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HomeMy WebLinkAbout20180913.tiffRESOLUTION RE: APPROVE SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR HOKESTRA PIT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - CENTRAL COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Second Amendment to the Purchase and Sale Agreement for the Hokestra Pit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Central Colorado Water Conservancy District, commencing upon full execution of signatures, and ending March 31, 2018, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of CountyCommissioners of Weld County, Colorado, that the Second Amendment to the Purchase and Sale Agreement for the Hokestra Pit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Central Colorado Water Conservancy District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of March, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrAtiv Weld aunty Clerk to the B Deputy v - rk APPROVED ASM: -' .un Attorney Mike Freeman Date of signature: •3/_(21__ Ste e Moreno, Chair Sean P. Conway 0i) • Ju11iA. Cozad 2018-0913 EG0075 SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT THIS SECOND AMENDMEW TO PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this(/ day of March, 2018, by and between the COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld ("Seller"), whose address is P.O. Box 758, 1 150 O Street, Greeley, Colorado 80632, and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District by and through its Water Activity Enterprise ("Buyer"), whose address is 3209 W. 28th Street, Greeley, Colorado 80634, both parties being collectively referred to herein as "the Parties." WITNESSETH: WHEREAS, the Parties entered into a Purchase and Sale Agreement ("the Agreement") dated March 22, 2017, and approved by Seller on March 27, 2017; and WHEREAS, the Parties executed the first Amendment to Purchase and Sale Agreement (the "First Amendment") on May 22, 2017, which set the Effective Date of the Agreement at May 5, 2017 and WHEREAS, the Parties wish to amend the payment schedule set forth in the Agreement, and clarify certain other obligations of the Agreement; and WHEREAS, the Parties are in need of additional time to complete the various activities, and therefore need to extend said "Effective Date" to and until March 31, 2018. NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extend the "Effective Date" set forth in the Agreement to and until March 31, 201.8, with all due dates for the various required activities to accomplish the purchase and sale calculated therefrom. 2. The payment schedule set forth in paragraph 2.1.1 of the Agreement is amended so that the 20 annual payments will be delayed by one year. Paragraph 2.1.1 as amended is set forth below: "2.1.1. The Purchase Price shall be paid in annual payments over 20 years, with interest of 3% per year. The first payment of $215,797 (Two Hundred Fifteen Thousand Seven Hundred and Ninety -Seven Dollars) is due within thirty (30) days of Closing, and subsequent payments of the same amount shall be due on May 1, 2019, and May 1 of each year thereafter. The due date for the final payment shall be May 1, 2037 or thirty (30) days after determination Page 1 of 4 2018-0913 of the Actual Storage Capacity, whichever is later. Nothing contained herein shall prevent Buyer from paying off the entire outstanding balance, at any time, without penalty. Payment for the Properties shall be made pursuant to the terms of a promissory note and deed of trust." 3. The parties executed an agreement entitled, "Hokestra Right -of -Way Operations Agreement" dated March 27, 2017 (referred to hereafter as "Right -of -Way Agreement"). The Right -of -Way Agreement was intended to include an Exhibit A which contains the legal description and sketch of the right-of-way. Exhibit A is attached hereto. Exhibit A is hereby incorporated into the Right -of -Way Agreement, and will be attached to that agreement prior to recording in the Weld County records. 4. Paragraph 1.6 of the Agreement requires Seller to issue permits to Buyer which allow Buyer perpetual access to the Properties at four locations. Three permits were issued to Weld County on March 23, 2017, and are numbered AP17-00177, 7-00177, AP 17-00178, and AP 17-00179. Copies of the three permits are attached hereto as Exhibit B. Seller hereby assigns the access permits to Buyer and Buyer shall have all rights set forth therein. The fourth location is located on road 9.75 in an area which has been annexed into the Town of Firestone, and is the subject of ongoing discussions between the Parties and Firestone. 5. On March 27, 2017, the Parties signed the Mining Lease which is described in paragraph 5.8 of the Agreement and the form of which was attached to the Agreement as Exhibit C. The Mining Lease will be in effect after Closing. 6. On April 17, 2017, Seller executed two Petitions for Class C Water Allotment Contracts which are described in paragraph 2.1.2 of the Agreement. The petitions will be presented to the Buyer's Board of Directors for signature at the first board meeting following Closing. All remaining provisions set forth in the Agreement shall remain the same. Page 2 of 4 TN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date set forth above: SELLER: ATTEST: G®: Weld County Clerk to the Board Bv• eputy Clerk to the Bo STATE OF COLORADO COUNTY OF WELD Acknowledged before me thiPt "day of _ Board of County Commissioners of the County of Weld. COUNTY OF WELD, a political subdivision of the State of Colorado .Steve Moreno, Chair Board of County Commissioners of the County of Weld MAR 2 6 2018 WITNESS my hand and official seal. My Commission Expires: /�/ //024/ ,�/ CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRE≥I DEC, 11i, 2018 Page 3 of 4 2018,by.Steve Moreno, Chair, ��� o'/ 3 BUYER: GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE C — Randall C. Knutson President of the Board of Directors STATE OF COLORADO COUNTY OF WELD Acknowledged before me thisA oday of March, 2018, by Randall C. Knutson as President of the Board of Directors of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District by and through its Water Activity Enterprise. WITNESS my hand and official seal. My Commission Expires: TAMMY 3 RUSCH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134030345 MY COMMISSION EXPIRES MAY 13, 2021 Notary Public Page 4 of 4 EXHIBIT EXHIBIT A (1 of5) PROPERTY DESCRIPTION That portion of the following described strip of