HomeMy WebLinkAbout20120311.tiff • EASEMENT DEED AND AGREEMENT
THIS EASEMENT DEED AND AGREEMENT (the "Agreement") is made this 2 n n
day of ok.cr(AN; , 2011, by and between Petrocco Family Limited Partnership, LLLP, a
Colorado limited liability limited partnership, whose principal address is 14110 Brighton Road,
Brighton, Colorado 80601 (the "Grantor") and Big Thompson Investment Holdings, LLC, a
Colorado limited liability company, whose principal mailing address is 1205 West Elizabeth
Street, PMB #134,Fort Collins, Colorado 80521 (the "Grantee").
Grantor is the sole and exclusive legal and record owner of the following legally-
described parcel of land situate, lying, and being in the County of Weld, State of Colorado, to-
wit:
'Lot B of Recorded Exemption No. 1057-23-2 RE 1177 recorded July 18, 1989 in Book 1238
at Reception No. 2185517 being a part of the Northwest Quarter of Section 23, Township 4
North, Range 66 West of the 6' P.M. Weld County, Colorado
(the "Servient Estate").
Grantee is the sole and exclusive legal and record owner of the following legally-
described parcel of land situate, lying, and being in the County of Weld, State of Colorado, to-
wit:
• I Lot A and Lot B of Recorded Exemption No. 1057-23-2 RE-4914, recorded December 28,
2009 as Reception No. 3667225, being a part of Lot B RE-1282 being a part of the West 1/2
of Section 23, Township 4 North, Range 66 West of the 6'h P.M., County of Weld, State of
Colorado
(the "Dominant Estate").
Grantor, for and in consideration of Ten and No/100ths U.S. Dollars (U.S. $10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by Grantor, hereby grants, bargains, sells, and conveys unto Grantee, its
successors and assigns forever, a non-exclusive, perpetual, access and utility easement over and
across the following legally-described portion of the Servient Estate, to wit:
See Exhibit "A" attached hereto and incorporated herein by this reference.
(the "Easement")
The Easement is depicted in Exhibit "B" attached hereto and incorporated herein by this
reference.
1. Benefit. This Agreement shall be for the use and benefit of both Grantor and Grantee,
and their respective successors, assigns, managers, members, partners, employees, agents,
• contractors, invitees, and guests, and their successors' and assigns' respective managers,
2012-0311
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• members, partners, employees, agents, contractors, invitees, and guests; provided however, that
Grantor's and Grantor's successors', assigns', managers', members', partners', employees',
agents', contractors', invitees', and guests', and their successors' and assigns' managers',
members', partners', employees', agents', contractors', invitees', and guests' use of the
Easement shall in no way prevent or interfere with Grantee's successors', assigns', managers',
members', partners', employees', agents', contractors', invitees', and guests', and their
successors' and assigns' managers', members', partners', employees', agents', contractors',
invitees', and guests' rights in, and use of, the Easement, and shall not be inconsistent with such
rights in, use of, and full enjoyment of the Easement. Notwithstanding the foregoing provisions,
Grantor shall not place any structures, landscaping, or other improvements within the Easement,
and Grantee shall not be liable for their removal if they are so placed by Grantor.
2. Permitted Uses. The Easement is for utilities and ingress to, and egress from,
(including, without limitation, vehicular and pedestrian traffic) the Dominant Estate. This
Agreement also authorizes Grantee to place signage at a point near the intersection of the
Easement and Weld County Road 44, as permitted from time to time by the Weld County sign
code, rules, and regulations, as amended.
A. Utilities. Grantee is authorized to construct, install, operate, inspect,
repair, maintain, replace, reconstruct, enlarge, improve, relocate, and remove utilities within and
from the Easement without the express written consent of Grantor; provided, however, that
Grantee shall have the duty and obligation to restore the Easement to its original condition after
• any such construction, installation, operation, inspection, repair, maintenance, replacement,
reconstruction, enlargement, improvement, relocation, and/or removal of utilities within the
Easement.
B. Access. Grantee shall have the right to construct, repair, maintain, rebuild,
patrol, and improve the Easement beyond its present condition at Grantee's sole cost and
expense, including, but not limited to, grading, leveling, digging, ditching, and/or adding barrow
pits, road base, gravel, paving, asphalt, and/or concrete; provided, however, that all
improvements shall become the sole and exclusive property of Grantor.
3. Temporary Construction Easement. Grantee has the right to temporarily use a
T"N k t-! (s c ) foot wide strip of Grantor's real property along each boundary of the
Easement for purposes of constructing, repairing, maintaining, rebuilding, and improving the
Easement.
4. Maintenance, Repair, and Improvement. Grantee shall have the sole and exclusive
duty and obligation to maintain, repair, and improve the Easement. Grantor shall have no duty
or obligation to repair, maintain or improve the Easement. Grantee, at its sole expense, shall
construct a fence, barrier, or landscaping, including without limitation signage, designed to
prevent traffic using the Easement from accessing Grantor's Servient Estate.
5. Markers. Grantee shall have the right to mark the location of the Easement by
suitable markers set in the ground.
•
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• 6. Term. The Easement shall be perpetual and shall run with the land concerning the
Dominant Estate and the Servient Estate.
7. Warranty of Title. Grantor, for Grantor, and Grantor's successors and assigns,
covenants and warrants that Grantor is the sole and exclusive legal and record owner of the
Servient Estate, has good right and title to grant, bargain, sell, and convey the Easement and the
rights herein set forth to Grantee, and will warrant and defend the same to Grantee, its successors
and assigns, forever.
