HomeMy WebLinkAboutECHDA23-004 Exhibit H_permitted exceptionsDocuSign Envelope ID: 95125780-A7E3-40AC-8179-1ACDF800FDE0 EXHIBIT H PERMITTED EXCEPTIONS 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 06, 1990, IN BOOK 523 AT PAGE 986. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 06, 1990, IN BOOK 523 AT PAGE 987. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 15, 1922, IN BOOK 93 AT PAGE 332. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 15, 1922, IN BOOK 93 AT PAGE 332. 12. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 22, 1990, IN BOOK 525 AT PAGE 73. 13. EASEMENT AND RIGHT OF WAY FOR BRUSH CREEK. 14. RIGHT OF WAY FOR COUNTY ROADS LOCATED WITHIN THE DESCRIBED PROPERTY. 15. THE EFFECT OF THE ORDER OF INCLUSION IN THE GREATER EAGLE FIRE PROTECTION DISTRICT RECORDED SEPTEMBER 22, 1989 IN BOOK 513 AT PAGE 920. 16. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC PROJECT ASSOCIATION, INC. IN INSTRUMENT RECORDED JUNE 18, 1980, IN BOOK 304 AT PAGE 201 AND RECORDED JULY 18, 1980 IN BOOK 305 AT PAGE 584. 17. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC PROJECT ASSOCIATION, INC. IN INSTRUMENT RECORDED JUNE 18, 1980 IN BOOK 304 AT PAGE 202. 18. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 02, 1991, IN BOOK 35 AT PAGE 457 AND IN UNITED STATES PATENT RECORDED MAY 25, 1922, IN BOOK 93 AT PAGE 68 AND AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 16, 1923 IN BOOK 48 AT PAGE 384 AND AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 14, 1892 IN BOOK 48 AT PAGE 168. 19. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 25, 1922, IN BOOK 93, AT PAGE 68 AND RECORDED MARCH 16, 1923, IN BOOK 48 AT PAGE 384. 20. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, WHETHER OR NOT SHOWN BY THE PUBLIC RECORD. DocuSign Envelope ID: 95125780-A7E3-40AC-8179-1ACDF800FDE0 21. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS MINING LEASE RECORDED FEBRUARY 13, 1931 IN BOOK 118 AT PAGE 7 AND OIL AND GAS LEASE RECORDED JULY 14, 1947 IN BOOK 134 AT PAGE 215. 22. RESERVATION OF AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SUBJECT PROPERTY AS RESERVED IN DEED RECORDED NOVEMBER 1, 1947 IN BOOK 133 AT PAGE 213. 23. RESERVATION OF AN UNDIVIDED 1/4 INTEREST OF ALL MINERALS AND MINERAL RIGHTS OF WHATSOEVER KIND OR NATURE, INCLUDING BUT WITHOUT LIMITATION ON THE ABOVE, OIL, GAS, CASINGHEAD GAS AND OTHER PETROLIUM PRODUCTS AS RESERVED BY RAY E. CHATFIELD IN DEED RECORDED MARCH 10, 1958 IN BOOK 161 AT PAGE 229. 24. TERMS, CONDITIONS AND PROVISIONS OF COOPERATIVE AGREEMENT FOR PERMANENT DAMAGE PREVENTION FENCING RECORDED NOVEMBER 14, 1988 IN BOOK 495 AT PAGE 149 AND NOVEMBER 14, 1988 IN BOOK 495 AT PAGE 150. 25. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED JANUARY 19, 1977 IN BOOK 251 AT PAGE 808 AND RECORDED JUNE 26, 1978 IN BOOK 271 AT PAGE 438 AND RECORDED APRIL 18, 1980 IN BOOK 301 AT PAGE 829. 26. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO. 787317. 27. TERMS, CONDITIONS AND PROVISIONS OF WARRANTY EASEMENT DEED RECORDED SEPTEMBER 15, 2003 AT RECEPTION NO. 849703. 28. TERMS, CONDITIONS AND PROVISIONS OF WARRANTY EASEMENT DEED RECORDED SEPTEMBER 15, 2003 AT RECEPTION NO. 849704. 29. TERMS, CONDITIONS AND PROVISIONS OF WATER FACILITIES AGREEMENT RECORDED JULY 27, 2005 AT RECEPTION NO. 924072. 30. TERMS, CONDITIONS AND PROVISIONS OF DITCH EASEMENT (LOVE AND WHITE) RECORDED AUGUST 24, 2005 RECEPTION NO. 927206 AND MODIFICATION THERETO RECORDED OCTOBER 4, 2005 RECEPTION NO. 931848. 31. TERMS, CONDITIONS AND PROVISIONS OF DITCH EASEMENT (WILKINSON DITCH) RECORDED AUGUST 24, 2005 RECEPTION NO. 927205 AND MODIFICATION THERETO RECORDED OCTOBER 4, 2005 RECEPTION NO. 931847. 