HomeMy WebLinkAbout20131666.tiffPURCHASE AGREEMENT
This AGREEMENT, made this 4dh day of December 2012, by and between Nelson
Ranches, Inc., whose address is 58900 Weld County Road 382, Grover, CO 80729, hereinafter
"Seller", and Whiting Oil and Gas Corporation, whose address is 1700 Broadway, Ste. 2300, Denver,
CO 80290-2300, hereinafter "Buyer", concerning the following described real estate situated in
the County of Weld, State of Colorado, to -wit:
Township 10 North Range 58 West. 6th P.M.
Section 21: S2NENE, N2S ENE
Containing 40.00 acres, more or less
All oil and gas minerals will be reserved, Coal, gravel, sand and other surface
minerals shall be conveyed as a part of the surface estate.
Buyer agrees to buy from Seller, and Seller agree to sell to Buyer, the above -described
real estate, for the purchase price of $2,000.00 (Two Thousand Dollars and no Cents) per acre.
Buyer and Sellers further agree as to the following items:
EARNEST
MONEY:
TITLE:
As consideration for the execution of this agreement, Buyer has delivered
to Seller a cheek in the amount of 8,000 (1Q as earnest money. At closing,
S __..
the earnest money shall be applied to the purchase price. In the event that
Buyer does not purchase the property, subject to the cundili)us set forth
below, the earnest money shall be retained by Seller and applied toward
Seller's damages, if any, caused by Buyer's default.
Title shall be good and merchantable and in the name of Seller, free and
clear of liens and encumbrances.
TAXES: faxes for all tax years prior to closing shall be paid by Seller. Taxes for
2012 shall be prorated to the date of closing. Taxes for all succeeding
years shall be paid by Buyer.
CONTINGENCY: This purchase is contingent upon obtaining county zoning approval to re-
zone the above described real estate as Industrial to accommodate a gas
plant that is proposed to he Inn It
POSSESSION:
GRAZING
RIGHTS:
CLOSING DATE:
PURCHASE PRICE:
PROPERTY
CONVEYED BY:
OTHER:
Buyer shall have possession upon the closing of the sale of said property.
At Seller's sole risk, liability and expense Seller
continue to graze livestock on any un-fenced
described above.
The Closing shall take place on or before March 1,
as the parties may mutually agree to in writing.
$2,000.00 per acre, for a total purchase price
Thousand Dollars and no Cents), due at closing.
shall retain the right to
portion of the lands
2013 or such other date
of $80,000.00 (Eighty
Warranty Deed to Buyer at time of closing.
Buyer will pay for the preparation of the Title Opinion, Deed acoouhmn i
and preparation of the Purchase Agreement and Warranty Deed. If title to
the premises is not marketable, Buyer shall notify Seller of such defect':, in
writing at the above -described address, within ten (10) days alter
completion of the title cxammation. If title is not marketable aril cannot he
made marketable by Seller prior to the closing date, this agreement shall
he void and the earnest money returned to Buyer m full Failure of Seller
to cure the title shall release Buyer front its obligation to purchase the
properly and entitle it to the return of the eamest money. As stated above,
this agreement is contingent upon zoning approval.
This Agreement shall be binding upon the heirs, executors, administrators, and assigns of
all parties. This Agreement may be executed in counterparts and if so executed, all counterparts
when taken together shall constitute the original.
This Agreement shall be construed according to the laws of the State of North Dakota.
Dated this tday of December, 2012.
SELLER:
NELSON RANCHES, INC.
Eugene elson, President
ACKNOWLEDGMENT
STATE OF: COLORADO
COUNTY OF: WELD
)ss
On this 24.4 day of2
before me, a Notary Public,
personally appeared Etryepe Nel, as Pr t of Nelson Ranches, Inc., on behalf of the
corporation
WITNESS my hand and seal this the day and year first above written.
