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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20153138.tiff
#...02 es-Z3 COCcD©3 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Heritage Title Company, Inc. hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION All of Section 23, Township 10 North, Range 58 West of the 61h P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1465167 Look 543 Reception No. 3173686 i Book Reception No. J Book Reception No. I Book Reception No. Book Reception No. j Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited to the fees paid for this Certificate. In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be signed by its proper officer this 21st day of October, 2014, at 7:00 am. Order No. 110415567 Heritage Title,Crompany, Inc. By: w Authorized Signatory .C% rr.( i , ..543 Aoot did 52 n • . ,. .Y lair ( 1 t e• �'a}. 1PauPtten xa...._.�dG.S'46 +._...._.. .LM!°R. ., Meardtr.-• ',• } -i ow ALL MEN BY ITEMS PRESENTS,That sent?Ae Smith Slid Nu. A. Smith, her Mehemd, ' ;Of the , Comely of Weld ,Obi Smite of CSe,ad, :-• 7i afar the amaidentloa of other wettable ianaideratioe end Too Do krs,• — t • top arhand paid,hereby red and convey to Nigh Plains Oaring Aaeoolatie nrpera m, a.etfen net ter R?; . - _ it ergonlsed under Calsr ,miilalmsisdwder • albs dollowted real property,situate to the County al Veld P't ,,,in resod Stale of Colorado, to-wit: F^ 0 o In Township 10 North, Range 56 Met of the 6th P. N.; N} of if} of Section 2; All of Section 31 N} of Section 101 N}of NN} and 9} of Section 111 9}of Section 12;• • • u`N} and an undivided 2/5 interest in the SR} of SE} of Section 13; A11 of Section 14; +' el E} of Section 15; E} of Section 211 All of Section 22; All of 5ootion 23; All of Section 26 except SW} of nil and ME} of Section 271 together with (1) any and all It water rights, hovor evidenced, (2) any end all rights under Conservation Reserve rr we Contract or Contracts, (3) all preferonce rights in Pawnee Ceoperetivs @wing Association, and (a) all appurtenances to the heroin-granted real property; provided, however, that Nancy A. Smith reserves the follwlhyr (1) the entire r 1965 wheat crop now planted, (2) T.Y. antenna and moulting, (3) four steel grain • . bins, and (4) en undivided one-half of all oil, gas, and minerals and oil, gas, end mineral rights now owned by Stoney A. Smith. ' i ,�}9 ainnu n,: : :uuinoron: • S' ern ulJi!' Ipf .'€D000MENTAAY ill ill( IIUI�_ODCUMENIAA-r .$. �,� 1,4 • �t py 5N y o ,.� Jess,is on AQUA ganglia� e f r•Jn y'SS wnu 40600_ • a.11�� PB.Iar:, • • • .y " u and warrant the title to the same, subject to • such of the following items as art chain of record, reservations, exceptions, right.— of—way, eanuenta, covenants, valid and auboiating oil and gas lease,, inclusion within The Nest Greeley Soil Conservation District, lien of 1965 taxes, and any right, of School District No. 93, Weld County, Colorado under deed recorded in Book 637, page 253, Weld County record..• " - ' Signed and delivered tins jPG _ day of „ =AM= ,• /A.D, Iv 65 • In the presence eel • • �! SEAL) . --Xl. . - ,..,2,2-r.- c/(SEAL) ' - ..................... .. (SEAL) STATE OF COLORADO,iar. Rti,1�(ruG7 Y - . COUNTY OF WELD. f ^"""" �PA 002 ; 16 , -. •"S ST(,(, 6r•,,,ping instrument was Acknowledged belore i.eI this - day of.......June............ • / `Y) p65,by'`'-nay A. Smith and Max A. Smith, her husband. ,,;; ' `•f N IViT1ESS pot hand and official seal. 'i' • • .: ''.. A'0(y Lebmridavnn expires• rGl • F., be\, ,rNYCmtnisd,nexpitat July I7,NO n o' Npu51l •It hl wool par.,.,of penun.Iweh, ;steel nice or tease.,,If hr foram.Aiello le rneesena,re or nllei'• „m or e, worn"-.idea-.ideaInes hoer. menu or moon as enewo, antoney-Ind.rl of other [apathy or ternip. XS b officer of corporation.Ikea,I......tune of ouch dike at Wizen,ar Ike prniaue of tiller silken el itch aei io p • ins I.•- STATUTORY ACKNOWLEDGMENT.SESSION IW7, ®n'� .Sir!S..-te- [r. - RD 'C' WARRANTY DEED--Statutory Form I➢IIIIIIffAM , .ylr-Oa r � :�. 