32. TERMS, CONDITIONS AND PROVISIONS OF DITCH EASEMENT (MATHEWS DITCH) RECORDED AUGUST 24, 2005 RECEPTION NO. 927204 AND MODIFICATION RECORDED OCTOBER 4, 2005 RECEPTION NO. 931846. 33. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF SETTLEMENT AGREEMENT RECORDED AUGUST 24, 2005 RECEPTION NO. 927201. 34. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED AUGUST 24, 2005 AT RECEPTION NO. 927202 AND RECORDED OCTOBER 4, 2005 RECEPTION NO. 931845. 35. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BRUSH CREEK MEADOWS FILING 3 RECORDED JUNE O1, 2012 UNDER RECEPTION NO. 201211315. DocuSign Envelope ID: 95125780-A7E3-40AC-8179-1ACDF800FDE0 36. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 1 (SERIES 2012) RECORDED JUNE O1, 2012 AT RECEPTION NO. 201211311. 37. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO.2 (SERIES 2012) RECORDED JUNE O1, 2012 AT RECEPTION NO. 201211309. 38. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 3 (SERIES 2012) RECORDED JUNE 01, 2012 AT RECEPTION NO.201211314. 39. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 10 (SERIES 2012) RECORDED JUNE O1, 2012 AT RECEPTION NO.201211320. 40. TERMS, CONDITIONS AND PROVISIONS OF QUITCLAIM DEED OF WATER RIGHTS RECORDED MAY 07, 2013 AT RECEPTION NO.201309785. 41. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 8, SERIES, 2014 RECORDED APRIL 10, 2014 UNDER RECEPTION NO. 201405689. 42. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 9, SERIES 2014 RECORDED APRIL 10, 2014 UNDER RECEPTION NO. 201405690. 43. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 10, SERIES 2014 RECORDED APRIL 10, 2014 UNDER RECEPTION NO. 201405691. 44. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 11, SERIES 2014 RECORDED APRIL 10, 2014 UNDER RECEPTION NO. 201405692. 45. ANNEXATION PLAT FOR THE HAYMEADOW ADDITION TO THE TOWN OF EAGLE RECORDED APRIL 10, 2014 UNDER RECEPTION NO. 201405693. 46. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 12, SERIES 2014 RECORDED MAY 30, 2014 UNDER RECEPTION NO. 201408816 AND RECORDED JANUARY 19, 2021 UNDER RECEPTION NO. 202101127. 47. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN BICYCLE AND PEDESTRIAN TRAIL EASEMENT AGREEMENT RECORDED MARCH 24, 2015 UNDER RECEPTION NO. 201504931. 48. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN BICYCLE AND PEDESTRIAN TRAIL EXTENSION AGREEMENT RECORDED OCTOBER 21, 2015 UNDER RECEPTION NO. 20150051. 49. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN TEMPORARY CONSTRUCTION EASEMENT DEED RECORDED OCTOBER 30, 2015 UNDER RECEPTION NO. 201520760. 50. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 14 (SERIES OF 2019) RECORDED MAY 24, 2019 UNDER RECEPTION NO. 201907560. 51. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF HAYMEADOW FILING 1 RECORDED MAY 24, 2019 UNDER RECEPTION NO. 201907561 AND FIRST AMENDMENT THERETO RECORDED JULY 7, 2021 UNDER RECEPTION NO. 202115650 AND SECOND AMENDMENT THERETO RECORDED SEPTEMBER 2, 2022 UNDER RECEPTION NO.202214557. DocuSign Envelope ID: 95125780-A7E3-40AC-8179-1ACDF800FDE0 52. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN PROJECT DECLARATION OF REAL ESTATE TRANSFER COVENANT RECORDED MAY 24, 2019 UNDER RECEPTION NO. 201907562. 53. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED JULY 10, 2019 UNDER RECEPTION NO. 201910829. 54. TERMS, CONDITIONS AND PROVISIONS OF TOWN OF EAGLE, COLORADO RESOLUTION NO. 13 RECORDED APRIL 18, 2022 UNDER RECEPTION NO. 202207205. 55. TERMS, CONDITIONS AND PROVISIONS OF TOWN OF EAGLE, COLORADO RESOLUTION NO 43 RECORDED JULY 29, 2022 UNDER RECEPTION NO. 202212780. 56. TERMS, CONDITIONS AND PROVISIONS OF TOWN OF EAGLE, COLORADO RESOLUTION NO. 53 RECORDED JULY 29, 2022 UNDER RECEPTION NO. 202212781. 57. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED NOVEMBER 01, 2022 UNDER RECEPTION NO. 202217201.