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Home My WebLink About20143919 .1,961 LAND USE APPLICATION py;:. ,YY SUMMARY SHEET 1 r� Planner: Kim Ogle Hearing: Director Approval Case Number: MUSR14-0015 Property Owner Turnpike Limited Liability Company Applicant: c/o Corey Huwa, 4626 County Road 65, Keenesburg, CO 80643 Request: A Minor Amendment to USR-1686 (Amold's Custom Seeding) for a Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, to include a 13,400 SF Hay/Straw Storage Building, a 3,600 SF addition to the current Storage Building, a 10,000 SF New Office building, a 10,800 SF addition to the current Office Building; a 16;200 SF addition to the Shop building and increasing the employee numbers to 100 persons, in the A (Agricultural)Zone District Lot B of RE-1514; being part of the NW4 cf Section 9, T1N, R63W of the 6th P.M., Legal : Weld County, Colorado Location: South of and adjacent to State Hwy 52 and East of and adjacent to County Road 65 Size of Parcel: +/- 153 acres Parcel No. 1477-09-0-00-080 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses with from the following agencies: • Weld County Department of Public Health and Environment, referral dated August 25, 2014 • Division of Water Resources, referrals dated August 15, August 26, 2014 ▪ Weld County Department of Public Works—Access, referral dated August 27, 2014 • Colorado Ground Water Commission, referral dated August 28, 2014 • Weld County Department of Building Inspection, referral dated August 28, 2014 • Weld County Department of Planning Services - Engineer, referral dated September 8, 2014 The Department of Planning Services' staff has received responses without from the following agencies: • Southeast Weld Fire Protection District, referral dated August 4, 2014 • Weld County Zoning Compliance, referral dated August 5, 2014 • Weld County Extension Office, referral dated August 14, 2014 ▪ Weld County Sheriff's Office referral dated August 19, 2014 • Colorado Parks and Wildlife, referral dated August 27, 2014 • Town of Keenesburg, referral dated September 1, 2014 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County School District RE-3J • Great Western Oil Company • Colorado Department of Transportation • Noble Energy, Inc. • Brighton Soil Conservation District MUSR14-0015,Turnpike Limited Liability Company,page 1 R O19 2014-3919 • TV SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Kim Ogle Hearing: Director Approval Case Number: MUSR14-0015 Property Owner Turnpike Limited Liability Company Applicant: c/o Corey Huwa, 4626 County Road 65, Keenesburg, CO 80643 Request: A Minor Amendment to USR-1686 (Arnold's Custom Seeding) for a Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, to include a 13,400 SF Hay/Straw Storage Building, a 3,600 SF addition to the current Storage Building, a 10,000 SF New Office building, a 10,800 SF addition to the current Office Building; a 16,200 SF addition to the Shop building and increasing the employee numbers to 100 persons, in the A (Agricultural)Zone District Lot B of RE-1514; being part of the NW4 of Section 9, TIN, R63W of the 6th P.M., Legal : Weld County, Colorado Location: South of and adjacent to State Hwy 52 and East of and adjacent to County Road 65 Size of Parcel: +/- 153 acres Parcel No. 1477-09-0-00-080 Narrative: Arnold's Custom Seeding Company is proposing to amend USR-1686 for the purpose to include a 13,400 SF Hay/Straw Storage Building, a 3600 SF addition to the Storage Building, a 10,000 SF New Office building, a 10,800 SF addition to the current Office Building; a 16,200 SF addition to the Shop building and increasing the employee numbers to 100 persons. The existing uses permitted with USR-1686 would continue to allow for daily operations, maintenance and storage for the 6000 acre family farming operation and custom seeding business. No other modifications to the current permit are requested. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-20 A.Policy 7.1. County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. The applicant has indicated that the original +/- 27.5 acre area of improvements does not take any lands out of agricultural production as this area is encumbered by existing office, storage shop areas and other improvements. The applicant further states that the business is located MUSR14-0015,Turnpike Limited Liability Company,page 2 1,200 feet from the County Road and is approximately 1,400 feet from the nearest residence. The applicant has planted trees and continues to add trees and shrubs to screen the outdoor parking areas from the surrounding properties and surrounding property owners and the applicant will be planting 20-30 acres of native dry land grass for wildlife habitat. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. Planning Staff has not received telephone calls, mail or electronic mail from adjacent, surrounding or interested parties associated with this proposed amendment. 2. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The existing facility, located at 4626 County Road 65 is located within three miles of the Town of Keenesburg. The Town of Keenesburg returned a referral dated September 1, 2014, indicated no conflicts with their interests. The current facility operations include up to 41 employees, and this proposed amendment is to add office, warehouse and shop building space and increase the employee numbers to 100 persons. The attached Development Standards and Conditions of Approval address the requirements of the referral agencies. 3. Not deemed to be a major change. A Pre-Application (PRE14-0026) meeting was held on January 31, 2014 where staff determined that a Minor Amendment to the existing land use permit would be required. 4. Must be consistent with the original development standards. All of the original development standards are still applicable and have been updated as appropriate and will be listed on the MUSR map. This approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The map shall be amended to delineate the following: A. All sheets of the map shall be labeled MUSR14-0015. B. The map shall be prepared per Section 23-2-260.D of the Weld County Code. C. The attached Development Standards. D. County Road 65 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right- of-way and this information shall be noted on the map. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. E. State Highway 52 requires 150 feet right-of-way at full build out. A total of 75 feet from the centerline of State Highway 52 shall be delineated future right-of-way for the future expansion of State Highway 52. The map shall delineate the existing right-of-way and the documents which created it along with any additional future right-of-way required. MUSR14-0015,Turnpike Limited Liability Company,page 3 F. Please delineate a 60 foot radius for the access off of County Road 65. G. Please delineate the stop blocks, or similar for the parking stalls adjacent to the office buildings. H. Please delineate the existing and proposed trees, and the location of the new 20-30 acre dry land prairie. Please delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. J. Please delineate the site lighting on the map. K. Please delineate the existing bridge located about eighty (80) feet from the site access and the existing irrigation ditch on the property adjacent to County Road 65. L. Please show the existing access on the map and label it with the approved Access Permit Number(AP14-00358). M. Show all recorded easements on the map, include Book and Page and/or Reception number and date. N. Please delineate the signs associated with the facility, all locations. O. Add the following signature blocks: CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES - ADMINISTRATIVE REVIEW This minor amendment map is accepted and approved by the Department of Planning Services for filing. State of ) Director, Department of Planning Services )ss. County of The foregoing certification was acknowledged before me this day of , 2014. My commission expires Witness my hand and Seal. Notary Public PROPERTY OWNER'S CERTIFICATION The undersigned major property owner(s) do hereby agree to the Minor Amendment of the Site Specific Development Plan and Use by Special Review Standards as described hereon this day of .. .. . , 2014. Name of Signee on behalf of Turnpike Limited Liability Corporation MUSR14-0015,Turnpike Limited Liability Company,page 4 2. Prior to recording the map: A. The applicant shall address the requirements (concerns) of the Department of Public Works, specifically address: 1. The applicant shall use the Public Works Drainage Narrative and Water Quality Guidance to calculate your total site imperviousness. Planning/Engineer Jennifer Petrik is available to provide assistance, or to answer any questions. Delineate the Water Quality Feature Volume(WQFV) numbers in cubic feet on the map. 2. An Improvements Agreement will be required for this site. Road maintenance including damage repairs and triggers for improvement will be a part of the Agreement (trucking and haul route). Contact Rich Hastings, Compliance Specialist, 970-356-4000, extension 3727 for more information. B. The applicant shall address the requirements (concerns) of Weld County Department of Environmental Health, specifically address: '1. The applicant shall submit written evidence of a commercial well to the Department of Public Health and Environment. 3. Upon completion of Condition of Approval #1 and # 2 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The map shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within sixty (60) days from the date the administrative review was signed or date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4, In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map not be recorded within the required sixty (60) days from the date the administrative review was signed or date of the Board of County Commissioners Resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MOB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maosaco.weld.co.us. 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County C Recorder. • By ) Date: September 10, 2014 Tom Parko, Director of Planning MUSR14-0015,Turnpike Limited Liability Company,page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Turnpike, LLC M USR14-0015 1, A Minor Amendment to USR-1686 (Arnold's Custom Seeding) for a Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, to include a 13,400 SF Hay/Straw Storage Building, a 3,600 SF addition to the current Storage Building, a 10,000 SF New Office building, a 10,800 SF addition to the current Office Building; a 16,200 SF addition to the Shop building and increasing the employee numbers to 100 persons, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved waste handling plan, at all times. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld Courty Code. (Department of Public Health and Environment) 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing private water supply. (private well) (Department of Public Health and Environment) 10. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) MUSR14-0015,Turnpike Limited Liability Company,page 6 12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Pubic Health and Environment) 13. The number of on-site employees shall be commensurate with the number of persons which the septic system may accommodate in accordance with the requirements of the Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of Planning Services) 14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds(VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 15. Any vehicle washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 16. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 17. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment(CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 18. The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 20. A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any new structures, additions or renovation to any structures. (Department of Building Inspection) 21. A building permit application must be completed and two complete sets of engineered plans. (Department of Building Inspection) 22. A code analysis prepared by a design professional, licensed bin the State of Colorado shall be submitted with permit application. (Department of Building Inspection) 23. MSDS sheets for all materials stored shall be submitted with building permit applications. (Department of Building Inspection) 24. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code: 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) MUSR14-0015,Turnpike Limited Liability Company,page 7 25. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and comments and submitted with Commercial Permit application to Weld County. (Department of Building Inspection) 26. Building Permits issued on the lot will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program. (Department of Planning Services) 27. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) 28. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 29. The landscaping, screening and fencing on site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 30. Hours of operation shall be from 7:00am to 7:00pm Monday through Saturday. (Department of Planning Services) 31. The site shall be limited to no more than one hundred (100) employees on site. (Department of Planning Services) 32. There shall be no parking or staging on County Road 65. Utilize on-site parking. (Department of Public Works) 33. The access to the facility shall be located on County Road 65, only. (Department of Planning Services) 34. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 35. Necessary personnel from the Weld County Departments of Planning Services, Planning Services-Engineer, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 36. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 37. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 38. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. MUSR14-0015,Turnpike Limited Liability Company,page 8 39. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 40. Prior to the Use by Special Review (USR) area being leased, transferred, or sold the applicant shall apply in writing and receive written approval in the appropriate county land division process (recorded exemption, subdivision, planned unit development, or subdivision exemption). 41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs MUSR14-0015,Turnpike Limited Liability Company,page 9 and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. MUSR14-0015, Turnpike Limited Liability Company, page 10 MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW(USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number1SZ2- -JL-A...&-A_A-0 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) Legal Description NJ W 141 Sec 9 liNl Q 63IA,Section 7, Township L North, Range alWest Zone District: A. , Total Acreage: L4 7 I I , Flood Plain: , Geological Hazard: Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: ltktrn plkt (_%.„,,,i-edal LtalG7 r�Orrw ptrsf : .. I I ^ 7" t . , Work Phone# 30767-4ntlome Phone# 0- mail Address: inn w[_ (. ,C Address: Rt.O City/State/Zip Code K..te_n.e s 1=•ur r L TO 64 3 Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Work Phone# 3,,1-7 z-'tozf Home Phone# 7/ i-4r q,' Email O t t , , „c • „zl'r,. .r, ,,.� Address: 4L? r, u r o r Address: City/State/Zip Code 1-1_,„,e hnas b,. y ,, C o 96(c43 PROPOSED AMENDMENT: I I I ' I / A Saws r, USE Ta Skew- Pr ern A,NtTlor.s SS Altu G> St ILAC:Ll rs On) Std s PGA." AVIDVID T n /taut L1 Q get ter(( ILa C,re*utlr y asn�n iec g wr I re. gei.s+ 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. Signatures of all fee owners • •roperty must sign this application. If an Authorized Agent signs, a letter of authorization from all fee ow - s r• st be included with the application. If a corporation is the fee owner, notarized evidence must be incl ed diccaa ' thh the signatory has to legal authority to sign for the corporation. gnat .wner or Authorized Agent Date Signature: Owner or Authorized Agent Date Turnpike Limited Liability Company 4626 WCR 65 Keenesburg, CO 80643 Corey Huwa, Owner/Manager 970-381-4042 Cell We propose to use this property for the daily operations, maintenance and storage pertaining to our 6,000 acre family farming operation, and our custom seeding business. This site located in the agriculture district will be as protected as possible from dangers such as flood and fire, while fostering the county's agricultural and business economic bases. This land is considered nonprime farmland as it does not have a consistent supply of quality water. (The high capacity irrigation well is owned by others, we have a year by year lease to use the water). We have planted trees and shrubs for future screen and wildlife. We plan to plant 20 to 30 acres of native dry land grass and more trees for wildlife habitat. Our noise output will not exceed normal agriculture levels. Air and water quality will be protected. We will not handle any radioactive materials. Our heat and light output will be similar to that of the surrounding populations. We will not allow the growth of any noxious weeds and will continue to keep the facility maintained for a visually appealing site. Our facility will use Maxim corn boilers for heat and Coolerado coolers for cooling. These are "green"units that support our local agriculture economy by using locally produced, replenish able, biomass for heat and super efficient coolers for cooling. This facility will employ approximately 100 people, 50 of the 100 people will occupy this facility during the day. We will operate M-Sat 7am-7pm in the summer and M-F 7am-5pm winter We have one post frame building, one steel building and on open sided post frame building. We are planning additions to the post framed building and we are planning an addition to the south end of the steel building. We are also planning additional open hay storage lean-tos. We have no animals on the site. Seed in 50 lb bags along with equipment parts will be stored in the warehouse. Straw and hay in small square, round and large square bales, and faun equipment as well as tractors, pickups and trucks will be store on site. 1 Waste Handling Plan Waste oil and other fluids changed in the process of vehicle maintenance are being recycled by Safety-Kleen 303-761-8614. Safety-Kleen will also handle the disposal of any other chemicals when needed. For everyday trash we have 4 regular size dumpsters that are emptied twice a week by Gray Brother's trash service out of Keenesburg, CO 303-732-4209. We have two 2000 gal double walled above ground diesel fuel storage tanks founded on a 40'x40' concrete pad in the middle of our equipment storage area. The tanks are located on the site in an area that in the event of a spill no local waterways or shorelines will be impacted. However in the event of a spill we have in place a Spill Prevention and Response Policy. See attached document. Safety-Kleen will be utilized to dispose of spill material. All drive ways and parking areas are covered with combined mix of recycled concrete and crushed asphalt with a sub-base of class 3 road at a minimum depth of 6". To minimize dust from the aggregate drives and parking areas, on-site vehicle speeds will be restricted. If necessary drives and parking areas will be watered to aid in dust mitigation. We have a well, Permit#292333. We are in the process of getting the well classification changed from domestic to Commercial. See well permit information in the Utilities Document. Septic permit # SP-0800021 is in place for the exiting Office. Septic permit# SP- 0900055 is in place for the exiting Shop. We are in the process of obtaining another septic permit for the proposed west office addition. See Septic Permit Application in the Utilities Document. Southeast Weld Fire Protection District will provide fire protection, the station is 3 miles away. Traffic Volume We will have semi-trucks weighing up to 85,0001bs, pickups, tractors and employee vehicles accessing this site. There are Approx. 300 total trips in and out of the yard per day between the hours of 6:30 am to 6:00 pm. The majority of traffic goes from CR 65 to Highway 52. 2 The company's facilities and gravel areas are constructed on the high point of the property. The graveled areas (-14 acres) are surrounded by 143 acres or grass area. The graveled areas are graded at a 1% slope in order to minimize run-off flow and allow time for absorption before reaching the grass areas. The site is sandy and historically drainage off the property has not been an issue. Drainage across the property from adjacent properties is limited to road side ditches. Located at the entrance drive adjacent to a culvert, a depressed 2500 cubic foot (ft3) area of ground is used for a water quality capture feature. See calculations for sizing. Area of grass —143 acres Area of gravel—14 acres Area of paved— .23 acres Area of roof— 1.51 acres Total area of site— 157 acres I=((Area of Grass*.02)+(Arca of Gravel >.40)+(Arca of Paved 1.00)+(Arca of Roof>.9)) Total Area of site =((143 .0.02) + (140.40) + (.23 . 1.00) + (1.51 .0.90)) 157 i = .065 Water Quality Capture Volume (WQCV) in feet, (a=1 for drain time of 40 hours) WQCV (ft) = 1(0.91 *0.0653 - 1.19 *0.0652 + 0.78 *0.065) 12 WQCV = .00377 Volume (ft3)= WQCT (ft) * Area of the tributary catchment area upstream (ft3) .00377 * 14 acres (609,840ft2)=2299 ft3 3 H-2 Enterprises, LLC SECTION 32 Spill Prevention and Response Policy 1. Background: H-2 Enterprises has adopted a policy of Zero Environmental Spills or Accidents. The following are general requirements for spill prevention and response procedure. 2. General Requirements n Ensure all hazardous substances are properly labeled. n Store, dispense, and/or use hazardous substances in a way that prevents releases. n Provide secondary containment when storing hazardous substances in bulk quantities (-55 g). n Maintain good housekeeping practices for all chemical materials at the facility. u Routine/Daily checks in the hazardous substance storage area to be performed by 3. Spill Kits Spill kits must contain the appropriate supplies for the materials that may be spilled. The supplies will be easily accessible when required and considerations will be made for both the type and quantity of materials. Spill kits will be located in all H-2 Enterprises vehicles and on equipment. Spill kits will consist of, but not limited to the following: L 2 absorbent socks L 2+ absorbent pads E Gloves Plastic Bag 4. Storage All chemicals and substances must be stored in the proper containers to minimize the potential for a spill. Whenever possible, chemicals will be kept in Revised: 6/1/14 H-2 Enterprises, LLC closed containers and stored so they are not exposed to storm water or other contamination scenarios. 5. Substance Identification Hazardous materials are common in the modern workplace, and it is clearly important that workers know when they are handling these materials to ensure adequate protection and compliance with the proper safety procedures. The Hazard Communication Standard created by OSHA requires that employers who use hazardous substances must make Material Safety Data Sheets (MSDSs) available for employee use and reference, and provide appropriate warning labels on containers of hazardous substances within the facility. 6. Spill Events 6.1 Incidental Release An incidental release is not a release of a hazardous substance which does not pose a significant safety or health hazard to employees in the immediate vicinity or to the employee cleaning it up, nor does it have the potential to become an emergency within a short time frame. Incidental releases are limited in quantity, exposure potential, or toxicity and present minor safety or health hazards to employees in the immediate work area or those assigned to clean them up. An incidental spill may be safely cleaned up by employees who are familiar with the hazards of the chemicals with which they are working. 6.2 Emergency Spill The properties of hazardous substances, such as toxicity, volatility, flammability, explosiveness, corrosiveness, etc., as well as the particular circumstances of the release itself, such as quantity, confined space considerations, ventilation, etc., will have an impact on what employees can handle safely and what procedures should be followed. Additionally, there are other factors that may mitigate the hazards associated with a release and its remediation, such as the knowledge of the employee in the immediate work area, the response and personal protective equipment (PPE) at hand, and the Revised: 6/1/14 H-2 Enterprises, LLC pre-established standard operating procedures for responding to releases of hazardous substances. There are some engineering control measures that will mitigate the release that employees can activate to assist them in controlling and stopping the release. These considerations (properties of the hazardous substance, the circumstances of the release, and the mitigating factors in the work area) combine to define the distinction between incidental releases and releases that require an emergency response. The distinction is facility-specific and is a function of the emergency response plan. In the event of an Emergency Spill the client must be notified within 24 hours 7. Appropriate PPE All employees must determine the exact source of leak or spill, amount and area affected by the release/spill. Personal Protective Equipment is required while responding to release/spills. This will include the following: - Safety Glasses or face shield Gloves - Masks if necessary 8. Reporting All employees must report ALL spills/releases to their immediate supervisors. Supervisor/Foreman must contact the HSE Manager immediately upon reporting. The Safety Committee (Corey Huwa, Sandy Pralle, Tim Erger, and Steve Lutes) will also be contacted in the event of a spill/release within 24 hours. Any spill or release which may impact waters of the State must be reported as soon as practicable; any spill over 20 bbls must be reported within 24 hours and all spills over five bbls must be reported within ten days. Submit a Form 19 (see below). The Client's Representative must be notified immediately for all spills/releases of an Emergency Spill, and 24 hours for Incidental Spill. 9. HAZWOPER H-2 Enterprises does not work with significant chemical hazards. Employees will be trained in HAZWOPER if needed for specific site locations. Revised: 6/1/14 H-2 Enterprises, LLC 10. Disposal of Spill Material Oil spill waste will be cleaned up using spill absorbent material, and drummed for offsite disposal. 11. Training All new hire employees will receive Spill Prevention and Response training at time of hire (See Appendix A). All employees will receive Spill Prevention and Response training annually. All personnel who may respond to any spill, need to be trained on the contents and procedures in this plan. Steve Lutes Date HSE Manager Revised: 6/1/14 H-2 Enterprises, LLC APPENDIX A: Spill Prevention and Response Training Review Name: Purpose: I Ensure the safety and health of employees, public, and the environment - Educate and train the appropriate methods of spill prevention and response as outlined in Section 32. - Watch Video> http://www.youtube.com/watch?v=kb1eXGR21Nw 1. Please list four key points when using spill prevention kits: a. - b. - c. - d. - 2. Identify three items that are included in a Spill Kit: a. — b. — c. - 3. What are the typical spills that you may encounter? a. — b. — c. — 4. What are some of the most effective methods to prevent spills from occurring? a. — b. — c. 5. True or False. All vehicles should be equipped with Spill Response Kits. 6. True or False. You should contact your supervisors in the event that a spill has occurred. I will report all spills to my immediate supervisor, and take appropriate action to prevent and respond to spills. Signature: Date: Revised: 6/1/14 H-2 Enterprises, LLC APPENDIX B Spill/Release Report GENERAL INFORMATION Date of Spill/ Release: Project Location of Spill: Coordinates Project Name: Work Activity at time of Spill Release Weather Condition Type of Spill/ Release: Oil Gas Hydraulic Material Other Person Responsible for Phone Number Work Activity City, State Reporting RELEASE INFORMATION Amount of Spill/ Release < 1 g 1-5 g > 20 g > 50g Notes Dimensions of Spill/ Release Surface Characteristics of Spill Location (Wetland, Well site, ROW, Dirt, Gravel, Vegetation, etc.) Describe Spill/ Release Describe Cause of Spill/ Release Describe Action to Control Spill/ Release CORRECTIVE ACTION Describe Preventative measures planned to prevent future Spill/Release Incident Prepared by: Agency Contacted: Name Phone Date/Time Position Company Revised: 6/1/14 H-2 Enterprises, LLC APPENDIX C: FORM 19 STATE OF COLORADO SPILL/ RELEASE REPORT r FOd/ 1 FOH newt USE ply 19 State of Colorado air Rev 619' Oil and Gas Conservation Commission - INF 11:0_oath Seeet.Suite 901,Cenve'_Cobra o 80213313031094-1"00 Fa.-1 3631991-2 1 39 SPILL/RELEASE REPORT Sol report tawm by (This fvmb Is to be submitted ,the party resoonsitle for the oil and gas soil or release. Any soil or \ release*mice may rueact waters o'the State most be reported as soon as practiatle.any soil over 20 obis must be reported entttn 24 hours and all sells crier five obis ma !be reported wrthn ten days. FAQIir U_ Submit a Site In.estagatnn and Rer,edaaon Atrxplan'Form 27)ellen requesxd by the Director- OPERATOR INFORMATION Name of Ooe•ator _ OGCC Operanr No Phone W mince !;]lees No _ Cty SIBS _LO. rat. Contact Pelson. E-kid's DESCRIPTION OF SPILL OR RELEASE Date V YK den Pacify Name S ho Counts Tyoe of Fad'.(set ''a.toter._nom line.$1. Choir. Section. .Yell Name and`lr to._ 'Oenshp. Range. API Y.enbse_ I.Ie glen. Speat,*dame soiled and rem.erest lin'ads,tar Pe Iolowind refeda's_ Di sidled. CS recur-c .\'ate.Spied lien recur-c Mow_ spllet- Other feco. Goff.\'seer impacted' - I Yes . No Solace hater r'cx ted? I 1 Yes ,_I No Canton-tat wen berm? H Yes - No Area and renal extent 0'spit .. Current land uae leather coca ore. =cek.s. g.desrrrnm. IF LESS THAN A MILE.recut distance IN FEET to nearest.. Sslace..sirs .etlands Cuttings Llvesnn wale.seta. Depth to shabees:around erate•. Cease of sal le .edsAment faire.human err.el&l. Detain]Jescnchon or the werelease rc.aent CORRECTIVE ACTION rl"crtr imm.Nwte rrcf.y.:r Ib.cvK.nW CMtnnW pM Irrnv.nr.tl F urTKf ryremaarl aceenes ocKbdeo lattac Secsrale Sheet r nee-Jed). I V VSI..M1ac,n, ?Man In rto.e.,,MMY•m life.•wtn.nnnl OTHER NOTIFICATIONS .a'the penes and atenraea notified ICourcy,BLI.I,EPA DDT.Local Emergency Pta-nrig C orira or Lire 1f Date Agency Contact Phone i Response I 1 Revised: 6/1/14 �.p0&�i Weld County PublicWorks Dept. �'• # _ 1111 H reet ACS PERVI 1 T P.O. Box 758 G V. Greeley,CO 80632 A�U CAT)ON FORMB4/c W 0Q Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name itt Y r p Ic Name Company s�-Za Address Address vs/Le G5 City Sate Zp City eer Aso 6,401 Gate C o Zp 80443 Phone Business Phone 3o3 "' 7 3Z Qoa( Fax Fax 3J3 - 73 — OS) O E-mail Email ♦=Existing Access A=Proposed Access Parcel Location& &etch The access is on WCR Nearest Intersection:WCR 6,5 &WCR I4(MD' ' - _--'{ --— +'?� µW- - CR -- Datance from Intersection (9,35 �� E Parcel Number ,14710q 0b01) S D — 2.01 3Z ~+4vei tn 3adion/Township/Range 9 / 43 LA) T el 3 13 isthere an existing aocessto the property NO❑ N _ Number of Existing Accesses 3 s� Road S.irface Type& Cbnstruction Information V Asphalt El Gravel Z. Treated ❑ Other WCR 1l d Culvert Sze&Type Materials used to construct Access CYi % Construction Sart Date Finish Date Proposed Use °Temporary(Tracking Pad Required)/ $75 OSngle Residential/$75 O Industrial/$150 0 Snail Commercial or Oil& Gas/$75 ()Large Commercial/$150 QS.ibdivision/$150 O Field(Agriculture Only)/Exempt Ist his aooessassodated with a Banning Process? ONo KUS3 O FE OPUD ()Other Required Attached Documents - Traffic Control Ran -Certificate of Insurance -Access Rot ures(From the Left, light,& into the access) By accepting this permit,the undersigned Applicant,under penalty of perjury,verifiesthat they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant isboun d agreesto comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regardingfadli ' nstr Sgnatur Printed Name ()y' (,(,c1._ Date Appr or ill be issued in minimum of 5 days. Approved by Ftvi Date /10 Access view head on r _- • • n_y--- p - 1 :: . �. i 7 Y, h Access view right Access view left Vince Nissen From: Wayne Howard <whoward@co.weld.co.us> Sent: Wednesday, October 15, 2014 3:27 PM To: Vince Nissen; Michelle Martin Subject: RE: musr14-0015 That should suffice! Wayne Howard, P.E. Development Engineer Development Review Division Department of Planning Services P.O. Box 758, 1555 N. 17th Ave. Greeley, CO 80632 970-353-6100, Ext. 3551 970-304-6498,fax - OyVWV Website: http://www.co.weld.co.us 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: Vince Nissen [mailto:VNissen@acsseeding.com] Sent: Wednesday, October 15, 2014 12:26 PM To: Michelle Martin Cc: Wayne Howard Subject: RE: musrl4-0015 Michelle, Attached is a new sketch approximating the drainage flow on the property. Drainage from the Office Building,the Shop Building,the parking lots and the entrance drive flows to the water quality area. Vince From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Wednesday, October 15, 2014 8:17 AM To: Vince Nissen Cc: Wayne Howard Subject: musrl4-0015 1 Hi Vince, Wayne Howard with Weld County Planning Department— Engineering took a look at your site plan drawings and it appears it is not clear how the drainage will flow into the water quality feature. Can you please clarify on the site map how the drainage will flow into the water quality feature. Thank you. Let me know if you have any questions. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 . Quin- 'r. 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. 