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4136895 08/26/2015 03:46 PM <br /> Page 21 of 34 <br /> 34. Ordinance No.2013-956 recorded August 1, 2013 at Reception No. 3952538. <br /> 35. Annexation Agreement and Amendment to Existing Annexation Agreement recorded August 1, <br /> 2013 at Reception No. 3952539 and Amendment thereto recorded.April 30,2015 at Reception <br /> No.4103214. <br /> 36. All matters as shown on Everist Annexation No. 1 recorded August 1,2013 at Reception No. <br /> 3952540. <br /> 37. All matters as shown on Fort Lupton Sand and Gravel Special Use Permit#2013-001 recorded <br /> August 21,2013 at Reception No.3958098. <br /> 38. [Intentionally deleted.] <br /> 39. [Intentionally deleted.] <br /> 40. The following matters as shown on the ALTA/ACSM land Title Survey by King Surveyors,Inc. <br /> dated August 25, 2015,Project No.2004082/2012083: <br /> East Lateral Lupton Bottom Ditch <br /> Elwood Ditch <br /> Slurry wall <br /> Oil and gas operations area and production equipment <br /> Dirt and gravel roads. <br /> 41. Ordinance No.2013-964 recorded April 30,2015 at Reception No. 4103213. <br /> 42. Surface Use Agreement recorded July 20,201S at Reception No.4126214. <br /> NOTE:The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have <br /> been filed with the Clerk and Recorder.These statements are general and do not necessarily give <br /> notice of underground facilities within the property. <br /> (a)Mountain Bell Telephone Company,recorded October 1, 1981 at Reception No. 1870705; <br /> (b)western Slope Gas Company, March 9, 1983 at Reception No. 1019757; <br /> (c)Associated Natural Gas Inc., October 1, 1984 at Reception No. 1983584 <br /> (d)Panhandle Eastern Pipellne Company,June 26, 1986 at Reception No.2058722; <br /> (e)Union Rural Electric Association,January 24,1991 at Reception No. 2239296. <br /> NOTE:The following notices have been filed pursuant to CRS 24-65.5-103 and do not create an <br /> interest in the land, but may require notice to the holder of an interest desm-bed by one of the <br /> specific exceptions listed above.(a)April 21, 2006 at Reception No.3381122; <br /> (b)August 6, 2007 at Reception No.349 293 ; <br /> (c)October 15, 2007 at Reception No.3511023 <br /> ; <br /> (d)January 3,2014 at Reception No. 39BZ879. <br /> The following exceptions relate to Swingle N.&S.Pit Parcels(D-4;D-5) <br /> 1. Right of way for county roads 30 feet wide on either side of section and township lines,as <br /> established by the Board of County Commissioners for Weld County, in instrument recorded <br /> October 14, 1889,in Book 86 at Page 273 . <br /> 2. [Intentionally deleted.] <br /> Everist-Aurora—Exhibit 9 <br /> Page 3 of 16 <br />