land, being Twenty (20) feet in width, lying within Lot B, Recorded Exemption No. 1313-02-2-RECX 12-0023, recorded September 6, 2012 as Reception No. 3871455 of the records of the Weld County Clerk and Recorder, located in the Northwest Quarter (NW 1/4) of Section Two (2), Township Two North (T.2N.) and in the Southwest Quarter (SW 1/4) of Section Thirty-five (35), Township Three North (T.3N.), both in Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, the centerline of said strip of land being more particularly described as follows: COMMENCING at the most Westerly Southwest corner of said Lot B, being monumentalized by a #4 rebar with a yellow plastic cap stamped "LS22098" at the Westerly end and by a #4 rebar with a yellow plastic cap stamped "LS38106" at the Easterly end, and assuming the most Westerly portion of the Southerly line of said Lot B as bearing North 84°22'04" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 1565.63 feet, with all other bearings contained herein relative thereto: THENCE North 84°22'04" East along the most Westerly portion of the Southerly line of said Lot B a distance of 743.27 feet to the POINT OF BEGINNING of said centerline, said point being the beginning point of a curve, said curve being non -tangent to aforesaid line; THENCE along the arc of said curve, which is concave to the South, a distance of 22.32 feet to a Point of Tangency (PT), said curve having a radius of 75.00 feet, a central angle of 17°03'09" and a long chord bearing North 77°06'03" East a distance of 22.24 feet; THENCE North 85°37'37" East a distance of 386.33 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Northwest, a distance of 31.27 feet to a Point of Tangency (PT), said curve having a radius of 20.00 feet, a central angle of 89°34'30" and a long chord bearing North 40°50'23" East a distance of 28.18 feet; THENCE North 03°56'52" West a distance of 78.44 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the East, a distance of 60.98 feet to a Point of Tangency (PT), said curve having a radius of 125.00 feet, a central angle of27°56'58" and a long chord bearing North 10°01'37" East a distance of 60.37 feet; THENCE North 24°00'06" East a distance of 504.66 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Northwest, a distance of 61.80 feet to a Point of Tangency (PT), said curve having a radius of 400.00 feet, a central angle of 08°51'09" and a long chord bearing North 19°34'31" East a distance of 61.74 feet; THENCE North 15°08'57" East a distance of 203.77 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Southeast, a distance of 22.14 feet to a Point of Tangency (PT), said curve having a radius of 175.00 feet, a central angle of 07°14'57" and a long chord bearing North 18°46'25" East a distance of 22.13 feet; THENCE North 22°23'53" East a distance of 301.05 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the West, a distance of 37.62 feet to a Point of Tangency (PT), said curve having a radius of 25,00 feet, a central angle of 86°12'41" and a long chord bearing North 20°42'27" West a distance of 34.17 feet; THENCE North 63°48'47" West a distance of 26.99 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Northeast, a distance of 42.62 feet to a Point of Tangency (PT), said curve having a radius of 40.00 feet, a central angle of 61°03'17" and a long chord bearing North 33°17'09" West a distance of 40.64 feet; THENCE North 02°45'31" West a distance of 84.14 feet; THENCE North 11°33'07" West a distance of 29.09 feet; TIIENCE North 33°24'23" West a distance of 34.55 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the East, a distance of 34.12 feet to a Point of Tangency (PT), said curve having a radius of 25.00 feet, a central angle of 78°11'11" and a long chord bearing North 05°4l' 12" East a distance of 31.53 feet; THENCE North 44°46'48" East a distance of 36.30 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Northwest, a distance of 41.63 feet to a Point of Tangency (PT), said curve having a radius of 75.00 feet, a central angle of 31'48'15" and a long chord bearing North 28°52'40" East a distance of 41.10 feet; THENCE North 12°58'33" East a distance of 186.02 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Southwest, a distance of 75.42 feet to a Point of Tangency (PT), said curve having a radius of 50.00 feet, a central angle of 86°25'44" and a long chord bearing North 30°14'19" West a distance of 68.47 feet; THENCE North 73°27' II" West a distance of 75.12 feet to a Point of Curvature (PC); A O:\20170291 \property descriptions \ 20170291 TRAIL EASEMENT.doc 9/20/2017 1:30 PM EXHIBIT A (2 of 5) PROPERTY DESCRIPTION THENCE along the arc of a curve, which is concave to the Northeast, a distance of 69.26 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 200.00 feet, a central angle of I9°50'25" and a long chord bearing North 63°31'59" West a distance of 68.91 feet; THENCE along the arc of a curve, which is concave to the Southwest, a distance of 82.39 feet to a Point of Tangency (PT), said curve having a radius of 100.00 feet, a central angle of 47°12'14" and a long chord bearing North 77°12'53" West a distance of 80.08 feet; THENCE South 79°11'00" West a distance of 95.44 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Southeast, a distance of 61.24 feet to a Point of Tangency (PT), said curve having a radius of 200.00 feet, a central angle of 17°32'41" and a long chord bearing South 70°24'39" West a distance of 61.00 feet; THENCE South 61°38'19" West a distance of 75.80 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Northwest, a distance of 85.99 feet to a Point of Tangency (PT), said curve having a radius of 200.00 feet, a central angle of 24°38'05" and a long chord bearing South 73°57'21" West a distance of 85.33 feet; THENCE South 86°16'24" West a distance of 119.05 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Southeast, a distance of 54.43 feet to a Point of Tangency (PT), said curve having a radius of 150.00 feet, a central angle of 20°47'26" and a long chord bearing South 75°52'41" West a distance of 54.13 feet; THENCE South 65°28'58" West a distance of 264.81 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Northwest, a distance of 62.61 feet to a Point of Tangency (PT), said curve having a radius of 175.00 feet, a central angle of 20°30'00" and a long chord bearing South 75°43'58" West a distance of 62.28 feet; THENCE South 85°58'58" West a distance of 110.19 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Southeast, a distance of 