2 Vince Nissen From: Michelle Martin <mmartin@co.weld.co.us> Sent: Tuesday, October 7, 2014 2:19 PM To: Vince Nissen Cc: Wayne Howard Subject: RE: MUSR14-0015 Hi Vince, Thank you for your email, I have asked Wayne Howard a senior engineer in the planning department to take a look at your documents and comments while Jen is out. We will get back to you shortly with our comments. Michelle Martin Planning Manager 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 1%M1I 1 t' r.: r. I 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: Vince Nissen [mailto:VNissen@acsseeding.com] Sent: Tuesday, October 07, 2014 12:45 PM To: Michelle Martin Subject: FW: MUSR14-0015 Michelle, Attached is information regarding the drainage portion of our Minor amendment to our USR. Please see comment line made to Jennifer, review documents, and me on my mobile so we can talk about it. Thanks, Vincent Nissen Arnold's Custom Seeding, LLC 4626 WCR 65 • Keenesburg, CO 80643 Mobile: 303.204.5662 • Office: 303.732.4021 1 •1 . n4imtla • 1 1. ytyz Planting the seeds of safety so danger never grows. From:Vince Nissen Sent:Tuesday,October 7, 2014 8:46 AM To: 'jpetrik@co.weld.co.us' Subject: FW: MUSR14-0015 Jennifer, Kim Ogle has requirements that we need to address prior to the recording of our MUSR map. One requirement is Water Control. Attached is a drainage narrative and WQCV calculation for sizing the capture area on the property. Also attached is a preliminary map of the property which has the capture area notated on it. Both of these documents were included in the documentation the was presented to the County for the Minor amendment to our USR. The drainage narrative was part of the 2014-01-22 Pre-Application Narrative document. Please review the attached documents and let us know if this information will satisfy the drainage narrative,water capture feature requirements. Thank You, Vincent Nissen Arnold's Custom Seeding, LLC 4626 WCR 65 • Keenesburg, CO 80643 Mobile: 303.204.5662 • Office: 303.732.4021 • OM, - kuul .1. - _ ... Planting the seeds of safety so danger never grows. From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent:Saturday, October 4, 2014 2:48 PM To: Vince Nissen Cc: Corey Huwa; Kim Ogle Subject: MUSR14-0015 Good afternoon, 2 Jose noticed me that a request was made from your group for the release of the building permits associated with the above referenced land use case. As there is not an early release stipulation in place, planning staff is unable to release any building permits until such time as the conditions of approval for the land use case have been met and the MUSR map submitted for review, approval and recording. As reference, please find attached the outstanding Conditions of Approval: 1. Submittal of the MUSR map 2. Prior to recording the map: A. The applicant shall address the requirements (concerns) of the Department of Public Works, specifically address: 1. The applicant shall use the Public Works Drainage Narrative and Water Quality Guidance to calculate your total site imperviousness. Planning/Engineer Jennifer Petrik 970,353.6100 x 3552 is available to provide assistance, or to answer any questions. Delineate the Water Quality Feature Volume (WQFV) numbers in cubic feet on the map. 2. An Improvements Agreement will be required for this site. Road maintenance including damage repairs and triggers for improvement will be a pad of the Agreement (trucking and haul route). Contact Rich Hastings, Compliance Specialist, 970-356-4000, extension 3727 for more information. B. The applicant shall address the requirements (concerns) of Weld County Department of Environmental Health, specifically address: 1. The applicant shall submit written evidence of a commercial well to the Department of Public Health and Environment. Condition Met If you have questions or concerns, please contact this office. Thanks! Kim Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 w ` I_r- Y I r• 1 - ►SRI 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 3 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Turnpike, LLC —MUSR14-0015 Part 1: Site Specific Provisions THIS AGREEMENT is made this day of , 201_, by and between Turnpike, LLC, whose address is 4202 CR 65, Keenesburg, Colorado 80643, hereinafter referred to as "Property Owner", authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 8063 I hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Part of the NW1/4 of Section 9, Township 1 North, and Range 63 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, County has approved land use permits for a Minor Amendment to Site Specific Development Plan and Use by Special Review Permit, USR-1686, for (Custom Seeding Business) on approximately 147 acres on the above described real property, and the County is currently in the process of considering an Use-by-Special Review for the Property (MUSR14-0015), and WHEREAS, the Property Owner acknowledges that the issuance of MUSR14-0015 is conditional upon Property Owner performance of the on-site and off-site improvements which are described in this Agreement and depicted in the plat map and the set of accepted Construction Plans, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, and WHEREAS, the Property Owner acknowledges that it may not engage in any activity described in MUSR14-0015 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in MUSR14-0015 within three (3) years of the approval of the permit issued under MUSR14-0015, may result in the revocation of MUSR14- for 22 0015, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the revocation of MUSR14-0015, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all off- site improvements required by this Agreement when; the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for construction of accesses and work within the County and/or State of Colorado Right-Of-Way, or at a time determined acceptable by the Board of County Commissioners. WHEREAS, the parties agree that this property has historically had and may continue to have agricultural uses, and that said uses wHI not be considered part of this aureement .Any traffic associated with agricultural uses including but not limited to vehicles or trucks transporting grain. straw hay. sugar beets, beans, sunflowers, corn. corn sila e or other agricultural commodities will he exempt from this aureement and will not be used in any [SAL, counts as described below NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off-Site Improvements: 1.0 Weld County Road 65: The Property Owner shall be responsible for the construction and/or maintenance of certain on-site and off-site safety improvements, which shall include: construction of adequate turning radii sixty (60)feet at the main entrances and exits which extend partially into CR 65 right-of-way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans and/or MUSR14-0015 plat. The main entrance improvements will include standard tracking control, to ensure a complete revolution of the truck tires in order to minimize potential hazardous safety conditions relative to the tracking of mud and debris onto the adjacent County roadways. Granting of any new point of access may generate additional obligations with County and/or State for Off-Site Improvements and the need to post additional "Road Maintenance Collateral". A County access permit is needed for every access to a County road. 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on CR 65 and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration 2of 22 (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter"CDPHE") and other Federal, State or County regulatory agencies. 3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set- forth in Section A. 1-2 above, all engineering designs and construction plans must be provided by Property Owner. All plans showing work within the County shall be reviewed and accepted by Weld County, prior to the start of construction. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. The approved and accepted construction plans are a part of this Agreement. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to any construction in the County and/or State Right-Of-Way and as a condition of issuance of any access permit or Right-Of-Way permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then current version of the Manual of Uniform Traffic Control Devices (hereinafter"MUTCD"). 6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The Property Owner is required to provide dust abatement along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner sourced traffic, [SAI, counts shall not include vehicles used thi asricultural purposes,-GS-AI, counts shall not include vehicles used -for agricultural l-purposes. The amount and extent of dust control and paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County and/or State. Property Owner shall address all County and/or State access issues associated with afore-mentioned haul route. Future County mandated measures may include improvements to any haul route intersections or roadways then utilized by Property Owner. Property Owner shall pay a proportionate share of the cost of the entire project including engineering designs and construction plans based on the Applicant's share of ESAL Counts using 3of 22 then current data on the haul route in the implementation of the above-mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. Future improvements will be subject to any Federal, State or County regulations in place at the time the improvement project is initiated. Haul Route improvements may be triggered due to heavy truck traffic associated with the facility. Agricultural tragic shall not be associated with the facility car included in the RSAL counts_Any traffic associated with agricultural business shall not-be-included in the ESA'. Counts. The following is a list of the American Association of State Highway & Transportation Officials, (hereinafter `AASHTO) site-specific triggers for turn lanes: a. 25vph turning right into the facility during a peak hour. b. 50 vph turning right out of the facility during a peak hour. c. lovph turning left into the facility during a peak hour. 8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to complete the aforementioned offsite improvements as described in Sections A.1.0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way access permit or the commencement of activities on the property(s). At that time, Property Owner agrees that the required off-site collateral will be posted and all on-site and offsite improvements shall commence and shall be completed within the parameters established in Sections A.3.0 and E.7.2, and Exhibit B, herein. 9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off-site improvements described in Sections A.1.0- 2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes from the two facility access points: 4of 22 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site at the approved accesses onto CR 65, for further dispersal. Any County roads routinely utilized by MUSR14-0015 haul traffic may become part of the established haul routes. 1.2 No haul vehicles may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above-mentioned haul route for a limited period of time(which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, haul vehicles will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Section B.4.0. In the event that haul route traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage (If Applicable): Property Owner shall install haul route signs, as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided in Section B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner-sourced traffic. The amount and extent of dust control and/or paving measures will be determined by site- specific conditions at the time, as determined exclusively by County personnel. C. County Road Maintenance Requirements. 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially responsible for the excavation, repair, and patching of any damage on current or future 5of22 C.Lso:. rnWscn AppDala'Aka! A' . runµ.ike I.1.C (\11S1214-001512014.Fart I Sac Soccilic l'rovi(ion,c_Dn till_A(10-24-14).doeNt I':, nt_aiag-Pl. AA"VIA(' DI-N1 I OPVIFNlRk-V1114.-201 Lr'4aaniag R:rvt'al,-NIl'Sil l 'SR SI'14-N015 forapil,z 1.1 C Im1v.r.,t,aHti_Ng :mc t I t.apl c LLC(Nil'S41I40€045)2011 Part I Stk. Spcdlio 11(10 -14-41i.daea haul route roads, which in the sole opinion of County has been created by hauling to and from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above-described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 1.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If such repair is not commenced within such forty-eight(48)hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 1.2 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul route road portion will require paving measures in order to protect the public health, safety, and welfare, and has budgeted sufficient funds for the following calendar year to pay its share of the Off- Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off-Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 1.3 In County's sole discretion, County may undertake the repairs and/or 6of 22 improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 14 The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of dust control, paving, repairs and maintenance on any particular Haul Route Road. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportionate share of costs. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owner and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or exiting Property Owner's site onto the haul route in the implementation of the above-mentioned improvements. Notification to the Property Owner of the required roadway replacements will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project, as described in Section C.1.0 above. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owner and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 7of 22 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of MUSR14-0015 as it now exists or may, from time to time, be amended is a remedy which County may impose. D. On-Site Improvements: (No On-Site Collateral is required for MUSR14-0015 but Property Owner shall complete and/or maintain all On-Site Improvements as shown on the accepted Construction Plans and/or plat map for MUSR14-0015.) 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping, to include any required re-seeding of the property where applicable as shown on the accepted Construction Plans and/or MUSR14-0015 plat map. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted construction plans and/or MUSR14-0015 plat map. In the event any of these improvements may include work extending into State or County Right-Of-Way, a Right-Of- Way or access permit is required. 2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components , adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and/or MUSR14-0015 Plat Map. The main entrance improvements will include; construction and/or maintenance of adequate turning radii at the CR 65 roadway accesses for MUSR14-0015 and as further detailed in Section A.1.0 of this Agreement. Any other on-site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the on-site improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right-Of- Way in which case a Right-Of-Way or access permit is required. 3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23- 2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. Except with prior County consent, no grading permit will be released until collateral is posted for all off-site improvements and the final Construction Plans have been submitted to and accepted by the Department of Public Works. Access and/or Right- Of-Way permits might also be required prior to approval of the grading permit. Grading shall not Sof 22 commence until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E.7.2 and Exhibit B. The Property Owner's failure to complete the On-Site Improvements within the time period(s) established by Resolution approving MUSR14-0015, and/or set forth within the context of this Agreement may, at County's option, result in the revocation of said land use permit. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on-site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the process for"Acceptance of Improvements" set forth in Sections E. 6.1-6.3. The BOCC does not represent or ensure the on-site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. "End of Part I" Vince Nissen From: Richard Hastings <rhastings@co.weld.co.us> Sent: Friday, October 24, 2014 4:14 PM To: Corey Huwa; Vince Nissen Cc: Elizabeth Relford; Donald Carroll; Kim Ogle; Bob Choate Subject: RE: Turnpike, LLC - MUSR14-001S: Draft (Part1) & Final (Part2) Improvements Agreement &Associated Exhibits Package Corey, Great, addresses the issue. Let me know if there are any other changes and/or revisions you suggest. 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 1.1 r• _ L r 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: Corey Huwa [mailto:chuwa@acsseeding.com] Sent: Friday, October 24, 2014 3:56 PM To: Richard Hastings; Vince Nissen Cc: Elizabeth Relford; Donald Carroll; Kim Ogle; Bob Choate Subject: RE: Turnpike, LLC - MUSR14-0015: Draft (Partl) & Final (Part2) Improvements Agreement &Associated Exhibits Package Richard, See attached, I turned on the track changes so it will be easy for you to find what I added. COREY HUWA Arnold's Custom Seeding, LLC 4626 WCR 65 • Keenesburg, CO 80643 Mobile: 970.381.4042 • Fax: 303.732.0510 1 1 • kaaa Planting the seeds of safety so danger never grows. From: Richard Hastings [rnailto:rhastings@co.weld.co.us] Sent: Friday, October 24, 2014 1:42 PM To: Corey Huwa;Vince Nissen Cc: Elizabeth Relford; Donald Carroll; Kim Ogle; Bob Choate Subject: RE:Turnpike, LLC- MUSR14-0015: Draft(Partl) & Final (Part2) Improvements Agreement&Associated Exhibits Package It works for me. Add the language where you deem it acceptable and I'll review it. 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 Ir V V r e f: I 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: Corey Huwa [mailto:chuwal acsseedino.com] Sent: Friday, October 24, 2014 12:10 PM To: Richard Hastings; Vince Nissen Cc: Elizabeth Relford; Donald Carroll; Kim Ogle; Bob Choate Subject: RE: Turnpike, LLC - MUSR14-0015: Draft (Partl) & Final (Part2) Improvements Agreement&Associated Exhibits Package The document should exclude any traffic that is attributed to agriculture or the transport of agricultural products. Specifically Alfalfa Hay, Grass Hay, Straw, cereal grains, Pinto Beans, Silage corn,forage, or any other agricultural commodity. Does that work for you. COREY HUWA Arnold's Custom Seeding, LLC 4626 WCR 65 • Keenesburg, CO 80643 Mobile: 970.381.4042 • Fax: 303.732.0510 2 ail . •1 • ) Planting the seeds of safety so danger never grows. From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent:Tuesday, October 14, 2014 1:50 PM To:Vince Nissen Cc: Elizabeth Relford; Donald Carroll; Kim Ogle; Bob Choate; Corey Huwa Subject:Turnpike, LLC-MUSR14-0015: Draft(Para) & Final (Part2) Improvements Agreement&Associated Exhibits Package Vincent Nissen Amold's Custom Seeding, LLC 4626 WCR 65 • Keenesburg, CO 80643 Mobile: 303.204.5662 Office: 303.732.4021 Vince, Following review with associated staff, please find attached the Updated& Revised Improvements Agreement for (MUSR14-0015). Weld County Improvements Agreements are now dispersed to applicants in two parts, plus the Exhibits Package. Part 1(Draft): Site Specific Provisions of the agreement, sections "A"through"D", contain site specific information and requirements regarding MUSR14-0015. Please feel free to update and/or revise inaccuracies found within this section of the Improvements Agreement. Part 2(Final): General Provisions of the agreement, sections "E"through "J", contain information and requirements that are considered "Boiler Plate"sections by our County Attorney's Department and thus are the same for all participants in our County Improvements Agreements. Please advise relative to the signature page and whether or not there are participants other than Property Owners and/or Lessee's. I will then amend Part 2 if that is the case. The Exhibits "A"portions, for the most part, are a cost analysis/estimate of the proposed improvements shown on the Accepted Construction Plans/Plat Map for MUSR14-0015. Exhibit "B" is an estimate of the time schedule required to complete the improvements associated with the Accepted Construction Plans/Plat Map. Disregard collateral reflecting any "On-Site"improvements. You won't need to complete Exhibit A— Cost Sheet (On-Site). You will need to fill out Exhibit A— Cost Sheet(Off-Site) and list only the line item for Road Maintenance Collateral at$3,600.00 If the Part 1: Site Specific Provisions Draft Version looks acceptable to you, let myself or Kim Ogle know and I will send you a Final Version of Part 1. Part 2 and the Exhibits Package are already in the Final Version, barring edits as mentioned earlier. If questions arise or further information is required, please feel free to contact any County staff members associated with this case in order to assist you through the process, culminating in a Final Improvements Agreements being approved and off-site collateral accepted by the Board of County Commissioners. Upon receipt of the signed and notarized original IA documents, required collateral, and a stamped construction plan/plat map(if applicable), I will proceed with the necessary measures to bring this request before the Board of County Commissioners for their approval. Please deliver the original signed and notarized IA documents and collateral to either myself, here at Public Works, or to Kim Ogle at Planning Services. 3 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 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. 4 N DEPARTMENT OF PLANNING SERVICES "••••• Lia ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970)353-6100, Ext. 3549 N ' FAX: (970)304-6498 August 04, 2014 HUWA COREY 4626 CR 65 KEENESBURG, CO 80643 Subject: MUSR14-0015 - A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT, USR-1686, FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (CUSTOM SEEDING BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PART NW4 SECTION 9, T1 N, R63W LOT B REC EXEMPT RE-1514 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Keenesburg at Phone Number 303-732-4281 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, n Digitally signed by Kristine'Random114_ Reamn:l am the author of this document Date:2014.08.0415:56:56-06'00' Kim Ogle Planner Submit by Email 4A. AP Weld County Referral August 04, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant: Turnpike Limited Liability Company Case Number: MUSR14-0015 Please Reply By: September 01, 2014 Planner: Kim Ogle Project: A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT, USR-1686, FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (CUSTOM SEEDING BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT Location: SOUTH OF AND ADJACENT TO HWY 52; EAST OF AND ADJACENT TO CR 65 Parcel Number: 147709000080-R0132694 Legal: PART NW4 SECTION 9, T1 N, R63W LOT B REC EXEMPT RE-1514 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: 4 We have reviewed the request and find no conflicts with our interests. See attached letter. Signature BPascoe Date 08/05/2014 Agency Zoning Compliance Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Submit by Email 4A. AP Weld County Referral August 04, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant: Turnpike Limited Liability Company Case Number: MUSR14-0015 Please Reply By: September 01, 2014 Planner: Kim Ogle Project: A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT, USR-1686, FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (CUSTOM SEEDING BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT Location: SOUTH OF AND ADJACENT TO HWY 52; EAST OF AND ADJACENT TO CR 65 Parcel Number: 147709000080-R0132694 Legal: PART NW4 SECTION 9, T1 N, R63W LOT B REC EXEMPT RE-1514 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: 4 We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Keith R. Maxey Date August 14, 2014 Agency Extension Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax 09/02/2014 07:23 TownofKeenesburg (FAX)3037320599 P.001I001 Weld County Referral 4'- L 6._ August 04,2014 The Weld County Department of Planning Services has received the following item for review: Applicant:Turnpike Limited Liability Company Case Number: MUSR14-0015 Please Reply By: September 01, 2014 Planner: Kim Ogle Project: A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT, USR-1686, FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (CUSTOM SEEDING BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT Location:SOUTH OF AND ADJACENT TO HWY 52; EAST OF AND ADJACENT TO CR 65 Parcel Number: 147709000080-R0132694 Legal: PART NW4 SECTION 9,TIN, R63W LOT B REC EXEMPT RE-1514 of the 6th PM,Weld County,Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find That it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached lefter. lk am SignatureYIv,,C,�l Date _ r Agency ) 1f' kJu Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-8100 ext.3540 (970)3048498 fax Submit by Email 4A. AP Weld County Referral August 04, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant: Turnpike Limited Liability Company Case Number: MUSR14-0015 Please Reply By: September 01, 2014 Planner: Kim Ogle Project: A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT, USR-1686, FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (CUSTOM SEEDING BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT Location: SOUTH OF AND ADJACENT TO HWY 52; EAST OF AND ADJACENT TO CR 65 Parcel Number: 147709000080-R0132694 Legal: PART NW4 SECTION 9, T1 N, R63W LOT B REC EXEMPT RE-1514 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: 4 We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Thomas Beach, Fire Chief Date 8/4/2014 Agency Southeast Weld Fire Protection District Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Submit by Email *. _ Weld County Referral•s August 04, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant: Turnpike Limited Liability Company Case Number: MUSR14-0015 Please Reply By: September 01, 2014 Planner: Kim Ogle Project: A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT, USR-1686, FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (CUSTOM SEEDING BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT Location: SOUTH OF AND ADJACENT TO HWY 52; EAST OF AND ADJACENT TO CR 65 Parcel Number: 147709000080-R0132694 Legal: PART NW4 SECTION 9, TIN, R63W LOT B REC EXEMPT RE-1514 of the 6th P.M.,Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. %/ Signature Chris Mettenbrink /f�f! AlpkC Date 8/27/2014 Agency Colorado Parks and Wildlife Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax 86 MEMORANDUM Tr,, \ TO: KIM OGLE, PLANNING SERVICES E � 131( T Y -� FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH --0_U N T SUBJECT: MUSR14-0015 TURNPIKE LIMITED LIABILITY CO. DATE: 12/16/2014 Environmental Health Services has reviewed this proposal a minor amendment to site specific development plan and special review permit, USR-1686, for a use permitted as a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts, (custom seeding business) in the A (Agricultural) zone district There will be approximately 50 people on site during the day. Water is provided by an individual well and a change in use application has been submitted to the Colorado Division of Water Resources. This department does not have a copy of the commercial well permit. There are two septic systems located on the site. Permit SP-0800021 serves the office and is sized for 4 people. Permit SP-0900055 serves the shop and is sized for 20 people. A permit has been applied for to expand the shop system to accommodate 100 full time employees and 15 visitors per day. (Permit SP-14000207) The dust abatement plan states that drives and parking areas are constructed of recycled concrete and crushed asphalt. Other areas will be watered if necessary. Trash is contained in 4 dumpsters which are serviced by Gray Brothers. Safety Kleen will dispose of or recycle oil and other fluids as needed. There are two above ground diesel tanks that must have secondary containment. A spill prevention and response plan has been completed for the site. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit written evidence of a commercial well to the Department of Public Health and Environment. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved waste handling plan, at all times. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. 6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing private water supply. (private well) 7. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 8. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 9. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. 2 10.All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 11.Any vehicle washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 12.The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 13.The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. 14.The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 15.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 w186i�:-T' Department of Planning Services EL 1555 N 17th Ave �L Greeley, CO 80631 COUNTY v I ' (970) 353-6100 Weld County Referral Date: August 28,2014 Applicant: Turnpike Limited Liability Company Project: A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT, USR-1686, FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (CUSTOM SEEDING BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT Case Number: MUSR14-0015 Parcel Number: 147709000080-R0132694 After reviewing the application and documents submitted the Building Department has the following comments: A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any new structures ,additions or renovation to any structures. A building permit application must be completed and two complete sets of engineered plans. A Code Analysis prepared by a design professional, licensed bin the Ste of Colorado shall be submitted with permit application. MSDS sheets for all materials stored shall be submitted with building permit applications. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and comments and submitted with Commercial Permit application to Weld County. All building permit requirements can be found on the Weld County web-site. www.co.weld.co.us/Building Inspection/Commercial Permits Frank Piacentino Department of Building Inspection 09\ DEPARTMENT OF NATURAL RESOURCES � (*` DIVISION OF WATER RESOURCES \* j John W.Hickenlooper N* 41-#/1876Governor Mike King Executive Director Dick Wolfe,P.E. Director/State Engineer August 15, 2014 Kim Ogle Weld County Planning Department kranslem@co.weld.co.us RE: Turnpike LLC MUSR14-0015 Part NW4 Section 9, T1 N, R63W, 6th P.M.; Lot B REC Exempt RE-1514 Water Division 8, Water District 1 Lost Creek Designated Basin Dear Ms. Ogle: This referral does not appear to qualify as a "subdivision" as defined in Section 30- 28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the submittal, the proposal is for an amended use to use the property for daily operations, maintenance and storage for a custom seeding business. No well structures exist on the property. Any new well permit applications would be evaluated pursuant to the applicable statutes and rules at the time they are submitted to this office. Should you have any questions in this matter, please contact Justina Mickelson of this office. Sincerely, ,/ 9/igeld-Keith Vander Horst, P.E. Designated Basins Team Leader Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581x8232• Fax: 303-866-2223 www.water.state.co.us Kim Ogle Page 2 August 15, 2014 cc: Division 1 Division Engineer District 1 Water Commissioner Lost Creek GWMD KVH/JPM: TurnpikeMUSR14_0015.doc •`7 1!§ li r^ " 0 .r, «Z nr (r s III1A{ 5 r: V1 hGb ^'fi a IM I _'. 4i4J t I ' O WE iii14 pj •W g 9�a ,x 'ii !1'i ' r `" i ii�t StPl 4A vw., 7 kJ Q e t Y l IC k Y to {{ ,Y {i'i t-. „c :s. t e , i i ! i5 d • A e l!!R1 _ ii i LI4II ' i 'i (� alai 1`;ftaico 7 III I)iI I I ill ill G �§gepL LLt.] P'.. i _..L_a J:_._,1L / ill Sid I. \\\ ` ti s I I o II qi 4p• ` j • . t + yxs f . g q/ I � r., .e 2 N ` LI 3 =W ! 4� ea. .. .una 5� W;;n 1 , ^ e w Q I . r ! A 7 y 'lly n. wm'I W o I— ;• . # i : a a, •N ,-.), - dWea CU I— i m I ' ,. a y l r )- z a, g X Q • ,E y I • fr °�o� ''- +w+ Q al Ls, ' s I ,` ' iiiiilli' o $Ig 0 ` ti t� 0 4 i ill J r5. iS rzLi.ar=i II-o &cw _1)2 �L.._....w. I Aiik r W G p—Uz, \ f .aoi 1 - .. 1411 PI i 7{� t 1' t ; ga w •_ J LU V �WUOr —.s, f 3.1�II; Jg I s3�`ofSq' St.3;t: `4 caN i ill 11 4,! - %I i4 > !r ;II^ �1l- I r to Q- 4 @i al — 'I i; 5 l z it�Aipp�S g s9 ovoa AiNno 1t- s Os; t • _.. .. . _.. . . . ." . • ._ . re - - may z Si -. .. __ a o ._ .. L•. a i ' h0.� S 6 tGrt trU M1'aP,i:.‘4-i. 2 nIWURPY yY ROAD ffRlgl USE BY SPECIAL REVIEW NO. USR-1686 v 11LF6N®GiM WYIy I%n - Z i t, a 8 I�wsER nsecm C1 W i 5_ d - ®ncmn �i-L co � Fln11G 4P1'4FED .. co 0 _ Z 1R₹W]✓�1 s mN mE_ 'v/ B,......r �rmnvl mnw'R _ % N ��e n o H 1 ♦ (owe 1T`"nwnee xoxt%w�E�TronwvUT �� ' �y / 7 SOPEAtl1E41YYler.mmr i/fLIE9 I !p /� Lac NO all.>�Cm'IDa / wnw _ »am¢ Y M1OFammC ', - I 're IEwoma _ .�;, / a;truelove-war $ TOKE VNlfMf ENI — - w Y� I / s�srM x lfl. .JIF/I / \, , ITb _ 911RIsal LwanMEM* , Cm a, � / oa'� o slm . _ Intl 9WnCE T(IIMACALCOILEMJ L / MI6 0 r _ _ 10.11 W s1Bi .- CO — - - t• `.. 1 -, WH196 Cla i 0 fl I I 1 I ' f 0Lr_% /I 1 _ IL. L, 4C0®Wa4ElE / >n I / W W TEMPRI 1.=:* _ ic FBR- I EgMSA NA� / m , r I w , / 0 � � i i > a ER. i w n GI : j �y,/ / . L. O / : O I �IV 'I , , WE9l a o 0 _L1 1, � ' d N 'I RRIREE4P / ' V) z ME 1R } Y I'V P.•P.641RCIVE&161IX CO l.' IL i/ UE PPIu.b.9NHL1Oa t81 P�-� b - �'I Y - cn es D � , «-: w1I ,I /, U N /w qs / d _nn - , RRUERWKM6.1U.YI m /I 5 EIDNRMNUE 4 3 .. . . I = COLORADO STATE HIGHWAY 52 SITE SPECIFIC DEVELOPMENT PLANj I I ik WEST IMIX1FA AND USE BY SPECIAL REVIEW PERMIT S'TE PLAN DEVELOPMENT g wEn Imo mCa*IRaaM s•C.4iIRR®II STANDARDS - 4iIRRmA' q.?G '" ?31 $ TURNPIKEUMfIED LIABILITY COMPANY USR#168S �le°� 1 MET Ew1En Il _ .. _.. 1 N Or SIFI WE IRON IIIIFI SITE / iiEEC k EEC B,i 114.ECM 8 WESTIRSRER 9 10 SE44TIR,RIQ// O U LL COUNTY ROAD 10 I" 17 l' 16 15 kr ,;1L VICINITY MAP Iill ., , Al 7 NE N 1. A Minor Amendment to USR-1686 (Arnold's Custom Seeding)for a Site Specific Development Plan and Special Review Permit 37. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone County Code. o Districts, to include a 13,400 SF Hay/Straw Storage Building, a 3,600 SF addition to the current Storage Building, a 10,000 SF SOIL CLASSIFICATION: z _ ti New Office building, a 10,800 SF addition to the current Office Building; a 16,200 SF addition to the Shop building and increasing 38. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all ACCORDING TO THE U.S. DEPARTMENT OF AGRICULTURE, SOIL — O co the employee numbers to 100 persons, in the A(Agricultural)Zone District, as indicated in the application materials on file and applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall CONSERVATION SERVICE. THE FOLLOWING SOILS ARE PRESENT 0 U m subject to the Development Standards stated hereon. (Department of Planning Services) require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes ON THIS SITE IN SECTION 9, Ti N, R 63W OF THE 6TH P.M., WELD LJ,J (5 x ct from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of COUNTY, COLORADO. LLJ 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld Planning Services. PARTLY: co co County Code. (Department of Planning Services) (39) NUNN LOAM, 0 TO 1 PERCENT SLOPES (1) co 39. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. (47) OLNEY FINE SANDY LOAM, 1 TO 3 PERCENT SLOPES 0 w 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of (48) OLNEY FINE SANDY LOAM, 3 TO 5 PERCENT SLOPES J O Y 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that County Commissioners. (77)VONA SANDY LOAM, 3 TO 5 PERCENT SLOPES O L6 c.- protects against surface and groundwater contamination. (Department of Public Health and C4 Environment) 40. Prior to the Use by Special Review (USR) area being leased, transferred, or sold the applicant shall apply in writing and receive 5 4 3 Cl)z0 M COLORADO STATE HIGHWAY 52 o written approval in the appropriate county land division process (recorded exemption, subdivision, planned unit development, or — —— D Cr) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded subdivision exemption). , ° NICC0R"ER C" J NW IId COflNfR SEC.N TIN.IR69W Q U (.0 L.L.I from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. SECN"N P6'W ~ (Department of Public Health and Environment) 41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, LOT RE,SID typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld 1535559 ACRES 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must SITE �R blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of cc 1 ' Q SECo C9TINRBT\. Q ��1f ��services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: O O 6. The applicant shall operate in accordance with the approved waste handling plan, at all times. (Department of Public Health and open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without > — +•14� " = neighboring farms, those features which attract urban dwellers to rural Weld County would quickly begone forever. $ WEST I,4 9 12 10 2 Environment) 9 9 o SEC 9,T IN ROY: o o o 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the the approved dust abatement plan at all times. (Department of Public Health and Environment) intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; 8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping 14-9-30 of the Weld County Code. (Department of Public Health and Environment) activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and COUNTY ROAD 10 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual 17 16 15 private water supply. (private well) (Department of Public Health and Environment) disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural 10. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural VICINITY MAP PP 9 9 I t'-moo' service establishments. (Department of Public Health and Environment) production. M Water has been, and continues to be, the lifeline for the community. It is unrealistic to assume that ditches and 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. agricultural (Department of Public Health and Environment) reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and (I (O residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated CO OD 12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all right to the water. CCD O provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Public Health and r 0 Environment) Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of I Q Delaware)with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The it 13. The number of on-site employees shall be commensurate with the number of persons which the septic system may sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints fL^L O accommodate in accordance with the requirements of the Weld County Code, pertaining to Individual Sewage Disposal Systems more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law v J O (I.S.D.S.) Regulations. (Department of Planning Services) enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families ADAMS PROSPECT VALLEY to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface 147709000071 HOLSTEINS LLC 0 expected from apaved road. Snow removalpriorities mean that roads from subdivisions to arterials may not be cleared for NW CORNER 147709000077 N1/4 CORNER O 14. All pesticides, fertilizer, and other potentially hazardous chemicals must rd stored and handled in a safe manner in accordance P SEC 9,TIN, R63W COLORADO STATE HIGHWAY 52 SEC 9,TIN, R63W Z O with product labeling and in a manner that minimizes the release of hazardous airpollutants (HAP's) and volatile organic several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural — — — — — $ 9 40' FUTURE ROAD R.O.W. (BK 911, PG 64 3.25.1931) compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's dwellers must, by necessity, be more self-sufficient than urban dwellers. 