HomeMy WebLinkAbout20140630.tiff SURFACE LEASE
This SURFACE LEASE dated as of this 31'`day of July, 2013 (the "Lease"), is by and
between 70 Ranch, LLC, a Colorado limited liability company, whose address is 8301 E.
Prentice Place, Suite 100, Greenwood Village, CO 80111 (the "Owner"), and DCP Midstream,
LP, a Delaware limited partnership, whose address is 370 I 7th Street, Suite 2500, Denver,
Colorado 80202("DCP").
RECITALS
A. Owner owns certain real property situated in Weld County, Colorado, and more
particularly described as that part of the NW/4NW/4 lying north of CR 388, Section 20,
Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado as depicted on
Exhibit A,attached hereto(the"Property").
B. Owner desires to lease to DCP, and DCP desires to lease from Owner, the
Property on the terms and conditions set forth herein. Owner grants DCP an access easement to
the Property across Owner's other property, the location of which shall be established and
approved from time to time by Owner, which approval shall not be unreasonably withheld. Such
easement shall terminate and revert to Owner upon the expiration or termination of this lease.
The initial location of t c easement shall be as depicted on Exhibit B attached hereto.
AGRFF.MBM
Section I. Lease of Property. In consideration of the rents and covenants to be paid
and performed by DCP and upon the terms and conditions of this Lease, Owner hereby leases to
DCP and DCP hereby leases from Owner,the Property.
Section 2. Term. The term of this Lease shall commence on the date first set forth
above (the "Commencement Date") and shall expire on the last day of the calendar month first
occurring Ten (10)years from the Commencement Date (the "Primary Term"). At the expiration
of the Primary Term, DCP, or any successor in interest to DCP pursuant to the terms of this
Lease, shall have the option to renew and extend this Lease for two (2) additional terms of ten
(10) years each (the "Secondary Terms") upon the terms, covenants and conditions herein
contained. Such right to extend shall be exercised by written notice from DCP delivered to
Owner at least six(6)months prior to the expiration of the Primary or Secondary Term.
Section 3. Rent. DCP covenants and a vrees to pay Owner for the Property, in lawful
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Base Rent shall be due and payable on the first day of each
calendar year during the Term, without offset, deduction or demand. Base Rent for any portion
of a calendar year shall be prorated based on the actual number of days accruing during such
year.
SURFACE LEASE
This SURFACE LEASE dated as of this 31*day of July, 2013 (the "Lease"), is by and
between 70 Ranch, LLC, a Colorado limited liability company, whose address is 8301 E.
Prentice Place, Suite 100, Greenwood Village, CO 80111 (the "Owner"), and DCP Midstream,
LP, a Delaware limited partnership, whose address is 370 17th Street, Suite 2500, Denver,
Colorado 80202("DCP").
RECITALS
A. Owner owns certain real property situated in Weld County, Colorado, and more
particularly described as that part of the NW/4NW/4 lying north of CR 388, Section 20,
Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado as depicted on
Exhibit A, attached hereto (the "Property").
B. Owner desires to lease to DCP, and DCP desires to lease from Owner, the
Property on the terms and conditions set forth herein. Owner grants DCP an access easement to
the Property across Owner's other property, the location of which shall be established and
approved from time to time by Owner, which approval shall not be unreasonably withheld. Such
easement shall terminate and revert to Owner upon the expiration or termination of this lease.
The initial location of the easement shall be as depicted on Exhibit B attached hereto.
AC,REEMEN7
Section 1. Lease of Property. In consideration of the rents and covenants to be paid
and performed by DCP and upon the terms and conditions of this Lease, Owner hereby leases to
DCP and DCP hereby leases from Owner, the Property.
Section 2. Term. The term of this Lease shall commence on the date first set forth
above (the "Commencement Date") and shall expire on the last day of the calendar month first
occurring Ten (10) years from the Commencement Date (the "Primary`Perm"). At the expiration
of the Primary Term, DCP, or any successor in interest to DCP pursuant to the terms of this
Lease, shall have the option to renew and extend this Lease for two (2) additional terms of ten
(10) years each (the "Secondary Terms") upon the terms, covenants and conditions herein
contained. Such right to extend shall be exercised by written notice from DCP delivered to
Owner at least six(6)months prior to the expiration of the Primary or Secondary Term.
Section 3. Rent. DCP covenants and agrees to pay Owner for the Property, in lawful
money of the United States, without offset, deduction or demand fixed rent (the "Base Rent") in
the amount off der year during the
Primary Term wring the
first Secondary Ten iper year
during the second Secondary 1 errn. Ease-Kent matt be due and payable on the first day of each
calendar year during the Term, without offset, deduction or demand. Base Rent for any portion
of a calendar year shall be prorated based on the actual number of days accruing during such
year.
Section 4. Use of Property, DCP's use of the Property shall be limited to the
planning, construction, operation, maintenance, repair and replacement of a natural gas
compressor station(the"Facility"), and all related activities, in compliance with applicable laws.
Section 5, 70 Ranch Conduct.
5.1 The speed limit for vehicles operating on 70 Ranch shall be 20 miles per hour. To
the extent that employees of DCP engage in unacceptable conduct on 70 Ranch Lands,
including as examples and not a limitation, leaving designated roads; being in possession
of firearms or other weapons, clogs, or illicit drugs; driving at speeds that exceed 20 miles
per hour. or other objectively unacceptable or rude behavior to 70 Ranch or its
employees, 70 Ranch may:
5.2 Order the immediate removal of the offending employee or contractor from 70
Ranch, for a period of 24 hours, if the violation is an immediate threat to public safety,
such as possession of illicit drugs or firearms, or conduct which is objectively reckless;
5.3 Notify DCP of its concerns, which notice shall describe in detail the nature of the
conduct complained of and the identity of the individual(s)involved, if known. DCP shall
investigate the basis of the complaint, take such remedial measures as may be warranted
under the circumstances, and notify 70 Ranch in waiting of the measures taken, within 21
days of receipt of 70 Ranch's complaint. DCP shall use all commercially reasonable
efforts to identify the person engaged in unacceptable conduct, and if identified the
resolution of any related issues, and if such person is identified, shall disclose that
identity to 70 Ranch. If the individual has been identified and if there is a reasonable
basis for the complaint by 70 Ranch, any repeat of such conduct by that individual will
result in that individual being barred from DCP's operations on the 70 Ranch Lands. In
such event, DCP shall notify the employer of any such individual that said individual is
not to return to DCP's operations on the 70 Ranch Lands for the reasons underlying the
complaint, and shall bar such individual from all DCP's operations on 70 Ranch Lands,
70 Ranch may install one or more speed monitoring devices to enforce the speed limits
set forth in this Lease. DCP agrees that images or videos generated by such device
supported by 70 Ranch personnel who can attest to the circumstances in which they made
such images or video, and depicting speeding or other unacceptable conduct, will be
deemed to be evidence of such unacceptable conduct.
5.4 With respect only to its obligations to 70 Ranch under this Agreement, DCI' shall
have control and be responsible for the acts and omissions of its contractors,
subcontractors and their employees. while they are present on the 70 Ranch Land,
including their compliance with the terms, conditions and limitations of this Lett.se. DCP
shall therefore be responsible for enforcement of speed limits and other limitations and
requirements of this Lease against them, and solely responsible for any permanent
exclusions of any individual from 70 Ranch Land. Notwithstanding the above, 70 Ranch
may report any such breach to DC?, and notify any individual of a breach, request
immediate compliance with this Lease, and order any person in breach to leave the 70
Ranch Lands for a period of 24 hours in accordance with Section 12.3.1 above. DCP and
70 Ranch shall endeavor to take such enforcement actions in a businesslike and non-
confrontational manner.
Section 6. Real and Personal Property Taxes/Utilities.
(a) From and after the Commencement Date, DCP shall pay or cause to be paid,
without abatement, deduction, or offset, all real and personal property taxes, general and
special assessments, and all other charges, assessments and taxes of every description, levied
on or assessed against(a) the Property, the Facility and the improvements located thereon; (b)
any personal property located on the Property; and (c) the leasehold estate, to the full extent of
installments assessed during the Term. Notwithstanding anything herein to the contrary,DCP
shall be obligated to pay for all development and impact fees for the Facility, and all related
construction and development expenses for the Facility from and after the Commencement
Date. DCP shall make all such payments directly to the appropriate charging or taxing
authority at least fifteen (IS) days before delinquency and before any fine, interest, or penalty
shall become due or be imposed by operation of law for their nonpayment, provided DCP has
received from Owner or otherwise all relevant documentation, assessments and notices from
such taxing authorities (the "Tax Documentation"). Owner shall promptly provide the Tax
Documentation to DCP upon receipt from taxing authorities. All payments of taxes or
assessments or both, including permitted installment payments, shall be prorated for the initial
Lease year and for the year in which this Lease terminates,based on the actual number of days
in each such year that are included in the Tenn. DCP shall not be obligated to pay income
taxes, estate taxes, franchise taxes or any similar taxes imposed on Owner or based on the net
income or value of the assets of Owner.
(b) DCP shall pay directly to the provider of such utilities the cost of any
electrical, gas, water, sewer, telephone and other utilities serving the Improvements on the
Property.
Section 7. Construction of Improvements; Title to Improvements.
(a) Construction. Subject to the provisions of this Lease, DCP may (i) construct or
install on the Property buildings, structures, roads and other improvements and compressors,
pipelines, separators, dehydration units and other gas transmission equipment
("Improvements") reasonably necessary for the Facility; (ii) make such additions, alterations,
changes, and improvements in and to any Improvements now or hereafter on the Property as
DCP may deem necessary or desirable; and (iii) remove, and demolish any Improvements
now or hereafter constructed and erected on the Property by DCP. DCP shall use existing
roads and pipeline rights of way to access the Property to the maximum extent reasonably
possible. DCP may construct or relocate existing roads and driveways on the Property only
with the prior written approval of Owner,. DCP may construct fencing around the perimeter
of the Property as DCP may deem necessary or appropriate to secure or enclose the same and
take other security precautions if it is determined by DCP, in its sole discretion, that such
fencing and/or security measures will reduce such risks of damage, death or injury without
unduly burdening Owner's use of the Property or adjacent property Owner holds any interest
to. The expense for any and all Improvements authorized herein to be constructed by DCP, or
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other security measures taken by DCP, shall he borne solely by DCP. DCP hereby disclaims
any right to create a mechanics lien or other lien against the Property.
(b) Work. All work desired to be done by DCP on the Property shall be done at
the sole cost and expense of DCI', shall be performed in a good and workmanlike manner,
free of mechanics' and materialmen's liens. At all times during the Term, DCP shall keep the
Property and the Improvements free of mechanics and materialuren's liens and other liens of
like nature arising out of DCP's actions. DCP covenants and agrees to indemnify, defend and
hold Owner harmless from and against any losses or expenses, including attorneys' fees,
resulting from any and all mechanics' or materialmen's liens or any other liens against the
Property by any supplier for any work performed during the entire term of this Lease, except
any work performed at the request of Owner or its agents.
(c) Consultation. Prior to any heavy equipment operations on 70 Ranch Lands,
DCP will meet and consult with 70 Ranch no less than seven (7) days prior to the scheduled
construction. The parties agree that 70 Ranch shall have the right to review and approve
DCP's initial Use By Special Review and any subsequent amendments thereto.
(d) Title to Improvements. All Improvements placed or erected upon the Property
by DCP, and all personal property situated herein shall, during the term of this Lease and any
extension or renewal hereof shall vest exclusively in DCI', and DCI' shall have the right in
DCP's sole discretion to remove prior to the expiration or termination of the Term any such
Improvements. Upon the termination of this Lease for any reason, whether by expiration of
the term or otherwise, the title to the portion of any Improvements then situated on the.
property and not yet removed by DCI', including roads, gravel, road base, buildings, concrete
loundations:, ponds and bulled pipelines abandoned in place, shall, at Owner's option within
its sole discretion forthwith vest in and he the sole property of the Owner, free of any right,
title, interest, claim, or demand of the DCP, or of anyone claiming through or under DCP,
provided, however, that DCP shall have the right, by written notice delivered to Owner prior
to the date of such termination or expiration, to reserve title in and to any tanks, compressors,
separators, dehydration units and other oilfield equipment and appurtenances on the Property ,
which Improvements DCP shall remove in any event no later than 180 days after such date of
termination or expiration and for which purpose DCP shall retain a limited license to access
the Property. DCI' shall remain liable for the payment of rent during such period until such
time as DCP removes the Improvements. If DCP fails to remove any such Improvements
within such I80- day period, title to such Improvements shall, at Owner's option within its
sole discretion forthwith vest in and be the sole property of the Owner, free of any right, title,
interest, claim, or demand of the DCP, or of anyone claiming through or under DCP. In the
event Owner chooses not to accept title to any Improvements abandoned on the Property by
DCP as described above, DCP shall, upon written notice from Owner specifying the
Improvements to be removed, remove all such specified Improvements and return the
Property as near as reasonably possible to the condition it was in on the date of this
Agreement, including, without limitation, the grading and successful reseeding of the
Property, provided that DCP shall be not be obligated to remove footers, foundations or
pipelines in the ground beyond an 18 inch depth. DCP shall have a limited license to access
the Property to accomplish the foregoing, as necessary.
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(e) Further Assurances. Upon the expiration or termination of the Tenn and
Owner's exercise of rights pursuant to (c) above, DCP shall execute and deliver to Owner
such instruments as Owner shall reasonably request to transfer the Improvements to Owner
and to confirm Owner's ownership thereof.
Section 8. Land Use Approvals. In order to construct and operate the Facility, DCP
will need to obtain certain governmental land-use approvals, including a subdivision exemption
and a use by special review permit (the "Land-Use Approvals"). Owner agrees to reasonably
cooperate with DCP in obtaining the Land-Use Approvals, provided Owner does not incur any
cost or charge in doing so. In the event DCP fails to obtain the Land-Use Approvals within
fifteen (15) months from the date of mutual execution of this Lease, DCP shall have the right to
terminate this Lease upon thirty (30) day written notice to Owner, and the parties shall have no
further rights or obligations hereunder, except as expressly survive expiration or termination
hereof.
Section 9. Maintenance of Improvements. DCP shall, throughout the term of this
Lease, at its own cost, and without any expense to Owner, keep and maintain the Property,
including all Improvements and all appurtenances to the Property used by DCP, in good, sanitary
and neat order, condition and repair, and, except as specifically provided in this Lease
Agreement, restore and rehabilitate or remove, at DCP's election, any Improvements of any kind
that may be destroyed or damaged by fire, casualty, or any other cause whatsoever pursuant to
criteria consistent with typical business practices of prudent operators of similar facilities.
Owner shall not be obligated to maintain or make any repairs, replacements or renewals of any
kind, nature or description, whatsoever to the Property or any Improvements. DCP shall
maintain the Property to ensure that any ground disturbed by DCP's use of the Property is
revegetated with grass or covered by other material mutually agreeable to the parties to minimize
dirt and sand movement and water erosion. In the event DCP removes the Improvements, DCP
shall have the obligation to reasonably restore the Property to the condition it was in at the
commencement of the Lease, including revegetation of grass and placement of ground cover to
minimize dirt and sand movement and water erosion.
Section 10. Limitation of Liability; Indemnification. Owner shall not be liable for
any loss, injury, death or damage to persons or property that at any time may he suffered or
sustained by DCP by any person whosoever may at any time be possessing, controlling, using,
occupying or visiting the Property or Improvements or be in, on, or about the Property or
Improvements, whether or not the loss, injury, death or damage shall be caused by or in any way
result from or arise out of DCP's possession or use of the Property, DCP's operations or
activities on the Property, or any act, omission, or negligence of DCP or of any occupant,
subtenant, visitor, invitee or user of any portion of the Property or Improvements. DCP shall
defend, indemnify and hold harmless Owner against any and all claims, liability, loss, expense
(including, without limitation, reasonable attorney's fees and costs) whatsoever on account of
any such loss, injury, death or damage. DCP waives all claims against Owner for damages to the
Improvements and facility that are now on or hereafter placed or built on the Property and to the
property of DCP in, on or about the Property, and for injuries to persons or property or death in
or about the Property or Improvements, from any cause arising at any time. This Section 9 shall
not apply to loss, injury, death, claims or damage arising by reason of the negligent or reckless
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act or omission of Owner, or Owner's agents, employees, invitees or anyone else acting by,
through or under Owner.
Section 11. Environmental Matters.
(a) Compliance with Laws. DCP shall, and shall cause its agents, employees,
contractors and invitees to, use the Property and conduct any operations on the Property in
compliance with all applicable Environmental Laws. As used herein, "Environmental Laws"
means, as of the Commencement Date, any federal, tribal, state, local or foreign law (including
common law), statute, rule, regulation, requirement, ordinance and any writ, decree, bond,
authorization, approval, license, permit, registration, binding criteria, standard, consent decree,
settlement agreement,judgment, order, directive or binding policy issued by or entered into with
any national, state, local, native, or tribal government or any subdivision, agency, court,
commission, department, hoard, bureau, regulatory authority, or other division or instrumentality
thereof pertaining or relating to: (I) pollution or pollution control, including storm water; (2)
protection of human health horn exposure to Hazardous Substances or protection of the
environment; (3) employee safety in the workplace; or (4) the management, presence, use,
generation, processing, extraction, treatment, recycling, refining, reclamation, labeling, transport,
storage, collection, distribution, disposal or release or threat of release of hazardous Substances.
"Hazardous Substances" shall mean any and all hazardous or toxic substances, hazardous
constituents, contaminants, wastes, pollutants or petroleum (including, without limitation, crude
oil or any fraction thereof), including, without limitation. hazardous or toxic substances,
pollutants and/or contaminants as such terms are defined in applicable Environmental Laws;
asbestos or material containing asbestos; and PC13s, PCB articles, PO13 containers, PCB article
containers, PCB equipment, POD transformers or I'CB-contaminated electrical equipment (as
such terms are defined in Part 761 of Title 40, Code of Federal Regulations), or any waste,
substance, product, or other material which is otherwise regulated or restricted under any
l nvironmental Law.
(b) Normal Use. No Hazardous Substances shall be generated, treated, stored or
disposed of, or otherwise deposited in or located on the Property other than the normal use of
Hazardous Substances typically used by businesses engaged in the types of activities authorized
by this Lease provided that any such use shall be in full compliance with all applicable
Environmental Laws.
(c) Survival. The obligations of DCP set forth in this Section 10 shall survive the
Term or earlier termination of this Lease or the exercise by Owner of any of its remedies
hereunder.
Section 11. Insurance. DCP shall, during the entire Tenn, keep in fill force and
effect, solely at DCP's cost and expense, all of the applicable insurance coverages set forth
below:
(a) A policy of commercial general liability insurance and excess liability insurance
with respect to the Properly and the activities of DCP thereon, for which the limits of not less
than Two Million and no/100 Dollars ($2,000,000.00) per occurrence combined single limit
bodily injury, sickness or death and loss of or damage to Property, naming Owner as an
additional insured. Such coverage shall include a broad form general liability endorsement.
(b) Statutory worker's compensation insurance and employer's liability insurance.
(c) Automotive liability insurance covering owned, non-owned or hired vehicles
affording minimum coverage of One Million and no/100 Dollars ($1,000,000.00) per occurrence
combined single limit bodily injury or death and loss of or damage to property.
(d) If not otherwise covered under (a) above, coverage for pollution liability with
minimum limits of Two Million and no/100 Dollars ($2,000,000.00) to cover bodily injury;
property damage, including natural resource damage, cleanup costs, removal and disposal,
covering both sudden and gradual pollution conditions resulting from the escape or release of
petroleum or natural gas, or by products from the exploration or production of the same.
Any or all of the above coverages may he satisfied by purchasing commercial insurance or
through self-insurance.
Section 12. Casualty. If the Facility or Improvements, if any, or any portion thereof,
shall be damaged or destroyed by fire, casualty or the elements, this Lease shall continue in full
force and effect,without any abatement of or reduction in the Base Rent payable hereunder.
Section 13. Condemnation. In the event that all or a part of the Property is taken by
eminent domain or conveyed in lieu of eminent domain, if the Property cannot reasonably be
used by DCP for their intended purpose (a "Total Taking"), then this Lease will terminate
effective as of the date that the condemning authority shall take possession of the same. In the
event of a taking which does not prevent DCP from using the Property for their intended
purposes (a "Partial Taking"), this Lease shall not terminate but shall continue in full force and
effect without modification to Base Rent or other obligations hereunder. In the event of either a
Total Taking or a Partial Taking, Owner shall he entitled to retain all portions of any
condemnation award except to the extent expressly allocated to the value of the Improvements or
DCP's leasehold estate, and DCP shall be free to seek such separate condemnation award for
DCP's interest in the Improvements or leasehold estate as DCP deems to be appropriate.
Section 14. Assignment and Subletting. DCP shall not assign (in whole or in part), or
otherwise encumber this Lease, nor sublease all or any part of the Property, without Owner's
prior consent, which consent shall not be unreasonably withheld or delayed. No such assignment
or sublease shall release DCP from its obligations hereunder unless specifically set forth in
written agreement executed by Owner.
Section 15. Quiet Enjoyment.
(a) DCP, upon paying the Base Rent and all other sums and charges to be paid by
it under this Lease, and observing and keeping all covenants, warranties, agreements, and
conditions of this Lease on its part to be kept, shall quietly have and enjoy the Property during
the term of this Lease, without hindrance or molestation by anyone claiming through or under
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Owner, subject to all hens, encumbrances, easements, restrictions and other matters of title
existing as of the date hereof(the "Permitted Exceptions").
(b) Owner represents and warrants to DCP that it has not created any burdens or
encumbrances on the Property that would interfere with the purposes of this Lease, and that it
has the power and authority to execute and deliver this Lease and to carry out and perform all
covenants to be performed by it hereunder.
Section 16. Defaults.
(a) The following events (each an "Event of Default") shall constitute defaults on the
part of the DCP with respect to its obligations hereunder:
(1) The failure to pay any amount due hereunder when the same shall become
due, and the continuance of such failure for a period of thirty (30) days after written notice of
such default has been given by Owner to DCP.
(2) The failure to observe or perform any other material covenant, agreement,
or obligation herein contained on the part of DCP to be observed and performed, and the
continuance of such failure for a period of thirty (30) days after written notice thereof has been
given by Owner to DCP or, if such failure, because of its nature, cannot be cured completely
within thirty (30) days, the failure to conunence the correction of such failure within such thirty
(30)days or the failure to diligently prosecute the correction of such failure.
(3) The filing or execution or occurrence of: (i) a petition in bankruptcy by or
against DCP; (ii) a petition or answer seeking a reorganization, arrangement, composition,
readjustment, liquidation, dissolution or other relief of the same or different kind under any
provision of the Federal Bankruptcy Code or any state bankruptcy or insolvency law; (iii)
adjudication of DCP as a bankrupt or insolvent; (iv) an assignment by DCP for the benefit of
creditors whether by trust, mortgage, or otherwise; (v) a petition or other proceeding by or
against DCP for, or the appointment of, a trustee, receiver, guardian, conservator or liquidator of
DCP with respect to all or substantially all its property; or (vi) a petition or other proceeding by
or against DCP for its dissolution or liquidation, or the taking of possession of the property of
DCP by any govenunental authority in connection with dissolution or liquidation.
(b) Upon the occurrence or existence of an Event of Default, Owner may at any time
thereafter while such Event of Default continues:
(I) Subject to compliance with Section 16(b)(4), below, give a written
termination notice to DCP, and upon the date specified in such notice, the Term of this Lease
shall expire and terminate, and all rights of DCP under this Lease shalt cease without the
necessity of reentry or any other act on Owner's part. No act by or on behalf of Owner, other
than giving DCP written notice of termination, shall terminate this Lease. Upon any termination
of this Lease, DCP shall quit and surrender to Owner the Property in accordance with this Lease.
If this Lease is terminated, DCP shall be and remain liable to Owner for damages as hereinafter
provided and Owner shall be entitled to recover forthwith from DCP as damages an amount
equal to the total of: (i) all costs, fees and expenses incurred by Owner (including reasonable
attorney's fees) in regaining possession of the Property; plus (ii) any and all amounts payable
hereunder by DCP as of the date on which Owner regains possession of the Property; plus (iii)
all other amounts necessary to compensate Owner fully for all damage caused by DCP's default,
subject to any duty of Owner under applicable law to mitigate; plus (iv) interest at the rate of
twelve percent (12%)per annum on such items(i)—(iv) (the stun of items (i)—(iv)is referred to
herein as the "Default Rent").
(2) Owner's exercise of any or all of the remedies set forth in this Section
shall not in any way restrict Owner's right to exercise any or all available remedies at law and in
equity.
