HomeMy WebLinkAbout20092132.tiffThe 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:
Lot A of Recorded Exemption No. 1311-27-3-RE1796 recorded 3/6/1976 at Reception
No. 2475236 being a part of the W 'A of Section 27, Township 2 North, Range 67 West
of the 6th P.M., Weld County, Colorado,
CONVEYANCES (if none appear, so state):
Reception No. 1435324
Reception No. 1661745
Certificate of Merger
Reception No. 2449181
Reception No. 2476591
Reception No. 2671630
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 COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, COMPANY, has caused this certificate to be signed
by its proper officer this 19th day of March, 2009, at 7:30AM.
North American Title Company of Colorado
Authorized Signature
2009-2132
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L030
I 11111111111111111111 M 111111111111 III 11111 Mei
2671630 02/05/1999 11.17A Weld County CO
1 of 1 R 6 00 D 25 50 JA Suki Tsukamoto
WARRANTY DEED
THIS DEED, Made this 29th day of January, 1999, between
JARED L. GLARDON and RACHEALLE L. GLARDON
of the County of WELD and State of Colorado, grantor, and
DENNIS COYNE and DENISE COYNE
whose legal address is 7746 WCR 19
FORT LUPTON, CO 80621
of the County of WELD and State of Colorado, grantee:
WITNESS, That the grantor, for and in consideration of the sum of $255,000.00 DOLLARS, 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, their heirs and
assigns forever, not in tenancy in common but in joint tenancy, 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:
LOT A OF RECORDED EXEMPTION NO. 1311-27-3-RE1796 RECORDED FEBRUARY 6, 1996, IN BOOR 1531 AT
RECEPTION NO. 2475236, BEING A PART OF THE W1/20F SECTION 27, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
also known by street and number as: 7746 WCR 19, FORT LUPTON, CO, 80621.
TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 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, their 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, their
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 fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, except 1999 taxes due and payable in 2000. Subject
to easements, covenants, restrictions, reservations and right of way of record if any a Patent
recorded in book 20 at page 357; all interest in all oil, gas and/or other minerals as reserved by
Deed recorded August 1, 1995 in book 1504 at Reception no. 2449181;
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet
and peaceable possession of the grantee, their 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 all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
STATE OF COLORADO)
COUNTY OF BOULDER)
The foregoing instrument was acknowledged, subscribed and s
of January, 1999, by JARED L. GLARDON AND RACHEALLE L. GLARDON.
My Commission Expires:
me this 29th day
Witness d and official seal.
LIC
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A112476591
WARRANTY DEED
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THIS DEED, Made this 14th day of February, 1996 between
Darrell L. Beason, Michel S. Bearson, Bradley Beason and Melva M. Bearson
of the County of Weld and
State of Colorado, grantor, and
Jared L. Glardon and Rachealle L. Clardon
whose legal address is 2710 Grinnell Drive, Longmont, Colorado 80503
of the County of Weld and State of Colorado, grantees.
WETNESS that the grantor for and in coesideratfm of the sum of FORT! Fres TNO IAID
NIBS MUM AND 00/100, ($45 900.00) Dollars, the receipt and sufficiency of which is
hereby aebsewledged, has gran{e8, bargained, Meld and caaave ed, and by these presents
does great, bargain, sell, aesysl and costive unto the gqrsaamn their heirs and
assigns forever, not is tenancy is common but in JOINT TW}CI,�all real property,
together with improvements, if any, situate, lying and being in the County of Weld
sad State of Colorado, described as follows;
Lot A of Recorded Exemption No. 1311-27-3-RE1796 recorded February 6, 1996 in Book
1531 as Reception No. 2475236, being a part of the Mel/2 of Section 27, Township 2
North, Range 67 west of the 6th P.M., County of Veld, State of Colorado.
