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Home My WebLink About20152069.tiff RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD 68 - KEVIN LEE ANDERSON 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 Road Petition from Kevin Lee Anderson, do Bendelow Law Office, LLC, 14200 County Road 70, Greeley, CO 80631, a copy of said petition and a list of the adjoining property owners marked Exhibit A, attached hereto and incorporated by reference, requesting vacation of a portion of right-of-way for former Weld County Road 68, being more fully described in Exhibit B, attached hereto and incorporated by reference. WHEREAS, the Department of Public Works has recommended approval of said request since that portion of right-of-way is not needed for the safety and welfare of the traveling public, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the right-of-way to be vacated, if any, may continue such use after formal vacation by Weld County, and WHEREAS, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS, the evidence showed that the vacation of that portion of right-of-way which is described above will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, the Board of County Commissioners deems it advisable to vacate said portion of road right-of-way, with said vacation to become effective upon recording as required below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Kevin Lee Anderson, be, and hereby is, accepted. 4128482 Pages: 1 of 5 07/28/2015 12:21 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 lOOWIW!F�0,141.1,114, II III C C�I,J;�L%1 F�� ctiapilifx `" f 2 gill 2015-2069 EG0043 RE: VACATION OF CR 68 - KEVIN LEE ANDERSON PAGE 2 BE IT FURTHER RESOLVED by the Board that the portion of right-of-way described in Exhibit B be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and recorded easements and rights-of-way for the use of the vacated right-of-way, if any, shall not be affected by the right-of-way vacation authorized herein. BE IT FURTHER RESOLVED by the Board that Weld County shall retain any mineral interests it may possess in the area of the vacated right-of-way and that the vacation authorized herein shall in no away affect such mineral interests. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution and the attached Exhibits A and B in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST:Cam( C� , / . 1�� Q� .�C.f1o.� 112 arbara Kirkmeyer,Chair Weld County Clerk to the Board � Mike Freeman, Pro-Tem BY: QuX,d�� a �. Deppmy Clerk to the B rd I. ,. EXCUSED 114.a ;an P. Conway AP ED AS T� �i. j �.;,�..,, I♦ � y_ �' 161 452 •. ��e Cozad ounty A torney l Steve Moreno Date of signature: 7/2a, '"- 4128482 Pages: 2 of 5 07/28/2015 12:21 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO I'll Ken I I':'062« Li II III 2015-2069 EG0043 RE: VACATION OF CR 68 - KEVIN LEE ANDERSON PAGE 3 EXHIBIT "A" The following list of properties consists of property owners adjoining the road right-of-way vacated pursuant to Weld County Board of Commissioners Resolution No. 2015-2069. While Weld County believes this list is complete based upon the available information, additional properties and property interests affected by the vacation may exist that are not included below. PARCEL #80515000021 PARCEL #80521000018 HAROLD AND DORIS BUXMAN PARCEL #80522000052 14441 COUNTY ROAD 66 DONN LEFFLER GREELEY CO 80631 14492 HIGHWAY 392 GREELEY CO 80631 PARCEL #80515000022 PARCEL #80522000013 PARCEL #80522000044 KEVIN LEE ANDERSON KEITH KNUTSON 14200 COUNTY ROAD 70 15546 HIGHWAY 392 GREELEY CO 80631 GREELEY CO 80631 PARCEL #80515000023 PARCEL #80522000046 KRISTOPHER JORGENSEN WILLOW WEST PROPERTIES LLC 15519 HIGHWAY 392 15640 HIGHWAY 392 GREELEY CO 80631 GREELEY CO 80631 PARCEL #80515400004 PARCEL #80522100006 PLUMB RIDGE LLC GEORGE SLUYTER 14339 COUNTY ROAD 74 15640 HIGHWAY 392 EATON CO 80615 GREELEY CO 80631 PARCEL #80516400060 FREDRICK WULF 153 FOSTER STREET CENTER TX 75935 PARCEL #80516400061 ALLEN SKOGLUND LIVING TRUST 34556 COUNTY ROAD 29 GREELEY CO 80631 PARCEL #80516400062 KEVIN KELLY 14709 HIGHWAY 392 GREELEY CO 80631 4128482 Pages: 3 of 5 07/28/2015 12:21 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO SIII rd ill kid,ItIJDliC III 2015-2069 EG0043 Exhibit-B PROPERTY DESCRIPTION A parcel of land being a portion of those certain Right-of-ways conveyed to Weld County,Co.on January 17,1955 in Book 1409,Page 233 and on February 21,1955 in Book 1412,Page 306 lying North of the North Right-of-way line of State Highway 392 as described in State of Colorado Transportation Commission Resolution No.650-D,affective January 16,1976,said parcel being situate in the Southeast Quarter of the Southwest Quarter(SE 1/4SW 1/4)of Section Fifteen(15),Township Six North(T.6N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6i°P.M.), County of Weld,State of Colorado,being more particularly described as follows: COMMENCING at the Southwest Corner of the SE I/4SW 1/4 of said Section 15 as monumented by a#6 rebar with a 2.5"aluminum cap L.S.38175 and assuming the South line of said SE 1/4SW 1/4 as monumented on the East end by a #6 rebar with a 2.5"aluminum cap L.S. 19585 as bearing North 89°55'50"East,being a grid bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983,a distance of 1348.55 feet with all other bearings contained herein being relative thereto; The lineal dimensions as contained herein are based upon the"U.S.Survey Foot." THENCE North 00°25'49"West along the West line of the SE1/4SW 1/4 of said Section 15 a distance of 97.10 feet to the North Right-of-way line of said State Highway 392 and to the POINT OF BEGINNING; THENCE continuing North 00°25'49"West along the West line of the SE1/4SW l/4 of said Section 15 a distance of 82.78 feet to the North line of said Right-of-way conveyed to Weld County in Book 1412,Page 306; The following Five(5)courses and distances are along the North line of said Right-of-way conveyed to Weld County in Book 1412,Page 306: THENCE North 65°57'50"East a distance of 360.89 feet; THENCE North 62°27'50"East a distance of 112.50 feet; THENCE South 61°50'10"East a distance of 346.80 feet; THENCE South 71°20'10"East a distance of 270.10 feet; THENCE South 76°15'10"East a distance of 55.64 feet to the North Right-of-way line of said State Highway 392; THENCE South 88°59'20"West along said North Right-of-way line of State Highway 392 a distance of 251.96 feet to the South line of said Right-of-way conveyed to Weld County in Book 1409,Page 233; The following Two(2)courses and distances are along the South line of said Right-of-way conveyed to Weld County in Book 1409,Page 233: THENCE North 71°20'10"West a distance of 100.34 feet to a Point of Curvature(PC); THENCE along the arc of a curve concave to the South a distance of 583.46 feet, said curve has a Radios of 724.00 feet,a Delta of 46°10'26",and is subtended by a Chord bearing South 85°34'41" West a distance of 567.80 feet to the North Right-of-way line of said State Highway 392; THENCE South 88°59'20"West along said North Right-of-way line a distance of 131.34 feet to the POINT OF BEGINNING; Said parcel contains 115,710 sq.ft.or 2.66 acres more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on said described parcel of land. SURVEYORS CERTIFICATE I,Brian T.Brinkman,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared by me or under my personal supervision and checking,and that it is taste and correct to the best of my knowledge and belief. DO X,'"�O7r°p°° =` s SHEET 1 OF 2 4 LAtI10.r?'s3 Brian T.Brinkman-th)oehalf of Lat40°,Inc. Colorado Licensed Professional Land Surveyor#38175 Lat40°,Inc. Professional Land Surveyors 6250 W. 10°i Street,Unit#2 Greeley,CO 80634 (970)515-5294 4128482 Pages: 4 of 5 07/28/2015 12:21 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 141��1 ]��t 1wI�t1Ci 'ki�'�lii�'�Pill GY��kP�Y I �h "III I i , e Lat40°, Inc. 6250 W. 10th Street, Unit 2, Greeley, CO 970-515-5294 EXHIBIT B SECTION: 15 TOWNSHIP 6N THIS MAP DOES NOT REPRESENT A BOUNDARY SURVEY RANGE: 66W S 00'33'00'E 2645.58' _ — — — — _ •--1\11— — — o I 6','2"''N 2 U N 8•` —g Ny� 28993 I VF¢U cm °zit Fce`z < S OFt< Z3 W 4w ;yp 8,-. &9' <' b OIn CC F'Om N,/I N 4 m~ T fJ I 6m ta WJ6 N 0 -2 I <i0 ,I ti N H J w b 0 n� n M k‘uog b I b I 07, rcn oK. I Z �6.z. 0f IN <z .a % u0i < e< N 9<* �� , o -% 1 §x a Io co 0N ri ¢ � ,IO S , $ 3�o IW4 ,i ?! A 8 U rr__ I' _; 4w t 3 gu,x; IL3< % �U N, iv -. by. �o 03,s ii,o�cdi c,ik� 1` 62 z `1-31 h o v oz� I UV)N ., ZrrU=' 'Q8' zWat ik 0 < �a . u, '9111 I 6 pp U N` o� 'gi2 m aom 7 r• I 13 013 MQ S, Uvini`8 C Z�,° Pi G3 N 22 13 r rn n 7M1 }3, a., e7 ~ in�3� E ,m N 5,=N.