75.54 feet to a Point of Tangency (PT), said curve having a radius of 175.00 feet, a central angle of 24°43'58" and a long chord bearing South 73°36'59" West a distance of 74.96 feet; THENCE South 61°15'00" West a distance of 109.96 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the North, a distance of 70.01 feet to a Point of Tangency (PT), said curve having a radius of 100.00 feet, a central angle of 40°06'36" and a long chord bearing South 81°18'18" West a distance of 68.58 feet; THENCE North 78°38'24" West a distance of 43.47 feet to a Point of Curvature (PC); THENCE along the arc of a curve, which is concave to the Northeast, a distance of 39.99 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 150.00 feet, a central angle of 15°16'28" and a long chord bearing North 71°00'10" West a distance of 39.87 feet; THENCE along the arc of a curve, which is concave to the Southwest, a distance of 2.62 feet to the most Westerly portion of the Northerly line of said Lot B, said point being the POINT OF TERMINATION of said centerline, said point bearing North 89°58'40" East, along said Northerly line, a distance of 89.20 feet from the most Westerly Northwest corner of said Lot B, said curve having a radius of 275.00 feet, a central angle of 00°32'44" and a long chord bearing North 63°38'18" West a distance of 2.62 feet; The sidelines of said described strip of land shall be shortened or lengthened so as to result in continuous lines through curves and angle points and so as to terminate on the Southerly and Northerly lines of said Lot B. Said described strip of land contains 71,232 sq. ft. or 1.635 acres, more or less (±), and may be subject to any rights -of - way or other easements of record or as now existing on said described strip of land. SURVEYOR'S STATEMENT I, Michael Chad Dilka, a Colorado Licensed Professional land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking and that it is true and correct to the best of my knowledge and belief. PRELIMINARY Michael Chad Dilka - on behalf of King Surveyors Colorado Licensed Professional Land Surveyor #38106 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 20170291 U:\20170291\property descriptions \20170291 TRAIL EASEMENT.doc 9/20/2017 1:30 PM EXHIBIT DRAWING EXHIBIT A (3 of 5) NOTE: This exhibit drawing is not intended to be monumentalized land survey. It's sole purpose is os a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. 'SEE SHEET 5 OF 5 FOR LINE AND CURVE TABLE(S)' / 200' / SETOAC/( CENTERLINE -OF LAST CHANCE LUTCH N (SEE NOOK 6.; PACE 8 FOR EASEMENT IN THE N/Y4 OF SEC77ON(SEE BOOK /216, PACE /7/f - 743.27' BASIS OF BEARINGS N84'22'04"E 1565.63' WEST QUARTER CORNER POINT OF COMMENCEMENT SECTION 2, T.2N., R66W. SOUTHWEST CORNER OF LOT B PRELIMINARY Michael Chad Oka — On Behalf Of King Surveyors Colorado Licensed Professionol Land Surveyor #38106 N PRODUCTION EOU/PMENT 0 MATCH LINE LOTB RECA72-Q723 200' / SETBACR C1 - L POINT OF BEGINNING 10' 1713232. ft. l 1.635 acres / / / /I /C2/� I I I I I I I I I 1 PEDESTRIAN BR/DCE CROSSING LAST CHANCE DITCH SEE LICENSE AGREEMENT N AMENDMENTS (NEC NOn. 3[031779, 2211590 2212142/ LOTA I REC%12--0023 I / / / / /-� / / / / / / / / / / / / SWi OF SEC.35-T.3N.-R.68W. & NW) OF SEC.2-T.2N.-R.68W. �) r I 1 /I 1 / /Ir /q / !1 10' I 11I di tl i / II I 200' 100' 200' • 1" = 200' KING SURVEYORS 650 0. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-5011 I Cox: (970) 686-5821 email: contact@KingSurveyors.com PROJECT NO:20170291 DATE: 9/20/2017 CLIENT:WELD COUNTY DWG: 20170291ESMT DRAWN: TJJ CHECKED: MCD EXHIBIT DRAWING WEST QUARTER CORNER OD SECTION 35, 1..3N., ROW. LIM .SEE SHEET 5 OF 5 FOR LINE AND CURVE TABLE(S). EXHIBIT A (4 of 5) I NORTHWEST CORNER SECTION 2. T.2N., 566W. I hi /77 NN ENERGY — (NEC NO. 2563782, 2565567,1 - _= OSk 019 L15 SWW OF SEC.35-7.3N.-R.68W, & NW1 OF SEC.2-T.2N.-R.68W. cyf LOT — - :- 11 / SECTION 35 RECX/2-A723 - - � = I /1 / 2 /NE EASEMENT 7:3111:, Raw_ - _ `60 Lis----c12� ` C11 r \I /'( li,ic�I' 1 /III /1 1 %/ I1 1 / 1) / I APPROX/MATE COCA 770N OF 50' V � / I/'I I / / PANNANOLE EASTERN P/PEL/NE EASEMENT Sh'OffN ON USR-489 (NEC NO 018950521 l jl / SNOW OW USR-636:84.52 (NEC NO 019555511 <i l lI 1 SHOIYN ON USR-999 (NEC NO 27472751- �I l I I I / — SNOW ON RECORDED ENE -460770N NO / I' NW//¢ /313 -02 -0 -RE -2705 (NEC NO 26527471 I/1 I /l ''N SBCTION2 SHOWN ON RECORDED EXEMP77ON Na fit( / \ 7:2111.; R.6BW.co--- /515-02-2-NEGX72-0025 (NEC(REC NO ,39714551 07 tB HEAD / I IIV I 150' / ! I/ SETBACK / J, ' N _______\..' I /1 20' P/PEL/NE EASEMENT' l"- F -TO KN ENERGY O /, {I/II / (NEC NOs 2563768 25685671 PISS /S LIKELY DIE EASEMENT DESLW/BED /N / l I I (REC NOs 1001070 1004507, 2428020, 3351073, 39615371 / l / / Z. I 200'/ 2 MATCH LINE _/, �/ I, / r 1o: CC79� L77^OT 71,232 aq./t. 09-018 b 10 1.635 acres POINT POINT OF TERMINATION NOTE: This exhibit drawing is not intended to be a monumentolized land survey. It's sale purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing 200' 100' 0 C12 C10 1" = 200 PRELIMINARY Michael Chad Mika - On Beholf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 APPROX//./ATE LOCATION OF 50' WYCO P/PEL/NE EASEMENT SHOWN ON USR-489 (NEC. NO 018930521 SHOWN ON USN -636:-84..32 (NEC NO. 01985564/ SHOWN ON USR-999 (NEC NO. 27472751 SHOWN ON RECORDED EXEMPAON NO 13/3 -02 -O -RE -2705 (NEC NO 28327471 SHOWN ON RECORDED EXEMPAON I/O 1315-02-2-RECK/2-OD23 (NEC NO. 38714551 — EXISTING CONCRETE TRAIL EXPECTED TO BE ABANDONED AND REPLACED WITH NEW TRAIL AS SHOWN C8 C9 LB NORTH QUARTER CORNER SECTION 2, T.2N., R68W. KING SURVEYORS 650 0. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-5011 I fax: (970) 686-5821 email: contact@KingSurveyors.com PROJECT NO:20170291 DATE: 9/20/2017 CLIENT: WELD COUNTY DWG:20170291ESMT DRAWN: TJJ CHECKED: MCD EXHIBIT DRAWING LINE TABLE LINE BEARING LENGTH L1 985'37'37"E 386.33' L2 903'56'52"W 78.44' L3 924'00'06"E 504.66' L4 915'08'57"E 203.77' L5 922'23'53"E 301.05' L6 963'48'47"W 26.99' L7 602'45'31"W 84.14' L8 911'33'07"W 29,09' L9 933'24'23"W 34.55' L10 644'46'48"E 36.30' Lii 912'58'33"E 186.02' L12 673'27'11"W 75.12' L13 S79"11'00"W 95.44' L14 561'38'19"W 75,80' L1 S 586'16'24"W 119.05' L16 565'28'58"W 254.81' L17 585'58'58"W 110.19' L18 S61'15'00"W 109.96' L19 978'38'24"W 43.47' L20 989'58'40"E 89.20' EXHIBIT A (5 of 5) CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING C1 22.32' 75.00' 17'03'09" 22.24' 977'06'03"E 02 31.27' 20.00' 89'34'30" 28.18' 940'50'23"E C3 60.98' 125.00' 27'56'58" 60.37' 910'01'37"E C4 61.80' 400.00' 8'51'09" 61.74' 919'34'31"E C5 22.14' 175.00' 714'57" 22.13' 918'46'25"E C6 37.62' 25.00' 8672'41" 34.17' 620'42'27"W C7 42.62' 40.00' 61'03'17" 40.64' 633'17'09"W C8 34.12' 25.00' 78'11'11" 31.53' 905'41'12"E C9 41.63' 75.00' 31'46'15" 41.10' 928'52'40"E C10 75.42' 50.00' 86'25'44" 68.47' 930'14'19"W C11 69.26' 200.00' 19'50'25" 68.91' 963'31'59"W C12 82.39' 100.00' 471214" 80.08' 977'12'53"W C13 61.24' 200.00' 17'32'41" 61.00' 570'24'39"W C14 85.99' 200.00' 24'38'05" 85.33' 673'57'21"W C15 54.43' 150.00' 20'47'26" 54,13' S75'52'41"W C16 62.61' 175.00' 20'30'00" 62.28' S75'43'58"W C17 75.54' 175.00' 24'43'58" 74.96' S73'36'59"W C18 70.01' 100.00' 40'06'36" 68.58' 581'18'18"W 019 39.99' 160.00' 15'16'28" 39.87' 971'00'10"W C20 2.62' 275.00' 0'32'44" 2.62' 963'38'18"W SW4 OF SEC.35-T.3N.