2476591 8-1532 P-464 02/15/96 03:49P PG 1 OF 1 BBC DOC
Weld Canty CD Clerk 6 Recorder 6.00 4.59
also known by street and number as vacant, , Colorado
SUM= with all and singular the hereditamants and appurtenances thereunto
belonging, or in anywise appertaining and the reversion rod reversions, remainder and
reasisders, rents, issues and profits thereof, and all the instate, right, title,
interest, slain and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditament, and appurtenances.
TO RATS AND TO BOLD the said premises above bargained and described, with the
appurtenances, este the grantees, their heirs and assigns forever. And the grantor,
for himself, his bairn and personal repressetatives, does covenant, grant, bargain,
sad agagrseee� to and with the grantees, their heirs and assigns, that at the time of the
easealiag and delivery of these presents, he is well seised of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, is fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and fore aforesaid, and that the sane are
free and clear from all former and other grants, bargains, sales, lieu, taxes,
asents, encumbrances and restrictions of whatever kind or nature seer, except
general taxes for 1996 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND POW= DtFDD the above -bargained premises
in the quiet and peaceable po ion of the grantees, their heirs end assigns, against
all and every person er perseas lawfully clads4 us the whole or any pert thereof.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be ammlicable to all genders.
IN WITNESS war OF the 9r7mtor has executed this deed on thedateset forth above.
tta o 0-024.107 - � , -/.;.-
Darrel L. son
Bradley Beason by Darrell L. Beason ard'"3
as his attorney -in -fact to Aia et.ZZ.c C-"'- Arta'
Michel S. Bearson by Darrell L. Bearson
as his attorney -in -Snot ,/
._.bA4. . -6o-o. colon «
Melva M. Bearson by Darrell L. Baaraon
as her attorney -in -fact
STATE OF COLORADO
}
} ea. The foregoing instrument was acknowledged before ma
County of Weld } this 14th day of February, 1996
by Darrell L. Beareon, Individually and as attorney -in -fact for Michel S. Bearson and
attorney- _ _ Bradley Bearson and attorney -in -fact for Melva M. Pearson
Witness my hand and officio} seal.
My cyisLunion expires
NOTARY PUBLIC
Ait2'r'19�L
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2449181 B-1504 P-360 08/01/95 03:46P PO 1 01,
weld County CO Clerk a Recorder
REC DOC
6.00 9.98
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SPECIAL WARRANTY DEED
MS DEED, is fade effcdve as of the 31st day of My, 1995, bnwem HS Resources, Inc., a Delaware
corporation, a capadm duly a@nized and exiting under aid by virtue of the laws of the State of Delaware,
grantor, and Darrell L Beason, Michel S. Heenan, &allay Steam ad It M Bea Joint Tenants, whose
legal address is 9208 Weld County Hood 25, Fat Ligon, Colorado 80621, grantees.
WIINF. mu That the grantor, for and an cassidassion of the ran of NINETY NINE THOUSAND
SEVEN HUNDRED FIFTY AND OW100 Dollies, (399,750.00) the receipt and sufficiency of wstirh are hereby
acknowledged, has gaoled, bargained, sold arid conveyed, and by tare praats does ®ace, bargain„ sell, convey
and confirm onto the gasses, they Mks, successors and assigns forever, all the real property, together with
imp ir:mmls, if any, si6rekd, yag and being in the Casty of Weld, State of Colorado, deem -bed as follows:
The SW/4 oftteNW/4 and the W/2 oft a SW/4 of Section 27, Township 2 Nash, Range 67 West of die Uh P.M,
County of Weld, State of Colorado.
EXCEPT parcels of lam omveyed by deeds recorded November 29, 1971 in Bock 657 as Reception No. 1579349
and rewnded October 3, 1986 in Barak 1131 as Reception No. 2073085 and recorded July 28. 1995 in Book 1503
Recension No. 2448780.
RESERVING HOWEVER, man grantor, all oil, gas and other mints peaaaly awned by said grantor, if any, in,
an, ads, ipomdtat nay he produced firm said pianists, TOGETHER WITH the rights of ingress and egress
itinerary to explore for, mine am remove such oil, gas and other minerals.
