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Home My WebLink About20163230.tiffRESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, SUP -128 - SILICON RANCH CORPORATION 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, by Resolution dated December 29, 1971, the Board approved Use by Special Review Permit, SUP -128, for a Turkey Farm Operation for Mile High Turkey Hatchery, Inc., c/o Sam Pluss, Jr., on the following described real estate, to -wit: W1/2 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from Silicon Ranch Corporation, 150 Third Avenue South, Suite 2000, Nashville, TN 37201, to vacate said Use by Special Review Permit, SUP -128, to satisfy a Condition of Approval of USR16-0022 for a solar facility recently permitted on the property, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, SUP -128, be, and hereby is, vacated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditnev •C D•&k. Weld County Clerk to the Board BY: AP uty Clerk to the Board County Attorney Date of signature: l l /g"/ 1 Gv 4253713 Pages: 1 of 1 11/15/2016 12:58 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �IIII��IW�'�Iri4.'h4�'w'��I'a4�4��lYhi'��4��Y4�Iti 1I III Mike Freeman, Chair c—� way, Pro -Tern zdZo rip—cxo, Ju A. Cozad arbara Kirkmey 711 -e.2 -1 -e - C Steve Moreno cc.: PLC 00-4Y1 ) C�PPI la/I6`�/tfo 2016-3230 PL0518 MEMORANDUM TO: Board of County Commissioners DATE: October 17, 2016 FROM: Diana Aungst - Planner II AICP SUBJECT: Vacation of USR-128 (turkey farm for 100,000 turkeys) aka SUP -128 Request: The property owner, Silicon Ranch Corporation, in a letter dated October 6, 2016 has requested that the existing USR-128 (turkey farm for 100,000 turkeys) be vacated. On September 28, 2016 the Board of County Commissioners conditionally approved USR16-0022, for a solar facility. One of the conditions of approval is to vacate the existing USR. The Department of Planning Services is in support of this request. Location: NE4NW4; NW4NW4; S2SW4; SE4NW4; N2SW4; and SW4NW4; All located in Section 32, T3N, R65W of the 6th P.M., Weld County, CO Situs: 19028 CR 28, Platteville, CO, 80651 Background on SUP -128: SUP -128 aka USR-128 was approved on December 27, 1971 by the Board of County Commissioners for Mile High Turkey Hatchery, Inc., do Sam Pluss, Jr. for a turkey farm for 100,000 turkeys. In the summer of 2016 Silicon Ranch Corporation purchased the properties and is now requesting to vacate SUP -128. 2016-3230 ?Lo5l g en SILICDNaIANCH October 6, 2016 Ms. Diana Aungst, Planner Weld County Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 RE: Silicon Ranch Corporation Use by Special Review (USR16-0022) Ms. Aungst: As the current Surface Owner of the property described as Weld County APN#'s 121332200032, 121332200031, 121332200033, 121332200034, 121332300028, and 121332300027 Silicon Ranch Corporation requests that the existing turkey farm Special Use Permit SUP -128 be vacated. Thank you for your time and consideration. Very Truly Yours, Ali Weaver Project Development Manager Silicon Ranch Corporation Phone: (615) 577-4617 +1(615) 577-4786 150 Third Avenue South I Suite 20001 Nashville, TN 37201 www.siliconranchcorp.com RESOLUTION WHEREAS, a public hearing was held on Monday, December 27, 1971, in the chambers of the Board of County Commissioners of Weld County, Colorado, for -the purpose of hearing the petition -of Mile High Turk-ey Hatchery, Inc. , c / o Sam Pluss, Jr., 711 So. Bowen, Longmont, Colorado, requesting approval to locate a turkey farm operation on the following described property, to -wit: The West Half (W-1) of Section Thirty --two (32), Township Three (3) Nnrth, Range 65 West of the -Sixth P.M., Weld County, Colorado, and WHEREAS, the petitioner was present, -and WHEREAS, there was no opposition to the request of petitioner for the loc-ation of -a turkey farm operation, and WHEREAS, according to Section 3. 3(3)(c) of -the Zoning Resolution of Weld County, said request to locate a turkey farm operation may be authorized upon the approval of the Board of County Commissioners, Weld County, Colorado, and WHEREAS, the Board of County Commissioners heard -all the testimony -and statement -s of those present; has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commi-ssion, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Weld County, Colorado, that the application of 1Vlile High Turkey Hatchery, Inc. , c/o Sam Plus -s, Jr., 711 S -o. Bowen, Longmont, Colorado, to locate a turk-ey-farm operation on the premises indicated above be, and it hereby is granted under the conditions following: 1. That any water and sanitation facilities to be in -stalled shall be approved by the State -Health Department. 