-R.68W. & NWT OF SEC.2-7.2N.—R.68W. NOTE: This exhibit drawing is not intended to be a monumentolized land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. PRELIMINARY Michael Chad Dilko — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 KING SURVEYORS 650 E. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-5011 I fan: (970) 685-5821 email: contact@KingSurveyors.com PROJECT NO:201 70291 DATE: 9/20/2017 CLIENT: WELD COUNTY DWG:20170291ESMT DRAWN: TJJ CHECKED: MCD WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 304-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-6500 x 2700 Inspection: (970) 304-6480 Permit Number: AP17-00177 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. Project Name: Hokestra Pit point 1 Applicant Information: Name: Clay Kimmi Company: Weld County Public Works Phone: 970-400-3741 Email: ckimmi@co.weld.co.us Location: Access is on WCR: Nearest Intersection WCR: Distance From Intersection: Number of Existing Accesses: Planning Process: 24.5 24.5 1205 2 Road Surface Type & Construction Information: Road Surface: Gravel Culvert Size & Type: 15" CMP/RCP min. if req. Start Date: Finish Date: Materials to Construct Access: existing & WCR: 9.75 Expiration date: Property Owner Information: Name: Company: same as applicant Phone: Email: Proposed Use: Temporary: Single Residential: Industrial: Small Commercial: Oil & Gas: Large Commercial: Subdivision: Field (Agricultural Only)/Exempt: Required Attached Documents Submitted: Traffic Control Plan: No Certificate of Insurance: No Access Pictures: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to Y. HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Parcel 131302100077. Utilize existing access point on CR 24.5 (1 -Industrial) located approx. 1205 ft. West of CR 9.75. Approved by: Weld County Public Works Date: 3/23/2017 Print Date -Time: 3/23/2017 2:07:07PM Access Permit PW008 Page 1 of 1 Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Clay Kimmi Company Weld County Public Works Address 1111 H Street City Greeley State CO Zip 80632 Business Phone 970-400-3741 Fax 970-304-6496 E-mail ckimmiPco.weld.co.us Parcel Location & Sketch The access is on WCR 24.5 Nearest Intersection: WCR 24.5 & WCR 9.75 Distance from Intersection 1200 Parcel Number 131302100077 Section/Township/Range 02/ T02N/ R68W Is there an existing access to the property? YES NO Number of Existing Accesses 1 Road Surface Type & Construction Information Asphalt Gravel X Treated Other Culvert Size & Type None Materials used to construct Access Existing (Width 15') Construction Start Date Existing Finish Date Existing Proposed Use ❑ Temporary (Tracking Pad Required)/ $75 ❑ Small Commercial or Oil & Gas/$75 ❑ Field (Agriculture Only)/Exempt ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Address City State Zip Phone Fax E-mail ♦= Existing Access A= Proposed Access 1' N WCR WCR 24.5 c Single Residential/$75 XLarge Commercial/$150 N cri 6 o Industrial/$150 ❑ Subdivision/$150 Is this access associated with a Planning Process? XNo o USR o RE o PUD ❑ Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature Printed Name Clay Kimmi Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Access Photos (see plan view on application) Access Photos (cont.) WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 304-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-6500 x 2700 Inspection: (970) 304-6480 Permit Number: AP17-00178 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. Project Name: Hokestra Pit point 2 Applicant Information: Name: Company: Phone: Email: Clay Kimmi Weld County Public Works 970-400-3741 ckimmi@co.weld.co.us Location: Access is on WCR: Nearest Intersection WCR: Distance From Intersection: Number of Existing Accesses: Planning Process: 24.5 24.5 1665 2 Road Surface Type & Construction Information: Road Surface: Gravel Culvert Size & Type: 15" CMP/RCP min. if req. Start Date: Finish Date: Materials to Construct Access: existing & WCR: 9.75 Required Attached Documents Submitted: Traffic Control Plan: No Certificate of Insurance: No Expiration date: Property Owner Information: Name: Company: Phone: Email: same as applicant Proposed Use: Temporary: Single Residential: Industrial: Small Commercial: Oil & Gas: Large Commercial: Subdivision: Field (Agricultural Only)/Exempt: Access Pictures: I� Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Parcel 131302400006. Utilize existing access point on CR 24.5 (1 -Industrial) located approx. 1665 ft. West of CR 9.75. Approved by: Weld County Public Works Date: 3/23/2017 Print Date -Time: 3/23/2017 2:08:22PM Access Permit PW008 Page 1 of 1 Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Clay Kimmi Company Weld County Public Works Address 1111 H Street City Greeley State CO Zip 80632 Business Phone 970-400-3741 Fax 970-304-6496 E-mail ckimmiPco.weld.co.us Parcel Location & Sketch The access is on WCR 24.5 Nearest Intersection: WCR 24.5 & WCR 9.75 Distance from Intersection 1670 Parcel Number 131302400006 Section/Township/Range 02/ T02N/ R68W Is there an existing access to the property? YES NO Number of Existing Accesses 1 Road Surface Type & Construction Information Asphalt _ Gravel X Treated _ Other Culvert Size & Type None Materials used to construct Access Existing (Width 40') Construction Start Date Existing Finish Date Existing Proposed Use ❑ Temporary (Tracking Pad Required)/ $75 ❑ Small Commercial or Oil & Gas/$75 n Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Address City State Zip Phone Fax E-mail ♦ = Existing Access A= Proposed Access T N WCR WCR 24.5 ❑ Single Residential/$75 (Large Commercial/$150 6 ❑ Industrial/$150 ❑ Subdivision/$150 XNo ❑ USR o RE o PUD ❑ Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature Printed Name Clay Kimmi Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Access Photos (see plan view on application) Access Photos (cont.) WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 304-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-6500 x 2700 Inspection: (970) 304-6480 Permit Number: AP17-00179 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. Project Name: Hokestra Pit Varra point Applicant Information: Name: Company: Phone: Email: Clay Kimmi Weld County Public Works 970-400-3741 ckimmi@co.weld.co.us Location: Access is on WCR: Nearest Intersection WCR: Distance From Intersection: Number of Existing Accesses: Planning Process: 24.5 24.5 1320 2 Road Surface Type & Construction Information: Road Surface: Gravel Culvert Size & Type: 15" CMP/RCP min. if req. Start Date: Finish Date: Materials to Construct Access: existing & WCR: 9.75 Required Attached Documents Submitted: Traffic Control Plan: No Certificate of Insurance: Expiration date: Property Owner Information: Name: Company: Phone: Email: Garrett Varra Varra Companies 303-666-6657 gvarra@varracompanies.com Proposed Use: Temporary: Single Residential: Industrial: Small Commercial: Oil & Gas: Large Commercial: Subdivision: Field (Agricultural 0 Only)/Exempt: No Access Pictures: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Parcel 131302411078. Utilize existing access point on CR 24.5 (1 -AG) located approx. 1320 ft. West of CR 9.75. Approved by: Weld County Public Works Date: 3/23/2017 Print Date -Time: 3/23/2017 2:18:24PM Access Permit PW008 Page 1 of 1 Fax 970-304-6496 E-mail ckimmiPco.weld.co.us Parcel Location & Sketch The access is on WCR 24.5 Nearest Intersection: WCR 24.5 & WCR 9.75 Distance from Intersection 1350 Parcel Number 131302411078 Section/Township/Range 02/ T02N/ R68W Is there an existing access to the property? YES NO Number of Existing Accesses 1 Road Surface Type & Construction Information Asphalt Gravel X Treated X Other Culvert Size & Type None Materials used to construct Access Existing (Width 15') Construction Start Date Existing Finish Date Existing Proposed Use ❑ Temporary (Tracking Pad Required)/ $75 Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Clay Kimmi Company Weld County Public Works Address 1111 H Street ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Address City State Zip City Greeley State CO Zip 80632 Phone Business Phone 970-400-3741 Fax E-mail ♦ = Existing Access A= Proposed Access 1 N 6 u 3 WCR WCR 24.5 tn r 5 I ❑ Single Residential/$75 ❑ Industrial/$150 ❑ Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150 XField (Agriculture Only)/Exempt *access road for ditch easement and ditch maintenance Is this access associated with a Planning Process? XNo o USR ❑ RE ❑ PUD ❑ Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature Printed Name Clay Kimmi Date Approval or Denial will be issued in minimum of 5 days. Revised Date 6/29/10 Approved by Access (see plan view on application) HERITAGE TITLE COMPANY, INC. 7251 West 20th Street, Building L, Ste 100, Greeley, CO 80634 Phone: (970) 330-4522 Fax: (866) 828-0844 Sellers Settlement Statement FINAL Escrow No: H0501629 - 084 LL9 Close Date: 06/29/2018 Proration Date: 06/29/2018 Disbursement Date: 06/29/2018 3eller(s): the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld 3uyer(s)/Borrower(s): the GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE 'roperty: 3rief Legal: none shown Weld County, CO PT NW4 2-2-68 & SW4 35-3-68 LOT B REC EXEMPT RECX12-0023 AND W2NE4 2-2-68 LYING S OF LAST CHANGE DITCH EX( Description Debit Credit TOTAL CONSIDERATION: Total Consideration 3,210,514.00 NEW AND EXISTING ENCUMBRANCES: Seller Carryback from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld 3,210,514.00 REAL ESTATE CLOSING CHARGES Escrow Fee to Heritage Title Company, Inc. 225.00 TITLE CHARGES: Owners Policy $3,210,514.00 to Heritage Title Company, Inc. 3,051.00 Sub Totals 3,213,790.00 3,210,514.00 Balance Due From Seller 3,276.00 Totals 3,213,790.00 3,213,790.00 >eller(s): ie County of Weld, a political subdivision of the State of Colorado, by nd through the Board of County Commissioners of the County of Weld y: Clerk to the Board of -County Commissioners rr� y: Steve Moreno, Chair settlement Agent: IERITAGE TITLE COMPANY, INC. ff Date Cr. Zzis- ,L windy Mid~ r Date Ne/I have carefully reviewed the Settlement Statement and find it to be a true and accurate statement of all receipts and lisbursements made on my account or by me in this transaction and further certify that I have received a copy of the Settlement >tatement. We/I authorize HERITAGE TITLE COMPANY, INC. to cause the funds to be disbursed in accordance with this statement. Printed by Lindy Miner on 6/27/2018 - 4:45:51 PM Page 1 of 1 O2O/1- ,09/& The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission (CL8-9-12) (Mandatory 1-13) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS Date: June 29, 2018 Escrow No.: H0501629-084-LL9 1. PARTIES, PROPERTY. the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld Seller, and the GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE Buyer, engage Heritage Title Company, Inc., Closing Company, who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property known as No. none shown, Weld County, CO, and more fully described in the Contract to Buy and Sell Real Estate, dated March 22, 2017, including any counterproposals and amendments (Contract). All terms of the Contract are incorporated herein by reference. In the event any conflict between this Agreement and the Contract, this Agreement shall control, subject to subsequent amendments to the Contract or this Agreement. 2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company Ed Agrees O Does Not agree that: upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company ® Agrees O Does Not agree to furnish copies of Exceptions. 3. INFORMATION, PREPARATION, CLOSING, RECORDING. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to prepare (excluding legal documents), deliver, and record all documents required or customarily recorded, and disburse all funds pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract. 4. CLOSING FEE. Closing Company will receive a fee of $450 for providing closing and settlement services (Closing Fee). S. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in §§ 9, 10 and 11. 6. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: ❑ Cashier's Check, at Seller's expense O Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense O Closing Company's trust account check. 