75' FUTURE ROAD RIGHT OF WAY Q 0 recommendations. (Department of Public Health and Environment) People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field J Q 1— CO 15. Any vehicle washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, NOTE: LOT "A" t p 9 g COUNTY ROAD R.O.W.'S BY ORDER RECORDED � w Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, EXEMPTION O Ili Z 9 Y• ( P RECORDED IN BOOK 86 PAGE 273 <o not only for their safety, but also for the protection of the farmer's livelihood. NO. 1477-09-2—RE1514 r I OCTOBER 14, 1889En C w 16. The applicant shall comply with all provisions of the Underground and Above Ground Storage r� 2 w Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) L30' ACCESS/UTILITY/WATER N O CO Y EASEMENT (REC#02355469) THOMAS v J 147709000079 0 Lu LC) 17. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health cc J D Z co and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) — G 60' ROAD R.OW.(BY ROAD PETITION I- 0_ C w Q #669 DECLARED OPEN MAY 12, 1917) z Lu 18. The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado w 2 O Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to I Lu consumption and periodically test it over time. (Department of Public Health and Environment) w LU z Q U) } z a w Q i- 19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County x LL Code. (Department of Public Health and Environment) D cv cwo 0 O Z N 1.0 a 0 z O 20. A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any new structures, additions w o z M U or renovation to any structures. (Department of Building Inspection) z o a m — o ,o-0> 2 21. A building permit application must be completed and two complete sets of engineered plans. (Department of Building Inspection) l RMEO N PROPERTY OWNER'S CERTIFICATION - FP 22. A code analysis prepared by a design professional, licensed bin the State of Colorado shall be submitted with permit application. (Department of Building Inspection) THE UNDERSIGNED MAJOR PROPERTY OWNER(S) DO HEREBY AGREE TO THE MINOR AMENDMENT OF THE SITE o SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW STANDARDS AS DESCRIBED HEREON THIS DAY I 5 o 23. MSDS sheets for all materials stored shall be submitted with building permit applications. (Department of Building OF 2014. w o Inspection) I Lu o (�� -,-5 y 24. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. CORREY HUWA ON BEHALF OF TURNPIKE LIMITED LIABILITY CORPORATION LOT "B"ED GILLIANS LAND Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical RECOPDON CONSULTANTS EXEMPTION Code; 2012 International Plumbing Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 NO. 1477-09-2—RE1514 P.O. BOX 746358 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of PART OF THE NORTHEAST } OF I ARVADA, CO 80006 Building Inspection) I SECTION 9, TOWNSHIP 1 NORTH 303-972-6640 I 63 WEST OF THE 6TH P.M., I 25. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and comments and submitted COUNTY OF WELD, STATE OF COLORADO cERnncnnoN with Commercial Permit application to Weld County. (Department of Building Inspection) SCALE: 1" = 200' o 26. Building Permits issued on the lot will be required to adhere to the fee structure of the CountyWide Road Impact Fee Program. --- (Department of Planning Services) 200' 0 100' 200' I I 27. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the - /// \ I County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES I G �O �� ADMINISTRATIVE REVIEW G 28. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a \ � nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light THIS MINOR AMENDMENT MAP IS ACCEPTED AND APPROVED BY THE DEPARTMENT OF PLANNING SERVICES FOR \ /� \ \ \ from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights FILING. // \\ \ } may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) I I ( \ I m 29. The landscaping, screening and fencing on site shall be maintained in accordance with the approved Landscape and Screening DIRECTOR, DEPARTMENT OF PLANNING SERVICES I / L — � ' \ \ I w Plan. (Department of Planning Services) / �— \ _ ) r STATE OF COLORADO \/ 30. Hours of operation shall be from 7:00am to 7:00pm Monday through Saturday. (Department of ) .... a Planning Services) COUNTY OF WELD ) .. - _ 31. The site shall be limited to no more than one hundred (100)employees on site. (Department of THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2014. I I Planning Services) • MY COMMISSION EXPIRES . I — 32. There shall be no parking or staging on County Road 65. Utilize on-site parking. (Department of — / 0 Public Works) WITNESS MY HAND AND SEAL. nnn — — \ Lu ix IIIIIIII NOTARY PUBLIC z 33. The access to the facility shall be located on County Road 65, only. (Department of Planning uuuu © 0_ Services) I I to I5 34. Should noxious weeds exist on the property or become established as a result of the proposed development the I L i / applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 35. Necessary personnel from the Weld County Departments of Planning Services, Planning Services-Engineer, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried o I z out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld oI County regulations. (Department of Planning Services) �o I I JOB NO.: 201405 cc c,5 36. The property owner or operator shall be responsible for complying with the Design Standards of m o DRAWN: VGN Section 23-2-240, Weld County Code. CENTER CHECKED: RG SEC 9,T1 N, DESIGNER: FGN R63W _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ISSUE DATE: 10/24/2014 WEST 1/4 CORNER SCALE: AS NOTED SEC 9,TIN, R63W HUWA FILE: 14770930004 147709000081 SHEET: 1 Ns .nAk. A aft Nit 1 LOT " B " O I RECORDED z Mc EXEMPTION 0 0 M U M NO. 1477— 09 - 2— RE1514 " I = LL co cn w I PART OF THE NORTHEAST 4 OF o w Y I SECTION 9 , TOWNSHIP 1 NORTH J O zin 63 WEST OF THE 6TH P . M . , �C') CC M Z V J U M �° F�E� °) COUNTY OF WELD , STATE OF COLORADO Q v co Lu I �F PAM 0\l'\5F� °� �� MME711:11Ii.,:ger / F SiiLrt J W NEW SEPTIC FIELD / a � '�� / // v U 7) EXISTING SEPTIC FIELD / // TREE.SCREEN. \ W C , /� // A \ 0 �� Z � i i AREE-SPEEN \ CC �/�\ // \ _ CO 0 � it 90 /// F-TU ER ST RAGE FXISII V A A V A _ CO co � v F,.�F CE 40ADDITION 01 V TRASoci H S, -------- AGE 40' V A V A A A ( CO - iAD 0 SEPTIC TANK OR \ \ \ (1500 GAL.) DUMPSTERS 00' V A A A _ o RENON-EXCLUSIVE EASEMENT FOR CP RAP PNO2990534 9EPD26,12002EFIACLTIES ��/ ��j XISTING ��pQQp� COhGRET APRON \ \ T.....„ C\`EN \ \ LL / 56' STORAG p�� \ \ \ \ it ff^^ O / • p� \ \ _\ _\ \ w J 114'\ ` 2' C 40 ----S::--------- \ \ \ ....__I--- \ Q LIGHT POLE EXISTING C \ \ \ \ \ 7 80' OFFICE FUT.'EOFFICE \ FOrO \ \ _\ _\ \ 7 U I68 NEW OFFICE ID ON LIGHT POLE \ �TORAc�HA)7STRA� \ _\ _\ _\ ------ Z in 0 0 [1. 7500SF WATER QUALITY FEATURE AREACNDSOEBERM LADDITION 335' _ r / (4T 4"DEPTH J J V V 142' 38' �� \ \ \ \ \\ \ \ \ \ / CENTERLINE OF ROAD (2500 CUBIC FEET (WQFV)) w w w w 40'x60'CONCRETE \ INO BUILD AREA APRON AND \ > \ Z W / OF 40' WIDE CRUSHED PARKING WI \ CONCRETE DRIVE CONTAINMENT L.f. G Y STOP BLOCKS \ \/ r 16 STOP SIGN TREE LINE ®®®� - AT BUILDING,(TYP.) O (0 o O6'° (2)2000 GAL.DOUBLE WALL 16 SQ.FT.ENTRY SIGN 10'x25' DESIEL FUEL STORAGE TANKS i o o J Ln PARKING SPACES /� Z CSD (TYP.) TRASH O_ 2 w a ACCESS PERMIT NUMBER(AP14-00358) TRASH DUMPSTER C QO DUMPSTERS C TREE LINE 14'x70' DRAINAGE CULVERT n ❑ pa CRUSHED CONCRETE LIGHT POLE w w w w - " EQUIPMENT AREA PARKING TRUCK/EQUIPMENT T Z ACCESS WITH A 60'RADIUS (TYP.) O PAVED TRACKING APRON ,.0' Q Z- ON BOTH SIDES. LANDSCAPE BERM 10 SXISSTING U LIGHT POLE / / \ SEPTIC TANK , 30' 150HOP ' z0 CO (1500 GAL.) 10' 0 (GRAVEL / n n n \--I I 60' EQUIPMENT / GAS WELL I ) I II II I YARD) IIIIIIII IIIIIIII WATE SUPPLY I Ii U U U CONSULTANTS VAULT I CILLIANS S EXISTING SEPTIC FIELD 180'I I FUTURE SHOP I I P.O. BOX 746358 ARVADA, CO 80006 ADDITION I LIGHT POLE \ / 303-972-6640 CERTIFICATION I 150'RADIUS STRUCTURE SETBACK LINE FROM OILIGAS WELL HEAD I 90' i V 7 L� CO Q P��E °R WATER WELL LO Q I� II-L F Q O a o F- I0 z lct o 0 OW U co SCALE: 1" = 80' ce z 0 80' 0 40' 80' 5 ILu — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — o WEST 1/4 CORNER z SEC 9, T1 N, R63W JOB NAWNa:: 201405 DRN VGN CHECKED: RG DESIGNER: FGN ISSUE DATE: 10/24/2014 SCALE: AS NOTED FILE: SHEET: 2 p 4.0%., P • CERTIFICATE OF CONVEYANCES WELD COUNTY • STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Turnpike The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY 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: Lot B of Recorded Exemption No. 1477-09-2RE1514, Recorded October 18, 1993 in Book 1407 as Reception No. 2355469, being a part of the Northwest Quarter of Section 9, Township 1 North, Range 63 West of the b li p.m., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1581277 Reception No. 2210595 , Book 1260 Reception No. 2212709 , Book 1263 Reception No. 2355469 , Book 1407 Reception No. 2476443 , Book 1532 Reception No. 3200580 Reception No. 3200582 Reception No. 3463826 Reception No. 3499481 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, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 18°1 day of November, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY P V,uUAoLO Kerri Allison Title Examiner EXHIBIT • 2009-0729 rrirr iii ni A f ^ Imil ITI-irir 1 rrlt' a m mr-�r " i RRI" 1 it 1+.za i I i7", IId f + i 1 , _ . t v _ e 1 to-Int The W..st Half 04) of Section Nino (9) Tatmeah:p Cne Worth ("'Z- Jy .c F C ,-..._4 - l r (tX ` t it f si nis 5axtt three ',test L. 1�?) its r (-1-7t'/.1),”, v "„.:7'.72,2`._.„.::::::: t,' i yiX�swy` '; t r ? of .,and located to t.:* ,c ▪ ,w , ' < a 11; F:' ii ~laic Beotlan Fire (9f)] rr!'l w c as^np ,. - a .z el t ' 4. :.p -i- ` rli 59Yr'i -Bo fouth by elf et t rt s r n5 t. si 1 bPret:: [� s ' 4 � Sock 1311 We la 'o'u 'tv "...3.(•.::0`.`..'?... c , 1 F (i ,l, i. . s 5 5 1 victe Sri u ka:cc r L2',rf , t7 ` no5d 1 v x3r rights Fn t 1ni c - '.c t -4-5.'75 t R c.iantcticn hr 9F A(,1. -. 1. n .] u '1 I. lk a '- i a:. '. st w a1ottcd. or 2 c a 'e a1. , ..t^ n 'a*n ;,h r. r G„ rf a csa c of its .;_7_55.1125,Jon 2 .i.H _oral ft .1....), r 1.1 t1 l .` r ..t• oax L1 � I m9tic$i Di trio t r=rd n 1k`] '• 1 ya o oa nth , n� 4. il t ! '� as sail-n tyain $Luca o rrs≥ (3t"� ?rr /1 ; 1 :Kim n,, rr the C ari`1 sor r ,. 7y , s . �� C1F'R..L ar N ,t • - ,J t. t f • '1 ff , ▪ t ,,. _ e a1. C'at c J. Y p"j1 noon '1! G A it i 3 ' m1so hereby Lc51 r �tg 1 0 t r, r t4 "]+t 1 e, r ontor5 fly h de t0 ^ 'ttorl ' h ` 1 n {,:39A'• clUD `', p' d 71 .3;,.3.0 C 9 , 1 v , _ i ,.t 4 18fr'St:ntatlbcO with tai on eh.-'atc br . St..ti-r, r ' I. 2 S ?fiat.,DxµrgPrterif emsg�, 1l�; i ''j Ont.) •IAN. .' wt. I Ili k d F`c -;. ' , 1 .-431.0.5.C3 ..__. I t.ti. ii ' tt All ita f wry gear:ar r.,^jthe 1.,a to tb3 none t' :41-775-7.74'44,x3 l a �.f I7 ' ae 'axe ti a u. a Prtan in Bock _01 'arR { ? tp c as,;e� cr ( r d r, a i Tana ins i +r,sa C-71.“ ,it4o J v4, r x ,,, r i1 Yfi ;.. 1 , :..V.:4.,. c )fl �s -p '^5.,x 5},3 a▪"7isp-Z5,1 g" •hra : ''. �, ' , " ta 1 J' ) oa II . o at n (t 6w 11n rt v;l.,.n.sy Irv.k,.,t a r U.' r „ ,' 1 rerarv�e, o.E ,2la tit dn12 n.. xi ka..AArM > ?rho o.t " `t.�a afi r r 'qd a In Hook 223 2 get a3'go 17. a �yt '° ;i ,id fl .;...;,,,71.,„Y �4-..ct. td o fictS0:l,Q2 o o/ 9 SLpS a. j .Q,. 70. .a mpa`$5 .X4•Ar 211014.1.2;51,1,Alt P 1 i o 1 L Ono,ant? S la. vi.c_3._14 ca �.n.y tl e.t.a. v JJ`,a F1S%' ids .w,d a o]9 oreeina Oatei' orl 5 let] ' { ,1gMX't�L .._.._.. 'i=t :�'. 2„„1,;a.:5. fi•R.? �. . , > t - PP In tko 7rea'aca o' .,.•, ,a v ,l'tJ'7 ii 1 a He 1t 9f▪ ldq�'i's-,,r o)., Orvi▪lle B. &h .lrra • his 4111152 Orcorny17?,a yJIKA AT.M�, i e®. *b tocccole2 nsln.mcat wax ec3 •s Tees',Odom a.skn ; 5. c, !� o f s der of dr�1na,, 7a, af.4....Ed?.P4il...aza.noAen...a,.hnrli,...ans .G.m.1/1s...a9. 12.,1'',.,1 Iii‘KO�..ri7.l•4.car''• .---.� - f... r .. .. Ij j Notary falula 7 �. till" . lYellfna NMI.e for ._ ..a4�r.2 4 4 .it .„ Fawn Tex Nuke., /�..� � ,� ^✓' J / /l a•� r/ `b'ASPANTY PJ€WatAMWexi ate, eMe,t eAnNw s w.—ma a,r,lerWl.GI..warm.eflR. 0019., vy•) ,,i.'4%. e.. k "15041* , I rce� A, 1r hr f pia 1 ] .lit', .7t.. e - B 1260 REC 0595 04/11/90 16:51 e20.00 /004 F 2196 MARY FEUERSTEIN CLERK & RECORDER wEL4ipb, CO AR2a10595 WARRANTY DEED THIS DEED, Made this . day of April, 1990 . WI. • between John W. Meyers, Jr. and William E. Phillips 00 County of Johnson, State of Kansas, grantor(s) and White Mountain Ranch, a limited partnership organized and existing under the laws of the State — of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. whose legal address is c/o Stillwater Resources & Investments, Inc. , 1333 West 120th Avenue, Suite 211, Denver, Colorado 80234 of the County of Adams, State of Colorado, grantee(s) : WITNESSETH, That the grantor(s) , for and in consideration of the sum of Two Hundred Thousand Dollars ($200,000.03) , the receipt and sufficiency of which is hereby acknowledged have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the grantee(s) , its successors and assigns forever, all the real property, together with improvements, if any, situate, lyier; and being in the County of Weld, state of Colorado, described as follows: See the attached Exhibit A. p 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(s) , 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(s) , its successors and assigns forever. And the grantor(s) , for • themselves, their heirs and personal representatives, do ccvenant, grant, bargain, and agree to and with the grantee(s) , its successors and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and 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, and restrictions of whatever kind or nature soever; subject to the easements, rights of way, reservations and rights of public in public roads listed on attached Exhibit B. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s) , its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. ohn W. Molests, Jr. Wi11 E. 1 Yl s� STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 5-1-_ day of April, 1990 by John W. Meyers, Jr. and William E. Phillips. Witness my hand and official seal. / • gq ammN tary Punlic Ay c TERR!l VOKIN expires: "&.fli Public . State of Kansss L., .. . t Expires 7-Ri-9-t SKLD LG SKL10422 WE 2210595-1990 . 001 _ _ _ B 1260 REC 02210595 04/11/90 16:51 s2 00 2004 F 2197 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A TO TEE WARRANTY DEED • The following described Property: The Northwest Quartet (NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Together with all and singular; the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but to limited to the following: The water rights repr^sented by Final Permit No. 31595-FP (formerly Permit No. 11587-R; : Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of • water off of the Property; and specifically including the irrigation well and easement and right-of-way on, across and under the Southwest Quarter (SW1/4) of Section 9, Township 1 North, Range 63 west of the 6th P.M. , as reserved unto the Grantors in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. 11587R (now Final Permit No. 31595-FP) , together with permanent access for ingress and egress to said well on the existing East-West farm road to operate repair, maintain, redrill and/or replace said well, the underground pipeline from said well, which supplies water from said well to the Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 West of the Gth P.M. , subject to the obligation to reimburse the grantees of said Deed recorded in Book 890, Reception No. 1811818, in the event of destruction of crops resulting from operation, repairs and/or replacement of said well No. R11587 and the underground pipeline therefrom, which obligation the grantee of this Deed assumes and agrees to perform; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and • SKLD LG SKL10422 WE 2210595- 1990 . 002 B 1260 REC 02 595 04/11/90 16: 51 ti20.• 3/004 F 2198 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO irrigation equipment; and specifically including: • A 1963 Nashua mobile home, Vehicle Identification No. UTW21K6566 (also referred to as a 12 x 48 Housetrailer) ; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. • • SKLD LO SKL10422 WE 2210595 - 1990 . 003 B 1260 REC 10595 04/11/90 16:57 A.00 4/004 F 2199 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO EXHIBIT B TO TEE WARRANTY DEED • 1. Any interest which may have been acquired by the public in the North and West 30 feet of subject property by reason of resolution of Board of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. 2. Right of way and easement for "Enlargement of the D.A. Ford Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and NE1/4 of NW1/4, 9-1-63 (with other lands) . 3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Bock 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet • spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North, Range 63 West of the 6th P.M. , and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the W1/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld county, Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described Property: A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the N1/2, Section 9, Township 1 North, Range 63 West of the 6th P.M. SKLD LG SKL10422 WE 2210595 -1990 . 004 s!. l Ii1 l I(,.tN 161 1 a. B 1263 REC 02212709 05/03/90 16:27 0150.00 1/030 f . ' 2709 F 0001 MARY ANN FEUERSTEIN CLERK 0 RECORDER WELD CO. CO i'6„ 1I _ _ _._- _ -_ -_._. . : - 1 l A WARRANTY DECD �} • { 1' THIS DEED,Made this 16th day or ;pri l .14 90 li l .White Mountain Ranch, a limited partnership organize Itg 1 and existing under the laws of the State of Nevada and State Documentary Fee It IT r I[ registered and doing business in Colorado as Colorado Date 5-3 -90 '.1 4, i White Mountain Ranch, Ltd. of the $ y47• `ifs tk I county of Adams ,State of Cchtraio,grantortsl and I 1 l If1 , Otto/+_t, I Eagle Peak Farms, Ltd., a Colorado limited partnership I,. e • I whwelegalaedrcssts c/o One Park Centre 1333 West 120th Avenue, Suite 211 1 y Denver, Colorado 80234 f1 of the drill I Adams ,Stale or Colorado.greaten i K 1 I I �� I�� WITNESSETH,rho the gmm nronsx for and eottaieemlon or me sore of Four Million Seventy-Four Thousand I! lit:,:':., .. . ,. -., and Two Hundred Twenty Dollars ($4,074,220.00) - AMR.. - Sl! . . the receipt and suffi<eavof which's hereby knnwhl rid haS da eedd,� g_nN ld and conveyed and by thew pmsem.dces gram. py ll bargain,sell convey.and confirm unto lhegmmeets). its sucC f0a _! r.all Om real properly.together wthiimprovements. II' (}9. ' if any,went.lying aim being on he County or Weld ,slate or Colorado. 1 kY -b described as follows' HI .: ,I See the attached Exhibit A. I ii 9 pgggtaWHFaNalPw6MRlinn :.. i:n 1 I E Il i,. y'' , TOGETHER with all and singular the heMitamenlv and appurtenances es hem o belong ng or in ppnaming.and the mtn on and i t Qi rev...ions.remainderand trmaindern.rents. nd P h Fe f and all the 'gh 1.interest.claimand demand whatsoever of the I grantortst.eitherlaw equity.of'n and to the above burned premises.with the heredttantents and appurtenance, I. t 1 ti suc5iisjprs'1 f� TO HAVE AND TO HOLD he. 'J premises aline bargained and J��epupCn�bN frWclX the rn�]]pp��n�cnpc�n<fnI I lXe! II li5 I„t. assigns:f And h F rl.I f ...4t...1, ..4t.5 ,a its SUCXdSAlauillibi a�a1 es gram,b F and ag t d with the tremens). Its siiiitY'�vWkt� ht t thetime ofthe caseating and Misery olla present,. it is Pellseize Y ' J ofth ;wanner abo<convewd.ba good sum perrat absolute anJ'indefeasible mine of inheritance,in Ian. in ler simple.and Ii 4 ha s rod nght.full finer and whinny in F Swain.- II and convey 'ndl f id and Mat h Etc R e and clear from all former and other grant barein sales.tie..taw.ase:rocr encumbrances.an rtnnamd s.l k ever kind or nature mom, 11 except a7 'ii See the attached Exhibit A. .t 'L a The graIlrg I shalland IIWARR\NT AND FOREVER DEFEND the those-bargained premise, th 9 d peaceable ort Oil. I I] Sul: e Scasassign, 1 i . gtamata. its andvan n<nlrnonmprrn slawfullydi damning me wholeorunyrynlhem tr. vi IN WITNESS WHEREOF.the gramml.l ha S nescreed this deed on the Jae w1 forth,bme. White Mountain Ranch, a limited partnership .! l I organized and existing under the laws of the i�lc crate oF-C4R>.ada--and--rs5+stered and doing 11 i I business in Colorado as Colorado White Nnu^ta{n-0a9cN Itd I, • 1‘... By: (1.",�L.__ L..--c_0-�.�i� ! WI iam M. Weaver, Jr. ph General Partite'ATE OF�Y. ' g New York , Cntntvof Nit sk //ll I The f 'gang insirumenl ass'ad,nnwl Iged hfi f me this lb". Snot , I ,19 C/C . d t H `r William`M., Weaver, Jr., as General Partner of hand Mountain Ranch, a limited * I. r 5 Ieltonen seal. C� 4 :I,,*partnership organized and existing under the laws of the Sta a f Nevada and H registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. I l *II m Deaver.'inn n'Cins and EOSA A.RIZZO ' f h I , Wary PubNo-2a 9d2L34da lab]el New York _ __ _II Tilt:, . l ._. _. .. _.__ OuJ OMmATp County --___ -� t1 No.932.Ras.3.iS. M&XVANTI nI.mm r%,w pit Core Expire:Sept 30,1990 1'D. n WIW VUN.n nP. aV ssn5..Lkmer.CObU IJn 1!V..VaI -9a tg 1(' b A e a `, O ellied in It legs Count; Corrnesicn E p r Sept.30 1990 q A _ Ili R t 1 • - . 4 (I . {1 1 B 1263 REC 02212709 05/03/90 16:21 $150.00 2/00 F 0002 MARY ANN £EUERST'EIN CLERK 6 RECORDER WELD D, CO , 'II ll- r - I , 41, E%HZHIT A TO THE WARRANTY GEED C E c1 The property shall include the following: F .a PARCEL A.: Parcel 1: Lot B of Recorded Exemption NO. 1477-30-2- RE564, recorded August 10, 1982 in Book 974, Reception 4't �r No. 1900026, being part 'a of the W1/2 of the W1/2 of Section 30, Township 1 North, Range 63 West of the 6th H ). 1. P.M., Weld County, Colorado. ;,I � 1.. Parcel 2: The wl/2 of Section 29, Township 1 North, ,I Range 63 west of the 6th P.M., Weld County, Colorado. iI 3. J Together with all and singular• the hereditantents and s appurtenances thereto belonging, or in anywise appertaining; ( including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, :ences, any and all iI .A ,. (. easements, rights-of-way, or other rights of access used in Iconjunction with the Property, any and all growing crops, trees, f and shrubbery; and i Together with all water and water rights, ditches and ditch 1 0 rights, reservoirs and reservoir rights, springs and spring ,I . rights, wells and well rights, both tributary and non-tributary �j¢' ( and designated and non-designated, on, under, appurtenant to, or 1 used on the land herein described, including but not limited to the following: i • ' -I The water rights represented by Well Permit No. 464-FP 3 (former Permit No. 464R), Well Permit No. 467-FP (former Permit No. 467R), Well Permit Nc. 8533-FP ` (former Permit No. 8533R), Well Permit No. 8534-FP (former Permit No. 8534R), and Well Permit No. 8535-FP • (former Permit No. 8535R); and All interest in the Henrylyn Irrigation District and '' water rights within said District associated with or �: !. appurtenant to the land described above; I t4 • The water rig and Well Permit No. 135893-A (former Permit No.rights represented by Well Permit No. 30635 1 1HI - 135893)- , !If . A including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, 3 tl easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of J .)a water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and r t' d '14I r li . o t d1lr �: . ett z W • .: ,,,�„� �:,%' &J,c. M ti S •—•.•—._ ••• •,". r,a J. Jf of n...: of 4 FK4n IlIL. V lill'Ac I 1 ' 1 0 � ` B 1263 REC 02212709 05/03/90 16:27 5150.00 3/030 I1 F 0003 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO _u -kV:. other property used in delivering water to the Property and measuring water used on the Property: r Together with any and all personal property, fixtures and other {{ items used in conjunction with or associated with the foregoing 1 property, and specifically including all well pumps and I irrigation equipment; and {� Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might {t be produced from the described lands; including, but not limited �rT to: j (a) All interest in the Oil and Gas Lease between K Johnnie Jakel, Robert T. Jakel and James R. Jakel, as Lessors, and Energy Minerals Corporation, Lessee, for a primary term of f three (3) months dated February 5, 1981, and recorded February 10, 1981 in Book 927 as Reception No. 1849265; and the extension , ( of said Lease as claimed by Affidavit of :.ease Extension or Production, filed pursuant to Section 38-42-106; C.R.S., by ))'s Energy Minerals Corporation, dated June 8, 1981, and recorded q} i June 15, 1981 in Book 938 as Reception No. 1860496 (covering the } W1/2 of W1/2, Section 30); (b) All interest in the Surface Lease between William k( « r H. Bell, Lessor, and Crystal Oil Company, Lessee, for a primary '1,1I-1.3." term of two (2) years, and thereafter on a year to year basis, dated May 18, 1981, and recorded August 14, 1981 in Book 544 as Reception No. 1866275 (parcel of land in the SW1/4 of Section �i 29); bjr .1 (c) All interest in the Surface Lease between William ' 4 `t} H. E;ell, Lessor, and Damson Oil Corporation, Lessee, for a ) i primary term of two (2) years and thereafter on a year to year �fi basis, dated April 14, 1982 and recorded October 4, 1982 in Book # ( 979, Reception No. 01905324 (parcel of land in the SW1/4 of ,{i} l' Section 29); (d) All interest in the Surface Lease between William I1515.`[[[[[[5 H. Bell, Lessor, and Damson Oil 7ompany, Lessee, for a primary '. term of two (2) years and thereafter on a year to year basis, }.. ' dated May 6, 1982, and recorded October 4, 1982 in Book 979, Reception No. 01905323 (parcel of land in the SW1/4 of Section E ; 29); • 1� (e) All interest in the Surface Owner s Agreement __. V between William H. and Carol C. Bell, Lessors, and Champlin r >.. Petroleum Company, Lessee, for a period of one (1) year or iI F longer, dated September 30, 1983 and recorded November 30, 1983 ' { 2 ' fyi f t t fi F" F ' e yt!) dt I.* pax 0 I A )?63 EEC 02212709 05/03/90 16:27 5150.00'^ 4/030 V J • B 1263 REC 02212709 05/03/90 16:27 J150.00 4/030 F 0004 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO in Book 1014, Reception No. 01948340 (covering the NW1/4 of Section 29); � � - (f) Any and all after-acquired rights, interest and reversions to said minerals, including but not limited to, mineral rights to revert to surface owner fifteen (15) years from August 20, 1982, as reserved by James R. Jakel and :.aran R. Jakel ir, the Deed to William H. Bell and Carol C. Bell, recorded August 20, 1982 in Book 975, Reception No. 1901408, and mineral rights to revert to surface owner twenty (20) years from March 28, 1974, pursuant to a Warranty Deed from Doris L. Abbott to LeRoy Schlagel and Alberta J. Schlegel, recorded April 3, 1974 in Book 711, Reception No. 1633293. The property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. (affects Parcels 1 and 2) 2. Easements on behalf of Mountain Bell Telephone Company, ,. recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757; and Western Gas Supply Company. recorded April 2, 1985 in book 1063 as Reception No. 2004300. (affects Parcels 1 and 2) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U. S. Patent recorded April 26, 1926 in Book 460 at Page 153. • (affects Parcel 1) 4. The Distributing Ditch, and any and all rights of way therefor, as evidenced by Map and Statement filed August 24, 1911 as Filing No. 169692, insofar as the same may affect subject property. (Affects Parcel 1) 5. Easement and right of way to construct, operate and ----- maintain an electric transmission line, vith all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, • • A A v 8 1263 REC 02212709 05/03/90 16:27 5150.00 5/030 F 0005 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO as granted to The United States of America by John Jakel and LaVern Mae Jakel, in the instrument recorded April 21, 1951 in Book 1301 at Page 112, affecting the following described property: The center line of the route of said line of poles and wires to be erected ac-oss said lands shall be as follows: Beginning at a point on the West line of said NW1/4, Section 25, being 1374 feet South of the Northwest corner of said Section 25; thence 585 'E a a s distance of 2645 feet, more ,t less,point on the East line of said NW1/4, being 1388.6 feet South of the North quarter-corner of said Section 25. Beginning again at a point on the West line of said W1/2 NW1/4, Section 30, being 1305.5 feet South of the Northwest corner of said Section 30; thence S89°57'E a distance of 1303.7 feet, more or less, to a point on the East line of said W1/2 NW1/4, being 1363.3 feet South of the North line of said Section 30, whence the Northwest corner of said Section 30 bears N45.00'W 1848 feet. Said easement being 37.5 feet of either side of the above centerline. (Affects Parcel 1) 6. All Mineral Rights not previously reserved to revert to Surface Owner 15 years from August 20, 1982, as reserved by James R. Jakel and Karan L. Jakel in the Deed to William H. Bell and Carol C. Bell, recorded August 20, 1982 in Book 975 as Reception No. 1901408, and any interests therein or rights thereunder. (Affects Parcel 1) 7. Reservations by the Union Pacific Land Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September 18, 1908 in Book 233 at Page 163. (affects Parcel 2) '• ., 8. All rights of way for all reservoirs, canals, waterways - and ditches that are now upon said premises or any part thereof, together with the right to operate, maintain and repair the same; also the right to construct, operate and maintain over, upon or across said land 4 � n ° . S . . • • • ;' B 1263 REC 02212709 05/03/90 16:27 >150,00 6/030 , F 0006 MARY ANN FEUERSTEIN CLERK S RECORDr . WELD CO, CO such canals, ditches, laterals and waterways of such dimensions and capacities as may be required for the I,. , proper irrigation of other lands, now owned by the .,l( first party, together with the right of ingress and . egress along, upon, over, and to and from said canals, • ditches, laterals and waterways, as reserved by Chicago Title and Trust Company by instruments recorded April , II26, 1928, in Book 847 at Page 203 (Affects SW1/4 SW1/4 I Section 29); recorded April 26, 1928, in Book 847, at Page 204 (Affects NW1/4 SW1/4 Section 29); and recorded - • August 17, 1932, in Book 936, at Page 124 (Affects NW1/4 and E1/2 SW1/4 Section 29). (Affects Parcel 2) 9. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, �{ as granted to The United States of America by Viola D. Sargent, in the instrument recorded March 30, 1951 in II Book 1299 at Page 189, affecting the following described property: ' The South half of the Northwest quarter (51/2 NW1/4), Section 29, Township 1 North, Range 63 West of the 6th 1 • • Principal Meridian. The centerline of the route of e said line of poles and wires to be erected across said lands shall be as follows: ' Beginning at a p.,int on the West line of said S1/2 NW1/4, Section 29, being 1434.5 feet IF South of the Northwest corner of said Section 29; thence South 89°55• East a distance of • 2686.6 feet, more or less, to a point on the ., . , East line of said 51/2 NW1/4, being 1439 ' feet South of the North Quarter-corner o£ said Section 29. Said Easement being 37,5 - {, �� feet of either side of the hereinabove i described centerline. (Affects Parcel 2) 10. A Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of Weld County, Colorado for the , I, use of the Federal Land Bank of Wichita, Wichita, • Kansas, to secure a promissory note in the amount of Five Hundred Fifty-Six Thousand Dollars (5555,000.00), dated August 17, 1982 and recorded August 20, 19o2 in I Book 975, Reception No. 1901409. (Affects Parcels 1 and 2) • `6. 5 ,y • .y jqqt ' l';':0";10"61' t,r( ° a it . f 1 4 - iy ` r f P i # 1 1 e:t j,1 u � is t ,' 1�T �1 � c. 1•'k,r,,l + ' I t,- 1(,t r b J 4?. 41. 's e . , Y .' 1 nil ,a p $ ti ' I . "d i q j d, . art r' ,, r y . t e; � + '' 'Si r �sl >g r . _ E4 SS Ir k PB 1263 REC 02212709 05/03/90 10:27 R119,00 G30i '� .f F 0007 MARY ANN FEUERSTSIN CLERK E RECCRDYY S ?U, CS, CC 11. Security interest under the Uniform Comt'rulul 20.12 affecting the subject property as i. catad 3y a �� Financing Statement From William H. Be) and Cart1 c.Hell, debtors, to the Federal Land Bark of �'ic ita, secured party, filed August 20, 1962 as Filing Uct 130176573 and recorded August 20, 1932 in Boer. C97..1, 4 i. Reception No. 01901410. (Affects Parcels 1 and 2) i ` ; PARCEL H.: 1 North lA ,„ Parcel 1: The SW1/4 of Section 18, Township , A, ,Ifd9$.. Range 63 West of the 6th P.M., Weld County, Colorado. lk ,!ff Parcel 2: The NE1/4 of Section 24, Township 1 North, t a f. Range 64 West of the 6th P.M., Weld County Colorado. ?. rogether with all and singular, the hereditaments and Y4- 2 I l''', - appurtenances thereto belonging, or in a.:ywise appertaining; py • including but not limited to, any and all fixtures, all other i :J: '! homes and buildings, mobile homes, barns, fences, any and all "easements, rights-of-way, or other rights of access used inp ��l. ' conjunction with the Property, any and all growing crops, trees, tjjjj and shrubbery; and X _ fit Together with all water and water rights, ditches and ditch, 6 it rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary t S and designated and non-designated, on, under, appurtenant to, or a If ' used on the land herein described, including but not limited to ) ,4. the following: 1 y I All interest in the Henrylyn Irrigation District and j 4 1 ' I ( , water rights within said District associated with or 7 A 7� appurtenant to the land described above; ip 2 and `t � All interest in the small capacity wells represented by I; Permit Nos. 81267 and 81268, and any other wells t f' located on, or appurtenant to, the land described above. !•" G Including any and all easements and rights-o£-way r.ssoci ated with the water and water rights, including, but not limited to, _ ,r easements and rights-of-way for the carriage of water to the r} : Property, discharge of water from the Property, and storage of , water off of the Property; and including all headgates, flumes, tc diversion structures and measuring structures, pumps, meters and , other property used in delivering water to the Property and ? measuring water used on the Property; 1 4, l . 6 2 .,• f M' IL tY� t�-. B 1 . "1t w .. ',b L. J • o � F F. <. • B 1263 REC 02212709 0:103/90 16:27 5150.00 8/030 F 0008 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired; including, but not limited to: All right, title and interest in the Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Mormac Oil and Gas Company, Lessee, for a primary term of two (2) years, dated March 1, 1981 and recorded April 7, 1981 in Book 932 as Reception No. 1854477; and the extension of said Oil and Gas Lease as claimed by the Affidavit filed pursuant to Section 38-42-106, .A C.R.S., by Carl A. Houy, dated November 19, 1982 and recorded November 29, 1982 in Book 982 as Reception No. 1909811; and - All right, title and interest in the Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term of three (3) years, dated August 31, 1981 and recorded September 21, 1981 in Book 948 as Reception No. 1869682. The property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet '.aide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects Parcels 1 and 2) 2. An undivided 1/2 of all oil, gas and other minerals, and mineral rights a reserved by The Federal Land Bank of Wichita in the Deed to Orville B. Shaklee, recorded August 28, 1942 in Book 1098 at Page 97, and any interests therein or rights thereunder. (Affects Parcel 2) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded March 8, 1917 in Book 460 at Page 10, 7 • • B 1263 REC 709 F 0009 MARY0ANN2 05/03/90 16:27 9/030 FEUERSTEIN CLERK & RECORDER WELD CO, CO (affects Parcel 1) and recorded April 19, 1916 in Book r i r: i, 1 t ( , B 1263 REC 02212709 05/03/90 16:27 *150.00 9/030 F 0009 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (affects Parcel 1) and recorded April 19, 1916 in Book 385, at Page 164. (Affects Parcel 2). 4. Right of way 50 feet wide as granted to The Chicago ,j Burlington and Quincy Railroad Company by Right of Way i i, Deed recorded July 9, 1925 in Book 779 at Page 242. it ' NOTE: Said right of way is on the � Southerly side of and adjoining the center line of the beet spur tract ti'��., as now surveyed over and across said land. (Affects Parcel 1) ( 1';', M1. 