Fund III-A,'L,LC r.' By: . Name: Kris Belcher Its: Land Manager 730 17th Street, Suite 500 Denver CO, 80202 US .122292424.02 NOTICE OF PUBLIC HEARING BEFORE THE WELD COUNTY PLANNING COMMISSION WELD COUNTY, COLORADO A PUBLIC HEARING will be held by the Weld County Planning Commission on Tuesday, March 19, 2019 at 12:30 p.m. in the Hearing Room, Weld County Administration Building, 1150 Street, Greeley, Colorado, to consider a 1041 Areas and Activities of State Interest, Major Facilities of a Public Utility, Section 1041 Permit Application for a 230 kV electric transmission line and substation submitted by Public Service Company of Colorado (Weld County Docket #2019-04, PL2623). The location and legal description of the property that is the subject of the hearing is as follows: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LOT C, RECORDER EXEMPTION NO. 0707-35-2 RE -3252, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 35, ASSUMED TO BEAR SO4a16'58"W A DISTANCE OF 2666.59 FEET FROM A 2.5" ALUMINUM CAP L.S. #23513 FOUND AT THE NORTHWEST CORNER OF SAID SECTION 35 TO A 2.5" ALUMINUM CAP L.S. #23513 FOUND AT THE WEST QUARTER CORNER OF SAID SECTION 35; BEGINNING AT THE INTERSECTION POINT OF THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 33 AND THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 35 SAID POINT BEARS N88'33'04"E ALONG SAID SOUTH LINE, A DISTANCE OF 30.15 FEET FROM SAID WEST QUARTER CORNER OF SECTION 35; THENCE ND4`16158"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1198.68 FEET; THENCE SO6 3 ' 3r+'E A DISTANCE OF 220.96 FEET; THENCE S 1 *1825 "E A DISTANCE OF 299415 FEET; THENCE 334'24131"E A DISTANCE OF 303.31 FEET; THENCE S48'43' 8"E A DISTANCE OF 297.41 FEET; THENCE $6D'15"S8"E A DISTANCE OF 274,87 FEET; THENCE S73'15" 4"E A DISTANCE OF 299.02 FEET TO SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 35; THENCE S88'33'04"W ALONG SAID SOUTH LINE, A DISTANCE OF 1151.36 FEET TO THE POINT OF BEGINNING; WHENCE SAID NORTHWEST CORNER OF SECTION 35 BEARS ND3• 8'15"E A DISTANCE OF 2663.75 FEET; SAID PARCEL CONTAINS 404,384 SQUARE FEET OR 9.283 ACRES, MORE OR LESS. February 28, 2019 LJ .122195846.01 Mineral Status Report Nathaniel B. Fay Abstracter The mineral status on the property described as the Graham Creek Parcel through the Records of the Weld County Clerk and Recorder, State of Colorado. The records of the Weld County Clerk and Recorder were reviewed through July 9, 2018 at 8:00AM. LEGAL DESCRIPTION: The Northwest One -Quarter of Section 35, Township 7 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado. I have reviewed the chain of title for both the surface ownership and mineral ownership in the Weld County Clerk and Recorder's recorders records: The mineral estate is vested in the surface owner: KTC Farm, LLC, by virtue of the Personal Representatives Deed from the estate of Duane A. Wilson, deceased, to KTC Farm LLC, recorded April 4, 2016 at Reception No. 4192874. The following documents affect the mineral interests: Oil and Gas Lease, granted to Duane A. Wilson and Frances E. Wilson to T. S. Pace, dated May 5, 1970 and recorded July 13, 1970 in Book 629 at Reception No. 1551149-2; Oil and Gas Lease by Duane A. Wilson and Frances E. Wilson to Carbonit Exploration, Inc. , dated February 2, 1981 and recorded April 10, 1981 in Book 933 at Reception No. 185766. Affidavit of Production, recorded June 4, 1984 at Reception No. 1969169. Ratification of Oil and Gas Lease, recorded June 21, 1984 at Reception No. 1921371, Affidavit of Production, recorded October 6, 2006 at Reception No. 3425584. Affidavit of Production, recorded October 6, 2006 at Reception No. 3425585. Affidavit of Extension of Oil and Gas Lease(s) by Production, recorded April 6, 2011 at Reception No. 3760693. There were no other documents of record affecting the mineral estate. Dated July 12, 2018 By Nathaniel B. Fay, Abstracter //signed/1/ Recorded s# 1 JUL 1 3 1970 TH:nr° Rot 4551ia9 Aww SpOnre RoCOfda r n In i 1 Crs criet ref rel eel 0 li U.i nag CD p elt Roos 629VT! furnt S&-(Producefl) OIL AND GAS LEASE iimicxes Kan,. Okla. & Colo. 1957 ..r THIS AGREEMENT, Entered into this the5__day of is between and MAMMA. WILSON and FRANCS E. WILSON, husband and tie Rt. #2, Baton, Colorado 80615 P. Se PACE, 318 Patterson Bldge Denver Colorado 80202 hereinafter called lessor, hereinafter called lessee, does wilne'u. I That lessor, for and In conelderatlgn of the sum of _ tnt & m+ —Milan in hand paid and of the eavena>7ta and agreements hereinafter eant:tinrrf to be performed by the lessee. has this day granted. leased, and let and by these presents does hereby grant. Itase, and let exclusively unto the lessee the hereinafter described land. and stab the right to unitize this tease or any part thereof with other oil and gas leases as to all or any part of the lands covered thereby as hereinafter provided. for the purpose of carrying on geological. geophysical and other exploratory work. including core drilling. and the drilling, mining. and operating for_ producing. and saving all of the oil. gas. castnghead gas, eaein;head gasoline and all other gaits and their respective constituent vapors. and for constructing roan. laying pipe Imes. building tank%. storing oil. building power stations. telephone lines and other structures thereon nece .ury or convenient for the economical operation of said land alone or COnjotntly with neighboring lands. to produce, save, take tare of. and munufecturc all of titter' sutl;tances. and for housing and boarding employees, said tract of Jand with any reversionary rights therein being situated in the County or Weld . State or . and described as follows lawnshiro 7 Nsegehs, Rana 66 West of 6th EU Section 35: a.id containing _ 1693 °Cleres. wore or ir'.\ 2 IL as agreed that this lease shall remain in full force [or a term of.,five - 5 _years from this date, and as long thereafter as all or gas or either of them. is produced Irons said land 'or from lands with a Pitch said land is consolidated' or the prterstate ere being developed or open:terf 3 In consideration of the premises the said lessee covenants and agrees To dettver to the credit u' lessor. free of cost. In the pipe Ltne to whtch leases may connect his wells. the equal One -eighth i ire part of all oil produced and saved from the leased premises. 4 The lessee shall monthly pay lessor as roytley on gas marketed from each well where gas only is found, one -eighth r'.s' of the proceeds t! sold at the wellor if marketed by les.re off the 'rased premises then ono -eighth ''s' of Kb market value at the well The lessee shall pay the lessor 'al one-eaithtl- ''■ of the prorcedt received by the lessee horn the sale of casinghead gas produced from any oil well. 