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<br />' GENERAL WARRANTY DEED
<br />(Takedown A Property)
<br />' THIS DEED, made this Zi jr day of January, 2003.
<br />Between Brannan Sand and Gravel Company, L.L.C., a Colorado limited liability company (f/k/a
<br />BS &G Acquisition Limited Liability Company, a Colorado limited liability company)
<br />("Grantor"), whose address is 4800 Brighton Boulevard, Denver, Colorado 80216, and Bromley
<br />District Water Providers, L.L.C., a Colorado limited liability company ("Grantee"), whose
<br />address is 9145 East Kenyon Avenue, Suite 100, Denver, Colorado 80237.
<br />WITNESSETH, that Grantor for and in consideration of the sum of Ninety Thousand and no /100
<br />Dollars ($90,000.00), the receipt and sufficiency of which are hereby acknowledged, has granted,
<br />bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and
<br />' confirm, unto Grantee, its successors and assigns forever, all the real property, together with the
<br />non - mineral extraction related appurtenances and improvements, if any, situate, lying and being
<br />in the County of Adams, State of Colorado, more particularly described in-Exhibit A, attached
<br />' hereto and incorporated herein ( "Property ").
<br />' TOGETHER with all and singular the hereditaments and non - mineral extraction related
<br />appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions,
<br />remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest,
<br />claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above
<br />bargained premises, with the hereditaments and non - mineral extraction related appurtenances;
<br />reserving, however, to Grantor:
<br />' 1. all minerals and mineral rights at on, and underlying the Property (including,
<br />without limitation, clay, sand, gravel and other alluvial deposits) located above
<br />' those portions of the bedrock formation which are necessary to serve as the
<br />"floor" of the mining and water storage Cells to be created by Grantee's
<br />construction of slurry walls on the Property in accordance with the specifications
<br />' set out in Exhibit B attached hereto and incorporated herein, said floor to be
<br />located at the approximate depths as set forth in Exhibit C attached hereto (but
<br />expressly excluding coal, oil, gas, or other hydrocarbons except to the extent that
<br />the same may be incidentally within the alluvial deposits reserved herein), and the
<br />right to extract said minerals in accordance with the terms and conditions set out
<br />in Exhibit D attached hereto and made a part hereof;
<br />' 2. all non - tributary and not non - tributary ground water rights underlying the Property
<br />and the right to extract said water from any location other than the Property, with
<br />the right to freely assign or convey such rights so long as such
<br />assignment/conveyance does not include the right to locate any structures or
<br />facilities on the Property;
<br />s4iiniftwo Mdaed( aIril -W)
<br />IVA
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