5. Existing railroad right of way as evidenced by right of , way deed recorded July 9, 1925 in Book 779 at Page 242, the exact location is not disclosed of record. (Affects Parcel 1) 6. The Shaklee Ditches and a right of way therefor, as ' evidenced by map filed December 27, 1927 in Book 6 of 1..i. Maps at Page 93. (Affects Parcel 1) i. 7. Right of way 50 feet in width along the North line of said quarter section to the C.B. , and Q. Railroad L' Company as same is now located, reserved in Deed from First National Bank of Greeley, Colorado, Trustee to LeRoy Schlagel and Alberta J. Schlagel, recorded December 28, 1973, in Book 705 as Reception No. 1627422. (Affects Parcel 1) i 8. Oil and gas lease between William H. Bell and Carol C. i t Bell and Mormac Oil and Gas Co., Denver, Colorado dated ' . March 1, 1981, recorded April 7, 1981 in Book 932 as f, reception No. 1854477, and any interests therein or i 1 rights thereunder. (Affects Parcel 1) 1i - NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to Section ,. 118-13-6, C.R.S. 1963, now referred to as : {1. . Section 38-42-106, C.R.S., by Carl A. Houy, recorded November 29, 1982 in Book 982 as Reception No. 1909811. 9. Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term of three (3) years, dated August 31, 1981 and recorded September 21, 1981 in Book 948 as Reception No. 1869682, and any interests therein or rights thereunder. (Affects Parcel 1) -- ( . B } v .'il•{ j'.,, f. , i� h :Pi!- fI, • ai i r. d; S > B i263 REC 02212709 05/03/90 16:27 *150.00 10/030 i F 0010 MARY ANN FEUERSTEIN .:LERK S RECORDER WELD CO, CO 1f ii 10. Deed of Trust from William H. Bell and Carol C. Bell to tt+ the Public Trustee of the County of Weld for the use of 's y,.., +A.. c...i...-vl t...- Rant of WVrh{tn to epnt're Five -. .. . B 1263 REC 02212709 05/03/90 16:27 4150.00 10/030 F 0010 MART ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO • 10. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Five Hundred Fifty-Six Thousand Dollars ($556,000.00), dated August 17, 1982 and recorded August 20, 1982 in Book 975 as Reception No. 1901409. (Affects Parcels 1 and 2) 11. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Two Hundred Eleven Thousand Dollars ($211,000.00), dated March 26, 1984 and recorded April 12, 1984 in Book 1026 as Reception No. 1962842. (Affects Parcels 1 and 2) 12. Agreement for Pipe Line Across Right of Way between Chicago, Burlington E. Quincy Railroad Company and Robert J. Busch recorded on February 4, 1985 in Book 1057 under Reception No. 1997476. ((Affects Parcel 1) PARCEL C.: Parcel 1: Lot 2, and the E1/2 of the SW1/4, and the SE1/4 of Section 7, also known as the S1/2 of Section 7, Township 1 North, Range 53 West of the 6th P.M., Weld County, Colorado. Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 3: A perpetual right of way and easement over and across the West 16 feet of the SE1/4 of Section 18, the West 16 feet of the NE1/4 of Section 18, and the West 16 feet of the E1/2 of Section 19, all in Township 1 North, Range 63 West of the 6th P.M., for the purpose of installing, operating and maintaining thereon a water transmission ;,;• % .' pipeline. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; includi-g, but not limited to, any and all fixtures, fences, any ''• and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or 9 1111 l • 1. B 1263 REC 02212709 05/03/90 16:27 5150.00 11/030 • • B 1263 REC 02212709 05/03/90 16:27 5150.00 11/030 F 0011 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236- R, also referred to as Final Permit No. 31519--FP, Well Permit No. 235-R, also referred to as Final t ,rmit No. 31518-FP, Well Permit No. 237-R, also referred to as Final Permit No. 31520-FP, Well Permit No. 13205, and Well Permit No. 69377, and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage- of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and • measuring water used on the Property, and specifically including, (A) the pipeline for irrigation water as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 1057, Reception No. 01997476, in the offices of the Weld • County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, and � • March 5, 1970 in Book 621 as Reception No. 1543.408, and any applicable amendments; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980, -4 -, and recorded October 30, 1980 in Book 918 as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S., by Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil 10 • vY ' m p L i v d { o . I, `.• t (,,;,26(!* ! ' .. ' t' ; B 1263 REC 02212709 05/03/90 16:27 5150.00 12/030 `n } F 0012 MAR? ANN FEUERSTEIN CLERK s RECORnER WELD CO, CO 8 ' 9 1 , and Gas Lease dated November 21, 1980 and signed ee William C. H' Busch and Sally R. Busch and Robert J. Busch and Di L. Busch, 4 and the Extension of Oil and Gas Lease dated February 8, 1982• ff and signed by William C. Busch and Sally R. Busch and Robert J. 6. Busch and Rubi L. Busch; except for an undivided one-half (`)Cp• f interest in all oil, gas and minerals underlying the E1/2 of , r Section 30, Township 1 North, Range 63 'West of the 6th P.M. as ' H ii retained in a deed recorded in Book 734, Reception No. 1655259, asI,, . ,,. in the Books and Records of the Weld County Clerk and Recorder, r; -1! f The Property is subject to the following restrictions and ^: limitations: 1. Rights of way for county roads 30 feet wide on each - side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) ♦ 2. Reservations by the Union Pacific Railroad Company of \ . (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the +i;' right of ingress and egress and regress to prospect 2 3 for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book . 233 at Page 128. °` • ' •.f (Affects S1/2 of Section 7) s1 1( d II 3. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) • right of way for any ditches or canals constructed by authority of United States. in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. • (Affects NE1/4 Section 30) • 4. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. o (Affects SE1/4 Section 30) • 5. Easement and right of way to construct, operate and ';%(.5.1, maintain an electric transmission line, with all poles, 1lf cross arms, cables, wires, guys, supports, fixtures and .4 devices, as granted to the United States of America by Allen G. Abbott, in the instrument recorded March 15, bi 1951 in Book 1297 at Page 529, affecting the following described property: 1 11 {, wr' • J -, �.�.. ..tee. --.5L+v.o—tip 1+.N4tii4 k ni ill ) .4 • : �s' 4. el u I l) , - - % i,) ° I ,' , 4 8 1263 REC 02212709 05/03/90 16:27 y150.00 13/030 F 0013 MARY ANN £EUERSTEIN CLERK S RECORDER WELD CO, CO + g' Beginning a point on the West lime said NE1/4, Section 30, being 1421 "yetet tc S South of the North quarter-corner of 4 Cc'. ki said Section 30; thence 589°57'E a ( ;'' "fi distance of 2717.3 feet, more or less, to a point on the Fast line of said t 4,1 NE1/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described r. .,.Interline. • - 6. Easements on behalf of Mountain Bell Telephone Company, !, I recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded ' August 31, 1984 in Book 1041 as Reception No. 1979784; t{ Associated Natural Gas, Inc., recorded April 10, 1981 II , s , i ,. in Book 1229 as Reception No. 2175917; Public Service ( +,i Company of Colorado, recorded November 9, 1981 in Book v. "'952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300. 7. Deed of Trust from White Mountain Ranch, a limited t j • partnership organized and existing under the laws of the State of Nevada and registered and doing busi(((pess in Colorado as Colorado White Mountain Ranch, Ltd. to the Public Trustee of Weld County, Colorado, for the (. Its use and benefit of William C. Busch and Sally R. Busch, dated November 29, 1989, to secure a promissory note in +7 II ;; the principal amount of $600,000.00, and recorded } `j November 30, 1989 in Book 1250, Reception No. 2198938. rtt It' . ,> 8. Reservation of right of way for any ditches or canals ' a!7 constructed by authority of United States, in U.S. +I t+ ! ` @. patent recorded June 19, 1918 in Book 507 at page 37 +, 1' l�. (Affects NE1/4 Section 18), and in U.S. patent recorded i ) ,a. November 6, 1924 in Book 668 at page 148 (Affects SE1/4 ) ;';f Section 18). 9. Right of way to construct an irrigation ditch granted to Harry F. Flock by Mamie Johnson, Administratrix of •*'1j : I the Estate of Peter E. Johnson, deceased, and Fred R. 11,7 ,, 1.• Wright, Mortgagee by Assignment, by Right of Way Deed recorded April 7, 1943 in Book 1108 at Page 228. I ' (Affects NE1/4 Section 18) d y ( r ; t A 12 ! I4! I. • I, s• n: 1� al I 0 I r i a a • • • B 1263 REC 02212709 05/03/90 16:27 W150.00 1/030 F 0014 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO 10. Reservation of oil, coal and other minerals and rights of ingress and egress as reserved by Union Pacific Railroad Company in Deed to the Western Land Company, recorded September 18, 1908 in Book 233 at Page 163. _ • (Affects E1/2, Section 19) 11. The right to construct, operate and maintain water i �. conveyance facilities as reserved by Chicago Title and o , Trust Company as Trustee in the Deed recorded August 17, 1932 in Book 936 at Page 124. (Affects E1/2 of Section 19) 12. Mortgage from Chicago, Burlington E Quincy Railroad Company to The First Nation Bank of the City of New , e York and Frazier L. Ford, Trustee, recorded February 20, 1922 in Book 672 at Page 154, and Mortgage from Burlington Northern, Inc. to Morgan Guaranty Trust ° Company of New York and Jacob M. Ford, II, Trustees, recorded March 5, 1970 in book 621 as Reception No. 1543408. (Affects E1/2 of Section 18) • PARCEL D.: 1 � . • Parcel 1: All that part of Section 27, Township 1 j North, Range 63 West of the 6th P.M., weld County, • - Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation Distric by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27, running thence East along the North line of saic i. Section for a distance of 820 feet, thence South 1060 1 ; 1 feet, thence West 820 feet, thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. Parcel 2: The SW1/4 of Section 22, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado EXCEPTING THEREFROM a parcel of land reserved in Deed recorded January 9, 1946 in Book 1169 at Page 65, being more particularly described as follows: A strip of land 100 feet wide, BEGINNING at the Northwest end of the Olds Reservoir embankment on the SW1/4 of the Section 22, and extending along the outer line of the right of way for the reservoir to the Southr,st end of said embankment, hf 13 AV lI I A. . . a ! Y ..II t_t • P 1263 REC 02212709 05/03/9O 16:27 el50.00 15/030 ( 1.; . • F 0015 MARY ANN FEVERSTEIN CLEAR a RECORDER WELD CO, CO I( { y, thence along the East side of said reservoi- site to ) I ;. 2 the South line of the SW1/4 of said Section 2e. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; t {' including, but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all {r <"' easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, .4 1. E and shrubbery; and { r 4 Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring { 1 , rights, wells and well rights, both tributary and non-tributary )-4 • I•a and designated and non-designated, on, under, appurtenant to, or G. used on the lands herein described, including but not limited to the following: A 3 11-x a The water rights represented by Well Permit No. 12123- } , 0 - FP (former Permit No. 12123-R), Well Permit No. 12124- FP (former Permit NO. 12124-R), the Carder-Bright Well, , the A. P. Jackson Well, and the William Vogt South 14 Well and any and all easements, rights of way and • t1 i appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 465, �! and recorded March 15, 1953 in Book 1352 (st Page 249 $`1 (Affects Section 27); and 1 S �} All interest in the Henrylyn Irrigation Dlistrict and y 1 water rights within said District associated with or appurtenant to the land described above; L ; 4. Including any and all easements and rights-of-way associated with j ' the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the .•t Property, discharge of water from the Property, and storage of ,;u water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and ` ' other property used in delivering water to the Property and measuring water used on the Property; 4 Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing q, f property, and specifically including all well pumps and ( I! { ' irrigation equipment; and Together with all minerals of whatever kind or character owned by the grantor, including but not limited to, all oil and gas and .. constituents thereof, gravel, sand and coal, in, under and upon + or that might be produced from the described lands; end IMh 14 A. ' A d e a, �.. I • �a` _ • r • .�..a ehit; ;t . k n Y ,• • 1 • • 4 • � - • • 9 • B 1263 REC 02212709 05/03/90 16:27 5150.00 16/030 F 0016 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO Together with and subject to all interest in the Contract dated June 4, 1936 between 2. F. Carder and Vester Carder and W. H. • Bright and John D. Bright, as recorded on Januar, 20, 1940 in Book 1056 at Page 119. 0 The Property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Cormissioners for Weld County, recorded October 14, 1889 in Book 86 at Page • 273. (Affects Section 27 and the SW1/4 of Section 22) 2. Reservation of right of way for any ditches or canals constructed by authority of United States, in U. S. Patent recorded September 11, 1923 in Book 677 at Page 47. (Affects SW1/4 Section 22) 3. Reservations by the Union Pacific Land Company of (1) • all oil, coal and other minerals underlying subject property, (2) the exc_usive right to prospect for, mine • and remove oil, coal and other minerals, and (3) the right of ingress and egress and :egress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. (Affects Section 27) 4. Easement and right of way for Olds Reservoir, as contained in Deed recorded February 25, 1929, in Book 861, at Page 431, in which the specific location is not defined. (Affects SW1/4 Section 22) 5. Easement and right of way for construction, use and • maintenance of an irrigation ditch, and ingress and egress and regress, from ditch and pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrument recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Page 249, of said deeds, in which the specific location of the easement is not i defined. (Affects Section 27) 6. Easement and right of way for Prospect Lateral, as til evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. II 7. Easement and right of wcy to construct, operate and maintain an electric transmission line, as granted to - 4 15 x 1 , a, A ID • • • • • IF B 1263 REC 02212709 05/03/90 16:27 Y 15D.00 17/030 F 0017 MARY ANN FEUERSTEIN CLERK d RECORDER WELD CO, CO the United States of America by Vester Carder and Lucile Carder, Keenesburg, Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437, affecting the following described property: The South half of the Northwest quarter, and that part of the Northeast quarter lying North and West of Prospect Lateral, Section 27, Township 1 North, Range 63 West of the 6th P.M. The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point o .`. on the West line of said S1/2 NW1/4, Section 27, being 1463 feet South of the Northwest corner of said Section 27; thence South 89'54' East a distance of 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69°39' West 4226 • feet. Said easement being 37.5 feet on either side of the centerline. 8. The property is also subject to the following easements, the precise location of which is not • specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981 i., Book 949 as Reception No. 1870705; (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; (e) Western Slope Gas Company, recorded ,,arch 9, 1983 in Book 990 as Reception No. 1919757; and (f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL E.: The East Half of the Northeast Quarter (E1/2 NE1/4) of Section 26, Township 2 North, Range 63 West of tt- 6th P.M., Weld County, Colorado. �H YF . Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other 16 • • • • • 1 r f • • • v t, I I. . ),. c' B 1263 REC 02212709 05/03/90 16:27 X150.00 18/030 ' , F 0018 MARY ANN FEUERSTEIN CLERK & RECORDER ` SLD CO, CO i- .6 , homes and buildings, mobile homes, barns, fences, any and all IN ). , easements, rights-of-way, or other rights of access used in ' 4 , ; S conjunction with the Property, any and all growing crops, trees, I, t;} 1 and shrubbery; and I 11,1 _. X11 • Together with all water and water rights, ditches and ditch '"'i '' rights, reservoirs and reservoir rights, springs and spring - • rights, wells and well rights, both tributary and non-tributary ;1. and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: An undivided one-third interest in and to the water rights and irrigation wells designated by Well Permit No. 31537-FP ) (former Permit No. 5854-R, also known as Pernit No. 5854), and Well Permit No. 31538-FP (former Permit No. 5856-R, also I �(I known as Permit No. 5856-RF), and all interest in Well . Permit No. 5855-R (also known as Permit No. 5855); and .I All interest in the Henrylyn Irrigation District and �,. , • }, water rights within said District associated with or }( C: appurtenant to the land described above; 1I. Including any and all easements and rights-of-way associated with l the water and water rights, including, but not limited to, ' easements and rights-of-way for the carriage of water to the .'{ -0 ,I Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, ; g - 1• diversion structures and measuring structures, pumps, meters and Cr„ other property used in delivering water to the Property and I' measuring water used on the Property, and specifically including, ;� but not limited to, all right, title and interest in and to the Agreement between Larry Mowery and Alfred Cuykendall, dated f s October 7, 1986, and recorded on October 9, 1986, in Book 1131, : 1 1! Reception No. 02072717, of the Books and Records of the Weld i i t County Clerk and Recorder; I2 Together with any and all personal property, fixtures and other )6 }� items used in conjunction with or associated with the foregoing property, and specifically including all we_1 pumps and irrigation equipment; and Together with all minerals of whatever kind or character, }... including but not limited to, all oil and gas and constituents +1 thereof, gravel, sand and coal, in, under and upon or that might 9' M' be produced from the described lands, now owned or hereafter 'I I'M}}' acquired, except those listed under the reservations and ;f1. limitations below. '{)+ !!!!!!! 1: 17 t i4 f it 1 i;lN!. ' .. P S 4 B 1263 REC 02212709 05/03/90 16:27 5150.01 19/030 F 0019 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO The property is subject to the following reservations and i . limitation,: - "y 1. Mineral Daed from Kathryn Dailey as Personal Representative of the Estate of Daniel H. Dailey to fi ifl Kathryn S. Dailey recorded December 27, 1983 in Book 1016, under Reception Number 1951079, Weld County (4 Records, in and to all of the oil, ,as, and other minerals in and under, and that may be produced from _ said land. 7 i 2. Deed of Conveyance from Maurice Dailey to Dailey Royalties, Inc., an Illinois Corporation dated July 8, 1985, and recorded July 19, 1985 in Book 1077, under Reception Number 2017646, Weld County Records. 3. Mineral Deed from Arthur Bryan Hall to Arthur Bryan Hall, Jr., an undivided 1/2 interest, and Jana Margaret Hall, an undivided 1/2 interest, effective December 31, r• - 1986, and recorded January 26, 1987 in Book 1143, under Reception Number 2086041, Weld County Records. I 4. Reservation as contained in instrument from Paul R. , Cuykendall and Anne L. Cuykendall, as recorded January 28, 1976 in Book 758 under Reception No. 1679976, weld _ County Records, which is as follows: "Reserving, however, unto the grantor all of the oil, gas, and e other minerals lying in, upon, and under said premises • together with the right of ingress and egress to prospect for and production of the same." i' 5. Right of Way granted to Western Slope Gas Company, a • Colorado corporation, by instrument recorded April 10, 1981 in Book 933, under Reception Number 1854831, Weld County Records. 6. Mineral Deed from Christine McDannald Hall to Arthur Bryan Hall, an undivided i/3 interest, Farris McDannald Hall, an undivided 1/3 interest and Elisabeth Hall , Walker an undivided 1/3 interest, recorded October 14, 1976 in Book 779, under Reception No. 1701243, Weld County Records. 7. Mineral Deed from Mary Little McDannald to Mary Sue McDannald Carlson and Robert Morris McDannald, Jr., recorded February 13, 1976 in Book 759 under Reception Number 1681180, Weld County Records. 8. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by ] 18 1 ' '. .. .. -' mac.. -„•.0779 05/03/90 16:27 5150.00 20/030 lia...ie L.i.. i,. • B 1263 REC 2 05/03/90 16:27 F 0020 MARY ANN FEDERSTEIN CLERIC S RECORDER•WELD CO, CO the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 13, 1904 in Book 132 at Page 89. 10. Deed of Trust from White Mountain Rar n, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd., and Eagle Peak Farms, Ltd., a Colorado limited partnership, for the benefit of Larry Mowery, dated April 5, 1990, to secure a promissory note in the principal amount of $70,000.00. 11. The property is also subject to the following general notices of underground facilities that have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception. No. 1670705. b) Associated Natural Gas, Inc., recorded July 20. 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 • in Book 1063 as Reception No. 2004300. PARCEL F.: An undivided 67% interest in the following: Parcel 1: All of the Northwest Quarter of the Northwest Quarter / . iT North, Range 63 West of the 6th PM , Weld County, Colorado. Parcel 2: The South Half of the Northwest Quarter (S1/2 NW1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 3: All of the North Half (N1/2) of Section 23, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. 19 B 1263 AEC 02212709 05/03/90 16:27 J 150.00 21/030 F 0021 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Parcel 4: The North 16-1/2 feet of the Southeast Quarter • (SE1/4) of Section 22, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 5: A part of the Northeast Quarter of the Southwest Quarter (NE1/4 SW1/4), Section 32, Township 2 North, Range 63 West of the 6th P.M., more particularly described as follows: Beginning at the center of said Section 32; thence West along the North line of the Southwest Quarter of Section 32, 948.0 feet; thence South 56°17'20" East, 267.0 feet; thence South 73°22'10" East, 757.2 feet to • the East line of the Southwest Quarter (SW1/4) of Section 32; thence North 89°56'30" East along said East line of Southwest Quarter (SW1/4) of Section 32, 365.0 feet to the point of beginning, containing 4.66 acres, more or less. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easementS, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and specifically including without limitation the following mobile homes: 1972 Westchester Mobile Home, VIN W65C2D0Y11327R, Title No. E502688 (also referred to as a 12 x 70 Westchester Mobile Home); 1969 Town and Country Mobile Home, VIN 101211763, Pur;ad Title No. 03E388186 (alsf referred to as a 12 x 60 mobile home); and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to . the following: The water rights represented by irrigation well Permit '4 No. ';1526-FP (former Permit No. 4477-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4477, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382 20 I • • - • • • B 1263 REC 02212709 05/03/90 16:27 5150.00 22/030 F 0022 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO " by the Findings and Decree dated March 26, 10-1, and by irrigation well Permit No. 31527-FP (former Permit No. • 4478-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4478, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382, by the Findings and Decree dated March 26, 1971, and by small capacity well Permit No. 76464; All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with • the water and water rights, including, but not limited to, • easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property, and specifically including without limitation: The License for an eight-inch (8") alumin:.m irrigation pipe across the county road existing between Sections 22 and 23, Township 1 North, Range 63 West of the 6th • P.M., Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast • Quarter (SE1/4) of said Section 22 to the Southwest Corner of the Northwest Quarter (NW1/4) of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonard Baumgartner, and as conveyed to Dave and Creta J. Baumgartner by the Warranty Deed in Joint Tenancy recorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is stated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; • Together with any and all personal property, fixtures and other items used in conjunction with or associated wit the foregoing • property, and including without limitation, all well pumps, motors and irrigation equipment; Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or he ?after acquired. 21 • . • • B 1263 REC 02212709 05/03/90 16:27 3150.00 23/030 F 0023 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO The property is subject to the following limitations and restrictions: 1. Reservation of all oil, gas, and minerals underlying subject property, as reserved by William Hoff and Katherina M. 7 Hoff, in instrument recorded March 13, 1958 in Book 1498, Page 529, Weld County Records. (Parcels 1 and 2) • 2. Right of Way easement granted to Mountain States l Telephone and Telegraph Company by instrument recorded November 11, 1974 in Book 726 under Reception Number 1648265, Weld County Records. (Parcel 1) yp61 3. Mineral Deed from William Hoff and Katherina M. Hoff to f George T. MCMakin recorded June 25, 1975 in Book 742, under Reception Number 1663699, Weld County Records, conveying all interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 4. Mineral Deed from George T. McMakin and Lequita F. f MCMakin to L. P. Lowrey dated November 25, 1975, and recorded I December 2, 1977 in Book 816, under Reception Number 1737537, Weld County Records, conveying an undivided 1/2 interest in and I to all of the oil, gas and other minerals in and under, and that • may be produced from said land. (Parcels 1 and 2) 5. Mineral Deed from L. P. Lowrey to R. Ronald Schnier recorded December 2, 1977 in Book 816, under Reception Number 1737538, Weld County Records, conveying an undivided 1/2 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 6. Mineral Deed and Royalty Conveyance from Ben. H. Gregg and Artie P. Gregg to Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under R ..caption No. l 1487904, Weld County Records, conveying an undivided 2/12 • interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4)1. i 7. Mineral Deed from Ben H. Gregg and Artie P. Gregg to I _ Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg I recorded April 28, 1966 in Book 566, under Receptio:, No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that • may be produced from said land. (Parcels 3 and 4) , I 22 i • L.F B1263 REC 02212709 `05/03/90 16:27 .3150.00 24/030 '. F 0024 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 8. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Book 664, under Reception Number 1586146, Weld C mty Records, conveying all interest in and to all of the oil, gas (gas, casinghead gas, distillate, condensate, helium and all other gaseous substances) & associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest being reconveyed to Union Pacific Land Resources Corporation in Quit Claim Deed recorded on June 6, 1977 in Book 799 under Reception No. 1720995, Weld County Records. (Parcel 3) • 9. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Weld County • Records. (Parcel 3) 10. Oil and gas lease executed by Champlin Petroleum II Company, as lessor, and Amoco Production Company, as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594, Weld County Records. (Parcel 3) 11. Quit Claim of Right of Way and Surface Lease granted to Snyder Operating Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Parcel 3) Estoppel of Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as recorded on • December 28, 1989 in Book 1252 under Reception No. 221215. 12. Right of Way for county roads 30 feet wide on either f 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, Weld County Records.• 13. A Condition contained in the United States Patent recorded December 12, 1925 in Book 677, at Page 155, Weld County • Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and { acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of • way thereon for ditches or canals constructed by the authority of the United States." (Parcels 1 and 2) . 14. A Condition Contained in the United States Patent recorded July 3, 1902 in Book 201, at Page 60, Weld County Records, which states as follows: "Yet excluding and excepting from the transfer, by these presents, 'All mineral Lands' should �f any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the 23 • • • B 1263 REC 02212709 OS/J3/90 16:27 150.00 CO, CO 30 F 0025 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO terms of the statute, 'shall not be construed to include coal and iron land'." (Parcel 3) 15. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: "EXCEPTING AND RESERVING: FIRST: All coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and r' on said land for coal and other minerals, therein or which may ue supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. • FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said Railroad." (Parcel 3) 16. Deed for a 70 foot road on the West side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428, Weld County Records. Said strip of land conveyed in Deed to Weld County recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel 3) 17. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 4) 18. Reservation of an undivided one-half of all oil, gas, and minerals underlying subject property, as reserved by The Federal Land Bank of Wichita, in instrument recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Parcel 4) 24 • • • B 1263 REC 02212709 05/03/90 16:27 y'150.00 26/030 F 0026 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO • 19. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to Mark P. Gregg, Ben H. Gregg, Jr. and Jane G. Wallower, dated December 22, 1950, and recorded January 5, 1951 in Book 1291, at page 62 of the Weld County Records, conveying an undivided 3/4 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 20. Oil and gas lease dated December 18, 1981 executed by Dave Baumgartner and Creta Baumgartner, as lessor, and Centennial Petroleum, Inc., as lessee, recorded January 6, 1982 in Book 958, under Reception Number 1879090, Weld County Records, for a primary term of Two (2) years, and as long thereafter as oil, gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 4) 21. Subject to the terms and conditions of an Agreement between Mary A. White and Edgar J. Elam, as evidenced by instrument recorded March 14, 1931 in Book 912, at page 62, Weld County Records. (Parcel 5) 22. Oil and gas lease dated August 22, 1978 executed by Merl E. Dunham aka Merle E. Dunham and Ruby L. Dunham, as lessor, and Energy Minerals Corporation, as lessee, recorded September 15, 1978 in Book 845, under Reception No. 1766675, Weld County j._-._ Records, for a primary term of Three (3) years, and as long thereafter as oil, gas, or other hydrocarbons or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 5) • • 23. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved by Merl E. Dunham and Ruby L. Dunham, in instrument recorded August 2, 19(. . in Book • 1590, at page 426, Weld County Records. (Parcel 5) 24. A condition contained in the United States Patent recorded September 15, 1927 in Book 677, at Page 190, weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in C'..nection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 5) 25. A Deed of Trust from White Mountain Ranch, a limited partnership organized and existing under the laws c: the State of • Nevada and registered and doing business in Colorado as Colorado 25 • • • • • ', B 1263 REC 02212709 05/03/90 16:27 &150.00 27/030 F 0027 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ^' • ' 4. .,Y 1? White Mountain Ranch, Ltd. and Eagle Peak Farms, Ltd., a Colorado i..; limited partnership, to Dave Baumgartner and Creta J. Baumgartner, dated April 6, 1990 end securing a promissory note in the principal amount of S430,000.00. • 26. A Financing Statement from White Mountain Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business ±'i Colorado as Colorado White Mountain Ranch, Ltd., and Eagle Peak /arms, Ltd, a Colorado limited partnership, to Dave Baumgartner and Creta J. Baumgartner, dated April 6, 1990 and securing a promissory note in the principal amount of S430,000.00, and recorded with the Colorado Secretary of State and Weld County Clerk and Recorder. 27. Oral farm leases with William H. Bell and Earl A. Baumgartner pertaining to all or a portion of the property and only for the year 1990. Grantor waives any claim or right to any crops or rental payments or any other claim associated with said farm leases. The following gc'4eral notices of underground facilities have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company, recorded October 4 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 es Reception No. 1979784. d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. • 4. Western A. Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL G.: The Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. E Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in f_ conjunction with the Property, any and all growing crops, trees, . and shrubbery; and Together with all water and water rights, ditchss and ditch rights, reservoirs and reservoir rights, springs and spring 26 • is B 1263 RZC 02212709 05/03/90 16:27 4150.00 28/030 F 0028 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: the water rights represented by Final Permit No. 31595-FP (formerly Permit No. 11587-R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specificall' including the irrigation well and easement and right-of way' on, across and under the Southwest Quarter (SW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved unto John W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587 (now Final Permit No. 31595-FP). together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NWI/4) of Section 9, Township I North, Range 63 West o£ the 6th P.M., and is further set forth in said Warranty Deed; and including all headgatns, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and specifically including: A 12' by 48' house trailer (mobile home), 1963 Nashua, Vehicle Identification No. UTW21K6565; and Together with all minerals of whatever kinj or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. The property is subject to the following restrictions and limitations: 27 • • • B 1263 REC 02212709 05/03/90 16:27 S150.00 29/030 F 0029 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO 1. Any interest which may have been acquired by the public in the North and West 30 feet of subject ,. �., property by reason of resolution of Perd of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. 2. Right of way and easement for "Enlargement of The D.A. Ford Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and NE1/4 of NW1/4, 9-1-63 • (with other lands). 3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress end egress and regress to prospect for, mine and C remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington E. Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North, Range 63 west of the 6th P.M., and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the W1/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. - 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property: 28 • S B 1263 REC 02212709 05/03/90 16:27 4150.00 30/030 '1 F 0030 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the N1/2, Section 9, Township 1 North, Range 63 Nest of the 6th P.M. Each of the foregoing parcels are subject to 1990 taxes and special assessments. 29 • `` z A222925A9 At Y4 22 tl O X1 w iY 3}i y4A£et Hwy is his ri4 O £..: r < _ ! ea Is '4 S a I y W is C31 f'-f' sS3c O J I ( A A 4 h Vt W Y 9 € a 4 H J y n,t_, . Z ti 4y fi 'esw } 42. a " 4v -. 4 a 'M d 3 1 y S w W h y 4 : -"Al. O e FaYd� v } 8w e- p p I. °s d Se„ a - 2 Z e" " " �^ ° any` C �s t Iw a e.. d i f £ I ;..a 3 t' 3 y � 2Fa Z TL Y - �'qt4.r1 . aA. y i �r 24 ro 44£a ;LA,: , a ii 3 t z ¢ Imo!.. v 9 h £ 2 dg I I V 4 £ g _ E— Its SSA h .� e� xa;fs I £8 ¢3tl £ 8g 2 i £ 9 '_ 0_ F .aa is. 4. .i a xiaiff ' a i 0, 2�e "a' ;h m ae C . t° y w-y 19 : , g" 4 s 6..'4".2.:,.,,,-4 H Pd f4'4 4 4 3 $..