< W CC C F k So �Nm< �L zzo n u8 u $,`, §u 5,...1L.,. LL 0_- o z�g ism FW y I € r6z< -Fr" N a—i uWi m: bl n inE N 00'25'49'W 2642.27' '• . ■' 0-N m 2462.39' vim— 97.10, • W N U W 10 O w p NOn4,1110 o I 3 li w xw li °° zI ..=x6 co N o '� z N' \Y≤ N J CO2T ::4) fYm. ~ '°in a22 N,>� T b t°<O2W N\L_ 9ig��° ce°zz Cr G3 lSim-x z f yZ •3rr� Kim-m O'q<"" W <l 0 150' �,�y'.'+`,:;.-_. , n ~ U z 3 fnu_<N t=om l' 1.`,,,' : ‘'.01/..>*,- - •� " oNV1WZJI7{ K;!,'15-'1', 1 rysl NOTE This exhibit drawing is not intended to be a .;, ..„, ., . V$' monumented land survey. It's sole purpose is as a '3'gL LAkyr..r`.g�✓ graphic representation to aid in the visualization of ,�.Tyrc.„ SHEET 2 OF 2 the written property description which it accompanies. Brian T. Brinkman—On behalf of Lat40', Inc. The written property description supersedes the Colorado Licensed Professional DATE: 5/13/2015 exhibit drawing. Land Surveyor No. 38175 PROJECT* 2014107 O BENDELOW LAW OFFICE LLC EDWARD"TED"M.BENDELOW tedbendelow@bendelow.net RECEIVED March 24,2015 MAR 2 7 2015 Clerk of the Board WELD COUNTY COMMISSIONERS 1150 O Street PO Box 758 Greeley, CO 80632 Re: Petition for Vacation of Road, Street or Alley Right-of-Way Dear Board: Please find the enclosed Petition for Vacation of Road, Street or Alley Right-of-Way. Also enclosed is a CD containing the relevant exhibits. The right-of-way vacation is best illustrated by a review of the attached map. A right-of-way was conveyed to Weld County on January 17, 1955, Book 1409, Page 233. It is an "oblong" shape,bordering Neff Lake. A second right-of-way was conveyed to Weld County on February 21, 1955, at Book 1412, Page 306 and follows/adjoins the January 17, 1955,parcel. A straight parcel was conveyed to the State Department of Highways on November 8, 1974 in Book 726, Reception No.'s 1648193, 1648205, 1648206, 1648207, 1648208, 1648209 and 1648210. It is known as Highway 392 and in use as a roadway. The reason for the proposed vacation is that the right-of-way conveyed to Weld County is no longer being used as a roadway and that the roadway has been re-routed per the 1974 conveyance to State Department of Highways. Highway 392 is in fact the roadway. The vacation is to reflect that fact and return the land to farm ownership and use. Please contact our office should you have any questions or concerns. Thank you for your assistance. Respectfully, BENDELOW LAW OFFICE, LLC Fa.,,c s,f 1 A"-E14)_AQA, g -r-- Edward M. Bendelow 2015-2069 1707 North Main Street,Suite 301 :: Longmont,Colorado 80501 :: T(303)837-9600 :: F(303)860-0311 Petition for Vacation of Road,Street or Alley Right-of-Way Description of right-of-way(include general description as well as Section,Township,Range): A portion of the Southeast Quarter of the Southwest Quarter(SE1/4SW1/4)of Section 15,Township 6 North,Range 66 West of the 6th P.M.,Weld County,Colorado,being part of that Right-of-Way conveyed to Weld County Recorded January 17,1955 in Book 1409,Page 233 and February 21,1955 in Book 1412,Page 306. Petitioner of the property(if additional space is required,attach an additional sheet): Name: Kevin Lee Anderson Work Phone# Home Phone# 970-454-3018 Email Address liandersonfarms@aol.com Address: 14200 Weld County Road 70 City/State/Zip Code Greeley,CO 80631 List all adjacent landowners(if additional space is required,attach an additional sheet): Name: See attached Exhibit CD Address: Parcel: Applicant or Authorized Agent (see below: Authorization must accompany applications signed by Authorized Agent): Name: Edward M Rendelow Work Phone# 303-837-9600 Home Phone# Email Address tedbendelowtatbendelow.net Address: 1707 Main St.,Ste.301 City/State/Zip Code Longmont,CO 80501 Utilities/Easements Existing utilities, including but not limited to oil and gas pipelines, sewer, gas, water or similar pipelines and appurtenances,ditches or canals and appurtenances,and electric,telephone and similar lines and appurtenances within the right-of-way or holding a recorded interest to use or cross this right-of-way include: _Please see attached Exhibit CD. Districts School: School District RF.2-Eaton Fire: Eaton Fire Post Office:Greeley Post Office Jurisdiction [x] This right-of-way is located exclusively within the unincorporated areas of the County. [ ] This right-of-way forms a boundary with another county,state or incorporated municipality: Weld County ** "A public right-of-way that borders another jurisdiction may not be vacated without the approval of both the Weld County Board of County Commissioners and the governing body of the other jurisdiction. Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part;reserve any and all current utilities, easements and other encumbrances currently existing on the right-of-way; impose other provisions as the Board deems appropriate. Petitioner(s)agree to abide by the Board's resolution vacating the right-of-way and to pay for all costs associated with the vacation, including publication,notice and recording the resolution with the Weld County Clerk and Recorder. Petitioner(s)affirm that they have complied with Article VII of Chapter 17 of the Weld County Code and with Article 3 of Title 42,C.R.S. Petitioner(s)understand that title to any vacated right-of-way will vest with the adjacent landowners pursuant to state law. We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road right-of-way described herein be declared abandoned and vacated by Weld County. I (We) hereby depose and state under penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. LettAdVN3b21/6- Fk.szelkizestuskst6J-Ar--- Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date 4/g((/f5 I,Kevin Lee Anderson, authorize Edward M.Bendelow to act as my Authorized Agent. l'44,Az4A90. L.41101 .s/ /,r Si ature Da Description of Right-of-Way A portion of the Southeast Quarter of the Southwest Quarter(SE1/4SW1/4)of Section 15,Township 6 North, Range 66 West of the 6th P.M.,Weld County, Colorado, being part of that Right-of-Way conveyed to Weld County Recorded January 17, 1955 in Book 1409, Page 233 and February 21, 1955 in Book 1412, Page 306. 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O c a U a) 411(...........i > Z = H cn c9 Z Ufro � U CO 0 OJ CL w Et 0 aJ O - - 1 CD o N 0 c) i 0 :I CD PxwdVW AsJNIDIhtsaeydtsaI de4StLO L7 LOZ1-0 47ed luawn000 NOTICE Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley 80631, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: July 13, 2015 TIME: 9:00 a.m. APPLICANT: Kevin Lee Anderson c/o Bendelow Law Office, LLC 14200 County Road 70 Greeley, CO 80631 REQUEST: Petition to Vacate a portion of County Road 68 (State Highway 392) between County Roads 33 and 31, subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: A portion of the Southeast Quarter of the Southwest Quarter of Section 15, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, being part of that Right-of-Way conveyed to Weld County, Recorded January 17, 1955 in Book 1409, Page 233 and February 21, 1955 in Book 1412, Page 306. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 22, 2015 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. of DATED this 22nd day June, 2015. ry CO itdis, ry Deputy Clerk to the Board P Y HAROLD&DORIS BUXMAN FREDERICK WULF 14441 COUNTY ROAD 66 153 FOSTER STREET GREELEY,CO 80631 CENTER,TX 75965 KEVIN LEE ANDERSON ALLEN SKOGLUND LIVING TRUST 14200 COUNTY ROAD 70 34556 COUNTY ROAD 29 GREELEY,CO 80631 GREELEY,CO 80631 KRISTOPHER JORGENSEN 15519 HIGHWAY 392 KEVIN KELLY GREELEY,CO 80631 14709 HIGHWAY 392 GREELEY,CO 80631 PLUMB RIDGE LLC 14339 COUNTY ROAD 74 EATON,CO 80615 DONN LEFFLER 14492 HIGHWAY 392 GREELEY, CO 80631 KEITH KNUTSON 15546 HIGHWAY 392 GREELEY, CO 80631 WILLOW WEST PROPERTIES, LLC 15640 HIGHWAY 392 GREELEY, CO 80631 GEORGE SLUYTER 15640 HIGHWAY 392 GREELEY, CO 80631 0o`OONo - � mc`in0000NNmN M M UP re) VD LO M cr ct LO a, a, a, co m a, o o a, a1 m o al r-i e-I r-I V) V) ri 00 00 ri r-I r-I CO %i W M M M .