(3) Subject to compliance with Section 16(b)(4), in the event of any
termination of this Lease by its terms or by operation of law, DCP, so far as permitted by law,
waives(i) any right of redemption, re-entry or repossession, and (ii) the benefits of any taws now
or hereafter in force exempting property from execution for rent or for debt.
(4) Notwithstanding anything to the foregoing in this Section 16(b), Owner
and DCP acknowledge that DCP intends to invest substantial capital and time in the
Improvements and operations on the Property and, as a result, termination of this Lease, or
repossession by Owner of the Property may result in a substantial hardship to DCP.
Accordingly, prior to any termination of this Lease by Owner or repossession by Owner of the
Property, Owner and DCP agree first to try in good faith to settle the dispute by mediation at the
election of DCP. The pasties shall use a mediation expert reasonably acceptable to both sides and
shall convene the mediation at a location mutually acceptable to the parties in the State of
Colorado. The costs of mediation shall be borne equally by the parties. In the event the parties
are unable to resolve the dispute by mediation through the exercise of good faith efforts by the
date that is thirty (30) days from the occurrence of the Event of Default, then Owner shall be
entitled to pursue the remedies set forth in this Section 16(b) and Owner shall be entitled in the
pursuit of such remedies to recover the costs of mediation incurred by Owner hereunder.
Section 17. Waivers, Failure of Owner or DCP to complain of any act or omission on
the part of the other party, no matter how long the same may continue, shall not be deemed to be
a waiver by said party of any of its rights hereunder. No waiver by Owner or DCP at any time,
express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a
breach of any other provisions of this Lease or a consent to any subsequent breach of the same or
any other provision. No acceptance by Owner of any partial payment shall constitute an accord
or satisfaction but shall only be deemed a part payment on account.
Section 18. Force Majeure. In the event that Owner or DCP shall be delayed in,
hindered in, or prevented from the performance of; any act required hereunder by reason of
strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive
governmental laws or regulations, riots, insurrection, war or other reason beyond their control,
then performance of such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the period of such delay.
Section 19. Notice. Every notice, approval, consent or other communication
authorized or required by this Lease shall not be effective unless same shall be in writing and
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personally delivered or sent postage prepaid by United States registered or certified mail, return
receipt requested, addressed to the other party as follows:
As to Owner: 70 Ranch, LLC
8301 E. Prentice Place, Suite 100
Greenwood Village, CO 80111
As to DCP: DCP Mainstream, LP
370 17th Street Suite 2500
Denver, CO 80202
Phone:(303) 605-1730
Attn: General Counsel
Either party to this Lease may from time to time change its address for receipt of notice and other
communications by giving notice to the other party in writing and in accordance with the
procedure set forth above in this Section,
Section 20._ Certificates. Either party shall without charge at any time and from time
to time, within thirty (30) days after written request of the other, certify by written instrument
duly executed and acknowledged to any mortgagee or purchaser, or proposed mortgagee or
proposed purchaser, or any other person, am or corporation specified in such request: (i)
whether this Lease has been supplemented or amended and if so the substance of the supplement
or amendment; (ii) whether the Lease is in full force and effect; (iii) whether any default exists
under this Lease; (iv) whether any offsets, counterclaims or defenses exist; (v) the
commencement and expiration dates of the Term; and (vi) with respect to any other matters
reasonably requested. Any certificate may be relied upon by the party requesting and receiving
it.
Section 21. Governing Law. The terms and conditions of this Lease shall be
governed, interpreted, constructed, regulated and enforced by the laws of the State of Colorado.
Section 22. Partial Invalidity. If any term, covenant, condition or provisions of this
Lease or the application thereof to any person or circumstance shall at any time or to any extent
be invalid or unenforceable, the remainder of this Lease or the application of such teen or
provision to persons or circumstances other than those to which it is held invalid or
unenforceable shall not be affected and each term, covenant, condition and provision of this
Lease shall be valid and be enforced to the fullest extent permitted by law.
Section 23. Entire Agreement, No oral statement or prior written matter shall have
any force or effect. DCP agrees that it is not relying on any representations or agreements other
than those contained in this Lease.
itl
Section 24. Parties. Except as herein otherwise expressly provided the covenants,
conditions and agreements contained in this Lease shall bind and inure to the benefit of Owner,
DCP and their respective successors, administrators,heirs and assigns.
Section 25, Recording. Upon the mutual execution and delivery of this Lease, DCP
shall have the right to record a Memorandum of this Lease in form reasonably satisfactory to
Owner in the Clerk and Recorder's Office of Weld County, Colorado, provided that Owner may
record this Lease at any time subsequent to six months from the date hereof.
Section 26. Voluntary Termination Right. Notwithstanding anything to the contrary in
this Lease, DCP shall have the right at any time to terminate this Lease upon not less than six (6)
months prior written notice and payment of one (1) year's rent to Owner. Upon the date of
termination specified in such written notice from DCP,this Lease shall terminate and the parties
shall have no further rights or obligations hereunder, except as expressly survive expiration or
termination hereof In the event DCP terminates this Lease, DCP shall have the obligation to
reasonably restore the Property to the condition it was in at the commencement of the Lease,
including revegetation of grass and placement of ground cover to minimize dirt and sand
movement and water erosion.
(signatures on next page)
11
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands as of the day
and year first-above written.
OWNER: 70Raorlt. L LC
(,.
By:
It'the rt A. I cmblo:
Title: Manager
DCP: DCP Midstream, LP,
a Delaware limited partnership
By: =
Name: /,.. -a "5/1,f e-nA,
12
STATE OF COLORADO )
) ss.
COUNTY ON �ir"d�'Q 4��r_ )
z!,1The foregoing instrument was acknowledged before me this -;',2; day of
, 2013, by Robert A. Lembke as Manager of 70 Ranch, TLC..
Witness my band and official seal.
My commission expires: ?)±i/ - -
STEPHANIE RUIZ NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014024457 Notary Public
AY COMMISSION EXPIRES 9/3012013
(SEAL)
STATE OF COLORADO )
) ss
COUNTY OP WELD
The foregoing instrument was acknowledged before me this T_ O1 I-ItT:ls'L I
2013, by .• I its _.1J [21i 1 / i 1 Li t of
DO' Midstream, LP, a Delaware limited partnership.
Witness my hand and official seal.
My commission expires: — r- ./1 fr. _
Notary Public
(SEA f,)
AMANDA EWING
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20114024382
MY COMMISSION EXPIRES APRIL 20, 2015
I',
EXHIBIT A i
SECTION 20,TOWNSHIP S NORTH,RANGE 63 WEST OF
THE 6TH PRINCIPAL MERIDIAN,WELD COUNTY,STATE OF COLORADO
II
NW CDR. SEC, 2O N 1/4 SEC. 70
;-FOUND 3-1/$' ALUM. CAP FOUND 3-I/4" ALUM. [AP .
STAMPED "L6 10855" STAMPED IS 32642' I.
DASIS OF BEAIUNGS •
•
, .•
D1
NOR UNE OF THE N W 1/4 OF tiFd_ 'GO 1
NORM
1 ! _ N5853.48'E 2711.28'
1355.64' 1355.67 �. . . _.._
J
70 RAYIthP LI,C
1
•
Is
m r1
lj -::
NW 1/4 NW 1/4, SEC. 10 '3 '�;
Q 41192 61 SQ. FF, X7.
l Hi ACRES) e 1
•
I
K, I
Thi
, N
II 1347.47' 1317.47' 1
y, 2,94.'34' -I l
,u,
I Jll Ifl 9A In
iv .9
II
EXIS IINTS GRAVEL :a
1 --"F ACCESS ROAD I�
1 I -'
I
I
'I
_ ___ I3:19.11' I SSB._'L
1 W 1 4 S $69D5'07-W 2678.62' - _
EC. 20
- FOUND 3-1/4" ALUM. [AR G I/+ SL C„ 2O •
�'
STAMPED 'L5 10855" FOUND 3-I CD • .
ST3. CAPSTADFED "LS 335-I:'
I
SUREFETCTIT'SSTAIEMLUr
+L p 10.111l IL 'L,APIf r 4H Nt LAIN TAT I or L[LO?ADD L)I_CREBI'I,HA Ir.I+iT-Ellis IN Hoff%FIT 5EFFEA T1 I'Irlll1 I,
StII _H OU IOll <II1°111E t Otlfl I CV JUNE.70i3 I AI SOSIAll.11 IAT T1 SFIT EBITIS IS.,
1 A[AND SURVEY PLUM IWPFhf f,iLIFMY P LA f MD IS❑on,)Ft..REDID UPDII
T 111 t T NC I.l51,TI 11 OF FULL s,T WilIGS.OR 01HE Ir F[II UPE EINFCNICFNI.13•
= of Scale: 1" 500'
f H 11r:;h, '. - SG- _ -000' I)
��
_ 50
41 -.r ! 11 ;) ��E e7,;-'1 FEET i I
I
CONTAINING AN AREA OF 1,750,1615OUARE FEEFOR 40752ACR tr
ES,MORE OR LESS I
r lF
1 'Min( HIPff V.'A FI VL D Vol IHIiUf i 11
I.
DTI'MT OF A TI71.E COMM]M Nu AND
II 110110IIF I W WRYLY GO HAS NOT -_
FESFROIIEU DR 91(Y11 Al IYol I ICR ' `
DU 15000
&QUI ,r RIGHI -04 V.AI VARVIKE MO
c
' TA<M1 VEF]ILIRS CrF COFIU CCEPi A$ �AIl�S[127 7) RC G01]
srury lH RE ,r+ _— _ ATE 5DO2C912]
7.TIIECEMRINGS SHOWN i4Oft'oll warnPARCEL EXHIBIT
PITFADLI51@O ire'COP ORNJO SLATE PLATE: 70 RANCH LLC
norm I I'M IN A!.L WS TAFIGES SHO'M'111FRGOrI
ARE NISIMCFS AND ARE IN U.S.SDRVT-Y
I THE NW1140E 1116 N{4 qQ 0F6EC➢IXl rl,iDNN51iI P5NORM,
CET..TO TO(IBTAIN OP.(1lrND OrSTN:GF51AlJLT1T'Ll'
SAL UC;GIVEN I:ER[orl D!I V*i55 I MT RNiaf.61 YfcSi,41H P,1,1-,1VcLD GJU'if{Col OiU[A
DRAWN El:DAY 0.10/2013 - -__I B.THIS EXHIBIT IS NOT A(ANDSURVEY PLAT,OR _ _ IfEu'.I [TN 0/01/613
I AN IMPROVFAIENTSURVEV PLAT. H H As I WELD I10 W[D C01,¢'I FL;fif1$TATON 1- -
fALg1fY,COLORADO 1a1
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company, Inc. hereby certifies that it has made a careful search of its
records and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION
The Northwest Quarter(NW Y.) and the South Half(S Y) of Section 20, Township 5 North, Range
63 West of the 6t" P.M., County of Weld, State of Colorado, EXCEPT that portion conveyed to the
Riverside Reservoir and Land Company in Warranty Deed recorded in Book 401 at Page 237,
described as follows:
Beginning at a point 200 feet South, 87 degrees 25 minutes East of Station C of the right-of-way
of the Feeder Ditch of the Riverside Reservoir from whence the Northwest corner of said Section
20 bears North 3 degrees 19 minutes West 4492 feet, thence running in an Easterly direction
along the Southern boundary of the right-of-way of said Feeder Ditch 750 feet to a point on the
Southern boundary of said right-of-way; thence running due Sue 550 feet, more or less, to a point
on the North bank of the South Platte River; thence running in a northwesterly direction along the
North bank of the South Platte River to the place of beginning.
CONVEYANCES (If none appear, so state):
Reception No. 1336913 I Book 1565 Page 348
Reception No. 1487701 Book 566
Reception No. 2014540 I Book 1161
Reception No. 2183347 I Book 1236
Reception No. 2985198 Book
[ Reception No. 3001344 Book
I Reception No. 3052787 J Book
Reception No. 3137261 I Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited
to the fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be
signed by its proper officer this 23rd day of October, 2013, at 7:00 am.
Order No. H0387090
Heritage Titlefeotnpany, Inc.!By: 6r"
Authorized Signatory 11
�800K1565 PAGE348 Re,. dc.:, (/,r::- •
E:._. ...,:�...._�--P. _
... '����
ist. No133601.3Ann Spomarr, Re ord e
EXECUTOR'S DEED
THIS INDENTURE, iiarle this 26th day of August, in the
year of Our Lord one thousand nine hundred sixty, between
Horatio S. Ramsey as Executor of the Estate of Eva S. i:ordloh,
Deceased, party of the first part, and Harold 0. Peterson and
Vera Peterson, of the County of Weld, State of Colorado,
parties of the sec nd part, as Joint Tenants.
7ITNrESSETF THAT:
V WHEREAS, the said Eva S. Nordloh did will and direct 17
�\, that the following-described real property should on death of
said Eva S. iordlo_h become the property of second parties, to-wit:
All of Sections Nine (9) , Seventeen (17) and Twenty-
one (21) ; the Northwest Quarter (K4) of Section
Twenty (20) ; the South Half (S:'_) of Section Twenty (20) ,
except five acres off the s`f,. of said section described.
as follows:
Beginning at a point 200 feet South, 87 degrees
25 minutes Last of Station C of the right-of-way of the
Feeder Ditch of the Riverside Reservoir from whence the
Northwest corner of said Section 20 bears North 3 de-
grees 19 minutes Jest 4492 feet, thence running in an
Easterly direction along the Southern boundary of the
right-of-way of said Feeder Ditch 750 feet to a point
on the Southern boundary of said right-of-way; thence
running due South 550 feet, more or less, to a point
on the North bank of the South Platte River; thence
running in a Northwesterly direction along the Forth
bank of the South Platte River to the place of the
beginning.
The North Half of the Southeast quarter (PSE4) and
the North Half of the Southwest Quarter (NOSY; ) of
Section Eighteen (is) All in Township Five (5) Horth,
Range Sixty-three (63) rest, County of Weld, State of
Colorado.
Twenty-five hundred eight (250$) acres of rolling sand
hill grass land.
Forty (40) acres of farm land with improvements.
co
(consideration less than y?100)
tr,
Boa 565 Pnce 349
AND WHEREAS, the said Last Will and Testament of said
decedent dated April 8, 1957, was admitted to probate and
record by the County Court of Arapahoe County, State of Colo-
rado, and which will provides:
ARTICLE V.
"I hereby authorize and empower my executor
or his successor to retain the whole or any part
of my estate in the same securities or other pro-
perty in which it may be invested at the time of
- my death, or he may continue to operate any busi-
ness in which I may be engaged, and whenever in
the administration of my estate , he- shall deem it
advisable, then to sell at private or public: sale,
the whole or any part of my estate, both real and
personal, without appraisethent, without additional •
bond and without order of Court , and to execute
and deliver good and sufficient deeds, bills of
sale or other instruments of transfer, and that no
purchaser at any such sale, shall be bound to see
to the application of the purchase money."
Alit NEEREAS, the party of the first part was duly
appointed Executor of said estate on February 4, 1958 by said
County Court of 'Arapahoe County and State of Colorado, and
said appointment is now in full force and effect.
11 :D WHEREAS,
:ris, it. was the intention of said teStaLr1x to
transfer, bequeath and devise all of her real property as above
described, together with all water, water rights, irrigation
rights, ditches and ditch rights appurtenant to or used upon
the above described real property, and whereas the said
decedent owned certain water, irrigation 'and ditch rights
which were used upon the- above described property.
NOW THEREFORE, this indenture witnesseth, that the said
party of the first part , in consideration of the premises and
the further consideration of the sum of One (•)1.00) Dollar to
•
B00K1565 PAGE350
him in hand paid by the said parties of the second part, the
receipt of which is hereby acknowledged, has sold and conveyed,
by these presents does sell and convey unto the said parties
of the second part , not in tenancy in common but in joint
tenancy, 'the survivor of them, their assigns and the heirs and,
assigns of such survivor forever, all the right , title , -interest
and estate which the said Eva S. Nordloh had in her lifetime
in and to the following-described water, ditch and irrigation
rights which were appurtenant to the above-described lands ,
to-wit :
4/23 of a 23/2$ths share (or 1+ cubic feet ) of that
certain appropriation of water from the South Platte
River as decreed to the ':iardin Ditch, priority
No. 24, together with two shares of the capital
stock of the Union Reservoir Company, together with
such rights as decedent may own in the Hoover Ditch.
• TO HAVE AND TO HOLD THE SALE, with all the appurtenances
thereunto belonging , or in anywise appertaining, to the proper
use , benefit and behoof of the said parties of the second part ,
the survivor of them, their assigns, and the heirs and assigns
of such survivor forever, except any taxes , liens , assessments
or encumbrances of record, if any.
IN 'NIThESS HEREOF, the said party of the first part ,
as Executor of the said estate as aforesaid, has hereunto set
his hand and seal the day and year first above written .
7 pp C
�x�l2T J, "f„.rlr-�zt
As Executor of the Estate ova S.
Nordloh, Deceased.
B00K1565 PAGE 351
STATE CF COLORADO )
) ss .
County of Arapahoe)
The foregoing instrument was acknowledged before me
this 26th day of August , 1960 by Horatio S. Ramsey, as Executor
i1t3he' � state of Eva S. Nordloh, Deceased.
.. ^
z- ' nau•T � � -conssion expires: October &, 1961.
;\ ,;�
-, E. 'C mess my hand and official seal .
Notary Public
Emdd ,/a:•so(ryI�L
CP. W aPRz51966 f
•
. 1411/ 1 Mt Na 1 A+n sp.,„„. R ..J I
. omit 566
a MENI OF "r^ STATE OF COLORADO
LOU__ N AND wu FARE
ono
•
i. STANDARD CERTIFICATE OF DEATH Homo,.H., 151 238
I f
_weld_
r Colorado - Veld n l,rw .mr .n orlon .R ' .r�^e
• CITY town,OR vornrmx
I— a ,,
.•n Cl r..re.Ley__ ri.,,,-_days_-_ -Ynrat yluxn .
ri"""rt"Weld_County_General_llos Dltal. I ___Routs 1_lins 19
1 nol I 8tTI x.nrF Yr•r r I' u„Arla M n.r
I J % ...r x.rr.n l D'�r ur n ^� !4 14
Male IA Ic •I 'R 31,lnu..l 661.—.
o • .- ..._r I •Ju July 4y 1911 AE . x.nw I n..:•I Ir ^:•�win
M.
d+r t C
Former_fi ocher rr_[mil I.wa. ._n, orad. n n.....I Woo I .,m.
II •r r, Nano
n¢ Yampa�GalDrado_ JrBA
!.__ Magnus Peterson i. N^'n..,s..... N..,a r. ...L.......r...r..J'—_ _. — .. __ -- Anna Eichncr _
N l..r. Inlr xn r Ixronx.xr .a.,,,,
II_ I571-16-207 .. AND ..
i"iii
I .
Acute Pulmonary edema a w -r.rn
r.:•••„•.,..,... I..
.. l . I , Generalized Carclnomatosfs
+a a.e. Squemone carcinoma of esophagus I month
^ °1 or
nib "MO... ,^,.Troll^• I.,••e w,,.r.•.1.,I.I.....1.'•,1.....mar..inv.In _2.Co 6 moachu_II C °• u^TIrar le N,,mn Om Inr.rr nrrvrr., n,,,.I In Port I y ft m• . %
n:,L., ..n., .n ...Pan ur. Imo lrl
° nom Noir "min o.,.Yon
ern
aM-Ini.In fig...nm .. mu.nr Torun n
t.4.,',1'
n^„A' NO Ox.Torn nr Imola,.
/ r w I yI nm•_. I .r•n.min?! .ul� rm. -_—_— r..,I. sw
RI .... .l O.M.,,nI N.. 1963 -, death 8. April 14, 1966
„A .In IIATHirf 'On"...."n" TM•Aden. •rM Ir.r nl nr r.•r • IAr rIn no.noon
I r v.22 a a 1 • • rrr
El4 MO „,. 4..,.o! •morn^r fr..,•..n IN IR•rl..n,c„, Inn.. .. ..,.r, .r
a •.n.,nl IllinalltAKSl_l8 1466 _. tinn Crone—Cemetery__ re,.r.r
ai-MiLL1AM. F. ALLNUPP... w.R.•R.I.ve R.. �°lo5?do�
Mac Al Inure Horton Creels I ^'• W.I A
, nrnn.m cn npAnn I. Y.. Collomdo April 18, 1966 • j1�1,YwAF,Ib.D.
°L^I.•11 wn111TR.M.11.um xnxL.,n, Viol ninepin. ^ 3 _ • e sl I M Cooly at w.Id.Mule^l G6r•En M loony...owl r.°r,I n.......n nr nom nr_ ^r man'n 0. prrntsn t 1• •
not e}•a-a .n.
"I.c•^.°I'I.:a.I;::nna:•e: I .— 22nd ar -I__Jill aS,. '_] 6-..,
.
le•I MI.Inr nl V I• • Toro. ...J.. R
Rn4l',=. 1.rrHll ,,'11':",, ,,f t o f,,5-O-4,4_,,,,
v L'�6 '
ti.4
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•
dry'
•
•
•
•
•
• B 1161 REC 02104540 06/23/87 13:03 86.00 1/002
AR2104540 - F 0425 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO. CO
QUIT CLAIM DEED
State//Docurnearory Fee
THIS DEED,Made this 18 day of June ,19 87 Dote.SG7.=^-? ---8-7----
between United Bank of Greeley and Vera Peterson, $ _--y` i.�.�?-------
lso known as Vera E. Peterson i
of the 'County of Weld and Stale of
Colorado,grantortsl.and Richard Peterson also known as
Richard L. Peterson
whose legal address is 31014 Weld County Road 4388,of the Ke unly 0r, CO tie016d44 and State of Colorado.gmnleefsl.
WITNESSETIL That lire gntnmrlsl for and in consideration of the sum of other valuable consideration
nd Ten and no/100 DOLLARS
the receipt and sufficiency of which is hereby acknowledged.have remised.released,sold.conveyed and QUITCLAIMED,and by
these presents do remise_release,sell,convey and QUIT CLAIM unto the grameclt'i, his heirs,successors and assigns.
forever, all the right. Mk. interest. claim and demand which the grantorts) hare in and In the real property. together with
improvements,if any.situate,lying and being in the County of Weld and State of
Colorado.described as follows
See Exhibit "A" attached hereto.
•
LtiF-
ar3
also known by clued'and number as:
31014 Weld County Road 4388, Kersey, CO 80644
,.n• t11O,14VE AND TO HOLD the.same.together with all and singular the appurtenances and privileges thereunto belonging or in
ar1�lisgthcrwnto appertaining.and all the estate right,title.interest and claim whatsoever,of the grantods),either in law or equity,to
"01'-the nnl¢'mope.;use.benefit and hchtwf of the granteet. his heirs and assigns fincver.
WITNESS'IWHEREOF.The granmrls)ha Veexecuted ibis deed on the date set forth above.
n: UNITED-SANK OF GREELEY 7-
•
^-, �^--ea-" �+'i✓+.�>v/u�
. - u 1;. tit )t-0 )6r_i APAI
Vera Peterson, also known as
`�,' d� �a ' //itzariu"^✓.1 Vera E. Peterson
STATE OF COLORADO,
County of Weld ss.
The foregoinr instrument was acknowledged before Inc ails 18th day of June ,19 87,
by Bill Hertiecky as Vice President and Leroy Leavitt as President of
United'-Bmk%;:c4 Greeley and Vera E. Peterson, a/k/a Vera Peterson.
Mycofifili 4n F)piicf(f Lair._— /der ,I971.
Witness my hand and official seal.
rlEw of-
n.�,ruble
'If in Denver,insert"City and."
No.933.Rtt,.3-85. QUIT CLAM Oven nudsnd Pohliddnn.5825 w 511,5s - abnw.t CO SilasN—no)i Ttxxn vas
%
.- -
•
•
•
B 1161 REC 02104540 06/23/87 13;03'' 56.00 2/002
: F 0426 MARY ANN
w FEUERSTEIN CLERIC RECORDER WELD CO, CO
r
rr.
},e.
4'S
All of Sections 9, 17 and 21, the North h of the South 7 of
Section 18; the NW' and the S1 of Section 20; all in Township 5
.: North, Range 63 West of the 6th P.M. ,
C' • EXCEPTING from the 51 of the SW' of Section 20 that portion conveyed
to the Riverside Reservoir and Land Company, by Deed recorded July 30,
r 1914 in Book 401 at Page 237, being more particularly described as !