&r"a 4 r s s £ C 2 ± s `s ThLsi ,I _ ei i[ s : W _ :S ¢a E e°y y }. — fcd a4 S ze r = , Si x s r — _ ;y 4 022 2_2B w 1 02 U Ii i§4 q 4 i�r CC r' i q .. _ 8 ri_S 4 cs 2i S f4�Y1. _ }°gi r er sesa — -we - "62 a O A I a " t I {`z ,i >2. y _ ygi2'0'' 2292 22 All € 5.' 5 s 4 222 �. t" - - i - 4� 2622£ 44ji r �hhi 12525 4 ,a _ i'•s x z , ris '1' iii wr 3 3exlr „. { 7 is a s - .si.i II e / ,,�. 2 �.� / - . a -._ 1,- I < / ' O 92 ARAA5002 AAA' y S N 1:I II„ 1,l- z Ilk a ;. I' w -Fr 1= a N � Q �o�eJ W J O Z 95 A02 1 0@49 ; 8 954 zoo i i s9 0b06 A1Nnn;' 0,3M L_ . I • • 2476443 B-1532 P-316 02/14/96 03:37P PG 1. OF 29 REC DOC Weld County CO Clerk & Recorder 146.00 auza7a4o3 SPECIAL WARRANTY DEED • THIS DEED, Made this 13th day of February, 1996, between Fag e Peak Farms, Ltd., a Colorado limited partnership, "grantor" and Prospect Valley Farms, Ltd., a Colorado limited partnership, whose legal address is 1942 Broadway,Suite 506, Boulder, Colorado 80302, County of Boulder, State of Colorado, "grantee": WITNESSETH, That the grantor, for the sum of less than Five Hundred Dollars ($500.00) and other good and valuable consideration, 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 grantees, the grantees' heirs and assigns forever,all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: The Property described on the attached Exhibit A which is incorporated by this reference. 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 grantees, the grantees' heirs and assigns forever. And the grantor, for the grantor, the grantor's successors and assigns, does covenant and agree that grantor shall WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, the grantees' heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. • IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Eagle Peak Farms, Ltd., a Cologado limited partnership By: '. 1 al,,u„\,li^t`r � ' Wa1 ven K\etellapper, General Partner 1 • SKLD LG SKL10422 WE 2476443-1996 . 001 2476443 8-1532 P-316 02/14/96 03:37P PG 2 OF 29 STATE OF COLORADO ) ) ss. • COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 13th day of February, 1996, by Fagle Peak Farms, Ltd.,a Colorado limited partnership,by Walraven Ketejlapper, as general partner. Witness my hand and official seal. i My commission expires: V, 1/7- is Notary b rc /-A.hy'�,�oc• • 2 Milli IIVl6 i , I P f I,- SKLD LG SKL10422 WE 2476443 - 1996 . 002 2476443 B-1532 P-316 02/14/96 03:37P PG 3 OF 29 EXHIBIT A TO THE SPECIAL WARRANTY DEED FROM EAGLE PEAK FARMS, LTD., A COLORADO • LIMITED PARTNERSHIP TO PROSPECT VALLEY FARMS, LTD., A COLORADO LIMITED PARTNERSHIP The property included within the Special Warranty Deed shall include the following described land, water rights, easements, rights-of-way and other interests in land, buildings, and other structures,but subject to the following described limitations and restrictions on the land and water rights: PARCEL C. Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights-of-way,or other rights of access used in conjunction with the Property, ant and all growing crops, trees, shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under,appurtenant to, or used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236-R, also referred to as Final Permit No. 31519-FP, Well Permit No. 235-R, also referred to as Final Permit No. 31518-FP, Well Permit No. 237-R, also referred to as Final Permit No. • 31520-FP, Well Permit No. 13205, and Well Permit No. 69377, and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes,diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (A) the pipeline for irrigation water as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 3 IT1dlh➢IIIl ridgy',, ,I I -- ITT • SKLD LG SKL10422 WE 2476443 - 1996 . 003 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 4 OF 29 1057, Reception No.01997476, in the offices of the Weld County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, • and March 5, 1970 in Book 621 as Reception No. 1543408, and any applicable amendments; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years,dated October 25, 1980,and recorded October 30, 1980 in Book 918 as Reception No. 1840202,and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 3842-106, C.R.S., by Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil and Gas Lease dated November 21, 1980 and signed by William C. Busch and Sally R.Busch and Robert 1. Busch and Rubi L. Busch, and the Extension of Oil and Gas I nse dated February 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas and minerals underlying the E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a deed recorded in Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk and Recorder. The Property is subject to the foregoing and the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) • 2. Reservations of(1)right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects NE1/4 Section 30) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 4. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles,cross arms,cables, wires,guys, supports, fixtures 4 6�1�Ilil'AILVII ; ..1 '� I I Ili • SKLD LG SKL10422 WE 2476443 - 1996 . 004 • • 2476443 8-153 P-316 02/14/96 03:37P PG 5 OF 29 and devices,as granted to the United States of America by Allen G. Abbott, in the instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the • following described property: Beginning at a point on the West line of said NE1/4, Section 30, being 1421 feet South of the North quarter-corner of said Section 30; thence S89°57'E a distance of 2717.3 feet, more or less, to a point on the East line of said NE1/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described centerline. 5. Easement and right of way for the delivery of water,as granted to William H. Bell and Carol C. Bell by Eagle Peak Farms, Ltd., a Colorado limited partnership, recorded June 23, 1995 in Book 1498 as Reception No. 2443834, affecting the following described property: West 30 feet of the E1/2 of Section 30. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300. PARCEL D. • Parcel 1: All that part of Section 27, Township 1 North, Range 63 West of the 6th P.M., Weld County,Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation District by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27, running thence East along the North line of said Section for a distance of 820 feet,thence South 1060 feet, thence West 820 feet, thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. 5 . . . fInIIIOIlICI l II 1 ..___l I I I I • SKLD LG SKL10422 WE 2476443-1996 . 005 2476443 B-1532 P-316 02/14/96 03:37P PG 6 OF 29 Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, all other homes and • buildings, mobile homes, barns, fences, any and all easements,rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, tees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: The water rights represented by Well Permit No. 12123-FP(former Permit No. 12123-R),Well Permit No. 12124-FP(former Permit No. 12124-R), the Carder- Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 15, 1953 in Book 1352 at Page 249(Affects Section 27); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way accnriated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes,diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and • Together with all minerals of whatever kind or character owned by the grantor, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands now owned or hereafter acquired; and Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder and Vester Carder and W. H. Bright and John D. Bright, as recorded on January 20, 1940 in Book 1056 at Page 119. The Property is subject to the following restrictions and limitations: 6 ui��ruJI; I1Lii , I f I• SKLD LG SKL10422 WE 2476443 -1996 . 006 • • 2476443 0-1532 P-316 02/14/96 03:37P PG 7 OF 29 1. Rights of way for County Roads thirty (30)feet wide on each side of Section and • Township lines,as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Reservations by the Union Pacific Land Company of(1) all oil, coal and other minerals underlying subject property, (2)the exclusive right to prospect for, mine and remove oil,coal and other minerals,and(3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. 3. Easement and right of way for construction, use and maintenance of an irrigation ditch,and ingress and egress and regress, from ditch and pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrument recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Page 249,of said deeds,in which the specific location of the easement is not defined. 4. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 5. Easement and right of way to construct, operate and maintain an electric transmission line, as granted to the United States of America by Vester Carder and Lucile Carder, Keenesburg, Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437, affecting the following described property: The South half of the Northwest quarter, and that part of the Northeast quarter lying North and West of Prospect Lateral, Section 27, Township 1 North, Range 63 West of the 6th P.M. The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said S1/2 NWl/4, Section 27, being 1463 feet South of the Northwest corner of said Section 27; thence South 89°54' East a distance of • 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69°39' West 4226 feet. Said easement being 37.5 feet on either side of the centerline. 6. The property is also subject to the following easements, the precise location of which is not specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; 7 FJlI1IIi1IIIiifl J I II • SKLD LO SKL10422 WE 2476443-1996 . 007 2476443 B-1532 P-316 02/14/96 03:37P PG 8 OF 29 (d) Public Service Company of Colorado,recorded November 9, 1981 in Book 952 as Reception No. 1874084; • (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757; and (f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. 7. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as Reception No. 02398575. 8. Terms,agreements, provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded August 1, 1994 in Book 1453 as Reception No. 2400222. 9. Right of way, whether in fee or easement only, for a pipeline and appurtenances, as granted to Amoco Pipeline company, a Maine Corporation by Eagle Peak Farms,Ltd., a Colorado Limited Partnership,recorded December 8, 1995 in book 1521 as Reception No. 2466831, as more particularly described in said instrument. PARCEL F. Parcel 1: All of the North Half(Nl/2)of Section 23, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. EXCEPTING therefrom a parcel of land as conveyed to Weld County by Deed recorded June 27, 1922 in Book 622 at Page 443; ALSO EXCEPTING therefrom a parcel of land as conveyed to the State Department of • Highways, Division of Highways, State of Colorado by deed recorded August 30, 1990 in Book 1274 as Reception No. 02225396 and Corrective Deed recorded December 26, 1990 in Book 1285 as Reception No. 02236724. Parcel 2: The North 16-1/2 feet of the Southeast Quarter (SE1/4) of Section 22, Township I North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and B i 411 !. . _ _-1"_._ I __ __.,�_-7- I .. .. __. • SKLD LO SKL10422 WE 2476443-1996 . 008 2476443 B-1532 P-316 02/14/96 03:37P PG 9 OF 29 Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and s ring rights, wells and well rights, both tributary and non-tributary and designated • and non-desi natal, on, under, appurtenant to, or used on the land herein described, including but not limi to the following: The ater rights represented by irrigation well Permit No. 31526-FP (former Perm t No. 4477-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4477, in the District Court for Weld County, Colo do, Civil Action No. 16704, No. 382 by the Findings and Decree dated March 26, 1971,and by irrigation well Permit No. 31527-FP(former Permit No. 447842), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4478, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382, by the Findings and Decree dated March 26, 1971, and by small capacity well Permit No. 76464; All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property, and specifically including without limitation: The License for an eight-inch(8")aluminum irrigation pipe across the county road existing between Sections 22 and 23,Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (SEI/4) of said Section 22 to the Southwest Corner of the Northwest Quarter(NW 1/4)of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonard Baumgartner,and as conveyed to Dave and Creta J. Baumgartner by the Warranty • Deed in Joint Tenancy recorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is stated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and including without limitation, all well pumps, motors and irrigation equipment; 9 m�oa(®i21t11, iH 1 I-11] • SKLD LG SKL10422 WE 2476443-1996 . 009 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 10 O£ 29 Together wi all minerals of whatever kind or character, including but not limited to, all oil and • gas and cons ents thereof, gravel, sand and rural, in, under and upon or that might be produced from the de ribed lands, now owned or hereafter acquired. The p operty is subject to the following limitations and restrictions: I. Mineral Deed and Royalty Conveyance from Ben H. Bregg and Artie P. Gregg to Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904, Weld County Records, conveying an undivided 2/12 interest in and to all of the oil,gas,and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 2. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg recorded April 28, 1966 in Book 566, under Reception No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 3. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Book 664, under Reception Number 1586146,Weld County Records,conveying all interest in and to all of the oil, gas (gas, casinghead gas, distillate, condensate, helium and all other gaseous substances) & associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest being reconveyed to Union Pacific Land Resources Corporation in Quit Claim Deed recorded on June 6, 1977 in Book 799 under Reception No. 1720995, Weld County Records. (Parcel 1) 4. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Weld County Records. (Parcel 1) • 5. Oil and gas leacr executed by Champlin Petroleum Company, as lessor, and Amoco Production Company, as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594, Weld County Records. (Parcel 1) 6. Quit Claim of Right of Way and Surface Lease granted to Snyder Operating Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Parcel 1) Estoppel of Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No. 221215. 10 I ■�IIIIlll III fll I, l I I If l • SKLD LG SKL10422 WE 2476443-1996 . 010 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 11 OF 29 7. Right of Way for county roads 30 feet wide 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, Weld County Records. 8. A Condition contained in the United States Patent recorded July 3, 1902 in Book 201,at Page 60, Weld County Records, which states as follows: "Yet excluding and excepting from the transfer,by these presents, 'All mineral Lands' should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the statute, 'shall not be construed to include coal and iron land'." (Parcel 1) 9. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: "EXCEPTING AND RESERVING: FIRST: MI coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and upon said land for coal and other minerals, therein or which may be supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction or method of operation of said railroad and to make any change in the form of construction or method of operation of said Railroad.' (Parcel 1) • 10. Deed for a 70 foot road on the West side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428, Weld County Records. Said strip of land conveyed in Deed to Weld County recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel 1) 11. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: 'Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a 11 Fri ff • SKLD LG SKL10422 WE 2476443-1996 . 011 2476443 B-1532 P-316 02/14/96 03:37P PG 12 OF 29 right of way therm)for ditches or canals constructed by the authority of the United • States." (Parcel 2) 12. Reservation of an undivided one-half of all oil, gas, and minerals underlying subject ptvpeity,as reserved by The Federal Land Bank of Wichita, in instrument recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Parcel 2) 13. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to Mark P. Gregg, Ben H. Gregg, Jr. and Jane G. Wallower, dated December 22, 1950, and ieunded January 5, 1951 in Book 1291, at page 62 of the Weld County Records,conveying an undivided 3/4 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 14. Oil and gas lease dated December l8, 1981 executed by Dave Baumgartner and Creta Baumgartner,as lessor, and Centennial Petroleum, Inc., as lessee, recorded January 6, 1982 in Book 958, under Reception Number 1879090, Weld County Records, for a primary term of Two(2) years, and as long thereafter as oil, gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 2) 15. Terms,agreements, provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded September 2, 1992 in Book 1349 as Reception No. 02302142. (Affects Parcel 1) 16. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Eagle Peak Farms, Ltd., and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677. • (Affects Parcel 1) 17. Easement and right of way for pipeline and other appurtenances, as granted to Snyder Oil Corporation by Eagle Peak Farms, Ltd., in the instrument recorded April 23, 1993 in Book 1380 as Reception No. 02330230, the location of which is shown in the map attached to said instrument. (Affects Parcel 1) 18. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as reception No. 02398575. (Affects Parcel 1) 12 ini•1 lY,lll 1111.111 I I I • SKLD LG SKL10422 WE 2476443 -1996 . 012 2476443 B-1532 P-316 02/14/96 03:37P PG 13 OF 29 19. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited • Partnership and Union Pacific Resources Company recorded July 25, 1994 in Book 1452 as Reception No. 02398961. (Affects Parcel 1) The following general notices of underground facilities have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado,recorded November 9, 1981 in Book 952 as Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL r• Lot B of Recorded Exemption No. 1477-09-2RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469, being a part of the NW 1/4 of Section 9, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; • and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: the water rights represented by Final Permit No. 31595-FP(formerly Permit No. 11587- R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. 13 II]Ii9dltGli ll lil l —'7 1 I SKLD LG SKL10422 WE 2476443 -1996 . 013 2476443 R-1532 P-316 02/14/96 03:37P PG 14 OF 29 Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the • Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and right-of way on, across and under the Southwest Quarter(SW1/4)of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved unto John W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-115878 (now Final Permit No. 31595-FP), together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well, the underground pipeline from said well, which supplies water from said well to the Northwest Quarter (NWl/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., subject to provisions set out in above mentioned Warranty Deed; and including all headgates, flumes,diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof,gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with the reservations and exceptions from the conveyance from Eagle Peak Farms, Ltd., a Colorado limited partnership, to William F. Kramer and Wanda P. Kramer by a Warranty Deed dated November 12, 1993, and recorded on November 15, 1993, as Book 1412, Reception No. 02359735, of the books and records of the Weld County Clerk and Recorder, pertaining to the following described land: Lot A of Recorded Exemption No. 1477-09-2RE1514,recorded October 18, 1993 in Book 1407 as Reception No. 02355469, being a part of the NWl/4 of Section 9,Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. The reservations and exceptions are more particularly described as follows: All water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to,or used on the following described land, which is hereinafter referred to as "the Property', which is described as the Northwest Quarter(NW l/4)of Section 9,Township I North, Range 63 West of the 6th P.M., except the land described as Lot A above, including but not limited to the following: 14 • SKLD LG SKL10422 WE 2476443- 1996 . 014 2476443 B-1532 P-316 02/14/96 03:37P PG 15 OF 29 The water rights represented by Final Permit No. 31595-FP(formerly Permit No. 11587- R)issued by the Colorado Ground Water Commission; and • All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the Property. Including any and all easements and rights-of-way associated with the water and water rights, including,but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property;and specifically including the irrigation well and easement and right-of way on, across and under the Southwest Quarter(SW l/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved unto John W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587(now Final Permit No. 31595- FP), together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter(NW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., and is further set forth in said Warranty Deed;and including all headgates, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the Property, and specifically including all well pumps and irrigation equipment. Grantor further reserves and excepts from this conveyance a right-of-way and easement on and across the land conveyed by this Deed for ingress and egress to the Property. The land conveyed by this Deed may be traversed with vehicles of any type or description for the use and benefit of the Property. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Right of way and easement for "Enlargement of The D.A. Ford Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NWl/4 and NEl/4 of NWI/4, Section 9, Township 1 North, Range 63 West of the 6th P.M. (with other lands). 15 • SKLD LG SKL10422 WE 2476443-1996 . 015 2476443 8-1532 P-316 02/14/96 03:37P PG 16 OF 29 3. Reservations by the Union Pacific Railroad Company of(1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine • and remove oil,coal and other minerals,and(3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington&Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the El/2 of the W1/2 of Section 9, Township 1 North, Range 63 West of the 6th P.M., and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the Wl/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cpacr to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin,in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property: A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the N1/2, Section 9, Township I North, Range 63 West of the 6th P.M. 6. Terms, agreements,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms,Ltd., and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. • 02288934. 7. A 30 feet wide access, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. PARCEL Ht The West One-Half(W1/2)of Section 35, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado. 16 • SKLD LG SKL10422 WE 2476443-1996 . 016 2476443 B-1532 P-316 02/14/96 03:37P PG 17 OF 29 Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all • easements,rights-of-way,or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights,both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit Nos. 1771-FP (formerly 1771-R), 1772-FP(formerly 1772-R), 1773-FP(formerly 1773-R)and 1774-FP(formerly 1774-R); and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; Together with all minerals of whatever kind or character, now owned or hereafter acquired, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, • under and upon or that might be produced from the described lands. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded September 12, 1916 in Book 385 at page 185. 17 ®DI011f�Ili h . I J I (! • SKLD LG SKL10422 WE 2476443-1996 . 017 2476443 B-1532 P-316 02/14/96 03:37P PG 18 OF 29 3. Easement and right of way for an electric transmission line and other appurtenances, granted to the United States of America by The Weicker Investment • Company, a Colorado Corporation by instrument recorded December 6, 1944 in Book 1145 at Page 353, in which the specific location of the easement is not defined. (Affects the NW1/4 NW1/4 of Section 35) 4. Easement and right of way for a right of way 60 feet in width located in the SW1/4SW1/4 Section 35,Township 2 North,Range 63 West, granted to Phillips Petroleum Company by Weicker Investment Company by instrument recorded March 24, 1975 in Book 735 as Reception No. 1656542, in which the specific location of the easement is not defined. (Affects the SW1/4 SW I/4 of Section 35) 5. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. PARCH.T. Parcel 1: The N1/2 of the NE1/4 and the SWl/4 of the NE1/4 of Section 32, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPT the East 15 feet of the SW1/4 of the NE1/4 thereof. Parcel 2: The SI/2 of Section 33, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado Parcel 3: The NE1/4, the W1/2 of the SEl/4 and the SE1/4 of the NW1/4 of Section 4, Township I North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPTING THEREFROM a parcel of land conveyed by deed recorded • September 2, 1948 in Book 1233 at Page 516, described as follows: BEGINNING at a point 47.6 feet East and 30 feet South of the Northwest Corner of said NE1/4 of said Section 4, said point being the intersection of South boundary line of County Road and East right of way line of the Chicago, Burlington&Quincy Railroad; thence N88°54'E on said South boundary line of said County Road, 110.02 feet to a point; thence South parallel with said East right of way line of said Railroad, 1121.7 feet to a point; thence S51°55'W, 139.75 feet to a point on said East right of way line of said Railroad; thence North on said East right of way line of said Railroad 1210.0 feet to the POINT OF BEGINNING. 18 �11P1�1�ti Hi V I • SKLD LG SKL10422 WE 2476443 -1996 . 018 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 19 OF 29 EXCEPTING THEREFROM parcels of land as conveyed by deeds recorded in Book 779 at Pages 231, 246 and 389. • And specifically including, but not limited to, a parcel of land located in the Northeast Quarter (NEl/4) of the Northeast Quarter(NE1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., which parcel is more particularly described as follows: A 10 foot by 10 foot tract of which the Northeast corner thereof lies 206 feet South and 54 feet West of the Northeast corner of Section 4,Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with the easement and right of way associated with said parcel, all of which is set forth in the Fasrment recorded March 22, 1984 in Book 1024, Reception No. 1960174 with the Clerk and Recorder of Weld County. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, specifically including, but not limited to, all right and interest in the Agreement dated June 7, 1951 between Frank A. Neill and Rispah A. Neill, Clarence O. Byrnes and Annie Faye Byrnes, and H. E. Crow, recorded August 13, 1951 in Book 1309, Page 220, Reception No. 1112303 with the Clerk and Recorder of Weld County, and the Agreement dated June 7, 1951 between Clarence O. Byrnes and Annie Faye Bymes,and H. E. Crow, recorded August 13, 1951 in Book 1309, Page 224, Reception No. 1112304 with the Clerk and Recorder of Weld County; and any and all growing crops, trees, and shrubbery; and Together with all water and water rights,ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or presently used on the land herein described, including but not limited to the following: • The water rights represented by Final Permit No. 31654-FP, formerly Well Permit No. 16248-R; the water rights represented by Final Permit No. 31653-FP, formerly Well Permit No. 16247-R; the water rights represented by Final Permit No. 31652-FP, formerly Well Permit No. 16246-R; the water rights represented by Final Permit No. 31612-FP, formerly Well Permit No, 12315-R; the water rights represented by Final Permit No. 31536-FP, formerly Well Permit No. 4548- R; the water rights represented by Final Permit No. 1730FP, formerly Well Permit No. R-1730; the water rights represented by Final Permit No. 1731FP, formerly Well Permit No. R-1731; The water rights represented by the small capacity, domestic wells designated by Permit Nos. 17940,2598 and 22455, and the additional, small capacity, domestic 19 IUIlml®lllfii.TL A I 1 III • SKLD LG SKL10422 WE 2476443 -1996 . 019 • • 2476443 8-1532 P-316 02/14/96 03:37P PG 20 OP 29 well located on the Parcel 2 described above, and the additional, small capacity, domestic well located on the Parcel 3 described above; and • All interest in the Hearylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including,but not limited to,an easement approximately twenty (20) feet in width for a pipeline and ditch from the well designated by Final Permit No. 31612-FP(formerly Permit No. 12315-R),which is located in the Northwest Quarter(NW I/4)of the Southeast Quarter (SE1/4) of Section 33,Township 2 North, Range 63 West of the 6th P.M. to the North Half(N1/2)of the Northeast Quarter(NE1/4) and Southwest Quarter(SWI/4)of the Northeast Quarter (NEI/4) of Section 32,Township 2 North,Range 63 West of the 6th P.M., which easement is approximately described as follows: Beginning at a point near the Northwest corner of the Southwest Quarter(SW 1/4) of Section 33,Township 2 North, Range 63 West of the 6th P.M., then West into the Northeast Quarter (NEI/4) of the Southeast Quarter (SEI/4) of Section 32, Township 2 North,Range 63 West of the 6th P.M., then North into the Southeast Quarter (SEI/4) of the Northeast Quarter (NEl/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M., and parallel to the East section line of said Section 32 and West of Weld County Road 65, to a point near the East quarter corner of the Northeast Quarter(NE1/4)of said Section 32, which point is located on the East-West centerline of the Northeast Quarter (NE1/4)of said Section 32. The approximate location of the easement is marked as "A" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; • And also specifically including, but not limited to, two easements approximately twenty (20)feet in width for a pipeline and ditch from the well designated by Final Permit No. 31654-FP (formerly Permit No. 16248-R), which is located in the Northeast Quarter (NE1/4) of the Northeast Quarter(NEl/4)of Section 4, Township 1 North, Range 63 West of the 6th P.M., to the South Half(S1/2)of Section 33,Township 2 North, Range 63 West of the 6th P.M.; and one easement is approximately described as follows: The easement is across Weld County Road 14 and located at a point beginning West approximately 300 feet from the Northeast corner of the Northeast Quarter (NEl/4)of Section 4,Township 1 North, Range 63 West of the 6th P.M., thence approximately 100 feet North. The approximate location of the easement is marked as "B" on Exhibit B to a General Warranty Deed recorded on March 23. 1990 at Book 1259, Reception No. 02208805; 20 Vi■9l®IiN III T IF • SKLD LG SKL10422 WE 2476443-1996 . 020 2476443 B-1532 P-316 02/14' • 03:37P PG 21 OF 29 and the other easement is approximately described as follows: • The easement crosses Weld County Road 67 and is located at a point beginning South approximately 300 feet from the Northeast corner of the Northeast Quarter (NE1/4)of Section 4,Township 1 North, Range 63 West of the 6th P.M., thence East approximately 100 feet into the Northwest Quarter (NW1/4) of Section 3, Township 1 North, Range 63 West of the 6th P.M., thence North approximately 250 feet, thence East approximately 200 feet, thence North approximately 300 feet into the Southwest Quarter(SW 1/4)of Section 34, Township 2 North, Range 63 West of the 6th P.M., thence Northwest approximately 400 feet, thence North approximately 1450 feet, thence Northwest approximately 100 feet across Weld County Road 67 to the South Half(S1/2)of Section 33, Township 2 North, Range 63 West of the 6th P.M. The approximate location of the easement is marked as "C" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; and including all headgates, flumes,diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired by the Grantor, subject to the restrictions and limitations hereinafter described. Any and all water and water rights assoriated with Final Permit Nos. 31572-FP(formerly • Permit No. 10046-R)and 31573-FP(formerly Permit No. 10047R), which wells are permitted under the name of Julius A. Pluss, located in the Northeast Quarter (NEl/4) of the Southwest Quarter(SWl/4)of Section 4,Township 1 North,Range 63 West of the 6th P.M., and permitted to irrigate land including part of the Northwest Quarter(NW1/4)of Section 4, Township 1 North, Range 63 West of the 6th P.M. The property is subject to the following restrictions and limitations: I. Rights of way for County Roads thirty (30) feet wide on each side of section and township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 21 L 1T- • SKLD LG SKL10422 WE 2476443-1996 . 021 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 22 OF 29 2. Reservations made by the Union Pacific Railway Company in deed recorded September 30, 1907 in Book 233 at Page 117, and any and all • assignments thereof or interests therein, providing substantially as follows: Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same. (Affects S1/2 of Section 33) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded June 25, 1915 in Book 385 at Page 115 (Affects SEI/4 NW1/4,NW1/4 SE1/4, SW 1/4 NE1/4 and Lot 4 of Section 4); recorded October 27, 1920 in Book 460 at Page 132 (Affects SE1/4 NW 1/4, Lot 3 of Section 4);' recorded November 24, 1928 in Book 677 at Page 209 (Affects N1/2 NE1/4 and SW1/4 NEl/4 Section 32);recorded December 5, 1919 in Book 507 at Page 467(Affects SW 1/4 SE1/4 Section 4) 4. Right of way for the Low Line Lateral as granted to the Henrylyn Irrigation District by Deed recorded November 23, 1926 in Book 814 at Page 157. (Affects S1/2 Section 33) 5. Terms,agreements, provisions, conditions and obligations as contained in Agreement by and between Frank A. Neill, Rispah A. Neill, Clarence O. Byrnes, Annie Faye Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 220. (Affects Wl/2 NE1/4 and NEI/4 NEI/4 Section 32) 6. Terms, agreements,provisions, conditions and obligations as contained in Agreement by and between Clarence O. Byrnes, Annie Fay Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 224. (Affects W1/2 NEl/4 and NE]/4 NE1/4 Section 32) 7. An undivided 'h interest in and to all of the oil, gas, coal and other minerals in and under and that may be produced from the above described land, together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said land for oil, gas, coal and other minerals and removing the same therefrom, as reserved by Clarence O. Byrnes and Annie Faye Byrnes in the Deed recorded November 28, 1951 in Book 1317 at Page 585, and any interests therein or rights thereunder. (Affects WI/2 NEl/4 and NE1/4 NE1/4, Section 32) 22 • SKLD LG SKL10422 WE 2476443 -1996 . 022 2476443 B-1532 P-316 02/14/96 03:37P PG 23 OF 29 8. An undivided 1/4 interest in and to the minerals of every kind and nature in and under said lands, subject to the rights of ingress and egress at all • times for the purpose of mining and removing the same therefrom as reserved by Ethel R. Bobbin in the Deed recorded January 4, 1952 in Book 1320 at Page 218, and any interest therein or rights thereunder. (Affects W1/2 NEI/4 and NE1/4 NEl/4 Section 32) 9. Seasonal Irrigation Well Power Contract, between H. W. Young and Morgan County Rural Electric Association, recorded February 16, 1955 in Book 1412 at Page 8 and in Book 1412 at Page 10. (Affects SE1/4 Section 33) 10. The Mineral Estate(including all oil and gas rights) and the right of ingress and egress therefrom and the right of removal therefrom, as reserved by Roberta Hawn in the Deed recorded January 2, 1968 in Book 589 as Reception No. 1511424, and any interests therein or rights thereunder. (Affects Wl/2 NE1/4 and the SWI/4 NW1/4, and WW1/4 SEI/4 and SW 1/4 SE1/4 Section 4) 11, An undivided r interest in and to all oil, gas and other minerals in and under the surface of said land, with the right of ingress and egress to prospect for and remove the same as reserved by Theodore Zimbelman and Esther A. Zimbelman in the Deed recorded November 6, 1969 in Book 617 as Reception No. 15339015, and any interest therein or rights thereunder. (Affects E1/2 NE1/4 Section 4) 12. Right of way to lay, maintain, inspect, replace, erect, operate and remove a pipe line or pipe lines as granted to Phillips Petroleum Company by instrument dated September 20, 1974, recorded October 8, 1974 in Book 724 as Reception No. 1646291. (Affects NE1/4 and W1/2 SE1/4 of • Section 4) 13. Right of Way easement 16.5 feet wide to construct, operate, maintain and remove communication and other facilities as granted to The Mountain States Telephone and Telegraph Company by instrument dated October 25, 1974, recorded November 11, 1974 in Book 726 as Reception No. 1648284, over and across the following described property: The South 16.5 feet of the North 46.5 feet of the N1/2 of the NE1/4 of Section 32,Township 2 North, Range 63 West of the 6th P.M., which strip is South of,parallel to,and abutting the South Right of Way line of County Road Number 16. 