HomeMy WebLinkAbout20120138 •
Exhibit H
Deed and/or Ownership Information
See the attached documentation.
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2012-0138
EASEMENT FOR COMMUNICATIONS TOWER SYSTEM
STATE OF COLORADO §
COUNTY OF WELD §
KNOW ALL MEN BY THESE PRESENTS: That the undersigned,the owner(whether one or more)
of the legal and equitable title to the following described real estate situated In Weld County, State of
Colorado, for and in consideration of the sum of TEN and NO/100 Dollars ($10.00) in hand paid by DCP
Midstream, LP, and other good and valuable consideration, the receipt of which is hereby acknowledged,
do(es) hereby grant and convey unto the said DCP Midstream, LP., whose address is 3026 4th Avenue,
Greeley, CO 80631, an easement over, upon and across the following described real estate situated in Weld
County, State of Colorado,to-wit:
A tract of land located In the NW/4NW/4 of Section 21,Township 6 North,Range 62 West,6s'
P.M.,as more particularly described In EXHIBIT"A"attached hereto and made a part hereof.
with the right of ingress and egress to and from the same, for the purpose of constructing, inspecting,
operating, maintaining and removing a communications tower system consisting of communications towers,
poles, radios, antennas, wires, cables, guy wires, anchors, brace-poles, and other equipment and
appurtenances, over, under, through and across said land and premises, and for the purpose of cutting,
trimming and otherwise controlling the growth of trees and shrubbery that may interfere with or threaten to
• endanger the operation and maintenance of said communications tower system.
The undersigned hereby covenant and agree to grant and convey an easement and right-of-way to,
and in a form satisfactory to Rural Electric Authority, an electrical company, authorized to provide service to
said facilities.
Grantee shall indemnify Grantor and hold Grantor harmless against any claim of liability or loss from
personal injury or property damage, not due to the negligence or willful misconduct of Grantor or Grantor's
agents,which may arise out of Grantee's lease of the Leased Premises and its operations thereon(including,
without limitation, any liability arising under any federal, state or local 'environmental laws, rules or
regulations), excepting, however, such claims or damages as may be due to or caused in whole or part by
the acts of Grantor, or its agents and servants. In the event of Grantor's negligence or willful misconduct,
Grantor shall so indemnify Grantee.
In order to construct and operate the communications tower system, Grantee needs to obtain a
subdivision exemption and use by special review permit ("USR") from Weld County. Grantor agrees to
reasonably cooperate, at no cost to Grantor, in the preparation and submission of the applications for the
subdivision exemption and USR (collectively referred to as the"Land Use Applications"). In the event either
or both of the Applications is denied, this Easement Agreement shall terminate and all sums paid hereunder
shall be returned to Grantee.
IN THE EVENT that said communications tower system herein specified shall be abandoned, the
easement granted shall terminate and Grantee will furnish a written release hereof. By "abandonment" is
meant non-use of such communication tower system or other associated communication systems for more
than twelve (12) consecutive months, provided that non-use by war, acts of God, rules or regulations
promulgated by any Governmental body, Federal or State, having jurisdiction hereof, shall not constitute
"abandonment'.
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TO HAVE AND TO HOLD such easement and right-of-way unto the said DCP Midstream, LP., its
successors and assigns,forever.
DATED this w- s' 1 l .
°L,►, i 6 ,
Wells Ranch,by S even T. ells
ACKNOWLEDGEMENT
STATE OF COLORADO §
§
COUNTY OF WELD §
Before me, the undersigned, a Notary Public in and for said County and State,on this Alit day of
April 2011, personally appeared STEVEN T. WELLS for WELLS RANCH, to me known to
be the identical person who executed the within and foregoing instrument and acknowledged to me that he
executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
• Given under my hand and seal the day and year last above written.
kryP iS. ,.>4 /4dC
Notary Publicc
(SEAL)
My Commission expires: 7/31 20,3
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Exhibit I
Certificate of Conveyance
See the attached Certificate of Conveyance.
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Heritage5586 West 19th Street. 1000,
Title Company #
Greeley.CO 80634
Phone: (970)330-4522
Fax: (866)828-0844
FILE NUMBER: 459-H0307150-820-GRO DATE: September 6.2011
PROPERTY ADDRESS: none shown.,.CO
BORROWER: Wells Ranch
PLEASE DELIVER TO THE CUSTOMER LISTED BELOW:
I TO: Witwer.Oldenburg Barry&Johnson.LLLP PHONE:
Patrick Groom FAX:
822 7th St. E-MAIL:
Greeley,CO 80631 NO.OF COPIES: 2
ROUTING METHOD: deliver
ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY
QUESTIONS REGARDING THESE MATERIALS.PLEASE CONTACT Heritage Title Company.Inc.AT Tilt'.ABOVE PHONE NUMBER.