6$6 • 111111111111IIII111111111111111nIII1111111111NIIlIII 1 Dl 2 R 11.00 D 116.00 SteWve Mo WARRANTY &Retarder E E D THIS DEED, Made this 13th day of April, 2004 between High Plains Grazing Association, a Colorado non-profit corporation, a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantor, and Timbro Ranch & Cattle Co. , LLC, a Nebraska limited liability company duly authorized and qualified to conduct business in the State of whose legal address is P. 0. Box 1826, Sterling, Colorado 80751 Colorado of the County of Logan and State of Colorado, grantees: WITNESSETH: That the grantor, for and in consideration of the sum of ONE MILLION FOUR HUNDRED FIFTY THOUSAND AND D0/100, ($1,450,000.001 Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate.lying and being in the County of Weld and State of Colorado, described as follows: 1 ` /00 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF a'� \ also known by street and number as Vacant Land, no street address assigned, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for itself, its successors, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances end restrictions of whatever kind or nature soever, except general taxes for 2004 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, hie heirs end assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its president, and its corporate seal to be hereunto affixed, the day and year first above written. High Plains Grazing Association, a •c ♦ Colorado non-profit corporation, BY obert L. C Sven.. President STATE OFCOLORADO 1 se- The foregoing instrument was acknowledged before County of Weld me this 13th day of April, 2004, by Robert L. Graves as President of Binh Plains Grazing Association, a Colorado non-profit corporation My consul expires W,.tile:%oar: :'r\ nd official seal. r NOTARY PUBLIC DARELLA L. 1295 Main St. BLOCH , No.11O$. Rev. 5eityj Windsor, COLORADO 80550 t4yEOF'''-- -mica? 1111111 iin111111111111III111011,11111IIIuiiiiiii�ni �� t 2W 2 R 11.00 D145.00 Steve Moreno Clert&Recoreer �' "EXHIBIT A" LEGAL DESCRIPTION TOWNSHIP 11 NORTH, RANGE 57 WEST OF THE 6TH P.M.. Section 31: S1/2SW1/4 TOWNSHIP 10 NORTH, RANGE 57 WEST OF THE 6TH P.M.. Section 5: W1/2SW1/4 and SW1/4NW1/4 Section 6: All, Except NE1/4NE1/4 Section 30: N1/2 Section 31: N1/2 TOWNSHIP 10 NORTH, RANGE 58 WEST OF THE 6TH P.M. Section 1: All Section 2: All Section 3: All Section 10: N1/2 Section 11: All Section 12: All Section 13: W1/2 and an undivided 2/5ths interest in and to the SW1/4SE1/4 Section 14: All, EXCEPTING THEREFROM the following described parcel in deed recorded in Book 837 at Page 253 . Section 15: E1/2 Section 22: All Section 23 : All Section 25: All Section 26: All, Except the SW1/4SW1/4 Section 27: NEl/4 ALL IN THE COUNTY OF WELD, STATE OF COLORADO TOGETHER WITH any and all existing wells • t D. 85123 • 83 oCOQ � Reference Number: Communication Site AMENDED LEASE AGREEMENT This agreement is entered into between Ronald W. Timmerman, a/k/a Ronald Timmerman, Agent and Attorney-In-Fact for Timbro Ranch & Cattle Co., LLC., herein referred to as the "Lessor", whose mailing address is: Address: _4700 W 60th Avenue Suite 4,Arvada, Colorado 80003 Phone: (303)-955-2534 Cell Phone: (970)—396-5885 and Whiting Oil and Gas Corporation the Lessee,herein referred to as "Whiting", whose mailing address is: Address: Whiting Petroleum Corporation, 1700 Broadway,Suite 2300, Denver, Colorado 80290-2301 WHEREAS,the Lessor is the owner of the real property described in this agreement, and Whiting desires to lease it under the terms of this agreement. NOW, THEREFORE, in consideration of the terms set forth in this agreement,the parties agree as follows: DESCRIPTION: This agreement governs the lease of the following described real property referred to in this agreement as the"SITE" or the"PROPERTY"and more fully described in the attached Exhibit A, and includes a road easement and construction, at lessee's expense,of such access mad: Site Description: Tower Location: 10N and 58W,in Weld County, Colorado. Legal Description: A tract of land located in the NEl/4 Quarter of Section 23 , Township 10 North, Range 58 West of the Principal Meridian, County of Weld, State of Colorado. Said tract of land is 220' X 220' more or less., and includes the right of ingress and egress over an access road shown in the attached Exhibit A. PURPOSE: The purpose of this lease is to provide a road access, a"site"to locate a radio tower and related facilities. The Lessor shall allow a radio tower, an approximately 100' foot Self Supporting Tower and other equipment as may be required for the communications. TERM: The term of this agreement shall begin on the 1st day of February, 2014 for an initial term of Twenty(20)YEARS. This agreement shall be automatically renewed from year to year thereafter unless either party gives written notice of revision to the other on or before the first (1') day of February of any year (beginning February, 2034.) Subject to County rezoning for use as a radio tower, this to be applied for by the Owners. Any costs associated with the rezoning will be paid by Lessee. NOTICE: Any notice required or given pursuant to this agreement shall be deemed effective on the day it is personally received by an agent of the Lessor or Whiting who acknowledges they are authorized