--1 m M M M M M p LO l0 LO l0 a, l0 LO LO l00 LO O 005:2 00 00 000 I, 00 O 00 O 0O0 00 00 U O_ N W F- N o o (D o x o o o o o o o Q J J J Z W W W W W W W W 1}- W W W �O ~ W W W W W W W WI-- Z W W W W W W W W CC CC U (W7 (O7 (O7 w U (07 (.7 0 (CC 07 (-7 C.7 0 l7 N V) V) W N CC v p VI 0 v1 Q v L Q LO O Tt O1 a) LO N N N NN C 3 Q Q rn Q < a, Q a, m m rn O 00m0 M O O M O M m M M O4= G: Q N cc cc Q Q Q Qvl L Z Z Z Z M z r-I = O W D } = _ _ _ _ (7 O (7 = l7 — Q N U U = U N U = = U = _ _ _ Lu J en -I O C.1- O r M-I to O a, O cr a, cr Ct N V) M MLel N Cr N V, l0 d' LO < i�-I er-I r�-I I � m ct r V) V) r- V) j re) r-i ri ri r-i ri r-i r-i 0) Y 0 CC F- Q Z J W o CC IdJ a J 0, z VI J Q Z Z Q cc W Y cc W Y W U Z w H I- Z CC < Y 0 0= Q I,y I Z Y v1 = Z Z p 0 p z p z Y "' z 0 O Lu z O N c Z .7,- p 0 Z . CD (7 Q Z m W D Y cc N O cc W W LI, W J W LU v) W X C7 2 _I 0 J LL W F— O J CC D D O J p J W W > W Z m Q � a . v)) Y J Q Y > J N N N N O LO l0 l0 •t d' V) O w0000000000000 O O O O O O O O O O O O cc 0 0 0 cr ct 0 0 0 0 0 Q V) In V) V) l0 l0 l0 i'i N N N N N a ri ri i r- ri ri ri t-I N N N N N N O o OOOOOOOOOOO 00 00 00 00 00 00 co o0 00 00 00 co 00 NOI - - Pursuant to Section 43-2-303, C.R.S., and the in the Chambers of the Board of County Cc II „, O)o 2 County Administration Building, 1150 O Street , 4 regular Board meeting. ,Illi O(1: u!N -, o The complete case file may be examine ilt 40-, a Commissioners, Weld County Administration B 80631, Colorado. E-Mail messages sent to an „�G� m ' w the case file. To ensure inclusion of your E-I ' t 2 a, in bal in -_.. send a copytoegesick@co.weld.co.us. . 4o N w° u `fe,� al .4'0, NQ ¢ re no DATE: July 13, 2015 1�"n o o - ; TIME: 9:00 a.m. v::4' ~ �� 1 REC �� ita�sD , . APPLICANT: 40..'"-P40 Kevin Lee Anderson '' , do Bendelow Law Office, LLC 1'� F'# „� co 14200 County Road 70 WELD SSV13lsaid N ' ��► "' Greeley, CO 80631 COMMI a31aos3ad - �; E;re ; REQUEST: Petition to Vacate a portion of o 2" County Roads 33 and 31, subject to dedicated ' N 9a 1 c) do-;: LEGAL DESCRIPTION: A portion of the . Cr, as ,. c 0 }� M Section 15, Township 6 North, Range 66 Wet W I—W ¢ � U 03 part of that Right-of-Way conveyed to Weld C( > cccm 1 j .:- 233 and February 21, 1955 in Book 1412W o Om- Page w �? fco + w ,,,v, BOARD OF COUNTY COMMISSIONERS V = 0S o• a o w WELD COUNTY, COLORADO "+ LuO x N w ,,, dam O .FK DATED: June 22, 2015 u. 1 c cc a cm o CO CO 0 Ill E- CO I_ w co O U Ou) Xw gOOij w o m w -Jr000 IIC5� I �c- '1 I t Rafaela Martinez From: Richard Hastings Sent: Thursday, April 09, 2015 11:28 AM To: Rafaela Martinez Cc: Michelle Martin; Tom Parko Jr.; Elizabeth Relford; Jacqueline Hernandez-Barrow; Daniel Holmes; Wayne Howard Subject: RE: Petition for Vacation of Road, Street or Alley Right-of-Way- Kevin Lee Anderson Rafaela, One update from Pub Works would be that any property owners immediately adjacent to the ROW being vacated need to sign the petition as applicants. It appears to me that the Buxman's may need to sign the petition as applicants also? Thanks, Rich From: Richard Hastings Sent: Thursday, April 09, 2015 7:59 AM To: Rafaela Martinez Cc: Michelle Martin; Tom Parko Jr.; Elizabeth Relford; Jacqueline Hernandez-Barrow; Daniel Holmes; Wayne Howard Subject: RE: Petition for Vacation of Road, Street or Alley Right-of-Way- Kevin Lee Anderson Rafaela, No concerns from Public Works regarding this ROW Vacation Petition. Thanks, Rich Richard Hastings Compliance Analyst&Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 III` kiti Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Rafaela Martinez Sent:Thursday,April 02, 2015 4:56 PM 1 Rafaela Martinez From: Michelle Martin Sent: Wednesday, April 08, 2015 11:55 AM To: Rafaela Martinez; Richard Hastings; Tom Parko Jr. Subject: RE: Petition for Vacation of Road, Street or Alley Right-of-Way-Kevin Lee Anderson Hi Rafaela, Planning does not have any concerns but I would suggest CDOT be notified of the Petition. Let me know if you have any questions. Michelle Martin Planning Manager 1555 N 17th Ave Greeley,CO 80631 mmartin(caco.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 ;yM k Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Rafaela Martinez Sent: Thursday, April 02, 2015 4:56 PM To: Richard Hastings; Michelle Martin; Tom Parko Jr. Subject: Petition for Vacation of Road, Street or Alley Right-of-Way- Kevin Lee Anderson Good Afternoon, Attached is a ROW Petition Application/Request. Please review and advise. April 16,2015 Applicant: Kevin Lee Anderson, c/o Edward M. Bendelow Thank you, Rgffaela.1. Martinez 1 Rafaela Martinez From: Brad Yatabe Sent: Monday, May 04, 2015 2:15 PM To: Rafaela Martinez Cc: Esther Gesick Subject: Anderson ROW Vacation Petition Update Dan Holmes with PW gave me the name of a CDOT contact, Pete Sulmeisters, and I emailed him. Pete is going to research the issue and may have some concerns depending upon the results. Pete has been in touch with Ted Bendelow,the Anderson's attorney. For now, let's just wait until we hear from CDOT before proceeding. Thanks. • BRAD YATABE ASSISTANT WELD COUNTY ATTORNEY 1 150 O STREET MAILING ADDRESS: P.O. Box 758, GREELEY, CO 80632 TEL: (970) 356-4000 EXT. 4396 FAX: (970) 352-0242 haw 'Aix STATEMENT OF CONFIDENTIALITY&DISCLAIMER:THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE AND ANY ATTACHMENTS IS ATTORNEY-CLIENT PRIVILEGED, CONFIDENTIAL, AND INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS EMAIL IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE CEASE VIEWING THE CONTENTS, NOTIFY THE SENDER IMMEDIATELY BY REPLY EMAIL, AND PERMANENTLY DELETE THIS EMAIL AND ANY ATTACHED MATERIALS. 1 Property Profile for Account # R1327986 February 25, 2015 Account Information Account Parcel Space I Account Type ' Tax Year Tax Area Buildings I Actual Value Assessed Value R1327986 080515000022 Agricultural 2015 5054 0 30 10 Legal 17826 ALL S OF CO RD SE4SW4 15 6 66(2RES) Subdivision Block I Lot Land Economic Area 2211 W GREELEY Property Address ! Property City I Zip ; Section I Township Range 15 06 66 Owner Information Account Parcel Space Account Type ; Tax Year Tax Area I Buildings i Actual Value Assessed ; Value I I R1327986 080515000022 Agricultural 2015 5054 0 30 10 Owner(s) I Address Line 1 iAddress Line 2 City ! ST Zip ANDERSON 14200 COUNTY ROAD 70 GREELEY CO 806319384 KEVIN LEE I ANDERSON MARY LINDA Document History Information I Account Parcel Space Account Type I Tax Year Tax Area I Buildings I Actual Value Assessed Value R1327986 080515000022 Agricultural 2015 5054 0 30 10 Reception I Rec Date Type I Grantor Grantee Doc Fee I Sale Date ! Sale Price 02060200 07/09/1986 SWDN 0.00 01/01/1900 0 Reception i Rec Date Type 1 Grantor Grantee 1 Doc Fee Sale Date i Sale Price 2777618 06/29/2000 DTHC WEINMEISTER WEINMEISTER 0.00 09/28/1993 0 RAYMOND E& JOANN M JOANN M 2875826 08/20/2001 WD WEINMEISTER SCHAEFER FARM 74.50 08/08/2001 745,000 RAYMOND E& 160 LLC JOANN M 3707267 07/23/2010 WD SCHAEFER FARM ANDERSON KEVIN 90.00 07/19/2010 900,000 160 LLC LEE&ANDERSON MARY LINDA Building Information Account Parcel Space Account Type Tax Year Tax Area Buildings I Actual Value Assessed Value R1327986 080515000022 Agricultural 2015 5054 0 30 10 Valuation Information Account I Parcel Space I Account Type I Tax Year I Tax Area 1 Buildings I Actual Value Assessed I I Value R1327986 080515000022 Agricultural 2015 5054 0 30 10 Type I Code Description ! Actual Value ' Assessed I Acres I Land SqFt Value Land 4167 WASTE LAND 30 10 5.000 217,800 30 10 5.000 217,800 Tax Authority Information Account I Parcel I Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value R1327986 080515000022 Agricultural 2015 5054 0 30 10 Tax Area District ID I District Name Current Mill Tax Year I Levy I 5054 0100 WELD COUNTY 15.800 2015 ' 5054 0202 SCHOOL DIST RE2-EATON 23.862 2015 5054 0301 NORTHERN COLORADO WATER(NCW) 1.000 2015 5054 0505 EATON FIRE 9.000 2015 5054 0700 AIMS JUNIOR COLLEGE 6.333 2015 5054 0911 EATON REC DISTRICT 0.000 2015 5054 1050 HIGH PLAINS LIBRARY 3.267 2015 Greeley Post Office Tax Area District ID District Name Current Mill Tax Year Levy 5054 1200 WEST GREELEY CONSERVATION 0.414 2015 59.676 AmemmilimmennNom HTOtleCompany Marini Transaction;Personal et Commonwealth Heritage Title Company, Inc. Kevin Lee Anderson Mary Linda Anderson 14200 WCR 70 Greeley, CO 80631 Date: November 10, 2010 File Number: 598-H0276644-084-LK2 Property Address: 15493 Weld County Road 66, 33126 Weld County Road 33, Greeley, CO 806319437 Policy Number: H0276644 OP Dear New Property Owner: Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your other valuable papers. A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office at(720) 324-5865 and simply give us your personal policy file number when you need assistance. In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your title insurance through this company. We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs. Sincerely, Heritage Title Company, Inc. Fidelity National Title "rim Insurance Company 11/10/2010 9:07:22 f10 CW4 SCHEDULE A Name and Address of Title Insurance Company: Heritage Title Company, Inc. 5586 West 19th Street#1000, Greeley, CO 80634 Address Reference: 15493 Weld County Road 66 