' follows:
Part of the S1 of the silk of Section 20, Township 5 North, Range 63
West of the 6th P. M. , more particularly described by metes and bounds i
t'` as follows, to-wit:
BEGINNING at a point 200 feet S87°25 'E of Station 0 of the right of
way of the Feeder Ditch of The Riverside Reservoir, from whence the '
P• Northwest corner of Section 20, Township 5 North, Range 63 bears I
N3°19'W 4492 feet;
Ft1 thence run in an Easterly direction along the Southern boundary of
1`,- the Right of Way of Feeder Ditch 750 feet to a point on the Southern
boundary of said right of way;
thence run due South 550 feet, more or less , to a S, point on the
North bank of the South Platte River;
thence run in a North-Westerly direction along the North bank of
q the South Platte River to the PLACE OF BEGINNING,
f EXCEPTING from Section 21 that portion conveyed to the Brooks Land ,t •
and Cattle Company by Deed recorded August 23, 1918 in Book - -9-3 at
Page 353, being more particularly described as follows: `/79
A tract of land 50 feet wide, extending 25 feet to the left or North '
s' side and 25 feet to the right or South side of the following described
centerline, to-wit:
BEGINNING at a point on the right bank of the Riverside Canal, which
point is the center of the headgate at the point of diversion of The
5 Brooks Land and Cattle Company's Ditch from the said Riverside Canal, I.
y from which said point the Southeast corner of said Section 21 , Township
it 5 North, Range 63 West of the 6th P. M. bears S86°01 'E a distance of
4385 feet, more or less;
thence from said initial point on the bank of the said Riverside Canal •
S00°56'E a distance of 45 feet, more or less, to a point on the South
boundary of the Riverside Canal right of way;
f" thence continuing S00°56 'E a distance of 35 feet, more or less, to a
E _ point;
thence 566°09'E a distance of 535 feet, more or less, to a point on
1 ' the South line of said Section 21, which point is located a distance
of 3885 feet, more or less, N89°53 'W along the South line of said
Section 21 from the Southeast corner of said section.
F'•
�; ,. EXHIBIT "A" .
AR2183347 B 1236 REC 02183347 06/21/89 16:14 $6.00 1/002
•
F 0400 MARY ANN FEDERSTEIN CLERIC s RECORDER WELD CO, CO
WARRANTY DEED II
•
IS REED,Made rho 21st day of June • St7¢ rrrent////a7F
THIS l0 89 Meter I one !f"''',,/ems•/� a .
Richard Peterson, also known as Richard L. •
,Peterson T'3
sniffle 'Colin).of Weld
Stair ni['d mat, granh.r,and
NATIONAL HOG FARMS, 1NC., a Colorado Corporation
a nnpnmwm ornament and
oohing unior and by aloe of the daw.ot the Stain of Colorado .pounce .hex legal.detect.,n
P.O. Box 1930, Greeley, CO 80632
N'ITNF.SSCTT1.Thal tin grantor.few and in umerkrai inn of the'urn of
OF FOUR HUNDRED FOURTEEN THOUSAND THREE HUNDRED AN) N07100 DOLLARS,
$41.43 the rn eIN and nutncrrn,'t olu hot h i,hereby acknowledged.has granted,bargainede,mold Indnrnaryvd.and by Mew pr:aentadata grans,bargain.wll.
.unary and nmbrm unit,rhr gra»re.n.au:Lewin and moan,tomer all of the lead pommy.together wnh rmnr:mtmnn.d may,muse•lying and -
Wing in the Cnum.of Weld and State nf Colorado.deorrbcd a!alloys:
Legal description is attached as Exhibit "A" and incorporated herein by
reference.
alan knwn by great and number r
TfM:I TNER unit all and anguLt the hereditament,and apronrnxmn thermion belonging or in ant'l.e appelWming.and fie¢anon and
rnparm..mnundcn and mourmlen.ant,owe,and motto theme.and all rh:egad.ugh.Mk.Interco.claim and demand Mutineer of the
grunion,tilw.m Ian in cyan,.al.rn and toad aloe bargained premne.,with the hegLrvr,M.nod.ggwnerraMn
TO NAVE AND TO HOLD the Yid premi.ey aloe bargained and de..nMl.with Me appurt a ance...unto the grantee.rn.uevrntn.and m.rgn.
ironer And 0wernnon.ha hini.rtl.hnhelmandpm'mal remewntatr`e..dre.cim runl.ia,alt bargain and agree m and witlhe gone,daaueeen,T
aml Napo.flan at tin one of the i mcating and delivery of chew proem,.he i,nett.erred rd the manor.,atone conveyed.hm god.wit.perfect.
Module aml rnk•hvnhk•c.ue 0t mhemaue,in I.w.inlet amok.and ha`god right.full pnmr and land amhnry to grant.bargain.nett and convey
the'ante in"man and horn a.alorevid.and that the ume arc foe and eke Innn NI(rondo and other gran.bargain.,ale.,lens.lane..m,n.ttlenla,
m amhamc,amt r.trnn.wi.rd.leant kind or narom,anewr.e..yr, the 1989 real estate taxes due and payable
in 1990, and all subsequent real estate taxes, and except all reservations,
restrictions, easements, and rights-of-way of record, if any, and except terms and
provisions contained in Agreement recorded in Book 336 ag Page 513, Hoover Ditch as
evidenced by instrument recorded in Book 149 at Page 113, Oil and Gas Lease as •'
The cranial.hall and u ill WARRANT ANDR1REVER DEFENDtle Mnne.htrearned mentor,rn t11c yurcl and per:ahk po.n.trnof the Franke.
II,. . rl a.i.e.0 .ina4 c`e p. against all aofry nnit or peum.lalully ehm iiy.I heel,ere(*.any pan hrmd
I he.niyuta,number.hall me lode the plural.the plural the angular.and the ow of and gender dull be applwahk It all gender,.
I Ir'n•Iss NHI1REClY. I F /mutt ha.me,used the.decd on tine dale.nt tine
'chard Peterson, also known as Richard 1.. Peterson
SI.UI.Ill t'UIURAIRI, }..
I'.'um) nil Weld I(
1 he Iruep.ng!nonrmem oat.acknowledged brine me than 21st daynf Jame .n 89
by Richard Peterson also known as Richard L. Peterson
'My cmimlksrn nprm, February 26, 1991
N^�T�N�ES,S�rydy,k�aidbad official.cal
, :.r{`remtYlerx y�ahldary 26, 1970 in '-'4'414-1-C y} d. J/�`fc�. .
II : �Ca FOG-option No. 1541880, v 4..,wan
,.;•.4 �lgtet nts, provisions and conditions
" n:irnd. obLkIixTt& bns in Surface Owner's Agreement
.C'rnr"I`pt^'ercir`m"I' recorded in Book 932 as
Reception No. 1854138.
No.952.Rm.3415. WARRANTY MD In,rvrwvdmi It rasepntha anted }X1
mrh.a nhiio.y.w:.,it rah Me.tr,rog eet a:u. twin:e.amm
B 1236 REC 02183347 06/21!89 1614 $5,00 2/002
F 0401 NARY ANN FEUERSTEIN CLERK RECORDER WELD CO, C'O
"EXHIBIT A"
Covering the land in the State of Colorado,County of Weld
Described as: ••
All of Sections 9, 17 and 21,
and the NW4 and the sh of section 20; all in Township 5
North, Range 63 West of the 6th P.M. .
EXCEPTING from the SAS of the SWh of Section 20 that portion conveyed
to the Riverside Reservoir and Land Company, by Deed recorded July 30,
1914 in Book 401 at Page 237, being more particularly described as
follows:
Part of the 5k of the SW: of Section 20, Township 5 North, Range 63
West of the 6th P. M., more particularly described by metes and bounds
as follows, to-wit:
BEGINNING at a point 200 feet 587°25'E of Station 0 of the right of
way of the Feeder Ditch of The Riverside Reservoir, from whence the
Northwest corner of Section 20, Township 5 North, Range 63 bears
N3°19'W 4492 feet;
thence run in an Easterly direction along the Southern boundary of
the Right of Way of Feeder Ditch 750 feet to a point on the Southern
boundary of said right of way;
thence run du? South 550 feet, more or less, to a point on the
North bank of the South Platte River;
thence run in a North-Westerly direction along the North bank of
the South Platte River to the PLACE OF BEGINNING,
EXCEPTING from Section 21 that portion conveyed to the Brooks Land
and Cattle Company by Deed recorded August 23, 1918 in Book 479 at
Page 353, being more particularly described as follows:
A tract of land 50 feet wide, extending 25 feet to the left or North
side and 25 feet to the right or South side of the following described
centerline, to-wit:
BEGINNING at a point on the right bank of the Riverside Canal, which
point is the center of the headgate at the point of diversion of The
Brooks Land and Cattle Company's Ditch from the said Riverside Canal,
from which said point the Southeast corner of said Section 21, Township
5 North, Range 63 West of the 6th P. M. bears S86°01'E a distance of
4385 feet, more or less;
thence from said initial point on the bank of the said Riverside Canal
S00°56'E a distance of 45 feet, more or less, to a point on the South
boundary of the Riverside Canal right of way;
thence continuing S00°56'E a distance of 35 feet, more or less, to a
point;
thence S66°09'E a distance of 535 feet, more or less, to a point on
the South line of said Section 21, which point is located a distance
of 3885 feet, more or less, N89°53'W along the South line of said
Section 21 from the Southeast corner of said section.
TOGETHER WITH all water rights, and rights to water used on or appurtenant to
the property, including but not limited to any and all wells, including
permit No. 12751R and 12752R, and all well equipment, and together with any and
all rights to Hoover Ditch and Hardin Ditch water rights, if any, and all alternate
points of diversion therefrom.
HBO 111111111111III MIAMI 111111 03 1111111111
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1�
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS
NATIONAL HOG FARMS, INC., a Colorado corporation, having a mailing address of
1600 Genessee, Kansas City, Missouri 64102 (the"Grantor"), in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration in hand paid, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell, convey and assign unto P. DAVID PERKINS
%iict21BBAKINSxliani kJttibabil 6 eXclXttittI severally"Grantee"), having a
mailing address of 1514 Main Street, Unionville, Missouri 63565, all of the Grantor's right, title
and interest in and to the real property situated in Weld County, State of Colorado, described at
Exhibit "A" attached as a part hereof (the "Property"), together with all improvements thereon
and all water rights, easements, rights-of-way, licenses, privileges, interests, rights,
hereditaments and appurtenances, if any, inuring to the benefit of the Property including, without
implied limitation, all abutter's rights, title to all land underlying roadways adjacent to the
Property and rights, title and interest in all public streets, private streets, roads, avenues, alleys or
passageways, vacated, opened or proposed, adjoining or abutting the Property and warrants title
to the same.
GRANTEE ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR
HEREIN IS MADE ON AN "AS IS AND WHERE IS" CONDITION AND BASIS WITH ALL
FAULTS.
Grantee acknowledges that: (i) the property in question has been the site of a Housed
Commercial Swine Feeding Operation subject to the provisions of Colorado's ballot Amendment
14 and regulations promulgated thereunder, and (ii) Grantor is currently negotiating a
Compliance Order on Consent with the Colorado Department of Public Health and Environment
(CDPHE) to resolve an outstanding Notice of Violation (NOV). Grantee agrees that he shall not
interfere, in any manner, with Grantor's finalization of such Order and Grantor's fulfillment of
obligations arising either under such Order or any other final administrative or judicial
determination issued as a consequence of the NOV. Grantee specifically agrees to provide
Grantor and its agents with access to the property for soils and groundwater testing,
phytoremediation, or the conduct of any other actions as may be required under such Order or
determination. Grantor reserves such easements and rights of way necessary to comply with the
directives of CDPHE.
TO HAVE AND TO HOLD the Property unto the Grantee, and the Grantee's successors
and assigns, forever free, subject to all easements, rights-of-way, restrictions, oil, gas and
mineral leases and interests, exceptions, reservations, and encumbrances of whatsoever nature.
NATIONAL HOG FARMS, INC.,
a Colorado corporation /7
1 a
By /J, n'l l_4..i y ���ct4J
President J
(the "Grantor")
Warranty Deed-National Hog Farms.DOC
HBO 11111 nil III Hlil 111111111111 III 11111 VEIN
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ACKNOWLEDGMENT
STATE OF MISSOURI )
) ss.
COUNTY OF [ )
Before me, a notary public in and for this state. on this 26th day of August, 2002,
personally appeared Stanley Jay Weber, known to be the identical person who subscribed the
name of National Hog Farms, Inc., a Colorado corporation, to the foregoing instrument as its
President, and acknowledged to me that he executed the same as his free and voluntary act and
deed, and as the free and voluntary act and deed of the corporation for the uses and purposes
therein set forth.
" NOTARY SEAL "
Marsha Lea Brewer,Notary Public 11q,r,1QftJ
Jackson County,State of Missouri
My Commission Expires 9118/2004 ary Public
My commission expires: 9/I B/2-OO4
Warranty Deed-National Hog Fanns.DOC -2-
1111111 IIUI 1111111 III 111111111/1 111111 III 11111 fill IIII
2985198 09/06/2002 10:25A Weld County, CO
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EXHIBIT "A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C.
PARCEL 1 :
TOWNSHIP 4 NORTH, RANGE 62 WEST OP THE 6TH P .M.
Section 3 : NW1/4
Section 5 : All
Section 7 : All, EXCEPT a strip of land 100 feet wide, being 50 feet on
each side of center of track of Colorado Central Railroad
Company in the SE1/4SW1/4 of said Section 7 as conveyed to
said company in Deed recorded in Book 50 at Page 586.
Section 17 : N1/2N1/2, S1/2NE1/4
Section 18 : N1/2N1/2
TOGETHER WITH a right of way over, upon and across the surface of a strip
of land for ditch purposes 50 feet in width, 20 feet on the North side
and 30 feet on the South side of the following described line through
Section 8 in said township and range:
Beginning at point on the West boundary of section whence the West
quarter corner bears North 290 feet;
thence North 52 degrees 22 minutes East 155 feet;
thence South 62 degrees 53 minutes East 390 feet;
thence South 50 degrees 52 minutes East 175 feet;
thence South 28 degrees 30 minutes East 200 feet;
thence South 47 degrees 21 minutes East 363 feet;
thence South 58 degrees 13 minutes East 360 feet;
thence South 67 degrees 10 minutes East 185 feet;
thence South 80 degrees 13 minutes East 190 feet;
thence North 21 degrees 09 minutes East 180 feet;
thence North 67 degrees 29 minutes East 240 feet;
thence South 67 degrees 37 minutes East 395 feet;
thence South 83 degrees 40 minutes East 360 feet;
thence South 32 degrees 24 minutes East 560 feet;
thence South 42 degrees 15 minutes East 385 feet;
thence South 27 degrees 54 minutes East 350 feet;
thence South 13 degrees 46 minutes East 287 feet to a point on the South
boundary of said Section whence the South quarter corner bears South 89
degrees 53 minutes West 755 feet; and also
TOGETHER WITH a right of way over, upon and across the surface of a strip
of land for ditch purposes 50 feet in width, 20 feet on the North side
and 30 feet on the South side of the following described line in the
SW1/4 of the SW1/4 of Section 6 in said township and range:
Beginning at a point on the West boundary of said subdivision whence the
Southwest corner of said section bears South 250 feet;
thence South 50 degrees 54 minutes East to a point on the South boundary
of said section whence the Southwest corner bears West 310 feet ;
EXHIBIT "A", Page 1
i�rr�i� rriu�irr�ir irr i�iii trrrir i��rri iii rrui rir� iru
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EXHIBIT "A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C.
said rights of way being those granted to Meadow Farms Company by the
State of Colorado in Deed recorded in Book 655 at Page 476 .
TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M.
Section 3 : W1/2E1/2
Section 15: W1/2E1/2, Wi/2
Section 17: All
Section 18: All
Section 19: All
Section 20 : All
Section 21: All
Section 29: All
Section 31: All
Section 33 : All
TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.
Section 1 : Al].
Section 2 : All, EXCEPT a strip of land through the S1/2SW1/4 and
NW1/4SE1/4 and N'E1/45W1/4 thereof, 100 feet in width, being
50 feet on either side of the center of the road of the
Colorado Central Railroad Company as conveyed to said company
in Deed recorded in Book 30 at Page 200; and
EXCEPT a strip of land through the S1/2SE1/4 of said Section
2, 100 feet wide, being 50 feet on either side of the center
line of the road of the Colorado Central Railroad Company as
conveyed to said Company in Deed recorded in Book 69 at Page
132 .
Section 3 : ALL, EXCEPT a strip of land 100 feet wide, being 50 feet on
each side of center of track of Colorado Central Railroad
Company in the NE1/4 of said Section 3 as conveyed to said
company in Deed recorded in Book 50 at Page 586; and
EXCEPT a strip of land 200 feet wide on each side of the
center line of the railroad of the Union Pacific Railroad
Company, as reserved by said Company in Warranty Deed to the
N21/4 of said Section 3 recorded in Book 201 at Page 52; and
EXCEPT that part of NW1/4 of said Section 3 conveyed to Rose
Park in Quit Claim Deed recorded in Book 1245 at Page 433
described as that portion of land lying and being along the
West side of the N1/2 of said section formerly laid out as a
county road but abandoned as such.
EXCEPTING THEREFROM a parcel conveyed to Weld County by deed
recorded May 26, 1995 in Book 1493 as Reception No. 2440048 .
Section 10 : ALL, EXCEPT that part of the NE1/4SE1/4 thereof conveyed to
the state Department of Highways, Division of Highways, State
EXHIBIT "A", Page 2
I111111Iiii! I1111I1I11 IIII111111111111I1111111111I till
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EXHIBIT "A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C.
of Colorado in Special Warranty Deed recorded in Book 1215 as
Reception No. 2161552, described as follows :
Beginning at a point on the East right of way line of Weld
County Road 69 (July ,986) from which the East Quarter corner
of said Section 10 bears North 24 degrees 08 minutes 40
seconds East a distance of 258 . 16 feet;
thence North 89 degrees 10 minutes 40 seconds West 44 feet to
a point on the West right of way line of Weld County Road 69;
thence South 21 degrees 21 minutes 22 seconds West 222 ,37
feet;
thence South 61 degrees 36 minutes 40 seconds West 57.28 feet
to a point on the Northeast right of way line of State
Highway 36 (July 1988) ;
thence South 57 degrees 36 minutes East continuing along said
right of way line 293 . 45 feet;
thence North 10 degrees 29 minutes 30 seconds West 397.59
feet, more or less, to the Point of Beginning.
Section 11: ALL, EXCEPT a strip of land 100 feet wide, being 50 feet on
each side of center track of Colorado Central Railroad
Company in the NE1/4 of said Section 11 as conveyed to said
Company in Deed recorded in Book 50 at Page 586 .
Section 12 : ALL, EXCEPT a strip of land through the NW1/4SE1/4 and
NE1/4SW1/4 thereof 100 feet wide, being 50 feet on either
side of central line of the road of the Colorado Central
Railroad Company, as conveyed to said company in Deed
recorded in Book 50 at Page 387; and
EXCEPT a strip of land through the W1/2NW1/4 thereof, 100
feet in width, being 50 feet on either side of the center of
the road of the Colorado Central Railroad Company as conveyed
to said company in Deed recorded in Book 69 at Page 132; and
EXCEPT that portion of the SW1/4SE1/4 thereof conveyed to The
Bijou Irrigation Company in Quit Claim Deed recorded in Book
130 at Page 527, described as follows :
Commencing at a point on the South line of said Section 12 at
the West side of the right of way of the canal of the said
Bijou Irrigation Company and 750 feet East of the quarter
corner on the South line of Section 12;
thence along the West line of said right of way by true
bearings variation 14 degrees 10 minutes East, North 37
degrees West 580 feet;
thence North 53 degrees East 100 feet;
thence North 29 degrees East 150 feet;
thence North 23 degrees West 470 feet;
thence leaving the line of said right of way and running due
West 370 feet;
thence South on the center line of said Section 12, 1088
EXHIBIT "A", Page 3
1111111111111111111 I I 111111111111111111 I I 11111111111111
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EXHIBIT "A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C.
feet;
thence East 750 feet to Place of Beginning.
Section 13 : ALL, EXCEPT the East 976 feet thereof; and
EXCEPT that part of the NW1/4 of said Section 13 conveyed to
the State Department of Highways, Division of Highways, State
of Colorado in Special Warranty Deed recorded in Book 959 as
Reception No. 1880515, described as follows:
Beginning at a point on the Northerly right of way line of
State Highway 34 (April 1981) from which the Northwest corner
of said Section 13 bears North 26 degrees 41 minutes 45
seconds West 2323 . 3 feet ;
thence along the Northerly right of way line of State Highway
34 (April 1981) South 57 degrees 36 minutes East 195.1 feet;
thence continuing along the Northerly right of way line of
State Highway 34 (April 1981) along the arc of a curve to the
left, having a radius of 2814 . 8 feet, a distance of 496. 1
feet (the chord of this arc bears South 62 degrees 39 minutes
East 495 .4 feet) ;
thence North 22 degrees 18 minutes 15 seconds East 40 feet;
thence along the arc of a curve to the right, having a radius
of 2774 . 8 feet, a distance of 489 feet (the chord of this arc
bears North 62 degrees 39 minutes West 488 .4 feet) ;
thence North 57 degrees 36 minutes West 195 .1 feet;
thence South 32 degrees 24 minutes West 40 feet, more or
less, to the Point of Beginning.
Section 14: All
Section 15 : All
EXCEPTING THEREFROM those portions of Sections 10, 11, 13, 14 and 15
conveyed by deed recorded November 4, 1998 as Reception No. 2651549 .
TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M.
Section 9: All
Section 13 : All
Section 17 : All
Section 20 : S1/2, NW1/4; EXCEPT that portion of the S1/25W1/4 thereof
conveyed to the Riverside Reservoir and Land Company in
Warranty Deed recorded in Book 401 at Page 237, described as
follows :
Beginning at a point 200 feet South 87 degrees 25 minutes
East of Station 0 of the right of way of the feeder ditch of
The Riverside Reservoir, from whence the Northwest corner of
said Section 20 bears North 03 degrees 19 minutes West 4492
feet;
thence run in an Easterly direction along the Southern
EXHIBIT "A", Page 4
111111111111111111111111111111111111111111111111
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EXHIBIT "A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C.
boundary of the right of way of feeder ditch 750 feet to a
point on the Southern boundary of said of right of way;
thence run due South 550 feet, more or less, to a point on
the North bank of the South Platte River)
thence run in a Northwesterly direction along the North bank
of the South Platte River to the Place of Beginning.
Section 21 : All
Section 22 : All
Section 23 : All
Section 24 : All
Section 27 : E1/2 , NW1/4, N1/2SW1/4, SE1/4SW1/4
Section 34 : F1/2, E1/2NW1/4 ; and that part of the E1/2SW1/4 described as
follows :
Beginning at a point on the North line of the SW1/4 of
Section 34, 1675 feet East of the Northwest corner of said
SW1/4, to a point on the North line of the right of way of
the Union Pacific Railroad Company;
thence Southeasterly along said North line of said right of
way to the East line of said SW1/4;
thence North on said East line to the Northeast corner of
said SW1/4 ;
thence West on the North line of said SW1/4 to the Point of
Beginning.
EXCEPTING THEREFROM a parcel conveyed to Weld County by deed
recorded May 26, 1995 in Book 1493 as Reception No. 2440048 .
Section 35: All
EXCEPTING THEREFROM a parcel conveyed to Weld County by deed
recorded May 26, 1995 in Book 1493 as Reception No. 2440048.
Section 36: SW1/4SW1/4, EXCEPT that part excluded from Patent from the
State of Colorado in Book 132 at Page 118, described as
follows:
Commencing at a point 1337 feet North of the Southwest corner
of Section 36, Township 5 North, Range 63 West of the 6th
P.M. ;
thence South 26 degrees 45 minutes East 44 feet; -
thence South 32 degrees 32 minutes East 199 feet;
thence South 52 degrees 19 minutes East 192 feet;
thence South 72 degrees 49 minutes East 296 feet;
thence South 50 degrees 20 minutes East 101 feet;
thence South 28 degrees 40 minutes East 503 feet;
thence South 17 degrees 50 minutes East 441 feet to a point
1007 feet East of the Southwest corner of said Section 36;
being a strip of land 150 feet wide, 75 feet on each side of
above described centerline .
TOWN OF: All of Blocks 4 and 5, and all of Lots C and D;
EXHIBIT "A", Page 5
f 111111111111111111 III IIIII lloll 111111 III IIIII 11111111
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EXHIBIT "A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C.
HARDIN: TOGETHER WITH all of the vacated alley between Blocks 4 and 5
and Lot C; and all of vacated Castle Avenue between Blocks 4
and 5 and Lot C; and all of vacated Davies Avenue South of
Cullen Street; and the Southeasterly half of said vacated
Davies Avenue between Cullen Street and Richthofen Street
adjacent to said Lot D.