WE SINCERELY THANK YOU FOR YOUR BUSINESS.
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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
All of Section Twenty-one (21), Township Six (6) North, Range Sixty-two (62) West of the 6`"
P.M., County of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
N Reception No. 1290478 Book 1516 Page 627
Ni Reception No. 1995543 Book 1055
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 26th day of August, 2011, at 7:00 am.
Order No. H0307150
Heritage Titl Co any, Inc.
By:
A thorized Signatory
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m_����� ryryd_ QQ11N 516 PAGE 627
a _ 1958 ..rara�.r
o..�.,+.. 1.41)04175_4..)(.111'"l__A..Sawa p.s.d.
• SPECIAL WARRANTY DE.N2
KNOW ALL MEN BY THESE PRESENTS: That I, ELSIE LOUISE
WELLS and JACKSON B. WELLS, of the County of Weld and State of
Colorado, and KATHERINE WELLS CALVE, of the City and County of
+ Denver and State of Colorado, as devisees, legatees and as Executor
under the Will of Harry L. Welts, deceased, in consideration of
mutual partition and to confirm and perform distribution ordered
by the County Court of Weld County in the Estate of Harry L. Wells,
deceased, not exceeding a total of one hundred ($100.00) Dollars,
S in hand received, hereby sell and convey to A. BRUCE WELLS and
tJACKSON B. WELLS, the surviving partners, equally, all right,title
f and interest of the said Harry L. Wells, deceased partner in the
a
7 1 firm of Harry L. dells, Jackson B. Wells and A. Bruce °cells, and
in all of its assets, real, personal and mixed, and including all
interest of said deceased in and to the partnership real estate
more particularly described as follows, situate in the County of
• Weld and State of (,olorado, to-wit:
Sections Four (4) , Five (5) 1 Six (6), Eight, (8) ,
Nine (5) and the West Half (W}) of Section Three
(3), all in Township Five (5) North, Range Sixty-
! two (62), West of the 6th P.M. ;
Sections One (1) , Two (2) Three (3) Five (5) ,
Eleven (11), Fourteen (14) , Fifteen (15) , the
East Half (E4) and Three-Eighths (3/8) of the
West Half (W}) of Section Ten (10), and the North
Half (Ni) of Section Twelve (12), all inTownship
° '? Five (5) North, Range Sixty-three (63), W
the 6th P.M. ;
p9'.I Y1w1!.PY
— Sections Nineteen (19) , Twenty (20) Twenty-One
'' (21) Twenty-Nine (29) , Thirty-One (31) , Thirtyy-
Two (32) , Thirty-three (33), the North Half (Nt)
of Section Twenty-Eight (20) , the North Half (Ni)
'_ '�•••�"�' of Section Thirty (30) and the Southwest Quarter
(SW}) of Section Thirty (30) all in Township Six
(6) North, Range Sixty-two (62), West of the 6th P.M.;
Sections Twenty-three (23) Twenty-five (25), Twenty-
Six (26), Twenty -Seven (273 , Thirty-three (33) ,
Thirty-Four (34) , -Thirty-five (35) , the South Half of
the Southeast charter (Si SE-D) of Section Twenty-
two (22), the North Half of the Southeast Quarter
(N} SEt) and the East Half of the Southwest Quarter
(E SW}) of Section Twenty-two (22) and the East
Half (Ef) of Section Thirty-one (313, all in Township
• Six North, Range Sixty-three (63) , West of the 6th P.M.
eood516 FAGE628
and in every other parcel or interest in real estate
• belonging to said partnership at the time of the death
of Harry L. Wells, deceased.
This conveyance is to confirm in the said grantee title
to all said undivided interests in property in the grantee here-
under with all the first parties title in the fractional interests
hereby conveyed in and to said property, Id th all its appurtenances
and warrant the title against all persons claiming under the under-
signed, but subject to taxes for 1958 and water assessments fall-
ing due in 1958. It shall be effective as of date January 1, 1458
and is eiecuted by said Executor under said. dill empowering the
Executor so to convey, and by said devisees and legatees as
individuals.
Signed and delivered this kl day of November, A.D.
155b•
1 4
• Elsie Louise Wells,
Katherine Wells Calve
J=ckson B.Wells,
s devisees, legatees and Executor
under the Will of Harry L. Wells,
Deceased.
STATE OF COLORADO )
) SS
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
/' day of November A.D. 1958, by Elsie Louise Wells, Katherine
Wells Calve and Jackson B. Wells, as devisees and legatees and as
EkediltbY of the Will of Harry L. Wells, deceased.