8. Indemnification. Grantee indemnifies and agrees to defend and hold Grantor
harmless from and against any and all bodily injury suffered or property damage incurred by
Grantee and/or Grantee's managers, members, employees, agents, contractors, invitees, and
guests while using the Easement.
9. Cure Period for Breach. Should Grantor or Grantee breach any term or condition of
this Agreement, the breaching party shall have thirty (30) days from receipt of written notice of
the breach from the non-breaching party in which to cure the breach. If the breaching party fails
to cure the breach within said cure period, the breaching party will then be in default under this
Agreement.
10. Enforcement. In the event any party to this Agreement incurs costs and attorneys'
fees in enforcing the terms of this Agreement after one party's default under this Agreement,
• whether such enforcement is by lawsuit or otherwise, the prevailing party shall be entitled to
reimbursement of all its reasonable attorneys' fees and costs by the other party.
11. Waivers. Grantor has not hereby waived any rights in the Property, except those
expressly set forth in this Agreement. Grantor reserves the right to use the Property for purposes
not inconsistent with the full enjoyment of the Easement. No provision contained in this
Agreement shall be deemed to have been abrogated or waived by reason of any failure to enforce
the same, irrespective of the number of violations or breaches that may occur. A provision
contained in this Agreement may only be waived by a written instrument signed by the party
waiving such provision.
12. No Prescriptive Rights. The Easement granted herein is not intended, nor will it
create any prescriptive rights in the public to the Easement. Both the Grantor and Grantee shall
have the right from time to time to temporarily close the right-of-way within the Easement for a
reasonable period of time, under mutual written agreement, in order to avoid the granting by
prescription of any absolute rights in such right-of-way to third parties.
13. Governing Law; Jurisdiction; and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado, exclusive of the principles of
conflicts of law. The County and District Courts of Weld County, Colorado shall have the sole and
exclusive jurisdiction and venue to decide any and all disputes arising out of this Agreement. The
parties to this Agreement hereby irrevocably submit to the in personam jurisdiction and process of
said Courts, and waive their rights to a trial by jury.
•
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. 14. Remedies Cumulative. All rights, remedies, and recourses afforded by reason of this
Agreement, or otherwise, are separate and cumulative and may be pursued separately, successively,
or concurrently, as occasion therefor shall occur, and are nonexclusive and shall in no way limit or
prejudice any other legal or equitable right, remedy,or recourse that is available. No single or partial
exercise of any right or remedy shall preclude further exercise thereof or the exercise of any other
right or remedy.
15. Notices. All notices, requests, demands, or other communications called for or
contemplated under this Agreement to be given to a party shall be in writing and shall be deemed
to have been duly given when personally delivered or, if mailed, three (3) business days after the
date of mailing, by United States First Class Mail, proper postage fully prepaid, addressed to
such party at the address listed in the introductory paragraph of this Agreement, or at such other
address as such party may subsequently designate to the other parties by written notice in
accordance with the terms and conditions of this Section.
16. Severability. If any provision of this Agreement or portion thereof shall be found by
any court having competent jurisdiction over this Agreement and the parties to be invalid, unlawful,
or unenforceable, this Agreement shall nevertheless remain effective, but shall be considered
amended to the extent considered by said court to be reasonably necessary to render said provision
or portion hereof valid, lawful, and enforceable, and shall be fully enforceable as so amended. The
parties do hereby expressly authorize any court of competent jurisdiction to modify any such
provision or portion thereof in order that any such provision or portion thereof may be enforced by
• such court to the fullest extent permitted by applicable law.
17. Captions. The captions and headings in this Agreement are for are for the sole
purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of
this Agreement or any part hereof, and such captions and headings shall not be considered in
interpreting or construing this Agreement.
18. Time of the Essence. Time is of the essence in this Agreement. If any duty or
obligation under this Agreement is not timely performed or waived as herein provided, such
action shall constitute a default and breach under this Agreement.
19. Numbers and Genders. Whenever used herein, unless the context shall otherwise
provide, the singular number shall include the plural, and the plural shall include the singular,
and the use of any gender shall include all genders.
Witness the undersigned Grantor's and Grantee's hands and seals this o23— day of
\AIWA , 2011.
•
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• GRANTOR:
Petrocco amil imited ft' ship, LLLP,
a Colo7�do limite ' bili li 'te partnership
i
By: h SR,
Print Name: MJ,4O/,/6 -2 RoCeD Sa
Title: General Partner
GRANTEE:
Big Thompson Investment Holdings, LLC
a Colorado limited liability company
By: 4 --
Mark S. Goldata-Manger
State of Colorado )
IDf `, ) ss.
County of W e,1d, )
0Tl e foregoing instrum t was 11 a knowledged before me this a34 day of
Q.eviA�W , 2011 by VGUJ(6 venom, Sv. , as General Partner of Petrocco
Family Limited Partnership, LLLP, a Colorado limited liability limited partnership.
Witness my hand and official se 1.
My commission expires: `I 113 2014
.1 em)A
ct.t5Y pv6 Nota•y Publi
2O In
/KATHRYN L I [SEAL]
• HERDER :.
N„.,,,,P co"
State of Colorado
PAYCOMICS'S ,r.EXPIRES:
I '} ) ss. Ali 13,2014
County of W fa& )
�"1'h foregoing instrument was acknowledged before me this 23'1) day of
IA( , 2011 by Mark S. Goldstein, as Manager of Big Thompson Investment
• Holdings,LLC, a Colorado limited liability company.
-5-
Witness my hand and official seal.
My commission expires: I 13/2I4
L.