EXCEPTING from the applicable portions of the lands described
in said Parcel 1 the following parcels conveyed to the
Colorado Central Railroad Company recorded in Book 30 at Page
237, described as follows :
In Section 17, Township 4 North, Range 62 West through the
SE1/4NE1/4 a strip of land 60 feet wide from the center line
of the Colorado Central Railroad on each side thereof;
through the NW1/4NE1/4 a strip of land 60 feet in width from
the center line aforesaid and on each side thereof;
through the NE1/4NW1/4 a strip of land 60 feet in width from
said center line on each side thereof;
through the NW1/4NW1/4 a strip of land 100 feet in width from
said center line on each side;
Also, the following described tract in Section 18, Township 4
North, Range 62 West through the N1/2NE1/4;
a strip of land 130 feet wide measured from the center line
aforesaid and on each side thereof;
Also in Section 7, Township 4 North, Range 62 West a strip of
land through the w1/28W1/4, 150 feet wide from said center
line on each side thereof;
Also in Section 12, Township 4 North, Range 63 West a strip
of land 150 feet wide from said center line and on each side
thereof through the E1/2SE1/4.
The following is a description of the center line of the
Colorado Central Railroad:
Beginning at a point on the East line of Section 17, Township
4 North, Range 62 West, 1396 feet South of its Northeast
corner;
running thence North 81 degrees 30 minutes West 5730 feet to
a stake;
thence North 81 degrees 19 minutes West 36 feet to a stake;
thence North 80 degrees 38 minutes West 10D feet to a stake;
thence North 79 degrees 38 minutes West 100 feet to a stake;
thence North 78 degrees 38 minutes West 100 feet to a stake;
thence North 77 degrees 38 minutes West 100 feet to a stake;
thence North 76 degrees 38 minutes West 100 feet to a stake;
thence North 75 degrees 38 minutes West 100 feet to a stake;
thence North 74 degrees 38 minutes West 100 feet to a stake;
thence North 73 degrees 38 minutes West 100 feet to a stake;
thence North 72 degrees 38 minutes West 100 feet to a stake;
•
EXHIBIT "A", Page 6
tutu111111111101111111111111111111111111111111111111
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EXHIBIT "A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C.
thence North 71 degrees 38 minutes West 100 feet to a stake;
thence North 70 degrees 38 minutes West 100 feet to a stake;
thence North 69 degrees 38 minutes West 100 feet to a stake;
thence North 66 degrees 38 minutes West 100 feet to a stake;
thence North 67 degrees 38 minutes West 100 feet to a stake;
thence North 66 degrees 38 minutes West 100 feet to a stake;
thence North 65 degrees 38 minutes West 100 feet to a stake;
thence North 64 degrees 53 minutes West 50 feet to a stake;
thence North 64 degrees 38 minutes West 4962 feet to a stake
at the edge of the Platte River, which stake is 1278 feet
West and 768 feet South of the quarter corner on the West
line of Section 7, Township 4 North, Range 62 West .
The line thus described crosses the section and subdivisional
lines as follows, viz:
The North and South center line of Section 17 at point 1041
feet South of the quarter corner on its North line.
The West line of Section 17 at a point 682 feet South of the
Northwest corner.
The North line of Section 18 at a point 313 feet East of the
quarter corner of said line.
The North and South center line .of Section 7 at a point 145
feet North of the quarter corner on its section line.
The West line of Section 7 at a point 1361 feet South of the
quarter corner on its West line.
EXCEPTING from the applicable portions of the lands described
in said Parcel 1 the following parcel :
A tract of land located in the E1/2 of Section 34, and the
W1/2 of Section 35, all in Township 5 North, Range 63 West of
the 6th P.M. , County of Weld, State of Colorado, and being
more particularly described as follows :
Commencing at the East Quarter corner of Section 34 and
considering the East line of said Section 34 to bear South 00
degrees 00 minutes 36 seconds East and with all other
bearings contained herein being relative thereto;
thence South 00 degrees 00 minutes 36 seconds East, 36 . 00
feet along said East line to the True' Point of Beginning;
thence South 66 degrees 09 minutes 00 seconds West, 711. 00
feet;
thence North 63 degrees 01 minutes 00 seconds West, 339. 00
feet;
thence South 86 degrees 35 minutes 00 seconds West, 86. 00
feet;
thence North 29 degrees 35 minutes 00 seconds West, 52 .00
feet;
EXHIBIT "A", Page 7
1111111 I I I I I1111111 I I 111111111111111111111111111 I I I I I I I
2985198 09/06/2002 10:25A Weld County, CO
10 of 10 R 51.00 D 1589.50 J.A. "Suki" Tsukamoto
EXHIBIT"A"
WARRANTY DEED
GRANTOR: NATIONAL HOG FARMS, INC.
GRANTEE: P. DAVID PERKINS AND PERKINS LAND LIVESTOCK, L.L.C.
thence North 72 degrees 23 minutes 00 seconds West, 112.00
feet;
thence North 79 degrees 25 minutes 00 seconds West, 99.00
feet;
thence North 00 degrees 00 minutes 00 seconds East, 318.00
feet;
thence North 28 degrees 47 minutes 00 seconds West, 80.00
feet;
thence North 16 degrees 07 minutes 17 seconds West, 70.99
feet;
thence North 28 degrees 28 minutes 58 seconds West, 264.49
feet;
thence North 84 degrees 44 minutes 34 seconds East, 506.83
feet;
thence South 74 degrees 52 minutes 13 seconds East, 1042.77
feet to a point on said East line of Section 34;
thence South 74 degrees 52 minutes 13 seconds East, 31.08
feet;
thence South 00 degrees 00 minutes 36 seconds East, 651.18
feet;
thence South 86 degrees 09 minutes 00 seconds West, 30.07
Feet to the True Point of Beginning.
SAVE AND EXCEPT:
Thirty (30) acres, more or less, from Section 20-5-63, as more particularly described in that
certain Agreement by and between National Hog Farms, Inc. and Riverside Irrigation District
recorded December 30, 1993 in Book I419 as Reception No. 2366727.
ALL OF SUBJECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OF
COLORADO
EXHIBIT "A",Page 8
1111111111111111111{1111111IIIIIfiillll14111111IIIIi11I
344 1 of 3 R 16.00 D 10.50 J.A. Sind Tsukamoto
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS
NATIONAL HOG FARMS, INC., a Colorado corporation, having a mailing address of
1600 Genessee, Kansas City, Missouri 64102 (the "Grantor"), in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration in hand paid, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell, convey and assign unto P. DAVID PERKINS
("Grantee"), having a mailing address of 1514 Main Street, Unionville, Missouri 63565, all of
the Grantor's right, title and interest in and to the real property situated in Weld County, State of
Colorado, being thirty (30) acres, more or less, from Section 20-5-63, as more particularly
described in that certain Agreement by and between Grantor and Riverside Irrigation District
recorded December 30, 1993 in Book 1419 as Reception No. 2366727 (the "District
LDAgreement"), and further described with more particularity at Exhibit "A" attached as a part
hereof(the "Property"), together with all improvements thereon and all water rights, easements,
rights-of-way, strips and gores, licenses, privileges, interests, rights, hereditaments and
appurtenances, if any, inuring to the benefit of the Property including, without implied limitation,
all abutter's rights, title to all land underlying roadways adjacent to the Property and rights, title
and interest in all public streets, private streets, roads, avenues, alleys or passageways, vacated,
opened or proposed, adjoining or abutting the Property and warrants title to the same.
GRANTEE ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR
HEREIN IS MADE ON AN "AS IS AND WHERE IS" CONDITION AND BASIS WITH ALL
FAULTS.
Grantee acknowledges that: (i) the property in question has been the site of a Housed
Commercial Swine Feeding Operation subject to the provisions of Colorado's ballot Amendment
14 and regulations promulgated thereunder, (ii) Grantor is currently negotiating a Compliance
Order on Consent with the Colorado Department of Public Health and Environment (CDPHE) to
resolve an outstanding Notice of Violation (NOV), and (iii) certain terms of the District
Agreement remain in full force and effect. Grantee agrees that he shall not interfere, in any
manner, with Grantor's finalization of such Order and Grantor's fulfillment of obligations arising
either under such Order or any other final administrative or judicial determination issued as a
consequence of the NOV. Grantee specifically agrees to provide Grantor and its agents with
access to the property for soils and groundwater testing, phytoremediation, or the conduct of any
other actions as may be required under such Order or determination. Grantor reserves such
easements and rights of way necessary to comply with the directives of CDPHE. Grantee further
agrees to be bound by, and hereby assumes, the continuing obligations and liabilities of Grantor
under the District Agreement from and after the date hereof.
TO HAVE AND TO HOLD the Property unto the Grantee, and the Grantee's successors
and assigns, forever free, subject to all easements, rights-of-way, restrictions, oil, gas and
mineral leases and interests, exceptions, reservations, and encumbrances of whatsoever nature.
Perkins HOC
1111111 11111 1111111 1111 1111 11111 IIIIIII III 11111 IIII IIII
3001344 11/0112002 11:00A Weld County, CO
2 of 3 R 16.00 D 10.50 J.A. "Sukl" Tsukamolo
NATIONAL HOG FARMS,INC.,
a Colorado corporation
By Cifirivil
President
(the"Grantor")
ACKNOWLEDGMENT
STATE OF MISSOURI )
) ss.
COUNTY OF3iac\CSory )
Before me, a notary public in and for this state, on this t )Ik day of October, 2002,
personally appeared Stanley Jay Weber, known to be the identical person who subscribed the
name of National Hog Farms, Inc., a Colorado corporation, to the foregoing instrument as its
President, and acknowledged to me that he executed the same as his free and voluntary act and
deed, and as the free and voluntary act and deed of the corporation for the uses and purposes
therein set forth.
] ;125\---
" NOTARY SEAL
of r Public
Marsha Lea my �raIPo,&Missoun My commission expires: a/l S7 20004'
Jackson County •
My Commission Expires 911 g12n04
Perkins DOC -2-
1111111111111111111IIII 1111111111111111 III 11111IIII IIII
3001344 11/01/2002 11:00A Weld County, CO
3 of 3 R 16.00 D 10.50 J.A. "Sold" Tsukamoto
EXHIBIT "A"
Property Description
A tract of land located in the South Half of the South Half of Section 20, Township 5 North,
Range 63 West of the bth P.M., Weld County, Colorado, and being more particularly described
as follows:
Commencing at the West Quarter corner of said Section 20 and considering the West line of the
Northwest Quarter of said Section 20 to Bear North 01°37'58" West, as monumented, and with
all other bearings contained herein relative thereto;
Thence South 37°47'07" East, 2132.66 feet to the true point of beginning, said true point of
beginning also being the Northeast Corner of that tract of land conveyed to the Riverside
Reservoir and Land Co. by Deed recorded July 30, 1914 in Book 401, Page 237. Weld County
Records, as established by the North point of an existing fence;
Thence South 87°06'14" East, 807.25 Feet;
Thence North 79°13'57" East, 361.30 Feet;
Thence South 86°05'18" East, 50727 Feet;
Thence South 76°36'15" East; 135.96 Feet;
Thence South 00°58'57" West, 867.34 feet to a point on the South line of the Southeast Quarter
of said Section 20;
Thence South 89°51'11" West, 136.38 Feet along said South line;
Thence North 79°00'16"West, 496.45 Feet;
Thence South 85°19'10" West, 376.36 Feet;
Thence North 55°01'07" West, 418.43 Feet;
Thence North 64°58'55" West, 459.82 Feet;
Thence North 03°40'57" West, 409.47 Feet to the true point of beginning.
Said tract of land contains 30.0000 acres, more or less, and is subject to any rights-of-ways or
other easements as granted or reserved by instruments of record or as now existing on said tract
of land.
Perkins DOC -3-
111111 Hill 1111111 III 1IIII Eli 1111101111111In
787 3062787 04/16/2003 02:19P weld co Da to today's scanning technology,
1 of 13 R 66.00 D 0.00 Steve Moreno Clerk&Recorder .r_: ra,rn I0Ce.
Quit Claim Deed
THIS DEED is a conveyance from the individualls},corporation(s) or other entitylies)named below as GRANTOR to
the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real
property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its
appurtenances.
The specific terms of this deed are:
Grantor: P. David Perkins, 1514 East Main, PO Box 267, Unionville, Missouri 63565
Grantee: Perkins Land &Livestock, LLC, a Colorado limited liability company, 1514 East Main,
PO Box 267, Unionville, Missouri 63565
Form of Co-Ownership: (If there are two or more grantees named, they will be considered to take as tenants in
common unless the words`in joint tenancy'or words of the same meaning are added in
the space below.)
Property Description: See attached Exhibits A, B, C, O, and E covering real property, improvements, and
water rights in Weld County, Colorado
Property Address:
Reservations-Restrictions: None. /-
Exec ed b the Grantor on April 1& , 2003.
8 :„m
P. avi Perkins Grantor
STATE OF COLORADO 1
I ss.
COUNTY OF WELD 1 p/_
The foregoing instrument was acknowledged before me this 1W day of April, 2003, by P. David Perkins.
WITNESS my hand and official sal
My commis_`,.\<es: A- —cgoll,I
O '•• lj 1 Notary Publ
fi
MARY ANN K. $
ff SMITH ` i
M'•% ea i
th pFO-�Q •
'
(` `C
I IIIIII11111II11111III IIIII111111IIIIII III11111IIII II11
3052787 04116/2003 02.19P Weld ounty, CO
2 0 13 R 661M D 0.00 Steve Moreno Clerk A Recorder
•
PARCEL 1:
TOWNSHIP 4 NORTH, RANGE 62 WEST OP TEE 676 P.M.
Section 3: NW1/4
Section 5; All
Section 7: All, EXCEPT a strip of land 100 feet wide, being 50 feet on
each side of center of track of Colorado Central Railroad
Company in the SE1/49W1/4 of said Section 7 as conveyed to
said company in Deed recorded in Book 50 at Page 586.
Section 17; N1/2N1/2, S1/2NE1/4
Section 18: N1/2N1/2
TOGETHER WITH a right of way over, upon and across the surface of a strip
of land for ditch purposes So feet in width, 20 feet on the North side
and 30 feet on the South side of the following described line through
Section 8 in said township and range:
Beginning at point on the west boundary of section whence ,the West
quarter corner bears North 290 feet;
thence North 52 degrees 22 minutes East 155 feet;
thence South 62 degrees 53 minutes Bast 390 feet;
thence South 50 degrees 52 minutes East 175 feet;
thence South 20 degrees 30 minutes East 200 feet;
thence South 47 degrees 21 minutes East 363 feet;
thence South 58 .degrees 13 minutes East 360 feet;
thence South 67 degrees 10 minutes Haat 105 feet;
thence south 80 degrees 13 minutes Rest 190 feet;
thence North 21 degrees 09 minutes East 180 feet;
thence North 67 degrees 29 minutes East 240 feet;
thence South 67 degrees 37 minutes East 395 feet;
thence South 83 degrees 40 minutes East 360 feet;
rbwnr'e South 32 degrees 24 minutes East '560 feet;
thence South 42 degrees 15 minutes East 385 feet;
thence South 27 degrees 54 minutes Bast 350 feet;
thence South 13 degrees 46 Minutes East 287 feet to a point on the South
boundary of said Section whence the South quarter corner bears South 89
degrees 53 minutes West 755 feet; and also
TOGBTHBR WITH a right of way over, upon and across the surface of a strip
of land for ditch purposes 50 feet in width, 20 feet on the North aide
and 30 feet on the South side of the following described line in the
SW1/4 of the SW1/4 of Section 6 in said township and range:
Beginning at a point on the West boundary of said subdivision whence the
Southwest corner .of said section bears South 250 feet;
thence South 50 degrees 54 minutes East to a point on the South boundary
of said section whence the Southwest corner bears West 310 feet;
EXHIBIT A .
1111111111111111111 NI 11111111111 11111111 11111 Illl IIII
3052787 04/16/2003 02:19P Weld County, CO
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said rights of way being those granted to Meadow Farms Company by the
State o£ Colorado in Deed recorded in Book 655 at Page 476,
TOWNSHIP S NORTH, RANGE 62 WEST OF TES 6TH P.M.
Section 3: w1/2E1/2
Section 15: H1/2E1/2, W1./2
Section 17: All
Section 10: All
Section 19: All
Section 20: All
Section 21: All
Section 29: All
Section 31: All
Section 33: All
TowNSEIP 4 NORTH, RANGE 63 WEST OF TEE 6TH P.M.
Section 1: All
Section 2: All, EXCEPT a strip of land through the 61/23w1/4 and
NW1/4SE1/4 and NE1/4SW1/4 thereof, 100 feet in width, being
50 feet on either side of the center of the road of the
Colorado Central Railroad Company as conveyed to said company
in Deed recorded in Rook 30 at Page 20O; and
EXCEPT a strip of land through the SI/25E1/4 of said Section
2, 100 feet wide, being 50 feet on either side of the center
line of the road of the Colorado central Railroad Company as
conveyed to said Company in Deed recorded in Book 69 at Page
132.
Section 3 : ALL, EXCEPT a strip of land 100 feet wide, being 50 feet on
each side of center of track of Colorado Central Railroad
Company in the NE1/4 O£ said Section 3 as conveyed to said
company in Deed recorded in Book SO at Page 686; and
EXCEPT a strip of land 200 feet wide on each side of the
center line of the railroad of the Union Pacific Railroad
Company, as reserved by said Company in Warranty Deed to. the
NE1/4 of said section 3 recorded in Book 201 at Page 52; and
EXCEPT that part of NW1/4 of said Section 3 conveyed to Rose
Park in Quit Claim Deed recorded in Book 1245 at Page 433
described ae that portion of land lying and being along the
West side of the N1/2 of said section formerly laid out as a
county road but abandoned as such.
EXCEPTING THEREFROM a parcel conveyed to Weld County by deed
recorded May 26, 1995 in Book 1493 as Reception No. 2440048.
Section 10: ALL, EXCEPT that part of the NE1/4SE1/4 thereof conveyed to
the State Department of Highways, Division of Highways, State
2
111111111111N NIIIII III III 1111111111111 IN 1111111111111 •
3062787 0411812003 02:19P Weld County, CO
4d 13 R 68.00 D0.00 Steve Moreno Clerk d Recorder
of Colorado in Special. Warranty Deed recorded in Book 1215 as
Reception No. 21'61552, described as follows:
Beginntnnying at a point yp on the East right of way line of Weld
of saidRSect 69 ion(July
10 bearseNorth 224hd which
08sminuutes Quarter
seconds Bast a distance of 258.16 feet;
thence North 89 degrees 10 minutes 40 seconds Went 44 feet to
a point on the West right of way line of Weld County Road 69;
thence South 21 degrees 21 minutes 23 seconds West 222,37
feet;
thence South 61 degrees 36 minutte of
s40 seconds i We State
st 57,28 feet
to a point on the Northeast rigway
Highway 36 (July 1988) ; along said
thence South 57 degrees 36 minutes East continuing
right of way line 293.45 feet;
thence North 10 degrees 29 minutes 30 seconds West 397.59
feet, more or less, to the Point of Beginning.
section 11: ALL, EXCEPT a strip of land 100 feet vide, being 50 feet on
each side of center track of Colorado Central Railroad
Company in the NB1/4 of said Section 11 as conveyed to said
Company in Deed recorded in Book 50 at Page 586.
Section 12: ALL, EXCEPT a strip of land through the NW1/4SE1/4 and
1151/4381/4 thereof 100 feet vide, being 50 feet on either
aide of central line of the road of the Colorado Central
Railroad Company, as conveyed to said company in reed
recorded in Book 50 at Page 387; and
EXCEPT a strip of land through the W1/2NW1/4 thereof, 100
feet in width, being 50 Teat on either side of the center of
the road of the Colorado Central Railroad Company as conveyed
to said company in Deed recorded in Book 69 at Page 132; and
EXCEPT that portion of the 3W1/4381/4 thereof conveyed to The
Bijou Irrigation Company in Quit Claim Deed recorded in Book
130 at Page 527, described as follows:
commencing at a point on the South line of said Section 12 at
the West side of the right of way of the canal of the said
Bijou Irrigation Company and 750 feet East of the quarter
corner on the South line of Section 12;
thence along the West line of said right of way by true
bearings variation 14 degrees 10 minutes East, North 37
degrees West 580 feet;
thence North 53 degrees East 100 feet;
thence North 29 degrees East 150 feet;
rh,.nce North 23 degrees West 470 feet;
thence leaving the line of said right of way and running due
West 370 feet;
thence South on the center line of said Section 12. l088
3
I nil IIIII lilt Illll IL I!!IIII IIII
3062787 0 612003 02
6 M 13 R 5 68.00 D0.00 Steve Moreno Clerk 8 Recorder
feet;
thence Bast 750 feet to Place of Beginning.
section 13: ALL, EXCEPT the East 976 feet thereof; and
EXCEPT that part of the NW1/4 of said Section 13 conveyed to
the State Department of Highways, Division of Highways, State
of Colorado in Special Warranty Deed recorded in Book 959 as
Reception No. 1880515, described as follows:
Beginning at a point on the Northerly right of way line of
state Highway 34 (April 1981) from which the Northwest corner
of said Section 13 bears North 26 degrees 41 minutes 45
seconds West 2323.3 feet;
thence along the Northerly right of way line of State Highway
34 (April 1981) South 57 degrees 36 minutes East 195.1 feet;
thence continuing along the Northerly right of way line of
State Highway 34 (April 1981) along the arc of a curve to the
left, having a radius of 2814.8 feat, a distance of 496.1
feet (the chord of this arc bears South 62 degrees 39 minutes
Bast 495.4 feet) ;
thence North 22 degrees 18 minutes 15 seconds East 40 feet;
thence along the arc of a curve to the right, having a radius
of 2774.8 feet, a distance of 489 feet (the chord of this arc
bears North 62 degrees 39 minutes West 488.4 feet) ;
thence North 57 degrees 36 minutes West 195.1 feet;
thence South 32 degrees 24 minutes West 40 feet, more or
less, to the Point of Beginning.
Section 14: All'
Section 15: All
EZCEPTING THEREFROM those portions of Sections 10, 11, 13, 14 and 15
conveyed by deed recorded November 4, 1998 as Reception No. 2651549.
TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M.
Section 9: All
Section 13: All
Section 17 : All
Section 20: S1/2, NW1/4; EXCEPT that portion of the S1/28w1/4 thereof
conveyed to the Riverside Reservoir and Land Company in
Warranty Deed recorded in Book 401 at Page 237, described as
follows:
Beginning at a point 200 feet South 87 degrees 25 minutes
East of station 0 of the right of way of the feeder ditch of
The Riverside Reservoir, from whence the Northwest corner of
said Section 20 bears North 03 degrees 19 minutes West 4492
feet; ,
thence run in an Easterly direction along the Southern
4 .
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3052787 04/16/2003 02:19P Weld County, CO
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boundary of the right of way of feeder ditch 750 feet to a
point on the Southern boundary of said of right of way;
thence run due South 550 feet, more or less, to a point on
the North bank of the South Platte River;
thence run in a Northwesterly direction along the North bank
of the South Platte River to the Place of Beginning.
Section 21: All
Section a2 : All
Section 23 : All
Section 24: All
Section 27: E1/2, NW1/4, N1/2b'W1/4, 3B1/48W1/4
Section 34: E1 2, E1/2NW1/4; and that part of the S1/2SW1/4 described as
. follows:
Beginning at a point on the North line of the SW1/4 of
Section 34, 1675 feet East of the Northwest corner of said
SW11/4, to a point on the North line of the right of way of
the UwLOn Pacific Railroad Company;
thence Southeasterly along said North line of said right of
way to the East line of said swi/4;
thence North on said Bast line to the Northeast corner of
caid sw1/4;
thence west on the North line of said SW1/4 to the Point of
Beginning.
EXCEPTING THEREFROM a parcel conveyed to Weld County by deed
recorded May 26, 1995 in Book 1493 as Reception No. 2440048.
Section 35: All
EXCEPTING THEREFROM a parcel conveyed to Weld County by deed
recorded May 26, 1995 in Book 1493 as Reception NO. 2440048.
Section 36: SW1/4SW1/4, EXCEPT that part excluded from Patent from the
state of Colorado in Book 132 at Page 118, described as
follows:
Commencing at a point 1337 feet North of the southwest corner
of Section 36, Tewnnhip 5 North. Range 63 Waet of the 6th
P.M. ;
thence South 26 degrees 45 minutes East 44 feet;
thence South 32 degrees 32 minutes East. 199 feet;
thence South 52 degrees 19 minutes Bast 192 feet;
thence South 72 degrees 49 minutes East 796 feet;
thence South 50 degrees 20 minutes East 101 feet;
thence South 28 degrees 40 minutes East 503 ,feet;
thence South 17 degrees 50 minutes East 441 feet to a point
1007 feet Sast of the Southwest corner of said section 36;
being a stri of land 150 feet wide, 75 feet on each side of
above descri)d centerline.