'bp one -eighth ''ts of the "sour al the mouth of the well, computed at toe prevailing market price of the castnghead gas. produced tram any oil well and used by lessee off the leased premise% for any purpose or used on the le and pry emcee by the lessee for purposes other than the devreopmrnt and operation therut Lessor shalt have the privilege at his own risk and reptile: of usoth ems horn any gas well on said land for stoles and inside lights in the principal dwelltng located on the Leased premises by making his own connectiine thereto Where gas from a well or wells. caparde of producing gas onlyis not said or used for a peeled of one year. lessee shall pay cr tender as royalty, an amount equal to the delay rental Is provided in paragraph '5' hereol payable annually on the anniversary date of this Lease loilowtng the end of each such year during which such gas Is nut sold or used and while said royalty is so paid or tendered this lease shall be held as a producing properit under para- graph numbered two hereof. + 5 If uper&tidies tar the drilling of a well (or oil or gas are not commenced on said land an or before the_ith _ day or _ - - ._ - 19 72 this lease shall terminate we to both parties. gutless the 'cute shall en or before 'aid dale pay or tender to the lessor or for the lessor's credit in the Egrallera .. _i . _ • Bank QC salt , of Ault a go2Q_Vidg_OP6i9. censors are the lessor's agent and shall continue as the depository of any and all sums payable under this lease regardless of of changes of ownership in said 09 land or in the oil and gas or in the rentals to accrue hereunder. the sum of One Ant 11 _Dollars, which shall op - crate as a rental and cover the privilege or deferring the commencement of operations Oar drilling for • period of one year In like manner and upon like payments or tenders the commencement of operations for drilling may further be deferred for like periods successively All payments or tenders may be made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct to lessor or assigns or to said depository bank and it le understood and agreed that the consideration first recited herein. the down payment. covers net only the privilege granted to the date when said first rental is payable as aforesaid. but also the lessee's option of extending that period as aforesaid and any and all other rights conferred Lessee may al any time execute and deliver to lessor. or place of record ■ release or releases covering any portiren or portions of the above described premises rind thereby surrender this. lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered. and thereafter the rental's payable hereunder shall be reduced in the proportion that the acreahe covered hereon is reduced by said release or releases 6 Should the first well drilled on the above described land be a dry hole. thenand in that event. if a second well is not commenced on said land within twelve month; from expiration of the last rental period weir which rental has heen paid. this lease shall terminate as to -both parties. unless the lessee on or before the expltatiotl of said twelve months shell resume the payment of rentals in the same amount and in the same manner as herelnbefore pros -sled And it is agreed that upon the resumption of the payment of rentals as above provided. that the last preceding paragraph hereof. governing the payment of rentals and the effect thereof shall continue in forte Just as though there wad been no Interruption in the rental payments 7 If said tensor owns a less Interest in the above described Land than the entire and undivided fear simple estate thereinthen the royalties and rentals herein provided shall be paid the lessor only in the proportion which his interest bears to the whole end undivided fee However such rental shell be in- creased wt the next succeeding recital annivrtrary after '.rty reversion occurs to cover the interest so acquired or Its successors- which Hank and Its 511C - The IrsM't shill have the richt to usefree of cost gas. oil and water found ore said land for Its operations thereon except water from the wells of the lessor When required lay lessor_ the lessee shall bury its pipe lines below plow depth and %hull pay for damage cauzed by its operations to growing crops on said land No weal shall be drilled nearer than 200 reel to the house or barn now on said premises. without written consent of the lessor Lessee shall have the right al any time during. or alter the capitation of this lease to remove all machinery. fixtures' houses. buildings and other structures placed on said premises Including the right to draw and remove all casing Lessee agrees. upon the completion of any test as a dry hole or upon the abandonment of any producing swell to resinre the premisies to their original contour as near as practicable and to remove rill Installations within a reasonable time p if the estate of tinter party hereto Is assignedland the privilege of neatening in whole or in part as expressly allowed the covenants hereof shall extend to the heirs. devisees. executors. administrators. successors, end assigns. but no change of ownership in the land or in the rentals or royalties or any sum due under this lease shall be binding on the lessee until it. has been furnished with either the original recorded instrument of conveyance or a duly certified copy thereof or a certified copy of the will of any deceased owner and of the probate thereof. or certified ropy of the p..jceedtngs showing appointment at an administrator for the estate of any deceased owner. whichever is appropriate, together with all original recorded instruments of conveyance or duly certi- fied Copies inertial necessary in showing a complete chain of title back to lessor to the full Interest claimed. and all advance payments of rentals made here- under before receipt of said documents shall be banding on say direct or indirect assignee. greater. devisee, administrator. executor, or heir of lessor to it is hereto, agreed that in the event this lease shall be assigned as to a pert or as to pans of the above described land and the holder or owner of any such part or parts shall make default in the payment of the proportionate part of the rent due from hien or them such default shall not operate tei defeat or erfect th:s lease insofar as it covers a part of srttd land upon which the lessee or any assignee hereof shall make due payment of said rentals it Lessor hereby warrants and agrees to defend the title to the land herein described and agrees that the lessee. at Its option. may pay and discharge in whole or an part any taxes. mortgages. or other liens existing. levied. or