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HomeMy WebLinkAbout20131767.tiffCERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: PRADO VIEW The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY 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: Lot B Recorded Exemption No. RE -3724, recorded March 26, 2004at Reception No. 3164980, being a part of the Northwest Quarter of Section 12, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Book 1395 , Page 137 Reception No. 2463411 , Book 1518 Reception No. 2492418 , Book 1548 Reception No. 3164980 Reception No. 3790406 Reception No. 3874315 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, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 7th day of February, 2013 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: Kerri Allison Title Examiner T00'ti56T-S60SBtT 3M LS9Tt'DIS O7 'OUI 'Inya eT1TI AH2V63411 2463411 8-1518 P-452 11/13/95 01:31P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 11.00 iI DISTRICT COURT. COUNTY OF WELD , COLORADO Case No. 95PR Ito , Division I LEITERS ! IN THE MATTER OF LITHE ESTATE OF HUGH EDWARD McCARTHY, AKA HUGH McCARTHY, AKA HUGH E. McCARTHY, ig Deceased D Protected Person ❑ Minor ❑ Incapacitated Person .,,m,) DOvl P Mr .arthy was appointed orqualified by this Court or its Registrar JAN 1 3 ;Ss ' J on ;aw3 as: a Personal Representative. ❑ These arc Letters of Administration. mac decedent did ant leave a wits.) ❑ These are Letters Testamentary. (The decedent loll a wilt) ❑ Special Administrator in ❑ an informal ❑ a formal proceeding. These arc Letters of Special Administration. ❑ Conservator. These are Litters of Conservatorship. ❑ The protected person is a minor whose date of birth is O Guardian. These are Letters of Guardianship for ❑ an incapacitated person. ❑ a minor whose date of birth is Appointment or qualification is by O court order. O will. O written instrument. These Letters evidence full authority, except for the following limitations or restrictions, if any: JAN 1 3 1S95 Date: Lp„J �r �fL. ` `Jolt! �,-„� .L1a.o,.1.. oCya., Na CPCIT. Rea. 13-9I. i -rmas 1(l! 111 I CERTIFICATION or Certified to be a true copy of the original in my custody and to be in full force and effect as of: Nov 131995 &.d(wa ww.m,ay.1 ru Wane 5,.. o..w. Co 30202 — 5303) 292.2sw— 1242 it I Title Data, Inc. LG SKL11622 WE 2463411-1995.001 Record. 246)411 B-1518 P-452 11/13/95 01:31P PG 2 OF 2 Rcccpu. r PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Doyle McCarter as Personal Representative of the Estate of Rugh Edward McCarthy. aka Hugh McCarthy, aka Hugh E. ticcjarthy, , deceased, Grantor, to Doyle McCarthy . Grantee, whose legal address is 23010 Weld County Road 37, LaSalle, CO 80645 of the ',County of Weld _ , State of Colorado WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated M° _27 , 19 93 which Will was duly admitted to (fatting) (informal)•• probate on January 13 , 19 95 , by the District Court in and for the County of /wekd , State of Colorado, Probate No 95PR16 , WHEREAS, Grantor was duly appointed Personal Representative of said Estate on January 13,.._1995-. 19 . and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign. transfer and set over unto said Grantee (igt nett911Xg.y3 s' (tax atrdclttraOtandlrrttcaaxtt Saatlaxcre (As the person entitled to distribution of the property in the above captioned Will)** the following described real property situate in the County of Weld , State of Colorado: Northwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of Section 12, Township 4 North, Range 66 West of the 6th P.M., and the South Half of the Southwest Quarter of Section 6, Township 4 North, Range 65 West of the 6th P.M., all in Weld County, Colorado, together with 15 1/2 shares of Farmers Independent Ditch and S shares of the Western Mutual Ditch. aldtRhtiKetl e'ltikr-B+k)''4r t x With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 19 95 and subject to rights of way of record. As used herein, the singular includes the plural and the plural the singular. Executed f� lets. r/t"..