23 Ikh1IJ10IllI ill ..I I H_ • SKLD LG SKL10422 WE 2476443 -1996 . 023 • 2476443 B-1532 P-316 02/14/96 • 3:37P PG 24 OF 29 14. All of the coal,oil, gas, casinghead gas and all ores and minerals of every kind and nature underlying the surface of the realty herein conveyed, • together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on the surface of the realty herein conveyed, as reserved by Burlington Northern Inc., successor in interest to Chicago, Burlington & Quincy Railroad Company, in Deed recorded June 12, 1981 in Book 938 as Reception No. 1860423,and any and all assignments thereof or interests therein. (Affects the Easterly 'A of Burlington Northern Inc.'s 100-foot wide Tampa Beet Spur right of way, now removed, lying within the SE1/4 of Section 4,Township 1 North, Range 63 West of the 6th P.M.; also, all of the 100-foot wide right of way, being 50 feet wide on each side of the track center line of Burlington Northern Inc.'s Tampa Beet Spur right of way, now removed, lying within the Sl/2 of Section 33, Township 2 North, Range 63 West of the 6th P.M.) 15. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393564, and any interests therein or rights thereunder. (Affects Parcel 3) 16. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and]. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. (Affects Parcel 1) 17. General notices of underground facilities pursuant to Section 9-1.5-103, C.R.S. • (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (f)Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. 24 FI'nluIIH9 . 1 I 1T- • SKLD LG SKL10422 WE 2476443-1996 . 024 2476443 B-1532 P-316 02/14/96 03:37P PG 25 OF 29 ?ARCM 1,; • Parcel 1: The North Half(N1/2)of the Southwest 1/4(SW1/4)of Section 23,Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, excepting therefrom a parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half(N1/2) of the Southwest Quarter(SW 1/4)of Section 23, Township 1 North, Range 63 West of the 6th P.M.; and including a part of the Southeast Quarter(SE1/4)of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SEl/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the • North line of said Southeast Quarter(SE1/4); Thence North 89°38'54" West along said North line a distance of 1382.86 feet to the center of Section 23; Thence South 00°17'11" West along the West line of said Southeast Quarter (SEU4) a distance of 2640.48 feet to the South Quarter (S1/4)corner of said Section 23; Thence South 89°29'25" East along the South line of said Southeast Quarter (SE1/4) a distance of 102.00 feet to the True Point of Beginning; which parcel contains 61.242 acres more or less; Together with a non-exclusive common areess road easement, which may be used by persons and vehicles of any type and description and at any time for any purposes associated with the use of the foregoing property, and which is described 25 OILER 1,11 . I T T T-fT• SKLD LG SKL10422 WE 2476443-1996 . 025 2476443 B-1532 P-316 02/14/96 03:37P PG 26 OF 29 as that part of the Southeast Quarter (SE1/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, • described as: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter(5E114); Thence South 89°38'54" East along said North line a distance of 34.86 feet; Thence South 30°16'42" East a distance of 313.79 feet; Thence South 54°21'45" East a distance of 349.33 feet; Thence South 06'15'18" East a distance of 193.93 feet; Thence South 29°29'28" West a distance of 457.39 feet; Thence South 41°37'17" West a distance of 466.49 feet; Thence South 89°52'16" West a distance of 695.90 feet; Thence South 00°58'18" West a distance of 280.18 feet; Thence South 40°48'48" West a distance of 82.71 feet; • Thence South 55°13'29" West a distance of 354.95 feet; Thence South 38°58'24" West a distance of 287.47 feet; Thence South 00°00'26" West a distance of 448.53 feet to said South line of the Southeast Quarter(SE1l4); Thence North 89°29'25" West along said South line a distance of 30.00 feet to the True Point of Beginning. And subject to (I) the reservations and exceptions contained in a Deed recorded on September 19, 1908,in Book 233, Page 164; and(2)an easement and right of way on the South 30 feet thereof for Weld County Road 6; 26 DIIHN1](LL ;j[ I 7 _ I • SKLD LG SKL10422 WE 2476443-1996 . 026 • 2476443 B-1532 P-316 02/14/96 03:3W PG 27 OF 29 (3) Bowles Reservoir, and any and all rights of way therefore, as evidenced by Map and Statement filed January 6, 1913 as Filing No. 184082 (Affects Sl/2SE1/4 • of Parcel 1); (4) Scrafford Ditch, and any and all rights of way therefore, as evidenced by instrument filed in the office of Clerk and Recorder for Weld County (Affects NW1/4SE1/4, SI/2SE1/4, and NE1/4SWl/4 of Parcel 1); (5) Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement by and between Eagle Peak Farms, Ltd. and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677; (6) Terms, agreements, provisions, conditions and obligations as contained in Surface Damage Agreement between Eagle Peak Farms, Ltd. and Snyder Oil Corporation as evidenced by Memorandum recorded July 21, 1994 in Book 1451 as Reception No. 02398575. The parcel is also subject to an Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86, Page 273. All in Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery, and specifically including the following items. Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, • springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: All right to the water from the Henrylyn Irrigation District for the above property; and The water and water rights represented by the following Well Permits issued by the State Engineer and the Colorado Ground Water Commission: Final Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22, 1987, with a priority date of July 29, 1964; 27 iJ IIII1 1 hI d T I I ' • SKLD LG SKL10422 WE 2476443-1996 . 027 • 2476443 B-1532 P-316 02/14/96 • 03:37P PG 28 OF 29 Final Well Permit No. 31643FP, former Permit No. 14859R, issued on May 22, 1987, with a priority date of June 8, 1946; • Final Well Permit No. 14860FP, former Permit No. 14860R, issued on May 22, 1987, with a priority date of May 20, 1954; Well Permit No. 85443, accepted on August 16, 1976; and Well Permit No. 63418, issued on August 21, 1972; along with any other wells and water rights used to irrigate the above properties or for domestic purposes on the above properties, and-expressly including the water and water right associated with Final Well Permit No. 31542 to the extent the water and water right was used to irrigate the South One-half(S1/2)of Section 23, Township 1 North, Range 63 West of the 6th P.M. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes,diversion sttictures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; including the easement for a well,pipelines and other facilities, in the Northeast Quarter(NE1/4) of Section 27,Township 1 North,Range 63 West of the 6th P:M. pursuantto a deed recorded on June 12, 1972 in Book 669, Reception No. 1551374, which provides, in part, as follows: TOGETHER with Irrigation Well No. 5945-F registered with the State Engineer of the State of Colorado, located in the NE1/4 of Section 27, Township 1 North, Range 63 West, with a right to drill a new replacement well, if needed and if approved by State Engineer in NE1/4 of said Section 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for • conveying water from said well site to the above-demised land and to S1/2 SW1/4 1/4 of Section 23,Township 1 North, Range 63 West, TO GETHE.R with an easement for said pipelines one rod wide across said NE1/4 and across NW 1/4 Sec. 26 in said Township and Range; and including all rights to the foregoing easement as described in the Quit Claim Deed recorded on June 4, 1984 in Book 1032, Reception No. 01969206; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and 28 • SKLD LG SKL10422 WE 2476443-1996 . 028 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 29 OF 29 Together with all minerals of whatever kind or character, including but not limited to, all oil and • gas and constituents thereof,gravel,sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with all right, tide and interest in the foregoing property or adjacent property acquired by adverse possession,prescription, grant, gift or other claim, including, but not limited to all right, tide and interest in the following property: 1. A parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half(N1/2)of the Southwest Quarter(S W1/4) 1/4) of Section 23, Township 1 North, Range 63 West of the 6th P.M.; 2. A parcel of land in the Northwest Quarter(NW1/4)of Section 34, Township I North, Range 63 West of the 6th P.M., more particularly described as follows: Beginning at the Northwest corner of said Section 34, and considering the North line of said Section 34, as bearing North 89°51'58" East, with all other bearings contained herein relative thereto; Thence North 89° 51'58" East, along the North line of said Section 34, 980.88 feet to the True Point of Beginning, Thence continuing North 89°51'58" East, along the North line of said Section 34, 435.60 feet; Thence South 00°08'02" East, 100.00 feet; Thence South 89°51'58" West,435.60 feet; Thence North 0008'02" West, 100.00 feet to the True Point of Beginning. 3. A Permanent Pipeline Right-Of-Way Grant, recorded on January 22, 1981, in Book 926, Reception No. 1847661. • 4. A two-story white clapboard Ranch House situated on a portion of the South Half (S1/2)of the Southwest Quarter(SW1/4)of Section 23,Township 1 North, Range 63 West of the 6th P.M.; Exclusive of ground on which house is placed. 29 HZ I i- SKLD LG SKL10422 WE 2476443 -1996 . 029 1 1111111111111111 IIIIII�II liii 111111111111111 Iii lI11 • / g • 3200580 07/20/2004 05:01P Weld County, CD 1 of 7 R 36.00 D 61.85 Steve Moreno Clerk&Recorder Special Warranty Deed • 5 (Water) (Parcel G) This Deed, made this 11 day of July, 2004, between Prospect Valley Farms, Ltd., a Colorado limited partnership, as grantor("Grantor"), and PV Water Holdings LI.C, a Colorado limited liability company, whose legal address is 9145 East Kenyon Avenue, Suite 200, Denver, Colorado 80237, of the City and County of Denver, State of Colorado, as grantee ("Grantee"). Q� Witnesseth, that Grantor, for and in consideration of the sum of Ten Dollars ($10), the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: All water and water rights, whether adjudicated or not, which are related to or in any way appurtenant to the real property described on Exhibit A hereto ("Property"), including without limitations, all well and well rights, including but not limited to, Well Permit No. 31595FP (former Permit No. 11587R), as more particularly described on Exhibit C • attached hereto, all interest in the Henrylyn Irrigation District and water rights within said District; all water rights and rights to water in the Denver Basin Aquifers; all subterranean water and water rights; all surface water and water rights; spring and spring rights; all tributary and non-tributary water rights; designated and non-designated water rights; all reservoir and reservoir rights; ditches and ditch rights; all water and ditch company stock, water, and sewer tap agreements; any and all easements and rights-of- way for the carriage of water to the Property (as defined below) including, but not limited to, the irrigation well and easement and right-of-way on, across and under the Southwest Quarter (SW I/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved and excepted in Warranty Deed recorded December 13, 1979 in Book 890 at Reception No. 1811818 for the irrigation well designated by Well Permit No. 11587 (now Final Permit No. 31595FP), together with pennanent access for ingress and egress to said well on the existing East-West farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter(NW 1/4)of Section 9, Township 1 North, Range 63 West of the 6th P.M., and as further set forth in said Warranty Deed; discharge of water from the Property, and storage water off the Property; all utility agreements with any other developers or with any municipality or quasi-municipal special district, if any, which are owned by Grantor. INC ?s 7� • SKLD LG SKL10422 WE 3200580-2004 . 001 1 111111 11111 11111 II IIII ill ill 111111111111 1111 IIII • 3200580 07/201200 05:01P Weld County, CO 2 of 7 R 36.00 D 61.85 Steve Moreno Clerk& Recorder • Together with the reservations, easements and exceptions from the conveyance from Eagle eak Farms, Ltd., a Colorado limited partnership, to William F. Kramer and Wanda P. Krame by Warranty Deed dated November 12, 1993, and recorded on November 15, 1993, as Book 1 12, Reception No. 02359735,of the books and records of the Weld County Clerk and Record r. Together with all and singular the hereditaments and appurtenances thereto belonging, or in an ise appertaining, including, but not limited to, any and all fixtures, fences, and any all easeme ts, right-of-way, or other rights of access used in conjunction with the Property, if any, 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 Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, subject to those matters pertaining to the Property described on Exhibit B. To Have and to Hold the said premises above bargained and described with the appurtenances, unto Grantee, its successors or assigns, forever. Grantor, for itself, its successors or assigns,does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors or assigns, against all and every person or persons claiming the whole or any part thereof by, through or under Grantor. In Witness Whereof, Grantor has executed this Deed on the date set forth above. Prospect Valley Farms, Ltd., • a Color o limited partnership By: raven . etellapper, General Partner STATE OF COLORADO ) ss. CITY & COUNTY OF BOULDER The foregoing instrument was acknowledged before me this I J' day of July, 2004, by Walraven F. Ketellapper, General Partner of Prospect Valley Farms, Ltd., a Colorado limited partnership,on its behalf. n - Witness my hand and official seal. rQ\�(\TdE C/ftL� y commission expires: r j2lJ(J� `! \-0-o-0- , P G Notary Public 1' • 2 SKLD LG SKL10422 WE 3200580-2004 . 002 • 111111111111111 l 11111111 3200580 07/20 2004 05:01P Weld County, CO 3 of 7 R 36.0 0 61.85 Steve Moreno Clerk&Recorder Exhibit A • to Special Warranty, Deed (Water) (Parcel G) (Legal Description) LOT B, RECORDED EXEMPTION NO. I477-09-2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO 02355469, BEING A PART OF THE NORTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP I NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°53'08"E A DISTANCE OF 2642.79 FEET. MONUMENTED BY A 2"ALUMINUM CAP STAMPED "LS 25937"AT BOTH THE NORTH ONE-QUARTER CORNER AND AT THE CENTER ONE-QUARTER CORNER. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER ONE-QUARTER CORNER OF SAID SECTION 9; • THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, S89°04'48"W A DISTANCE OF 2599.08 FEET, TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 65; THENCE. ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, NW'02'59"W A DISTANCE OF 2604.12 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK 911 AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9,N89°06'32"E A DISTANCE OF 1776.07 FEET, TO THE NORTHEASTERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09- 2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO. 02355469, THE FOLLOWING TEN (10) COURSES: 1. 566°20'55"E A DISTANCE OF 235.88 FEET; • 3 SKLD LG SKL10422 WE 3200580-2004 . 003 11111111111 IIIII 11111111111 IIII I�IIIII ICI liii Fli �Hi • 3200580 07/20/20 4 05:01P Weld County, CO 4 of 7 R 36.00 61.65 Steve Moreno Clerk& Recorder • 2. S59°25'13"E A DISTANCE OF 99.94 FEET; 3. S55°12'57"E A DISTANCE OF 100.06 FEET; 4. Si I°00'05"E A DISTANCE OF 99.93 FEET; 5. 546°44'I 1"E A DISTANCE OF 100.13 FEET; 6. 542°36'22"E A DISTANCE OF 100.00 FEET; 7. S38°18'O4"E A DISTANCE OF 99.94 FEET; 8. 530°57'20"E A DISTANCE OF 199.90 FEET; 9. S54°49'34"E A DISTANCE OF 35.03 FEET; 10. N89°04'05"E A DISTANCE OF 45.07 FEET, TO THE EAST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE ALONG SAID EAST LINE, SOO°53'O8"E A DISTANCE OF 1912.82 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES. • NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION (§38-35-106.5, C.R.S.) J.R. ENGINEERING 6020 GREENWOOD PLAZA BLVD. ENGLEWOOD, CO 80] I 1 (303) 740-9393 • 4 SKLD LG SKL10422 WE 3200580-2004 . 004 iuu II 11111 I 111 3111 1111 1111 1111111 III 11113111111 3200580 0712 t20% 05:01P Weld Countyrk 5 0l 7 R 36. D 61.85 Steve Moreno Clerk 8 Recorder • Exhibit B to Special Warranty Deed (Water) (Parcel G) (Exceptions) I. All taxes and assessments for the year 2004 and subsequent years, a lien,not yet due and payable. 2. Right of way and easement for"Enlargement of The D.A. Lord Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as Filing No. 121990. Described as W l/2NWl/4 and NE1/4 of NW 1/4 of Section 9. 3. Reservations by the Union Pacific Railroad Company of(l) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and(3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. • 4. Right of way, whether in fee or easement only, for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, recorded July 9, 1925 in Book 779 at Page 233, affecting the following described property, as more particularly described in said instrument. 5. Right of way, whether in fee or easement only, for road purposes, as granted to Weld County, Colorado by Fred Durbin, recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property, as more particularly described in said instrument. 6. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Fanns, Ltd. and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. 02288934. 7. A 30 feet wide access, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. 8. Right of way, whether in fee or easement only, for a pipeline or pipelines and appurtenances, granted to Duke Energy Field Services, Inc. by Prospect Valley Fanns, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843054,in which the specific location of the easement is not defined. • 5 SKLD LG SKL10422 WE 3200580 -2004 . 005 1111111 11111 1111 3200580 07/20/2004 05:01P Weld County, CO 6 or 7 R 36.00 0 61.85 Steve Moreno Clerk& Recorder • 9. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded October 4, 1999 as Reception No. 2724468. 10. Terms, agreements,provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded November 27, 2000 as Reception No. 2809195. 11. Right of way, whether in fee or easement only, for a pipeline gate or gate-valves and appurtenances, granted to Duke Energy Field Services, Inc. by Prospect Valley Farms, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843053, in which the specific location of the easement is not defined. 12. Terms, agreements, provisions, conditions and obligations as contained in Agreement for Conveyance and Easement by and between Prospect Valley Farms, Ltd. and Weld County, Colorado recorded May 9, 2002 as Reception No. 2950276. 13. Terms, agreements, provisions, conditions, obligations and easement as contained in Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954634. 14. Right of way,whether in fee or easemenfonly, for the purpose of installation and maintenance of rip rap slope protection and drainage facilities, as granted to the County of Weld, a body corporate and politic of the State of Colorado by Prospect Valley Farms, • Ltd., recorded September 26, 2002 as Reception No. 2990534, affecting the following described property, as more particularly described in said instrument. 15. Any and all unrecorded leases and tenancies. 16. The following matters as set forth on ALTA/ACSM Land Title Survey prepared by J. R. Engineering, dated December 2, 2003, as revised December 29, 2003, January 9, 2004, June 24, 2004,June 28, 2004 and July 2, 2004 as Job Number 15006.00 to-wit: 1. Any loss or damage arising from the fact that the fence lines lie both inside and outside from the subject property and the adjoining property. 2. Any loss or damage arising from the fact that crop circles and other farming operations lie both inside and outside the boundary line of the subject property. • 6 SKLD LG SKL10422 WE 3200580-2004 . 006 • 1 11 1111 11111 IIII 1111111 1111 IIII III 111 11111 1111 1111 3200580 07/20/ 004 05:01P Weld County, CO 7 of 7 R 36.00 0 61.85 Steve Moreno Clerk& Recorder Exhibit C • to Special Warranty Deed (Water) (Parcel G) (Well Permit Information) PermitNo.: 31595FP Priority Date: 02/05/57 Permit Location: NE 1/4 of the SW 1/4 of Section 9, TIN, R63W of the 6th P.M. Maximum Annual Volume of Appropriation: 400.0 Acre Feet Maximum Pumping Rate: 1000.0 Gallons Per Minute Maximum Number of Acres Which May be Irrigated: 160.0 Description of Acres Irrigated: The NW 1/4 of Section 9, TIN, R63W of the 6th P.M. • Together with all interest in the water rights adjudication and the determinations, including, but not limited to, changes in type of use, place of use and otherwise as modified, in the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on May 10, 2004 in Case No. 98CV 1727, and recorded on June 22, 2004 as Reception No. 20040622000516130 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No, 3191505 of the books and records of the Weld County Clerk and Recorder; and by the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on June I, 2004 in Case No. 99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder. • 7 SKLD LG SKL10422 WE 3200580-2004 . 007 • • D 11111111111111111111111111111111 1111111II111111IIIIilll 3200582 07/20/2004 05:02P Weld County, CO 1 el 6 R 31.00 D 4.50 Steve Moreno Clerk 8 Recorder Warranty Deed • (Parcel G) c5j Ate- This Deed, made this 1 naday of July, 2004,between Prospect Valley Farms, Ltd., a Colorado limited partnership, as grantor("Grantor"), and PV Water Holdings LLC, a Colorado limited liability company, whose legal address is 9145 East Kenyon Avenue, Suite 200, Denver, Colorado 80237,of the City and County of Denver, State of Colorado,as grantee("Grantee"). Witnesseth, that Grantor, for and in consideration of the sum of Forty-Five Thousand Thirty Dollars ($45,030) and other good and valuable consideration,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 Grantee, its successors and assigns forever, all the real property,together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado,described as follows: See Exhibit A attached hereto and incorporated herein. Together with all and singular the hereditaments and appurtenances thereunto 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 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, its successors and assigns, forever. Grantor, for itself, its successors and assigns, does covenant, grant.bargain and agree to and with Grantee,its successors and assigns,that at the time of the cnsealing and delivery of these presents, it is well seized 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 aforesaid,and that the same are free and clear from all former and other grants,bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature whatsoever, except for and subject to those matters as set forth on Exhibit B attached hereto and incorporated herein. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof TNG a 7 3 • SKLD LG SKL10422 WE 3200582 -2004 . 001 111111111111111111 111111111111 1111 • 3200582 07/20/200 05:02P Weld County, CO 2 of 6 R 31.00 D 4.50 Steve Moreno Clerk& Recorder In Witness Whereof,Grantor has executed this Deed on the date set forth above. • Prospect Valley Farms, Ltd., a Colorado limited partnership By: Walra . etellapper,General Partner STAT OF COLORADO ) ) ss. CITY tz COUNTY OF BOULDER The foregoing instrument was acknowledged before me this 15 day of July, 2004, by Walraven F. Ketellapper, General Partner of Prospect Valley Farms, Ltd., a Colorado limited partnership, on its behalf. Witness my hand and official seal. ,,„,.r: My commission expires: 9, 2I!7CJ,2 Q ',9S\NE , a 1� C /� J ',�J TA/2)- VI l eJ4 Notary Public e cF co' c • 2 SKLD LG SKL10422 WE 3200582 -2004 . 002 1 111111 11111 1111111111111111111111111 111 3200582 07/2 2004 05:02P Weld County, CO 3 of 6 R 31. 0 D 4.50 Steve Moreno Clerk& Recorder • Exhibit A to Warranty Deed (Parcel G) (Legal Description) LOT B, RECORDED EXEMPTION NO. 1477-09-2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO 02355469, BEING A PART OF THE NORTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP I NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°53'08"E A DISTANCE OF 2642.79 FEET. MONUMENTED BY A 2"ALUMINUM CAP STAMPED "LS 25937"AT BOTH THE NORTH ONE-QUARTER CORNER AND AT THE CENTER ONE-QUARTER CORNER. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER ONE-QUARTER CORNER OF SAID SECTION 9; • THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, S89°04'48"W A DISTANCE OF 2599.08 FEET, TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 65; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE. OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, N0I°02'59"W A DISTANCE OF 2604.12 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK 91 I AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, N89°06'32"E A DISTANCE OF 1776.07 FEET, TO THE NORTHEASTERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09- 2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO. 02355469, THE FOLLOWING TEN (10) COURSES: I. S66°20'55"E A DISTANCE OF 235.88 FEET; • 3 SKLD LC SKL10422 WE 3200582-2004 . 003 IIIHI INII 11111 VIIIII IIII IIII 1111111 III IIIII IIII IIII 3200582 07/20/2004 05:02P Weld County, CO 4 of 6 R 31.00 D 4.50 Steve Moreno Clerk S Recorder • 2. 559°25'13"E A DISTANCE OF 99.94 FEET; 3. S55°1 2'57"E A DISTANCE OF 100.06 FEET; 4. S51°00'05"E A DISTANCE OF 99.93 FEET; 5. S46°44'11"E A DISTANCE OF 100.13 FEET; 6. S42°36'22"E A DISTANCE OF 100.00 FEET; 7. S38°18'04"E A DISTANCE OF 99.94 FEET; 8. S3O°57'2O"E A DISTANCE OF 199.90 FEET; 9. 554°49'34"E A DISTANCE OF 35.03 FEET; 10. N89°04'05"E A DISTANCE OF 45.07 FEET,TO THE EAST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE ALONG SAID EAST LINE, S00°53'08"E A DISTANCE OF 1912.82 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES. • NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION (§38-35-106.5, C.R.S.) J.R. ENGINEERING 6020 GREENWOOD PLAZA BLVD. ENGLEWOOD, CO 80111 (303) 740-9393 • 4 SKIL) LG SKL10422 WE 3200582 -2004 . 004 11111111111 111111111 • 12005 2 III VIII III 06:02P Weld County, CO 5 of 6 R 31.00 0 4.50 Steve Moreno Clerk&Recorder Exhibit B to Warranty Deed (Parcel G) (Exceptions) 1. All taxes and assessments for the year 2004 and subsequent years, a lien, not yet due and payable. 2. Right of way and easement for "Enlargement of The D.A. Lord Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as Filing No. 121990. Described as W 1/2N W l/4 and NE 1/4/4 of NW 1/4/4 of Section 9. 3. Reservations by the Union Pacific Railroad Company of(l)all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3)the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Right of way, whether in fee or easement only, for railroad purposes, as granted to The • Chicago, Burlington& Quincy Railroad Company by Charles B. Christy,recorded July 9, 1925 in Book 779 at Page 233, affecting the following described property, as more particularly described in said instrument. 5. Right of way, whether in fee or easement only, for road purposes, as granted to Weld County, Colorado by Fred Durbin, recorded March 25, 1931 in Book 911 at Page 64, affecting the tollowing described property, as more particularly described in said instrument. 6. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd. and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. 02288934. 7. A 30 feet wide access, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE 1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. 8. Right of way, whether in fee or easement only, for a pipeline or pipelines and appurtenances,granted to Duke Energy Field Services, Inc. by Prospect Valley Farms, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843054, in which the specific location of the easement is not defined. • 5 SKLD LO SKL10422 WE 3200582-2004 . 005 111111111111111111111111 1111 IlllIIII111111111liii • 3200582 07/20/2004 05:02P Weld County, CO 6 of 6 R 31.00 D 4.50 Steve Moreno Clerk b Recorder 9. Terms, agreements,provisions, conditions and obligations as contained in Surface • Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded October 4, 1999 as Reception No. 2724468. 10. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded November 27, 2000 as Reception No. 2809195. 11. Right of way, whether in fee or easement only, for a pipeline gate or gate-valves and appurtenances, granted to Duke Energy Field Services, Inc. by Prospect Valley Farms, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843053, in which the specific location of the casement is not detined. 12. Terms, agreements, provisions, conditions and obligations as contained in Agreement for Conveyance and Easement by and between Prospect Valley Farms, Ltd. and Weld County, Colorado recorded May 9, 2002 as Reception No. 2950276. 13. Terms, agreements, provisions, conditions, obligations and easement as contained in Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954634. 14. Right of way, whether in fee or easement only, for the purpose of installation and maintenance of rip rap slope protection and drainage facilities, as granted to the County of Weld, a body corporate and politic of the State of Colorado by Prospect Valley Farms, • Ltd.,recorded September 26, 2002 as Reception No. 2990534, affecting the following described property, as more particularly described in said instrument. 15. Any and all unrecorded leases and tenancies. 16. The following matters as set forth on ALTA/ACSM Land Title Survey prepared by J. R. Engineering, dated December 2, 2003, us revised December 29, 2003,January 9,2004, June 24, 2004, June 28, 2004 and July 2, 2004 as Job Number 15006.00 to-wit: 1. Any loss or damage arising from the fact that the fence lines lie both inside and outside from the subject property and the adjoining property. 2. Any loss or damage arising from the fact that crop circles and other fanning operations lie both inside and outside the boundary line of the subject property. • 6 SKLD LG SKL10422 WE 3200582 -2004 . 006 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04: P Receipt 7299278 Page: 1 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Special Warranty Deed (PV—Turnpike) This Deed,made this ' (t) day of March,2007,between PV Water Holdings LLC, a Colorado limited liability company,of the County of Weld,State of Colorado,as grantor ("Grantor"), and Turnpike Limited Liability Company,a Colorado limited liability company,whose legal address is 3964 Highway 79, Keenesburg,CO 80643,of the County of Weld, State of Colorado,as grantee (collectively the"Grantee"). Witness,that Grantor, for and in consideration of the sum of Ninety Thousand Sixty Dollars ($90,060.00)and other good and valuable consideration,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 Grantee, for itself, its successors and assigns forever,all the real property,together with improvements, if any, situate,lying and being in the County of Weld, State of Colorado,described as follows: See Exhibit A attached hereto and incorporated herein("Property"). Together with all and singular the hereditaments and appurtenances thereunto belonging, . or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all of the oil, gas, gravel, royalty interests and other mineral rights, together with all surface rights, which are owned by Grantor, if any, related to,or in any way appurtenant to, in and under and that may be produced therefrom, and all the estate,right,title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. Together with water rights and rights to delivery of water associated with the inclusion of the Property within the Henrylyn Irrigation District, EXCEPT RESERVING UNTO GRANTOR all water and water rights, whether adjudicated or not, which are related to or in any way appurtenant to the Property, (except for the water and water rights described above) including without limitations, all well and well rights, including but not limited to, the water rights associated with Well Permit No. 31595FP(former Permit No. 11587R); which water rights were subject to the terms and conditions of the Findings of Fact, Conclusions of Law,Judgment and Decree of the Court entered by the Adams County District Court on May 10, 2004 in Case No. 98CV1727, and recorded on June 22, 2004 as Reception No. 20040622000516130 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3191505 of the books and records of the Weld County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on June 1, 2004 in Case No. 99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder; all water rights and rights to water in the Denver Basin Aquifers underlying the Property; all subterranean water and water rights; all • ,2 SKLD LG SKL10422 WE 3463826 -2007 . 001 • eRecorded in County, CO Doc Id: 3463826 03122/2007 04: Receipt#: 7299278 Page: 2 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Denver Basin Aquifers underlying the Property; all subterranean water and water rights; all • surface water and water rights; spring and spring rights; all tributary and non-tributary water rights designated and non-designated water rights; all reservoir and reservoir rights not associated with Henrylyn Irrigation District; ditches and ditch rights not associated with I4enrylyn Irrigation District; all water and ditch company stock not associated with Henrylyn Irrigation District, water, and sewer tap agreements; any and all easements and rights-of-way for the carriage of water to the Property; discharge of water from the Property, and storage water off Property; all utility agreements with any other developers or with any municipality or quasi- municipal special district, if any, which are owned by Grantor or related to or in any way appurtenant to the Property and reserving unto Grantor any interest in the irrigation well and easement and right-of-way on, across and under the Southwest Quarter (SW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved and excepted in Warranty Deed recorded December 13, 1979 in Book 890 at Reception No. 1811818 for the irrigation well designated by Well Permit No. 11587 (now Final Permit No. 31595FP), together with permanent access for ingress and egress to said well on the existing East-West farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., and as further set forth in said Warranty Deed. To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the Grantee,for itself,its successors and assigns forever. Grantor, for itself,its successors and assigns,does covenant,grant,bargain and agree to and with Grantee,for himself, successors and assigns,that at the time of the ensealing and delivery of these presents,Grantor is well seized 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 aforesaid,and that the same are free and clear from all former and other grants,bargains, sales, liens, taxes,assessments,encumbrances and restrictions of whatever kind or nature whatsoever,except for and subject to those matters as set,forth on Exhibit B attached hereto and incorporated herein. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee,for itself,its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by,through or under Grantor. In Witness Whereof,Grantor has executed this Deed on the date set forth above. PV Water Holdings LLC, a Colo ' ited liability company By: 1 H.Farkas, Manager • • 2 SKLD LG SKL10422 WE 3463826-2007 . 002 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04: P Receipt#: 7299278 Page: 3 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder PR Z-0 r) • STATE OF COLORADO rn c.r.# a )ss. CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this iq 4day of March, 2007, by Joel H. Farkas, Manager of PV Water Holdings LLC,a Colorado limited liability company, on its behalf. Witness my hand and official seal. My commission expires: c. t5 -26 o r (SEAL) •o�w „,-;_ „OFFICIAL SEAL R ` I/ MARSHAKENNLDY JJ fPt-, Notary Pudic-Slate ofAn2ons I Notary C Y MARICOPACOUNTY n Comm.Expires March 15,200J • • 3 SKLD LG SKL10422 WE 3463826-2007 . 