TOWN OF: ' All of Blocks 4 and 5, and all of Lots C and e;
5
111111111111111111 III 11111111111111111 I I 11111111111111
3052787 04/16/2003 02:19P Weld County, CO
7 0l 13 R 68.00 D 0.00 Steve Moreno Clerk& Recorder
HARDIN: TOGETHER WITS all of the vacated alley between Blocks 4 and 5
and Lot C; and all of vacated Castle Avenue between Blocks 4
and 5 and Lot c; and all of vacated Davies Avenue south of
Cullen Street; and the southeasterly half of said vacated
Davies Avenue between Cullen Street and Richthofen Street
adjacent to said Lot D. •
EXCEPTING from the applicable portions of the lands described
in said Parcel 1 the following parcels conveyed to the
Colorado Central Railroad Company recorded in Book 30 at Page
237, described as follows:
In Section 17, Township 4 North, Range 62 West through the
SE1/4NE1/4 a Strip of land 60 test wide from the center line
of the Colorado Central Railroad on each side thereof;
through the NW1/4Nt1/4 a strip of land 6o feet in width from
the center line aforesaid and on each side thereof;
through the NE1/4NW1/4 a strip of land 60 feet in width from
said center line on each side thereof;
through the NW1/4NW1/4 a strip of land 100 feet in width from
said center line on each side;
Also, the following described tract in Section 18, Township 4
North, Range 62 West through the N1/ZNE1/4;
a strip of land 130 feet wide measured from the center line .
aforesaid and on each side thereof;
Also in Section 7, Township 4 North, Range 62 West a strip of
land through the W1/28W1/4, 150 feet wide from said center
• line on each side thereof;
Also in Section 12, Township 4 North, Range 63 West a strip
of land 150 feet wide from said center line and on each side
thereof through the E1/2SE1/4.
The following is a .description of the center line of the.
Colorado Central Railroad:
B4a North,�Range 62 West, 1396 at a oint on the East
feet South ots Northeast line of
eion h Township
easst
corner;
running thence North 81 degrees 30 minutes West 5730 feet to
a stake;
• thence North 81 degrees 19 minutes West 36 feet to a stake;
thence North 80 degrees 38 minutes West 100 feet to a stake;
thence North 79 degrees 38 minutes West 100 feet to a stake;
thence North 78 degrees 38 minutes West 100 feet to a stake;
thence North 77 degrees 38 minutes West 300 feet to a stake.;
thence North 76 degrees 38 minutes Nest 100 feet to a stake/
thence North 75 degrees 38 minutes West 100 feet to a stake;
thence North 74 degrees 38 minutes West 100 feet to a stake;
thence North 73 degrees 38 minutes West 100 feet to a stake;
thence North 72 degrees 38 minutes West 100 feet to a stake;
6
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3052787 04M6/2003 02:19P Weld County, CD
8 of 13 9 66.00 D 0.00 Steve Moreno Clerk 8 Recorder
thence North 71 degrees 38 minutes West 100 feet to a stake;
thence North 70 degrees 38 minute(' West 100 feet to a stake:
thence North 69 degrees 38 minutes West 100 feet to a stake;
thence North 68 degrees 38 minutes West 100 feet to a stake;
thence North 67 degrees 38 minutes Pest 100 feet to a stake;
thence North 66 degrees 38 minutes West 100 feet to a stake;
thence North 65 degrees 38 minutes !test 100 feet to a stake;
thence North 64 degrees 53 minutes West 50 feet to a stake;
thence North 64 degrees 38 minutes West 4962 feet to a stake
at the edge of the Platte River, which stake is 1278 feet
West and 768 feet South of the quarter corner on the west
line of Section 7, Township 4 North, Range 62 West.
The line thus described crosses the section and sehaivisional
lines as follows, viz:
The North and South center line of section 17 at point 2041
feet South of the quarter corner on its North line.
The West line of section 17 at a point 682 feet south of the
Northwest corner.,
The North line of Section 18 at a point 313 feet Bast of the
quarter corner of said line.
The North and south center line .of Section 7 at a point 145
feet North of the quarter corner en its section line.
The West line of Section 7 at a point 1361 feet South of the
quarter corner on its West line.
EXCEPTING from the applicable portions of the lands described
in said Parcel 1 the following parcel:
A tract of land located in the E1/2 of Section 34, and the
W1/2 of Section 35, all in Township S North, Range 63 West of
the 6th B.M. , County of Weld, State of Colorado, and being
more particularly described as follows:
Commencing at the East Quarter corner of Section 34 and
considering the East line of said Section 34 to bear South 00
degrees 00 minutes 36 seconds East and with all other
bearings contained herein being relative thereto)
thence South 00 degrees 00 minutes 36 seconds East, 36.00
feet along said East line to the True'Point of Beginning;
thence South 86 degrees 09 minutes 00 seconds West, 711.00
feet;
thence NOrtf 63 degrees 01 minutes 00 seconds Went, 339,00
feet;
thence South 86 degrees 15 minutes 00 seconds West, $6.00
feet;
thence North 29 degrees 35 minutes 00 seconds West. 52.00
feet;
7
IMO 111111111111 III 1111111111 111111 III 11111 IIII IIII
3052787 04/16/2003 02;19P Weld County, CO
9 of 13 R 66.00 0 0.00 Steve Moreno Clerk& Recorder
thence North.72 degrees 23 minuses 00 seconds West, 112.00
feet;
thence North 79 degrees 25 minutes 00 seconds West,99.00
feet
thence North 00 degrees 00 minutes 00 seconds East,318.00
feet;
thence North 28 degrees 47 minutes 00 seconds West, 80.00
feet;
thence North 16 degrees 07 minutes 17 seconds West, 70.99
feet;
thence North 28 degrees 28 minutes 58 seconds West,264.49
feet;
thence North 84 degrees 44 minutes 34 seconds East,506.83
feet
thence South 74 degrees 52 minutes 13 seconds East,1042.77
feet to a point on said East line of Section 34;
thence South 74 degrees 52 minutes 13 seconds East,31.08
feet
thence South 00 degrees 00 minutes 36 seconds East,651.18
feet;
thane.South 86 degters 09 minutes 00 seconds West,30.07
Feet to the True Point of Beginning.
SAVE AND EXCEY1:
Thirty(30)acres,more or less,from Section 20-5-63,as more particularly described in that
certain Agreement by and between National Hog Farms,Inc. and Riverside Irrigation District
recorded December 30, 1993 in Book 1419 as Reception No.2366727.
ALL OF SUBJECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OF
COLORADO
8
111111111111 111111 III 11111 111111 11111 III 111111 III 1111
3052787 04/16/2003 02:19P Weld County, CO
10 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder
All water and water rights, ditch and ditch rights,reservoir and reservoir rights,wells and well rights
appurtenant to the real property described on Exhibit"B", hereto attached and incorporated herein,
including, but not limited to the water and water rights described as follows:
Ditch Rights:
• I00% interest in and to the Illinois Ditch;
• The Meadow Farms Ditch, the Meadow Farms Seepage Ditch, and the Meadow Farms High
Line Extension Ditch;
• New England Livestock Company Right, fka the Riverside Ditch No. 32;
Two (2)recharge pond decrees:
• One which is absolute for 1,200 feet for the benefit of the "70" Ranch; and
• One which is a conditional right for 1,800 feet for the benefit of the"70" Ranch and is not yet
constructed.
Irrigation Wells:
• Two(2)wells more specifically described in adjudication decrees recorded on June 28, 1993,
in Book 705 under Reception No. 1627333, Weld County, Colorado records.
• All wells listed in adjudication decree Case No.W-2982 in the Water Court for Water District
Division 1, with the exception of the wells known as No.2,No. 17,No. 19 and No. 23,all of
which excepted wells are located on lands owned by the State of Colorado and are leased to
Grantor.
• Two (2) water wells with the permit Nos. 12751-R and 12752-R.
• Any rights in connection with the Hoover Ditch and the Harden Ditch, if any,and all alternate
points of diversion therefrom.
EXHIBIT B
I 111111 111 1111111 III 11111111111 111111111 11111II11111
3052787 04/16/2003 02:19P Weld County, CO
11 of 13 R 66.00 0 0.00 Steve Moreno Clerk& Recorder
r_, ' Croup: 28-Irrigation Equipment .._ .
I 134 IRRIGATION SPRINKLER 6/15/88 12,000 zt
ENGINE9,153
r" 291 RRIG8
PIVOT SYSTEMS 14 9(30/89 - . 340,747
9
;f.``� . 360 WIRE&CONDUIT 92119 8,133
423 2 PUMPS 91]0/89 36,637 -
- ,. 426 PUMP 9/30/89 4,168 '
427 'TESTING&ENGINEERJNG CH 900/89 97,903
"'4 431 ELECTRICAL 9/30189 3.627 I. •
4 •
: 434 PUMP 9!30/89 1,944 I
f'-c.--'
-'. •435 CAT DIESEL ENGINE 9(30/89 79,859 /
496 COMPRESSOR SKID 9/30189 }•421
471 PIPE TO PIVOTS I/31/90 4130
-9 • 472 PIVOTS IRR'SYS 89-I2 , 3/31/90. 51.054
524 IRRIGATION PIVOT SYSBIJ 313I/90 67,036 '
525 IRRIGATION PIVOT SYS 014 3/31190 42,936
554 ITENGIN BERING CHARGES 4/30190 37,,38
609 ➢ACKFLOW PREVENTOR EHT- 6/30/90 4,891 -
610 PIPE EHT-2 6/3090 35085 f •• 611 PUMP EHT-2 6/30/90 3,952 • - • "
`,�i
/,12 ELECTRICAL EHT-2 (/30/90. 10,460 •
613 PUMP STATION ENT-2 6/30/96 15,629. ) , '
614 PUMP HOUSE E '-2 613090 18,755 '
In
615 EHT-2 AERATION 600190 90,702 .1
' 616 BLOWER AT E,IT-2 6130/90 49.112 ,
617 CAT liNGlNE 011%2 W30190 22,459 '
618 PIVOT IRRIG SYSTEM 1113 6/30/90 44,747 • •
619 PIVOT IRRIG SYSTEM SIG 6/30/90 61.129
620 . PIVOT IRRIG SYSTEM 077 6/30/90 42,280
62: PIVOT IRRIG SYSTEM 118 6/30/90 54921 •
..41 671 PIVCT022 9/30/90 64,6601
672 PIVOT 0/21 9/30/90 51.169 I •
-
673 PIVOT 020 9/30[90 55,256 i '
'I ' 674 PIVOT 419 9/)0,90 67,207 ; i .
880 CATERPILLAR ENGINE 612319 18,702 ,`_, 906 IRRIG SYSTEM 123 • &310/ 97,850
907 IRRIG SYSTEM 024 8/3719 91,688 j
;F� 908 IRRIG SYSTEM 82$ 8/3119 91,793 i -
;:::4.' 909 MUG SYSTEM 826 813119 79,588 - -
921 IRRIG PIVOT 627 I 1/30/9 111,025 :
929 IRRIG PIVOT 028 11/30/9 150,297 '
.�St. 930 IRKIO PIVOT 829 11130/9 120,1{7 ; ' ' '
�°+ 947 BOOSTER PUMP Q 18 $2115/9 ' 46,259 I
:' a''.• _ _-_941 OOSTgR PUMP 94 7 12/1519 23,475 r .
974 PLUM CREEK FILTER 4/17/92 7,474 — •-' — .' ._ ..
•
11, 475 TL•S"T iv
ELL FOR 614 • ML192 1,821 .
976 NIl5Il 1Y13t AT EIIT•2 3/31,)2 2,660 ' '
981 ➢OOS1'LR AT I8 5/28/92 1,115 -
•
1007 REIJUILD ENGINE/435 W2V01 10,000
1560 REP CIRCUIT BOARD EMT-4 5/11199 2,614 I ;;;,.,
3572 AIR JAMMERS IN EJ-IT 6/1099 40,730 i
IWI A Din eirELINE 2/12996 41,877 .1 .: .I 1685 PRESSURE GUAGES 8/05/'G 1,273
i 882 REWIND MOTOR Q WELL 94 827/99 0..996
2039 REP CAT ENGNN880 3/01/98 15,855
j 3.05780652
0503 REBUILD CATENGN 10/}0/95 6,486 '
30681 IRRIGATION SYSTEM 6/15/88 106,709 ,
30682 IRRIGATION SPRINKLER 6/1518 • 25,597 • •
c - 30683 IRRIGATION PUMPS 6/15/88 24,624 i
•
77T'' 30684 IRRIGATION SPRINKLER &1548 39,096 '..
30685 IRRIGATION SPRINKLER 6/15/88 16.800 -I;, _,,
•st• 30686 ' IRRIGATION SPRINKLER 6/15/88' 17.500 _ • •';:
30687 IRRIGATION SPRINKLER Wl5/88 30,000 '
30688 UNDERGROUND IRRIGATION &15/88 184,877
30689 IRRIGATION SPRINKLER 6115/88 8300 I
30690 IRRIGATION SPRINKLER 6/15/88 •
0 30691 IRRIGATION WELL&PUMP 6/15/88 3,500 • • �'
p • 30693 IRRIGATION WELL&PUMP 6/15/88 7,000 ' ' s?,
.}• 30693 IRRIGATION WELL&PUMP 611548 7,000
30694 IRRIGATION WELL&PUMP 6115/88 7,500 ` • :90695 IRRIGATION WELL.&PUMP 6/15/88 15,000 '
s ' 30696 WELL HOUSE 02 6/2149 300. I .`
30697 BR SPRINKLER SYSTEM ' 6/2089 8 ��=.
UMW
30698 WELL HOUSE I/I 6/2149 00
800 EXHIBIT C';
30499 SEPARATOR 01 EQUIPMENT 8/31/89 83,329
• ' 30700 EHT•I EQUIPMENT 10/31/84 • 3,527 I
30701 PLUMBING SEPARATOR BLDG 10/31/89 - 6,814 I; •
30702 SEPARATOR 112 EQUIPMENT 10/3149 72,079 •
30703 PIVOTS 9-72 1091/89 141,314 .
'�, 30704 SEPARATOR 113 EQUIPMENT 3(3,/90 74,339 1
30705 SEPARATOR 84 EQUIPMENT 8/]1,10 73,071 f •
_
?; ' 30706 WELL 04&PIPELINE 10/16,6% Aft'Mt .
1101 11111 1111111 111 11111111111 111111 III 1111111111111
3052787 04/16/2003 02:19P Weld County, CO
12 of 13 R 86.00 D 0.00 Steve Moreno Clerk 6 Recorder
Property Description
A tract of land located in the South Half of the South Half of Section 20, Township 5 North,
Range 63 West of the 6th P.M., Weld County, Colorado, and being more particularly described
as follows:
Commencing at the West Quarter corner of said Section 20 and considering the West line of the
Northwest Quarter of said Section 20 to Bear North 01°37'58" West, as monumented, and with
all other bearings contained herein relative thereto;
Thence South 37°47'07" East, 2132.66 feet to the true point of beginning, said true point of
beginning also being the Northeast Corner of that tract of land conveyed to the Riverside
Reservoir and Land Co. by Deed recorded July 30, 1914 in Book 401, Page 237, Weld County
Records, as established by the North point of an existing fence;
Thence South 87°06'14"East, 807.25 Feet;
Thence North 79°13'57" East, 361.30 Feet;
Thence South 86°05'18"East, 507.27 Feet;
Thence South 76°36'15" East; 135.96 Feet;
Thence South 00°58'57" West, 867.34 feet to a point on the South line of the Southeast Quarter
of said Section 20;
Thence South 89°51'11" West, 136.38 Feet along said South line;
Thence North 79°00'16" West, 496.45 Feet;
Thence South 85°19'10" West, 376.36 Feet;
Thence North 55°01'07" West, 418.43 Feet;
Thence North 64°58'55" West, 459.82 Feet;
Thence North 03°40'57" West, 409.47 Feet to the true point of beginning.
Said tract of land contains 30.0000 acres, more or less, and is subject to any rights-of-ways or
other easements as granted or reserved by instruments of record or as now existing on said tract
of land.
EXHIBIT D
111111111111111111 I I 11111111111!11111111311111111
3052787 04/16/2003 02:19P Weld County, CO
13 of 13 R 66.00 0 0.00 Steve Moreno Clerk 3 Recorder
EXHIBIT E
MI of that real property conveyed by Grantor by Quit Claim Deed
dated April 11, 1996, recorded April 15, 1996, in Book 1542, Page 516,
Reception No. 2485841 of the of the Clerk and Recorder's Office,
Weld County, Colorado.
EXHIBIT E
Cam/
!III IIIII Jill EIIIJI!IIIII IIII IIIIII III IIIII IIII IIII
, 3137261 12/19/2003 03:08P Weld County, CO
1 of 38 R 191.00 D 325.00 Steve Moreno Clark& Recorder RECORDER'S MEMORANDUM
n` ,,UIMENT WAS FOUND
FOR
SCANN1P4C PUI:I�O S.
WARRANTY DEED
THIS WARRANTY DEED is made as of December 18, 2003, between PERKINS
LAND & LIVESTOCK, LLC, a Colorado limited liability company ("Grantor"), whose address
is 1514 East Main, P.O. Box 267, Unionville, Missouri 63565-0267, and 70 RANCH, L.L.C., a
Colorado limited liability company ("Grantee"), whose address is 9145 East Kenyon Avenue,
Suite 100,Denver, Colorado 80237-1815.
GRANTOR, for and in consideration of the sum of THREE MILLION TWO
HUNDRED Ell~_fY THOUSAND DOLLARS ($3,250,000.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, has
sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its
successors and assigns forever, the following real property in the County of Weld, State of
Colorado, to wit(the"Property"):
See Exhibit A attached hereto and incorporated herein by reference,
together with all improvements, easements and appurtenances thereto belonging or in any way
appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor,
either in law or in equity, of, in and to the Property, including, but not limited to, (1) all rights
Grantor may have in reversions, remainders, rights-of-way, appurtenances, agreements, licenses,
tenements and hereditaments, appertaining to or otherwise benefiting or used in connection with
such real property or the Improvements (as hereinafter defined); (2) all of Grantor's interest, if
any, in minerals and mineral rights, oil and gas and oil and gas rights (excepting those mineral
rights, if any, previously reserved or otherwise severed by recorded instrument) appurtenant to
the Property; and (3) all existing improvements, structures, and fixtures placed, constructed,
installed, or located on the Property, and all fences, gates, plants, frees, landscaping, and other
appurtenances located upon, over, or under the Property(the"Improvements").
GRANTOR does covenant and agree to and with Grantee to warrant and defend the
Property and the quiet and peaceful possession of the Grantee, its successors and assigns, against
all and every person or persons claiming the whole or any part thereof, subject to all real
property taxes and assessments for the year in which this deed is dated, and the exceptions to title
described on Exhibit B attached hereto.
111111 HMI 11111111EMIR 111111 III 11111 IIII IIII
3137261 12/19/2003 03:08P Weld County, CO
2 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder
THIS WARRANTY DEED is dated as of the day and year first above written.
GRANTOR:
PERKINS LAND & LIVESTOCK, LLC,
a Colorado limited ed liability company
By: �i'�Grfirr/ih brrh
Title: /Yi<t.wjr-
STATE OF COLORADO )
j� ) ss.
COUNTY OF, /� l L'if /101-4
r
Thepr oing i`n�st rent was acknowledged before me this �0 play of ) �itthoh
2003, by a. Datlld ter/oils as _ �- r
of Perkins Land & Livestock, LLC, a Colorado limited liability comp y.
Witness my hand and official seal.
My commission expires: IF/`f OS
po
Adh
DARELLA Notary Public
BL0CH
HAD\WP\F2\23016\Closing-Land\Deed-3 doc -2-
1 111111 11111111111111111 1111111{1 111111 11111111 11111111
3137261 12/1912003 03:08P Weld County, CO
3 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder
'EXHIBIT An
LEGAL DESCRIPTION
TOWNSHIP 4 NORTH, RANGE 62 WEST OF TEE STE P.N.
section 3: NWI/4
Section 5: All SO feat
Section 7: All. EXCEPT a strip of land 100 feet wide, being
on each side of center of track o Colorado
Central
7 as
Railroad Company in the SS1/45911/f of said Section
conveyed to said company in Deed recorded in Book 50 at
Page 566.
ALSO EXCEPTING THEREFROM that parcel
limited liability
l of ln of dsonveyed
to The TH Ranch. IJ,C,
company by Deed recorded June 12, 2003 as Reception No.
3072321.
TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE WEE P.N.
Section 3: W1/2E1/2 Section 15, w1/2E1/2, WS/2
Section 17; All
Section la: All - -
Section 19: All
Section 201 All
Section 21' All
Section 291 111
Section 31: All
Section 33. All
TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TA P.M.
section 1: AllAL O EXCEPTING
oSThe TH Ranch.THEREFROM parcel
TLC, aColoradolimitedl liability
and as nveyed
company by Deed recorded June 12, 2003 as Reception No.
3072323.
Section 3: ALL, EXCEPT a strip of land 100 feet wide, being 50 feet
on each side of center of track of Colorado Central
Railroad Company in the NE1/4 o₹ said Section 3 as
conveyed to said company in Deed recorded in Book 50 at
page 566, and
EXCEPT a scrip of land 200 feet wide on each aide of the
center line of the railroad of the Union Pacific
Railroad Company. as reserved by said Company in
Warranty Deed co the NE1/4 of said Section 3 recorded in
Book 201 at Page 52: and
EXCEPT that part of NW1/4 of said Section 3 conveyed to
Rose Park in Quit Claim Deed recorded in Book 1345 at
Page 433 described as that portion of land lying and
being formerlyolaid hout e eas ast i county de of troad he lbut abandoned/2 of said section
ao
eocA. parcel conveyed to Weld County by
deedPreNG dedRMyOM a Y
deed recorded May 26, 1995 in Book 1493 as Reception Na.
2410049.
ALSO EXCEPTING THEREFROM that parcel of land as conveyed
to The TH Ranch, LLC, a Colorado limited liability
company by Deed recorded June 12, 2003 as Reception No.
3072323.
Section 10: ALL, EXCEPT that part of the NF1/45E1/4 thereof conveyed
to the State Department of Highways, Division of
• Highways. State of Colorado in Special Warranty Deed
a recorded in Book 1215 as Reception No. 2161552.
go described as follows:
Beginning at a point on the Bast right of way line of
a cc Weld County Road 69 (July 1988) from which the Ease
a ee Quarter corner of said Section 10 bears
sfNorth124f degrees
�-. ₹ 08 minutes 40 seconds East a distance
nt thence North 89 degrees 10 minutes 40 seconds West 44
�coa0 feet tO a point on the West right of way line of Weld
a o County Road 69:
==2 thence South 21 degrees 21 minutes 23 seconds West
0 0 222.37 feet;
w ee thence South 61 degrees 36 minutes 40 seconds Nest 57.28
a g feet to a point on the Northeast right of way line of
ro S' state Highway 36 (July 1968) ;
=3 CO thence South 57 degrees 36 minutes East continuing along
la
said right Of way line 293.45 feet;
imnc 0 thence North 10 degrees 29 minutes 30 seconds West
ammo 2 397.59 feet, more or less, to the Point of Beginning.
o h`�i ALSO EXCEPTING THEREFROM that parcel of land as conveyed
mime
p to The TN Ranch, LIZ, a Colorado limited liability
Mail c, company by need recorded June 12, 2003 an Reception No.
e e 3072323- of Section 10
C.1
ALSO EXCEPTING THEREFROM that portion
r-- conveyed by Deed recorded November 4. 1998 as Reception
�
,-rc NO. 2653549•
a
a,-co
r TOWNSHIP 5 NORTH, RANGE 63 WEST OF TSE 6TH P.M.
a0 o
f")O Section 9: All
Section 13: All •
Section 17: All Section 20: S1/2, NW1/4; EXCEPT that portion of the S1/25W1/4
thereof conveyed to the Riverside Reservoir and Land
Company in warranty Deed recorded in Book 401 at Page
237. described as follows.
- Beginning at a point 200 feet South 87 degrees 25
minutes East of Station 0 of the right of way of the
feeder ditch of The Riverside Reservoir, from whence the
Northwest corner of said Section 2D bears North 03
degrees 19 minutes West 4492 feet;
thence run in an Easterly direction along the Southern
boundary of the right of way of feeder ditch 750 feet to
a point on the Southern boundary of said of right of
way:
thence run due South 550 feet, more or less, to a point
on the North bank of the South Platte River;
thence run in a Northwesterly direction along the North
bank of the south Platte River to the Place of
Beginning.