assessed on or against the above described lands and. in event it exercises such option, it shall tie subrogated to the rights of my holder or holders thereof and may reimburse itself by applying to the discharge of any oath mortgage. Lae or other teen. any royalty or rentals accruing hereunder 12 blotrrltnstanding anything in this lease contained to the contrary, it is expressly agreed that if lessee shall commence operations for drelling at any rime while this lease Is in force. this lease shall remain in force and its terms shall continue so long sa such op ersttons are prosecuted and. if production results therefrom. then as long as production continues If within the primary term of this lease, production on the leased premises shall Ctase from any cause. this lease *hall not terminate provided opt- rationr for the drilling of a well shall be commenced bedsore or on the next ensuing rental paying date: or, provided lessee begins or resumes the payment at rentals in the manner and amount hereinbefore provided If. after the expiration of the prinsasy term of this lease, production on the leased premises shall cease from any cause. this lease shall not terminate provided lessee resumes operation for re -working of drilling a *ell within sixty '00i days from such cessation and this least shall remain in force hiring the prosecution of such operations and. if production mulls therefrom. then is long as production continues 13. Lessee lb hereby expressly granted the right and privilege i which Leswee may exercise at any time either before or after production has been obtained upon this premises or any premises consolidated herewith' to Consolidate the gas leasehold estate created by the execution and delivery of this lease - or any part or parts thereof. with any other Las leasebOld estate or estates to form one or more gas operating units of not to exceed sppE2 xtmately 640 acres each. It such operating unit or units Si so created by Lessee. Lessor agrees to accept and shill receive out of the gas production from ken such unit such portion of the gas royalty as the number of acres out of this lease placed In such unit beats to the total Dumber of acres included in such unit The corn- inencement or completion of a well, or the continued operation or production of gas from an existing well, on any portion Of an operating unit shall be construed and considered s the commencement or completion of a well. or the continued operation of. or production of gas from s well on each and all of the lands within and comprising such operating unit, provided, that the provisions of this paragraph shall not affect the payment or non-payment of delay rentals with respect to portions of this premises not included ins unit. but this lease as to such portions of thla premises no& included in a unit. shall be deemed to be a separate lease. In the event portions of the above described lands are meluitled in mental units, oath portion so included shall constitute s separate feaw and the particular owner or owners of the lands under each seeparase ISM shah be rashly instilled to the benefits of and be subject to the obligations of lessor under each separate least- Lessee shall execute in writing and record In the connQyanlee r+eaor+ds of the county in which the land herein leased Is situated an instrument identifying and describing the consolidated acreage. 1#. This less and ell ila terms. oonditsoaa and stipulations shall extend to. and be binding on each of the parties whir signs this lease, regardless at whether such Iesior is named above and regardless or whether it is slimed by any of the other parties herein named as learns This lease may be signer) an counterparts. Oath to hate the ante effe'c't as the exiglnal IN Wereldiad WHEettetie, we sign the day and year first above written. 5N i these : $42r ;;Ltstese„:::? Duane A. Wilson Ftences E. Wilson ao, 629 STATE OF, COUNTY OF On Colorado via 1551149 INDIVIDUAL(S) ACKNOWLEDGEMENT (Colorado, Nebraska, Wyoming, Utah, Ksas, North Dakota, South Dakota, Montana, 5 , 19 , before me personally appeared A. nista juvllitarioEq. WilBon% buSband and wife av %..;:to Satelcno ' "Nib.• tr pctta`un(s) described in and whose name(s) is (are) subscribed and who executed the foregoing instrument 'a a s , tn'e that he (she) (they) duly executed the saint as his (her) (their) free and voluntary act and deed, including the sltr Of the right of homestead, the said wife (wives) having been by me fully apprised of het (their) tibkt(s) and • : 4.tifect *wag acknowledging the Said instrument, Given under my hand and seal the d and year laSt aboVe Written,. 'tilfrig.ertilltriciiiliiist: April 1, A97& - Op t O" STATE OF COUNTY OF On , 19 Notary Public • • Residing at: Littl ° Colo. INDSVIDUAL(S) ACKNOWLEDGEMENT (Colorado, Nebrask.., Wyoming, Utah, Kansas, North Dakota, South Dakota, Montana. , before me personally appeared - - to rue known to be the person(s) described in and whose namets) is tare) subscribed and who executed the foregoing instrument and acknowledged to me that he (she) (they) dui} executed the same as his (her) (their) free and voluntary act and deed, includtnz: the release and waiver of the right of homestead, the said %% ire (e (wives) bovine been by me fully apprised of her (their) right(s) ass. effect of signing and acknowledging the said instrument. t•rven under lay hand and seal the day and year last above written. My Commission Expires: STATE OF _ COUNTY OF on . 19 \cram Fulfil i c Residing at: 1\fllViiM this► 'ILK NCVA1_l.i](�1_'nll. 'fi (Colorado, Nebraska. Wyoming, I tah. Kansas, North Dakota, South Dakota, tlontaanu. , before fine personally appeared to me known to be the persons) described in and whose ++4rntt s, r s t are) subs4. :bed and %kilo executed die foregoing instrument and acknowledged to me that he (she) (they) duly executed the same as his (her) (their) free and voluntary act and deed, including the release and waiver of the right of homestead, the said wife (wives) having been by me hilly apprised of her (their) right(s) and effect of signing and acknowledging the said itistrurneni. ('i ti en under my hand and seal the day and year last above written. 