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Home My WebLink About20120647 • SPECIAL WARRANTY DEED THIS DEED,made this /40Y-A— day of December, 2011, between THE LOWER LATHAM RESERVOIR COMPANY,hereinafter referred to as "Grantor," and the PLA 1 lb VALLEY FIRE PROTECTION DISTRICT,a Title 32 special district,whose legal address is PO Box 16,Kersey,CO 8 4,hereinafter referred to as"Grantee." WITNESSETH, that the Grantor, for and in consideration of the sum of THREE HUNDRED NINETY- TWO THOUSAND TWO HUNDRED FORTY US DOLLARS ($392,240) and other good and valuable consideration, 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,the following described property in the County of Weld, State of Colorado,to wit: Lot A, Recorded Exemption No. 0963-16-3 RECXl1-0029, being part of the SW1/4 of SI6,T5N, R64W of the 6th PM, as recorded on December 7,2011, at Reception No.3810503; TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,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 above bargained premises,with the hereditaments and appurtenances; RESERVING to Grantor and Grantor's heirs, personal representatives, successors and assigns, all(1) oil, oil shale, gas, coal and other minerals of every kind upon or underlying the land together with all associated and appurtenant rights, titles and interests, (2) existing irrigation wells and associated water rights, (not including any existing connections or future right to connect to any potable/domestic/commercial water sources), (3) irrigation • dry-up credits or similar rights associated with said premises now or in the future, (4)a twenty(20)foot utility and structure setback easement along the entire southern boundary line of said premises,and(5)that repurchase right as provided in the Addendum to the Counterproposal/Contract whereby Grantor is hereby selling said premises to Grantee,which repurchase right shall terminate and be of no further force or affect upon the substantial completion of construction and occupancy of said premises by Grantee for fire and related emergency services; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever.The Grantor for itself,its heirs and personal representatives or successors, does covenant and agree that it shall WARRANT AND FOREVER DEFEND the above bargained premises in quiet and peaceable possession of Grantee, its heirs,successors and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantor. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. GRANTOR: LOWER Ly(THA,M RESERVOIR COMPANY Land Title • i- ,1C//� GUARANTEE COMP o 6 l o 3 t ? By:Dennis Hoshiko,President STATE OF COLORADO )ss COUNTY OF WELD The foregoing instrument was subscribed and sworn to before me this /6 y'G_day of December,2011 by Dennis Hoshiko as President of The Lower Latham Reservoir Company. • My Commission Expires: 1 a 3_/S CATHY A. GROVE (4( Witness my hand and official seal. t TA An- Ade Valli. Grro Pnirc/,0x.1Sai- ,.o.del( /G Kerse y�, to b'fS1/ STAT SF COLORADO My Commission Expires 07/23/2015 2012-0647 i • EXHIBIT A PROPERTY DESCRIPTION (Purchase Parcel) _ A tract of land located in the Southwest One-Quarter(SW1/4)of Section.Sixteen(16),Township Five North(T.5N.),Range Sixty-four West(R.64W.)of the Sixth Principal Meridian(6th P.M.), County of Weld,State of Colorado and being more particularly described as follows: COMMENCING at the Northwest corner of said SW 1/4 and assuming the West line of said SW1/4 as bearing South 00°53'45"East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2007,a distance of 2640.84 feet with all other bearings contained herein relative thereto; THENCE South 00°53'45"East along said West line a distance of 1622.63 feet to the POINT OF BEGINNING; THENCE North 58°47'00"East a distance of 399.47 feet; THENCE North 89°06'15"East a distance of 90.17 feet; THENCE South 00°53'45"East parallel with said West line a distance of 820.58 feet to the North right-of-way line of State Highway 34; THENCE South 89°12'08"West along said North right-of-way line a distance of 335.00 feet; THENCE North 45°50'49"West continuing along said North right-of-way line a distance of 70.77 feet; THENCE South 89°12'08"West continuing along said North right-of-way line a distance of 50.00 feet to aforesaid West line of the SW1/4; • THENCE North 00°53'45"West along said West line a distance of 568.17 feet to the POINT OF BEGINNING; • Said described parcel of land contains 7.306 Acres,more or less(+),and is subject to any rights-of- way or other easements of record or as now existing on said described parcel of land. SURVEYORS STATEMENT I,Alex Rondall Perkins,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. iSt RE°a E Alex ondall Peet tins-on behalf of King Surt. 