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~ • Y • • <br />1 <br />IXHIBIT D <br />SPECL4L WARRANTY DEED <br />THIS DEED, made this day of December, 2000, between AGGREGATE INDUSTRIES -WEST <br />CENTRAL REGION, INC., an Indiana Corporation, whose address is 3605 South Teller Street, Lakewood, CO <br />80235, formerly known as CAMAS, Inc., grantor and the CITY OF THORNTON, a Colorado municipal <br />corporation, of the County of Adams, State of Colorado whose address is 9500 Civic Center Drive, Thornton, <br />CO 80229, grantee: <br />WITNESSEfFI, That the g2ntor, for and in consideration of the sum of Six Million <br />Two Hundred Forty-0neThousand Five Hundred Dollars ($6,241,500.00), the receiptand sufficiencyofwhich <br />is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents, does grant, <br />bargain, sell, convey and confirm, unto the grantee, and its successors and assigns, forever, all the real <br />property, together with improvements, if any, situate, lying and being in the County of Adams, State of <br />Colorado, described as follows: <br />The property described on the attached Exhibit A. <br />Reserving unto grantor, its successors and assigns: <br />(a) any and all deep bedrock (Senate Bill 5) water rights, and <br />(b) an easement, on, over, and across the property described on the attached Exhibit B, for the <br />purpose of locating any well or wells, to develop the reserved and excepted deep bedrock water rights, and <br />to have access bu the kxation as set forth in Exhibit B for purposes of developing and maintaining said well <br />or wells. <br />This reservation is limited in scope and extent by the following: <br />In the event grantor drills one or more wells to mine the deep bedrock groundwater underlying the <br />property conveyed herein, such well or wells shall be drilled and operated so as not to interfere with <br />the operations of Grantee or the use of the property conveyed herein as a reservoir. <br />Said property rights are being taken subject to the following: <br />1. Easements and right-0f- ways granted to Wyco Pipeline Company, as set forth by instruments <br />recorded June 30,1947 in Book 339 at Page 214 and July 25,1947 in Book 341 at Page 77; and provisions <br />contained in Agreement between Wyco Pipeline Company and Fulton Seepage Ditch Company recorded <br />October 24, 1947 in Book 346 at Page 637. <br />2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in <br />United States patent recorded October 16, 1914 in Book 25 page 427. (Affects the Nl/2 of the SE 1/4 of <br />said Section 19). <br />3. Easement and right of way for the Old Broadwell Ditch, as shown by Map and Statement of A. E. <br />Peterson, recorded September 11, 1950, at File Book 8, Map J.. <br />Page 1 of 3 <br />