% .19 /) Doy e tCarthy Personal Representative attic Estat at E ��C>,Ll►ty.. ek�liugh w. MrCnrrhy STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me this I C'' day of D(.1Cax h < r 19 95 by Doyle -McCarthy as PeisonahiRspresentativeoftltetistateof ltngh P.dwardMrc,rrhy, nkx R„gh McCarthy- ac• Hugh" -' 1'feCarrhy , Deceased. -Wit and and official seal. My ' l p 1 n expires: _911 9L Deceased •ifirs m y}„a.aert"Cayanf'. rid C.rCr6.Rev. 11-87. reasomALatrar_ActrrtmrsDUO fr ut.r Bradford WNiU.iN..143 wane Si. Denier, CO102O2 —003)293.3300 —$.91 Ccmdlhe Nt17 Title Data, Inc. I.G 51¢,11622 WE 2463411-1995.002 lteeurder" PERSONAL REPRESENTATIVE'S DEED m to I (Testate Estate) 1,-.. ‘ID Q, 1IiISDL Lis made by Do; Le McCarthy 4 CO I J as Personal Representative of the Estate of c Hugh Edward McCarthy. aka Hugh McCarthy. g c~pi aka Hugh E. HcC tt lye __ , deceased, Grantor, N M 9 Boyle McCarthy on whose legal address is -23010 Weld County Road 37, —'Grantee, O LaSalle, CO 80645 to ll x't`n of the •County of Weld State of Colorado a. to . WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated Nay 27 , 19 93 , which Will was duly admitted to f c, probate on January 13 95 ( tIF7FN� (infdroal he .19 ,bythc District Couninandforthe IV County of /wekd , State of Colorado. Probate No. 95PR16 r -t H WHEREAS, Grantor was duly appointed Personal Re;resentative of said Estate on _I t iJ y 13.129.. 'e I :�Y^ , ...,.: is rww yuaticee aria acung in said capacity. 8 i NOW THEREFORE, Minoan' to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey. assign, transfer and set over unto said Grantee (irPirgtttrtblrgtr tiro (taw tsackl toonatebnazdyaaat r (As the person entitled to distribution of the .. Walton" o ii • propert Properly in the above captioned Will) the folbwing described real ysituateintheCounty of Weld ✓ , State of Colorado: Northwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of Section 12, Township 4 North, Range 66 Weat of the 6th P.M., and the South Half of the Southwest Quarter of Section 6, Township 4 North, Range 65 Weal of the 6th P.M., all in Weld County, Colorado, together with 15 1/2 shares ni of Farmers Independent Ditch and 8 shares of the Western Mutual Ditch. aldfi Uwtl@1)tattrde;WidcedkSlbtk+ctSx With all appurtenances, subject to covenants, casements and restrictions of record, and subject to ;er:eaal p ,r�rty taxes for the year 19 95 , and subject to rights of way of record. As used herein the singular includes the plural and the plural the singular. Executed L(fi r,.l r'(" , 19 ( Doyle cCarthy Personal Representative of th Esut of 1hIYh Fdvard _McC: r y, ekes Hugh" — 1IC Lth.y _EkA Httgh E. Mr(arrh y , Deceased STATE OF COLORADO . . Cnl INTY f1F , WELD _ JUL The foregoing instrument was acknowledged before me this I O4+` day of by��trle McCar111y as Personal Representative of.the Estate of__Hugh Edward lirCerrhy ale Hugh M'Carr liuY11��McCarthy u8 , Deceased. Witness my hand and official seal. My commission expires: ___,T1.1,2_91,_ !1IOf1L7tb<C 19 9s 'Iris Denver, insert "City and". •'Strike u regwreJ CPCra. Re,, ti-ai. Musa" t.MerYvSlrrTATl1'..JIH:lplpy�,t andtwd P„aIw„ry 1741 wusc JI.. Omer, cv 10702 - t 102) 292.2,00-1.92 aa-r- -r - Tit10 Data, Inc. 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Frtr ;�r,+tt II'll ; !# ,i ! ;t I! i� i! ! ,1 #l1 t ;7y t3 f { ! i, f 3 E! i' tiif,IEo t, 'Iii #I j brl Pl{{i(` ' S:ro illiIli 1! Ili , li! ft iS #! j' 1f.I f ! I{ I •,l• r.#, s ti; !Fri dI-. IS{ ri i si i! ill ail.l `t} { ! 1` ktt ! t(• _{'. •lli(, ID r #iEE s 111 lei' lit E `l =} I o its u i I I! Cif ii !11 $i'11 I' !hi it #! l+,ii!j lil�s 1 -I of hill! ill ri1 s • \ g N —' I eg i, : iw � ae. 1 F'17! A*u,i a..Smap. 11 .-'- fi /,tr -gih3 et u» .0 • a.w 11 / 3I . '. - - - -- -- - -- I-_ IOac, Lfi0:i0a r / ' 1 I i „r, 1 ,$, ,/ os 0 ^ .4 . moor K M. Y • Pg aa: IV: owl ti 10,0-AIL'111371'0,7Olnr 10x0-AW6•301N TII 60r . 