003 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04: P Receipt#: 7299278 Page: 4 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder • Exhibit A (Legal Description) PARCEL G LOT B, RECORDED EXEMPTION NO. 1477-09-2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO 02355469, BEING A PART OF THE NORTHWEST ONE-QUARTER OF SECTION 9,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°53'08"E A DISTANCE OF 2642.79 FEET. MONUMENTED BY A 2"ALUMINUM CAP STAMPED"LS 25937"AT BOTH THE NORTH ONE-QUARTER CORNER AND AT THE CENTER ONE-QUARTER CORNER. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER ONE-QUARTER CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, S89°04'48"W A DISTANCE OF 2599.08 FEET,TO THE EASTERLY RIGHT- • OF-WAY LINE OF WELD COUNTY ROAD 65; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9,N01°02'59"W A DISTANCE OF 2604.12 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK 911 AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9,N89°06'32"E A DISTANCE OF 1776.07 FEET, TO THE NORTHEASTERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09- 2RE1514, RECORDED OCTOBER 18. 1993 IN BOOK 1407 AS RECEPTION NO. 02355469, THE FOLLOWING TEN (10) COURSES: 1. S66°20'55"E A DISTANCE OF 235.88 FEET; 2. S59°25'13"E A DISTANCE OF 99.94 FEET; • 3. S55°12'57"E A DISTANCE OF 100.06 FEET; 4 SKLD LG SKL10422 WE 3463826-2007 . 004 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04: P Receipt#: 7299278 Page: 5 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder • 4. S51°00'05"E A DISTANCE OF 99.93 FEET; 5. S46°44'1 1"E A DISTANCE OF 100.13 FEET; 6. S42°36'22"E A DISTANCE OF 100.00 FEET; 7. S38°18'04"E A DISTANCE OF 99.94 FEET; 8. S30°57'20"E A DISTANCE OF 199.90 FEET; 9. 554°49'34"E A DISTANCE OF 35.03 FEET; 10.N89°04'05"E A DISTANCE OF 45.07 FEET, TO THE EAST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE ALONG SAID EAST LINE, S00°53'08"E A DISTANCE OF 1912.82 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES. • • 5 SKLD LG SKL10422 WE 3463826-2007 . 005 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04: Receipt#: 7299278 Page: 6 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder • Exhibit B (Exceptions) 1. Taxes and assessments for the year 2007 and subsequent years, a lien not yet due or payable. 2. All water, water rights, or claims thereto,in, on or under the land. 3. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 4. Rights 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, by the instrument recorded October 14, 1889 in Book 86 at Page 273. 5. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded November 29, 1907 in Book 233 at Page 128, and any and all assignments thereof or interests therein. Note: Request for Notification of Surface Development recorded May 28, 2002 at • Reception No. 2954634. 6. Right of way, whether in fee or easement only, for road purposes, as granted to Weld County, Colorado by Fred Durbin by instrument recorded March 25, 1931 in Book 911 at Page 64. 7. Terms, conditions, provisions and agreements specified under the Surface Owner's Agreement by and between Eagle Peak Farms, Ltd. and Union Pacific Resources Company, which was recorded May 22, 1992 in Book 1337 at Reception No. 02288934. 8. 30' wide access, utility, water well & water line easements and notes and shown on the Recorded Exemption No. 1477-09-2-RE1514 recorded October 18, 1993 in Book 1407 at Page 02355469. 9. Terms, conditions, provisions and agreements specified under the Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation, which was recorded October 4, 1999 at Reception No. 2724468. 10. Terms, conditions, provisions and agreements specified under the Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation, which was recorded November 27, 2000 at Reception No. 2809195. • 6 SKLD LG SKL10422 WE 3463826-2007 . 006 • eRecorded inli County, CO Doc Id: 3463826 03/22/2007 04:4 P Receipt#: 7299278 Page: 7 of 7 Total Fee: $45 00 Steve Moreno, Clerk and Recorder • 11. Valve site contract for a pipeline gate or gate-valves with any by-passes and appurtenances as granted to Duke Energy Field Services, Inc. by instrument recorded April 25, 2001 at Reception No. 2843053. 12. Pipeline right-of-way grant and easement as granted to Duke Energy Field Services, Inc., by instrument recorded April 25, 2001 at Reception No. 2843054. 13. Terms and conditions as contained in the Agreement for Conveyance of Easement by instrument recorded May 9, 2002 at Reception No. 2950276. 14. Grant of easement and right of way for a non-exclusive, perpetual easement for rip rap slope protection and extension of existing drainage facilities as granted to the County of Weld by instrument recorded September 26, 2002 at Reception No. 2990534. 15. ALTA/ACSM Land Title Survey by instrument recorded September 13, 2004 at Reception No. 3218385. 16. Terms, conditions, provisions, agreements and obligations specified under the Notice to Construct a Toll Road and Disclaimer of Interest, which was recorded August 28, 2006 at Reception No. 3414875. Note: List of owners notified of the above recorded Notice, recorded January 5,2007 at Reception No. 3445894. • • 7 SKLD LG SKL10422 WE 3463826-2007 . 007 1111111 IIIII 111111111111111 11111111111 III 11111 lIII III! • 3499481 08/24/2007 12:28P Weld County, CO 1 of 3 R 16.00 0 0.00 Steve Moreno Clerk& Recorder QUITCLAIM DEED AND RELEASE THIS DEED, made this /0 r49ay of lard , 2007, between BNSF RAILWAY COMPANY (formerly known as The Burlington orthem and Santa Fe Railway Company and formerly known as Burlington Northern Railroad Company). a Delaware corporation, Grantor, and TURNPIKE LIMITED LIABILITY COMPANY, a Colorado limited liability company, of 3964 Highway 79, Keenesburg,Colorado 80643,Grantee. WITNESSETH: That the said Grantor, Ibr Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and quitclaimed, and by these presents cloth remise, release, sell, convey and quitclaim, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, unto the said Grantee, its successors and assigns forever, all the right, title, interest, claim and demand, if any, which the said Grantor bath in and to the following described premises. located in • Weld County, Colorado,more particularly described as follows: The Westerly 50 feet of BNSF Railway Company's (formerly Chicago, Burlington & Quincy Railroad Company) 100 foot wide Tampa Beet Line right of way, now discontinued, located upon, over and across the East Half of the Northwest Quarter of Section 9, Township 1 North, Range 63 West of the 6th Principal Meridian, Weld County,Colorado,bounded on the North and South by the North and South lines of said East I Ialf of the Northwest Quarter; Hereinabove described property also bounded on the East by said Railway Company's Main Track centerline, as originally located and constructed; said Main Track centerline also being the North-South centerline of said Section 9. SUBJECT, however, to all exiisting interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. ALSO, if the premises are locally assessed, the Grantee, and for its successors and assigns, by acceptance of this deed, agrees to assume all locally assessed real estate taxes, outstanding and otherwise, and any and all past, present, pending and future assessments of every nature whatsoever, which have been or may be levied against the premises. 1 • SKLD LG SKL10422 WE 3499481-2007 . 001 1111111 1111111111111111111 11111111111111 11111 III Di 3499481 08/24/2007 12:28P Weld County, CO 2 or 3 R 16.00 D 0.00 Steve Moreno Clerk 8 Recorder • ALSO, the Grantee, and for its successors and assigns, by acceptance of this deed, hereby releases nd forever discharges the Grantor, its successors and assigns, from any and all present or future of ligation of the Grantor, its successors and assigns, including but not limited to the construction of or continued maintenance thereto of any railroad fences, snow fences, road crossings, cattle guards, gates, farm crossings, bridges, drainage or irrigation pipes, if any, located and situated on the premises herein conveyed. BY ACCEPTANCE OF THIS DEED, Grantee acknowledges that a material consideration for this conveyance, without which it would not be made, is the agreement by the Grantee, for its successors and assigns, that the Grantor, its predecessors, successors, and assigns shall be in no mariner responsible to the Grantee, any subsequent owner, purchaser, or any person interested therein for any and all claims, demands, damages, causes of action including loss of access, or suits regarding the quiet and peaceable possession of such premises, title thereto, or condition thereof. IN WITNESS WHEREOF, the said Grantor has caused this deed to be signed by its authorized officers, and has caused the seal to be hereto affixed the day and year first above written. ['NSF RAILWAY COMPANY L • Dalen E. Wintermute Manager—Land Revenue Management °"vJAY C°"., ATTEST: 3" Pp OR9 co Z ALi BY: S \ Patricia Z.bicho OFLgW Pew Assistant Secretary 2 • SKLD LG SKL10422 WE 3499481-2007 . 002 IIIII III11111111111111111IIII 3499481 08/24/2007 12:28P Weld County, CO 3 of 3 R 18.00 0 0.00 Steve Moreno Clerk& Recorder Send Tax Bills To: • Turnpike Limited Liability Company 3964 Highway 79 Keenesburg, CO 80643 STATE OF TEXAS ) )ss COUNTY OF TARRANT ) The foregoing instrument was acknowledged before me this //ilk' day of Q , 2007, by "Wen E. Wintermute as Manager -- Land Revenue Management and Patricia Zbichorski as Assistant Secretary of BNSF Railway Company, a corporation. WITNESS my hand and official seal. 2 My Commission Expires: .3-02 3"oW6 /E 1F''5 ,}: JOYU E.SIMMONS `��,/rv- • MYC0MMISSI0NFOIFIE:J No Public • i'%�`� Mardi 23.2008 This instrument was dratted by: BNSF Railway Company Corporate Real Estate Development 2500 Lou Menk Drive,AOB 3 Fort Worth. Texas 76131-2830 Big 1792-I8 rrampa B ct tine.CO 3 SKLD LG SKL=0422 WE 3499481-2007 . 003 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records o e Weld County Assessor was assembled within thirty days of the applications submission da Signature G -1 -/d Date Property Owners Within 500 ft. of Parcel# 147709000080 Account Parcel 1 Owner 1 Mailing Address R6512886 147704000071 ! ADAMS CHARLES T 32195 HIGHWAY 52 KEENESBURG CO 806438502 R6512886 147704000071 ADAMS CHRISTY L N0036489 147709000078 • ANADARKO LAND CORP ATTN TRAVIS HOLLAND PO BOX 173779 DENVER CO 802173779 R2675704 147708100020 BERRY SCOTT A 4509 COUNTY ROAD 65 KEENESBURG CO 806438732 R2675904 147708100022 CHANEY SANDRA K 34449 COUNTY ROAD 10 KEENESBURG CO 806438526 R0022289 147709000078 COOK DENNIS L R0022289 147709000078 COOK JAMES E 10571 COUNTY ROAD 37 FORT LUPTON CO 806219409 R2275703 147705100023 DUNHAM DAREN D PO BOX 57 KEENESBURG CO 806430057 R2275703 147705100023 I DUNHAM TOSHA P R6515586 147709000010 GINGERICH LINDA E R6515586 147709000010 GINGERICH STANLEY F 120 W NELSON AVE KEENESBURG CO 806439043 R4965208 • 147704100007 HUWA COREY 32511 HIGHWAY 52 KEENESBURG CO 806438502 R4912407 147709300004 HUWA PATRICIA A R4965208 147704100007 • HUWA RACHEL R4912407 147709300004 HUWA RICHARD F 4202 COUNTY RD 65 KEENESBURG CO 80647 R6783124 147708400018 JOHNSON PEARL HELLENE 31495 COUNTY ROAD 10 KEENESBURG CO 806438722 M0149003 147708100022 JOHNSON SANDRA K 34449 COUNTY ROAD 10 KEENESBURG CO 806438526 R2158603 147705100020 LORD RESERVIOR EXEMPT Account Parcel I Owner lMailing Address R6513086 147704000077 PROSPECT VALLEY 2111 61ST AVE HOLSTEINS LLC GREELEY CO 806347902 R0132594 147709000079 THOMAS WILLIAM O 32500 HIGHWAY 52 KEENESBURG CO 806438501 R8065299 147709000081 TOMAN HEIDI D R8065299 147709000081 TOMAN PATRICK L 4496 COUNTY ROAD 65 KEENESBURG CO 806438731 R0132694 147709000080 TURNPIKE LIMITED 4202 COUNTY ROAD 65 LIABILITY CO KEENESBURG CO 806438731 R6780298 147708400011 VILLARREAL ARMAND N 4401 COUNTY ROAD 65 KEENESBURG CO 80643 S Cll - c L cu .C - L +� p Cv p c p p .C -8 Q) p C O O .C C t+_- op — -C L C C C v_ 0) � — -C -C C C `-� C U) C a--T U) C O '-' C " co C �-' co C co cy) co U) > p c o CD (o • o CO > CD CD (D CD L p CD o c O .O ._ O C O •° .C C :._, •—. 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Ca- > d Q U — L- CO 0 Y CC Accela Citizen Access Page 1 of 2 Home Planning Building Public Works Health Enforcement Search Applications Record SP-0800021: Hea IthlRes identia llNew/Septic ' � A notice was added to this record on D311012008. `•J Condition:Weld County Regulations Severity: Notice Total Conditions:2 (Notice:2) Hide additional details Conditions Showing 1-2 of 2 Condition Name Status Seventy Applied Date Effective Date Expiration Date 1 ,�Based on Engineer Applied Notice 03/06/2008 03/06/2008 Evaluation Weld County Applied Notice 03/06/2008 03/06/2008 Regulations Work Location 4626 CR 65 KEENESBURG CO 80643 Record Details Applicant: Licensed Professional: RAY KEEFE HIGH PLAINS ENGINEERING&DESIGN-TODD KEEFE CONSTRUCTION SERVICES SCHROEDER 5845 WHY 52 735 DENVER AVE WIGGINS,CO,80654 FORT LUPTON,CO, 80621 Home Phone:970-483-6238 Home Phone:(303)857-9280 Mobile Phone:970-463-5295 Septic Engineer 9010159 Fax:303-732-0510 View Additional Licensed Professionals» Project Description: Owner: SHOP/OFFICE TURNPIKE LLC 3964 HWY 79 KEENESBURG CO 80643 ',More Details Additional Information 9 Parcel Information Parcel Number: Legal Description: 147709000080-R0132694 PT NW4 9-1-63 LOT B REC EXEMPT RE- 1514(3.45R3D) Parcel Area: Land Value: 151.92 51013 I 1 Fees j Inspections Upcoming You have not added any Inspections. Click the link above to schedule or request one. Completed (2) Approved-1;Red Tag-1 Red Tag Final(1091198) Vlew Details Result by Mary Cavnah on 07129/200El at 12:00 AM Approved Final(1116591) View Detail. Result by Mary Cavnah on 02/112009 at 12:00 AM https://accela-aca.co.weld.co.us/CitizenAccess/Cap/CapDetail.aspx?Module=Health&Tab... 6/26/2014 Weld County Environmental Health Services Department 1555 N. 17th Avenue / Greeley, CO 80631 ��/�► Phone: (970) 304-6415 Septic Permit - Final Fax: (970) 304-6411 Fina12f1 www.co.weld.co.us Application Number SP-0900055 Status: Ready to Final App Type: Health\Commercial\New\Septic Applied: 04/13/2009 Applicant Name: COREY HUWA Issued: 04/30/2009 TURNPIKE LLC Fineled: 1i-Ias 11 4626 CR 65 KEENESBURG, CO 80643 Owner Name: TURNPIKE LLC Parcel#: 147709000080-R0132694 Legal Desc: PT NW4 9-1-63 LOT B REC EXEMPT RE-1514 (3.45R3D) Site Address: 4626 CR 65 KEENESBURG, CO 80643 App Specific Info: 1/2 Bathrooms 0 3/4 Bathrooms 0 Application Date 04/13/2009 Associated Building Permit Associated Building Permit Number Basement Plumbing No Full Bathrooms 1 Location Description 4626 CR 65 KEENESBURG CO 80643. FROM HUDSON HWY 52 EAST TO CR 65 SOUTH 1/4 MILE EAST SIDE. Number of Bedrooms 0 Number of Persons 20 Other Water Supply Utility Parcel Acres 49 Private Water Supply Well Private Water Supply Permit Reference 275113 Number Public Water Supply No Public Water Supply Utility Repair Reason Type New Septic Permit Expiration Date Waive Fees No Waive Fees Comment Year Installed EHS Pert Test(Site): Engineer Design Required Yes Engineer Evaluation Received Yes Engineer Job Number 09-1852 SHOP Engineer Letter Received No Ground Slope 4 In 100 Year Flood Plain No Limiting Zone Feet 8 Limiting Zone Inches 0 Limiting Zone Qualifier Greater Than Percolation Rate Qualifier Equal To Percolation Rate Value 35 Slope Direction W Soil Description Soil Type Suitable Yes Variance Required No Weld County Environmental Health Services Department 1555,$ 17th,Avenue I Greeley, CO 80631 ��/�► Phone: (970) 304-6415 Septic Permit - Final Fax: (970) 304-6411 www.co.weld.co.us Minimum Installation: Absorption Bed Absorption Trench 989 Additional Terms and Conditions Y Bed Option 1 Bed Option 2 Bed Option 3 Chamber Option 1 Chamber Option 2 Infiltrator Quick4 Chamber Option 3 Septic Tank Size 1000 Trench Option 1 Trench Option 2 64 Trench Option 3 Actual Installation: Chambers Septic Tank: 15cc) gallons Absorption Trench: ( I-443 sq ft Co`f Absorption Bed : sq ft Design Type: 07. . Chamber Model Q-4 NOTICE The issuance of this permit does not imply compliance with other state,county,or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted persuant to Article 10, Title 25,CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111(2). This permit Isnon-transferable and non-refundable The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions re%ui to meet our regulations on a continuing basis.Final permit approval was contingent upon the final inspection f the completed system by Ih Coun arment of Public Health and Environment. Enviro mental Health Specialist Date Weld County Environmental Health Services Department 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6415 Fax: (970) 304-6411 _„ Web:www.co.weldhealth org Septic Permit Application Application Number: SP-1400202 App Type: Health\Commercial\Repair1Septic VINCENT NISSEN 4626 CR 65 KEEBESBURG, CO 80643 Owner Name: TURNPIKE LLC Parcel#: 147709000080-O2154802 Legal Desc: LEASEHOLD INT SE4NW4 9 1 63 PROSPECT VALLEY 22-9 Site Address: 4626 CR 65 WELD, CO 80643 App Specific Info: 1/2 Bathrooms 4 3/4 Bathrooms 0 Full Bathrooms 0 Location Description 4626 CR 65 Number of Bedrooms 0 Number of Persons 45 Parcel Acres 147.11 Private Water Supply Well Public Water Supply No TERMS AND CONDITIONS A permit fee,as set by separate ordiance of the Board of Weld County Commissioners,shall be required of applicants for new individual sewage disposal systems(ISDS),payable at time of application Permit fees are non-refundable;permit applications are non-transferable.If both a building permit and an ISDS are issued for the same property and construction is not commenced prior to the expiration date of the building permit,the ISDS permit shall expire at the same time as the building permit.If an ISDS permit is issued for a property that does not require a building permit,the ISDS permit shall expire one year after its issuance if constmction on the septic system has not commenced Any change in plans or specifications after the permit has been issued invalidates the permit unless approval is secured from the Health Officer or his/her designated agent Expired permits can be renewed by payment of the permit fee only if: A There has been no change in the plans and specifications of the proposed system as set out in the original application or such change is reviewed and approved by a Division Representative. B The surrounding land,its use or zoning has not changed so-as-to cause the original application not to be acceptable under these regulations NOTICE The completeness of this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health and Environment(WCDPHE) The issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under article 10 title 25,CRS as amended The applicant certfies that the proposed system will not be located within 400 feet of a community sewage system.The undersigned certifies that all statements made,information and reports submitted herewith are,or will be,represented to be true and coned to the best of his/her knowledge and are designed to be relied on by the WCDPHE for evaluation for purposes of issuing the permit applied for herein Applicant further understands that falsification or misrepresentation may result in the denial of the application or revocation of any permit granted,and in legal action or perjury as provided by law ---� ner/Applicant Date Report ID: EHS00056v003 Page 1 of 1 Print Date Time: 6/27/2014 2101:35PM Weld County Environmental Health Services Department �.A I8 1555 N 17th Avenue Greeley, CO 80631 Phone: (970) 304-6415 • Fax: (970) 304-6411 c-t RECEIPT June 27, 2014 Application Number: SP-1400202 App Type: Health\Commercial\Repair\Septic Owner Name: TURNPIKE LLC 4626 CR 65 KEENESBURG, CO 80643 Site Address: 4626 CR 65 WELD, CO 80643 Rcpt# Pmt Type Pmt Method Ref# Pmt Date Amount Cashier Comments EHS-1400278 Paid Credit Card VISA 06/27/2014 $850.00 MSWAIN Total Payments: $850.00 Report ID: EHS00054v002 Page 1 oft Print Date Time: 6/27/2014 2:01:19PM Weld County Environmental Health Services Deoartment 1555 N 17th Avenue Greeley, CO 80631 ' ) rr= Phone: (970)304-6415 • Fax: (970)304-6411 _ �: Web:www.co weldhealth org — Septic Permit Application Application Number: SP-1400203 App Type: Health\Commercial\New\Septic VINCENT NISSEN 4626 CR 65 KEENESBURG,CO 80643 Owner Name: TURNPIKE LLC Parcel#: 147709000080-O2154802 Legal Desc: LEASEHOLD INT SE4NW4 9 1 63 PROSPECT VALLEY 22-9 Site Address: 4626 CR 65 WELD, CO 80643 App Specific Info: 1/2 Bathrooms 5 3/4 Bathrooms 0 Full Bathrooms 0 Location Description 4626 CR 65 Number of Bedrooms 0 Number of Persons 55 Parcel Acres 147.11 Private Water Supply Well Public Water Supply No TERMS AND CONDITIONS A permit fee,as set by separate ordiance of the Board of Weld County Commissioners,shall be required of applicants for new individual sewage disposal systems(ISDS),payable at time of application Permit fees are non-refundable;permit applications are non-transferable.If both a building permit and an ISDS are issued for the same property and construction is not commenced prior to the expiration date of the building permit,the ISDS permit shall expire at the same lime as the building permit If an 1503 permit is issued for a property that does not require a building permit,the ISDS permit shall expire one year after its issuance if construction on the septic system has not commenced Any change in plans or specifications after the permit has been issued invalidates the permit unless approval is secured from the Health Officer or his/her designated agent Expired permits can be renewed by payment of the permit fee only if: A There has been no change in the plans and specifications of the proposed system as set out in the original application or such change is reviewed and approved by a Division Representative. B The surrounding land,its use or zoning has not changed so-as-to cause the original application not to be acceptable under these regulations. NOTICE The completeness of this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health and Environment(WCDPHE) The issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under article 10 title 25,CRS as amended The applicant certfies that the proposed system will not be located within 400 feet of a community sewage system The undersigned certifies that all statements made,information and reports submitted herewith are,or will be,represented to be true and correct to the best of his/her knowledge and are designed to be relied on by the WCDPHE for evaluation for purposes of issuing the permit applied for herein.Applicant further understands that falsification or misrepresentation may result in the denial of the application or revocation of any permit granted,and in legal action or perjury as provided by is x lv 27^At Owner/Ap lic—t Date Report ID: EHS00056v003 Page 1 of 1 Print Date Time: 6/27/2014 2:09:29PM Weld County Environmental Health Services Department ._13i`• foo 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970)304-6415 Fax: (970)304-6411 RECEIPT June 27,2014 Application Number: SP-1400203 App Type: Health\Commercial\New\Septic Owner Name: TURNPIKE LLC 4626 CR 65 KEENESBURG, CO 80643 Site Address: 4626 CR 65 WELD, CO 80643 Rcpt# Pmt Type Pmt Method Ref# Pmt Date Amount Cashier Comments EHS-1400279 Paid Credit Card VISA 06/27/2014 $850.00 MSWAIN Total Payments: $850.00 Report ID: EHS00054v002 Page 1 of 1 Print Date Time: 6/27/2014 2:08:42PM • lit . SEPTIC PERMIT INFORMATION FORM • COLORADO To obtain an I.S.D.S.permit,one must file an "application for Individual Sewage Disposal System" at the Weld County Environmental Health Services office and pay the application fee. A"repair"fee shall be charged for the expansion, replacement,or repair of an existing system. The following information must be provided on the septic information form. COMMERCIAL PERMIT X RESIDENTIAL PERMIT SEW sr REPAIR $850.00 NEW or REPAIR $750.00 VAULT PERMIT MINOR REPAIR PERMIT NEW or REPAIR$250.00 $100.00 PARCEL NO.: Ar1'I DR 000 0 SO 3L eir�4 (12 DIGIT NUMBER) LEGAL DESCRIPTION: SECTION ! TOWNSHIP /J RANGE 630 ACRES /41 i ' SUBDIVISION LOT BLOCK FILING THIS INFORMATION CAN BE OBTAINED FROM THE ASSESSOR'S OFFICE AT (970) 353-3845. EXT 3650 SITE ADDRESS g `Z tj A/C../L2- L 5 , �.ecn-es 6 u rc1 IC 0 �i ®b�C 3 DIRECTIONS TO SITE Ca G 5 g µm,1/ ' Z„ 1 PROPERTY OWNER: —rury%Fit k,,e, MAILING ADDRESS: 4 6Z(, W42.. L5 CITY h ST Le ZIP faL43 HOME PHONE: (y�tT+ 732-4 oz. WORK PHONE(>0S)_732.-6407..( FAX(3J ]32-OSl a EMAIL ADDRESS: s v. caw-.. APPLICANT NAME: enr y U MAILING ADDRESS: 44„2.4, _at 46 CITY _'i 7 ST Co ZIP F( �( 43 HOME PHONE: ( 381-4,4a WORK PI IONE IRj;I 732.-4 CE(7 P.AX I I - - - EMAILADDRESS: „Muni°,, t-4C5SCecl • i.,,(�_C1xtM_ _ — - DESCRIPTION OF BUILDING(EX: HOUSE,MOBILE HOME, MODULAR, SHOP OFFICE? IF OBTAINING A REPAIR PERMIT,WHAT IS BEING REPAIRED? NUMBER OF PERSONS cic IN FLOOD PLAIN AREA? YES e(5) NUMBER OF BEDROOMS _ PERCOLATION HOLES MUST BE MARKED FOR INSPECTION OR A$50.00 FEE WILL BE CHARGED BASEMENT PLUMBING YES/0 CENSUS TRACT BATHROOMS: FULL '/a 'A PUBLIC WATER SUPPLY YES/NO NAME PRIVATE WATER SUPPLY YE /NO ^EL /CISTERN PERMIT# 12333 ft if/ l DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17`h Avenue i&I , 11.1Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 Will C FAX: (970) 304-6412 O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 AUTHORIZATION FORM RE: ,1 PERMIT APPLICATION I.S.D.S. EVALUATION { SALE OF PROPERTY WATER SAMPLE I_ Mit t[4,T hissirk—t representt for the property (Auent/Apphcan0 (Owner) located at 4_c7,i, a Z^42 (mss lea^5/2�Q cc) • LEGAL DESCRIPTION: SEC '' TWN //.1 "RNG !i3 La SUBDIVISION NAME: , 4 LOT BLKCat I can be contacted at the following phone /Ps: F.Ie ( 3a; -2 o 4-S6 ¢ Z Work Fax# The property owner can be contacted at the following phone#'s COC9 µDADA fir( q70 _ 381- 4042- Work Fax# Correspondence mailed to (only one): Agent/Applicant Property Owner DATE 61/47/20/11. /eV OWNER'S SIGNATUR 5 4 3 HIGHWAY 52 SIGN: ARNOLD'S CUSTOM SEEDING t o SITE 0 0 ce cc 80 0 19 10 U COUNTY ROAD 10 17 16 15 HIGH PLAINS ENGINEERING & DESIGN, LLC 721 4th STREET, SUITE D, FORT LUPTON, CO 80621 • PHONE: (303)-857-9280 • FAX: (303)-857-9238 June 13, 2014 Arnold's Custom Seeding 4626 CR 65 Keenesburg, CO 80643 RE: To provide an onsite wastewater system design for the proposed commercial office building addition at 4626 CR 65, Weld County, CO Job # 14-4556 SEPTIC SYSTEM DESIGN DATA: The percolation test for the site performed by High Plains Engineering & Design, LLC (Report No. 14-4556) had an average percolation rate 26.6 minutes per inch (mpi) at a depth of 36-inches below grade. No limiting layer was identified within the 10-foot profile hole. The system will be designed for a (FUTURE) total of 100 full time employees and 15 visitors per day when the existing system and hydraulic loading will be added to this system due to the existing septic field being removed to allow a future building expansion. The absorption bed components are required per County Code to be within 36" of final grade. The proposed office space will have 55 full employees and 5 visitors per day. ABSORPTION AREA FOR BED WITH PROPOSED LOADING 55 FULL TIME EMPLOYEES @ 15 GALLONS PER DAY (GPD)= 825 GPD 5 VISITORS @ 5 GPD = 25 GPD TOTAL FLOW (Q) = 850 GPD FOR WELD COUNTY (BED): A = Qx1.5x1.3x 'V T A = 850x1.5x1.3xV26.6 = 2443 SF 3.5 3.5 Using the 50% reduction for chambers 3 1222 SF / 9.2 =133 chambers Install 7 rows of 19 Q4 Infiltrator chambers. Alternate: Dimensions of "Rock and Pipe" System bed: 30' x 100' with 5 rows of 100 lineal feet (LF) of 4" diameter perforated pipe. ABSORPTION AREA FOR BED WITH (FUTURE) LOADING 100 FULL TIME EMPLOYEES @ 15 GALLONS PER DAY (GPD)= 1500 GPD 15 VISITORS @ 5 GPD = 75 GPD TOTAL FLOW (Q) = 1575 GPD FOR WELD COUNTY (BED): A = Qx1.5x1.3xV T A = 1575x1.5x1.3xV26.6 = 4526 SF 3.5 3.5 Using the 50% reduction for chambers 3 2263 SF / 9.2 =246 chambers 246 — 133 = 113 Install an additional 6 rows of 19 Q4 Infiltrator chambers for the FUTURE loading. Alternate: Dimensions of (FUTURE) "Rock and Pipe" System bed: 48' x 100' with 8 rows of 100 lineal feet (LF) of 4" diameter perforated pipe, which means that 18' x 100 feet will be added to the system at that time. The 12-inch layer of aggregate shall consist of clean, washed, graded gravel or rock to range in size from 3/4 inch to 2-1/2 inches with an average size of 1-1/2 inches. The rock shall extend from 2 inches above the top of the pipe, level across the bed, to 6 inches below the bottom of the pipe. The top of the rock shall be covered with landscape fabric, untreated building paper, or a 2 inch layer of straw or hay to prevent the gravel from becoming clogged by earth backfill. Shredded tires are an approved alternate for the rock in this type of system. Contact this firm to discuss suppliers and/or specifications. NOTE: The Engineer and Health Department will inspect the site when perforated pipe or chambers, distribution box, rock or shredded tires and septic tank are in place. A final inspection may be made when the system is completed. SEPTIC TANK SPECIFICATIONS: FUTURE Office Space 1575 GPD X (30HRS/24HRS) X 1.5 = 2954 GALLONS 4 Install two 1500-gallon two compartment, leakproof septic tanks in series. NOTES: 1. Provide a minimum of five (5) feet between the distribution box and the septic tank or any building. 2. Provide a minimum of five (5) feet of solid pipe between the distribution box and the laterals. Installer to provide schedule 40 pipe when trenching below any road, driveway or parking areas. The absorption "bed" area shall be isolated from all vehicular travel, parking, grazing and storage areas. A lift pump may be required for this system if the minimum specifications of 1/8" per foot of fall between the office, septic tank and the distribution system cannot be met (refer to lift pump detail). All construction is to be in accordance with Weld County Colorado Department of Public Health and Environment's Individual Sewage Disposal System Regulations. Certification: I hereby certify that the septic system shown on this plan was made by me or under my direct supervision and is accurate to the best of my knowledge or belief. /.t � I; Todd M. Schroeder, f ` '/�13 . � ' S roeder, P 3 .5.x}8 1S,cWL- ;$c'` Attachments: Percolation Profile, Absorption Bed Section, Lift Pump Detail, Site Map Profile Hole Log 0 1 SANDY CLAY (SC) - 2 . • - - 3 4 5 CLAY WITH LOW PLASTICITY (CL) 6 7 - 8 . • 9 SANDY CLAY(SC) - --- 10 ra a 7I / Q k oa 0 - U W z a cAxo w r . -4 3 d Z z °¢a. © H X Q a 4 /-� O f„, - Vl M Lu P O -V W C4 W A y o3 ¢ �y = `tJ o 5 O H Z o aLL mp O a =. Ca Z O , ,,_ H c z o I-`;, n: W W n ¢ - � h vp WM '. Na Z o " o > v1 r• m F Q z = . :4 `° ZO x ;-c a Y U W , � Q V .... 'y M li d --- Fes+ I..-e Q n: W v a F P-I , gLU .'' ° � m O vn M-I o is * 0- > r�4 W v �' U a; O ( ccse' ,..,,., Q 4+9 - w i- ie' Z.; `-` z vc xa / i /'XVW .1 U 2 c . IH• '° � � iO � a F- C u, 7cv c W a u z u ¢ > e c d ? H a x x V v ) c " < s q u 0OX SC ^ A M z z Q Y Z C z - v x C c [,� _, z _ O — � yam: � a fu- J J '`=i c%41 o, x � � Qo O r - n xoE _ 2 ys I h x 4. UV Wa c] .-1 v, zo c.., m ¢ H • �/ a C wHh w - 7 r-1 .Z _ C C.' rTl I-EJZ E3 z > w w L �� zz L 0 � o� -- _ r z z oao �� —� � -1 m z •w a ct Fs ICI I - - X • z - aim ? > � > • c ,� x % " / P. E2 _ � � zz Via_ x - y -6 TPG HEETh � � _ x J .. L .vC 2 , • _ a CE: 77 iI�t.� C d zM < V ' . x E. S. 7 1i i ui,; _ < _ - VJ O x < _ m O o 7C C M n x - C ? ' - F \ N . U I V ', z a x. u U2 'z .c � � - tor' .. uh- cY w a ry ¢ O - 0., m 5 v7v m r- t--, 4 r l7 > LT-, v U X F m _ N. Ji IST 5ITE MAP ARNOLD'S CUSTOM SEEDING 4626 COUNTY ROAD G5 WELD COUNTY, CO p D„Tk_3L I LLI, �� /\ unx 100' R&P -_ 48-s --7 ROWS OF 4' PERFORA E PVC PIPE (TYP.) OR INSTALL 7 ROWS OF 19 04 CHAMBERS PC11 lib INSTALL 3 ROWS F 4' PERFORATED PVC PIPE GYP.) OR INSTALL 6 ROWS OF I CHAMBERS 'C \`pl. \G In' - - nl I K\‘- �pV PROPOSED ❑B# 14-4556 FIGURE 1 OFFICE DAVE 6-13-14 LEGEND All locations shown above are based on specific information O-Percolation Test Hole furnished by others or estimates made In the field by High Plains Engineering 8. Design personnel. The locations, distances, X—Percolation Profile Hole directions, etc, are not the result of a property survey but are approximations and are not warranted to be exact. It is A-Soil Profile Hole the owner/builder's responsibility to define property — boundaries and ensure all onsite improvements are located X X-Fence within the platted site and out of inappropriate easements. All distances are to be verified prior to excavation. Weld County Health Department 4/25/2014 Percolation Test and Soils Data �� HIGH PLAINS ENGINEERING & DESIGN, LLC 721 4th STREET, SUITE D, FORT LUPTON, CO 80621 • PHONE: (303)-857-9280 • FAX: (303)-857-9238 FILE NO. 14-4556 • Property Address 4626 COUNTY ROAD 65 Legal Description WELD COUNTY, CO Contact Information Name ARNOLD'S CUSTOM SEEDING, LLC Street 4626 COUNTY ROAD 65 City, State, Zip KEENESBURG, CO 80643 Phone (303) 732-4021 Saturation and Swelling Groundwater Smeared Surfaces Encountered at i GREATER THAN 10 feet Removed: YES Sand or Gravel Added: NO Estimated depth to maximum seasonal water table if not Date and Time Presoak 4/15/2014 date encountered in profile: Water Added: 15:06 time Amount of Presoak Is area believed to be subject to Water Added: 15 gallons seasonal fluctuations which could Date and Time result in a seasonal water table within Percolation Test 4/16/2014 date 8' of surface? Started: 13:00 time Slope Determination in Absorption Area Did Water Remain in Hole After the Overnight Swelling 2.0 Period? to the NORTHWEST direction Hole 1 NO Hole 2 NO Bedrock Hole 3 NO Encountered @ IGREATER THAN 10lfeet Hole 4 NO Hole 5 NO Estimated depth if not encountered in Hole 6 NO profile: Percolation Rate Percolation Measurement Deep (In) Rate (min/in) Hole 1 36 27.78 Type of Bedrock:I Hole 2 36 27.78 Hole 3 36 27.78 Hole 4 36 27.78 Is bedrock fractured or weathered? Hole 5 36 27.78 Hole 6 36 20.83 Is bedrock believed to be permeable Average 26.62 (perc rate < 60 min/in)? Weld County Health Department 4/25/2014 Percolation Test and Soils Data !Profile Hole Information (cont.) II Note: Soils must be classified using unified system ASTM D2487 I+ !Profile Hole Log 0 • 1 SANDY CLAY(SC) -2 • • a' — U- 3 c r — 4 a w O 5 CLAY WITH LOW PLASTICITY (CL) 6 7 8 • • 9 SANDY CLAY(SC) 10 ♦ !Certification I certify that the above information is correct and complete to the best of my knowledge and that all tests were performed in the accordance with the provisions of Weld County Health Department individual sewage disposal regulations by myself or under my supervision. 7 ��, High Plains Engineering Signature - & Design LLC ��i��/ 721 4th Street, Suite D Ft. Lupton, CO 80621 303-857-9280 Date COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-45(07/2013) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER,CO 80203 Main:(303)866-3561 Fax:(303)866-2223 dwrpermitsonlinelrhstate.co.us GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be computer generated,typed or in black or blue ink. 1. Applicant Information Name of applient 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. Turnpike Limited Liability Company ® Industrial ❑ Dewatering System Mailing address Munici 4202 CR 65 ❑ pal ❑ Geothermal(production or reinjection r slala Zip cods IL Irrigation ri i ❑ Other(describe): Keenesburg !CO 80643 m Commercial T'lephn.ie#(area mile a umber( 1 e-mail(onlinefiling requved) 7.Well Data (proposed) 970-381-4042 chuwa@acsseedina.com Maximum pumping rate - -- Annual amount to be withdrawn 2.Type Of Application (check applicable boxes) 100 gpm 5 acre-feet ❑ Construct new well IC Use existing well Total depth Aquifer ❑ Replace existing well ❑ Change or increase use 704 feet Laramie-Fox Hills ❑ Change source(aquifer) ❑ Reapplication(expired permit) 8. Land On Which Ground Water Will Be Used ❑ COGCC Well ❑ Other - - - -- - Legal Description of I and(may be prov,dad as an al;achmerp: 3. Refer To (if applicable) well permit# water Court case# USR 1686 Same legal as item#4 29233 see note in#8 Dasignated Base,,Determination# well same o-1/ Upon issue of this permit we will cancel permit#292333 2037-BD 4. Location Of Proposed Well County T (If used for crop irrigation,attach a scaled map that shows irrigated area.) WELD r 1/4 or the 1/4 A. #Acres I B. owner Section I Township N or S Range r nr w Prindpal Meridian 9 11 r1 El 63 ;1 17 Sixth C. List any other wells or wafer rights used on this land: Distance of well from section lines(section lines are typically net property lines) 2160 FL from fx N E s 1440 Ft.frorr(f E It1 W Forreplacementwellsonly-distance and direction from old well to new well 9. Proposed Well Driller License#(optional):1461 feet direction 10.Sign or Entered Name Of Applicant(s)Or Authorized Agent Well location address(Include City,Slate,Zip) ❑Check it well address is same as In Item 1 The making of false statements herein constitutes perjury in the second degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. 