1Iy Commission Expires: Too Lra U, 1 OIL AND GAS LEASE 0 STATE OF COUNTY OF 41 ble f -s C tj i A C U I No. of Acres_ ss. it Ifl Notary Public Residtrtt at. C 1,1 C instrument was cal ed aro •V a 2 Cteal 0 +611 When recorded, return i CORPORATE ACENOWLI-:D(,kMENT (Colorado, Nebraska, Wyoming, Ptah, Kansas, North Dakota, South Dakota, Montana, On , 19 . before rat personally came the above named (who being by me duly sworn, did say that he is the President of a corporation, and that the seal affixed to said instrument is the corporate seal of said corporation) who is personally known to me to be the identical person and officer whose name is affixed to the above instrument as President of said corporation, and acknowledged the instrument to be his tree and voluntary act and deed and the free and voluntary act and deed of said Cor- poration; that said corporation executed said instrument and that said instrument was executed. signed and sealed on behalf of said Corporation by authority of its Board of Directors or by authority of its fly -Laws. My Commission Expires: Notary Public Residing at- a Recorded (It o'clock 500 �y 1854'766 'r� F�ec. NV, •r----ara,rwri. at APR 1 1981Austt,Sr i' 0 , Form $---t 1'`rnelurer' ) K an.. Okla. & t't,lu. J'957 C Rev ltiec-1 1)11 • A i 1N l State of Colorado, Weld County Clerk & Recorder 11, 1%S L aAaJcis THIS AGREEMENT, Entered into this thtF_,,Z_day- of .._Ee'+_b_`i. Y laetweerr r 1uane A. Wilson and Frances E. Wilson, husband and wife Route 2, Box 152, Eaton, Colorado 80615 , 1981 ar►dCarbort Ex Drat `nglewood, Co hexer}; lied lessor, - ,incj1 c • 6�. , Inverness Dr, f �. hereinalter called lessee, does witness: 1. That lessor, for and in consideration of the surer of -- — t T_ .n_ $t_ Mox e _- - - Dollars in hand paid and of the covenants and agreements hereinafter contained to be performed by the lu•ssee, has this day granted, leased, and let and by these presents does hereby grant, lease, and let exclu- sively unto the lessee the hereinee,fter described land, and with the right to unitize this lease or any part thereof with other oil and gas leases as to all or any part of the lands covered thereby as hereinafter provided. for the purpose or carrying on geological, geophysical and other exploratory work, in- cluding core drilling, and the drilling, mining, and operating for. producing, and saving all of the oil, gas, easinghrrari gets. casin'ithead gasoline and all other gases and their respective etenstitut'nt vapors. and for Constructing rr+ucls, laving pipe lint's. building tanks, storiria nil, building power stations, telephone lines and other structures thereon necessary Or convenient for the vet -own -Oral operationoperationof said land alone or conjointly with neighboring lands, to produce, save, take care of, and manufacture all of such substances, and fur housing and boarding employees, said tract at land with any reversionary rights therein being situated in the County of 0 state of „. Colorado 0 h 0 C C CD f r_ • Weld, . sets! rlesc•ritn•cl HI fenliptus: Om,- - .._._._ Township 7 North, Range b'6 West, 6th P.M Section 35: £1W 4 and containing _y4_ 0 e acres, more or less. , 2. It is agreed that this lease shall remain in full force for a term of _F' iv e ( 5 ) _ years from this date, and as long thereafter as oil or gas. or either of them, is produced from said land (or from lands with which said land is consolidated) or the premises are being developed or operated. 3. in consideration of the premises the said lessee covenants and agrees: To deliver to the credit of lessor, free of cost, in the pipe line to which lessee may connect his wells, the equal one -eight (1/8) part of all oil produced and saved from the leased premise's. 4. The lessee shall monthly pay knot- its royalty on gas marketed frctrri each well where gas only is found, one -eighth (1 /b) of the proceeds If sold at the well, or if marketed by knee off the leased premises, then oneeighth (1 18) of its market value at the well. The lessee shall pay the lessor: (a) one - eighth (11$), of the proceeds received by the lessee from the sale of casingheacl pa, produced from any oil well; (b) one -eighth gm) of the value, at the mouth of the well, computed at the prevailing market price. of the casinghead gas, produced from any oil well and used by lessee off the leased premises for arty purpose or used on the leased premises by the lessee for purposes other than the development and operation thereof. Leasor shalt have the privil- ege at his own risk and expense of using gets from any gas well on said land for stoves and inside lints in the principal dwelling located on the leased premises by making his own connections therethereto.Where gas from a well or wells, capable of producing gas only, is not sold or used for a period of one year. lessee shall pay or tender as royalty, an amount equal to the delay rental as provided in paragraph (5) hereof, payable annually on the anniversary date of this lease following the end of each such year during which such gas is nut sold or used, rind while said royally is so paid or tendered this lease shall be held as a producing property under paragraph numbered two hereof, 5. If operations for the drilling of a well far ryes f)r gas arc mil commenced oil said land on or before the_211j1 day of Febr*11 A 1"y is 82 - , this lease shall terminate as to both parties, unless the lessee' shall on or beton. said date pay or tender to the lessor or for the lessor's credit in the._w Farmers National _ stank at A U_ ALL , ,_ Co l_Qrd 0 cep (2 I 0 or its successors, which Rank and its successors are. the lessor's amnia and shall continue us the cicfn%Ittery r+t any and allstuns Duyaible under title tease regardless of changes of ownership in said land or in the oil and gas or in the rentals to accrue hereunder, the soot tut O l e Hundred Sixty Dollars, which shall operate as a rental and coyer the privilege of deferring the commencement of eai+eratiuns for drilling for a period of one year. in like manner and upon like payments or tenders the commencement of operations for drilling may further be deferred for Bice periods successively. All payments or tenders may be made by check or dials of. lessee va :tutu dasi;,EIIVe :.hvty„f, itiniuud tar w,?Uv, red Gr. err bcfcre thz rental ',eying date, rithzr direct to lessor or essigna or to said depository bank, and it Ls understood and agreed that the consideration first recited herein, the down payment, covers not only the privilege granted to the date when said first rental is payable res aforesaid, but also the lessee's option of extending that period as aforesaid and any and all other rights conferred, Lessee may at any time execute and deliver to Lessor, or place of record, a release or ree1easeat covering any portion or portions of the above described premises and thereby surrender this lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereon is reduced by said release or releases. 