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 9. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before the Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer, will be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 10. RETURN OF EARNEST MONEY. Except as otherwise provided in § 11, Earnest Money Dispute, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller, provided the Earnest Money check has cleared. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of the Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole subjective discretion, has several options: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 12. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 13. CHANGE IN OWNERSHIP OF WATER WELL: Within sixty days after Closing, Closing Company shall submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available, and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes any required form. 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller is either of the following: (a) is a foreign person or (b) will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) N/A - Not Applicable CL8-9-12. CLOSING INSTRUCTIONS 16. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. 17. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 18. NOTICE, DELIVERY AND CHOICE OF LAW. 18.1. Physical Delivery. Except as provided in § 18.2, all notices must be in writing. Any notice or document to Buyer is effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 18.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: ® Facsimile E-mail ® Internet 0 No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 18.3. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado Residents who sign a contract in this state for a property located in Colorado. SELLER: BUYER: the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld by: Clerk to the Board of County Commissioners by: Steve Moreno, Chair Date Closing Company: Heritage Title Company, Inc. Authorized Signature the GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE / Zg/r7 by Randall C. Knutson, President Date of the Board of Directors Escrow Officer Address: 7251 West 20th Street, Building L, Ste 100 Greeley, CO 80634 Phone No.: (970) 330-4522 Fax No.: (866) 828-0844 Electronic Address: (miner@heritagetco.com June 29, 2018 Title Date (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) (Broker) RI Working with Seller O Working with Buyer engages Closing Company as Broker's scrivener to complete, for a fee not to exceed $5.00 at the sole expense of Broker, the following legal documents: El Deed OBiII of Sale O Colorado Real Estate Commission approved Promissory Note ❑Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the terms and conditions of the Contract. The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Brokerage Firm's Name: Broker's Name: Broker's Signature Date June 29, 2018 Date: June 29, 2018 Closing Company's Name: Heritage Title Company, Inc. Authorized Signature Escrow Officer June 29, 2018 Title Date CL8-9-12. CLOSING INSTRUCTIONS REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S and 39-13-102(5)(c), C.R.S. 1. Address or legal description of real property: Please do not use P.O. Box numbers. none shown, Weld County, CO PT NW4 2-2-68 & SW4 35-3-68 LOT B REC EXEMPT RECX12-0023 AND W2NE4 2-2-68 LYING S OF LAST CHANGE DITCH EXC BEG... 2. Type of property purchased: 0 Single Family Residential 0 Townhome 0 Condominium O Multi -Unit Res 0 Commercial 0 Industrial 0 Agricultural 0 Mixed Use x Vacant Land 0 Other 3. Date of Closing: June 29, 2018 Month Day Year Date of Contract if Different than date of closing: March 22, 2017 Month Day Year 4. Total sale price: Including all real and personal property. $3,210,514.00 �} 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire urchase price will be assumed to be for the real property as per 39-13-102, C.R.S. O Yes \No If yes ,approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑ Yes x No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? 0 Yes 0 No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. x Yes 0 No If no, interest purchased ( 8. ; Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties `' ' include perso within the same family, business affiliates, or affiliated corporations. ❑ Yes No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. O New ❑ Excellent 0 Good 0 Average 0 Fair 0 Poor 0 Salvage. Escrow No. 459 -H0501629 -084 -Lindy Miner RPTRNSFR-Real Property Transfer Declaration If the property is financed, please complete the following. 10. Total amount financed: $ 11. Type of financing: (Check all that apply) New ❑ Assumed ❑ Seller O Third Party O Combination; Explain 12. Terms ❑ Variable; Starting interest rate ❑ Fixed; Interest rate Length of time years Balloon payment 0 Yes 0 No If yes, amount $ Due date 13. Mark any that apply: ❑Seller assisted down payments, 0 Seller concessions, Special terms or financing. If marked, please specify: For properties other than residential (Residential is defined as: single family detached, town homes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? 0 Yes 0 No If yes, franchise or license fee value $ 15. Did the purchase price involve an installment land contract? 0 Yes 0 No If yes, date of contract 16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? ❑ Yes 0 No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this June 29, 2018. Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. BUYER: the GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE by Randall C. Knutson, President of the Board of ¢rector- — Signature of Grantee (Buyer) fff 18. All Future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to : zoci 2 S - Address (mailing) ; E E-1/ co City, State and Zip Code 9 70- -415-YO Daytime Phone Disclosures Escrow #: 459-H0501629-084-LL9 PROPERTY ADDRESS: none shown, Weld County, CO THE UNDERSIGNED, have read and understand the following, and by their signatures below, agree to the following: Post Closing Escrows: Funds may be collected and held in escrow by closing agent to pay items for which the amounts due are not known at the time of closing or for which the payment of such items cannot be confirmed as of the date of closing or disbursement. These items may include but are not limited to taxes, recordings, repairs, water, sewer or utilities and will be listed as an estimate or escrow for said item on the HUD1 or other applicable settlement