Section 21. All
Section 22: All
Section 23: All
Section 24: All
section 25: All SE1/QSW1/4
Section 27: e1/2, NW1/t, N1/25X71/4
Section 34: E1/2, E1/2NW1/4; and that part of the E1/2SW1/4
described as follows:
Beginning at a point on the North line of the SW1/4 of
Section 34, 1675 feet East of the Northwest corner of
said SW1/4, tO a point on the North line of the right of
way of the Union Pacific Railroad Company;
thence Southeasterly along said North line of said right
of way to the East line of said SW1/4:
thence North on said East line to the Northeast corner
of said SW1/4;
thence West on the North line of said Sw1/4 to the Point
of Beginning.
EXCEPTING THEREFROM a parcel conveyed to Weld County by
deed recorded May 26, 1995 in Book 1493 as Reception No.
2440048•
ALSO EXCEPTING THEREFROM that parcel of land as conveyed
to The TH Ranch, LLC, a Colorado limited liability
company by Deed recorded June 12. 2003 as Reception No.
3072323.
I 111111 11111 111111111111111111111111111111111111111l l
5 of 38 R 191.00 0 321912003 5.00 Steve 813 Weld Moreno Clerk& Recorder
section 35= A11
THEREFROM a parcel conveyed to Weld County by
ZXCEPTING deed recorded May 26, 1995 in SOOk 1493 as Aeception NO.
24SO E �
A C THEREFROM that parcel et land as conveyed
�"`�to pan Tb Ranch; a Colorado limited liability
company by Deed ado,recorded Duna 12, 2003 as Reception No.
3072323.
Section 36, the State9 of in BookXCEPT that part e122uatdPage trod
110, deacr Ded
as follows=
ComMencorner Section 36,
point
1337 feet
5 Noh Range 63
Norh
f Southwest
West of
the 6th P.N.;
thence South 26 degrees 45 minutes East 44 feet;
thence South 32 degrees 32 minutes East 199 feet;
thence South 52 degrees 19 minutes East 192 feet;
thence South 72 degrees 49 minutes Bast 296 Erect
thence South 50 degrees 20 minutes East 101 feet,
thence South 28 degrees 40 minutes Eaet 503 feet;
than". South 17 degrees 50 minutes East 441 feet to a
point 1007 feet East of the Southwest corner of said
feet
Section 36, being a strip of land 150 feet wide,
75 on each side of above described centerline.
ALSO EXCEPTING THEREFROM that parcel of land as conveyed
- - — - - to?'he TH Ranch, LLc, a Colorado limited liability
company by Deed recorded June 12, 2003 as Reception No-
3072323.
TOWN OF: All of Blocks 4 and 5, and all of Lots C and D; _
d
HARDIN. 11 of 5
and LotC;I andaall of tvacatedtCastle Avenuehe vacaed all ebetweenen kBlocks4
and 5 and Lot C; and all of vacated Davies Avenue South of
Cullen acated
Davies Avenue er between end eCullen eStreet ya dlRichtho£enf of said v Street
adjacent to said Lot D. applicable onions of the lands
EXCEPTING from the app P
described in said Parcel 1 the following parcels
conveyed to the Colorado Central Railroad Company
recorded in Book 30 ac Page 237, described as follows;
In Section 17, Township 4 North, Range 62 West through
the SE1/4NE1/♦ a strip of land 6o feet wide from the
center line of the Colorado Central Railroad on each
aide thereof;
through the NW1/4NE1/4 a strip of land 60 feet in width
from the center line aforesaid and on each side thereof;
through the NE1/4NW1/4 a strip of land 60 feet in width
from said center line on each side thereof;
through the NW1/4NW1/4 a strip of land 100 feet in width
from said center line on each side,
Also, she following described tract in Section 18,
Township 4 North, Range 62 West through the N1/2NE1/4,
a strip of land 130 feat wide measured from the center
line aforesaid and on each side thereof;
Also in Section 7. Township 4 North, Rouge 62 Meat a
strip of land through the W1/2SW1/4, 150 feet wide from
said center line on each side thereof;
Also in Section 12. Township 4 Worth, Range 63 West a
strip of land 150 feet wide from said center line and on
each side thereof through the E1/25£1/4.
1111111 IIIII ���� IIIIII11 ����� 1111111111 III Ilfll 101 1111
3137261 12/19/2003 03:08P Weld County, CO
6 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder
The following is a description of the renter line of the
Colorado Central Railroad.
Beginning at a h,point on
62e East line of West, 1396 feet Section
of its
Township a North. Range
Northeast corner;
running thence North 81 degrees 30 minutes Wept 5730
feet to a stake;
thence North B1 degrees 19 minutes West 36 feet to a
Stake;
thence North 80 degrees 38 minutes West 100 feet to a
stake;
thence North 79 degrees 38 minutes West 100 feet to a
stake:
thence North 78 degrees 38 minutes West 100 feet to a
stake;
thence North 77 degrees 3B minutes West 100 feet to a
Stake:
thence North 76 degrees 38 minutes West 100 feet to a
stake;
thence North 75 degrees 36 minutes West 100 feet to a
stake;
thence North 74 degrees 38 minutes West 100 feet t0 a
stake;
thence North 73 degrees 38 minutes West 100 feet to a
stake;
tbeece North 72 degrees 38 minutes West 100 feet to a
stake:
thence North 71 degrees 38 minutes West 100 feet to a
stake;
thence North 70 degrees 38 minutes West 100 feet to a
stake;
thence North 69 degrees 38 minutes West 100 feet to a
stake;thence North 68 degrees 38 minutes West 100 feet to a
trance, 38,minutes West 100 feet to a
--- - -- thence North 67-degrees
stake; - . . _
thence North 66 degrees 38 minutes West 100 feet to a
stake;
thence North 65 degrees 3B minutes West 100 feet to a
stake;
thence North 64 degrees 53 minutes West 50 feet to a
stake;
thence North 64 degrees 30 minutes West 4962 feet to a
stake at the edge of the Platte River, which stele is
1271 feet West and 768 feet South of the quarter corner
on the West line of Section 7, Township 4 North, Range
62 West.
The line thus described crosses the section and
subdivisional lines as follows, via:The North and South center line of Section 17 at point
1041 feet South of the quarter corner on its North line.
' The West line of Section 17 at a point 682 feet South of
the Northwest corner.
The North line of Section 18 at a point 313 feet East of
the quarter corner of said line.
The North and South center line of Section 7 at a point
lay feet North of the quarter corner on its section
line.
The West line of Section 7 at a point 1361 feet South of
the quarter corner on its West line.
EXCEPTING from the applicable portions of the lands
described in said Parcel 1 the following parcel:
A tract of land located in the gi/2 of Section 34, and
the N1/2 of Section 35, all in Township 5 North, Range
63 West of the 6th P.N., County of Weld, State of
Colorado, and being more particularly described as
follows, r corner Section and
rnonsideringncing athe t hEast e n line t aofesaid Section 34 to bear
South 00 degrees 00 minutes 36 seconds sa=t and with all
other bearings contained herein being relative thereto;
thence South 00 degrees 00 minutes 36 seconds East,
36.00 feet along said East line to the True Paint Of
'm Beginning;
'. thence South 86 degrees 09 minutes 00 seconds west,
7}1.00 feet;
5 CD
CC thence North 63 degrees 01 minutes 00 seconds West,
339.00 feet;
e thence South 86 degrees 35 minutes CO seconds West,
Isom
86.09 feet;
m thence North 29 degrees 35 minutes co seconds West,
�UV
0 52.00 feet;
� thence North 72 degrees 23 minutes 00 seconds West,
0 112.00 tact:
g thence North 75 degrees 25 minutes DO seconds West,
99.00 feet;
a thence North no degrees 00 minutes 00 seconds East,
m m
te.ce feet;
a thence North
North 18 degrees 47 minutes 00 seconds West,
o_O 80.00 feet;
o . thence North 16 degrees 07 Minutes 17 Seconds West,
0 70.99 Eece;
ems 0 thence North 28 degrees 28 minutes 58 seconds West,
264.49 feet;
=too
thence North 84 degrees 44 minutes 34 seconds East,
.._C.4 4 506.83 feet;
ma a a, thence South 74 degrees 52 minutes 13 seconds East,
1042.77 feet to a point an said East line of Section 34;
=r¢ thence South 74 degrees 52 minutes 13 seconds East,
31.08 feet;
-N thence South 00 degrees OD minutes 36 seconds East,
n— 651.18 teat;
i r o thence South B6 degrees 09 minutes 00 seconds west,
-m 30.07 feet to the True Point of Beginning.
ALL OF SUESECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OF COLORADO.
11111111 11NI111111111111(11111 III 11111 III! l It
3137261 12/1912003 03:08P Weld County, CO
8 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder
^EXHIBIT A"
LEGAL DESCRIPTION
TOWNSHIP 4 NORTH, RANGE 62 WEST OP THE 6TH P.M.
Section 3: NW1/4
Section 5: All
Section 1: All. EXCEPT a strip of land 100 feet wide, being SO feet
on each gide of center of track of Colorado Central
Railroad Company in the SE1/45w1/4 of said Section 7 as
conveyed to said company in Deed recorded in Book SO at
Page 586.
ALSO EXCEPTING THEREFROM
Cthat parceliofdlanab#sics onveyed
to The TH Ranch, LLC, Reception No.
company by need recorded June 12, 2003 as
3012323.
TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 5TH P.N.
Section 3: W1/281/2
Section 15, W1/221/1, W1/2
Section 17: All
Section 18, All -
- - - Section 19: All
Section 20: All
Section 21, All
Section 29; All
Section 31: All
Section 33: All
TOWNSHIP 4 NORTH, RANGE 63 WEST OP THE 6714 P.M.
Section 1: All
ALSO EXCEPTING THEREFROM that parcel of land as conveyed
to o The Ranch,LecordedCJunea12.o 1imited 2001 as1Reception No.
company by
3072323.
Section 3, ALL, EXCEPT a strip of land 100 feet wide, being 50 feet
on each side of center of track of Colorado Central
Railroad Company in the NE1/4 of said Section 3 a5
conveyed to said company in Deed recorded in Book 50 at
Page 586; and
EXCEPT a strip of land 200 feet wide on each side o£ the
center line of the railroad of the Union Pacific
Railroad Company, as reserved by said company in
warranty peed to the NE1/4 of said Section 3 recorded in
Book 201 at Page 52; and
EXCEPT that part of NW1/4 of said Section 3 conveyed to
Rose Park in Quit Claim Deed retarded in Book 1245 at
Page 433 described as that portion of land lying and
being along formerly laid r out e eas a st l county de of troad but he N1/2 oabandoned f said c on
ea
such.
EXCEPTING THEREFROM a parcel conveyed to Weld County by
deed recorded May 26, 1995 in Book 1493 as Reception No.
2440048.
ALSO EXCEPTING THEREFROM that parcel of land as conveyed
to The TH Ranch, LLC, a Colorado limited liability
company by Deed recorded June 12, 2003 as Reception No.
3072323.
Section 10' ALL, EXCEPT that part of the NE1/4SE1/4 thereof conveyed
o.• co the State Department of Highways, Division of
Q1 • Highways, State of Colorado in Special Warranty Deed
ce recorded in nook 1215 as Reception No. 21615$2,
- cc described as tollowa;
Beginning at a point on the
East
right
thofh Way
aye liner of
^t Weld County Road 69 (July 9 Ea) from
MIS t Quarter corner of said Section 10 bears North 24 degrees
—CJ m OR minutes 40 seconds East a distance of 258.16 feet;
:mom
thence North 89 degrees 10 minutes 40 seconds west 44
limm 2:� feet to a point on the West right of way line of Weld
- e: a County Road 69;
'oE thence South 21 degrees 21 minutes 23 seconds Wept
a4aat•c� 222.37 feet;
a? g thence South 61 degrees 36 minutes 40 seconds West 57.28
°'°. feet to a point on the Northeast right of way line of
-3 H State Highway 36 (July 1998) ;
—o_o thence South 57 degrees 36 minutes east continuing along
=Studsaid right of way line 293.45 feet;
�(.j thence North 10 degrees 29 minutes 3o seconds West
mime 397-59 feet, more or less, to the Point of Beginning.
- o ALSO EXCEPTING THEREFROM that parcel of land as conveyed
to The TH Ranch, LLC, a Colorado limited liability
Nome-N 40 c company by need recorded June 12, 2003 as Reception No.
am-am 3072323.
a r ALSO EXCEPTING THEREFROM that portion of Section 10
=r e_ conveyed by peed recorded November 4, 1998 as Reception
a4ne• NO. 2651549•
—en
m
N
SEMI C TOWNSHIP 5 NORTH, RANGE 53 WEST OF THE 6TH P.N.
—.-
-co ea
Section 9: All
Section 13: All •
Section 17: All of the S1/2Sw1/4
Section 20; 51/2, NW1/4; EXCEPT that portion
thereof conveyed to the Riverside Reservoir and Land
Company in Warranty Deed recorded in Book 401 at Page
237, described as follows,
Beginning at a point 200 feet South B7 degrees 25
minutes East of Station 0 of the right of way of the
feeder ditch of The Riverside Reservoir, from whence the
Northwest corner of said Section 20 bears North 03
degrees 19 minutes West 4492 feet;
thence run in an Easterly direction along the Southern
boundary of the right of way of feederid tc right of
ih 750 feet to
• a point on the Southern boundary of
way;
thence run due South 550 feet, more or less, to a point
on the North bank of the South Platte River;
thence run in a Northwesterly direction along the North
bank of the South Platte River to the Place of
Beginning.
Section 21, All
Section 22: All
Section 23, All
Section 24, All
Section 25, All SE1/4SW1/4
Section 27: E1/2, NW1/4, N1/2SW1 4/ ,
Section 34, E1/2, E1/2NW1/4; and that part of the R1/2SW1/4
described as follows,
Beginning at a point on the North line of the SW1/4 of
Section 34, 1675 feet East of the Northwest corner of
said SW1/4, to a point on the North line of the right of
way of the union Pacific Railroad Company;
thence Southeasterly along said North line of said right
of way to the East line of said SW1/4;
thence North On said East line Co the Northeast corner
O£ said Sw1/4;
thence West on the North line of said Sw1/4 to the Point
of Beginning.
EXCEPTING THEREFROM a parcel conveyed to Weld County by
deed recorded May 26, 1995 in Book 1493 as Reception No.
2440048.
ALSO EXCEPTING THEREPROM that parcel of land as conveyed
to The TH
b Ranch,Deed recordedCJuneado 12,12003 ed liability
Reception n No.
Y
3072323.
11111111111 IIII 1111111111111 IIII 111111 III 111111 III IIII
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10 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder
Section 35: All
THEREFROM a parcel conveyed to weld County by
deed recorded May 26, 1995 in Book 1493 as Reception N0.
2440046.ALSO EXCRETING THEREFROMColorado limited liability
ttlnveys
d
to The TH Roach, 144,
company by Deed recorded June 12, 2003 as Reception No.
3072323.
Section 36, SN1/4SWI/4, EXCEPT that part exudae t F
excluded from Patentdescribed
the state of Colorado in Hook 122 a8
as fellows,
commencing at.a point 1337 feet North of the Southwest
corner of Section 36, Township 5 North, Range 63 West of
the 6th P.N.:
thence South 26 degrees 45 minutes East 44 feet;
thence South 32 degrees 32 minutes East 139 feet;
thence South 52 degrees 19 minutes East 192 feet;
thence South 72 degrees 49 minutes East 296 feet;
thence South 50 degrees 20 minutes East 101 feet;
thence South 28 degrees 40 minutes East 501 feet;
thence South 17 degrees 50 minutes East 441 feet to a
point 1007 feet East of the Sonthwest corner of Bain
Section 361 being a strip of land 150 feet wide, 75 feet
on each side of above described centerline.
ALSO EXCEPTING THEREFROM that parcel of land as conveyed
-- - to The TH Rnnch, LLC, a Colorado limited liability
company by Deed recorded June 12, 2003 as Reception No.
3072323.
TOWN OF: All of Blocks 4 and 5, and all of Lots C and D;
HARDIN: TOGETHER WITH all of the vacated alley between Blocks 4 and 5
and Lot C; and all of vacated Castle Avenue between Blocks 4
and 5 and Lot C; and all of vacated Davies Avenue South of
Cullen street; and the Southeasterly half of said vacated
Davies Avenue between Cullen Street and Richthof en Street
adjacent to said Lot D.
EXCEPTING from the applicable portions of the lands
described in said Parcel 1 the following parcels
conveyed to the Colorado Central Railroad company
recorded in Rook 30 aC Page 237, described as follows:
In Section 17, Township 4 North, Range 62 West through
the SE1/4NE1/4 a strip of land 60 feet wide from the
center line of the Colorado Central Railroad on each
Bide thereof;
through the NW1/4NR1/4 a strip of land 60 feet in width
from the center line aforesaid and on each side thereof;
through the NE1/4NW1/4 a strip of land 60 feet in width
from said center line on each side thereof;
through the NW1/4NW1/4 a strip of land 100 feet in width
from said center line on each side;
Also, the following described tract in Section 15,
Township 4 North, Range £2 West through the Nl/2NE1/4,
a strip of land 130 feet wide measured from the center
line aforesaid and on each side thereof;
Also in Section 7, Township 4 North, Range 62 west a
strip of land through the W1/2SW1/4, 150 feet wide from
said center line on each aide thereof;
Also it Section 12, Township 4 North, Range 63 West a
strip of land 150 feet wide from said center line and on
each side thereof through the E1/2SE1/4.
I 111111 II II VIII 101(111!III 1111111111 I11 III!' III IIII
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11 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder
The following is a description of the center line of the
Colorado Central Railroad,
Beginning at a point on the East line of Section 17,
Township 4 North, range 62 West, 1396 feet South of its
Northeast corner; minutes West 5730
running thence North 81 degrees 30
feet to a stake;
thence North 81 degrees 19 minutes West 36 feet to a
nuke;
thence North 80 degrees 38 minutes West 100 feet to a
stake;
thence North 79 degrees 38 minutes West 100 feet to a
stake;
thence North 78 degrees 38 minutes West 100 feet to a
stake;
thence North 77 degrees 38 minutes West 100 feet to a
stake:
thence North 76 degrees 30 minutes West 100 feet to a
stake;
thence North 75 degrees 38 minutes West 180 feet to a
stake:thence North 74 degrees 38 minutes West 100 feet to a
stake;
thence North 73 degrees 38 minutes West 100 feet to a
stake:
thence North 72 degrees 38 minutes West 100 feet to a
stake;
thence North 71 degrees 38 minutes West 100 feet to a
stake;
thence North 70 degrees 38 minutes West 100 feet to a
stake:
thence North 69 degrees 38 minutes West 100 feet to a
stake;thence North 6B degrees 38 minutes West 100 feet to a
stake;
- - thence Worth 67- degrees 3s.minutes west 100 feet to a -.
stale;
thence North 66 degrees 38 minutes West 100 feet to a
stake;
thence North 55 degrees 3e minutes West 100 tee". Co a
stake;
thence North 64 degrees 53 minutes West 50 feet to a
stake;
thence North 64 degrees 36 minutes Went 4963 feet to a
stake at the edge of the Platte River, which stake is
1278 feet West and 768 feet South of the quarter corner
on the West line of Section 7, Township 4 North, Range
62 West.
The line thus described crosses the section and
subdivisions' lines as follows,
The North and South center line of Section 17 at point
1041 feet South of the quarter corner OA its North line.
The West line of Section 17 at a point 682 feet South of
the Northwest corner.
The North line of Section 18 at a point 313 feet East of
the quarter corner of said line.
The 145 feeth and Northsofth theenter quarterne of cornereonion its? at sectiondint
line.
The West line of Section 7 at a point 1361 feet South of
the quarter corner on its West line.
&BCEPTING from the applicable portions of the lands
described in said Parcel 1 the following parcel:
A tract Of land located in the 21/2 of Section 34, and
the W1/2 of Section 35, all in Township 5 North, Range
63 West of the 6th P.M., County of Weld, State of
Colorado, and being more particularly described as
follows:
commencing at the East Quarter corner of section 34 and
considering the Bast line o£ said Section 34 to bear
South o0 degrees 00 minutes 36 seconds East and with all
other bearings contained herein being relative thereto;
thence South 00 degrees 00 minutes 36 seconds East,
` 36.00 feet along said East line to the True Paint of
m
0 thence Beginn1South E6 deg
rees 09 minutes 00 seconds West,
ISM 11.00 teat;
SM ir
,0 thence North 63 degrees 01 minutes 00 seconds West,
s 339.00 feet;
--� a, thence South 96 degrees 35 minutes CO seconds West,
ea o a 86.00 feet;
�
c� 0 thence North 29 degrees 35 minutes 00 seconds West,
52.00 feet:
e—Zi0 thence North 72 degrees 23 minutes 00 seconds West,
o' 112.00 feet;
mac a> thence North 79 degrees 25 minutes 00 seconds West,
m 99.00 feet;
Ima‘b o, thence North 00 degrees 00 minutes 00 seconds East,
lialn 0 318.00 feet:
o.q thence North 28 degrees 47 minutes 00 seconds West,
—moo •
_ ui 80.00 feet;
SIM of thence North 16 degrees 07 minutes 17 seconds West,
�i. O 70.99 feet;
r.�� thence North 2E degrees 28 minutes sE seconds West,
_c g 264.49 feet;
thence North 84 degrees 44 minutes 34 seconds East.
�e cm,
506.83 feet;
thence South 74 degrees 52 minutes 13 seconds East,
gamma)rc 1042.77 feet to a point an said East line of Section 34;
thence South 74 degrees 52 minutes 13 seconds East,
31.08 feet;
r-------e4.„, thence South 00 degrees 00 minutes 36 seconds East,
Maroc c 651.18 feet;
M thence South 56 degrees 09 minutes 00 seconds West,
30.07 feet to the True Paint o£ Beginning.
ALL OP SUBJECT PROPERTY LOCATRD IN COUNTY OF WELD, STATE OF COLORADO.
EXHIBIT B
EXCEPTIONS
1 - 6 intentionally omitted.
7. Rights of way, whether in fee or easement only, 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, 1689 in Book 86 at Page 273 .
8 . Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in U. S. Patents of record:
DATE OF RECORD BOOK PAGE PROPERTY AFFECTED
9/18/1882 34 22 SE1/4NE1/4, NE1/4SE1/4
Section 34-5-63
5/3/1883 34 165 SE1/4NW1/4 Section 34-5-63
5/15/1891 57 139 NE1/4NW1/4, W1/2NE1/4
NE1/4NE1/4 Section 34-5-63
10/6/1898 51 387 NE1/4 Section 10-4-63
6/20/03 132 70 SW1/4 Section 34-5-63
11/15/05 132 143 W1/2SE1/4, SE1/4SE1/4
Section 34-5-63
4/30/09 132 245 S1/2SW1/4 Section 20-5-63
10/29/23 333 466 SE1/4 Section 20-5-63
9 . -Reservation of right of way for any ditches or canals constructed_
byauthority of the United States, in U. S. Patents of record:
DATE OF RECORD BOOK PAGE PROPERTY AFFECTED
11/15/05 132 143 W1/2SE1/4 , SE1/4SE1/4
Section 34-5-63
3/27/17 461 172 SW1/4 Section 18-5-62
3/27/17 461 173 NW1/4 Section 18-5-62
3/27/17 461 174 SE1/4 Section 18-5-62
7/3/20 595 92 W1/2 Section 20-5-62
4/23/21 595 317 E1/2 Section 20-5-62
12/29/22 595 569 E1/2 Section 24-5-63
12/29/22 595 570 W1/2 Section 24-5-63
3/13/25 677 127 N1/2NW1/4, SE1/4NW1/4 ,
NE1/4SW1/4, SEl/4
Section 10-4-63
6/13/28 668 262 All Section 22-5-63
6/4/34 961 17 W1/2E1/2 Section 3 ; Wl/2,
W1/2E1/2 Section 15,
all Sections 17, 19 and 29;
N1/2 Section 33-5-62
3/30/36 990 483 NE1/4 Section 18-5-62
6/30/36 995 338 51/2 Section 33-5-62
IIIIII IIIII It IIIIIIII III III Ill III Bill III ill
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13 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder
11111 11111 1111 IIIIIIII 11111 Ell I111I1 III Illlll III IIII
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14 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder
EXCEPTIONS
10 . All coal and other minerals, together with the right to prospect
for, mine and remove the same pursuant to the provisions and
limitations of the Act of December 29, 1916 (39 Stat . , 862) , as
reserved in the following U.S . Patents of record:
DATE OF RECORD BOOK PAGE PROPERTY AFFECTED
4/23/21 595 317 E1/2 Section 20-5-62
12/29/22 595 569 El/2 Section 24-5-63
6/13/28 668 282 All Section 22-5-63
3/30/36 990 483 NE1/4 Section 18-5-62
and any interests therein or rights thereunder.