33126 Weld County Road 33 Greeley, CO 806319437 (for informational purposes only) File No.: 598-H0276644-084-LK2 Policy No.: H0276644 OP Date of Policy: July 23, 2010 at 06:00 P.M. Amount of Insurance: $900,000.00 1. Name of Insured: Kevin Lee Anderson and Mary Linda Anderson 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Kevin Lee Anderson and Mary Linda Anderson, as Joint Tenants 4. The land referred to in this policy is described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 74-031-06(6/06) dA06OP ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees andAmilmo MERICA ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American LAND AMERICAN Land Title Association. ASSOCIATION EMI . Fidelity National Title' Insurance Company LEGAL DESCRIPTION EXHIBIT"A" Parcel 1: THE E 1/2 OF THE W 1/2 OF SECTION 22, TOWNSHIP 6 RANGE 66 WEST OP THE 6TH P.M.;AND A PARCEL OP LAND IN THE E 1/2 OF THE SW 1/4 OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 66 WEST OF TEE 6TH P.M., DESCRIBED AS FOLLOWS: ALL THAT PART AND PARCEL OF LAND SITUATED IN TEE SOUTH PART OP TEE E 1/2 SW 1/4 OF SECTION WHICH LIES SOUTH OF THE RIGHT OF WAY OF TEE COUNTY ROAD NOW RUNNING THROUGH SAID TRACT. SAID COUNTY ROAD DIVERGES AT THE SOUTHWEST CORNER OF SAID TRACT, RUNNING IN A NORTHEASTERLY DIRECTION TO ABOUT THE CENTER OF THE TR.ACT AND RETURIIING TO A POINT ON THE SECTION LINE ABOUT 300 FEET FROM THE SOUTHEAST CORNER OF SAID E 1/2 SW 1/4. EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, BY DEEDS RECORDED NOVKMBER 8, 1974 IN BOOK 726 AS RECEPTION NOS. 1648193, 1648205, 1648206, 1648207, 1648208, 1648209,AND 1648210, BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A POINT ON THE NEST LINE OF TEE NORTHZAST QUARTER(NE 1/4)0?THE NORTHWEST QUARTER (NE 1/4)OP SECTION TWENTY-TWO (22), TOWNSHIP SIX(6) NORTH, RANGE SIXTY- SIX(66)WEST OF THE 6TH P.M., FROM WHICH THE NORTHWEST CORNER(NW COR) OF SAID SECTION TWENTY-TWO (22) BEARS NORTH 87 DEGREES 24'45"WEST,A DISTANCE OF 1,348.00 FEET;THENCE NORTH 00 DEGREES 58'WEST,ALONG THE WEST LINE OF THE NORTHEAST QUARTER(NE 1/4)OF TEE NORTHWEST QUARTER (NE 1/4) 01'SECTION TWENTY-TWO (22),A DISTANCE OP 52.9 FEET TO THE NORTH LINE 0?SECTION TWENTY-TWO (22); THENCE SOUTH 89 DEGREES 39' 30"EAST,ALONG THE NORTH LINE OP SECTION TWENTY-TWO (22),A DISTANCE OF 1,172. 6 FEET TO THE SOUTH RIGHT-OF-WAY LINE OP SH 392 (APRIL 1974); THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SE 392 (APRIL 1974),ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1,472.4 FEET,A DISTANCE 0? 155.1 FEET(THE CHORD OF THIS ARC BEARS SOUTH 82 DEGREES 16' EAST A DISTANCE OF 155.1 FEET; THENCE SOUTH 85 DEGREES 17' EAST,ALONG THE SOUTH RIGHT-OF-WAY LINE OF SE 392 (APRIL 1974),A DISTANCE OF 31.5 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER(NW 1/4) OF SECTION TWENTY-TWO(22); THENCE SOUTH 00 DEGREES 58' EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION TWENTY-TWO (22), A DISTANCE OF 37.1 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF' 11,384.2 FEET,A DISTANCE OF 813.4 FEET(THE CHORD OF THIS ARC BEARS NORTH 88 DEGREES 33' 15'WEST A DISTANCE OF 813.2 FEET); THENCE SOUTH 89 DEGREES 24'WEST A DISTANCE OP 547.4 FEET, MORE OR LESS, TO TEE POINT OF BEGINNING. ALSO BEGINNING AT A POINT ON TEE SOUTH RIGHT-OF-WAY LINE OF SE 392 (APRIL 1974), FROM WHICH THE SOUTHWEST CORNER(SW COR) OF' SECTION FIFTEEN (15), TOWNSHIP SIX(6) NORTH, RANGE SIXTY-SIX(66)WEST, OF TEE 6TH P.M. BEARS SOUTH 86 DEGREES 29'45" WEST,A DISTANCE OF' 1,480.5 FEET THENCE NORTH 89 DEGREES 24' EAST A DISTANCE OF' 667.7 FEET TO THE SOUTH RGHT-OF-WAY LINE OF SH 392 (APRIL 1974); THENCE SOUTH 70 DEGREES 58' EAST,ALONG THE SOUTH RIGHT-OF-WAY LINE OF'SH 392 (APRIL 1974),A DISTANCE OF 177.2 FEET; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SH 392 (APRIL 1974),ALONG TEE ARC OF A CURVE TO THE LEFT, RAVING A RADIUS 0? 1,472.4 FEET,A DISTANCE OF 212.8 FEET(THE CHORD OF THIS ARC BEARS SOUTH 75 DEGREES 06' 30"EAST A DISTANCE OF 212.6 FEET)TO THE SOUTH LINE OF SECTION PIPTEEN (15), THENCE NORTH 89 DEGREES 39' 30'WEST,ALONG THE SOUTH LINE OF SECTION FIFTEEN (15),A DISTANCE 0? 1,165.3 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SM 392 (APRIL 1974); THENCE NORTH 40 DEGREES 30' EAST,ALONG THE SOUTHEASTERLY RIGHT-OF- 74-031-06(6/06) dA06OP ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and mime ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American TITLE ASSOCIATIONLand Title Association. WAY LINE OF SH 392 (APRIL 1974)A DISTANCE OP 76.1 FEET; THENCE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SR 392 (APRIL 1974),ALONG TUE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS 0?756.4 FEET,A DISTANCE 0?39.5 FEET(THE CHORD OP THIS ARC BEARS NORTH 62 DEGREES 09' EAST A DISTANCE 0?39.5 FEET); THENCE NORTH 60 DEGREES 39' EAST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SH 392 (APRIL 1974), A DISTANCE OF 20.5 FEET;THENCE ALONG THE SOUTHRASTERLY RIGHT-OF-WAY LINE OF SH 392 (APRIL 1974)ALONG TEE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 724.0 FEET,A DISTANCE OP 25.6 FEET(THE CHORD OF THIS ARC BEARS NORTH 61 DEGREES 39'45" EAST A DISTANCE OF 25.6 FEET), MORE OR LESS, TO THE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. Parcel 2: A tract of land located in the South %of the SW1/4 of Section 14, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Beginning at the Northwest corner of the South %of the SW1/4 of said Section 14, and considering the West line of said Section 14 to bear South 00 degrees 02'16"West,with all other bearings contained herein relative thereto;thence South 00 degrees 02'16"West along said West line 775.65 feet to the True Point of Beginning;thence North 89 degrees 00'35" East, 638.35 feet to a point on the North right-of-way line of the Greeley No. 2 Canal; thence along the North right-of-way line of said Canal by the following 3 courses and distances: South 46 degrees 21'01"West, 134.22 feet South 51 degrees 13'47"West, 352.96 feet; South 53 degrees 36'44"West 330.78 feet to a point on the West line of said Section 14; thence North 00 degrees 02'16" East along the West line of said Section 14,498.86 feet to the True Point of Beginning. Parcel 3: A tract of land located in the South %of the SW1/4 of Section 14, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Beginning at the Northwest Corner of the South 1/2 of the SW1/4 of said Section 14, and considering the West line of said Section 14 to bear South 00 degrees 02'16"West,with all other bearings contained herein being relative thereto: Thence South 00 degrees 02'16"West along said West line 715.64 feet to the True Point of Beginning;thence North 89 degrees 00'35"East, 702.39 feet to a point on the North right-of-way line of the Greeley No. 2 Canal; thence South 46 degrees 21'01"West 88.54 feet along said right-of-way line; thence South 89 degrees 00'35"West 638.35 feet to a point on the West line of said Section 14; thence North 00 degrees 02'16" East along the West line of said Section 14, 60.01 feet to the true point of beginning. ing IliFidelity National Title' Insurance Company SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)which arise by reason of: 1. Any facts,rights,interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 3. Any encroachments,encumbrances,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien,for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof,(c)water rights,claims of title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the Public Records. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 7. All taxes and assessments for the year 2010 and subsequent years,a lien but not yet due or payable. 8. Any existing leases or tenancies,and any and all parties claiming by,through or under said lessees. 9. 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. 10. Reservations contained in the Patent From: The United States of America Recording Date: January 29, 1889 Recording No: Book 51 at Page 92 And November 15, 1875 in Book 20 at page 38 and 75 Which among other things recites as follows: The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 74-031-06(6/06) dA06OP ALTA Owners Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and mom ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American AMERICAN Land Title Association. LAND TITLE ASSOCIATION 11. Right of way for seepage water and the right to conduct the same as reserved in Deed from Agness Neff to Michael J.Hogarty recorded May 1, 1902 in Book 163 at page 160. 