's,Inc. Colorado Registered Professional f. " / c 1) Land Land Surveyor#34176 ''it, vita KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 • Y1201118o1DESCRIPTIONSWurchau.doc Page 1 of I • • SOUTHWEST QUARTER a, PURCHASE PARCEL EXHIBIT SECTION 16, T.5N., R.64W. III WEST QUARTER CORNER SECTION 16. T.5N., R.64W. POINT OF COMMENCEMENT • ; I I m a I 4 toI N y n Z ,O SN 4 I N f • W � • to i 200 100 0 200 o 1_ 300'K RIGHT OF WAY r- 4 N BO 283, PAGE 149 ;ri 1"= 200' m • La N89'06'15"E ' `a I 1 p1 90.17' 9'4' o I E . o I $,1 00 POINT OF �5 BEGINNING I 7.306 ACRES Is I o N I to W in a- M N QJ O O O 1l I !n Ill, loco z 1 I S89'12'08"W 50.00' I S89'12'08"W — — — N45'50'49"W 335.00' ' 70.77' NORTH RIGHT OF WAY I UNE OF HIGHWAY 34 • SOUTH QUARTER CORNER_ SECTION 16, T.5N., R.64W. SOUTHWEST CORNER SECTION 15, T.5N., R.64W. • NOTE: This exhibit drawing is not intended to be a - monumented land survey. It's sole purpose is as a _ graphic representation to aid In the visualization of. Alex Randall Pe Wns — On Behalf Of 1i .Surveyors, In• = the written property description which it accompanies. 'Colorado Registered Professional L� • Land Surveyor X34176 may ` — f,� / The written property description supersedes the i,5 �-0.0.k exhibit drawing. 0 �Ar KING SURVEYORS, INC. PROJECT N0:2011180 /ii�' DATE:10/21/2011 �•, A 650 E.Garden Drive Windsor,Colorado 80550 ,+ � CLIENT:PLATTE VALLEY FIRE DISTRICT 'NC • phone:(970)666-5011 I fax:(970)686-5821 DWG:201 118OEXH—purchase • www.kingsurveyors.com DRAWN:CSK CHECKED:ARP • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Lower Latham 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: The South Half of Section 16, Township 5 North, Range 64 West of the 6th P.M., See deed for Complete Legal. CONVEYANCES (if none appear, so state): Ni Reception No. 2266702 , Book 1314 Reception No. 3664950 Reception No. 3664951 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 13th day of September, 2011 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: Berri Allison Title Examiner • • A 1314 REC 02266702 10/21/91 14:58 $5.00 1/001 Ag2265702 P 1497 MARY ANN FEOERSTEIN CLERK 6 RECORDER WELD CO CO "" �AII11�� 6\ f :.` y' u ti :wy;E PATENT NO,___?' _.._._ TO ALL UNTO WHOM THESE PRESENTS SHALL COME: GREETING; pilgrims FREDA F. CLEW .N..... 471.8—W.-19th Street •--Greeley. O5-8 21394 hceinafter referred to as Grantee_,a f the County of Weld .mid State of Colorado,in accordance with the provisions of Ma as of the General A of the Stale 4 Colorado,approved and in forte at the time 4 the purchase 4 the Mal herein designated and de ,and at the time of the anevlion of this conveyance,hm naafi:full payment ere appeaa from the remrda of the State Booed of Land Commissioner'of and for the following described real state,Way and situate in the County of Weld and State of Colorado,touch: 7WNSEIP 5 NORTH — RANGE 64 YEW OF '18E 6TH PRINCIPAL PERIDIAN - WELD COMM Section 16: 51/2, excepting a parcel of land in the Southeast one-quarter (SEC/4) of said section, described as follows: nc Commeing at the West quarter (W1/4) corner of said Sects 16 and considering the west Mae of said section to bear North 0000' 00" East; thence South 89 36' 30" East a.'distance of 2,687 47 feet to the true point of beginning; thence continuing SoOth 89 6 36' 3D" ,P."' East a distance of 1,291.05 feet; thence Sbrnth Or 14' 30" West a „ i distance of 1,254.86 feet; thence North 89 54' 30" West a distance "j jp°imo of 1,279.68 feet; thence North 006 16' 30" West a distance of 1,261.64 feet to the true point of beginning. (Said excepted parcel containing 37.13 