'��RY
4./ 'fin KATHRYN L 1 Notar Public
HERDER •
#9 [SEAL]
oc
MY COMMISSION EXPIRES:
JOINDER AVIIIVIMINSENT OF HOLDER
OF DEED OF TRUST
, as holder of the Deed of Trust dated
, recorded , , in the real property records
of Weld County, Colorado, Reception No. from
, as grantor, to the Public Trustee of Weld County,
Colorado, for the benefit of , hereby
joins in the aforesaid Easement Deed and Agreement for the sole purpose of expressing its
consent thereto and of binding, subjecting, and subordinating the aforesaid Deed of Trust and its
interests in any portion of the property described therein to the terms and conditions of the
Easement Deed and Agreement.
• DEED OF TRUST HOLDER:
By:
(Name) (Title)
State of Colorado )
) ss.
County of )
The foregoing instrument was acknowledged before me this day of
, 2011, by as of
•
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
[SEAL]
•
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•
EXHIBIT"A"
LEGAL DESCRIPTION:
A 60-FOOT WIDE ACCESS EASEMENT ACROSS THE EAST SIDE OF LOT B OF RE-1177
LYING IN THE NORTHWEST 1/4 OF SECTION 23,TOWNSHIP 4 NORTH, RANGE 66 WEST,
OF THE 6TH. P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING:CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF
SECTION 23,TOWNSHIP 4 NORTH, RANGE 66 WEST,OF THE 6TH. P.M.,TO BEAR
NORTH 89°56'16"EAST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 23,TOWNSHIP 4
NORTH, RANGE 66 WEST;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 23,
S 89°56'16"W FOR A DISTANCE OF 431.78 FEET TO THE NORTHEAST CORNER OF LOT B
OF RE-1177 BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID NORTH LINE ALONG THE EAST LINE OF SAID LOT B
S 00°03'44"E FOR A DISTANCE OF 186.11 FEET TO THE SOUTHEAST CORNER OF SAID
LOT B;
THENCE ALONG THE SOUTH LINE OF SAID LOT B S 80°49101"W FOR A DISTANCE OF
60.77 FEET;
THENCE DEPARTING SAID SOUTH LINE N 00°03'44"W FOR A DISTANCE OF 195.74 FEET
TO A POINT ON THE NORTH LINE OF SAID NORTHWEST 1/4;
• THENCE ALONG SAID NORTH LINE N 89°56'16"E FOR A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING A CALCULATED REA OF 0.26 ACRES.
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COL NO.24307
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VVYINB, INC.
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LONGMONT, CO 80504 16\12-13•//
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• CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The UNIFIED TITLE COMPANY OF NORTHERN COLORADO 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 A and Lot B of Recorded Exemption No. 1057-23-2 RE-4914, recorded December 28, 2009
as Reception No. 3667225, being a part of Lot B RE-1282 being a part of the West 1/2 of Section
23, Township 4 North, Range 66 West of the 61h P.M., County of Weld, State of Colorado.
CONVEYANCES (if none appear, so state):
" Reception No. 3805590 , Book
N Reception No. 3481387 , Book
Reception No. 3466592 , Book
v Reception No. 2324213 , Book 1373
Reception No. 1812867 , Book 891
`--+ Reception No. 1532029 , Book 610
• The certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a
guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is
hereby limited to the fee paid for this Certificate.
In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this
certificate to be signed by its proper officer this 26th day of October, 2011, at 5:00 p.m.
Company: UNIFIED TITLE COMPANY OF NORTHERN
COLORADO
By: f l ' FI�
�
Authorized Signature
3690 W 10th Street 2nd Floor
Greeley,CO 80634
L&utea' Phone 356-3551
rifle COMPANY Fax 356-2063
•
CERTIFICATE OF CONVEYANCES WELD COUNTY
•
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The UNIFIED TITLE COMPANY OF NORTHERN COLORADO 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 A and Lot B of Recorded Exemption No. 1057-23-2 RE-4914, recorded December 28, 2009
as Reception No. 3667225, being a part of Lot B RE-1282 being a part of the West 1/2 of Section
23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado.
CONVEYANCES (if none appear, so state):
N Reception No. 3481387 , Book
V Reception No. 3466592 , Book
Reception No. 2324213 , Book 1373
Reception No. 1812867 , Book 891
Reception No. 1532029 , Book 610
The certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
• This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a
guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is
hereby limited to the fee paid for this Certificate.
In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this
certificate to be signed by its proper officer this 6th day of October, 2011, at 5:00 p.m.
Company: UNIFIED TITLE COMPANY OF NORTHERN
COLORADO
-17 /u K-
By.
Authorized Signature
3690 W 10th Street 2nd Floor
'''ppp Greeley,CO 80634
MOW/ Phone 356-3551
TITLE COMPANY Fax 356-2063
•
eRecorded in Weld County, CO Doc Id: 3805590
11/15/2011 09:45 A
Page: 1 of 2 Total Fee: $16.00
•
Steve Moreno, Clerk and Recorder
When Recorded,Return To:
Big Thompson Investment Holdings,LLC
1205 W.Elizabeth St—PMB 134
Fort Collins,CO 80521
GENERAL WARRANTY DEED
THIS DEED,made this 14th day of November,2011 between,Big Thompson Investment Holdings,LLC,a
Colorado Limited Lability Company of the County of Larimer,State of Colorado,THE Grantor,and Big Thompson
Investment Holdings, LLC, a Colorado Limited Liability Company whose legal address is 1205 West Elizabeth
Street,PMB 134,Fort Collins,CO 80521,of the County of Latimer,State of Colorado,the Grantee:
WITNESSETH,That the Grantor, for and in consideration of the sum of Ten (10)and no/100's U.S.