WITNESS my hand and official seal.
My commission expires:
ETC.%emmission expires Dec. 1, 195A_ / ,
tary Public
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B 1055 REC 01995543 01/16/85 16:31 $6.00 1/002
AR1995543 F 1825 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
• ! L\ON ALL MEN BY THESE PRESENTS, That
IA. BRUCE WELLS, a single person, and JACKSON B. WELLS and
d LILIAN M. WELLS, husband and wife •
of the County-of Weld ,and State of Colorado,
for the consideration of TEN AND NO/100ths Dollars, I
I in hand paid,hereby sell and convey to
WELLS RANCH, a Colorado General Partnership !I
32010 Weld County Road #63 II
Gill, Colorado 80624 II
of the County of Weld ,and the State of Colorado, II
I
the following real property,situate in the County of Weld I
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and State of Colorado,to•wit:
SEE EXHIBIT A ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE I
I
1 II
I I
I
I
I
I
I I
I
I
I
I I
(convenience deed, no documentary fee required) Ii
I Signed and deliveredthis 28 day of August , 1984. I�
I�
I lathepresence of 1 it
Iii 1 a03,1„,...a__-&<2.2..g.,--- fSEy] III}
BRUCE WELLS
1/4- ‘felAta941-1B ..1SEAL) II
II AC lXpSO�N B. WEL pS�,
STATE OF COL0RA O, 1
County of aFaQ II.
I
The foregoing instrument was acknowledged before one this 28 day of t II
1a 84 ,by',,A t a Wgu slug son, and Jackson B. Wells, and Lilian I
I
lfy,ittiNgisniko ftiq aD .10 :Witness hand and ofncial seal
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•it!9 natural semen or avocet!intro Insert canto or n o ol.VIP?'irutive ,r of!!clat caoedq or us
toV12:y.io.!ut. Inen inner nanfa of aenan as>veutor. [erney.L.f&ct oe oOhar eaaar doucynt'nn:If b, e:fker f wr.
a No. Son,[Len Infect name of auoh officer or o!f!cen,rat a pr,o cot or nth,'offtttn of euelf Street
Dfalon.rao:du:e
061. 9ARCA:N AND SALE u*£n...Seatotoq Fora.—Bradford Pn6lvhleg Cc..15]4,f Scent Se,ae Drover,Cnlondo—:.at
• B 1055 REC 01995543 01/16/85 16:31 $6.00 2/002
F 1826 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
1. Sections Four (4) , Five (5) , Six (6) , Eight, (8) ,
Nine (9) and the West Half (Wk) of Section Three
(3) , all in Township Five (5) North, Range Sixty-
two (62) , West of the 6th P.M. ;
2. Sections One (1) , Two (2) , Three (3) , Five (5) ,
Eleven (11) , Fourteen (14) , Fifteen (15) , the •
East Half (Eh) and Three-Eighths (3/8) of the
West Half (Wh) of Section Ten (10) , and the North
Half (NO) of Section Twelve (12) , all in Township
Five (5) North, Range Sixty-three (63) , West of
the 6th P.M. ;
3. Sections Nineteen (19) , Twenty (20) , Twenty-One
(21) , Twenty-Nine (29) , Thirty-One (31) , Thirty-
Two (32) , Thirty-three (33) , the North Half (1O1)
of Section Twenty-Eight (28) , the North Half (N1)
of Section Thirty (30) and the Southwest Quarter
(Sigh) of Section Thirty (30) , all in Township Six
(6) North, Range Sixty-two (62) , West of the 6th F.M. ;
• 4. Sections Twenty-three (23) , Twenty-five (25) , Twenty-
Six (26) , Twenty-Seven (27) , Thirty-three (33) ,
Thirty-Four (34) , Thirty-five (35) , the South Half of
the Southeast Quarter (5k5E≤) of Section Twenty-
two (22) , the North Half of the Southeast Quarter
(NhSEa) and the East Half of the Southwest Quarter
EhSW1/4) of Section Twenty-two (22) , and the East
Half (E§) of Section Thirty-one (31) , all in Township
Six North, Range Sixty-three (63) , West of the 6th P.M.
5. The Southwest Quarter (SW,) of Section Twelve (12) ,
in Township Five (5) North, of Range Sixty-three (63) ,
West of the 6th P.M.
6. All of Section 7, in Township 5 North of Range 62 West
of the 6th P.M.
7. The West Half (Wh) of Section (10) , Township Five (5)
North, Rance Sixty-three (63) , West of the 6th P.M.
All of the above located in the county of Weld.
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