6. Should the first well drilled onthe above described land be: a dry hole. then, and 1n that event, if a second well Ls not commenced on said land within, twelve months from expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the lessee on or before the expiration of said twelve months shall resume the puynteent of rentals in the same amount and in the same mariner as hereinbefore provided. And it is agreed that upon the resumption of the payment, of rentals, as above provided, that the last preceding paragraph hereof. governing the payment of rentals and the effect thereof shall continue in force just us though there had been no interruption in the rental payments. - 7. if said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein. then the royalties and rentals herein provided shall he paid the lessor only in the proportion which his interest bears to the whole and undivided tee. However, such rental shall be increased at the next succeeding rental anniversary after any reversion occurs to cover the interest so acquired. 8. The lessee shall have the right to use, free of cost. gas, oil and water found on said land for its operation■ thereon, except water from the wells of the lessor. When required by lessor, the lessee shall bury its pipe lines below pilaw depth and shall pay for damage caused by its operations to growing crops on said land. No well shall be drilled nearer than 200 feet to the house ur barn now on said premises without written consent of the lessor. Leaser shall have the right at any time during. or after the expiration of. this lease to remove all machinery, fixtures, houses, buildings and other structures plated on said premises, Includina the right to draw and remove all casing. Lessee agrees. upon the completion of any test as a dry hole or upon the abandonment of any producing well, to restore the premises to their original contour us treat us Practicable and to remove all Installations within a reasonable time. J. if the estate of either party hereto is assigned (and the privilege of assigning in whole or in part is expressly allowed), the covenants hereof shall extend to the twits. devisees, executors, administrators, successors, :send assigns. but no change of ownership in the land or in the rentals or royalties or any sum due under this lease shall be binding on the lessee until it has been furnished with either the original recorded instrument of conveyance or a duly certified copy thereof' or a certified copy of the will of any deceased owner used of the probate thereof, or certified copy of the proceedings showing appointment of an administrator for the estate of any deceased owner, whie:hcver is appropriate, together with all original recorded instruments of con- veyance or duly certified copies thereof necessary in showing a completecompletechain of title back to lessor to the full interest claimed, and all advance pay- ments of rentals made hereunder before receipt of said documents shall be binding on any direct or indirect assignee, grantee, devisee. administrator. executor, or heir of lessor. 10. It is hereby agreed that in the event this lease shall be assigned as to a part or as to parts of the above described land and the holder or owner of any such part or parts shall make default in the payment of the proportionate part of the rent due from him or them, such default shall not operate to defeat or affect this lease insofar as it covers a part of said land upon which the lessee or any assignee hereof shall make due payment of said rentals. 11. Lessor hereby warrants and agrees to defend the title to the land herein described and agrees that the lessee, at itsoption, may pay and dis- charge in whole or in part any taxes, mortgages. ur other Hens existing. levied, or assessed on or against the above described lands and, in event it exercises such option. it shall be subrogated to the rights of any holder or holders thereof and may reimburse itself by applying to the discharge of any such mort- gage. tax or other lien, any royalty or rentals accruing hereunder. 12. Notwithstanding anything in this lease contained to the contrary. it is expressly agreed that if lessee shall commence operations for drilling at arty time while this lease is in force, this lease shall remain in force and its terms shall continue so king as such operations are prosecuted and, if produc- tion results therefrom, then as long as production continues. If within the primary term of this lease. production on thi- leasers premises shall cease from any cause, this lease shall not 'terminate provided eet operations for the drilling of a well shall be commencl before or on the next ensuing rental paving date; or, provided lessee begins or resumes the pay- ment of rentals in thy manner and ajili►ant he reinbrfnre• prei 'ide:d. If, arty) tier expiration or the primary term of this lease, production on the leased premises shall cease from any oust', this lease shall not te-rmseiuts• I►rivItle'ii le stir rensum its 'mentions fur re -working or drilling ee well within sixty (60) days from such ceasatictcl arid this lease shall rvini in in finer duringduringtsar prost•e•uLion of such erlrc•rutie,rtc and, if production results thereform, then as long as production continues, - 13. Lessee: is hereby given the right ;et ils option, at any time and from time to time, to pool or unitize all or any part ur parts of the above de- scribed land with lather land, lease, or leases in theimmediate vir#rtaty thereof. such pooling to be into units nut exceeding the minimum size tract on which a well may be drilled under lawn, rub's. or regulations to iortor• al thetime of such spooling or unitization: provided. however, (hit such units may exceed such ininiinnto by not these than ten twres if such e•Xet'ss is ttt•v•essarn- in order to conform to ownership subdivisions or -lease lints. Lessee shall exercise said option, as to each desired unit, by executing and recording an instrument identifying the unitized. area. Any well drilled or operations con- ducted on any part of each such unit shall be considered a well drilled or operations conducted under this lease. and there shall be allocated. to the portion of the above described land included in any sueh unit such proportion of the actual production from all wells on such unit as lessor's interest, if any, in such portion, computed on an acreage bassi*. shears to the entire acreage of such unit. And it is understood and agreed that the production so allocated Anil be considered for all purposes, including pay'm nt +'r rinlivrry ur ruvuhy, to he thn entire production from the portion of the above described land included in murk unit in thesame manure n•C thorei:h pre+rltte•e,I fr+fromthe ababoveele•sserilyrtl land under theterms of this lease. 