1O. 111111111111111111EMI HIM 111111111111111 IIII 1111 3790406 09/06/2011 03:58P Weld County, CO 1 of 2 R 16.00 0 0.00 Steve Moreno Clerk & Recorder PERSONAL REPRESENTATIVE'S DEED TESTATE ESTATE THIS DEED is made by Doyle McCarthy, as Personal Representative of the Estate of Betty Jean McCarthy, aka Betty J. McCarthy, aka Betty McCarthy, Deceased, Grantor, to Doyle McCarthy, Grantee, whose address is 229 East Union Avenue, LaSalle, of the County of Weld, State of Colorado. WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated June 11, 1993, which Will was duly admitted to probate on August 19, 2011 by the District Court in and for the County of Weld and State of Colorado, Probate No. 11PR410. WHEREAS, Grantor was duly appointed Personal Representative of said Estate on August 19, 2011 and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee the following described real property situate in the County of Weld, State of Colorado: a. Tract B of the McCarthy Minor Subdivision, Town of LaSalle, County of Weld, State of Colorado b. Lot A of Subdivision Exception SE -961, being part of the S 1/2S W 1 /4 of Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado c. Lot B of Recorded Exemption No. RE -3724, being part of the NW 1/4 of Section 12, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado d. Lot B of Recorded Exemption No. RE -3488, being part of the S 1 /2S W 1 /4 of Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado e. Lot A of Recorded Exemption No. RE -3488, being part of the S 1 /2S W 1 / 4 of Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado f. All oil, gas and minerals which may be in, upon, or under all of Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 2011. As used herein, the singular includes the plural and the plural the singular. Page 1 of 2 Title Data, Inc. LG SKL11622 NE 3790406-2011.001 1111111111!111111EMI Ell IIII 11111111111111!1111Ili) 3790406 09/06/2011 03:68P Weld County, CO 2 of 2 R 16.00 0 0,00 Steve Moreno Clerk & Recorder Executed 4,,r4.4 3O , 2011. STATE OF COLORADO )ss. COUNTY OF cCarihy, as Personal Rep sentative of the state city Jean McCarthy, aka tty J. McCarthy, aka Betty McCarthy, Deceased The foregoing instrument was acknowledged before me this 3061- day of A -ca 2011 by Doyle McCarthy, as Personal Representative of the Estate of Betty Jean Mccarthy, aka Betty J. McCarthy, aka Betty McCarthy, Deceased. WITNESS my hand and official seal. Title Data, Inc. LG SKL11622 WE 3790406-2011.002 Notary Public Page 2 of 2 ( RECORDING REQUESTED BY: First American Title Insurance Company MAIL TAX STATEMENTS TO AND WHEN RECORDED MAIL TO: Prado View Investments Company, L.P. 14058 S. Euclid Avenue Chino, CA 91710 N.C. ≤ — 5-40co cd-4 3)W 3874315 09/19/2012 11:28 AM Total Pages: 6 Rec Fee: $36.00 Doc Fee: $45.00 Steve Moreno - Clerk and Recorder, Weld County, CO (space above this line for recording data) Warranty Deed Title of Document Mail tax statements to: SAME AS ABOVE Title Data, Inc. LG SKL11622 WE 3874315-2012.001 3874315 09/19/2012 11:28 AM Page 2 of 6 WHEN RECORDED RETURN TO: Prado View Investments Company, L.P. 14058 S. Euclid Avenue Chino, CA 91710 File Number: NCS-540664-ONT1 First American l WARRANTY DEED ! THIS DEED, Made this q day of September, 2012, between Doyle McCarthy an Individual , grantor, and Prado View Investments Company, L.P., a California limited partnership whose legal address is 14058 S. Euclid Avenue, Chino, CA 91710 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of FOUR HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($450,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, If any, situate, lying and being in the County of Weld, State of Colorado, described as follows: Lot B of Recorded Exemption No. RE -3724, recorded March 26, 2004 at Reception No. 3154980, being a part of the NW1/4 of Section 12, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, reserving unto the Grantor, however all of the oil, gas and minerals which be in, under or upon the said property. also