DOLLARS (US.$10.00),the receipt and sufficiency of which is hereby acknowledged, have granted, bargained,
sold, and conveyed, and by these presents do 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,State of Colorado,described as follows:
Lot A and Lot B of Recorded Exemption No.1057.23.2 RE-4914,recorded December 28,2009 as Reception No.
3667225,being a part of Lot B RE-1282 being a part of the West 95 of Section 23,Township 4 North,Range 66
West of the.5d1 P.M.,County of Weld,Slate of Colorado.
also known by street and number as:Vacant Land (collectively the"Property").
• TOGETHER with all and singular the hereditamcnis 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. Including all of the Grantor's interest in the mineral rights and
interests associated with and or appurtenant to the real property being conveyed by this Deed, including, but not
limited to,all right,111k,interest,claim,and demand in and to all oil,gas,natural gas,sand,gravel,coal,asphaltum,
hydrocarbons and geothermal resources,and all other like substances, together with all other rights associated with
owning the mineral estate.
TO HAVE AND TO HOLD the Property and the appurtenances, unto the Grantee, its successors and
assigns forever. And the Grantors, for themselves, their successors and assigns, do covenant,grant, bargain, and
agree to and with the Grantee, its successors and assigns, that at the time of the enscaling and delivery of these
presents, the Grantors are well seized of the premises above conveyed, have good, sure, perfect, absolute, and
indefeasible estate of inheritance, in law, in fee simple, and have good right, full power, and authority to grant,
bargain, sell,and convey the same in manner and form as aforesaid, and that the same arc free and clear from all
former and other grants,bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or
nature whatsoever,except those matters of record against the Property and the appurtenances.
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 and every person or persons
lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF,the Grantor has executed this deed to be effective on the date first set forth
above.
STENARTTITLE GRANTOR
(� ' t ,
4v` Cr-) �/-t,1Jt fs�"s..� �[ArLiw�'s, LLC
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0 3166602 0//112007 M:22A Weld fkodry,c0
• 1 0l 2 R 11,00 0 130.00 0teve Moreno Clerk&Recorder
387 WARRANTY DEED
THIS DEED,Made this 29th day of March,2007 between
Maxwell Kent Hickman and Diana C.Hickman
of the County of Weld,State of Colorado,grantor and
Rig Thompson Investment Holdings,LLC,A Colorado Limited Liability Company
rr O,C1ra
whose oul address of
is:1205 W.Colorado,Sr, tee Y174,Ft.Collins,CO 10521 .O r)3$•W
of the County of Weld,State of Colorado,granter. ik
WITNESSBTH,Thai the grantor for end in consideration of the sum of One Million Throe Hundred Eighty Thousand p
Dollars and NO/100's(51,380,010.00)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,Ids heirs and amigo 2
forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld.and State of
COLORADO,described as follows: D
See Exhibit A attached hereto and made a pan hereof.
THIS DEED IS BEING RE-RECORDED TO CORRECT THE LEGAL DESCRIPTION
SHOWN ON EXHIBIT A. r�v
4
also known by sheet and number as Vacant Land,Weld County,CO
TOGETHER with all and singular the hereditament;and appurtenances thereunto belonging,or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rents,Issues and profits thereo{and all the estate,right,title,interest,
claim and demand whatsoever of the grantor,either in law or equity,of in and to no above bargained premises,with the
herediuments and appurtenances,
TO HAVE AND TD.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 repre.esxalives,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,taro,perfect,absolute and indefeasible estate of inheritance,in law,In
• fee simple,and has good right,flail power and Lwfsl authority to grant,bargain,sell and convey the same in manner and form
as aforesaid,and that the same are free and clear Thom all farmer and other grants,bargains,sales,liens,uses,assessments, 1."
encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessment.for the Conant year,a lien Fh
but not yet due or payable,and those specific Exceptions dumbed by reference to recorded documents as reflected in the Title
Documents accepted by Buyer In accordance with section Si'Title Review",of the contract dated May 15,2006,between the or.
parties. I,
The grantor shall and will WARRANT AND FOREVER DEFEND the above-basgeired premises in the quiet and peaceable .Xl s�
possession of the grantee his bets 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 sngular,and the use of any gender shall be applicable to
all genders. i
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. s
SELLERS: CS?
Dist C.Hi
•
e Htc man ni ic as attorney in fact
TATE.OF COLORADO )m:
COUNTY OP Weld
The foregoing instrument was acknowledged before me this 29th day of Much,2007 by Maxwell Kent Hickman individually
and us attorney in fact for Diana C.Hickman
butOkA
Notary Pu e
Wimem my hand and official seal.
My Commission expire.:7/15/09 CARRIL.WALKER
NOTARY PUBLIC
STATE OF COLORADO
a*.fa m••,::.,,,ser:ne Ala t'.7070
• worHOTO 101 Snotty Title
Warmly Deed(Foe Photographic Record)wand t/2000 File No.so143523
I 1111111►1►1111111 IIII(111111 III 1111111 III 11111 IIII lilt
3481387 08100/2007 10:08A Weld County,CO
1 or 3 R 10.0D D 0.00 Steve Moreno Clerk&Recorder
• IJ Ii1iI NIII 1111111III2 till 1111111111111111111111
862 04104f1007 10:22A weld Counts,Co
2 0l 2 R 11.00 D 130,00 Sieve Moreno Clerk&Recorder
Exhibit A
Lot B of Recorded Exemption No,1057.27.2-RE1282 recorded February 26,1993 in Book 1371 u Reception No.02323133,
being a part of the West 4 of Section 23,Township 4 North,Range 66 West of the 6°P.M.,County of Weld,Stale of
Colorado,
EXCEPTING THEREFROM all that part of the Northwest V.Included in the main ditch known as the Great Bend Ditch
running acmes the North part of said Northwest'h from West to East and being a snip of land 25 feet each way from the center
of said ditch.