(SEAL)
BUYER:
Whiting Oitpn46a 0Coloration
David M. Seely, Vice President -Land
STATE OF COLORADO
COUNTY OF DENVER
Notary Pin is
My Commission Expires: Appitle
ACKNOWLEDGMENT
)ss.
On this day of ,0LG&'j:/2 , 2012, before me, a Notary Public,
personally appeared David M. Seery a duly Authorized Agent of Whiting Oil and Gas
Corporation, on behalf of the corporation.
WITNESS my hand and seal this the day and year firsLi ove written.
(SEAL)
FRANK J. OtSLY Ill
Nolery Public
Slete of Colorado
2
l
44-1
Notary/I tylic
My Commission Expires: _ 8 -3I: null Y
Aim
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company, Inc. 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
The East ''/x of Section 21, Township 10 North, Range 58 West of the 6'" P.M., County of Weld,
State of Colorado
CONVEYANCES (If none appear, so state):
Reception No. 1535109 Book 613
Reception No. 2062072
Reception No. 2088520
Reception No. 2139496
Book 1121
Book 1146
Book 1194
Reception No. 2378127 , Book 1431
Reception No, 3671081 Book
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, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited
to the fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be
signed by its proper officer this 6th day of March, 2013, at 7:00 am.
Order No. H0361673
By:
Heritage Title
Authorized Signatory
pany, Inc.
t✓�
''3cer 913
Alai, Y79te. • •1 Pa
a_s. Pa _. Dgab l
ee • July
`mot
Pada, tad eslltat .SuSSW ad sixty -ales taaan
HIGH PLAINS 6NAIIN6 ASSOCIATION, a Colorado Corgerattoa on
ease rareaata for profit °tb"'
tween.ae HALTER A. YOHNOL@ND end MERYL O. YOONOLUND
s0, aaterst VELD
teen onto
ttnigal. 7ba 00 add party �C.s tvtows.S o baotlesta• rrtaal'
Other valuable consideration end Ten and no/100 LY"'u<x'
le Ors an P•x. y ate tea nrl fa but rah•bp as Wt pinta a al G, aural ez% i,. actin tsleoa70
rsrte a• niil mt c+fane:a* to x ctrart itstcbw4 add ad .0 qa4 Ye Ir nett matt Oat
ERA brier, tR, can W cxSa amt ea axe psda act La rant rat s 6ato at b tcau.p a Maus
td la Ma torn tl,. se rho, d n7.•t at aorta and 0s t3t nt tangs, of nun coats, (an, t9 do Sb
kngdata! ear drama l+a`. dial. tbros; RD art eAta e�Rs tad Pact re Wow%web
W !mr • Mar, al At
East one-half of Section 21, T 10 N,
R 58 U of the 6th P.M., together with
any and all teeter rights. and together
with any preference rights in Pawnee
Cooperative Grazing Aesoclation.
I
4GC4i CL9 vas pD and w.xdr7 C. haaSasaab tut cacnzxres Oars t ne , a b i was
tjabtafdtt. WC ea cnorin ,i4 rcacaira rwab.a dad tatmtstrt� m e. Vsta Rol yida
rA iaa man. cf.:. _tit aril, era ct. Grist %Pttere. , S >H sAl pct y a! he nix ow:. [aa h
ha a rat% 4 to cal wen cM.. Lntskt.'d arca& fue Pnefl roe, mt cw ttX %t
& UAt= £i& TO :Jli Ca a t ra.ha ot'.a t vi l cot Orxf"i t. c:S t;C";•:,1a• a v.:•, G'
Loa cat, a tic exd pare. Ca Laird. of Crat. Pr_L sd-a„ to tat hit x,:l t.tn. a c�,::.S c.t:rr Lav-
o;<. $ & t_•, rL nen y .J Cm trl ;Meer --a5 Man..••rsrntnrrlr7.0tr. '4ti;.'� Mes
nnl=a, rata. tt[CM tad cat a :DI vi6 C• r14 WI') <i d . ;tail iC4 C-. c^ti:tr ea darn, :a::,
erpc,a,.^, c".. Lunt ens aces G cc0 rt;Jtr, cm a e: es ca c.f. avr :J n' c::s:;..'.•1C C.•a ra.Ltd
It 13 wLl ea:WOW W pawl'-: t abcco a: _ t. 0 ad gal ea, r='M_ e7t_`L rt c te.A'9:L't a-1:At
W AtL:A.::n ,, Ga, is ho (Lath. c*. to 5 _cwd rI$. fen r1>`cr rnl lr.C9 o^..::C:.' ab Lan,. 'S. • al Mtn: C.0 Ma, Es Lira at Loa n te130 (It aNan c t vna3at. tim to'. was r�t•'.�ts cG t -..-..boom of u �) rrrr <1.7.1r1f r. Ira1
except such of the following matters shown by lnstru-eat recorded in
Wald County: resarvotion;., rue.trictlnne. covenants, conditions,
rights -of -troy', end easements; end except the lion of the 1969 taxes
which grantees will pay.