known by street and number as: APN 105712200087, Vacant Land, Unincorporated Area, CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premise's, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, In fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. Subject to those matters set forth on Exhibit B, attached hereto The grantor shall and will WARRANT -AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Title Data, Inc. LG SKI,11622 WE 3874315-2012.002 Doc Fee: $ Page 1 of 3 3874315 09/19/2012 11:28 AM Page 3 of 6 IN WITNESS WHEREOF, The grantor has caused his name to be hereunto subscribed by himself , __and attested by himseef , the day and yearlirstaboye written._ _ _. _ ... State of Colorado County of )ss } The foregoing instrument was acknowledged to before me this Doyle McCarthy . Witness my hand and official seal. My commission expires: MICHELLE M. VEGTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924011560 MY COMNI$SION EXPIRES SEPTEMBER 16, 2016 Title Data, Inc. LG SKL11622 WE 3874315-2012.003 day of Prk c,4J�_____, 2012 by Notary Public Page 2 of 3 3874315 09/19/2012 11:28 AN/1 Page 4 of 6 EXHIBIT B As set forth in the Schedule B attached hereto consisting of 24 numbered items. Title Data, Inc. LG SKL11622 WE 3874315-2012.004 ALTA Commitment (6-17-06) Commitment Page 7 Commitment Number: NCS-540664-ONT1 3874315 09/19/2012 11:28 AM Page 5 of 6 COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE B SECTION TWO EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, Interests or claims which are not shown by the Public Records, but which could be ascertained by an Inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the Issuance thereof. 7. Oil and Gas Lease recorded January 5, 1979 at Reception NO. 1777850. Modification of Oil and Gas Lease recorded December 4, 1979. Affidavit of Extension of Oil and Gas Lease recorded February 4, 1991 at Reception No. 2240351. Amended Affidavit of Extension of Oil and Gas Lease recorded July 9, 1991 at Reception No. 2255700. Affidavit of Extension of Oil and Gas Lease recorded July 29, 1991 at Reception No. 2257708. 8. An easement for maintenance and operation of line for transportation of oil, gas or other substances and incidental purposes granted to Panhandle Eastern Pipe Line Company, as set forth in an instrument recorded December 12, 1979 at Reception No. 1811657. 9. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way recorded January 5, 1988 at Reception No. 2126854. First American Title Insurance Company Title Data, Inc. LG SKL11622 WE 3874315-2012.005 ALTA Commitment (6-17-06) Commitment Page 8 Commitment Number: NCS-540664-ONT1 10. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Right - of -Way Easement to the Mountain States Telephone and Telegraph Company recorded December 6, 1990 at Reception No. 2235180. 11. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way recorded May 20, 1991 at Reception No. 2250524. 12. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way recorded January 3, 1992 at Reception No, 2274057. 13. Terms, conditions, provisions, obligations and agreements as set forth in the Valve Site Contract recorded April 16, 1993 at Reception No. 2329276. 14. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way recorded April 16, 1993 at Reception No. 2329277. 15. Terms, conditions, provisions, obligations and agreements as set forth in the Agreement by and between the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District and Doyle McCarthy recorded January 22, 2002 at Reception No. 2918993. 16. The effect of the Affidavit recorded January 22, 2002 at Reception No. 2918994 17. The effect of the Warranty Deed recorded September 27, 2002 at Reception No. 2991067 18. Easements, notes, covenants, restrictions and/or rights -of -way as shown on the Recorded Exemption No. 1057-12-1 RE -3724, Part S 1/2 NW 1/4 & NW 1/4 NW 1/4 Section 12, T. 4 N., R. 66 W., 6th P.M., Weld County, Colorado recorded March 26, 2004 at Reception No. 3164980. 19. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement Agreement recorded June 1, 2006 at Reception No. 3392830. 20. The effect of the Warranty Deed recorded June 1, 2006 at Reception No. 3392831 21. Terms, conditions, provisions, obligations, easements and agreements as set forth In the Easement, Right -of -Way and Surface Use Agreement recorded October 3, 2006 at Reception No. 3424650. 22. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Augmentation Well Purchase and Easement Agreement recorded January 17, 2007 at Reception No. 3448967. 23. The effect of Findings of Facts, Conclusions of Law and Decree of the Water Court recorded December 16, 2011 at Reception No. 3812710 24. Existing leases and tenancies. 3874315 09/19/2012 11:28 AM Page.6 of 6 First Amei1can Title Insu-ance Company Title Data, Inc. LG SKL1L622 WE 3670315-2012.006 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: PRADO VIEW The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY 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: All that part of the Southwest Quarter and part of the West Half of the Southeast Quarter lying west of the Farmers Independent Ditch Company as now construction in Section 1, Township 4 North, Range 66 West of the 6th P.M., except book 270 at Page 127 also except book 489 Page 510 and Reception No. 1519634. CONVEYANCES (if none appear, so state): Reception No. 1526200 , Book 684 Reception No. 3874322 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, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 7th day of February, 2013 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY B Title Examiner ix _•Y:: � . ._ar 0 i at a 4 'MI '111+1 ae fe 0' Y : 1ti Ya :�,11 .C" r t1 SSW q,Y.i.:11 N 8Y T =SE p3 26 situp4 weta8011-wd It., 3vtssolt of the Caunt$ ! SA Mold. Stasi 11C0Iersisigte:IbIG ;, ooasidermtion of TUN Depmre end a �ralibi*e oonAlidljttgi•• 1 ✓ ' hand paid, hereby sell end oenvey to Ni LLB P161 r'S• •• • .M Colorado Corporation of the, Coglty of,41ela. eA State of 00Sos'sd,V the following real vroperty, -.mate in; the Ceuaty of Weld. an6 (p -'!^-•-(p, State of Colorado, tassel: F FI•I 7 All that pert of the Southwest Quarter (Sd) Sall that pert of the Yost Half of the Southwest Quarter (Wirtiti of Sootion One ll), =ovnshipp sour (4) forth 2a S ' t - six 66) west of the 6th P.M., lying west of the wars�eeo Indep•adent Ditoh Capon), Ditch as now oonetrwotel with the irrigation well ame pid property and 12 ping plant located fie!tiltn athe oapital, safes of thee dFarasre Independent Ditch Companshares y cod together vi all ieprovenente thereon in their present condition, orfll wear exoeptod; reserving. however, unto the Sellers, :1,exir heirs and assign., a right of way 10 feet in width elm* the north side of the Union Ditch beginning at the anent; road on the west aide of the property above described ana ending et the east property line thereof for the pargoaoe of ingress and egress to and from the property noon owned by the Sellers located ee't of the property with all its appurtena�no a, and warranty the titlo to the ease, enbseot to taxes ae.e'seea for the year 1966 and cubosquent thereto. and except r•servetiono, exceptions, oonvenonte, conditions contalnod in instruments of record and r!gf to of way and eaoaeenta conveyed by instruments of record or oats ltshed on the promisee and inclusion within quail -municipal dietriote. Signed and delivered this 31st day of Ray. A. D. 1966 ( SEAL) w (SEAL) I STATS OF COLORADO ) es. 4oymayy of WILD ) 14 f%` ""' a foregoing instrument was acknowledged before me this 31st t15:;i'Yoi9 , 1966, by Sidney A. Sweeten and Stanley S. Smeeon. ...\:11)-1.