12. Right of way for S.H. Southard Reservoir and any and all rights of way therefore as evidenced by map and statement filed July 2, 1983 as Reception No. 50169, in which the specific location is not defined in Section 15. 13. Right of way for La Grante Seepage Ditch over Section 15 as in now established and is used. 14. Right of way for Highland Valles Reservoir and Ditch over Section 15 as is now established and used. 15. Right of way for Nauman Lake Reservoir over Section 15 as is now established and used. 16. Right of way for Hogarty Reservoir over Sections 15 and 22 and any and all rights of way therefore as is now established and used. 17. Easement and right of way for the purpose of extinguishing fires in the City limits of Greeley,to draw and use water, as conveyed to the trustees of the Town of Greeley in instrument recorded December 22, 1873 in Book 10 at Page 269 affecting the E V2 NW '/<of Section 22. 18. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document: In favor of: Colorado Telephone Company Purpose: right of way to construct,operate and maintain its lines Recording Date: June 23, 1906 Recording No: Book 234,Page 491 19. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document: In favor of: Weld County,Colorado Purpose: right of way for public highway Recording Date: January 17, 1955 Recording No: Book 1409,Page 233 20. Any and all interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Lester B. Adams as Personal Representative of the Estate of Mabel E. Adams, a/k/a Mabel Esma Adams a/k/a Mrs.J.L.Adams,deceased Recording Date: January 7, 1976 Recording No.: Book 756,at Reception No. 1678320 21. Any and all interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: James Lewis Adams Recording Date: January 7, 1976 Recording No.: Book 756,at Reception No. 1678321 22. Any and all interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Lester B.Adams Recording Date: January 7, 1976 Recording No.: Book 756,at Reception No. 1678322 23. Any and all interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Opal Adams Schimek a/k/a Opal Adams Shimek Recording Date: January 7, 1976 Recording No.: Book 756,at Reception No. 1678323 24. Any and all interest in all oil,gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: John Hardin Adams Recording Date: January 7, 1976 Recording No.: Book 756,at Reception No. 1678324 25. Any and all interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Robert Wayne Adams Recording Date: January 7, 1976 Recording No.: Book 756,at Reception No. 1678325 26. Any and all interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Faye Wagner Recording Date: January 7, 1976 Recording No.: Book 756,at Reception No. 1678326 27. Oil and Gas Lease Between Harry D. Rutt an Dorothy J. Rutt and H.J. Willett, recorded April 30, 1981 at Reception No. 1856413 in Book 934 and any and all assignments thereof,or interests therein. 28. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document: In favor of: Bellwether Exploration Co. Purpose: right of way for transportation of Gas,Petroleum or any of its products Recording Date: April 6, 1983 Recording No: Book 993,Reception No. 1922692 29. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document: In favor of: Northern Natural Gas Co. Purpose: right of way to construct,maintain and operate pipelines Recording Date: May 6, 1983 Recording No: Book 995,at Reception No. 1926081 30. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document: In favor of: Northern Natural Gas Co. Purpose: right of way to construct,Maintain and operate a pipeline Recording Date: June 13, 1984 Recording No: Book 1033,Reception No. 1970311 31. Oil and Gas Lease Between the Federal Land Bank of Wichita and Maze Exploration Inc., recorded July 12, 1985 at Reception No. 2016888, in Book 1076 and any and all assignments thereof, or interests therein. 32. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document: In favor of: Colorado Gathering and Processing Corp. Purpose: right of way for construction purposes Recording Date: August 6, 1985 Recording No: Book 1079,Reception No.2019683 33. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document: In favor of: Colorado Gathering and processing Corp. Purpose: right of way to construct, install, relocate, alter, repair, inspect, maintain, remove and operate an underground gas pipeline Recording Date: October 11, 1985 Recording No: Book 1087,Reception No.2028236 34. Reservation of all of the minerals and mineral rights it owned prior to January 1, 1982 together with the right of ingress and egress to remove the same. Minerals and Mineral rights as used herein include but is not limited to, Oil and Natural Hydrocarbon gases; Nonhydrocarbon gases; Helium; Coal and Lgnite; sand and gravel and other mineral and minerals rights, as reserved in Deed recorded July 9, 1986 in Book 1119,Reception No.2060200. 35. Terms, conditions,provisions, agreements and obligations contained in the Right of way agreement as set forth below: Recording Date: April 25, 1996 Recording No.: 2487724 36. Terms, conditions, provisions, agreements and obligations contained in the non-exclusive pipeline easement as set forth below: Recording Date: February 3,2009 Recording No.: 3602976 37. Request for Notification of Surface Development recorded October 15,2007 at Reception No. 3511023. 38. Terms, conditions, provisions, agreements and obligations contained in the Nonexclusive pipeline Easement as set forth below: Recording Date: March 29,2006 Recording No.: 3374199 39. Terms, conditions, provisions, agreements and obligations contained in the Right of way easements and licenses as set forth below: Recording Date: March 29,2006 Recording No.: 3374197 40. A deed of trust to secure an indebtedness in the amount shown below, Amount: $811,396.00 Trustor/Grantor Kevin Lee Anderson and Mary Linda Anderson Trustee: Public Trustee of Weld County Beneficiary: First FarmBank Loan No.: 56184 Recording Date July 28,2010 Recording No: 3707909 41. Assignment of Rents and Leases Recording Date: July 28,2010 Recording No: 3707910 OFidelity National Title Insurance Company POLICY NO: H0276644 OP OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation(the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes by is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term 'encroachment"includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting, regulating, prohibiting, or relating to 74-031-06(6/06) dA06OP ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American No T�E ASSOCIATION Land Title Association. (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors'rights laws by reason of the failure or its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extend provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Countersigned By: _ • NM/144:- Authorized Signature President Attest: Secretary 74031-06(6/06) dA06OP ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and D LAND ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American AMERICAN MERII ASSOCIATION Land Title Association. min EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,attorneys'fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character,dimensions or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims,or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) Resulting in no loss or damage to the Insured Claimant; (d) Attaching or created subsequent to Date of Policy(however this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) Resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditor's rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title shown in Schedule A. CONDITIONS 1.DEFINITION OF TERMS heirs, devisees, survivors, personal are both wholly-owned by the same The following terms when used in representatives,or next of kin; person or Entity,or this policy mean: (B) successors to an (4) if the grantee is a (a) "Amount of Insurance": The Insured by dissolution, merger, trustee or beneficiary of a trust created amount stated in Schedule A, as may consolidation, distribution, or by a written instrument established by be increased or decreased by reorganization; the Insured named in Schedule A for endorsement to this policy, increased (C) successors to an estate planning purposes. by Section 8(b), or decreased by insured by its conversion to another (ii) With regard to (A), (B), Sections 10 and 11 of these kind of Entity; Conditions. (C), and (D) reserving, however all D a grantee of an rights any (b) "Date of Policy": The date Insured under) and defenses to a deed delivered without succcessorthat the Company would designated as "Date of Policy" in payment