TOGETHER with at am san@dn the hceditmali and appataarka thereto belonging, or in anywise
appertaining, and the revasion and revasiora, rmaimer-and nerranders, rats, Maas and profits thereat and all
the a right, tide, Il aat, claim and damdwMboeva of the grantor, either in law a apdty, of, in and to die
above bargained genies, with the hereditamenb ad appatenaa
TO HAVE AND TO HOIDS said premises above bargained and desaiaed,wilhthe imputarnore,unto
the gates, the lairs, sacessas and assigns forever. The grater, fa itself, is suernsars and assigns does
coat ad--egtee that it shall ad will ant and forever DEFEND the abow6spned premises in the quid
aid peaceable possenS ofthe goatees, their heirs, successors aid assigns, against all mid evayypasm a persons
claiming the whole a any pat thereof by, through a under to grantarbut net otherwise.
IN WITNESS 9/HEREOF, die grata has caused is wpaate a to be haauta subscribed by its
Ataney-n-Fed on to der of the a9mowledganaa below to be effective as oft he day aid year fast above written.
HS RESOURCES, IC
a Delaware corporation
By: linuAd,d9/,r_
P. Michael tigh rn
Po:sidwt
STATE OF COLORADO
an AND
CCAJNIY OF DENVER
The foregoing nemmait was acknowledged bermemethis 31st day of July, 1995, by P. Wheel Hlghan
as President for IS Resoaca, Inc, unchain corporation.
r Witness my hard aid official sal
�'3' .w.avyr„�,.
Jnr m • r
,bff4, iaeiar E�pira:
Cam. ee(lbra
Notary Public
Address: 1999 Broadway, Ste 3600
Denver, CO 80202
klialtrlistpigiSsevemtpled ,avht'mwr aims
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CERTIFICATE OF OWNERSHIP AND MERGER
of
ENERGY MINERALS CORPORATIONigr,.,
(A Colorado Corporation) p fr )}pigS'1
into
HS RESOURCES, INC..p'y riVi1i4:r`z
(A Delaware Corporadon) (0ir gN „4 `50SE- r a$ o, nq
4:&
Pursuant to the provisions of the Delaware General
Corporation Law, HS Resources, Inc., a Delaware corporation
("HSR"), hereby adopts this Certificate of Ownership and Merger
with respect to the merger of Energy Minerals Corporation, a
Colorado corporation ("EMC"), with and into HSR under Section 253
of the Delaware General Corporation Law.
A. HSR owns 100% of the issued and outstanding -
capital stock of EMC.
B. The Agreement and Plan of Merger pursuant to which
EMC shall be merged with and into HSR is attached hereto as
Exhibit A and by this reference incorporated herein. Said
Agreement and Plan of Merger effective August 1, 1994, was
adopted and approved by resolutions of the Board of Directors of
HSR and EMC on the dates set forth in the resolutions, copies of
which are attached hereto as Exhibit B.
Dated October 4 , 1994.
cobs, Secretary
r,
5- ,Jaco•s, Secretary
Cs
G WATAflLLTEADI0NS54
Dar 3. 19% YAP
HSR RESOURCES, INC., a Delaware
corporation
BY /• , Ise
P. Michael 'f'gftum, President
Energy Minerals Corporation, a
Colorado corporation
By: i)Itaiiia
P. Michael
/hum, President
AGREEktastrammatmema
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THIS AGREEMENT AND PLAN OF MERGER ("Agreement"), dated
as of August 1, 1994, provides for the merger of Energy Minerals
Corporation, a Colorado corporation ("EMC"), with and into
HS Resources, Inc., a Delaware corporation ("HSR").
A. EMC is a corporation duly organized and existing
under the laws of the State of Colorado, having an authorized
capital stock of 10,000,000 shares of common stock, $0.10 par
value per share (the "EMC Common Stock").