MS at eon Seri e. p.vrt. In en a+'4 art rc c..L'. p;ru-to ,t to r.AI pM[o ad Ca mud p . r'
warm at ran mat Next d V.a Lan rag tarn. d Loa rrdnw, cr_tet r9 exd a:R pan wr pz'�
intr.; efal_stp w to cloha rant tint. or cif tt.'t t',rp1 ra r -f [t_t y el tau Itra p••'1 c 9 tea nil
GAat.Aa . AND COnvvt At4't D.
Tw tirltl213 Pie ZOV, W'. aid pay 0 r1. ail awt ta; Kara . 1 CS tad rrf
tV tb1 t7 ra lar fat Mar Laps.
f16t 8aa.4 ad DtLhwri 1, tb aaaod. N Hfahi PLAINS CfA7THry ACSnr1ATTfl*z BJ
"�. R, n V1C0-President ,,
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"lay< t..taC.f•els:siaal..,v�:c.:<c'tra tarp r,.
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Ncpr,r.:IacR7 a�• deb ,f1A.nt ets� iss-__DiZz!_.., bcegirC..ria_
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1121 REC 02362072 07/24/06 10:06 $6.00 1/002
F -.333 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
PUBLIC TRUSTEE'S DEED
4C e )/-y.
a 1121 REC 02062072 07/24/86 10:06 $6.00 2/002
F 0334 NARY ANN FEUERSTEZN CLERK 6 RECORDER WELD CO, CO
EXHIBIT "A"
Township 11 North, Range 57 West of the 6th P.M.
Section 30; Southwest Quarter of the Southwest Quarter (SW SW.);
Section 31: North Half (Nt) and the Northwest Quarter of the
Southwest Quarter (t&Wk SW:);
Section 32: Southwest Quarter of the Northwest rter (SlA NIA)
lying West of the County Road;
Township 8 North, Range 58 West of the 6th F.M.
Section 28: South Half (St) and Northwest Quarter (Na$) and
Southwest Quarter of the Northeast Quarter (SW, NEk);
Section 29: North Half (Nt) and Southwest Quarter (S)k) and North
Half of the Southeast Quarter (t7s, SEt) and Southeast Quarter of the
Southeast Quarter (Set Set):
Section 32: Northeast Quarter of the Northeast Quarter (NEk Na);
Section 33: North Half of the Northwest Quarter (Nt NWk);
Township 9 North, Range 58 West of the 6th P.M.
Section 20: East Half (Et);
Township 10
Section 4-
Section 21:
Township 11
Section 25:
Section 26:
Half of the
Section 27:
Section 34:
Section 35:
Section 19:
f:'
North, Range 58 West of the 6th P.M.
North Half of the Southeast Quarter (Nk SE%):
East Half (Et);
North, Ras ge 58 West of the 6th P.M.
East Half of the Southeast Quarter (Et SEk);
South Half (S4) and Northwest quarter (N)4_) and 1 -lest
Northeast Quarter n'Th5 .,'E,);
South Half (S});
411;
North Ralf (tt);
All.