of actual valuable have had against any predecessor Schedule A. consideration conveying the Title Insured. (c) "Entity": A corporation, (1) if the stock, (e) "Insured Claimant": An partnership, trust, limited liability shares, memberships, or other equity Insured claiming loss or damage. company,or other similar legal entity. interests of the grantee are wholly- (f) "Knowledge" or "Known:" (d) "Insured": The insured named owned by the named Insured, Actual knowledge, not constructive in Schedule A. (2) if the grantee knowledge or notice that may be (1) The term "Insured" wholly owns the named Insured, imputed to an Insured by reason of the also includes (3) if the grantee is Public Records or any other records (A) successors to the Title wholly-owned by an affiliated Entity of that impart constructive notice of of the Insured by operation of law as the named Insured, provided the matters affecting the Title. distinguished from purchase, including affiliated Entity and the named Insured 74-031-06(6/06) dA06OP ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees andmom ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American u o Le Land Title Association. esSocieii5" mai (g) "Land": The land described in The Insured shall notify the and prosecute any action or proceeding Schedule A, and affixed improvements Company promptly in writing (i) in case or to do any other act that in its option that by law constitute real property. of any litigation as set forth in Section may be necessary or desirable to The term "Land" does not include any 5(a) of these Conditions, (ii) in case establish the Title, as insured, or to property beyond the lines of the area Knowledge shall come to an Insured prevent or reduce loss or damage to described in Schedule A, nor any right, hereunder of any claim of title or the Insured. The Company may take title, interest, estate, or easement in interest that is adverse to the Title, as any appropriate action under the terms abutting streets, roads, avenues, insured, and that might cause loss or of this policy, whether or not it shall be alleys, lanes, ways, or waterways, but damage for which the Company may liable to the Insured. The exercise of this does not modify or limit the extent be liable by virtue of this policy, or(iii)if these rights shall not be an admission that a right of access to and from the the Title, as insured, is rejected as of liability or waiver of any provision of Land is insured by this policy. Unmarketable Title. If the Company is this policy. If the Company exercises (h) "Mortgage": Mortgage,deed of prejudiced by the failure of the Insured its rights under this subsection, it must trust, trust deed, or other security Claimant to provide prompt notice, the do so diligently. instrument, including on evidenced by Company's liability to the Insured (C) Whenever the Company electronic means,authorized by law. Claimant under the policy shall be brings an action or asserts a defense (i) "Public Records": Records reduced to the extent of the prejudice. as required or permitted by this policy, established under state statutes at 4. PROOF OF LOSS the Company may pursue the litigation Date of Policy for the purpose of In the event the Company is to a final determination by a court of imparting constructive notice of matters unable to determine the amount of loss competent jurisdiction, and it expressly relating to real property to purchasers or damage, the Company may, at its reserves the right, in its sole discretion, for value and without Knowledge. With option, require as a condition of to appeal from any adverse judgment respect to Covered Risk 5(d), "Public payment that the Insured Claimant or order. Records"shall also include fumish a signed proof of loss. The 6. DUTY OF INSURED environmental protection liens filed in proof of loss must describe the defect, CLAIMANT TO COOPERATE the records of the clerk of the United lien, encumbrance, or other matter (a) In all cases where this policy States District Court for the district insured against by this policy that permits or requires the Company to where the Land is located. constitutes the basis of loss or damage prosecute or provide for the defense of (j) "Title": The estate or interest and shall state, to the extend possible, any action or described in Schedule A. the basis of calculating the amount of redceedl secure and any (k) the loss or appeals,the Insured shall to the "Unmarketable Title": Title damage. Company the right to so prosecute or affected by an alleged or apparent 5. DEFENSE AND provide defense in the action or matter that would permit a prospective PROSECUTION OF ACTIONS proceeding, including the right to use, purchaser or lessee of the Title or (a) Upon written request by the at its option, the name of the Insured lender on the Title to be released from Insured, and subject to the options for this purpose. Whenever requested the obligation to purchase, lease, or contained in Section 7 of these by the Company, the Insured, at the lend if there is a contractual condition Conditions, the Company, at its own Company's expense, shall give the requiring the delivery of marketable cost and without unreasonable delay, Company all reasonable aid (i) in title. shall provide for the defense of an securing evidence, obtaining 2. CONTINUATION OF Insured in litigation in which any third witnesses, prosecuting or defending INSURANCE party asserts a claim covered by this the action or proceeding, or effecting The coverage of this policy shall policy adverse to the Insured. This settlement, and (ii) in any other lawful continue in force as of Date of Policy in obligation is limited to only those stated act that in the opinion of the Company favor of an Insured, but only so long as causes of action alleging matters may be necessary or desirable to the Insured retains an estate or interest insured against by this policy. The establish the Title or any other matter in the Land, or holds an obligation Company shall have the right to select as insured. If the Company is secured by a purchase money counsel of its choice (subject to the prejudiced by the failure of the Insured Mortgage given by a purchaser from right of the Insured to object for to furnish the required cooperation, the the Insured, or only so long as the reasonable cause) to represent the Company's obligations to the Insured Insured shall have liability by reason of Insured as to those state causes of under the policy shall terminate, warranties in any transfer or action. It shall not be liable for and will including any liability or obligation to conveyance of the Title. This policy not pay the fees of any other counsel. defend, prosecute, or continue any shall not continue in force in favor of The Company will not pay any fees, litigation, with regard to the matter or any purchaser from the Insured of costs, or expenses incurred by the matters requiring such cooperation. either (i) an estate or interest in the Insured in the defense of those causes (b) The Company may Land, or(ii) an obligation secured by a of action that allege matters not insured reasonably require the Insured purchase money Mortgage given to the against by this policy. Claimant to submit to examination Insured. (b) The Company shall have the under oath by any authorized 3. NOTICE OF CLAIM TO BE right, in addition to the options representative of the Company and to GIVEN BY INSURED contained in Section 7 of these produce for examination, inspection, CLAIMANT Conditions, at its own cost, to institute and copying, at such reasonable times 74-031-06(6/06) dA06OP ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and MEMO ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American ND0.TIT E Land Title Association. ASSOCIATION mg and places as may be designated by by the Insured Claimant that were of a right of access to or from the Land, the authorized representative of the authorized by the Company up to the or cures the claim of Unmarketable Company, all records, in whatever time of payment and that the Company Title, all as insured, in a reasonably medium maintained, including books, is obligated to pay;or diligent manner by any method, ledgers, checks, memoranda, (ii) To pay or otherwise settle including litigation and the completion correspondence, reports, e-mails, with the Insured Claimant the loss or of any appeals, it shall have fully disks, tapes, and videos whether damage provided for under this policy, performed its obligations with respect bearing a date before or after Date of together with any costs, attorney's