H. Two Hundred Shares of EMC Common Stock are issued
and outstanding, are owned by HSR and are the only shares of EMC
capital stock issued and outstanding.
C. HSR is a corporation duly organized and existing
under the laws of the State of Delaware.
D. The Hoards of EMC and HSR have determined that it
is advisable and in the best interests of EMC and HSR that EMC
merge with and into HSR, as authorized by the statutes of the
State of Delaware and upon the terms and subject to the
conditions of this Agreement.
E. HSR, the sole shareholder of EMC, has by its
consent as evidenced by resolutions duly adopted, approved this
Agreement and the Boards of Directors of EMC and HSR have, by
resolutions duly adopted, approved this Agreement.
NOW, TEEREHORE, IT IS AGREED am follows:
1. Merger. On the terms set forth in this Agreement
and effective as of August 1, 1994, EMC shall be merged with and
into HSR (the "Merger"), and HSR shall be the surviving
corporation (sometimes hereafter referred to as the "Surviving
Corporation"). The Merger shall take place, effective as of
States of Coloradost 1, 1994, en andll Dela�rents haveebeened filedthe (thea"Filinghe
Date").
2. Governing Documents. The certificate of
Filing Date, shall ration of sbe the R, as lcertificate n effect ml
ofincorporationoofhthe
Surviving Corporation without change or amendment until
thereafter amended in accordance with applicable law. The bylaws
Bunn' A - PAGE 1
of HSR, as in effect immediately prior to the Filing Date, shall
be the bylaws of the Surviving Corporation without change or
amendment until thereafter amended in accordance with applicable
law.
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3. Succession; Officers and Directors. On the Filing
Date, the separate corporate existence of EMC shall. cease and
HSR, as the Surviving Corporation, shall possess all the rights,
privileges, powers and franchises of a public and private nature
and be subject to all the restrictions, disabilities and duties
of EMC. All rights, privileges, powers and franchisee of EMC,
and all property, real, personal and mixed, and all debts due to
EMC on whatever account, as well as for share subscriptions and
all other things belonging to EMC, shall be vested in the
Surviving Corporation; and all property, rights, privileges,
powers and franchises, and all and every other interest shall be
thereafter as effectively the property of the Surviving
Corporation as they were of EMC. The title to any real property
or real estate vested by deed or otherwise in EMC, shall not
revert or be in any way impaired by reason of the Merger; but all
rights of creditors and all liens upon any property of EMC shall
be preserved unimpaired, and all debts, liabilities and duties of
EMC shall thenceforth attach to the Surviving Corporation and may
be enforced against it to the same extent as if such debts,
liabilities and duties had been incurred or contracted by the
Surviving Corporation. The members of the Board of Directors and
the officers of HSR shall be those persons who were members of
the Board of Directors and the officers, respectively, of HSR
immediately prior to the Filing Date of the Merger, and such
persons shall serve in such offices, respectively, for the terms
provided by law or in the Bylaws, or until their respective
successors are elected and qualified. All corporate acts, plans,
policies, agreements, arrangements, approvals and authorizations
of EMC, its shareholders, board of directors and committees
thereof, officers and agents which were valid and effective
immediately prior to the Filing Date, shall be taken for all
purposes as the acts, plans, policies, agreements, arrangements,
approvals and authorizations of HSR and shall be as effective and
binding thereon as the same were with respect to EMC.
4. Further Assurances. From time to time, as and
when required by HSR, or by its successors and assigns, there
shall be executed and delivered on behalf of EMC such deeds and
other instruments, and there shall be taken or caused to be taken
by it all such further and other actions, as shall be appropriate
or necessary in order to vest, perfect or confirm, of record or
otherwise, in HSR the title to and possession of all property,
interests, assets, rights, privileges, immunities, powers,
franchises and authority of EMC, and otherwise to carry out the
purposes of this Agreement, and the officers and directors of HSR
are fully authorized in the name and on behalf of EMC or
otherwise, to take any and all such actions and to execute and
deliver any and all such deeds and other instruments.