2. That petitioner shall proceed with due diligence to construct said -turkey farm operati-on and that he shall have up to one year from date hereof to begin construction thereof. 3. That said turkey farm operation shall not be expanded to house more than 100, 000 turkeys. 4. That all applicable subdivision regulations and zoning regulations shall be -followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 29th day of December, 1971. i ATTEST: app,ifJ Clerk of thV-Board BOARD. OF COUNTY COMMISSIONERS WELD 't;OOUNTY COLORADO </' . t.(:/ -- . 4 By:. ‘,/,';„,,, I',,','' Deputy County Clerk ) i ,a A PP -ROVED AS T0._FORM: L L'� ounty Attorne` 71 - '; t -c a &F L rt r 105R 7/oil 7 cc: Pluss P. C. 4222709 07/27/2016 03:56 PM Total Pages: 6 Rec Fee: $36.00 Doc Fee: $200.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED /GoaD3/olin I 0 S THIS DEED is dated th04-b‘e e day of July, 2016, and is made between (whether one, or more than one), WO WCR 28, LLC, a Colorado limited liability company the "Grantor" of the County of Denver and State of Colorado and Silicon Ranch Corporation, a Delaware corporation fira d • 60 (whether one, or more than one), the "Grantee", whose legal address is 150 Third Avenue South, Ste. 2000, Nashville, TN 37201 of the County of Davidson and State of Tennessee. WITNESS, that the Grantor, for and in consideration of the sum of Two Million Dollars and No Cents ( $2,000,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado described as follows: The W 1/2 of Section 32, Township 3 North, Range 65 West of the 6th P. M., County of Weld, State of Colorado, EXCEPT that portion described in Deed recorded January 8, 2015 at Reception No. 4073463. also known by street address as: 19028 County Road 28, Platteville, CO 80651 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: See Exhibit "A" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. WO WCR 28, LLC, C ILORADO LIMITED LIABILITY COMPANY By: JL Dahlia einger By: J a ager Stewart Title File Number: 16000310435 Special Warranty Deed STCO Page 1 of 6 4222709 07/27/2016 03:56 PM Page 2 of 6 State of Colorado County of`tikkeUiaA The foregoing instrument was acknowledged before me this pi -P-41/4 day of July, 2016 by Joseph Henry as Manager of WO WCR 28, LLC, a Colorado limited liability company. CARMA D, WEYMOUTH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19964010875 MY COMMISSION EXPIRES JUNE 25, 2020 Wyt,iess my hand and official seal. Notary Public My commission expires: Stewart Title File Number: 16000310435 Page 2 of 6 Special Warranty Deed STCO Special Warranty Deed STCO 4222709 07/27/2016 03:56 PM Page 3 of 6 EXHIBIT "A" DEED EXCEPTIONS Taxes for the year 2016 and subsequent years thereto. Right of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC as Job No. 16-85 dated July 26, 2016. Right of Proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises also reserving all coal and the right to prospect for, mine and remove coal as reserved in United States Patent recorded September 26, 1917, in Book 461 at Page 351. Note: The Company makes no representation as to the present ownership of any such interests, There may be leases, grants, exceptions or reservations of interest that are not listed. Right of way for ditches or canals constructed by the Authority of the United States as reserved in United States Patent recorded March 10, 1953, in Book 1a51 at Page 574. Oil, Gas, Minerals and other Mineral Rights as reserved in instrument recorded January 31, 1946 in Book 1170 at Page 574, and any and all assignments thereof or interests therein. Oil and Gas Lease recorded February 25, 1976 under Reception No. 1682076 in Book 760, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded February 25, 1976 under Reception No. 1682077 in Book 760, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded June 14, 1976 under Reception No. 1690929 in Book 769, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded June 14, 1976 under Reception No. 1690930 in Book 769, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded September 9, 1980 under Reception No. 1835382 in Book 913, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded September 19, 1980 under Reception No. 1836566 in Book 915, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded September 19, 1980 under Reception No. 1836568 in Book 915, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded December 23, 1980 under Reception No. 1844961 in Book 923, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded December 23, 1980 under Recepxion_.No. 1844963 in Book 923, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded December 23, 1980 under Reception No. 1844965 in Book 923, and any and all assignments thereof, or interest therein. Stewart Title File Number: 16000310435 Page 3 of 6 4222709 07/27/2016 03:56 PM Page 4 of 6 Oil and Gas Lease recorded December 23, 1980 under Reception No. 1844967 in Book 923, and any and all assignments thereof, or interest therein. Note: Extension of the above Lease as claimed by Affidavit of Production was recorded May 4, 1981 under Reception No. 1856754 in Book 935. 20 foot wide Right -of -Way Easement for gas distribution pipeline as granted to Greeley Gas Company in instrument recorded August 2, 1991, under Reception No. 2258291, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC Lob Number 16-85 dated July 26, 2016. Oil, Gas and other minerals lying in, or under subject property as conveyed in instrument recorded October 28, 1993 under Reception No. 2357116. 25 foot wide Right -of -Way Easement for pipeline as granted to Swanson and Morris LTD in instrument recorded April 8, 1993 under Reception No. 2328132. 25 foot wide Right -of -Way Easement for pipeline as granted to Swanson and Morris LTD in instrument recorded July 15, 1993 under Reception No. 2341169, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 16-85 dated July 26, 2016. The following matters set forth on Survey recorded within Deed recorded October 13, 2006 at Reception No. 3427270: a. Access roads to Gas Risers as shown on said Survey and all rights of usage. Terms, conditions and provisions of Notice of Surface use Agreement as set out in Memorandum of Agreement recorded December 18, 2007 at Reception No. 3524321. Terms, conditions and provisions of Notice of Surface use Agreement as set out in Memorandum of Agreement recorded January 6, 2012 at Reception No. 3816478 and 3816479. Terms, conditions and provisions of Non -Exclusive Pipeline Right -of -Way Grant, for a 30 foot pipeline easement, recorded October 4, 2012 at Reception No. 3878598, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 16-85 dated July 26, 2016. Terms, conditions and provisions of the Memorandum of Agreement recorded July 20, 2012 at Reception No. 3360329. Terms, conditions and provisions of Right -of -Way Grant recorded November 28, 2012 at Reception No. 3891652, and re-recorded on March 6, 2013 at Reception No. 3914985, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 16-85 dated July 26, 2016. General Notes contained in Plat of Change of Zone Plat COZ12-0001 recorded January 17, 2013 under _Reception No. 3903837, and a future 10 foot right of way for County Road 28, as shown thereon. Terms, conditions and provisions of Declaration of Access and Utility Easement recorded January 8, 2015 at Reception No. 4073460, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 16.-85 dated July 26, 2016. Terms, conditions and provisions of Private Access Easement Agreement recorded January 8, 2015 at Reception No. 40-0465, and as shown on A LTAiNSPc Land Title Survey by 609 Consulting, LLC job Number 16-85 dated July 26, 2016. Stewart Title File Number: 16000310435 Page 4 of 6 Special Warranty Deed STCO 4222709 07/27/2016 03:56 PM Page 5 of 6 The following Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorded. These statements are general and do not necessarily give notice of underground facilities within the subject property. (A) Mountain Bell Telephone Company recorded October 1, 1981 at Reception No. 1870705. (B) Western Slope Gas Company, recorded March 9, 1983 at Reception No. 1919757. (C) Associated Natural Gas, Inc, recorded July 20, 1984 at Reception No. 197481Q and recorded October 1, 1984 at Reception No. 