11 . Reservations by the Union Pacific Railroad Company of (1) all coal
and other minerals underlying subject property, (2) the exclusive
right to prospect for, mine and remove coal and other minerals,
and (3) the right of ingress and egress and regress to prospect
for, mine and remove coal and other minerals, all as contained in
the following deeds of record:
DATE OF RECORD BOOK PAGE PROPERTY AFFECTED:
2/16/1900 183 74 All Sections 9 and 17-5-63
7/1/02 201 52 All Sections 25, 27 and
N1/2 Section 35 of 5-63 ;
12/21/06 233 70 S1/2 Section 3-4-63
and any interests therein or rights thereunder.
12 . Reservations by the Union Pacific Railroad Company of (1) all coal
and other minerals underlying subject property, (2) the exclusive
right to prospect for, mine and remove coal and other minerals,
and (3) the right of ingress and egress and regress to prospect
for, mine and remove coal and other minerals, all as contained in
the following deeds of record:
DATE OF RECORD BOOK PAGE PROPERTY AFFECTED:
3/23/05 217 526 Nl/2NW1/4 , SE1/4NW1/4 ,
E1/2SW1/4 ,
El/2 Section 7-4-62 ; and
25-5-63
4/18/06 233 27 All Section 21-5-63
4/7/16 445 24 All Section 13 and 23-5-63
and any interests therein or rights thereunder.
1111111 IIIII Hil rlllllll rllll rill IINII IN rrllll III IIII
3137261 12/19/2003 03:08P Weld CovnW CO
5d 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder
EXCEPTIONS
13 . Right of way, whether in fee or easement only, of unspecified
dimensions and location for the Hardin Ditch through Sections 2 ,
3, 4 and 12 , Township 4 North, Range 63 West and Section 33 ,
Township 5 North, Range 63 West, as disclosed by Map and Statement
of the Hardin Ditch Company, recorded June 14, 1984 in Book 39 at
Page 168 .
14 . Right of way, whether in fee or easement only, for the Latham
Extension Ditch 25 feet in width, granted to E. B. Barnes by Fritz
Niemeyer by instrument recorded April 25, 1885 in Book 46 at Page
460, in which the specific location of the easement is not
defined.
(Affects NE1/4 Section 10)
15 . EXCEPTION DELETED
16 . Right of way, whether in fee or easement only, for the
construction, operation and maintenance of an irrigating canal , as
granted to the New England Livestock Company by Deed, recorded
March 9, 1887 in Book 43 at Page 414, affecting the following
described property:
As more particularly described in said instrument .
(Affects the -NW1/4 and S1/2 of Section 19 and SW1/4 of Section
20-T5N-R63W)
17 . Right of way, whether in fee or easement only, for an irrigating
ditch, as granted to the New England Livestock Company by Deed,
recorded April 18, 1887 in Book 69 at Page 203, affecting the
following described property:
The SW1/4 of Section 21, Township 5 North, Range 63 West of the
6th P.M.
18 . The Hoover Ditch and right of way, whether in fee or easement
only, therefor as evidenced by instruments recorded June 18, 1896
in Book 149 at page 113 and recorded May 23, 1911 in Book 336 at
Page 513, in which the specific location of said ditch is not
defined.
(Affects the SW1/4 of 20-5-63)
111111 Ilill IIII 1111111 1IIII IIII 111111 III Hill Ili IIII
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16 of 38 R 191.00 D 325.00 Steve Moreno Clerk & Recorder
EXCEPTIONS
19. Right of way, whether in fee or easement only, for an irrigation
ditch, as granted to the New England Livestock Company by Deed,
recorded February 3, 1887 in Book 43 at Page 401, affecting the
following described property:
Beginning on the North line of the SE1/4SW1/4 of Section 20,
Township 5 North, Range 63 West at a point 600 feet West of the
Northeast corner of said 40 acres of land and running in an
Easterly direction to the East line of said 40 acres at a point
200 feet South of said Northeast corner of said 40 acres, said
right of way being 40 feet wide and 635 feet long.
20 . Right of way, whether in fee or easement only, 150 feet in width
to operate and maintain a irrigation ditch as reserved by S . J.
McAfee and A. M. Todd in the Deed recorded October 21 , 1901 in
Book 187 at Page 336, in which the specific location of said right
of way is not defined.
(Affects SE1/4 of 20-5-63)
21 . Right of way, whether in fee or easement only, for the inlet ditch
to Riverside Reservoir, as granted to The South Platte Land,
Reservoir and Irrigation Company by the Trustees under the Will of
Robt . E . Carr and The Evans Investment Company, recorded April 20,
1904 in Book 208 at Page 545 , affecting the following described
property:
As more particularly described in said instrument .
(Affects Section 5-4-62)
22 . Right of way, whether in fee or easement only, for a canal feeder
for reservoir, as granted to the Riverside Reservoir and Land
Company by Deed, recorded November 4, 1904 in Book 218 at Page
404 , affecting the following described property:
As more particularly described in said instrument .
(Affects S1/2SW1/4 20-5-63)
23 . Right of way, whether in fee or easement only, for public road, as
granted to Weld County by Frank Benton, recorded February 7, 1905
in Book 212 at Page 78 , affecting the following described
property:
A strip of land 50 feet in width lying between Sections 34 and 35,
Township 5 North, Range 63 West the same being 25 feet on each
side of the section lines .
24 . EXCEPTION DELETED.
111111111111 IIII 1111111111111 IIII 111111 III 111111 III 1111
3137261 12/19/2003 03:08P Weld County, CO
17W 38 R 191.00 0325.00 Steve Moreno Clerk & Recorder
EXCEPTIONS
25. Right of way, whether in fee or easement only, for an irrigation
ditch of The Bijou Irrigation District , as awarded to said
district under Decree of the District Court of Weld County,
recorded December 23 , 1907 in Book 271 at Page 156, affecting the
following described property:
As more particularly described in said instrument .
(Affects Section 3-4-63)
26 . Right of way, whether in fee or easement only, for the Riverside
Canal , as granted to The Riverside Reservoir and Land Company by
The 70 Ranch and Farms Company, recorded March 3 , 1910 in Book 233
at Page 582, affecting the following described property:
As more particularly described in said instrument .
(Affects Sections 27 and 35, in T5N-R63W and Section 1-4-63 and
Section 7-4-62)
27 . Right of way, whether in fee or easement only, for the Kersey
Canal , as disclosed by Map and Statement filed October 20 , 1910
under Reception No. 159981, affecting portions of the following
described property, said canal being 53 feet wide on the top and
40 feet on the bottom:
NE1/4NWl/4, Nl/2NE1/4, SE1/4NE1/4 Section 10, Township 4 North,
Range 63 West of the 6th P.M.
28 . Right of way, whether in fee or easement only, for the Empire
Ditch, as granted to The Bijou Irrigation District by Louise Von
Richthofen, recorded April 1, 1914 in Book 393 at Page 222 and as
awarded to said district under Decree of the District Court of
Weld County, Colorado under Decree recorded February 25, 1907 in
Book 202 at Page 182 , affecting the following described property:
As more particularly described in said instrument .
(Affects 3-4-63)
29 . EXCEPTION DELETED
30 . EXCEPTION DELETED
31. EXCEPTION DELETED
32 . EXCEPTION DELETED
i 11111! II1111lN IIIIIlII Illll 1111 111111 !N 111111 Ill 1111
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18 of 38 R 191.00 D 325,00 Steve Moreno Clerk& Recorder
EXCEPTIONS
33 . Right of way, whether in fee or easement only, for a public
highway, as granted to Weld County, Colorado by Tom Beach,
recorded April 9 , 1927 in Book 814 at Page 491, affecting the
following described property:
As more particularly described in said instrument .
(Affects Sections 10 and 3 , in T4N-R63W)
34 . Right of way, whether in fee or easement only, for pipe line
purposes, granted to Continental Oil Company in the following
instruments of record, in which the specific location of the
easement is not defined.
Date of Record: September 3, 1931 in Book 919 at Page 144
Grantor: Bernal B . and Anna Madison
Property Affected: NE1/4, SEl/4NW1/4, N1/2SW1/4 20-5-62
Date of Record: September 28 , 1931 in Book 920 at Page 580
Grantor: The Crebbin Investment Co.
Property Affected: NW1/4 3-4-63
Date of Record: September 28 , 1931 in Book 920 at Page 582
Grantor: The Crebbin Investment Co.
Property Affected: Part of E1/2SW1/4 34-5-63
Date of Record: September 28, 1931 in Book 920 at Page 598
Grantor: Harvester Investment Company, et al
Property Affected: W1/2NE1/4 , NW1/4, NW1/4SW1/4 Section 15;
N1/2NW1/4 Section 21 ; E1/2SE1/4 , SW1/4SE1/4
SE1/4SW1/4 Section 19-T5N-R62W NE1/4 ,
NW1/4SE1/4, SW1/4 Section 25 ; NW1/4NE1/4 ,
NWl/4 Section 35; SE1/4NE1/4 , N1/2SE1/4
Section 34 ; T5N-R63W
NOTE : Right of Way in Book 920 at Page 598 further described
as 30 feet wide, entering at a point 240 feet South of
the Northeast corner of Section 15-5-62 and leaving at a
point 600 feet South of the Northwest corner of the
SE1/4 of Section 34-5-63 .
Date of Record: October 8, 1931 in Book 921 at Page 320
Grantor: Pueblo and Title and Trust Company
Property Affected: Block "D" , Town of Hardin
35 . EXCEPTION DELETED
36 . EXCEPTION DELETED
T� �rr��i rr�tr i�r�riiri�ri ri�ra r�u iriru 'ia rr��ir r�i�rri
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of 38 R 191.00 0 325.00 Steve Moreno Cleric& Recorder
EXCEPTIONS
37 . All rights to any and all minerals, ore and metals of any kind and
character, and all coal , asphaltum, oil, gas and other like
substances in or under said land, the rights of ingress and egress
for the purpose of mining, together with enough of the surface of
the same as may be necessary for the proper and convenient working
of such minerals and substances, as reserved in Patent from the
State of Colorado, recorded March 8, 1935 in Book 974 at Page 421 .
(Affects NW1/4 of 20-5-63)
38 . One-half of all oil in and to the W1/2 of Section 20, Township 5
North, Range 62 West of the 6th P.M. , as reserved by B. B. Madison
in Deed recorded October 4, 1937 in Book 1016 at Page 311, and any
interests therein or rights thereunder.
39 . Right of way, whether in fee or easement only, for electric
transmission line purposes, as granted to the United States of
America by Mathilde Saenger, recorded November 22 , 1939 in Book
1053 at Page 111, affecting the following described property:
As more particularly described in said instrument .
(Affects Sections 10-T4N-R63W)
40 . EXCEPTION DELETED
41 . Right of way, whether in fee or easement only, for electric
transmission line purposes, as granted to The Northern Colorado
Water Conservancy District by Jacob Croissant, Pete J. Croissant,
R. C. Croissant , R. J. Croissant, and Harold Croissant, recorded
June 12 , 1942 in Book 1095 as Page 270, affecting the following
described property:
As more particularly described in said instrument .
(Affects Section 10-4-63)
42 . An undivided one-fourth interest in and to all of the oil, gas and
other minerals, as conveyed to Karl F. Crass in Deed recorded
October 23 , 1943 in Book 1119 at Page 304, describing lands as
follows:
The N1/2NW1/4 , the SE1/4 of the NW1/4 of Section 10; also, all
that part of the SW1/4 of Section 1 lying West and South of the
West and South bank of the South Platte River; all in Township 4
North, Range 63 West ; and any interests therein or rights
thereunder.
AEI Hill Mt 111111 NI 1111111111111
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EXCEPTIONS
43 . All oil, gas and other minerals in and under the Nl/2NE1/4,
SW1/4NE1/4 and NE1/4NW1/4 of Section 34, Township 5 North, Range
63 West of the 6th P.M. , as reserved by Weld County in Deed
recorded October 23, 1943 in Book 1119 at Page 292, and any
interests therein or rights thereunder.
44 . EXCEPTION DELETED
45. A full undivided three-fourths interest in and to all of the oil,
gas and other similar or dissimilar minerals whatsoever which were
not excepted or reserved in patents or conveyances or other
instruments of record, as reserved by Mathilde Saenger in recorded
February 19, 1944 in Book 1127 at Page 453, describing lands as
follows:
All that part of the SW1/4 of Section 1, Township 4 North, Range
63 West of the 6th P.M. , lying West and South of the West and
South bank of the South Platte River as the same traverses said
quarter section of land, and is more fully described in that
certain Warranty Deed recorded in Book 251 at Page 82 ;
Also the N1/2NW1/4 , the SEl/4NW1/4, and the NE1/4SW1/4 of Section
10, all in Township 4 North, Range 63 West of the 6th P.M. ;
and any interests therein or rights thereunder.
46 . An undivided 8/25ths interest in and to all of the oil, gas and
other similar or dissimilar minerals whatsoever, as conveyed to
Hazel C. Manning in Deed recorded March 20, 1944 in Book 1129 at
Page 337, described as follows :
Township 5 North, Range 63 West of the 6th P .M.
Sec. 13 : All
Sec. 22 : All
Sec. 24 : All
Sec. 25 : All
Sec. 27 : All
Sec. 34 : SE1/4, SE1/4NE1/4, N1/2NE1/4, SW1/4NE1/4 , NE1/4NW1/4
Sec. 35 : All
Sec. 36 : SW1/4SW1/4
Township 4 North, Range 63 West of the 6th P.M.
Sec. 1 : All, EXCEPT that part of the SW1/4 of said Section 1
lying South and West of West and South bank of the South
Platte River, consisting of approximately 34 .47 acres of
land, being 1, 820 feet on the South side and 1 , 650 feet
on the West side;
Sec. 14 : N1/2
111111111111111111111111111111111 Hint Eli
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EXCEPTIONS
Township 5 North, Range 62 West of the 6th P.M.
Sec. 3 : W1/2E1/2
Sec. 15 : W1/2, W1/2E1/2
Sec . 17 : All
Sec . 18 : All
SeC . 19 : All
Sec. 20 : All
Sec. 21 : All
Sec . 29 : All
Sec . 31 : All
Sec . 33 : N1/2
Township 4 North, Range 62 West of the 6th P.M.
Sec . 3 : NW1/4
Sec . 5 : All
Sec . 7 : All
and any interests therein or rights thereunder.
47 . EXCEPTION DELETED
48 . EXCEPTION DELETED
49 . Right of way, whether in fee or easement only, for:
(a) The construction, maintenance, repair, renewal and
reconstruction of the earth dikes, as located North of the
Union Pacific Railroad in Sections 1 and 12, Township 4
North, Range 63 West of the 6th P.M. , in Weld County,
Colorado;
(b) The construction, maintenance, repair, renewal and
reconstruction of a culvert with control gate which is
located in the dike, crossing the seep ditch in the SE1/4 of
the SE1/4 of said Section 1;
(c) The construction, maintenance, repair, renewal and
reconstruction of an earth dike across the East channel of
the South Platte River, upon and along a strip of land of
sufficient width to accommodate said dike upon the lands
situate in the SE1/4 of the SW1/4 of said Section 1 and in
the NE1/4 of the NW1/4 of said Section 12 , said dike to
extend in a generally Easterly and Westerly direction across
said East channel at, or near, the section line common to
said Sections 1 and 12; and
(d) The construction, maintenance, repair, renewal and
reconstruction of jetties and/or other structures or devices
deemed necessary for the protection of banks of said South
11111 1111 1111111El IIIII 1111111111 III 1111111111111
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EXCEPTIONS
Platte River from erosion, upon the lands of the party of the
first part abutting and adjacent to said river in said
Section 1 and in said N1/2 and NE1/4 of SE1/4 of said Section
12 ; and the right to maintain main or West channels of the
South Platte River in said Section 1 and in the E1/2 of the
NW1/4 of said Section 12, as granted to Union Pacific
Railroad Company by E. E. Brown in Deed recorded June 22 ,
1946 in Book 1181 at Page 540 .
50 . An undivided one-half of all oil , gas, carbo-hydrates, minerals
and valuable deposits of every kind, nature or description, as
reserved by Douglas A. Carruthers as the Conservator of the Estate
of Georgia L. Carruthers in Conservator' s Deed recorded July 14 ,
1948 in Book 1230 at Page 538, describing lands as follows :
S1/2NW1/4, NE1/4SW1/4, NW1/4SE1/4, Sl/2SE1/4 Section 2 ;
That part of the W1/2NW1/4 lying North of the Union Pacific
Railroad right-of-way and the W1/2 of the NW1/4 of the SW1/4 and
the W1/2 of the SE1/4 of Section 12 , EXCEPT 13 acres lying South
and East of the Empire Canal; and
the N1/2 of Section 3;
All in Township 4 North, Range 63 West of the 6th P.M. , and all
that part of the SW1/4 of Section 34, Township 5 North, Range 63
West of the 6th P.M. ;
Beginning at a point in the North line of said SW1/4 1675 feet
East of the Northwest corner of said SW1/4 ; running thence South
parallel with the East line of said SW1/4 to a point in the North
line of the right-of-way of the Union Pacific Railroad;
thence Southeasterly along said North line of right-of-way to the
East line of said SW1/4;
thence North on said East line to the Northeast corner of said
SW1/4 ; thence West on the North line of said SW1/4 to the Point of
Beginning; and any interests therein or rights thereunder.
51 . All oil, gas and mineral rights whatsoever not theretofore
reserved or conveyed by previous instruments of record as reserved
by Jacob Croissant in Deed recorded May 12 , 1950 in Book 1270 at
Page 319, describing lands as follows:
TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.
Section 10 : W1/2
and any interests therein or rights thereunder.
52 . All oil, gas and other minerals underlying the SE1/4 of the NW1/4
of Section 34, Township 5 North, Range 63 West of the 6th P.M. , as
reserved by Frank N. Mondt and Helen E. Mondt in Deed recorded May
23, 1951 in Book 1303 at Page 496, and any interests therein or
rights thereunder.
111111 11111 II1111111111111111111111111 III 1111111 II 1111
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EXCEPTIONS
53 . An undivided 7/llths interest in and to all oil, gas and other
minerals and all mineral rights, as conveyed to Christ Croissant,
Florence Reck, Peter Croissant, Henry Croissant, Linda Glenn,
Elsie Hooge and Elmer Croissant in Deed recorded January 10 , 1967
in Book 577 as Reception No. 1498906, describing lands as follows :
Adopting the dividing line between Sections 2 and 3, Township 4
North, Range 63 West of the 6th P .M. , as being the center of the
established county road running North and South near or between
the said Sections :
All that part of the SE1/4 of Section 3 , Township 4 North, Range
63 West of the 6th P.M. , lying North and East of the Empire Inlet
Ditch;
The W1/2 of the SW1/4 ; the SE1/4 of the SW1/4 ; and that part of
the S1/2 of the NW1/4 , the NE1/4 of the SW1/4 , and the S1/2 of the
SE1/4, lying South of the right of way of the Union Pacific
Railroad Company, all in Section 2, Township 4 North, Range 63
West of the 6th P.M. ;
That part of the N1/2 lying North of The Empire Inlet Ditch and
South of the right of way of The Union Pacific Railroad Company,
all in Section 3, Township 4 North, Range 63 West of the 6th P.M. ;
That part of the W1/2 of the SE1/4 lying South of the right of way
of The Union Pacific Railroad Company, excepting 13 acres lying
South and East of The Empire Canal, Section 12 , Township 4 North,
Range 63 West of the 6th P.M. ;
- All that part of the SWl/4 of Section 34 , Township 5 North, Range
63 West of the 6th P.M. , described as follows :
Beginning at a point on the North line of said SW1/4, 1675 feet
East of the Northwest corner;
thence running Southeasterly, parallel with the East line of said
SW1/4, to a point on the North line of the right of way of The
Union Pacific Railroad Company;
thence Southeasterly, along said North line of said right of way
to the East line of said SW1/4;
thence North on said East line to the Northeast corner of said
SW1/4;
thence West on the North line of said SW1/4 to the Point of
Beginning.
All of Blocks 4 , 5, C and D, all in the Town of Hardin, according
to the recorded Map or Plat thereof.
and any interests therein or rights thereunder.
54 . EXCEPTION DELETED
111111111111 IIII 1111111111111 IIII IIIIN III 1111111 II 1111
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EXCEPTIONS
55 . Right of way, whether in fee or easement only, for a pipe line or
pipelines and appurtenances, as granted to Phillips Petroleum
Company by Vera Peterson, recorded May 11, 1971 in Book 646 as
Reception No. 1567546, affecting the following described property:
As more particularly described in said instrument .
(Affects Sections 9, 17 and 20 , in T5N-R63W)
56 . EXCEPTION DELETED
57 . EXCEPTION DELETED
58 . Right of way, whether in fee or easement only, for electric
transmission or distribution line or system, granted to Poudre
Valley Rural Electric Association in the following instruments of
record, in which the specific location of the easement is not
defined.
Date of Record: March 21, 1973 in Book 688 as Reception No .
1609519
Grantor: Allard Cattle Co.
Property Affected: Section 34-5-63
Date of Record: April 14, A978 in Book 828 as Reception No .
1750421
Grantor: H. Gordon Johnson
Property Affected: NE1/4 Section 3-4-63
Date of Record: January 3, 1989 in Book 1220 as Reception No.
2166750
Grantor: National Farms
Property Affected: Sections 26, 27, 35; in T5N-R63W
59 . An undivided one-half of all oil, gas and other minerals not
theretofore conveyed or reserved, as reserved by Albert Croisant
in Deed recorded February 4, 1974 in Book 708 as Reception No.
1629646, describing lands as follows :
Adopting the dividing line between Sections 2 and 3 , and 10 and
11, all in Township 4 North, Range 63 West of the 6th P.M. , as
being the center of the established county road running North and
South near or between the said Sections :
That part of the SW1/4 of Section 1, Township 4 North, Range 63
West of the 6th P.M. , lying West and South of the West and South
Bank of the South Platte River as the same traverses said quarter
section;
That part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, the
1111111111111111111111111111111111111111111111111111111
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EXCEPTIONS
Wl/2 of the SE1/4, and the SE1/4 of the SE1/4, all in Section 2,
Township 4 North, Range 63 West of the 6th P.M. , which lies North
of the right of way of The Union Pacific Railroad Company;
The SW1/4 of Section 3 , and that part of the SE1/4 of Section 3
lying South and West of the Empire Canal, also known as the Empire
Inlet Ditch, also known as the Empire Outlet Canal, said parcel
also being described as that part of the 81/2 of Section 3 lying
South of the Empire Inlet Ditch, also known as the Empire Outlet
Canal, also known as the Empire Canal, and that part of the NW1/4
and the SW1/4 of the NE1/4 lying South of The Empire Inlet Ditch,
also that part of the NE1/4 lying North of the right of way of The
Union Pacific Railroad Company, all in Section 3 , Township 4
North, Range 63 West of the 6th P.M.
The NE1/4 of Section 10 , Township 4 North, Range 63 West of the
6th P.M. ;
That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of
Section 12, Township 4 North, Range 63 West of the 6th P.M. , lying
North of The Union Pacific Railroad Company right of way, and any
interests therein or rights thereunder.
60 . EXCEPTION DELETED
61 . EXCEPTION DELETED
62 . EXCEPTION DELETED -
63 . An undivided 50% of 30% of all oil, gas, hydrocarbons and other
minerals owned by grantors, as reserved by George L. Allard and
Roxana E. Allard in Deeds recorded May 2, 1979 in Book 867 as
Reception Nos . 1789168 and 1789169, describing the following
lands :
TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD,
STATE OF COLORADO:
Section 3 : NW1/4
Section 5 : All
Section 7 : All
TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD,
STATE OF COLORADO:
Section 1 : E1/2; NW1/4 ; SW1/4 EXCEPT that part thereof,
containing 34 .47 acres more or less lying South and
West of the South Platte River:
TOWNSHIP S NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD,
STATE OF COLORADO:
11111111111111111(11111111111IIil VIII III 1111111111111
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EXCEPTIONS
Section 3 : The W1/2 of the E1/2
Section 15 : The W1/2 of the E1/2 and the W1/2
Section 17 : All
Section 18 : All
Section 19 : All
Section 20 : All
Section 21 : All
Section 29 : All
Section 31 : All
Section 33 : All
TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD,
STATE OF COLORADO:
Section 13 : All
Section 22 : All
Section 23 : All
Section 24 : All
Section 25 : All
Section 27 : All, EXCEPT the SW1/4 of the SWl/4
Section 34 : The E1/2 and the E1/2 of the NWl/4
Section 35 : All
Section 36: The SW1/4 of the SW1/4 , EXCEPT 5 8/10 acres
thereof .