14. Tithe beset, and all rile Iu rnis, conditions and sttirttl,tiiiin shall c-• tend in. and be birulirti: tin each of !he partpartiesMu) signs this lease, regardless of whether runt lessor is named above and t Ibgrirclitims of wis iii uit•el Iiv crnv idthe other parties herein named as lessors, This lease matbe signed in h counterparts, +'Sell to ate lOW•rata' flirt us the eerir;tn,el. Lessee agrees to restore lands as nearly as possible to IN WITNESS WLIEltPAW, we sign the day and year first above: written_ original condition in the event of drillin • Witness: . • FRANCES E. WILSON e-i-a•._ DUANE A. WILSON • tad by PAM P inting, 511 16th ht., !dente 222, (303) 89 681 I •. a ATE or . .«...........MISS....] ; Oklahoma, Kansas New Mexico, Wyoming, Montana. Colorado, Utah, is. • Nebraska North. Dakota, South Dakota COUNTY OF ..• . . ....a .•SSJ ACKNOWLEDGMENT INDfl9DUAL,. SEP° ME. the undersigned, a Notary Public. in and for said lrity and State. on rs•._. .r .•.. _ ... • 19 1 personally appeared 'Li .day at. U▪ sti te;Ir%tIttif ... • i4 e•�.Y • •a •T Imo, ilk app + . F . =i•. 71 I *. - :`� m •:yeti - • : ,1 : r LAC �; . to me known to be t e identical person.:`.., described in a who executed CI the w'rtl gf ifated Irig.+t` if to zirent ref writing and acknowledged to me that .. .. ,..duly executed the same as free and volup ity * �tadt d I. feu the trees and ur see therein set forth. I 1. ;,purposes II Oa OF Gov - IN WItN€ WIY.REOF, I have hereunto set my hand and affyed m1' notar#al s 13ihe day and ear last above written. • �) Commission on o mt1isz �,ll G �.; ,:?s 3 tiny' 1 My ` om• fission Expires - H...F+1..a.N.N•• sa. s.a..Y. j." ' • Notary Public. STA`T'E OF .,,....,.,. Oklahoma, Kansas, New Mexico, 'R+ om in Montana, Colorado, Utah, as. Nebraska. North Dakota, oath Dakota COU1 iI OF ..... ........ ..... ................. ._•..............r.. ACKNOWLEDGMENT — INDIVIDUAL BEFORE ME. the undersigned. a Notary Public. in and for` said County and State. on this..�a.•........ day of,19 ....... I personally appeared. .444._.4 to me known to be the identical person.described in and who executed the within and foregoing instrument of writing and acknowledged to me that and voluntary act and deed for the uses and purposes therein set forth. • .duly executed the same asaa_._._a..• ._.._..,....#ie+ee ti IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial_ seal the day and year last above written, My Commission Expires.` Notary Public. State of .. - Canty of .: On this.... .......day of. appeared_ • 1T. a.i...•• • .•.....a•ii F••aa•.. aa...aaai a..+ Jst me duly sworn. did say that he is the..... .. ••••• ...... of • ACKNOWLEDGMENT (For use by► poration)- • A. Ds 19 . - . .; briny** rime . personally to me personally known. who. being by .and that the seal affixed to said instrument is the corporate seal of said corpora- tion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said I • acknowledged said instrument to be the free act and deed of'said corporation. Viitness my hand and seal this - day o1.........•a.•..•....... ••••.• :, .f A. D. 19 • ( SEAL) MyCommission + eir ........... saaa. ss... a.a.a antsono..►....• .a.....o...... wen .....�...'r •. t 0 • • 4 a i-. : : , • '' E w a S s 4 4 a is : • : • : a • i lii a. : • • • ..! aidt • • • : 4a .y a 4 v U tt t Sn • Notary Public, a • ARAMb91L9 C0025D02 0 t. 0 • n v o m c' tre01 n O U r, C4 r4 co Cj act Lo sow 4-1 fie r -I 44 Cirtkri o ea CO rn co r . AFFADAVIT OF PRODUCTION STATE OF COLORADO ) > as. COUNTY OF DENVER ) - Bruce C. Bertram , being first duly sworn upon his oath, disposes and states that he is Roekz,Mountairy Division Manager for a. Hershe Coil Cor oration , with offices at 999n18t h Street Suite 1025, Denver, Colordao , and that he is authorized to make this Affidavit. AFFIANT further states that HERSHEY OIL CORPORATION is the owner of an interest in and the Operator of the following described oil and gas leases and the leasehold estates created thereby, insofar only as to lands herein as specifically described to wit: Lessor; Duane A. And Frances E. Wilson Lessee: Carbonit t Exploration, Inc. Land Description: Townshi 7 North Ran a 66 West, 6th p.m. Section 35: NW 4 Weld County, Colorado • Lease Date: February 1, 1981 Recording Data: Book 933, Reception No. 1854766 THAT, the above described oil and gas leases are for the stated terms provided therein, and so long thereafter as oil or ,gas or either of them is produced from said lands by the lessees or its assigns. THAT, public notice is hereby given that a well capable of producing of I and gas in paying quart i.t ien was commenced on January ?.40 1984 and was completed on or about Februar ► 6, 1984 , at a location described as the Nit/4N1/4 of Section 35 township 7_Forth, an e West b th .m. W'e ld County , Colorado ; and that from the -- 6 Cade l l formation, the abov►+e o i 1. and gas leases shall remain in fu l l force and effect and as valid and subsisting oil and gas leases for so long as oil and/or gas is produced, or for so long as the premises are being developed or operated. AFFIANT FURTHER SAITH NOT. STATE OF COLORADO ) s5. COUNTY OP DENVER HERSHEY OIL CORPORATION led BY: Bruce C. Bertram Rocky Mountain Division Manager . --• On this 21st day of May , 1984, before me the undersigned, a Notary Public in and for said County, and State personally came Bruce C. Bertram_, to me personally known to be the Rocky Mountain Division liana er of said corporation, and the idinefFai person whose name is af ixed to the above instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and considerations therein expressed and in a� ,l, / 1111the capacity therein stated x *4;1i N.- %VA ` Witness my hand and Notarial Seal at Denver aria 14),". County the day year ear last above writt r • f '..a St (MC Barbara A. Hinman My Comission Expires:,,,. March 9, 1986 in said S !1 'I II 25C002 eassmassisslra ale I""lKM T3 :_ simmbaseisalair spqmsgssmps B 1034 REC 01971371 06/21/84 12:57 $3.00 1/001 F 0882 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RATIFICATION OF OIL AND GAS LEASE KNOW ALL MEN BY THESE PRESENTS: THAT, Wit EIIi.AS. Heretofore unites date of the.__2 _Airy of. iten was mask. executed. and delivered by Duane A. Wilson and Frances E. Wilson Men LS* a.r AAA es. tan truant t►r.plutatLtutt, jut.. as Lessee. cover:nit the fraiisn .gem gibed lands in . t a 4 February ., Vila— a recta+14till Wait.rr__ ,.