to receive the notice or on the day the notice is deposited in the United States Mail, I of 4 021322 ,zfre9,2_5-52.3 Reference Number: Certified Mail, Return Receipt Requested,Postage Prepaid and addressed to the party at the address set forth herein. Road Access : Gates shall be placed at the point of access and may be locked by either party,with each party placing their own lock on the gate. RENT: Is annual rental of$2,000 per year,payable in advance,on the 1st day of February of each year and such rental shall include the use of the access mad as shown in the attached Exhibit A. Payment shall be made through the U.S. Mail to the Lessors at the address listed above. CONDITION OF PROPERTY: Whiting assumes all risk of loss occurring to the improvements it constructs or places upon the property, and loss of the same by fire or other casualty shall not affect its responsibility to perform this contract. Whiting agrees to maintain the property in substantially the same condition as it now is and shall not permit any waste to be committed to the property, provided,however that the parties realize the construction of the improvements upon the property will result in some ground disturbance. That Whiting agrees to review and obtain approval from the Lessor for construction, reconstruction, or alternation plans other than routine maintenance and repair. That Whiting shall maintain the premises in a neat manner at all times.The parties agree that if the Whiting stops using the"site"that Whiting shall remove the tower and make a good faith effort to restore the property to its original condition. ACCESS AND QUIET ENJOYMENT: That Whiting acknowledges that real property and its access road is on private property and Whiting is obligated to maintain the road to fit Whiting's needs or requirements with lessor's approval. Access shall be limited to Tower maintenance employees or contractors who install or maintain the equipment,and tower.Agencies whose maintenance staff must access the"site"to maintain the equipment include the Whiting, and private contractors for maintenance. Access shall be limited to"contractors or employees"of the listed agencies for the purposes of installing, removing or maintaining the equipment and only for the purpose of installing and maintaining the equipment. Access to the real property by Whiting or other agencies employees or contractors, shall be limited to daylight hours; unless an emergency arises that makes access at other times necessary to remedy the delivery of services. SUCCESSORS IN INTEREST: The Lease shall be binding upon the heirs, successors and assigns of the parties hereto. COUNTERPARTS: At least two copies of this agreement shall be signed by the parties and each copy shall be deemed an original. INDEMNITY: Whiting assumes all risk of and shall indemnify and hold harmless Lessor for any claims,or legal actions for personal injury to or death of any person,or damage to or destruction of property of anyone, including Whiting resulting directly or indirectly, from Whiting's use of the permitted premises, excepting such claims or legal actions which are caused by the sole negligence of any current Lessor. IN WITNESS WHEREOF,the parties hereto have affixed their signatures on the date appearing beside their respective signatures. LESSOR: Timbro Ranch& Cattle Co.,LLC Lessor: Date: 5/2/�1y By: Ro limn man, a/k/a Ronald Timmerman,Agent and A orney- act 2 of 4 - i-pa?523pooOO.3 Reference Number; ACKNOWLEDGMENT State of Colorado ) )ss County of Weld ) On this 7day of , 2014, before me, personally appeared Ronald W. Timmerman, a/k/a R ald Timmerman, Agent and Attorney-In-Fact for Timbro Ranch & Cattle Co., LLC known to me to be the person(s) described in and who executed the foregoing instrument and acknowledged to me that he executed the same. WITNE = d and official seal the day and y-iat first above ritten. ritten. �1.Q3��f4RY�• �r /� �yjf/-1�cTL� Notary$P, blic• U • Is • • t ' o My Commission Expires: f -8l-1-f 11 dc,;.. A \O p9S 11.y .• UgL LESSEE:M0 417 M AS CORPORATION By: Title: Vit=e President-,Land Printed Name: Dav4fd M. Seery ACKNOWLEDGMENT STAT E OF COLORADO ) ):ss COUNTY OF DENVER ) On this \ -cti day of \---\-\:=1., , 2014, before me, a notary public, personally appeared David M. Seery, a duly Authorized Agent of Whiting Oil and Gas Corporation, on behalf of the corporation. WITNESS my hand and official seal the day and year first above written. MARSHA L.CARTER \l \O)-d t o NOTARY PUBLIC `� STATE OF COLORADO Notary ublic NOTARY ID 20134029633 My Commission Expires:Lk.- Cr yr coats ioNEXPIRESAPRILZa,2017 3 of 4
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