Adopting the dividing line between Sections 2 and 3 , and 10 and
11, all in Township 4 North, Range 63 West of the 6th P.M. , County
of Weld, State of Colorado, as being the center of the established
county road running North and South near or between the said
Sections :
That part of the SW1/4 of Section 1, Township 4 North, Range 63
West of the 6th P.M. , County of Weld, State of Colorado, lying
West and South of the West and South Bank of the South Platte
River as the same traverses said quarter section;
That part of the S1/2 of the NW1/4 , the NE1/4 of the SW1/4, the
W1/2 of the SE1/4, and the SE1/4 of the SE1/4, all in Section 2 ,
Township 4 North, Range 63 West of the 6th P.M. , County of Weld,
State of Colorado, which lies North of the right of way of The
Union Pacific Railroad Company;
The SW1/4 of Section 3, and that part of the ss1/4 of Section 3
lying South and West of the Empire Canal, also known as The Empire
Inlet Ditch, also known as The Empire Outlet Canal , said parcel
also being described as that part of the S1/2 of Section 3 lying
South of The Empire Inlet Ditch, also known as The Empire Outlet
Canal , also known as The Empire Canal, and that part of the NW1/4
and the sm ./4 of the NE1/4 lying South of The Empire Inlet Ditch;
Also that part of the NE1/4 lying North of the right of way of The
Union Pacific Railroad Company; all in Section 3, Township 4
Mal Ili! 11111111 IIIII 1141111111 III 1111111 II 1111
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EXCEPTIONS
North, Range 63 West of the 6th P.M. , County of Weld, State of
Colorado;
The NE1/4 of Section 10, Township 4 North, Range 63 West of the
6th P.M. , County of Weld, State of Colorado;
That part of the w1/2 of the NW1/4 and the W1/2 of the SE1/4 of
Section 12 , Township 4 North, Range 63 West of the 6th P.M. ,
County of Weld, State of Colorado, lying North of the Union
Pacific Railroad Company right of way, and any interests therein
or rights thereunder.
64 . An undivided 50% of 20% of all oil, gas, hydrocarbons and other
minerals owned by grantors , as reserved by George L. Allard & Co. ,
in Deed recorded May 2 , 1979 in Book 867 as Reception No . 1789170 ,
describing the following lands :
TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P .AM. , COUNTY OF WELD,
STATE OF COLORADO:
Section 3 : NW1/4
Section 5 : All
Section 7 : All
TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD,
STATE OF COLORADO:
Section 1 : E1/2 ; NW1/4 ; SW1/4 EXCEPT that part thereof,
containing 34 .47 acres more or less lying South and
West of the South Platte River:
TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD,
STATE OF COLORADO:
Section 3 : The W1/2 of the E1/2
Section 15 : The W1/2 of the E1/2 and the W1/2
Section 17 : All
Section 18 : All
Section 19 : All
Section 20 : All
Section 21: All
Section 29 : All
Section 31 : All
Section 33 : All
TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD,
STATE OF COLORADO:
Section 13 : All
Section 22 : All
11111 0111 III111111111Enna III 1111111111111
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EXCEPTIONS
Section 23 : All
Section 24 : All
Section 25 : All
Section 27 : All, EXCEPT the SW1/4 of the SW1/4
Section 34 : The E1/2 and the E1/2 of the NW1/4
Section 35 : All
Section 36 : The SW1/4 of the SW1/4, EXCEPT 5 8/10 acres
thereof.
Adopting the dividing line between Sections 2 and 3 , and 10 and
11, all in Township 4 North, Range 63 West of the 6th P.M. , County
of Weld, State of Colorado, as being the center of the established
county road running North and South near or between the said
Sections:
That part of the SW1/4 of Section 1, Township 4 North, Range 63
West of the 6th P .M. , County of Weld, State of Colorado, lying
West and South of the West and South Bank of the South Platte
River as the same traverses said quarter section;
That part of the S1/2 of the NW1/4 , the NEl/4 of the SW1/4 , the
W1/2 of the SE1/4 , and the SE1/4 of the SE1/4, all in Section 2 ,
Township 4 North, Range 63 West of the 6th P.M. , County of Weld,
State of Colorado, which lies North of the right of way of The
Union Pacific Railroad Company;
The SW1/4 of Section 3 , and that part of the SE1/4 of Section 3
lying South and West of the Empire Canal, also known as The Empire
Inlet Ditch, also known as The Empire Outlet Canal, said parcel
also being described as that part of the S1/2 of Section 3 lying
South of The Empire Inlet Ditch, also known as The Empire Outlet
Canal, also known as The Empire Canal, and that part of the NW1/4
and the SW1/4 of the NE1/4 lying South of The Empire Inlet Ditch;
Also that part of the NE1/4 lying North of the right of way of The
Union Pacific Railroad Company; all in Section 3, Township 4
North, Range 63 West of the 6th P.M. , County of Weld, State of
Colorado;
The NE1/4 of Section 10, Township 4 North, Range 63 West of the
6th P.M. , County of Weld, State of Colorado;
That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of
Section 12 , Township 4 North, Range 63 West of the 6th P .M. ,
County of Weld, State of Colorado, lying North of the Union
Pacific Railroad Company right of way, and any interests therein
or rights thereunder.
65 . Terms, agreements, provisions, conditions and obligations as
contained in Open Cut Mining Plan - Farr Pit recorded September 3 ,
1980 in Book 913 as Reception No. 1834837 .
(Affects Section 3 and 10, T4N-R63W)
1 1111 11111 It f i 11111111111111111111111 III 11111111 111111
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EXCEPTIONS
66 . Terms, agreements, provisions, conditions and obligations as
contained in Surface Owner' s Agreement by and between Vera
Peterson, also known as Vera E. Peterson and Champlin Petroleum
Company recorded April 3, 1981 in Book 932 as Reception No.
1854138 .
(Affects 81/2 of Section 17-5-63)
67 . Terms, agreements, provisions, conditions and obligations as
contained in Surface Owner's Agreements by and between W. D. Farr,
a/k/a William D. Farr and Champlin Petroleum Company:
DATE OF RECORD BOOK REC. NO. PROPERTY AFFECTED
4/3/81 . 932 1854139 SW1/4, part of SE1/4,
Section 3, lying South
and West of Empire Canal,
T4N-R63W
7/9/82 972 1896995 W1/2 , SE1/4 Section 27 ,
EXCEPT SWl/4SW1/4, T5N-R63W
8/30/82 976 1902289 W1/2, SE1/4, Section 13 ,
T5N-R63W
9/20/82 978 1904189 W1/2, SE1/4 Section 23 ,
T5N-R63W
66 . EXChrIION DELETED -
I11111111111 111111111111111111111111111 111 1111 IIIII IIII
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EXCEPTIONS
69 . Right of way, whether in fee or easement only, for pipe line
purposes, as granted to Panhandle Eastern Pipe Line Company, in
the instrument recorded , the location of which is shown in the
map attached to said instrument .
DATE OF RECORD: February 10, 1982 in Book 960 as Reception No.
1882628
GRANTOR: Harold 0. Peterson and Vera Peterson
PROPERTY AFFECTED: Sections 9, 17, 20 and 21, T5N-R63W
DATE OF RECORD: July 12, 1982 in Book 972 as Reception No.
1897129
GRANTOR: W. D. Farr
PROPERTY AFFECTED: W1/2 Section 27, TSN-R63W
DATE OF RECORD: July 12, 1982 in Book 972 as Reception No.
1897134
GRANTOR: Vera Peterson
PROPERTY AFFECTED: Sections 17, 20 and 21, T5N-R63W
DATE OF RECORD: June 20, 1983 in Book 999 as Reception No.
1930799
GRANTOR: W. D. Farr
PROPERTY AFFECTED: N1/2, SW1/4 Section 27; SE1/4 Section 22;
SW1/4 Section 23 ; T5N-R63W .
DATE OF RECORD: November 4 , 1963 in Book 1012 as Reception No.
1946069
GRANTOR: W. D. Farr
PROPERTY AFFECTED: SW1/4 Section 3 , T4N-R63W
70 . Oil and gas lease between William D. Farr, also known as W. D.
Farr and Rock Oil Corporation dated August 11, 1982, recorded
October 29, 1982 in Book 980 as Reception No . 1907717 , and any
interests therein or rights thereunder.
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Rock Oil
Corporation, recorded December 28 , 1983 in Book 1016 as
Reception No . 1951274 .
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Rock Oil
Company, recorded October 22, 1985 in Book 1088 as
Reception No. 2029365 .
(Affects W1/2 Section 24-5-63)
�I11111 IIIN 11111111111111111101111111111111!11111111
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EXCEPTIONS
71 . Oil and gas lease between William D. Farr, also known as W.D. Farr
and John Q. Moses dated November 19, 1982, recorded December 27,
1982 in Book 985 as Reception No. 1912357, and any interests
therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by John Q. Moses
and Patricia E . Moses, recorded December 4 , 1984 in Book
1051 as Reception No. 1990725 .
(Affects Sections 18 and 19, T5N, R62W)
72 . Right of way, whether in fee or easement only, for a pipeline or
pipelines, or other appurtenances, as granted to Natural Gas
Associates, Inc . by Vera Peterson, also known as Vera E. Peterson
and United Bank of Greeley, in the instrument recorded June 30,
1986 in Book 1118 as Reception No. 2058990, the location of which
is shown in the map attached to said instrument .
(Affects Section 20-5-63)
73 . All mineral interests, including all oil, gas and other minerals,
as conveyed to Vera E. Peterson by Deed recorded July 8, 1987 in
Book 1162 as Reception No. 2106340 , and any interests therein or
rights thereunder.
(Affects 51/2 of Section 20-5-63)
74 . Any and all mineral rights and interests of the grantor, as
reserved by The Travelers Insurance Company in Deed, recorded June
17, 1988 in Book 1199 as Reception No . 2145164 , and any interests
therein or rights thereunder.
NOTE: Deed, from Travelers Insurance Company recorded June 17,
1988 in Book 1199 as Reception No. 2145185 .
(Affects properties described therein)
1111111 11111 IIII 1111111111111 IIII 111111 III 111111111 IIE
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32 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder
EXCEPTIONS
75 . Any question, dispute or adverse claims as to any loss or gain of
land as a result of any change in the river bed location by other
than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, bank, channel or flow of
waters in the South Platte River lying within subject Land; and
any question as to the location of such center thread, bed, bank
or channel as a legal description monument or marker for purposes
of describing or locating subject lands .
NOTE: There are no documents in the land records of the office
of the Clerk and Recorder of County of Weld, accurately
locating past or present location(s) of the center
thread, bank, bed or channel of the above South Platte
River or indicating any alterations of the same as from
time to time may have occurred.
76 . Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, the United States of America, or the
general Public, which exist, have existed, or are claimed to exist
in and over the waters and present and past bed and banks of South
Platte River.
77 . Terms, agreements, provisions, conditions and obligations as
contained in Permit for Plowing Grassland by and between National
Hog Farms, Inc. and Board of County Commissioners of Weld County,
Colorado recorded August 16, 1989 in Book 1241 as Reception No.
2188697.
(Affects Sections 25, 26, 35, 36-5-63 ; 1-4-63 ; 5, 6, 7-4-62; 29,
30 , 31, 32-5-62)
78 . Terms, agreements, provisions, conditions and obligations as
contained in Permit for Plowing Grassland by and between National
Hog Farms, Inc. and Board of County Commissioners of Weld County,
Colorado recorded September 26, 1991 in Book 1312 as Reception No.
2264416 .
(Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63; 6 and 7-4-62 ;
16, 17, 18, 19, 30 and 31-5-62)
79 . Terms, agreements, provisions, conditions and obligations as
contained in Permit for Plowing Grassland by and between National
Hog Farms, Inc . and Board of County Commissioners of Weld County,
Colorado recorded May 22 , 1990 in Book 1264 as Reception No.
2214709 .
(Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63 ; 6 and 7-4-62;
15, 16, 17, 18, 19, 20 , 21, 30 and 31-5-62)
I IIIIII (IIII IIII NIIII!l 13 Ell IN 11 HMI
IIII
3137261 12/19/2003 03:08P Weld Count', CO
33 of 38 R191.00 D 325.00 Steve Moreno Clerk 8 Recorder
EXCEPTIONS
80 . Terms, agreements, provisions, conditions and obligations as
contained in Permit for Plowing Grassland by and between National
Hog Farms, Inc. and Board of County Commissioners of Weld County,
Colorado recorded September 28, 1989 in Book 1245 as Reception No.
2193164 .
(Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63)
81 . Weld County Road 69 as shown on Maps recorded August 15, 1989 in
Book 1241 as Reception No. 2188569, and Reception No. 2195779.
(Affects 3-4-63)
82 . Right of way, whether in fee or easement only, for the right to
construct, operate, maintain and remove such communication and
other facilities and appurtenances, granted to The Mountain States
Telephone and Telegraph Company by National Farms, Inc. by
instrument recorded December 18, 1989 in Book 1251 as Reception
No . 2200420, in which the specific location of the easement is not
defined.
(Affects Section 10-4-63)
83 . Right of way, whether in fee or easement only, for the right to
construct, operate, maintain and remove such communication and
other facilities and appurtenances, granted to The Mountain States
Telephone and Telegraph Company by National Farms, Inc . by
instrument recorded December 18, 1989 in Book- 1251 as Reception
No. 2200421, in which the specific location of the easement is not
defined.
(Affects Section 3-4-63)
84 . EXCEPTION DELETED
85 . Right of way, whether in fee or easement only, for the right to
lay, construct, maintain, inspect, repair, replace, operate, and
remove a pipeline and appurtenances, granted to Pacific Midland
Production Company by National Hog Farms, Inc. by instrument
recorded September 15, 1989 in Book 1244 as Reception No . 2191951,
in which the specific location of the easement is not defined.
(Affects Section 17-5-63)
86 . Right of way, whether in fee or easement only, for constructing,
reconstructing, inspecting, upgrading, increasing voltage or line
capacity, operating, repairing, maintaining and extending from
time to time and overhead and/or underground electric line or
system and appurtenances, granted to Poudre Valley Rural Electric
Association, Inc . by National Hog Farms by instrument recorded
February 26, 1990 in Book 1256 as Reception No. 2206183 , in which
the specific location of the easement is not defined.
(Affects Section 20-5-63)
I Inn 111111111111111111111111111 III IIII 1111
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34 at 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder
EXCEPTIONS
87 . Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Agreement recorded April 28, 1995 in
Book 1489 as Reception No. 2436222 .
(Affects Sections 3 and 5-4-62)
88 . Terms, agreements, provisions, conditions and obligations as
contained in Surface Owner' s Agreement by and between National Hog
Farms, Inc. and Union Pacific Land Resources Corporation recorded
May 26, 1998 as Reception No . 2614999 .
(Affects Section 13-5-63)
89. Terms, agreements, provisions, conditions and obligations as
contained in Agreement by and between National Hog Farms, Inc. and
Riverside Irrigation District recorded December 30 , 1993 in Book
1419 as Reception No. 2366727 .
(Affects Section 20-5-63)
90 . Terms, agreements, provisions, conditions and obligations as
contained in Surface Owner' s Agreement by and between National Hog
Farms, Inc . and Union Pacific Land Resources Corporation recorded
March 8, 2000 as Reception No. 2754394 .
(Affects SW1/4NW1/4 , NW1/4NW1/4 Section 17-5-63)
91 . Terms, agreements, provisions, conditions and obligations as
contained in Surface Owner' s Agreement by and between National Hog
Farms, Inc. and Union Pacific Land Resources Corporation recorded
January 12 , 2000 as Reception No. 2743975 .
(Affects SW1/4SE1/4 Section 21-5-63)
92 . Oil and gas lease between National Hog Farms, Inc . and CFG Energy,
Inc . dated January 25, 2002 , for a primary term of 3 years ,
recorded February 25, 2002 as Reception No. 2927373 , and any
interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by CFG Energy,
Inc. , recorded February 25, 2003 as Reception No .
3035559.
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by CFG Energy,
Inc. , recorded February 27, 2003 as Reception No.
3036365 .
(Affects NW1/4 Section 3-4-63)
111111 IIIII IIII 11111111 IIIII IIII 11111 III IIIII IIII IIII
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35 of 38 R 191.00 D 325.00 Steve Moreno Clerk d Recorder
EXCEPTIONS
93 . Terms, agreements, provisions, conditions and obligations as
contained in Surface Owner' s Agreement by and between National Hog
Farms, Inc. and Union Pacific Land Resources Corporation recorded
November 13 , 2000 as Reception No. 2806458 .
(Affects SW1/4SW1/4 Section 9-5-63)
94 . Right of way, whether in fee or easement only, for purpose from
time to time of constructing, operating, inspecting, maintaining,
protecting, repairing, replacing, changing the size of, and
removing a pipeline or pipelines and appurtenances, as granted to
Duke Energy Field Services, LP by National Hog Farms, Inc. ,
recorded July 26, 2001 as Reception No. 2868822 , affecting the
following described property:
As more particularly described in said instrument.
(Affects SWl/4SW1/4 Section 9-5-63)
95 . Terms, agreements, provisions, conditions and obligations as
contained in Surface Owner' s Agreement by and between National Hog
Farms, Inc . and Union Pacific Land Resources Corporation recorded
September 29, 20O0 as Reception No. 2797095 .
(Affects E1/2NW1/4 Section 17-5-63)
96 . Right of way, whether in fee or easement only, for the purpose
from time to time of constructing, _operating, inspecting,
maintaining, protecting, repairing, changing the size of, and
removing a pipeline or pipelines and appurtenances, granted to
Duke Energy Field Services, LP by National Hog Farm, Inc . by
instrument recorded July 26, 2001 as Reception No. 2868821, in
which the specific location of the easement is not defined.
(Affects N1/2 Section 17-5-63)
97 . Right of way, whether in fee or easement only, for purpose from
time to time of constructing, operating, inspecting, maintaining,
protecting, repairing, replacing, changing the size of, and
removing a pipeline or pipelines and appurtenances, as granted to
Duke Energy Field Services, LP by National Hog Farms, Inc . ,
recorded July 26, 2001 as Reception No. 2868823, affecting the
following described property:
As more particularly described in said instrument .
(Affects E1/2E1/2 Section 17, N1/2 and SE1/4 Section 21-5-63)
111111111111 IIII 11111111 IIIII IIII 111111 III IIIII IIII III!
3137261 12/19/2003 03:08P Weld County, CO
36 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder
EXCEPTIONS
98 . Right of way, whether in fee or easement only, to survey,
construct, maintain, inspect, operate, repair, replace, modify,
change the size of, reconstruct, mark, monitor, abandon or remove,
at Grantee' s election, one pipeline and appurtenances, as granted
to HS Gathering, L.L.C. by National Hog Farms, Inc . , recorded
August 2 , 2001 as Reception No. 2871038, affecting the following
described property:
As more particularly described in said instrument .
(Affects S1/2 and NW1/4 Section 20-5-63)
99 . Right of way, whether in fee or easement only, for the right to
install , maintain, inspect, replace, erect, operate, and remove an
above ground oil and gas related facility and appurtenances,
granted to HS Gathering, L.L.C. by National Hog Farms, Inc. by
instrument recorded August 2, 2001 as Reception No. 2871039, in
which the specific location of the easement is not defined.
(Affects S1/2 and NW1/4 Section 20-5-63)
100 . Right of way, whether in fee or easement only, to survey,
construct, maintain, inspect, operate, repair, replace, modify,
change the size of, reconstruct , mark, monitor, abandon or remove,
at Grantee' s election, one pipeline and appurtenances, as granted
to HS Gathering, L.L.C. by National Hog Farms, Inc . , recorded
February 13 , 2002- as Reception No . 2925227, affecting the
following described property:
As more particularly described in said instrument .
(Affects Sl/2 and NW1/4 Section 20-5-63)
101. Terms, agreements, provisions, conditions and obligations as
contained in Agreement by and between National Hog Farms, Inc . and
Riverside Irrigation District recorded August 28, 2001 as
Reception No. 2878571 .
(Affects Section 20-5-63)
102 . Any question as to the size or location of the subject property,
by reason of the fact that Exhibit B of Agreement recorded
December 30 , 1993 in Book 1419 as Reception No . 2366727, does not
contain a legal description.
(Affects Section 20-5-63)
103 . Terms, agreements, provisions, conditions, obligations and
easements as contained in deed from National Hog Farms, Inc . to P.
David Perkins, recorded September 6, 2002 as Reception No.
2985198 , providing substantially as follows :
111111111111 ���� 1111111111111 Ell 111111111 11111 ID Iiii
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37 of 38 R 191.00 D 325.00 Steve Moreno Clerk & Recorder
EXCEPTIONS
"Grantee acknowledges that (1) the property in question has been
the site of a Housed Commercial Swine Feeding Operation subject to
the provisions of Colorado' s ballot Amendment 14 and regulations
promulgated thereunder, and (ii) Grantor is currently negotiating
a Compliance Order on Consent with the Colorado Department of
Public Health and Environment (CDPHE) to resolve an outstanding
Notice of Violation (NOV) . Grantee agrees that he shall not
interfere, in any manner, with Grantor' s finalization of such
Order and Grantor' s fulfillment of obligations arising either
under such Order or any other final administrative or judicial
determination issued as a consequence of the NOV. Grantee
specifically agrees to provide Grantor and its agents with access
to the property for soils and groundwater testing,
phytoremediation, or the conduct of any other actions as may be
required under such Order or determination. Grantor reserves such
easements and rights of way necessary to comply with the
directives of CDPHE. "
(Affects all of subject property)
104 . Oil and gas lease between P. David Perkins and Rex Monahan dated
December 31, 2002, recorded December 31, 2002 as Reception No.
3019621 , and any interests therein or rights thereunder.
(Affects Sections 3 and 5 in T4N-R62W: Sections 3, 15, 17 , 18, 19,
20 , 21 , 29, 31 and 33 in T5N-R62W; Section 1-T4N-R63W)
105 . Terms , agreements, provisions, conditions, obligations and
easements as contained in General Warranty Deed recorded June 12,
2003 as Reception No. 3072323 .
106 . Terms, agreements, provisions, conditions, obligations and
easements as contained in Special Warranty Deed recorded June 12 ,
2003 as Reception No . 3072324 .
107. Terms, agreements, provisions, conditions, obligations and
easements as contained in Partial Assignment of Rights in
Agreements recorded June 12, 2003 as Reception No. 3072325 .
108 . Terms, agreements, provisions, conditions, obligations and
easements as contained in Pump No. 2 Easement and Joint Operating
Agreement recorded June 12 , 2003 as Reception No. 3072326 .
109 . Right of way, whether in fee or easement only, for road, granted
to The TH Ranch, LLC, a Colorado limited liability company by
Perkins Land & Livestock, LLC and P. David Perkins by instrument
recorded September 12, 2003 as Reception No . 3106201, in which the
specific location of the easement is not defined.
(Affects 5-4-62, 1-4-63, and 35 and 36-5-63)
I111111IIIII ���� 1111111111111 ���� 111111 ��� IIIII1111IIII
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36 0l 38 R 191.00 D325.00 Steve Moreno Clerk& Recorder
EXCEPTIONS
110 . Right of way, whether in fee or easement only, for a pipeline and
appurtenances, granted to Duke Energy Field Services, LP by P.
David Perkins by instrument recorded October 22, 2003 as Reception
No. 3119400, in which the specific location of the easement is not
defined.
(Affects SW1/4 9-5-63)
111 . Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Surface Damage Agreement by and between
Perkins Land and Livestock LLC and EnCana Energy Resources Inc.
recorded September 26, 2003 as Reception No. 3110511 .
(Affects SW1/4NW1/4 20-5-63)
112 . Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Surface Damage Agreement by and between
Perkins Land and Livestock LLC and EnCana Energy Resources Inc .
recorded September 26, 2003 as Reception No. 3110512 .
(Affects NW1/4 20-5-63)
113 . Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Option Agreement recorded June 12, 2003
as Reception No. 3072330 .
114 . Terms, agreements, provisions, conditions, obligations and
easements as contained in instrument recorded June 12 , 2003 as..
Reception No . 3072322 .
115. Grazing Lease dated May 23, 2003 between Mike Cervi and Grantor.
116. Feed Purchase and Pasture Agreement dated October 8 , 2003 between
Grantor and Cervi Cattle Company.
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