— _ ..._County, State of Colorado t@..t. Townah i ► 7 North Range 66 West26th P.M. Sec t ion Containing 160 acres, more or let• c • #18_54766 ce of the Register of fps in and for 'aid said lease} being te+twrdeei inalC__ ��+s � _�of the records In the office County, reference to said least and to the record thereof Wing hereby made for at) purposes. NOW. THER FfIKE. In consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency hereby of which are acknowledged. we, the undersigned. and each for himself and herself, as the case may be. do hereby ratify. adopt and confirm the hereinahofl-described oil and gars least in all of its terms and provisions and do hereby lease, demise and let said lanai and premises unto the said lessee hettinabove•nam*d. Ms assigns and suceeseors in interestasitullyitiedienesplistole tea quirbed on snaky se fries -to sai#ssae s: eie wie; provided, bows• were that this rn%if unnwent shall rove. nod hint all interest of the undersigned which may have acquired subsequent to the dale of the aforeaafd oil and gas lease and is inter further to cover and bind say interest which the reigned may hereafter ire by � way of reversion or otherwise. is #rtero+ik.ss4iror Oka 41ASIMICisMISened 4!fo , ws' �!'inte��'�'�" "'� k'�pebte +��l�e hears arfrtala sha 4O-#hs rs i fs send gagaiessoissii4iras.boast isgsWernesitailespersare osiaseirs. We hereby agree and declare that said as and gas lease in all of its tams and provisions Is binding on us and each of us an•I is a valid and sub.tstinn oil and gas lease and that this instrument shall be binding arm the respective beim executors. administrators. sumasors or assigns of the under signed. 4 EX uTED This _ . 25th �,dsir of _. .�, 1pr.. STATE OF . L.► sit COUNTY OF _.'f �..+.. Bet t inc. the undersigned. a day of end.. to rot pr-r..tisally kn..s n to by tin - ex et utrrl it imr as Mart S OS -Ss s.rr ss. ACKNOWLEDGMENT FOR INDIVIDUAL t Ke 4 a f esigyi ' Notary Public. within sad for said Coo , . ty State. on tb 1924 personally urea 1 1 % juts ' li+ S,�.t'. I have My rnrn tresud.f czlrrft's —1,4. iseladau, STATE OF_..COUNTY OF B. it remembered that on this I ...day .f —S Notary Public. duly cots-resit+n .ne'd. in and for the county #and stile €esso1 t ,..wrhu executed the within and foregoing instrument a$4 s -P,. t. -1,w/m#175;.: free sad voluntary act and deed for the uses and purpo sea'' . heroism set my hand and otkc l is day sit t bo tar tine / /frig eff4 Priet44 r...... <t,:tCfl1 1 NitaTh 6f, ,ate e l r ACKNOWLEDGMENT FOR CORPORATION JE •-. before as, lbw u idersig. s . _s a curer.rat n••r..at a hr State . it . • %nit is *- s .-COI el .10. knur lnl,t 44 i hr .-an+t ul r+ -t/ cif dirt 1N 14 ITN teSS aforesaid. acme president of — personally known to env to be such officer. and to be ens h .eon titer fe.sra%...nl a! r umtnt ..f wrwtant in behalf of said corporation. and he duly ace -.sow for ti.nnrlf awl for ,a►id torpc nation for the ors and purposes therein set fortis. IVs lik.f�l'.trl• I babe trteeunio girt airy" hens' and official seal on the day and year lest above written. j tuf.tiar+.I"fl ; •pl!r'• Notary Public 44S 4. 1111111 11111 11111 111111 HE 111111 11111 iii 11111 iui ini 3425684 10/06/2006 81:17P Weld County, Co 1 of 2 A 11.00 0 0.00 Steve Moreno clerk & Recorder AFFIDAVIT OF PRODUCTION WHEREAS, certain Lessors executed and entered into Oil and Gas Lease(s) with certain Lessee(s); as shown on the attached Exhibit "A", which Oil and Gas Lease(s) were for primary term(s) of five year(s) and as long thereafter as oil or gas was produced from lands described in said lease(s). SAID oil and gas lease(s) cover lands which have been designated as the spacing unit for the oil & gas well known as the Wilson 35-21, as follows, to wit: Township 7 North, Range 66 West Section 35: E12NW/4 BE IT KNOWN that Petro -Canada Resources (USA) Inc. has drilled a producing oil and gas well upon lands included in the said oil and gas leases as follows, to wit: Township 7 North, Range 66 West Section 35: N E14 NW14 SAID well was commenced on July 25, 2006, and was completed as a commercially producing oil and gas well on September 11, 2006. This well has perpetuated the term of the said leases and this Affidavit is being filed pursuant to CRS 38.42-106. WITNESS my hand this 15th day of September, 2006. PETRO-CANADA RESOURCES (USA) INC. Edward L. McLau •r'Iin, Vice -President STATE OF COLORADO ACKNOWLEDGMENT COUNTY OF DENVER On this 15th day of September, 2006, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared Edward L. McLaughlin, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as the Vice -President of Petro -Canada Resources (USA) Inc. Given under my hand and seal the day and year above written. MY COMMISSION EXPIRES: January 14, 2007 0 OCKSH iii, *des. ' • °a* ! ' + • + * : 0TARV, cla • . * * S - a * +%U\PUBL\0'1-- 4N, • s .....• a 41S # rrila b‘‘ • NOTARY PUBLIC1. j,, i T (t/lit'ket---1/�'7/ D. ruickshank 1099 18#" Street, Suite 400, Denver, CO, 80202 M W:\dcruicks\Affidavits\Wilsan3S21.doc 1111111 11111 11111 111111 11111 111111 11111 iii 11111 liii liii 3425684 10/06/2006 01:17P Weld County, CO 2 of 2 R 11400 00400 Steve Moreno Ierk &Recorder Exhibit "A" Wilson 35-24 Weld County, Colorado Attached to and made a part of that certain Affidavit of Production dated September 15, 2006. Lease No. Lessor i Lessee Lease Date Recording Book Rec. No. 100555.000 Duane A. Wilson and Frances E. Wilson Carbonit Exploration, Inc. 02-02-1981 933 I 1854766 W:\dcruicks\Affidavits\Wilson3521.doc 635 • 1111111 11111 11111 111111 III I I 111111 IIII 1111 111111111 pHI 3425685 10/06/2006 01:17P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder AFFIDAVIT OF PRODUCTION WHEREAS, certain Lessors executed and entered into Oil and Gas Lease(s) with certain Lessee(s); as shown on the attached Exhibit "A", which Oil and Gas Lease(s) were for primary term(s) of five year(s) and as long thereafter as oil or gas was produced from lands described in said lease(s). SAID oil and gas lease(s) cover lands which have been designated as the spacing unit for the oil & gas well known as the Wilson 35-24, as follows, to wit: Townshi 7 North Ran a 66 West Section 35: E/2NW14 BE IT KNOWN that Petro -Canada Resources (USA) Inc. has drilled a producing oil and gas well upon lands included in the said oil and gas leases as follows, to wit: Township 7 North, Range 66 West Section 35: E14NW/4 SAID well was commenced on July 21, 2006, and was completed as a commercially producing oil and gas well on August 28, 2006. This well has perpetuated the term of the said leases and this Affidavit is being filed pursuant to CRS 38-42-106. WITNESS my hand this 30th day of August, 2006. PFTRD-CANADA RESOURCES (USA) INC. � r :dward L. cLaughlin, Vice -President STATE OF COLORADO ACKNOWLEDGMENT COUNTY OF DENVER On this 30th day of August, 2006, before me, the undersigned, a Notary Public in and for the county and State aforesaid, personally appeared Edward L. McLaughlin, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as the Vice -President of Petro -Canada Resources (USA) Inc. Given under my hand and seal the day and year above written. MY COMMISSION EXPIRES: NOTARY PUBLIC January 14, 2007 a _ a w S , r a •♦ S. mai(&.