ALSO EXCEPTING all that part of the Northwest'/,and that part of the Southwest'''A of Section 23,Township 4 North,Range
66 West of the 64 P.M.,Weld County,Colorado,being more particularly described as follows:
Beginning at the North Quarter Corner of Section 23 and considering the East line of the Northwest'''A of Section 23 as bearing
South 00'08'15"West and with all other bearings contained herein relative thereto;
Thence South 00°08'15"West along the East line of the Northwest Y.636.18 het to the Tore Point of Beginning;thence
continuing South 00°08'13"West,2104.72 feet;thence South 88°00'51"Weal,466.61 feet;thence North 20°59'12"West.
639.75 feel;e " ' ""'89'.8"W...,629"' t,thence North 09°25'09"East,796,94 feet;thence NoN129'50'27"
East,524.30 feet;thence North 47'34'29"East 41888 feet to the True Polm of Beginning,County of Weld,State of Colorado.
u'
111111111111111111 I'll NUM'111111 III 11111IIII IIlt
3481387 06106/2007 10:0BA Weld County,CO
2 of 3 A 16.00 D 0.00 Steve Moreno Clerk&Recorder
�I
•
111111 IIIU 111111 IUI 11111111111111111 III 11111 VIII IIII
3481387 0610612007 10:08A Weld County, CO
3 of 3 R 16.00 0 0.00 Steve Moreno Clerk a Recorder
I hereby certify that the within instrument is a Iva
duplicate of the Original filed in my office.
Witness my hand and official seal thisnk
day of �/.�1q g2,.
0" awillle
Weld County Clerk and Recorder
• eld County, Colorado
BY
Deputy
I11111111111111111111111111 llt!1IIIIII III IIII I IIII 1111
3/66692 04/04/2007 10:224 Weld Cdunly,CO
• 5, 1 of 2 R 11.00 0 138.00 Stave Moreno Clerk&Recorder
WARRANTY DEED
THIS DEED,Made this 29th day of March,2007 between
Maxwell Kent Hickman and Diana C.Hickman
of the County of Weld,State of Colorado,grantor and
Big Thompson Investment Holdings,LLC,A Colorado Limited Liability Company OP-
�+
whose legal address is:1205 W.Elizabeth Si.,FMB#134,Ft.Collins,CO 80521 Qr(3p
of the County of Weld,State of Colorado,grantee: tk
WITNESSETH,That the grantor fur and in consideration of the sum of One Million Three Hundred Eighty Thousand J
Dollars and NO/100's($1,380,000.00)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 and assigns 5
forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,and State of
COLORADO,described as follows: t�
See Exhibit A attached hereto and made a part hereof. —P
4
also known by street and number as Vacant Land,Weld County,CO
TOGETHER with all and singular the hereditamenis and appurtenances thereunto belonging,or in anywise appertaining,and fl-
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.
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 Cb
fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form
as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, 1—
encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien
but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title v'`w-4
Documents accepted by.Buyer in accordance with section 8a"Title Review",of the contract dated May 15,2006,between the '
parties.
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 C
all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
00)
SELLERS:
Diu a C.Hic
•
e Hec man rat .lc an as attorney in fact
TATE OF COLORADO }se:
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 29th day of March,2007 by Maxwell Kent Hickman individually
and as attorney in fact for Diana C.Hickman ir.
ithk1 K
Notary 1\11
Witness my hand and official seal.
My Curnmissionexpiresr7/15/09 CARRIE.WALKER
NOTARY PUBLIC
STATE OF COLORADO
• cc,..: :.d+rrs!,iF 15,2009
wDPNOTo #1 Security Title
Warranty Deed(For Photographic Record)updated(/7006 File No.80143523
1111111111111111111111111111111111111III11111IIII Jill
3466692 04/04/2007 10:22A Weld County,00
• 2 of 2 R 11.00 D 136.00 Steve Moreno Clerk I Recorder
Exhibit A
Lot B of Recorded Exemption No,1057-23-2-RE1282 recorded Febmary 26,1993 in Book 1371 as Reception No.02323133,
being a part of the West'h of Section 23,Township 4 North,Range 66 West of the 61 P.M.,County of Weld,State of
Colorado,
EXCEPTING THEREFROM all that part of the Northwest'A included in the main ditch known as the Great Bend Ditch
running across the North part of said Northwest'A from West to East and being a strip of land 25 feet each way from the center
of said ditch.
ALSO EXCEPTING all that part of the Northwest''/.and that part of the Southwest'A of Section 23,Township 4 North,Range
66 West of the 6h P.M.,Weld County,Colorado,being more particularly described as follows:
Beginning at the North Quarter Corner of Section 23 and considering the East line of the Northwest'A of Section 23 as bearing
South 00°08'15"West and with all other bearings contained herein relative thereto:
Thence South 00"08'15"West along the East line of the Northwest V 636,18 feet to the True Point of Beginning;thence
continuing South 00°08'15"West,2104.72 feet;thence South 88°00'51"West,466.61 feet;thence North 20°59'12"West,
639.75 feet;thence North 09°59.12"West,639.75 feet;thence North 09°25'09"East,796.94 feet;thence North 29°50'27"
East,524.30 feet;thence North 47°34'29"East 418.88 feet to the True Point of Beginning,County of Weld,State of Colorado.