19835.84 and recorded March 3, 1988 at Reception No, 21 a2709 and recorded April 10, 1989 at Reception No. 2175917. (D) Panhandle Eastern Pipeline Company, recorded October 1, 1981 at Reception No. 1870756, and recorded June 26, 1986 at Reception No. 2058722. (E) Colorado Interstate Gas Company, recorded August 31, 1984 at Reception No. 1979784. (F) Union Rural Electric Association, Inc., recorded October 5, 1981 at Reception No. 1871004. (G) Western Gas Supply Company, recorded April 2, 1985 at Reception No. 2004300. (H) Public Service Company of Colorado, recorded November 9, 1981 at Reception No. 1874084. (I) St. Vrain Sanitation District, recorded December 14, 1988 at Reception No. 2164975. (J) Panhandle Eastern Pipeline Company, recorded June 26, 1986 at Reception No. 2058722. (K) United Power, INc., recorded January 24, 1991 at Reception No. 2239296. Mineral Deed recorded July 9, 1990 at Reception No. 02219399. Mineral Deed recorded June 18, 1992 at Reception No. 02292335, Mineral Deed recorded June 23, 1992 at Reception No. 02292934. Mineral Deed recorded June 23, 1992 at Reception No. 02292935. Mineral Deed recorded June 24, 1992 at Reception No. 02293043. Mineral Deed recorded July 23, 1992 at Reception No. 02296702. Mineral Deed recorded July 24, 1992 at Reception No. 02297003. Mineral Deed recorded July 24, 1992 at Reception No. 02297004. Mineral Deed recorded August 14, 1992 at Reception No. 02a00093. Mineral Deed recorded March 24, 1996 at Reception No. 2487387. Mineral Deed recorded May 15, 2014 at Reception No. 4016353. Note: The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interest that are not listed. Request for notification of surface development recorded October 15, 2007 at Reception No. 3511023. Matters as set forth on ALTA/ACSM Land Title Survey recorded May 16, 2012 at Reception No. 3846158, dated January 10, 2012 as Job No. 12001 ALTA: Access roads to Gas Risers/Wells as shown on said survey and all rights of usage. Existing leases and tenancies as follows: Stewart Title File Number: 16000310435 Special Warranty Deed STCO Page 5 of 6 4222709 07/27/2016 03:56 PM Page 6 of 6 a. Lease between WO WCR 28, LLC and DT Welding and Dusty Thomas b. Lease between WO WCR 28, LLC and All Tread, LLC Stewart Title File Number: 16000310435 Page 6 of 6 Special Warranty Deed STCO 4225867 08/08/2016 10:25 AM Total Pages: 6 Rec Fee: $36.00 Doc Fee: $72.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED THIS DEED is dated the 5th day of August, 2016, and is made between (whether one, or more than one), College 43, LLC, a Colorado limited liability company the "Grantor" of the County of Weld and State of Colorado and Silicon Ranch Corporation, a Delaware corporation (whether one, or more than one), the "Grantee', whose legal address is 150 3rd Avenue South, Suite 2000, Nashville TN 37201 of the County of Davidson and State of Tennessee.' WITNESS, that the Grantor, for and in consideration of the sum of Seven Hundred Twenty Thousand Dollars No Cents $7205000.00 and 00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with an improvements thereon, located in the County of Weld and State of Colorado described as follows: y See Exhibit "A" attached hereto and made a part hereof also known by street address as: 80 Acres at N2SW4 32 03 65; Weld County, CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest claim and imgt whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the h demand appurtenances; hereditaments and TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, g The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: � See Exhibit "B" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. COLLES3E� By: A COLORADO LIMITED LIABILITY COMPANY Brady Mille' Manager lbaW316'-W4 47.00 Stewart Title File Number: 16000310445 Special Warranty Deed STCO Page 1 of 6 4225867 08/08/2016 10:25 AM Page 2 of 6 State of Colorado County of 4i4t The foregoing instrument was acknowledged before me this Czad day of August, 2016 by Brady Miller as Manager and Amy Rivera as Manager of College 43 LLC, a Colorado limited liability company. Y Witness my hand and official seal. Notary Public My commission expires: ELESE A. FINN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2004036214 MY COMMISSION EXPIRES JAN. 7, 2017 Stewart Title File Number: 16000310445 