acres, more or less.) Containing in all a net area of 282.87 acres, more or leas. According to O.S. Government Survey. RESERVING,however,to the State of Colorado,all rights to any and all minerals,ores and metals 4 any kind and charade,and all coal,asphaltum,oil, gas or other Me substance in or under said land, the right 4 ingress and egress foe the Privet of mining,together with enough of the surface of the same as maybe necessary for the proper and convenient working of such minerals and substances; Subject to any and all easements a rights of way heretofore legally obtained and now in full force atedapitd, if be• ,cote dmatbm!• grad land hers ben, dm mid e7,mdm. or Myron of 17—SEVEN TIEYI...41W FIDE B1 SEVENTI—POUR & 37T a (x127.574.37) NOW KNOW YS,That the State of Colorado in oonaiderdion of the pranfece,and in eoafomnty wit%amAd 4 the General Assembly,in such mss two sold and granted,and by these presents does sell and grant unto the said Granta_.._and to her heirs and assigns,the said grad above dumbed: To Have and to Hold the sane as dux speafed,together watt alt the rights,Frivalega ii munitia and appwkrtmtaa 4 whatsoever fiat=thereunto belonging,unto the said Gragrad•�a,_,,.,and,w,.. .her umra amine fermi• gin geatnntINV A ierref, I Roy Romer Governor of the State of Colorado, have cad dune Ware to be made %:," ne Patent,and the Great Seal of ere Stae of Comado to k her moo attached. — ;t:. ,+ .1. doy of September A.O. 19 91 .. Y(•., iT 4', i. of State of the Sfata of _ Regida State Board'of Land Cmnmiaiouar SKLD LG SKL10422 WE 2266702-1991 . 001 I1111111111111111111111III1111111LiltIII111IllsI111 • 0/ 3664950 ty, CO 1 of 1 R16.00 Z0 0.00 0090?Ste:44Pve MorenoWeldeClun Clerk& Recorder 10 District Court O Denver Probate Court County of Weld,Colorado Court Address: 901 Ninth Ave. li1Lf It t),rnmrn' flid iirl tnu., P.O. BOX 2038 Nin7pr Greeley,Colorado 80032 t )\a rid l nuns DI.n it i t WO r/0III II) IN THE MATTER OF®THE ESTATE OF: uG Dlm-.Jun N NCI t:o-+ t AN1 tiling 111: f.noit i FREDA FELTE KLEIN,A/K/A, FREDA F. KLEIN,A/K/A, FREDA KLEIN, COURT USE ONLY Case Number: 07 PR ❑x Deceased O Protected Person O Minor O Ward Division: I Cnurti i nl: LETTERS (Name)Kathleen L. Berryman was appointed or qualified by this Court or its Registrar on (date)January 8,2007 as: CI Personal Representative.The decedent died on the date ot'iuty 10,2006. ❑ These are Letters of Administration. (The decedent did not(cave a will). © These arc Letters Testamentary.(The decedent left a wilt). ❑ Special Administrator in ❑an informal O a formal proceeding. Thew are Letters of Special Administration ❑ Conservator. These are Letters of Conve/1o/orshtp. O The protected person is n minor whose date of birth is • ❑ Special Conservator, ❑ Guardian.These are Letters of Guardianship tbr: ❑ an incapacitated person. O a minor whose date of birth is ❑ Emergency Guardian(Expires on ,not more than 60 days after appointment,Section 15-14-312,C.R.S.) 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. Date:January 8,2007 �k4c*fEL g uxl�'1 Clerk/Registrar CERTIFICATION ro(! Certification Stamp or Certified to be a true copy of the original in my custody '.1 and to be in full force and effect as of: • ft JAN (j JAN 2 S 2007 - /r 1p -1 k • ke ni • /JJ /) This form conforms in set-Atelier tothe current version of the appnwed form. �R Ate &t cr-t 7}tet_„) No,CPCvp.Rev,t-o3, LETTERS (Page 1 of t) jt /)y/ • SKLD LG SKL10422 WE 3664950-2009 . 001 1111111 IIIII 111111 111111 III 1111111 IIIII III IIIII IIII IIII g.� 3664951 12/14/2009 02:44P Weld County, CO • 1 of 2 R 11.00 D 235.00 Steve Moreno Clerk& Recorder PERSONAL REPRESENTATIVE'S DEED (Sale) r ` 3d �D THIS DEED is dated December14,2009,and is made between Kathleen L. I • Berryman,the"Grantor,"as Personal Representative of the Estate of Freda Felte Klein, A/K/A, Freda F. Klein, A/K/A, Freda Klein, deceased, and The Lower Latham Reservoir Company, a Colorado nonprofit corporation, the "Grantee," whose legal address is 300 East 16'h Street, Suite 309,Greeley,of the County of Weld, State of Colorado. WHEREAS, the decedent died on the date of July 10,2006,and Grantor was duly appointed Personal Representative of said estate by the District Court in and for the County of Weld, State of Colorado, Probate No. 07 PR 2, on the date of January 8, 2007,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 and convey unto Grantee, for and in consideration of TWO MILLION THREE HUNDRED AND FIFTY THOUSAND AND NO/100 DOLLARS,($2,350,000.00),the tbllowing described real property situate in the County of Weld,State of Colorado: SEE EXHIBIT A. also known by street address as: 27128 County Road 53,Kersey,Colorado • and assessor's schedule or parcel number: With all appurtenances. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. eP JOR/i`�, ft 4 \) f at teen L.Berryman,Personal Representative of the Estate Cc of Freda Felte Klein,A/K/A,Freda F. Klein,A/K/A,Freda >> n Pl'1`lt' Klein " T 'COLORADO ) )ss. County of i ) The foregoing instrument was acknowledged before me this /Tiday of December, 2009, by Kathleen L. Berryman, as Personal Representative of the Estate of Freda Felte Klein,A/K/A,Freda F. Klein,A/K/A,Freda Klein,Deceased, Witness my hand and official seal. My commission expires: in. ( (G, c.120I • (; Notary Public I. Name and Address of Person Creating New j Created Legal Descriptio (§38.35-106.5,C.R,S) 67Lr,w.it) 4vct ./Asian, he vo o I•- Co.j k0,eax T k 13-et (jc• 61)0 6 /./ Ufrulied nu CO. 9.zt3C-- SKLD LG SKL10422 WE 3664951-2009 . 001 Mill 11111111111111111III1111111 IBM Milli ill! 3664951 12/14/2009 02:44P Weld County, CO 2 of 2 R 11.00 D 235.00 Sleve Moreno Clerk B Recorder • EXHIBIT PARCEL A:THE SOUTH ONE-HALF or SECTION 16,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M.,LYING NORTH OF COLORADO STATE HIGHWAY 34, EXCEPT THE KERSEY WASTE WATER PLANT,AS DESCRIBED IN WARRANTY DEED RECORDED DECEMBER 30,2004 AT RECEPTION NO.3248383, AND EXCEPT FOR THE PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 16,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M.,AND CONSIDERING THE WEST LINE OF SAID SECTION 16 TO BEAR NORTH 00°00'00"EAST;(BEARING USED IS TO MATCH ORIGINAL DESCRIPTION) THENCE SOUTH 89°36'30"EAST,2687.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°36'30"EAST A DISTANCE OF 1291.05 FEET; THENCE SOUTH 00°14'30"WEST A DISTANCE OF 1254.86 FEET; THENCE NORTH 89°54'30"WEST A DISTANCE OF 1279.68 FEET; THENCE NORTH 00°16'30"WEST A DISTANCE OF 1261.94 FEET TO THE TRUE POINT OF BEGINNING. ALONG WITH PARCEL B IN THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 16,TOWNSHIP 5 NORTH,RANGE 64 WEST,OF THE 6TH.P.M.,COUNTY OF WELD,STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF SOUTHEAST PARCEL: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 16,TOWNSHIP 5 NORTH,RANGE 64 WEST OF THE 6TH P.M.TO BEAR NORTH 89°40'20" EAST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 16,TOWNSHIPS NORTH,RANGE 64 WEST OF THE 6TH P.M.; • THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION N 89°40'20"E FOR A DISTANCE OF 12.17 FEET; 16, THENCE DEPARTING SAID SOUTH LINE N 00°19'23"W FOR A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF TRACT 3 OF BOOK 1373,RECEPTION NO.02324944 OF WELD COUNTY RECORDS; THENCE ALONG THE SOUTH LINE OF SAID TRACT 3 N 89°40'20"E FOR A DISTANCE OF 221.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST 1/4, N 89°40'20"E FOR A DISTANCE OF 592.54 FEET; THENCE N 77°37'43"E FOR A DISTANCE OF 167.14 FEET TO THE SOUTHWEST CORNER OF TRACT 4 OF SAID BOOK 1373,RECEPTION NO.02324944; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 4 N 13°58'32"E FOR A DISTANCE OF 81.16 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 34; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES AND DISTANCES; 1.ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2789.85 FEET,A CENTRAL ANGLE OF 14°18'10" FOR A DISTANCE OF 696.43 FEET,THE CHORD OF WHICH BEARS N 83°10'34"W A DISTANCE OF 694.63 FEET; 2.S 89°40'20"W FOR A DISTANCE OF 86.83 FEET TO THE NORTHEAST CORNER OF SAID TRACT 3; THENCE ALONG THE EASTERLY LINE OF SAID TRACT 3 S00°19'45"E FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5,C.R.S.); Gary K. Hammer,PLS 24307 Hammer Land Surveying 4350 Hwy 66 Longmont,CO 80504 • SKLD LG SKL10422 WE 3664951-2009. 002 Hello