fees, to that matter and shall not be liable for Policy, that reasonably pertain to the and expenses incurred by the Insured any loss or damage caused to the loss or damage. All information Claimant that were authorized by the Insured. designated as confidential by the Company up to the time of payment (b) In the event of any litigation Insured Claimant provided to the and that the Company is obligated to including litigation by the Company or Company pursuant to this Section shall pay. with the Company's consent, the not be disclosed to others unless, in the Upon the exercise by the Company shall have no liability for loss reasonable judgment of the Company, Company of either of the options or damage until there has been a final it is necessary in the administration of provided for in subsections (b)(i) determination by a court of competent the claim. Failure of the Insured or(ii),the Company's obligations to the jurisdiction, and disposition of all Claimant to submit for examination Insured under this policy for the appeals, adverse to the Title, as under oath, produce any reasonably payments required to be made, shall insured. requested information, or grant terminate, including any liability or (c) The Company shall not be permission to secure reasonably obligation to defend, prosecute, or liable for loss or damage to the Insured necessary information from third parties continue any litigation. as required in this subsection, unless for liability voluntarily assumed by the 8. DETERMINATION AND Insured in settling any claim or suit prohibited by law or governmental EXTENT OF LIABILITY without the prior written consent of the regulation, shall terminate any liability This of the Company under this policy as to policy is a contract of Company. that claim. indemnity against actual monetary loss 10. REDUCTION OF that OPTIONS TO PAY OR or damage sustained or incurred by the INSURANCE; REDUCTION OTHERWISE SETTLE Insured Claimant who has suffered loss OR TERMINATION OF or damage by reason of matters LIABILITY CLAIMS; TERMINATION OF insured against by this policy. LIABILITY (a) The extent of liability of the All t payments under made this policy, except In case of a claim under this policy, Company for loss or damage under this payments exp esfor costs, attorneys' the Company shall have the following fees, and xuen , shall n policy shall not exceed the lesser of reduce the Amount of Insurance b the additional options: (i) the Amount of Insurance; y (a) To Pay or Tender Payment of or amount of the payment. the Amount of Insurance. 11. LIABILITY NONCUMULATIVE (ii) the difference between The Amount of Insurance shall be To pay or tender payment of the the value of the Title as insured and the reduced by any amount the Company Amount of Insurance under this policy value of the Title subject to the risk pays under any policy insuring a together with any costs, attorneys'fees, insured against by this policy. and expenses incurred by the Insured Mortgage to which exception is taken in Claimant et were authorized by the (b) If the Company pursues its Schedule B or to which the Insured has rights under Section 5 of these agreed, assumed, or taken subject, or Company up to the time of payment or Conditions and is unsuccessful in which is executed by an Insured after tender of payment and that the establishing the Title as insured, Company is obligated to pay Date of Policy and which is a charge or Upon the exercise by the (i) the Amount of Insurance lien on the Title, and the amount so Company of option, all liability y the shall be increased by 10%and paid shall be deemed a payment to the Compaons this the Company to the (ii) the Insured Claimant shall Insured under this policy. Insured under this policy, other than to have gthe right to have the loss or 12. PAYMENT OF LOSS make the damage determined either as of the When liability and the extent of payment required in this date the claim was made by the loss or damage have been definitely subsection, shall terminate, including Insured Claimant or as of the date it is fixed in accordance with these any liability or obligation to defend, settled and paid. prosecute,or continue any litigation. Conditions, the payment shall be made (b) To Pay or Otherwise Settle (c) In addition to the extent of within 30 days. With barties Other Than the e Insured or liability under(a)and(b),the Company 13. RIGHTS OF RECOVERY With the its d Claimant. will also pay those costs, attorneys' UPON PAYMENT OR fees, and expenses incurred in SETTLEMENT (i) To pay or otherwise settle accordance with Sections 5 and 7 of with other parties for or in the name of these Conditions. (a) Whenever the Company shall an Insured Claimant any claim insured 9. LIMITATION OF LIABILITY have settled and paid a claim under against under this policy. In addition, this policy, it shall be subrogated and the Company will pay any dostn, (a) If the Company establishes entitled to the rights of the Insured attorney fees, and expenses incurred the Title,or removes the alleged defect, Claimant in the Title and all other rights lien or encumbrance, or cures the lack 74-031-06(6/06) dA06OP ALTA Owner's Policy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and ma>♦ ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American LAM ANDR E TIT Land Title Association. ASSOCIATION ik no and remedies in respect to the claim or claim arising out of the transaction 16. SEVERABILITY that the Insured Claimant has against giving rise to this policy. All arbitrable any person or property, to the extent of matters when the Amount of Insurancepolicy, the event i any part, is provision ino althids the amount of any loss, costs, is$3,000,000 or less shall be arbitrated or in unenforceableb or in is held invalid , attorneys' fees, and expenses paid by at the option of either the Company or the policshall under applicable law, the Company. If requested by the the Insured. All arbitrable matter when polcy provision hll be deemed not to Company, the Insured Claimant shall the Amount of Insurance is in excess of include that or such part held execute documents to evidence the invalid, but all other provisions $2,000,000 shall be arbitrated only shall remain in full force and effect. transfer to the Company of these rights when agreed to by both the Company 17. CHOICE OF LAW; FORUM and remedies. The Insured Claimant and the Insured. Arbitration pursuant shall permit the Company to sue, to this policy and under the Rules shall Cge theof Law: The yns has compromise, or settle in the name of be binding upon the parties. Judgment acknowledges underwritten Company has the Insured Claimant and to use the upon the award rendered by the policy and the mks covered ey ium name of the Insured Claimant in any Arbitrator(s) may be entered in any charged and determined the premium transaction or litigation involving these court of competent jurisdiction. law therefore in reliancereal upon the rights and remedies. 15. LIABILITY LIMITED TO THIS law affecting interests in n property If a payment on account of a claim POLICY; POLICY ENTIRE and remedies, , the interpretation, does not fully cover the loss of the lice re of tee or enforcement of Insured Claimant, the Company shall CONTRACT policies of title insurance of the defer the of its right to (a) This policy together with all jurisdiction where the Land is located. until f the exercisethe Insured Claimant tto recoverseall endorsements, if any, attached to it by Therefore, the court or an have recovered its loss. the Company is the entire policy and arbitrator shall apply the law of the (b) Company's right of contract between the Insured and the jurisdiction where the Land is located to subrogation b) The Cm the i of the Company. In interpreting any provision determine the validity of claims against Insured to indemnities,t guaranties,fthof this policy, this policy shall be the Title that are adverse to the Insured construed as a whole. and to interpret and enforce the terms other policies of insurance, or bonds, notwithstanding any or (b) Any claim of loss or damage of this policy. In neither case shall the twitst in those terms ror conditionsents that that arises out of the status of the Title court or arbitrator apply its conflicts of address subrogation rights. or by any action asserting such claim law principles to determine the 14. ARBITRATION shall be restricted to this policy applicable law. Either the Company or the Insured (C) Any amendment of or (b) Choice of Forum: Any may demand that the claim or endorsement to this policy must be