‘c••• \{hand and official peal. 7,-. ei co%, ooasi.sion expire. J,nunry r 196 • • • ,v • o, a o• • 3874322 09/19/2012 11:37 AM Total Pages: 7 Rec Fee: $41,00 Doc Fee: $100.00 Steve Moreno - Clerk and Recorder, Weld County, CO RECORDING REQUESTED BY First American Title Insurance Company National Commercial Services AND WHEN RECORDED MAIL DOCUMENT TO: Prado View Investments Company L.P. Attn: Mr. Vander Dussen 14058 S. Euclid Ave. Chino, CA 91710 C a2 A.P.N.: R4375386 and 105701000034 Space Above This Line for Recorder's Use Only WARRANTY DEED Document Title File No.: NCS-536023-ONT1 (jd) SKLD LG SKL10422 WE 3874322-2012.001 3874322 09/19/201211:37 AM Page 2 of 7 WARRANTY DEED THIS DEED, made this 11 ih day of September, 2012, between Miller Feed Lots, Inc., a Colorado Corporation, a Corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantor, and Prado View Investments Company, L.P., a California limited partnership, whose legal address is 14058 S. Euclid Avenue, Chino, California 91710, of the County of San Bernardino and State of California, Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm unto the Grantee, its heirs, successor and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: All that part of the Southwest 1/4 and that part of the West 1/2 of the Southeast 1/4 lying West of. the Farmers Independent Ditch Company Ditch as now constructed in Section 1, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado; EXCEPTING THEREFROM a parcel of land conveyed to Union Pacific Railroad Company by deed recorded March 29, 1909, in Book 270, at Page 124, being more particularly described as follows: A strip, piece or parcel of land 150 feet in width, being 75 feet in width on each side of the centerline of the main track of Union Pacific Railroad, (known as the Denver Northern Line, LaSalle Connection) as the same has been surveyed, located and staked out, through, upon, over and across the North 1/2 of the South 1/2 of Section I , Township 4 North, Range 66 West of the 6th P.M.; ALSO EXCEPT THEREFROM a parcel of land conveyed to Mamie A. Martin, by deed recorded February 28, 1918, in Book 489, at Page 510, being more particularly described as follows: A strip of land 200 feet wide on each side of the center line of said Union Pacific Railroad as said railroad is now constructed over and across or adjacent to said land; ALSO EXCEPTING THEREFROM a parcel of land conveyed to James E. Miller and Sandra L. Miller, by deed recorded August 9, 1968, in Book 598, at Reception No. 1519634 being more particularly described as follows: A parcel of land located in the Southwest 1/4, being more particularly described as follows: Commencing at the West quarter corner of said Section 1 and considering the West line of the Southwest 1/4 of said Section 1 to bear South 01 °36'48" East, with all other bearings contained herein relative thereto; Thence South 01°36'48" East, along the West line of the Southwest 1/4 of said Section 1,213.40 feet to the True Point of Beginning; Thence North 68°23'12" East, 244.76 feet; Thence South 01°36'48" East, 496.32 feet to a point on the North right of way line of the Union Pacific Railroad; -1- SKLD LG SKL10422 WE 3874322-2012.002 3874322 09/19/2012 11:37 AM Page 3 of 7 Thence South 85°03'12" West along said North right of way line of the Union Pacific Railroad, 230.39 feet to a point on said West line of the Southwest 1/4 of said Section 1; Thence North 01°36'48" West, along said West line of the Southwest 1/4 of said Section 1, 426.00 feet to the True Point of Beginning, County of Weld, State of Colorado. Also known by street and number as APN: R4375386 and 105701000034, Unincorporated Area, CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature so ever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. Subject to those matters set forth on Exhibit B attached hereto. The Grantor shall and will WARRANTY AND FOREVER DEFEND in the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part hereof The signature number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WEHREOF, the Grantor has caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its President and Secretary, the day and year first above written. MILLER FEED LOTS, INC. A Colorado Corporation By: �`�C���� J��� a s E. Mill r, Presider SKLD LG SKL10422 WE 