AR2086520
56.00 1/002
02/13/81 15:35
B 1146 REC 02088520
X971 CRY Ate FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
SHERIFF'S DEED UNDER FORECLOSURE DECREE
r c THE FEDERAL. LAND DANK OF WICHITA, did in the
WT.rin and County. Colorado. recover a judgment against
District Court U far Weld
WALTER A. YOUNGLUND and M.'•R5'L C. YOUNGLIIND, a/k/a MF.RYL F. YOUNGLUtJU, for
asa. ire Decree Hudated March 1e, 19Ro•
the sum of Two Hundred Sixty One Thousand, Seven Hundred Thirty Nine
dollars and 86 center (5261.739.86): 12d the
the Conic ordered that 1 ,ell the property hereinattcr described;
same was sold to THE FEDERAL LAND 1ANr OF WICHITA.
(2) I signed and acknowledged in duplicate a Certificate of
Purchase and oe to
the
purchase, Coloradorded the other in the
ClerkandRecrder'sofficeofWeldCounty
(3) The Certificate of Purchase has not been assigned.
NOW THEREFORE. I the Sheriff of said Weld County, Colorado, in
have granted and sold, and do hereby convey
whose address is 245 North Waco. P.O.
consideration of the premises, n the following real
Co THE FEDERAL,ic, BANK tkOF County. Kansas 67201-2.40, Box 2940, Wichita, Sed 5z+'-ck County,
property:
TOWNSHIP 11 NORTH, RANGE 57 WEST of the 6TH F.H.
SECTION 30: Swl SW(
SECTION 31: Ni and NV1 SWOP county road
SECTION 32: SW} NW} West
TOWNSHIP 11 NORTH, RANGE 58 WEST of the 6TH P.M.
SECTION 25: F+. SKI and Wi
SECTION 26: W � NEt and SE;
SECTION 27: Si
SECTION 34: All
SECTION 35: Ni
TOWNSHIP 10 NORTE, RANGE 56 WEST of the brb P.N..
SECTION N SEI
SECTION 21: Ei
thereof:
Colorado Public Land Mortgage Rider attached and made a party 3.
t
State Grazing Lease
No. S337i3, later renewed under No.
to have and to hold the same with all appurtenances thereunto belonging,
forever.
WITNESS my hand this
f ki': t.Gli
SHERIFF OF WELD COUNTY, COLORADO
B : rV Rc1F MART INbE
Deputy Sheriff
(ACKNOWLEDGMENT FOLLOWS ON PAGE TWO)
B 1146 REC 02088520 02/13/87 15:35 $6.00 2/002
F 0972 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO
STATE OF COLORADO
COUNTY OF (J i (71
) 98.:
The foregoing instrument was acknowledged before me this /a
day of ,/)i /,Y,LO IN_L/ , 19 87 . by MARGIE MARTINEZ
as Deputy Sheriff t of Weld County, Colorado.
Witness my hand and official seal.
My Commission Expires:
(SEAL)
!'f "/ y!, / / f '/g/ /15 i'
Nofayyy ublic
l
Address
My Carnn 'on E:pircs 10-5-;99Q
9;5 S:: "et
bc►3 C'role„ 6B
S
:t
t
AR2139496
DF
B 1194 REC 02139496 04/29/88 11:57 $6.00 1/002
F 0777 MARY ANN FEUERSTEIN CLERK E RECORDER WELD CO, CO
CORPORATION SPECIAL WARRANTY DEED
The Federal Land Bank of Wichita
1 Seam Dmarmi y Fee
Doti ?9 Mme,
$ ,3.20
THIS INDENTURE, Made this 28th day of April, 1998, between
THE FEDERAL LAND BANK OF WICHITA, Wichita, Kansas, a corporation, party of
the first part, and
ROBERT E. TEMMER and LAVENIA TEMMER, as Joint Tenants
whose address is 2430 So. Krameria St., Denver, CO 80222
parties of the second part.