•
•
• B 1373 REC 02324213 03/05/93 15:59 510.00 1/002
• Aga:Ivey, _ F 024B NARY ANN FEOBRSTEIN CLERK S RECORDER WELD CO, CO
• • f ]
WARRANTY DEED •
THIS DEED,Made this 26th day er February
i9 93 ,batman KEVIN W. SCHMIDT, DARWIN R. SCHMIDT and STATE DX191'gQ�y
ROY A. SCHMIDT Date .1f6IyrJ
II °file 'County of weld and $ (�''�
So b Slaw°f G, mdn,grunion.nod • ...•
MAXWELL KENT HICIGIAN and DIANA C.
HICKMAN
whose legal address is 1634 Sunset Street
Longmont, Colorado 80501
II of the County of Boulder and State of Colorado.grantees:
WITNESS,that the grunter,for and In consideration of the suns of
II One Hundred Ninety Five Thousand and 00/100ths DOLLARS,
the rrxeipe and sufficiency of which is kitty ucknowlodged.has grunted.bargained.sold and constiXd.and by these presents does
D `�.P.f.- gnat.bargain.Nell.convey aedeonurm unto the gwdccs.their helm and ussignsfonwa..mR in tenancy in common but In Min tenancy.I all the real property,together with improvements,If any.situate.lying and bong in the County of
19•SO WBBA and State of Colorado.described as follows:
SEE EXHIBIT "A" ATTACHED HEEE'TO
also known by steel and number as vacant land
TOGETHER with all and singular the hewdilaments and appurtenances thenonw belonging.or in anywise appeWiniag and the
reversion and reversions,remainder and eroaindens,redo,issues and profits thereof and all the estate,right.Sic,interne.claim and
demand whatsoever of red gnnra'.either in Inv or equity,of,in and fa the shove bargained premises,with the baodiumena said
• appurtenances.
TO HAVE AND TO HOLDda said promises above bargained anddescribed.with the appurtenances.unto Megrantas.their heirs
and assigns forever.And the grantoc for himself,his heirsand personal repr sentaIves.does covenant.grant bargain aedapee wand
wall the Fences,lkirheinandascigns,MN B the deco(ikeensealingawidelivery ankle presents,he is'MUMS of the premises
above conveyed.has good.sum.perfect.absolute and indefadbk estate of inheritance,in raw,in fee simple.aadhas geed;ylt.full
power and lawful autariry to grant bargain,sell and convertive same in manner and wmafomsaid,and Hattie semen few and clear
from all forma and other pants,bargains,sales,lions,taxes,assessments.encumbrances and msaictions of wharves kind or NAM
Fawn except general taxes for 1993 and subsequent years; except easements,
restrictions, covenants, conditions, reservations and rights of way of
record, if any; except Oil and Gas Lease recorded January 16, 1973 in Book
683 as Reception No. 1605493
The grantor shall and wiH WARRANT AND FOREVER DEFEND the above.bargaiaed premises is the quiet and gamble
possession of the gmnhes. their heirs and assigns.against all and every peen or persons lawfully claiming do wkly.:ear*ary pan
thereof.
The singular nut shall include the plwd,the plural the aingulu.and the use of any gender shall be applicable w all genders.
IN WITNESS WHEREOF tee 0niter hue executed thin deed on the game tot fonts above,
1. 51.442 e
740Y/W.
rp w sax Oa' DARWIN R. SCHMIDT
ROY A SCHMIDT
STATE OF COLORADO
}M
Enure).of WELD
The foregoing irouumem ova acknowledged before raw this 26th day of February .19 93
by Kovin W. Schmidt, Darwin R. Schmidt and Roy A. Schmidt
wanes my kid owl°Mehl sod
MyCoCoan6lwcanix, Decanter 1 .19 94 .
Ili `.x1:LLGr 7n.�,tNew,
• .. xw,rwa ,
*Ifla Dann Wert'Thy lad." tan m. . dee. .he..... rmtedtrtnl oevadmerWSna.ACAll•No.921A.Rte.345.%ORAsry MID 411)Mai Tama,• ..- _
Madam rsFsMna.Ha;Wear,Sn.Meech CO rasa—Awn 29bnw—MI
• ' B 1373 REC 02324213 03/05/93 15:59 $10.00 2/002
' P 0249 MARY ANN PEUERSTEIN CLERK 6 RECORDER WELD CO, CO
• "EXHIBIT A"
LEGAL DESCRIPTION
Lot B of Recorded Exemption No. 1057-23-2-RE1282 recorded February 26,
1993 in Book 1371 as Reception No. 02323133, being a part of the W1/2 of
Section 23, Township 4 North, Range 66 West of the 6th P.M., County of
Weld, State of Colorado,
EXCEPTING THEREFROM all that part of the NW1/4 included in the main ditch
known as the Great Bend Ditch running across the North part of said NW1/4
from West to East and being a strip of land 25 feet each way from the
center of said ditch.