statement. Upon confirmation of the amount due by closing agent, said items will be paid in full in accordance with the contract and or lender's closing instructions with any refund due to be disbursed to the depositing party. In the event the new lender's closing instructions prohibit funds be returned to the borrower, funds will be held until additional instructions are obtained from the lender. Check Disbursement Procedures: In the event any check is later returned to Heritage Title Company, to be replaced or otherwise disbursed, Heritage Title will only be able to disburse said funds after a stop payment has been placed on the returned check and confirmation of that stop has been received from the issuing bank the following business day. Disclosure of Possible Benefits to Closing Company: As a result of Closing Company maintaining its general escrow accounts with the depositories, Closing Company may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits"). All collateral benefits shall accrue to the sole benefit of Closing Company and Closing Company shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. You have the opportunity to earn interest on your escrowed funds as follows: As an example: the amount of interest you can earn on a deposit of $1000.00 for a thirty day period at an interest rate of 4% is $3.33. Interest earned is dependent on the amount of the deposit, length of time of the deposit and the prevailing interest rate. To establish an interest bearing account, ask for an "Escrow Instruction -Interest Bearing Account," complete the form and return it to your escrow officer. The charge to set up and service the interest bearing account shall not exceed $100.00 FIRPTA Waiver Of Settlement Agent Responsibility Heritage Title Company, Inc. is released from and shall have no liability, obligation or responsibility with respect to, (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code 1986 as amended, (b) advising the parties as to the requirements of such Section or (c) determining whether the transferor is a foreign person under such Section or otherwise making any inquiry concerning compliance with such Section for any party to the transaction. SELLER: the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld by: Clerk to the Board of County Commissioners by: Steve Moreno, Chair REO Loan # cfmrev BUYER: the GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE by Randall C. Knutson, President of the Board of Directors RE: Commitment No. 459-H0501629-084-LL9 AFFIDAVIT AND INDEMNITY AGREEMENT TO HERITAGE TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Florida Corporation. 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Exhibit B attached hereto and made a part hereof. Property Address: none shown, Weld County, CO 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies HERITAGE TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Florida Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld 14/ by: Clerk to the Board of County Commissioners by: Steve Moreno, Chair Cv8LOOps66Lran 1ZOZ 'Ez Aeym :s&aid) u01####40f.1 j Rey opeao1o3 jo OPIIM opgnd itariON Jaunty Apun State of Colorado County of WELD The foregoing instrument was acknowledged ubscribed,. and sworn to before me June 29, 2018 by by�)I 1 Deputy Clerk to the Board and Steve Moreno, Chair of the sis /L L/C AFFINDEM-Affidavit and Indemnity Agreement RE: Commitment No. 459-H0501629-084-LL9 REO Loan # RE: Commitment No. 459-H0501629-084-LL9 County of Weld, a political subdivision of the State of Co County Commissioners of the County of Weld. �fado, b ,and through the Board of (SEAL) Lindy Miner Notary Public State of Colorado My Commission Expires: May 28, 2021 LIC# 19934001843 Notary,Publicc My -Commission Expires: AFFINDEM-Affidavit and Indemnity Agreement RE: Commitment No. 459-H0501629-084-LL9 REO Loan # TAX, WATER AND ASSESSMENT AGREEMENT PROPERTY: none shown, Weld County, CO THE UNDERSIGNED, have read and understand the following, and by their signatures below, agree to the following: I. PROPERTY TAXES AND TAX PRO -RATIONS Purchaser has received, as of this date June 29, 2018, a credit from seller for the taxes for the current year as disclosed on the Purchaser and Seller settlement statements. This proration is based on: No taxes were prorated Seller warrants that the above property IS NOT subject to a pending tax protest or appeal. Seller further warrants that special assessments, if any, affecting subject property are paid in full, except as reflected on the statement of settlement. SELLER AND PURCHASER AGREE THAT THE ABOVE REFERENCED PRORATION SHALL BE CONSIDERED A FINAL SETTLEMENT, AND AS SUCH, PURCHASER AGREES TO PAY ALL TAXES FOR THE CURRENT YEAR. II. WATER, SEWER AND STORM DRAINAGE Entity Name(s) n/a Water Company. Final Read Date Drainage Company Sewer Company. Storm Closing Agent O has O has not collected the following to pay the final billing for: x Not Applicable Any overage with regard to the above items in Section II shall be refunded to the depositing party unless otherwise stated below in the special instructions. IN THE EVENT THAT THE FINAL BILL EXCEEDS THE ESCROWED AMOUNT, INCLUDING TRANSFER FEES OR FINAL READ FEES, ANY ADDITIONAL CHARGES ARE THE RESPONSIBILITY OF THE SELLER AND/OR BUYER. IRRIGATION WATER: Not Applicable HOMEOWNER'S/CONDOMINIUM ASSOCIATION/METRO DISTRICT: The above referenced property is subject to assessments for the following Associations and/or Metro Districts per the applicable status letter(s) included with your closing documents. Seller and Purchaser hereby agree that there is NO active Homeowners' Association /Metro District. Heritage Title has not collected or prorated any dues or assessments for this transaction. CLOSING AGENT IS HEREBY RELIEVED OF AND HELD HARMLESS FROM ANY LIABILITY WITH REGARD TO SAID ITEMS All assessments due at the time of closing have been collected and prorated per the enclosed Association/Metro District status letter(s) in accordance with the purchase contract dated March 22, 2017 If applicable, any working capital/transfer fees/statement fees have also been collected as per HOA statement and purchase contract. Seller hereby acknowledges that they are not aware any covenant violations affecting the above referenced property. V. WEED ABATEMENTITRASH/REFUSE REMOVAL: Not Applicable With regards to the closing of none shown, Weld County, CO (Property Address), both the buyer(s) and seller(s) fully understand that the telephone company, gas, electric, propane