in litigation or other proceeding brought controversy shall be submitted to writing any authenticated by an by the Insured against the Company arbitration pursuant to the Title authorized person, or expressly must be filed only in a state or federal Insurance Arbitration Rules of the incorporated by Schedule A of this court within the United States of American Land Title Association policy. America or its territories having ("Rules"). Except as provided in the (d) Each endorsement to this appropriate jurisdiction. Rules, there shall be no joinder or policy issued at any time is made a part 18. NOTICES,WHERE SENT consolidation with claims or of this policy and is subject to all of its Any notice of claim and any other terms and provisions. Except as the notice or statement in writing required controversies of other persons. endorsement expressly states, it does to be given to the Company under this Arbitrable matters may include, but are not limited to, any controversy or claim not (i) modify any of the terms and policy must be given to the Company at arising out of or relating to this policy, provisions of the policy, (ii) modify any Heritage Title Company, Inc., Attn: any service in connection with its prior endorsement, (iii)extend the Date Claims Department, Post Office Box of Policy, or(iv)increase the Amount of 45023, Jacksonville, Florida 32232- issuance or the breach of a policy provision, or to any other controversy Insurance. 5023. 74-031-06(6/06) dA06OP ALTA Owner's Policy (6 Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and MERICA) ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American LAN AMERICAmown Land Title Association. ASSOCIATION 3/16/2015 Ticket A507501397-00A Type NEW ENGR LREQ Ticket A507501397-00A Account LAT40 Completed 03/16/15 01:10:53 PM Locate By Date 03/18/15 11:59:00 PM Meet Scheduled NO Phone# 970-515-5294 Caller BRYAN BURNETT Email locate@lat40pls.com Company LAT40 Address 6250 W 10TH ST UNIT 2 City,State ZIP GREELEY, CO 80634 Alternate Contact BRYAN Alternate Phone 970-415-0536 Done For SELF Work Type ENGINEERING Explosives NO Directional Boring?NO County WELD Place Street Address COUNTY ROAD 31 Cross Street 1 STATE HIGHWAY 392 } \\ S \\\ Highway 392 State Highway 392 �- County Road 68 . Greeley Nc /al J92, County R. _;. r i/ Hoyarty Reservoir Greefty- Grids 06N066W15SE, 06N066W15SW, 06N066W22NE, 06N066W22NW Location Description AT A PT 1250 FT E/OF INT TO ACCESS RD ON S/SIDE OF HWY 392. BEGIN LOC N/FROM C/L OF HWY 150 FT, CONT E/150 FT TO LAKE CORNER. LOC E/ALONG S/LAKE EDGE AND CONT E/600 FT TO P/L. CONT S/200 FT TO C/L OF HWY, CONT W/1400 FT TO START PT TO INCLUDE ALL AREA WITHIN. PLEASE EMAIL FACILITY MAPS OR CALL BRYAN WITH ??'S ATMS01 ATMOS ENERGY DPPORTAL TESTING DAMAGE PREVENTION PORTAL NOBL10 NOBLE ENERGY INC NWCH2O NORTH WELD COUNTY WATER DISTRICT PCFTG02 XCEL ENERGY--APPT SCHED PCNC00 XCEL ENERGY PCNG03 XCEL ENERGY HI PRESSURE GAS PDC01 P D C ENERGY QLNCNCOO QWEST LOCAL NETWORK http://newtina.uncc.org/newtinweb/UNCC_RemoteTE.html#divShowTicket 1/2 'i '4 ; N p 0o k i 0 0 co 1 a N (N t # $ i » r t » 3 CD , to , N N ; o 1 co y Z co q ` 1 .� t 4 V7 1 1 a J t y 3`r `4. 1 E rtr /�, . < 7 / o t N I- 3 . ....,, ___, 1 1 - a 4 S I' • e ss C c f I— O 3 ,, W 12 t W g 74 '`. ' C 1 , 0 W i ii:':"ie, "tom I Q 4 � W � _ W o o .� J Q fr_ W C N ' o f Z£908 O��(a�aaJO U w. Q ' 99L 9 Od l..,_. xo S g ED ' pieo8 ay;of*lap. .. J __r d , c / ; �ioroo 'mooRem g l..i Exhibit-A PROPERTY DESCRIPTION A parcel of land being a portion of those certain Right-of-ways conveyed to Weld County,Co.on January 17,1955 in Book 1409,Page 233 and on February 21,1955 in Book 1412,Page 306 lying North of the North Right-of-way line of State Highway 392 as described in State of Colorado Transportation Commission Resolution No.650-D,affective January 16,1976,said parcel being situate in the Southeast Quarter of the Southwest Quarter(SEI/4SW l/4)of Section Fifteen(15),Township Six North(T.6N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6°i P.M.), County of Weld,State of Colorado,being more particularly described as follows: COMMENCING at the Southwest Corner of the SEl/4SW 1/4 of said Section 15 as monumented by a#6 rebar with a 2.5"aluminum cap L.S.38175 and assuming the South line of said SE U4SW 1/4 as monumented on the East end by a #6 rebar with a 2.5"aluminum cap L.S.19585 as bearing North 89°55'50"East,being a grid bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983,a distance of 1348.55 feet with all other bearings contained herein being relative thereto; The lineal dimensions as contained herein are based upon the"U.S.Survey Foot." THENCE North 00°25'49"West along the West line of the SE 1/4SW 1/4 of said Section 15 a distance of 97.10 feet to the North Right-of-way line of said State Highway 392 and to the POINT OF BEGINNING; THENCE continuing North 00°25'49"West along the West line of the SEI/4SW I/4 of said Section 15 a distance of 82.78 feet to the North line of said Right-of-way conveyed to Weld County in Book 1412,Page 306; The following Five(5)courses and distances are along the North line of said Right-of-way conveyed to Weld County in Book 1412,Page 306: THENCE North 65°57'50"East a distance of 360.89 feet; THENCE North 62°27'50"East a distance of 112.50 feet; THENCE South 61°50'10"East a distance of 346.80 feet; THENCE South 71°20'10"East a distance of 270.10 feet; THENCE South 76°15'10"East a distance of 55.64 feet to the North Right-of-way line of said State Highway 392; THENCE South 88°59'20"West along said North Right-of-way line of State Highway 392 a distance of 251.96 feet to the South line of said Right-of-way conveyed to Weld County in Book 1409,Page 233; The following Two(2)courses and distances are along the South line of said Right-of-way conveyed to Weld County in Book 1409,Page 233: THENCE North 71°20'10"West a distance of 100.34 feet to a Point of Curvature(PC); THENCE along the arc of a curve concave to the South a distance of 583.46 feet, said curve has a Radius of 724.00 feet,a Delta of 46°10'26",and is subtended by a Chord bearing South 85°34'41" West a distance of 567.80 feet to the North Right-of-way line of said State Highway 392; THENCE South 88°59'20"West along said North Right-of-way line a distance of 131.34 feet to the POINT OF BEGINNING; Said parcel contains 115,710 sq.ft.or 2.66 acres more or less(+/_),and is subject to any rights-of-way or other easements of record as now existing on said described parcel of land. SURVEYORS CERTIFICATE 1,Brian T.Brinkman,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared by me or under my personal supervision and checking,and that it is tote and correct to the best of my knowledge and belief. •&-,':','.,:: )''' ,7;G N,15 15 .Frsa✓S 0 Lei s"U ih. 4'.:},,1 5 I C tJ',p, �� / \'JLc�� '' '41.iT...e,4.,,.:1 l�r:�,= SHEET 1 OF 2 Brian T.Brinkmai`t"yt'n-behalf of Lat40°,Inc. Colorado Licensed Professional Land Surveyor#38175 Lat40°,Inc. Professional Land Surveyors 6250 W.10th Street,Unit#2 Greeley,CO 80634 (970)515-5294 Lat40°, Inc. 6250 W. 10th Street, Unit 2, Greeley, CO 970-515-5294 EXHIBIT A SECTION: TOWNSHIP, 6N THIS MAP DOES NOT REPRESENT A BOUNDARY SURVEY RANGE: 66W Fli --1\1- S 00'33'00'E 2645.58' — — o — — �■ - - T+mNO1 € zsx.m �Z' riw U ZZ gc m?-' I ' :. Zoo OO Ny� I 0 .<,6 I 68x0. m Y .'-< W�mG? WR . &3 w 114 zj0 8<�• � yy� nN N ow 8 W:- d'F7m N m, in on g° I 8m u) ₹N S _ Za ,� r 0.-O N 8 Fr b o ex n I S-844 CO 34 b t ( t- o k I z m o,n N P) wo %8 N4 k) C 3, - 5 ^y Io 8Y II • �xb I m b!I dub a��g $ ;<= w�; w� �o m6 Io z 7�aw% N� N b o i,1 I mE U N 8P- ag ,10:1,§ 5 it I II 13 I 07 n I 1= a n La � �� 1. R• ER g� N 22 � ��rTi iV ��'� Q' <` F �' mz ZF Npx m< z,zoo m ��}a W de i4wc� liU z yoz�11, 3 '- � In i II,Igi p§ K .'. m N N 0025'49'W 2642.27' ' •� - 2462.39' 97.10' w 1L 'P Z 's N m iA rn r ; mXw I � a N g 6 Nm> Pi xm'� ~ n jai !� 1 < x gx-w§ z x z Ei?2 rr vi a8 'e NWv NE,c2 «44.0.2 0 150 a,y1. •. 3 � ~� U .3a 3W �Fzi l 1 ''1 ,-mzma� yVyl61, ) 1"..150' dd 77 A y� N 3NwN ,, ♦T:3'1��.,a u,'r" NIA8=Jai ..i0- ';',-,,;,....5-//3//07d:‘...?'t'''",,, .b.: ' NOTE: This exhibit drawing is not intended to be a t, "" s"° monumented land survey. It's sole purpose is as a �'15'4t LAbyr ri." graphic representation to aid in the visualization of ,,,,,,T,„..,.:1:,27.5,...;,-'' ..t� SHEET 2 OF 2 the written property description which it accompanies. Brian T. Brinkman—On behalf of Lat40', Inc. The written property description supersedes the Colorado Licensed Professional DATE 5/13/2015 exhibit drawing. Land Surveyor No. 38175 PR0JECT#. 2014107 Hello