ALSO EXCEPTING all that part of the NW1/4 and that part of the SW1/4 of
Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County,
Colorado, being more particularly described as follows:
Beginning at the North Quarter Corner of Section 23 and considering the
East line of the NW1/4 of Section 23 as bearing South 00 degrees 08
minutes 15 seconds West and with all other bearings contained herein
relative thereto:
Thence South 00 degrees 08 minutes 15 seconds West along the East line of
the NW1/4 636.18 feet to the True Point of Beginning; thence continuing
South 00 degrees 08 minutes 15 seconds West, 2104.72 feet; thence South
88 degrees 00 minutes 51 seconds West, 466.61 feet; thence North 20
degrees 59 minutes 12 seconds West, 639.75 feet; thence North 09 degrees
25 minutes 09 seconds East, 796.94 foot; thence North 29 degrees 50
minutes 27 seconds East, 524.30 feet; thence North 47 degrees 34 minutes
29 seconds East 418.88 feet to the True Point of Beginning.
TOGETHER WITH seventeen (17) shares of the capital stock of the Western
Mutual Ditch Company
TOGETHER WITH Irrigation well No. Permit No. 0787 as adjudicated
in Case No. W544
•
•
•
i)
5°C* • kwajii. :247 ...):11es �ta.12g -I'�Jf� 44)'
• • • ar Ht .../.If./..§h7. yy(�.�T{II�,I([e,v? � 1&4
. ,1-f fl
. .• One ul Ca,aa,Wild c.5wr tl.a o eweN,.
I .+ CO-PER8ONAL REPRESENT/TI/EV DEE$ » '
I. TNIS DEED is made by,PAU) C :L RENS end 2dMg„L. LORENt,J e.Coa r', r
Personal Rep,resentetivea ofathe Catae§'at aerthe Q, )arena ! ;MAW, '' ' I ,e °rantora to KEVIN H, SGHMIDT, 141RWIN;P SENNIDT.and ROY A6, HNEDT as e .
tenants in camm9n, Wh9ue eddreae n!° c/o 19268 1veld County 4994,:l1,„
LaSalle, Colored°.90e45, Grantees., ' '-
e av
WHEREAS, the abernaMad dedcdent.Sn hex+ ifitiei •her Last Will and Testament.dated Hay -2! 1974,'Which Wl1in v r 441lR.9Adill uld- : s
n witted to informal probate.al tkreh 2'ly /979t'hy the Distrio Ouxti,in
and for 1hr1;,Cpuniy of Netlit.end Stets af:.Colotaac,.prebate No:/ll FR/45y °'
n
WHEREAS,' Grantoro were dui a ointed Co-
of said,Estate on March 29,'1929, and are eowtquellfiedRa dVdoting ins -
said capacity, "
ERN NOW,16HEREFORt pursuant to the power conferred upon Grantors-py
ti r 909 of the Colorado Pro 'atm Code and for the odns( eby '
Lion of other good and valuable consider Lion And TIN'AND Np/lobtoilers^'as Grantors sell and cony y yiq.,grantees AtA,t*n*aflte #n QQmmon the:T o.W,j ne ''��f3 -;
real proper =ifi Weld unty,,rEdlal•di)trcrY e Ahoy ;r • xh.�O"c })Elr A`. •--
The Northwest Quarter (1)W1r/a) p t/',ttiop(T?"anty threel' t :;
'(23), Township Four (4) North;, Range Sixty-six (667$
West of She 6th;R..H , Weld Caunty,,,,$old*adoi[ exceptin 2 that portion in the Northwest'Cornet4•shereof lying*""'P". . "
North and West of the East lino pf•.tne right of way;of i-; +
the Union Paoific-Reilway'cotpany, 'as.the elms now-ax.
iete,over end..a°Fa°R said lard; excep ipggnggii also that:;And
• covmmonly knownIas Greet Bend Reservoi 1o. 8I sesdcitif;•" ..
•
• Also parcel of-lend in the 6Outh4eatlquprter (Nt(90h of
8 sedf,(ea Twentyy-tnnee.flra)(t:Tewpanip Stun cN) xarfThn Range
,g Sixty-six (&6)'Waft of the^Oth P M 'Weld'County, 'c ,7 e'
gl Colorado moreppauticnlMIy'dakeribed•ee. followert,Rea-
s.'1 'a_ SSnn'ing at the .ortht.,t Oornen of the.'touthwemi yuanter
s , of•slid Section 23, thence 'South 918%, thenda Eelt paw'`.
�C y to ra]1a3,:.vith the Nort➢ lyn of,ssid Hection,Y741 then a c
C yW North::2)5 thence%Weet 474+VY p''I' �. :actin ey -au, es. tv,c*rddeo
O 7 4f^'bagihningr txc,Pt+psrcalroounty.xeoo ≥].,alai excet+tad
• A dC '1ft ).Pese66a.Aage('392)r..We.4 WITe R0000h'ded in book b .
teal Pee. i3Ofona d ntained,in deed re;Ordad in hook
201, Fame 420, Weld-County Records; TOGETHER with d1.1
e
oil
Western Mutual Ditch Co. cnd-Well:No. 1^decreed,r
July 1953 for 7Grantor- to gene)°,ga'yorena+ln W-a45Ati.„ .•
REyeralNrigha t, Grantore all 017, par.and mineral' and.