3874322-2012.003 3874322 09/19/2012 11:37 AM Page 4 of 7 ATTEST: By: Clark Miller, Secretary STATE OF COLORADO ) COUNTY OF WELD ) ss. The foregoing instrument was acknowledged before me this I I th day of September, 2012, by James E. Miller, President, and Clark Miller, Secretary, of Miller Feed Lots, Inc. WITNESS my hand and official seal. My commission expires: June 15, 2015 No •ry Public -3- SKLD LG SKL10422 WE 3874322-2012.004 3874322 09/19/2012 11:37 AM Page 5 of 7 EXHIBIT B AS SET FORTH IN THE SCHEDULE B ATTACHED HERETO CONSISTING OF 27 NUMBERED ITEMS SKLD LG SKL10422 WE 3874322-2012.005 ALTA Commitment (6-17-06) Commitment Page 8 Commitment Number: NCS-536023-ONT1 3874322 09/19/2012 11:37 AM Page 6 0f 7 COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE B SECTION TWO EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making Inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Reservation of Minerals and Rights of Entry and Surface Use as set forth in Warranty Deed recorded February 28, 1918 in Book 489 at Page 510. 8. Reservation of Right of Way as set forth in Warranty Deed recorded January 16, 1969 at Reception No. 1526200. 9. Oil and Gas Lease recorded August 14, 1970 at Reception No. 1553082, and any and all assignments thereto.. 10. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way Grant recorded October 19, 1983 at Reception No. 1943074. 11. Terms, conditions, provisions, obligations and agreements as set forth in the Agreement recorded October 24, 1984 at Reception No. 1986091. 12. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way Grant recorded November 2, 1984 at Reception No. 1987385. First American Title Insurance Company SKLD LG SKL10422 WE 3874322-2012.006 ALTA Commitment (6-17-06) Commitment Page 9 Commitment Number: NCS-536023-ONT1 13. Terms, conditions, provisions, obligations and agreements as set forth in the Valve Site Contract recorded July 8, 1985 at Reception No. 2016012. 14. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way Grant recorded July 8, 1985 at Reception No. 2016015. 15. The effect of Lease recorded February 26, 1987 at Reception No. 02089897. 16. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way Grant recorded January 5, 1988 at Reception No. 02126848. 17. Terms, conditions, provisions, obligations and agreements as set forth in the Surface Owner's Agreement recorded September 16, 1991 at Reception No. 02263184. 18. Terms, conditions, provisions, obligations and agreements as set forth in the Valve Site Contract recorded April 16, 1993 at Reception No. 02329281. 19. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way Grant recorded April 16, 1993 at Reception No, 02329282. 20. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Pipeline Right -of -Way Grant recorded September 16, 1993 at Reception No. 2350614. 21. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement Agreement recorded February 26, 1998 at Reception No. 2596480. 22. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Valve Site Contract recorded July 22, 1998 at Reception No. 2627618. 23. Terms, conditions, provisions, obligations and agreements as set forth in the Agreement by and between Miller Feed Lots, Inc. and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District recorded January 24, 2000 at Reception No. 2745944. 24. Terms, conditions, provisions, obligations and agreements as set forth in the Letter of Understanding Between Miller Feedlots, Inc./Jim Miller and Union Ditch Company and Union Well Augmentation Group, Ltd. recorded February 10, 2010 at Reception No. 3676952. 25. The effect of Subdivision Exemption No. 1149 recorded July 27, 2011 at Reception No. 3782518. 26. The effect of the Oil and Gas Conservation Commission of the State of Colorado Report of Commission recorded February 24, 2012 at Reception No. 3827001 27. Existing leases and tenancies. 3874322 09/19/2012 11:37 AM Page 7 of 7 First American Title Insurance Company KLU iG SKL10422 WE 3874322-2012.007 Hello