and the present hazard insurance agency will not be notified by the escrow agent. SELLER: the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld by: Clerk to the Board of County Commissioners by: Steve Moreno, Chair BUYER: the GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE by Randall C. Knutson, President of the Board of Directors Refund Address: =addressee= Buyer's Forwarding Address Special Instructions Reference #: Buyer Phone # Email: Seller Phone#: Email: -;r ESCROW #: 459-H0501629-084-LL9 Exhibit B A parcel of land, being part of the North Half (N1/2) of Section Two (2), Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.) and part of the Southwest Quarter (SW1/4) of Section Thirty-five (35), Township Three North (T.3N.), Range Sixty- eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: Lot B, Recorded Exemption No. 1313-02-2-RECX12-0023, recorded September 6, 2012 as Reception No. 3871455 of the records of the Weld County Clerk and Recorder. TOGETHER WITH That part of the West Half of the Northeast Quarter (W1/2 NE1/4) of said Section 2 lying Southerly of the. Northerly line of Lot A, Amended Subdivision Exemption No. AMSE-741, recorded April 12, 2005 as Reception No. 3276577 of the records of the Weld County Clerk and Recorder. Legal description prepared by: Michael Chad Dilka PLS #38106 King Surveyors 650 East Garden Drive Windsor CO 80550 PROMISSORY NOTE $3,210,514 Greeley, Colorado Tune Zg , 2018 FOR VALUE RECEIVED, the Maker, Ground Water Management Subdistrict of the Central Colorado Water Conservancy District by and through its Water Activity Enterprise, whose legal address is 3209 West 28th Street, Greeley, Colorado, promises to pay to the order of the Payee, the County of Weld, a Political Subdivision of the State of Colorado, at 1150 O Street, Greeley, Colorado, or at such other place as the Payee may direct in writing, the principal sum of Three Million Two Hundred Ten Thousand Five Hundred Fourteen Dollars ($3,210,514), to be paid in accordance with the schedule and terms set forth in the Hokestra Pit Payment Schedule attached and incorporated herein as Exhibit "A." In the event payment of principal hereunder is not paid when due or declared due, interest shall thereafter accrue on the full amount of such payment at the rate of 3% per annum, compounded annually, until paid. This Promissory Note may be prepaid in whole or in part at any time and from time to time without premium or penalty. An amortization schedule is attached and incorporated herein as Exhibit "B." The Maker waives presentment, notice of dishonor, and protest, and that if the principal of this Promissory Note is not paid when due or if suit is brought, agrees to pay upon demand all reasonable costs of collection, including reasonable attorneys' fees. If any payment of principal payable hereunder is not paid promptly when due, the Payee may declare the entire outstanding principal balance of this Promissory Note immediately due and payable, without notice or demand, subject to Maker's right to cure. This Promissory Note shall be governed in all respects by the laws of the State of Colorado. MAKER: GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE By: an all C. Knutson President of the Board of Directors Page 1 of 2 Pages -ro/1,- 09/4A STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this (y day of ski o, 2018, by Randall C. Knutson as President of the Board of Directors of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District by and through its Water Activity Enterprise, Maker. Witness my hand and official seal. Notary Public My commission expires: C� �0 TAMMY J RUSCH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134030345 MY COMMISSION EXPIRES MAY 13, 2021 Page 2 of 2 Pages Payment Date Closing +30 days May 1,2019 May 1, 2020 May 1, 2021 May 1, 2022 May 1, 2023 May 1, 2024 May 1, 2025 May 1, 2026 May 1, 2027 May 1, 2028 May 1, 2029 May 1, 2030 May 1, 2031 May 1, 2032 May 1, 2033 May 1, 2034 May 1, 2035 May 1, 2036 May 1, 2037 Total Purchase Price Exhibit "A" Hokestra Pit Payment Schedule Payment Amount $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $215,797 $3,210,514 The total amount of $3,210,514 may be reduced if the available storage capacity in the Hokestra Pit at the conclusion of gravel mining is less than 1,083.49 acre feet. In that case, the Total Purchase Price shall be adjusted downward by the rate of $2,800 per acre-foot. EXHIBIT B AMORTIZATION SCHEDULE $3,210,514.00 LOAN WITH ANNUAL PAYMENTS 3.00% INTEREST RATE COMPOUNDED ANNUALLY PAYMENT DUE MAY 1st EACH YEAR Year Closing + 30 Days 1 -May 2019 1 -May 2020 1 -May 2021 1 -May 2022 1 -May 2023 1 -May 2024 1 -May 2025 1 -May 2026 1 -May 2027 1 -May 2028 1 -May 2029 1 -May 2030 1 -May 2031 1 -May 2032 1 -May 2033 1 -May 2034 1 -May 2035 1 -May 2036 1 -May 2037 Payment Principal Paid $215,797 $215,797 $215,797 $119,482 $215,797 $123,066 $215,797 $126,758 $215,797 $130,561 $215,797 $134,478 $215,797 $138,512 $215,797 $142,667 $215,797 $146,947 $215,797 $151,356 $215,797 $155,896 $215,797 $160,573 $215,797 $165,390 $215,797 $170,352 $215,797 $175,463 $215,797 $180,727 $215,797 $186,148 $215,797 $191,733 $215,797 $197,485 $215,797 $203,409 Interest Paid $0 $96,315 $92,731 $89,039 $85,236 $81,319 $77,285 $73,130 $68,850 $64,441 $59,901 $55,224 $50,407 $45,445 $40,334 $35,070 $29,649 $24,064 $18,312 $12,388 Totals $4,315,939 $3,210,514 $1,105,425 Remaining Balance $3,091,032 $2,967,966 $2,841,208 $2,710,648 $2,576,170 $2,437,658 $2,294,991 $2,148,044 $1,996,688 $1,840,792 $1,680,219 $1,514,828 $1,344,476 $1,169,014 $988,287 $802,139 $610,406 $412,921 $209,512 $0 CWCD OPERATING FUND 32087 REFERENCE NO. I DESCRIPTION HOKESTRA Invoice 9926 INVOICE DATE I INVOICE AMOUNT I D I5U KEN I AMOUNT PAID 6/6/2018 215, 796.97 215, 796.97 CHECK DATE CHECK NO. PAYEE DISCOUNTS TAKEN CHECK AMOUNT June 19, 2018 32087 WELD COUNTY COLORADO CCWCD OPERATING FUND REFERENCE NO. DESCRIPTION HOKESTRA Invoice 9926 INVOICE DATE INVOICE AMOUNT 6/6/2018 215, 796.97 215,796.97 32087 DISCOUNT TAKEN 1 AMOUNT PAID 215, 796.97 CHECK DATE CHECK NO. PAYEE DISCOUNTS TAKEN) CHECK AMOUNT June 19, 2018 32087 WELD COUNTY COLORADO 215,796.97 CCWCD OPERATING FUND 3209 W 28TH STREET GREELEY, CO 80634 (970) 330-4540 WELLS FARGO BANK, N.A. GREELEY, CO 80634 23-7 1020 ****TWO HUNDRED FIFTEEN THOUSAND SEVEN HUNDRED NINETY SIX AND 97/100 US DOLLARS PAY TO THE ORDER OF: WELD COUNTY COLORADO CHECK NO. 32087 DATE June 19, 2018 32087 AMOUNT $*****215, 796.97 AUTHORIZED SIGNATURE Hello