mfnapal rights.,. together the sAwl sight of iegrto- and
mSreao•'t della-and.edne' the'.eema edrebe right r,.blwc
nech.df the aurfeoe•dareei'emove,aues.gs:,ls reaeoneoly�N }s.,
necessary tc prOdec and nedave uOh+ofl, AP nndf9the'r,, t
mineral. , tt r > s, rr tr
with all eppurtenancea, eubfeot to 141. Peteet recorded in gook';Mat"'Page 463 Weld County Recorpa,„reepprygtlap'a�id. oal•by d edrrgoordy d,in
Book 201 at Paga'430, Weld County Repnrde', :eclroMQ bight ot`eay by deed recorded n soak, 2O1,n P*tEe,A9n,,,f4g13dgrOpunte RAQdrdpy remery9,tion.of hinds by ine5Eueint Ggcarded-in leek 956;8.# pegs 9i.7y:'We1d Count-g Record.,
road rights gg•uaayy by.dnotKunent taowgded in Hook Q6,at Page 21d,.WWeld County Recox'de,righte-o9 way for dltche,, tight of way for pipeline by instrument reoordcd in Rook,l4m undert. eoeptie axe 4469979t,Jds,ld Mount,Records o3,1 end:'gaa lean:*recorded xin.,moor,, 9@l.ggdar;,Rereptjpn 664)605493 ,Cy
Weld, unty Re9nrde,•,}, , - :',., ' :,•.--:.,-.7:. ,
• Rt#'Rk9la4044^tiPZW '517yi KW4OSSiaityyr •
- t -
! .. • r , ,ire. . .
V�'xf ter I yS (. - KIMr I.
•
'•5 9J•
4✓ 15R
TotO inddaa any eetitll-tD,-t eganb hereafter to propert.an.ien n et in, or e .execution the ti,t dead,the`the brent.eubbd hepeccep ange god, • r'
by ore ng.oft it er thin dead, wan the 0ranttha.by ehe anaeettare hot
Grantor'$ spofouse,
e each or tte and Or7corporat the Brgi st-are Apt'
Grantor's' avevae, agent ic al �1ttare tr,en pthat thion ea gist to artpo
Grantor.rs 'tioen a bane feclal rioted
y4,C,nd thhat=ofl i dead t not a part of ')a transaction cotpan whieoncz repronentatd Dv'a;conFSlbt.of fpteree5 oir�:Yha.part. ' )of thu qo-peYaonal rePM,rROt4tlVea,.
ExecuteA �u•e,ml,er ,7Fi' JA:��t^ : v
Ian.00.49770,s , l ..
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it t y CO erlgaalj;Repreeentn!i,v4, of the .
Fy45:)K!et Bert e.•C 'Wrens, Deceased
BTAT$OF COLbi ADO )' ac
COUNTY AF m,D4,t1, ) ..
foregoing inctruMent .woe.aakMuled 9 e 1!”-
The
day of peoember 1979, by e,od•bofoth nCo.Pa * -
atul C Larkna ora a+ the aded.EB
Representatives of the Estate t+f BepthA C. Lorena,,.Deaeaead;.� .
• khtneas my bend end,offici 1 peal; `
J1,ot,9 .''region exp M+ k/
'r or ot,VC 114 e'• Gr
to A )�0 A B
_ cr: t �� •:. a L e i
STATE OF COLORADO )
COUNTY OF LA PLATA ) 'ep'
,The foregoing instrument was acknowledged � ����Defer, ma phiot
• • d aj, camber 1979,.by Ivan 1, Lcrehe;3 .d'Ffia're f the .Co Perdpna •.... •
Its ant vas of the Zetattai of Rant pe-C lorena,''Pecos**d
Yigneee Thy hand ,and dfl¢oaal -
Ny Cd y4esi,on expire;. j .. r x..r d 1 - f
`k rat
BY PU&L i,�r;
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KTATZ OT COLOGADO
DCFaxTIDtuT Or LAW
17411ENITANCE TAX DIVISION
MUSE 017 INHERITANCESAX USN
P
Oa ,
Estate of........_Daniel N. Lorene, a/k/e D. N. Lorenz
rw
Date a Deathtlotober.7, 1968
72 234.02
r•p
It appearing to the attorney general that it is not necessary to preserve the lion
agranted by the Colorado Inheritance tax law against the hereinafter described real
estate,in whiab-the above named decedent had an interest,by virtue of the authority
o vested in me under the provisions of 8eo.1384.61,CR8.,1953,I do hereby forever
release and discharge the inheritance tax lien against the following described real
estate,to•wit5 The NW} of section 23, Township 4 North, Range
66 West of the 6th P.M., together with 18 shares of the
a, capital stock of The Western Mutual Ditch Company, the
irrigation pump, well, motor and all attachments and appu -
� tenancee thereto, and any and all rights-of-way for
ditches used for the purpose of irrigation of said land;
excepting all that part of the above described property
• lying Notth and West of the East line of the Union Pacifi
Railroad Company right-of-way; also, excepting a parcel
of land comprising about two acres located in the North-
east corner of the NW} of said Section 23, the boundaries
of which are-more particularly described in the release
of mortgage recorded in.Book 956, Page 365, of the County
of Weld records. Also a parcel of land comprising about
two acres located in the Northwest corner"of the SW}.of
Section 23, Township 4 North, Range 66 West of the 6th
P.M., in County of Weld, State of Colorado, on which are
located the improvements that belong to the NW} of said
Section 23 and which parcel of ground is more particularl
described as follows, to-wit,: Beginning at the Northwest
corner of theSW} of said Section 23; thence South 236 fee ;
thence East parallel with the Northline of said Section
474 feet; thence North 236 feet; thence West 474 feet,
• more or less, to the place of beginning; held es record
owners with Bertha C. Lorenz.
Dated at Denver,Colorado, Dun W. Duran,
Altmay General of Colorado.
May B! . l
'
196 -9. ✓/ C _ /J) ..
Nan.Tana
Aetna Attorney General.
Na,—This rein,.sea be exweed Ilse the steer et lee desk and warder el the tower r to
whet. the property Is Alen.
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