*.PUBLIG/81: ,,,,sw Op cO � llnii111i2tttl � 1�� %%1►ti1'11 111 r�If j# s • • • • ev:1+ .4.1% O*/ •••1-.% /oTARV • S. aa • +� ■ ID_ Cruickshank 1099 18th Street, Suite 400, Denver, CO, 80202 4' Wt\dcruicks\Affidavies\wilson3524.doc 1111111 11111 11111 flllll 11111 111111 IIIII III 11111 IIII IIII 3425685 10/06/2006 01:17P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit "A" Wilson 35-24 Weld County, Colorado Attached to and made a part of that certain Affidavit of Production dated August 30, 2006. Lease No. Lessor Lessee Lease Date Recording I Book Rec. Na. 100555.000 Duane A. Wilson and Frances E. Wilson Carbonit Exploration, Inc. 02-02-1981 933 1854766 W:\dcruioks\Affidavits\Wi1s0n3524.doe 1111111 11111 111111 111111 IIII 101 ii 11111 III 111111111 II!! 3760693 04/08/2011 11:08A Weld County, CO 1 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recorder AFFIDAVIT OF EXTENSION OF OIL AND GAS LEASE(S) BY PRODUCTION STATE OF COLORADO CITY AND COUNTY OF DENVER • ) ) ss. The undersigned, of lawful age, having been first duly sworn upon his oath, deposes and states: 1. That Noble Energy VVyCo, LLC, is the record owner and holder of certain lands under the Oil and Gas Lease(s) ("Lease") described on Exhibit "A" attached hereto and made a part hereof. 2. That Joseph H. Lorenzo is Attorney -In -Fact for Noble Energy, Inc., sole manager of Noble Energy WyCo, LLC. 3 That the Lease is for a definite term of years, days or months from the date thereof and for so long thereafter as oil and gas, or either of them, is produced from the lands covered thereby or lands pooled or unitized therewith, 4. That production of oil and gas has been obtained from the following well: Well Name: Wilson 35-25 API#: 05-123-26849 Location: Section 35: SERINW/4 located in Township 7 North, Range 66 West, 6th P.M., Weld County, Colorado. 5. That pursuant to Colorado Revised Statute Section 38-42-106 (1973, as amended), that Joseph H. Lorenzo is Attorney -In -Fact for Noble Energy, Inc., sole manager of Noble Energy WyCo, LLC, provides notice of the extension of the Lease beyond its primary term as to all of the lands covered by said Lease. FURTHER AFFIANT SAYETH NOT. STATE OF COLORADO CITY AND COUNTY OF DENVER ss. Noble Energy WyCo, LLC by its sole rr.apager Noble Energy, Inc. / Jos r torney-In-Fact foregoing instrument was acknowledged before me this day of 9 f , 2011, by Joseph H. Lorenzo as Attorney -In -Fact for Noble Energy, Inc., sole manager of Noble Energy WyCo, LLC on behalf of said company. Witness my hand and official seal. My commission expires: W/0/14/2_, Notary Public Exhibit"A" ley\tlIIU4diij 1/4a:7 tt •.i' C fr p o .• - y•., �fjf�rfl� I I�tl�.titi�\ Wilson 35-25 Page 1 of 2 1111111 11111 111111 111111 IV 111111 11111111 nui im ini 3760693 04/06/2011 11:08A Weld County, CO 2 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of Affidavit of Extension of Oil and Gas Lease(s) by Production WELL NAME: SPACING UNIT: Lease No.: Lessor: Lessee: Date: Recording: Description: Wilson 35-25 NW/4, 35-T7N-R66W, 5#h P,M. PO100555000 Duane A. Wilson and Frances E. Wilson, husband and wife Carbonit Exploration, Inc. February 2, 1981 Book 933, Reception 1854766 Township 7 North, Range 66 West, 6th P.M. Section 35: NW/4 . All in Weld County, Colorado End of Exhibit "A" Wilson 35-25 Page 2 of 2 4192874 Pages: 1 of 1 . �� Fee:$0.00 . 0 04/04/2016 03:48 PM R Fee; Carly Coppes , Clerk and Recorder, Weld County, CO Piii'ri'w'av: :'M Pi!;¼3IIIILI PERSONAL REPRESENTATIVE'S DEED (Testate Estate) • THIS DEED is made by Karen Wilson -Johnson, whose legal address is 22415 Sunset Drive, Golden, Colorado 80401, County of Jefferson and State of Colorado, as Personal Representative of the Estate of Duane A. Wilson, deceased, Grantor, to KTC Farm, LLC, whose legal address is 16350 WCR 76, Eaton, Colorado 80615, County of Weld and State of Colorado, Grantee. WHEREAS, the Last Will and Testament of the above -named decedent was made and duly executed in the lifetime of the decedent and is dated June 10, 2015, which Will was duly admitted to formal probate on October 1, 2015, by the District Court in and for the County of Weld, State of Colorado, Probate No. 15 R 830575; WHEREAS, Grantor was duly appointed as Personal Representative of said Estate on October 1, 2015, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby convey, assign, transfer release unto said Grantee, for and in consideration of the sum of TEN AND NO/100 ($10.00) dollars, all of his interest in and to all of the gas, oil and other minerals in and under and that may be produced from the following described lands situated in Weld County, State of Colorado, to -wit: The NW1/4 of Section 35, Township 7 North, Range 66 West, County of Weld, State of Colorado. together with the right of ingress and egress at all times for the purpose of operating and developing said lands for oil, gas and other minerals, and marketing the same therefrom with the right to remove from said lands all of Grantee's property and improvements, including the release and waiver of the right of homestead_ This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas lease of record heretofore executed; it being understood and agreed that said Grantee shall have, receive, and enjoy the herein granted undivided interest in and to all bonuses, rents, royalties and other benefits which may accrue under the terms of said lease insofar as it covers the above described land from and after the date hereof, precisely as if the Grantee herein had been at the date of the making of said lease the owner of a similar undivided interest in and to the lands described and the Grantee one of the lessors therein. Grantor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for said Grantor by payment, any mortgage, taxes, or other liens on the above described land, upon default in payment by Grantor, and be subrogated to the rights of the holder thereof. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, heirs and assigns forever. IN WITNESS.WHEREOF, the Grantor has executed this deed on this \ApkC ,2016. STATE OF COLORADO )ss. County of Jefferson The foregoing instrument was acknowledged before me thisTile: day of frveg g . - , 2016 by Karen Wilson Johnson, Personal Representative of the Estate of Duane A. Wilson, Deceased, Grantor. Kare ' Wilson ohnson, I\ Re rs . al R ep rese ntativeN = the EstIre Duan : A. Wilson, Deceased Witness my hand and official seal. JUDITH A. K DD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974018484 MY CONiPiliSS ON EXPIRES OCTOBER 9. 2016 . My commissi Notary Public ex t ires: l0 Zoe No .CPC46 . Rev.1-96. Hello