Page 2 of 6 Special Warranty Deed STCO I f 4225867 08/08/2016 10:25 AM Page 3 of 6 EXHIBIT "A" LEGAL DESCRIPTION Parcel A: That part of the Southwest Quarter (SW1/4) of Section 32, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado and being more particularly described as follows: Basis of bearing: Assuming the West line of the Southwest 1/4 of Section 32, Township 3 North, Range 65 West to bear N00°05'06"W between a 2 1/2" Alum. Cap PLS 24307 on the South end and a 3 1/4" Alum. Cap PLS 12330 on the North end, and with all other bearings contained herein subject thereto: COMMENCING at the Southwest corner of Section 32, Township 3 North, Range 65 West; thence along the West line of the Southwest 1/4 of said Section 32, N00°05'06"W, for a distance of 1317.86 feet to the POINT OF BEGINNING; thence continuing along said West line, N0o°05'06"W, for a distance of 1326.32 feet to the West one -quarter corner of said Section 32; thence along the North line of said Southwest 1/4, N89°33'37"E, fora distance of 2628.14 feet to the center one - quarter corner of said Section 32; thence along the East line of said Southwest 1/4, S00°05'25"E, fora distance of 1325.72 feet; thence 589°32'49"W, for a distance of 2628.26 feet to the POINT OF BEGINNING, County of Weld, State of Colorado. Parcel B: The W 1/2 of Section 32, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT that portion described in Deed recorded January 8, 2015 at Reception No. 4073463. t 1 Stewart Title File Number: 16000310445 Special Warranty Deed STCO Page 3 of 6 4225867 08/08/2016 10:25 AM Page 4 of 6 EXHIBIT "B" DEED EXCEPTIONS Taxes for the year 2016 and subsequent years thereto. Right of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 16-85 dated July 26, 2016. Right of Proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises also reserving all coal and the right to prospect for, mine and remove coal as reserved in United States Patent recorded September 26, 1917, in Book 461 at Page 351. Note: The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interest that are not listed. Oil, Gas, Minerals and other Mineral Rights as reserved in instrument recorded January 31, 1946 in Book 1170 at Page 574, and any and all assignments thereof or interests therein. Oil and Gas Lease recorded February 25, 1976 under Reception No. 1682076 in Book 760, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded February 25, 1976 under Reception No. 1682077 in Book 760, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded June 14, 1976 under Reception No. 1690929 in Book 769, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded June 14, 1976 under Reception No. 1690930 in Book 769, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded December 23, 1980 under Reception No, 1844961 in Book 923, and any and all assignments thereof, or interest therein. Oil and Gas Lease recorded December 23, 1980 under Reception No. 1844965 in Book 923, and any and all assignments thereof, or interest therein, Oil and Gas Lease recorded December 23, 1980 under Reception No. 1844967 in Book 923, and any and all assignments thereof, or interest therein. Note: Extension of the above Lease as claimed by Affidavit of Production was recorded May 4, 1981 under Reception No. 1856754 in Book 935. Oil, Gas and other minerals lying in, or under subject property as conveyed in instrument recorded October 28, 1993 under Reception No. 2357116. Right -of -Way Easement as granted to Swanson and Morris LTD in instrument recorded July 15, 1993 under Reception No. 2341169, and as shown on ALTA/NSPS Land Ttle Survey by 609 Consulting, LLC job Number 16-85 dated July 26, 2016. Matters as set forth on Survey recorded within Deed recorded October 13, 2006 at Reception No. 3427270, which are as follows: Access roads to Gas Risers as shown on said survey and all rights of usage. Stewart Title File Number; 16000310445 Special Warranty Deed STCO Page 4 of 6 4225867 08/08/2016 10:25 AM Page 5 of 6 Terms, conditions and provisions of Notice of Surface use Agreement as set out in Memorandum of Agreement recorded December 18, 2007 at Reception No. 3524321. g Terms, conditions and provisions of Notice of Surface use Agreement as set out in Memorandum of Agreement recorded January 6, 2012 at Reception No. 3816478 and 3816479. Terms, conditions and