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HomeMy WebLinkAbout20130427.tiff3867093 08/20/2012 09:26 AM Total Pages: 2 Rec Fee: $16.00 Doc Fee: $21.00 Steve Moreno - Clerk and Recorder, Weld County, CO Who recorded Reran to: Big Thompson lento= Holdings, !LC 1765 W. Elizabeth St PMB 134 Fan Corm, CO 80521 GENERAL WARRANTY DEED TBWS DEED, made this Jday of August, 2012 between, Coulson Investment Holdings, LW, a Colorado Limited Liability Company, whose legal address is: 1113 Spruce Stoat, Suite 406, Boulder, Colorado 80302, County of Boulder, State of Colorado, the Grantor, and Big Thompson Investment Holdings, LW, a Colorado Limited Liability Company, whose legal address is 1205 W. Elizabeth Street, FMB 134, Fort Conine CO 80521 County of Lerima, State of Colorado, the Grantee: WTTNESSETH, That the Grantor, for and in consideration of the sum of Two Hundred Ten Thousand and no/100's U. S. DOLLARS (U.S. $210,000.00), 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 successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, Stale of Colorado, described as f%Howv Lot B, Recorded Exemption No. 0803-354 RE -4915, recorded September 22, 2009 at Reception No.3650008, being a part of the South One -Half of the Southeast One -Quarter of Section 35, Township 6 North, Range 65 West of the 6' Principal Meridian, County of Weld, State of Colorado. also known by street and rumba as: Vacant Land (collectively the 'Property"). TOGETHER with all and singular the hereditamenis and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of; in and to the Property, with the hereditaments and appurtenances, and any and all rights to sand and gravel. provided however that Grantor excepts and reserves unto Grantor and Creators' suaasars and assigns forever all of acute, .' mineral rights associated with and/or appurtenant to the Property, including, but not limited to, all right, title, interest, claim and demand in and to all oil, gas, natural gas, and hydrocarbons appurtenant to the Property, together with any and all surface use, access easements, and all other rights in connection therewith. TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, gent, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the =sealing and delivery of these presents, the Grantor 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 authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, e adept those specific Exceptions described by reference to recorded documents as reflected In the 'Mk Document, Schedule B Part H, accepted by the Bayer la accordance with section 8.1 °Record Title Matters", of the contract dated July 16, 2012, between the parties. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property and the appurtenances in the quiet and peaceable possession of the Grantee, its successors and assigns, against all end every person or persons lawfully claiming the whole or any part thereof. DI WI'T'NESS WHEREOF, the Grantor has executed this deed to be effective on the date first set forth above. GRANTOR: Coulson Investment Holdings, LLC, a Colorado Limited Liability Company, By: Coulson I, LLC, a Colorado limited liability company, By: Mark Goldstein, Manager STATE OF COLORADO )s& County of IAetaM/ The foregoing instrunent was acknowledged before me Ibis _day of August, 2012, by Mark Goldstein as Manager for Coulson I, LLC, a Colorado limited liability company the Manager for Coulson Investment Holdings, LLC, a Colorado Limited Liability Company. Witess my band and official seal. My commission expires: l• c•cet3 Notary Public — Signature 'w49 -•a mossy -t4 Notary Public — Printed Name diar License Number RESTRICTIONS GOVERNING COULSON INDUSTRIAL PARK WHEREAS the undersigned, Mark S. Goldstein and Jeff Donaldson, as Managers of Big Thompson Investment Holdings, LLC, a Colorado Limited Liability Company whose address is 1205 West Elizabeth Street, PMB 134, Fort Collins, Colorado 80521, are the owners of the , a PUD in Weld County, Colorado; and WHEREAS, the undersigned wish to place certain restrictions upon the lots of said COULSON INDUSTRIAL PARK for the benefit and protection of the undersigned and those persons or other entities purchasing said lots; and WHEREAS, the undersigned, as the governing committee, desire that this instrument shall define the restrictions upon said lots and shall be later incorporated by reference in the deeds to persons or other entities purchasing said lots with said restrictions thereby intended to apply to each lot and to run with the land through subsequent transactions; and WHEREAS, those developing the COULSON INDUSTRIAL PARK endeavor to maintain the western flavor and natural beauty of the surrounding area, while understanding an industrial area will by its very nature appear industrious. Cooperation, courtesy, and concern for the overall appearance of COULSON INDUSTRIAL PARK will ensure community goodwill and enhance property value. These restrictions have been developed to help establish a °spirit" of the COULSON INDUSTRIAL PARK with the intent to encourage an attractive, functional subdivision that enhances the surrounding area rather than detracts from it. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that all lots in the COULSON INDUSTRIAL PARK are subject to the following listed restrictions, to -wit 1. Said lands shall be used for Commercial, Light Industrial, and Heavy Industrial purposes. The definition of, Commercial, Light Industrial and Heavy Industrial is defined by the County of Weld Zoning Regulations under the classifications of C-1, I-1, I-2 and I-3 zoning. 2. The exteriors of all buildings must be completed within twelve months after commencement of construction. An extension may be available upon petition to the governing committee. The exterior of buildings shall be of a non -reflective, uniform color using natural earth -tones. All construction will comply with federal, state and county regulations and requirements including, but not limited to dust mitigation. 3. It shall be the duty of lot owners to keep their buildings maintained and their lots neat and orderly. This includes the lots being kept flee from noxious weeds and from all weeds taller than 8 inches, and keeping lots free from refuse. The governing committee shall have the power to declare a nuisance if lots are not so kept. If the lot owner does not cure such nuisance upon ten (10) days notice, then the governing committee shall have the authority to abate said nuisance at the lot owner's expense. No lot's primary use shall be for the storage of wrecked or incapacitated vehicles or machinery. Areas of lots used for outside storage shall have fencing which includes a visual barrier. Security fencing is expected and fences shall not be constructed of scrap materials. 4. There will be no billboards or signs painted on the side or roof of a building. No signs will be allowed that advertise a business other than those located within the COULSON INDUSTRIAL PARK. All signs must meet county, state and federal regulations. 5. All lot owners will keep the common roadway free from obstructions and shall not park or store any vehicles or items on any common roadway. The owners of lots shall be assessed a proportionate snow removal and mad maintenance fee for keeping the common road maintained and free from snow. 6. All commercial lots must be landscaped in accordance with Weld County regulations. In addition to any Weld County requirements, all undeveloped ground on a lot must be seeded with native, drought tolerant grass, and appropriately maintained and mowed. 7. No sewage disposal system, sanitary system, cesspool, or septic tank will be constructed, altered or allowed to remain or be used in any tract until it has been approved as to design, capacity, location and construction by all public health agencies of the State of Colorado and the County of Weld. Each sewage system is the responsibility of the individual property owner and shall be installed at his expense. 8. If a landowner has a grievance regarding a claimed infraction of these covenants, with another landowner that cannot be reconciled, the landowner may ask the governing committee to mediate the dispute and give an opinion on behalf of the entire subdivision. 9. The covenants and governing committee of COULSON INDUSTRIAL PARK shall be changed, modified, or voided by a two-thirds (2J3) vote by owners of the lots. All zoning and other laws, rules and regulations of any government under whose jurisdiction said land lies are considered to be a part thereof. 10. All requirements of the Weld County Planning, Zoning, Public Works, Public Safety and all other County Regulations are to be complied with. 11. All requirements of the Federal Government and the State of Colorado, including, but not limited to OSHA, EPA, ADA and all other State and Federal Regulations are to be complied with. 12. These restrictions shall be servable and if any be held unenforceable by a Court of Law, it shall not affect the enforcement or validity of the remaining restrictions. WITNESS our hands and seals this day of 2012. Big Thompson Investment Holdings, LLC a Colorado limited Liability Company By: Mark S. Goldstein, as Manager STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me by Mark S. Goldstein, as Manager of Coulson Investment Holdings, LLC This day of , 2012. Witness my hand and official seal. NOTARY PUBLIC My Commission Expires My License Number STATE OF COLORADO ) COUNTY OF WELD ) Big Thompson Investment Holdings, LLC a Colorado Limited Liability Company By: Jeff Donaldson, as Manager The foregoing instrument was acknowledged before me by Jeff Donaldson, as Manager of Big Thompson Investment Holdings, LLC This day of , 2012. Witness my hand and official seal. NOTARY PUBLIC My Commission Expires My License Number Hello