WITNESSI:TII: that the sun party of the first part, for and in consideration
of the stun of 532,0(111.00 (Thirtytwo Thousand and no/100's)
DOLLARS.
and other valuable consideration to it in hand paid by the said parties of the
second pert, the receipt of which is hereby confessed and acknowledged, has
granted, bargained. sold and conveyed. and by these presents does grant, bargain,
sell and convey unto the said parties of the second part, their heirs, successors and
assigns, forever, its title to and interest in the following described real estate
situated in the County of Weld and State of Colorado, to -wit:
The East 1/2 of Section 21, Township 10 North, Range 58 West of the 6th P.M.
Together with a domestic well..
$3.20
SUI3.IEC'r TO: i.asernents, rights cf ways, restrictions, reservations, mineral
interests or mineral leases, and any building or zoning restrictions or regulations,
and nuv discrepancies an accurate survey would reveal. Also subject to a lease to
Si'ANI.FT hl IN ,1NSAiITH.
'I't) IIA\i. AN lr IIC',:.I; thr Same. together with all and singular the title and
interest or w•. nasty of ;hr (ust part in ant to the tenements. hercditaments and
appurtenr.n cc:. It, reunite belonging. ,,r to any wise appertaining, forever. And the
said puny tit to first teat hereby covenants and agrees that at the delivery hereof
it is the Iu •whit civ.ru t et Ile interest hereby conveyed in the above described
prenisei: ..u•' Hilt it will t\'41R4NNT AND DEFEND the satire unto the parties of
the second p/,rt, their he trs. :ucccssor:,, and assigns, and all and every person or
persons wi,owsbev,.: b,v:fully claiming through, by or under it, them or either of
them.
B 1194 REC 02139496 04/29/88 11:57 $6.00 2/002
F 0778 MARY ANN FEDERSTETN CLERK i RECORDER WELD CO, CO
IN WITNESS WHEREOF, The said party of the first part has caused these presents
to be signed by its Vice President, and its corporate seal to be affixed hereto, and
attested by its Secretary, by and with the consent and authority of its Board of
Directors, on the date and year first above written.
ATTEST:
.S pI LAND 0. The Federal Land Bank
Association of The Ninth
a. District, A Corporation, as
k ' Attorney In Fact for The
���L `05 Federal Land Bank of Wichita,
-.3' f2 A Corporation,
:ag
...- moo`~
ix
���-!I%4Nniinty Psi �./C Sit
Assistant Secretary Vice President
STATE OF COLORADO
COUN
TY Y OF WELD
SS.
ACKNOWLEDGEMENT
Before me, the undersigned, a Notary Public in and for said County and State, on
this 28th day of April, 1988, perscnally appeared Kirk Goble
to me personally known and known to me to be the identical person who subscribed
the name of The Federal Land Bank Asociation of The Ninth District, A
Corporation, as Attorney in Fact for The Federal I.a,td Hank of Wichita. A
Corporation, to the foregoing instrument as its Vice President. and he being by me
duly sworn did say that he is such officer and that the seal affixed to sand
instrument is the corporate seal of said corporation anti I hit the stain.• was signed
and sealed in behalf of said corporation by authority of its hoard of directors, and
he acknowledged to me that he executed the saline as his free and voluntary act
and deed, and as the free and voluntary act and deed of such corporation, for the
uses and purposes set forth and specified therein.
Witness my hand and seal the day and year last above written.