provisions of the Memorandum of Agreement recorded July 20, 2012 at Reception No. 3860329. p Terms, conditions and provisions of Right -of -Way Grant recorded November 28, 2012 at Reception No. 3891652, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 16-85 p 9 dated July 26, 2016. General notes contained in Plat of Change of Zone Rat COZ12-0001 recorded January 17, 2013 under Reception No. 3903887, and future 10 foot right of way for County Road 28, as shown thereon. Terms, conditions and provisions of Declaration of Access and Utility Easement recorded January 8, 2015 at Reception No. 4073460, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 16-85 dated July 26, 2016. Terms, conditions and provisions of Private Access Easement Agreement recorded January 8, 2015 at Reception No. 4073465, and as shown on ALTA/NSPS Land Title Survey by 609 Consulting, LLC job Number 1 - July 26, 2016. g 6 85 dated The following Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorded. These statements are general and do not necessarily give notice of underground facilities within the subject property. (A) Mountain Bell Telephone Company recorded October 1, 1981 at Reception No. 1870705. (B) Western Slope Gas Company, recorded March 9, 1983 at Reception No. 1919757. (C) Associated Natural Gas, Inc, recorded July 20, 1984 at Reception No. 1974810 and recorded October 1, 1984 at Reception No. 1983584 and recorded March 3, 1988 at Reception No. 2132709 and recorded April 10 1989 at Reception No. 2175917. P (D) Panhandle Eastern Pipeline Company, recorded October 1, 1981 at Reception No. 1870756, and recorded June 26, 1986 at Reception No. 2058722. (E) Colorado Interstate Gas Company, recorded August 31, 1984 at Reception No. 1979784. (F) Union Rural Electric Association, Inc., recorded October 5, 1981 at Reception No. 1871004. (G) Western Gas Supply Company, recorded April 2, 1985 at Reception No. 2004300. (H) Public Service Company of Colorado, recorded November 9, 1981 at Reception No. 1874084. (I) St. Vrain Sanitation District, recorded December 14, 1988 at Reception No. 2164975. (J) Panhandle Eastern Pipeline Company, recorded June 26, 1986 at Reception No. 2058722. (K) United Power, Inc., recorded January 24, 1991 at Reception No. (239296. Mineral Deed recorded July 9, 1990 at Reception No. 02219399. Mineral Deed recorded June 18, 1992 at Reception No. 02292335. Mineral Deed recorded July 23, 1992 at Reception No. 02296702. Mineral Deed recorded July 24, 1992 at Reception No. 02297003. Mineral Deed recorded July 24, 1992 at Reception No. 02297004. Mineral Deed recorded August 14, 1992 at Reception No, 02300093. Stewart Title File Number: 16000310445 Special Warranty Deed STCO Page 5 of 6 4225867 08/08/2016 10:25 AM Page 6 of 6 Mineral Deed recorded March 24, 1996 at Reception No, 2487387. Mineral Deed recorded May 15, 2014 at Reception No. 4016353. Note: The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interest that are not listed. Request for notification of surface development recorded October 15, 2007 at Reception No. 3511023. Terms, conditions and provisions of Right -of -Way Grant recorded March 6, 2013 at Reception No. 3914985. Terms, conditions and provisions of Pipeline Easement Agreement recorded January 8, 2015 at Reception No. 4073461. Matters as set forth on ALTA/ACSM Land Title Survey recorded May 16, 2012 at Reception No. 3846158, dated January 10, 2012 as Job No. 12001ALTA: Access roads to Gas Risers/Wells as shown on said survey and all rights of usage. Reservations contained in Special Warranty Deed recorded January 8, 2015 at Reception No. 4073463: a) Water rights. b) Option to purchase an easement over and across said property. Stewart Title File Number: 16000310445 Special Warranty Deed STCO Page 6 of 6 flat/WO - tn.une'fi--gum 00 'A1Nn0100 O13M '•W•d H19 all 30 'M5921 'Ncl 'Zc NOI103S Z/L M eW1OS 3NVNS3111V2i woO•oul-`dtll•MMM d 16L80.9az•0L6 SZ509 OO 'suillo3 uod d I ZbC0'9ZZ'0L6 antra uogenouul 9LLb J -? NOSUV NAU dW'd1 NYld 311S XXXX-9 L21Sn M3IA3N 1V103dS a0J 3sn W IMO AR&XN - 1 NGWNI t R6 PRELIMINARY I a I cc Q X cc X J x O 0 E W z w> w J ccQ W a_ U coQm ccw z cn O D O J WEST 1/2 OF SECTION 32. TOWNSHIP 3 NORTH, RANGE 65 WEST. OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. 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