4626 CR 65 Keenesburg CO 80643 24-4-104(13)(a). I have read the statements herein,know the contents thereo nd stat at they are true to my knowledge. Optional: GPS well location information in UTM format You must check GPS unit for Sign a er nab of par:fonts)submitting application sate I,o,mdmyyyy) required settings as follows: /Ai 7: 22 4/ Formal must be UTM It sign riot name and tee zr Zone 12 err]Zone 13 Units must be Meters ray Huwa owner Datum must be NAD83 Northing Office Use Only Unit must be set to true north _____ Was GPS unit checked for above?DYES USGS map name I DWR map no. I Surface elev. ❑ I Remember to set Datum to NAD83 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) Receipt area only A. Legal Description(may be provided es en attachment): Weld County USR 1686 Same legal as item#4 B. a of acres in parcel 1 C. Owner AOUAMAP 49.78 ,Turnpike Limited Liambility Comp WE D. Will this he the only well on thisWR parcel? �VESQ NO(if no list other wells) CWCB TOPO E. Slate Parcel 1D#(optional): MVLAR SD5 DIV WD BA MD _ To whom it may concern: We applied for, received and constructed a residential well under permit number 292333 to use for our office building. We trying to add on to the building and are required by Weld County to have a commercial well. The water had been changed to municipal use by PV water(previous owner), we are currently waiting for the use to be changed to commercial so this new commercial permit can be issued. When the new permit is issued we would use it to operate the existing well and understand that the old permit#292333 will be cancelled. Our building permit is held up until we have a commercial well therefore we are submitting the water well permit application so that it can be processed as soon as the change of use is approved. If there is anything we can do to expedite the issuance of the new commercial well permit please let me know. Thank you, Corey Huwa 970-381-4042 chuwa@acsseeding.com Turnpike Limited Liability Company 4202 CR 65 Keenesburg CO 80643 02/13/08 08:55 FAX 3531084 WELD COUNTY CLERK & REC 141002 1 r eRecordod in Weld County,CO Doc Id:3463826 03/22/2007 04:47 P Receipt#: 7299778 Page: 1 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Special Warranty Deed (PV—Turnpike) This Deed,made this V (0 day of Match.2007,between 1'V Water Holdings LLC,a Colorado limited liability company.of the County of Weld.State of Colorado,as grantor Cam. and Turnpike Limited Liability Company,a Colorado limited liability company,whose legal address is 3964 Highway 79,Keenesburg,CO 80643,of the County of Weld,State of Colorado,as grantee (collectively the**Grantee'). Witness,that Grantor,for and in consideration of the sun of Ninety Thousand Sixty Dollars .($90,060.00)and other good and valuable consideration,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 tmto Grantee,for itself its successors and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Weld, Scree of Colorado,demand es follow See=W ES attached hereto and incorporated herein("Proper ty'). Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions,remainder and remainders,rents, issues and profits thereat;end all of the oil,gas,gravel,royalty interests and other mineral rights, together with all surface rights.which are owned by Grantor, if any,related to,or in any way appurtenant to,in and under and that may be produced therefrom,and all the estate, right, title, interest,claire and demand whatsoever of Grantor,either in law or equity,of,In and to the above bargained premises,with the lmaditaeneob and appurtenances. Together with oaten rights and tights to delivery of water associated with the inclusion of the Property within the llmry(yn Irrigation District, EXCEPT RESERVING UNTO GRANTOR all water and imam don,whether adjudicated or not,which are related to or in any way appuramant to the Properly, (except for the water and water rights described above) including without lit a, sal wall and well rights, including bat not limited to, the water rights associated with Well Permit No. 31595PP(former Permit No. 11537E);which water rights were subject to the terms and amdidata of the Findings of Feet, Conclusions of Law,Judgment and Decree of the Court wt red by the Adams County District Court on May 10, 2004 in Case No. 98CV1727, and recorded on Jas 22, 2004 as Reception No. 20040622000516130 of the books and rowed,of the Adams County Cleric and Recorder,and recorded on June 22, 2004 as Recepam No. 3191505 of the books and records of the Weld County Clerk and Recorder; and the Findings of Fact. Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court an In 1,2004 in Case No. 99CV0097,and recorded on June 22, 2004 a Reception No. 20040622000516120 of the books and records of the Adams County Clack and Recorder,and recorded on.tune 22, 2004 as Reception No. 3191504 of the books and rends of the Weld County Clark and Recorder; all water rights and rights to water in the Denver Basin Aquifers underlying the Property; all subterranean water and water rights; all -3' 02/13/08 08:55 FAX 3531954 WELD COMM_ CLERK & Bac ICJ Uu:i °Recorded In Weld County,CO Doc Id: 3463826 03122/2007 04:47 P Receipt#: 7299278 Page:2 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Denver Basin Aquitiers underlying the Propertyi all subterranean water and water rights; all surface water and water damn spins and spring rights; all tributary and non-tributary water rights; designated and non-designated water rights; all reservoir and reservoir rights not associated with He tylyn Irrigation District; ditches and ditch rights not associated with Hearybyn litigation District ell wear end ditrih company stock not associated with Hcnrylyn Irrigation District,water, and Newts tap agreements;any and all easements and rights-of-way for the carriage of water to the Property;discharge of water from the Property, and storage water off Property; ell utility agreements with any other developers or with any munidpality or quasi- municipal special district, if any, which are owned by Grantor or related to or in any way appurtenant to the Property and teseving unto Grantor any interest in the irrigation well and easement and right-of-way on, across and under the Southwest Quarter (SW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved and excepted in Warranty Deed recorded December 13, 1979 in Book 890 at Reception No. 1811818 for the irrigation well designated by Well Permit No. 11367(now Final Permit No. 31395FP),together with permanent access for ingress and egress to said well on the existing East-West farm road to operate, repair, maintain. re-drill and/or replace said well rind the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M.,and a ihrther see forth in said Warranty Deed. To Have and to Hold the mid paetafses stove bargained and described,with the appurtenances,unto the eirseene,tit Resit its successes and assigns forever. Grantor,for itself,its sttooeaus and liesitra does ooveeml,saint,beat pin and agree to and with Grantee,for himself, ar coetaoat and assigns,that at tits links of the are ceding and delivery of these presents, Grantor is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in he simple,and has good right.Rill power and lawful authority to grad.b egahn,sell and convey the sous in mama and form aforesaid,and that the same are free and cia.r horn all fanner and other pots,bargains sales,lions,tarter,essmsmtents,encumbrances and sesttietions of whatever kind or taaltree whatsoever;except jar and artiest to those matters as set forth err Man attached hawse and inaerpawaad harsayt. Grantor Mall and will WARRANT MW FOREVER DEFEND the ebove-bargalned premises Mho quiet and peaceable possession oft7rraitere,for itaeif,ha successors and assigns, against all and every person ar persons lawfi lly claiming the whole es any pert thereof by,through or under Guenter. ha Witness Whereof,Genitor has a teeneed this Deed on the date sot forth above. 1W War Holdings LLC, ga Col led liability company EY H.PsAcas,Manager 2 6L 13/0d ON:55 FAX 3631664 WELD COUNTY CLERK.Sc EEC pJ(1(13 eRecorded In Weld County, Co Doc Id: 3463826 03/222007 04:47 P ReesIpttt: 7299278 Page:3 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder alt.r.-ar9 a- STATE OF COLOBI 4DO- ) re))e-+!cep"- Xes. CITY AND COUNTY OF DENVER ) The foregning instrument was.dmowledged before me this 14 1tday of March,2007,by Joel IL Farkas,Manages'of PV Wrier Findings L LC,a Colorado limited liability company, on its behalf. Witness my hand and official sn1 My commission expires: 4. /5.20 oY (SEAL) ° ' " ylgR.,ryi/►KENNFJ3Y r 1 :. � �':°, H,w,yAeie_arrrarmr.. 1 Notary Public ° `_LLB 1 YARICOPACOUNTY 3 UL 1:f U° u°:as t'AA :,sJlaua __ WELD COUNTY CLERK & REC IQ1uo5 eRecorded In Weld County,CO Doe Id:3463826 03/22/2007 04:47 P Receipt#:7299278 Page:4 of 7 Total Fee:$45.00 Steve Moreno. Clerk and Recorder Exhibit A U- ga Description) PARCEL G LOT B,RECORDED EXEMPTION NO. 1477-O9-2RE1514,RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO 02355469,BEING A PART OF THE NORTHWEST ONE-QUARTER OF SECTION 9,TOWNSHIP I NORTH,RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO;AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9,TOWNSHIP 1 NORTH.RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00•53'08"E A DISTANCE OF 2642.79 FEET. MONUMENTED BY A 2"ALUMINUM CAP STAMPED"LS 25937"AT BOTH THE NORTH ONE-QUARTER CORNER AND AT THE CENTER ONE-QUARTER CORNER BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER ONE-QUARTER CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9, S89°04'48"W A DISTANCE OF 2599.08 FEET.TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 65; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 9,N01°02'59"W A DISTANCE OF 2604.12 FEET,TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK 911 AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OP THE NORTHWEST ONE-QUARTER OF SAID SECTION 9,N89°06'32"E A DISTANCE OF 1776.07 FEET,TO THE NORTHEASTERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09- 2RE1514,RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO.02355469, THE FOLLOWING TEN(10)COURSES: 1. $66°20'55"E A DISTANCE OF 235.88 FEET; 2. 359°25'13"E A DISTANCE OF 99.94 FEET; 3. S55°12'57"E A DISTANCE OF 100.06 FEET; 4 02/13/08 08:55 FAX 3531964 WELD COUNTY CLERK & REC 611006 IeRecorded In0 Weld County, CO Doc Id: 63826 03122/2007 0447 P Receipt34#: 7299278 Page: 5 of 7 Total Fee:$45.00 Steve Moreno, Clerk and Recorder 4. S51°00105"E A DISTANCE OF 99.93 FEET; 5, S46°44'11"E A DISTANCE OF 100.13 FEET; 6. 542°36'22"E A DISTANCE OF 100.00 FEET; 7. 538°18'04"E A DISTANCE OF 99.94 FEET; 8. S30°57'20"E A DISTANCE OF 199.90 FEET; 9. 554°49'34"E A DISTANCE OF 35.03 FEET; 10.N89°04'05"E A DISTANCE OF 45.07 FEET,TO THE EAST LINE OF SAID NORTHWEST ONE-QUARTER.OF SAID SECTION 9; THENCE ALONG SAID EAST LINE, S00°53'0S"E A DISTANCE OF 1912.82 FEET,TO 113E POINT OF BEGINNING. CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES. 5 4014153 05/06/2014 11:41 AM Total Pages: 2 Rec Fee: $16.00 Steve Moreno - Clerk and Recorder, Weld County, CO NO DOCUMENTARY FEE REQUIREDICONVENIENCE DEED EXEMPT FROM REAL PROPERTY TRANSFER TAX/OWNERSHIP CONFIRMATION Bargain and Sale Deed (Parcel G) Know All Men By These Presents, PV WATER HOLDINGS LLC, a Colorado limited liability company, as grantor ("Grantor"), whose legal address is 9033 E. Easter Place, Suite 112, Centennial, Colorado 80112, of the County of Arapahoe, State of Colorado, for the consideration of Ten Dollars ($10) and other good and valuable consideration, in hand paid, hereby sells and conveys to Turnpike Limited Liability Company, a Colorado limited liability company, whose legal address is 4202 County Road 65, Keenesburg, CO 80643, as grantee (the "Grantee"), County of Weld, State of Colorado, the following water rights situated in the County of Weld, State of Colorado,to wit: 5 acre feet of Laramie—Fox Hills water underlying area 9 more particularly described in that certain Colorado Ground Water Findings and Order entered April 14, 2009 in Determination No. 2037- BD, and recorded on September 28, 2009 as Reception No. 3651093 of the books of the Weld County Clerk and Recorder (the "Conveyed Water Rights"). Grantee agrees not to drill their water well(s) within five hundred (500) feet of the Grantor, or its affiliate's water wells which arc depicted on Exhibit A hereto and incorporated herein. Except for the Conveyed Water Rights as above described, Grantor hereby expressly excepts and reserves the remaining 563.40 acre feet of water underlying 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 more particularly described Colorado Ground Water Findings and Order entered April 14, 2009 in Determination No. 2037-BD, and recorded on September 28, 2009 as Reception No. 3651093 of the books of the Weld County Clerk and Recorder. Together with all its appurtenances. Executed effective as of the 3611n day of April, 2014. PV Water I-1 Idings LI,C, a Colorado imited liability company By: _ /7:G.c� oel H. Farkas, Manager -- STATE OF COLORADO ) ) ss. COUNTY OF AI'APAII0EDEAVEie ) The foregoing instrument was acknowledged before me this 3Crk day of April, 2014, by Joel Fl. Farkas,as Manager of PV Water Holdings LLC, a Colorado limited liability company,on its behalf. Witnessmyhand and official seal. M,v:Lr(?1nnlission cxpires: ' 2OI S EA L)) p • Nowt Public` '• • )r' 4014153 05/0612014 11:41 AM Page 2 of 2 Exhibit A PARCE! C toe; i/& VC( 5.• A Indicates Grantor or its affiliate's water well State of Colorado Water Resources- View Well Details: Receipt 3661443 http://www.dwrstate.co.us/WellPermitSearch/View.aspx?receipr36... Colorado Department of Natural Resources Colorado goy r Contact Us ti91-0r21Js b1!1ilz)n It)! J1 r4 f IJfr 1 j Colorado's Well Permit Search Well Constructed Last Refresh:6/23/201412:01:01 AM Receipt: 3661443 Division: 1 Permit is: 292333-- Water District: 1 Well Name/#: County: WELD Designated Basin: LOST CREEK Management District: LOST CREEK Case Number: WDID: (-J Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Preens TURNPIKE LIMITED]]ABILITY COMPANY 4202 WCR 65 KEENESeURG,CO80643- C-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SE NW 9 ION 63.OW Sixth 2160 N 1440 W Northing(UTM y): 4435364.5 Lasting(UTM x): 547214.7 Location Accuracy: Spotted from section lines Physical Address Subdivision Name USR-1686 City/State/ZIP Filing Block Lot Parcel ID: Acres in Tract: 49.78 [-3 Permit Details Date Issued: 08/22/20L3 Date Expires: 08/22/2015 -- —- - - Usets): DOMESTIC Aquifer(s):LARAMIE FOX HILLS Special Use: Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments:4626 CR 65,KEENSEBURG,80643 I-] Construction/Usage Details - --Well Construction Date:04/30/2014 Pump Installation Date:05/29/2014 Well Plugged: 1st Beneficial Use: Elevation DepthPerforated Casing Perforated Casing Static Water Pump (Top) (Bottom) Level Rate 704 545 709 225 15 Lic# Name Address Phone Number Driller 1461 JONES,CHRIS 23275 US HIGHWAY 85 LA SALLE,CO 80645 970-353-3118 Pump 1461 JONES,CHRIS 23275 US HIGHWAY 85 LA SALLE,CO 80645 970-353-3118 Installer [-] Application/Permit History Pump Installation Report Received 06/11/2019 Well Construction Report Received 06/11/2019 Pump installed 05/29/2019 Well Constructed 04/30/2014 Permit Issued 08/22/2013 Application Received 08/20/2013 [-] Imaged Documents Document Name Date Imaged Annotated Pump Installation&Test 06/17/2014 No Well Construction&Test 06/17/2014 No Original File 10/21/2013 No Copyright O 2009 Colorado Division of Water Resources All rights reserved Home I Contact Us I Help I Water Links I Colorada.gov I DNR I Privacy Policy I Transparency Online Project(TOP) I oft 6/23/2014 10:54 AM .OFD 0 DEPARTMENT OF NATURAL RESOURCES �� 2��'_ �d l DIVISION OF WATER RESOURCES 4 _ y John W.Hickentooper 1876 Governor Mike King Executive Director Dick Wolfe,P.E. Director/State Engineer July 10, 2014 Corey Huwa Turnpike LLC 4204 County Road 65 Keenesburg, CO 80643 RE: Application for Change of Determination of Water Right to Appropriate Ground Water from the Laramie-Fox Hills Aquifer (2037-BD), Receipt No. 3665468 Dear Mr. Huwa: Enclosed is a copy of the legal notice to be published in the Eastern Colorado News and Greeley Tribune newspapers as required for the above described applications. If you find any errors or omissions in the notice, please contact this office by phone as soon as possible so that corrections may be made prior to publication. This office will bill you at a later time for the actual cost of this publication. If you have any questions concerning these applications, please contact me at this office. mcerely, ` -th--------- ustina P. Mickelson hysical Science Researcher Scientist Designated Basins Branch Enclosures: a/s Office of the State Engineer 1313 Sherman Street,Suite 818 •Denver, CO 80203•Phone:303-866-3581 •Fax:303-866-2223 www.water.state.co.us BEFORE THE COLORADO GROUND WATER COMMISSION LOST CREEK DESIGNATED GROUND WATER BASIN AND LOST CREEK GROUND WATER MANAGEMENT DISTRICT - WELD AND ADAMS COUNTIES TAKE NOTICE that in accordance with Section 37-90-111(1)(g), CRS, and the Designated Basin Rules, 2 CCR 410-1, the Colorado Ground Water Commission (hereinafter "Commission") is considering applications from Turnpike Limited Liability Company to change the allowed type of use of determination of water right 2037-BD. Determination of Water Right No. 2037-BD was approved by the Commission on April 14, 2009 for allocation of ground water from the Laramie-Fox Hills aquifer, underlying 4,396.2 acres consisting of 19 parcels, consisting 13 noncontiguous Areas of land generally located in the following sections in Weld and Adams Counties: Sections 32, 33, 35, Township 2 North, Range 63 West, Sections 4, 9, 22, 23, 27, 29, 34, Township 1 North, Range 63 West, Sections 2, 3, 10, 11, 15, Township 1 South, Range 63 West, all of the 6th P.M. In accordance with the conditions of the determination, the allowed average annual amount of ground water to be withdrawn shall not exceed the following: 310 acre-feet Area 1, 67.9 acre- feet Area 2, 38.1 acre-feet Area 3, 55.1 acre-feet Area 4, 60.8 acre-feet Area 5, 57.2 acre-feet Area 6, 0.18 acre-feet Area 7, 83.3 acre-feet Area 8, 31.5 acre-feet Area 9, 49.3 acre-feet Area 10, 34.9 acre-feet Area 11, 23.6 acre-feet Area 12 and 55.9 acre-feet Area 13 from the Laramie- Fox Hills aquifer. The ground water was approved to be used on the above described 4,396.2 acres of overlying land and land located in Weld, Arapahoe, Adams and Douglas Counties for the following beneficial uses: Municipal (including domestic, commercial, irrigation and livestock watering), for replacement of depletions and for augmentation purposes. The municipal use will be by PV Water Sanitation Metro District and, by virtue of an Intergovernmental Water Resources Agreement, by South Adams County Water and Sanitation District. The water may be beneficially used by immediate application to beneficial use, by storage and subsequent application to beneficial use, or by way of exchange. Turnpike Limited Liability Company filed an application with the Commission requesting to change the above allowed type of use of 5 acre-feet per year underlying Area 9 (parcel G), located in part of the NW1/4 of Section 9, Township 1 North, Range 63 West of the 6'h P.M., in the Laramie-Fox Hills aquifer to include industrial, irrigation, commercial, replacement, augmentation, pond, domestic and livestock. There is no request to change the allowed amounts of withdrawal, and all other terms and conditions in the Commission's original Orders approving the subject determination would remain in effect. The application is published as required by statute. Favorable evaluation and finding by the Commission are not required prior to publication of a change of water right application, nor should such publication imply that the application might be approved in its present form. Any person wishing to object to the requested changes must do so in writing, briefly stating the nature of the objection and indicating the applicant name and determination number that is the subject of the objection. The objection letter, along with a $10 fee, must be received by the Colorado Ground Water Commission Staff, 818 Centennial Building, 1313 Sherman Street, Denver, Colorado 80203, by August 25, 2014. Colorado Division of Water Resources Application Receipt No 1313 Sherman St Rip 818 Denver,CO80203 Applic'ant's Name (303)866-3581 http//water state cc us/default htrn COMMERCIAL SMALL CAPACITY WELL WATER USE BREAKDOWN WORKSHEET (For Wells Located Within Designated Groundwater Basins) Name and Type of Business It r_v K-E. € l Q ”W r1 /I c r w- 1. Is this application for a new well? Yes No If no, is this application for a change of use for an existing permitted well? Yes Permit Number of well(if applicable) _ No For wells used prior to May 8, 1972 see form GWS-12 Registration of Existing Well for further information. 2. Type of disposal system: Septic tank/absorption leach field - Central System (district name:) Vault(location sewage hauled to:) _ Other(attach copy of engineering design) 3. Water Demand Calculations(for average factors for water demand see below) Employees Number of Employees X Number of Gallons per X Number of Days Employee = Gallons per Year Employee per Day Works per Year 10 O X 1 SO 0 X 2-(e O = 31 0 /90a A Customers Number of X Number of Gallons per X Number of Days Business = Gallons per Year Customers per Day Customer is Open per Year _ 147. X f5b X 74. = `1fi)Aan B Outside Square Feet of X Number of Gallons per X Number of Days landscape = Gallons per Year Irrigated Landscape square foot per day is irrigated 20 0 x y c x 2.4 = T// ,,., C Other Uses- Provide breakdowns for all other substantial water usage(i.e. veterinary clinic, green houses. etc.)_ Type of Use X Gallons per Use per X Days per Year = Gallons per Year Day X X = D Total amount of water required: 05,0OO gallons per year (A+B+C+D) ' .et acre-ft per year (1 acre-ft= 325,851 gallons) For all small capacity commercial wells: 1. The pumping rate shall not exceed 50 gallons per minute and may be further limited by Water Management District Rules. General Guidelines for Water Demand in Gallons per Dav Day Workers at Offices-15 gallons/person/day Food Service Establishments(with toilet and kitchen wastes)-10 gallons/patron/day Churches(does not include food service)-5 gallons/seat/day Overnight Lodging-50 gallons/customer/day Landscape Irrigation-45 gallons/1,000 square feeUday On-Site Proprietor of Overnight Lodging(i.e.on-site owner of a Bed&Breakfast)-80 gallons/person/day Additional water demand figures may be obtained from a private water consultant or from a technical reference on this subject GWS-61 03/03 Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203 (303)866-3581 1461 WELL PERMIT NUMBER 78425 -F - APPLICANT DIV. 8 WD 1 DES. BASIN 5 MD 9 APPROVED WELL LOCATION WELD COUNTY 1/4 1/4 Section 9 TURNPIKE LIMITED LIABILITY COMPANY Township 1 N Range 63 W Sixth P.M. 4202 CR 65 DISTANCES FROM SECTION LINES KEENESBURG, CO 80643- 2160 Ft. from North Section Line 1440 Ft. from West Section Line (970) 381-4042 UTM COORDINATES (Meters,Zone:13,NAD83) CHANGE/EXPANSION OF USE OF AN EXISTING WELL Easting: Northing: CONDITIONS OF APPROVAL Page 1 of 2 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved to use an existing well constructed under permit no. 292333 pursuant to CRS 37-90-107(7)and the Findings and Order of the Colorado Ground Water Commission dated April 14, 2009, August 20, 2013 and August 29, 2014, for Determination of Water Right No. 2037-BD. 4) The pumping rate of this well shall not exceed 15 GPM. 5) The annual withdrawal of ground water from this well shall not exceed 5 acre-feet, subject to the total annual withdrawal limitations and conditions as specified by the above referenced Order of the Commission. 6) The use of ground water from this well is limited to industrial, irrigationc commercial, replacement, augmentation, pond, domestic and livestock . The place of use shall be limited to the 4,396.2 acre land area claimed in the above described Order of the Commission. 7) This well must be constructed to withdraw water only from the Laramie-Fox Hills aquifer. The top of the aquifer is located approximately 545 feet below ground surface and the base of the aquifer is located approximately 790 feet below ground surface. Plain casing must be installed and grouted to prevent the diversion of water from other aquifers and the movement of ground water between aquifers. (NOTE: If coals and/or carbonaceous shales are encountered in the borehole, plain casing and grout shall be installed through these intervals to exclude poor quality water from entering the well.) O 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well shall be constructed within 200 feet of the location specified on this permit. This well shall not be located within 600 feet of another large-capacity well completed in the Laramie-Fox Hills aquifer. 10) A totalizing flow meter or Commission approved measuring device must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner(collected at least) and submitted to the Lost Creek Ground Water Management District and the Ground Water Commission upon request. 11) No more than 98% of the ground water withdrawn annually shall be consumed. The Commission may require well owners to demonstrate periodically that no more than 98%of the water withdrawn is being consumed. APPROVED jJU4J� ) SMJ ' /(27 lxR -1 State Engineer B Receipt No, 3665848 DATE ISSUED 09-03-2014 EXPIRATION DATE 43/44 Receipt No.3665848 WELL PERMIT NUMBER 78425 -F - Page 2 CONDITIONS OF APPROVAL 12) Issuance of this permit cancels permit no. 292333. NOTE:The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines. NOTE:This well is located within the Lost Creek Ground Water Management District where local District Rules apply which may further limit the withdrawal and use of designated ground water as authorized under this permit. Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303)866-3581 1461 WELL PERMIT NUMBER - 78425 -F _ APPLICANT DIV. 8 WD 1 DES. BASIN 5 MD 9 APPROVED WELL LOCATION WELD COUNTY 1/4 1/4 Section 9 TURNPIKE LIMITED LIABILITY COMPANY Township 1 N Range 63 W Sixth P.M. 4202 CR 65 DISTANCES FROM SECTION LINES KEENESBURG, CO 80643- 2160 Ft. from North Section Line 1440 Ft. from West Section Line (970) 381-4042 UTM COORDINATES (Meters,Zone:13,NAD83) CHANGE/EXPANSION OF USE OF AN EXISTING WELL Easting: Northing: CONDITIONS OF APPROVAL Page 1 of 2 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved to use an existing well constructed under permit no. 292333 pursuant to CRS 37-90-107(7)and the Findings and Order of the Colorado Ground Water Commission dated April 14,2009, August 20, 2013 and August 29, 2014, for Determination of Water Right No. 2037-BD. 4) The pumping rate of this well shall not exceed 15 GPM. 5) The annual withdrawal of ground water from this well shall not exceed 5 acre-feet, subject to the total annual withdrawal limitations and conditions as specified by the above referenced Order of the Commission, 6) The use of ground water from this well is limited to industrial, in-igationc commercial, replacement, augmentation, pond, domestic and livestock . The place of use shall be limited to the 4,396.2 acre land area claimed in the above described Order of the Commission. 7) This well must be constructed to withdraw water only from the Laramie-Fox Hills aquifer. The top of the aquifer is located approximately 545 feet below ground surface and the base of the aquifer is located approximately 790 feet below ground surface. Plain casing must be installed and grouted to prevent the diversion of water from other aquifers and the movement of ground water between aquifers. (NOTE: If coals and/or carbonaceous shales are encountered in the borehole, plain casing and grout shall be installed through these intervals to exclude poor quality water from entering the well.) 0 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well shall be constructed within 200 feet of the location specified on this permit. This well shall not be located within 600 feet of another large-capacity well completed in the Laramie-Fox Hills aquifer. 10) A totalizing flow meter or Commission approved measuring device must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner(collected at least)and submitted to the Lost Creek Ground Water Management District and the Ground Water Commission upon request. 11) No more than 98% of the ground water withdrawn annually shall be consumed. The Commission may require well owners to demonstrate periodically that no more than 98%of the water withdrawn is being consumed. • • APPROVED T� SM./ State Engineer By Recei I No 3665848 DATE ISSUED 09-03-2014 EXPIRATION DATE W�/Y��/ Receipt No. 3665848 WELL PERMIT NUMBER 78425 -F Page 2 CONDITIONS OF APPROVAL 12) Issuance of this permit cancels permit no. 292333. NOTE:The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines. NOTE:This well is located within the Lost Creek Ground Water Management District where local District Rules apply which may further limit the withdrawal and use of designated ground water as authorized under this permit. -- -- COLORADO GROUND WATER COMMISSION FINDINGS AND ORDER IN THE MATTER OF AN APPLICATION FOR A CHANGE OF WATER RIGHT TO CHANGE THE TYPE OF USE OF GROUND WATER DETERMINATION OF WATER RIGHT NO. 2037-BD APPLICANT: TURNPIKE LIMITED LIABILITY COMPANY AQUIFER: LARAMIE-FOX HILLS In compliance with Section 37-90-111(1)(g), C.R.S., Turnpike Limited Liability Company (hereinafter "Applicant") submitted an application for a change of determination of water right to change the type of use of ground water under Determination of Water Right No. 2037-BD. Based upon information provided by the applicant and the records of the Division of Water Resources, the Colorado Ground Water Commission (hereinafter "Commission") finds as follows: 1. Pursuant to Section 37-90-107(7), C.R.S., in a Findings and Order dated April 14, 2009 and Amendment dated August 20, 2013, the Colorado Ground Water Commission approved Determination of Water Right No. 2037-BD for PV Water and Sanitation Metropolitan District. This determination of water right allows the withdrawal of ground water from the Laramie-Fox Hills Aquifer (hereinafter "Aquifer"), underlying 4,396.2 acres consisting of 19 parcels, constituting 13 noncontiguous Areas, generally located within the following sections in Weld and Adams Counties: • Sections 32, 33, 35, Township 2 North, Range 63 West, of the 6th P.M. • Sections 4, 9, 22, 23, 27, 29, 34, Township 1 North, Range 63 West, of the 61h P.M. • Sections 2, 3, 10, 11, 15, Township 1 South, Range 63 West, of the 6th P.M. This area is more completely described in Exhibits A and B of the above described Findings and Orders dated April 14, 2009 (hereinafter"Overlying Land"). 2. The applicant provided documentation of ownership of a portion of the water right of Determination of Water Right no. 2037-BD with deed dated April 30, 2014 that conveyed to the applicant 5 acre-feet per year of Laramie-Fox Hills water underlying the 150 acres of area 9, more particularly described in the above Order dated April 14, 2009. Applicant: Turnpike LLC Page 2 Aquifer: Laramie-Fox Hills Determination No.: 2037-BD 3. In accordance with the above Order dated April 14, 2009 and Amendment dated August 20, 2013: a. The allowed average annual amount of ground water to be withdrawn from the Aquifer shall not exceed: Allowed Average Annual Amount of Withdrawal Area (af/yr) 1 310 2 67.9 3 38.1 4 55.1 5 60.8 6 57.2 7 0.18 8 83.3 9 31.5 10 49.3 11 34.9 12 23.6 13 55.9 b. The place of use for this allocation of ground water is the above-described 4,396.2-acre Overlying Land area and land located in Weld, Arapahoe, Adams and Douglas Counties, Colorado. c. The allowed intended beneficial uses for this allocation of ground water are as follows: Municipal (including domestic, commercial, irrigation and livestock watering), for replacement of depletions and for augmentation purposes. The municipal use will be by PV Water Sanitation Metropolitan District and, by virtue of an Intergovernmental Water Resources Agreement, by South Adams County Water and Sanitation District. The water may be beneficially used by immediate application to beneficial use, by storage and subsequent application to beneficial use, or by way of exchange. 4. By an application for change of determination of water right received complete by the Commission on July 7, 2014, the applicant has requested to change the allowed type of use of 5 acre-feet per year underling Area 9 (parcel G), located in part of the NW1/4 of Section 9, Township 1 North, Range 63 West of the 6th P.M., of the subject determination of water right by adding the following: industrial, irrigation, commercial, replacement, augmentation, pond, domestic and livestock. 5. The application does not request a change in the allowed amounts of withdrawal. Applicant: Turnpike LLC Page 3 Aquifer: Laramie-Fox Hills Determination No.: 2037-BD 6. The requested change shall be considered under the same standards as would be used for an application for determination of water right. 7. The above-described 4,396.2 acres are within the boundaries of the Lost Creek Designated Ground Water Basin and within the Lost Creek Ground Water Management District. The Colorado Ground Water Commission has jurisdiction. 8. On July 10, 2014, in accordance with Rule 9.1 of the Designated Basin Rules, a letter was sent to the Lost Creek Ground Water Management District requesting written recommendations concerning this application. No written recommendations from the district were received. 9. In accordance with Section 37-90-111(1)(g) and Section 37-90-112(1), C.R.S., the requested change of determination of water right was published in both the Greeley Tribune and the Eastern Colorado News newspapers on July 18 and July 25, 2014. No objections to the proposed change were received within the time limit set by statute. 10. In accordance with Section 37-90-111(1)(g), C.R.S., and the Designated Basin Rules, 2 CCR 410-1, the Colorado Ground Water Commission finds that the proposed change of determination of water right will not cause material injury to the existing rights of other appropriators within the Lost Creek Designated Ground Water Basin, subject to the conditions in the following Order: ORDER Now, therefore, the Colorado Ground Water Commission orders that the application for change of water right to change the allowed beneficial uses of ground water for Determination of Water Right No. 2037-BD is approved, subject to the following conditions: 11. The allowed type and place of use of the subject determination of water right shall be limited to the following: Municipal (including domestic, commercial, irrigation and livestock watering), for replacement of depletions and for augmentation purposes. The municipal use will be by PV Water Sanitation Metropolitan District and, by virtue of an Intergovernmental Water Resources Agreement, by South Adams County Water and Sanitation District. The water may be beneficially used by immediate application to beneficial use, by storage and subsequent application to beneficial use, or by way of exchange. Additionally, the allowed type of use of 5 acre-feet per year underling Area 9 (parcel G), located in part of the NW1/4 of Section 9, Township 1 North, Range 63 West of the 6°' P.M., includes industrial, irrigation, commercial, replacement, augmentation, pond, domestic and livestock. 12. The Commission's Findings and Order dated April 14, 2009 for Determination of Water Right No. 2037-BD, is hereby amended to incorporate the above change. All other terms and conditions in the Findings and Order and Amendment for Determination of Water Right No. 2037-BD shall remain in full force and effect. Applicant: Turnpike LLC Page 4 Aquifer: Laramie-Fox Hills Determination No.: 2037-BD 13. A copy of this Findings and Order shall be recorded by the Applicant in the public records of the counties in which the overlying land is located so that a title examination of the above described 4,396.2 acres of overlying land area, or any part thereof, shall reveal the existence of this determination. 14. Any existing wells with permits issued pursuant to the original determination, the permitted use of which does not conform to the actual use that will occur under this change, shall require applications for re-permitting in accordance with this approved change. Dated this ZY 111 day of I7u u 3 , 20/y. ' / • By: 7� / Ai ick Wolfe, P.E Keith Vander Horst, P.E. Executive Director Designated Basins Team Leader Colorado Ground Water Commission Prepared by: JPM ChangeF&O2037-BD.doc I\ N. 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