Notary Public
My Commission Expires:
Feb. 26, 1991
00''
lee'
56 SD
Ae2.i7d se 7
B 1431 REC 02378127 03/14/94 16:07 45.00
P 1029 MARY ANN PEUERSTEIN CLERK 6 RECORDER WELD
WARRANTY DEED
THIS DEED, Made this 8th day of March, 1994 between
Robert E. Timmer and Levant• Timmer
of the County of Meld end
State of Colorado, grantor, and
Michael M. Armstrong
wheee legal audition la 1a Si
1/001
CO, CD
STATE DOCUMENTARY FEE
Date mss// //9t/
SD
of the county of Meld and state of Colorado, grenteeel
WIlIrefifiCTII, That the grantor for and in ooaslderatlon of the Cum of rim ' fig. TSOufarea AMa 00/100, (SS5,000.00) 0oiisr•, the receipt and sufficiency of which is
hereby eckoorled9ed, bar greeted, bargained, veld and nonveyed, •ed by theme presmte
doe-. grant, r. ] bargain, the l spell, convey and confirm unto the grantee, bit noire mod assigns
seine in Inc County of Weld and tStatear of Colorado. described f ee "follows: t.,lying am
The East 1/2 of Section 21, Township 10 North, kengs 58 West of the 5th P.M., County
of Weld, State of Cnlorado,
also known by street and number as Vacant Land, Weld County, Colorado
tocrreta with all and singular the berediteeaota and appurtenances tboreto
belonging, or in anywise appertaining and the cevera/oe tad reversions, remainder and
remainders, Teats, i ssuea and profits thereof. and all the eeteto, right, title,
interest, claim sad daaed whatsoever of the grantor, either in law or .putty, of is
and to the above bargained prmisec, with the bereditneents and appurtenances.
1C MVt ant, TO BOLD the paid premises above bargained and described, with the
appurtenances, unto the grantee, hit heirs end ems:gee forever. And the grantor, for
br.al f, his heirs sad personal representatives, ones coveoaot, grant, Margate, and
agree to and with the grantee, hie heirs and nitwit, that et the tie. of the
otenallno and delivery of these present., be in well seised of the pr..:ses &boy.
conveyed, bee good, sure, perfect, absolute and indefeasible estate of :.ah.ritance, in
low, in fe simpleand boa good right, full power and lawful authority CO grant,
bargain, eels end convoy the name in winner and tors es aforesaid, and that the sae*
are tree and clear true all former and other greet.. bargain*, sales. Uses, tare.,
sa nte, encumbrances end reetrirtions of whatever kind or nature •never, except
general taxes for 1994 and subsequent years, aaoept easements, restriction•,
oovenaocs, condition•, reservations and rights of way of record, if any,
'ft... .,.enter "hall aid .,111 NAµRAM1 hue •'OYtVER flrrywt the &nova-barge:nod promises
:n ter quint and peaceable peaaasaint nt the grantor., his beirr •salVre, against
ni. pad every person :, ,r parcooc lewf..11y claiming the whole or any part thereof. The
singular- number shell .nc: mane the plural. the plural the sing-ler, and tba use of any
u"iaeder abet: be appcable to all genders,
IN YlTlf:91: wllpu:or the grant:.r h.. era.m.at .meet. .inen "a the dab• se` forth •lore.
STATE OF OOLORAOO
County of Weld
'—iii L`�-Fiet4Lt.J,�L _ —
µntnri Teener
.a/Nall Timmer
.a The foregoing instrument sae acknowledged before me
thin stn day of March, 1994
0y Robert a. TO.,er and Lavenla Timmer
'Fp� .0
No. . 2A%'Rev.
2: KELLV
oo
F DF cm
W.tnmes my nand and official neat.
My commission expires Cull, 10, 1995
NOTARY PUBLIC
1113 vain Avenue
Greeley, Colorado 80631
eReco'ded in Weld County CD Duc I 3671081
5'2JIC Da 44 P Rrv;e:edf 7451023
nage 1 of 7 4'1 2C
Steve Moreno. Ciel < and R ecor:ler
NS ARRAN I Y DEED
1HIvIrE EH. -;a i r. 'd 4r. tl l_1 onvr _,no „roi. mjje1,„,r.
1Ill lurcl N_.&rmstrnnc
<' rcre r ri" _ii m
‘.elsun Itanchcr. In; . a 1 ulur Ju CurporA1imi
[( HnAF-Ava 1.1 HOI. nr,r:
r` Ar „ I11 iU .
Stewart title
.I nc: t: a .I 'd.
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