EXHIBIT A • PAGE 2
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5. Cancellation of EMC Common Stock in the Merger.
On the Filing Date, by virtue of the Merger, all shares of EMC
Common Stock presently issued and outstanding shall be cancelled
and retired and no shares or securities of HSR shall be issued in
respect thereof.
6. Service of Process. HSR agrees that it may be
served with process in Colorado and in any state in which EMC was
qualified to do business, in any proceeding for enforcement of
any obligation of EMC, or obligation of HSR arising from the
Merger. HSR's address is 1999 Broadway, Suite 3600, Denver, CO 80202.
7. Amendment. Subject to applicable law, this
Agreement may be amended, modified or supplemented at any time
prior to the Filing Date with respect to any of the terms
contained in this Agreement.
8. Termination. At any time prior to the Filing
Date, this Agreement may be terminated and the Merger may be
abandoned by the board of directors of HSR if circumstances arise
which, in the opinion of the board of directors of HSR, make the
Merger inadvisable.
9. Governing Law. This Agreement and the legal
relations between the parties shall be governed by and construed
in accordance with the laws of the State of Delaware.
IN WITNESS WHEREOF, HSR and EMC have caused this
Agreement to be signed by their respective duly authorized
officers as of the date first above written.
1
AT
By:
Ronald B. Uacobs
Secretary
ATTEr
By:
Ronald B,-U400bs
Secretary
HS RESOURCES, INC.
By: T /'/llC/Af(Ll�
P. Michael ($hum, President
ENERGY MINERALS CORPORATION
EGM[r A-PAGB3
hum, President
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EXHIBIT B
HS RESOURCES, INC.
OFFICER'S CERTIFICATE
I, the Secretary of HS Resources, Inc., a Delaware
corporation (the "Corporation"), hereby certify as follows:
1. I am the duly elected and acting Secretary of the
Corporation.
2. Attached hereto is a true and correct copy of the
Resolutions adopted by the Board of Directors of the Corporation
by unanimous written consent, effective August 1, 1994, in
accordance with the By -Laws of the Corporation, authorizing
(i) the consummation of a merger whereby Energy Minerals
Corporation will be merged into the Corporation and (ii) the
amendment and supplement of the Credit Agreement dated March 11,
1993, as amended, Security Agreements and other agreements with
Chase Manhattan Bank, N.A. ("Chase") individually and as agent
for the Banks signatory thereto, including the Mortgage,
Assignment of Production, Security Agreement and Financing
Statement by and between EMC and Chase and financing statements
associated therewith, the Limited Guaranty Agreement between EMC
and Chase, and all other agreements and transactions contemplated
thereby. Such Resolutions have not been amended, repealed or
superseded and remain in full force and effect on the date
hereof.
IN WITNESS WHEREOF, I have executed this Certificate in
my official capacity as of August ]�-3g9{-,mo/1
Ronald Bacobs, Secretary
ECOMT B -PAGE I
Resolutions of the Board of Directors
of HS Resources, Inc,
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EMCB SR MERGER
The undersigned, being all of the elected directors of
HS Resources, Inc., a Delaware corporation ("HER" or the
"Corporation"), acting without notice of a meeting, hereby waive
notice of a meeting and consent to, adopt and vote in favor of
the following resolutions:
WHEREAS, HER owns all of the issued and outstanding
shares of Energy Minerals Corporation, a corporation duly
organized and existing under the laws of the State of Colorado
("EMC"); and
WHEREAS, the Board of HSR, for HSR and as sole
shareholder of EMC, has determined that it is in the best
interests of HER and EMC that EMC be merged with and into HER, as
authorized by the statutes of the State of Delaware_
NOW, THEREFORE, BE IT RESOLVED, that it is advisable
and in the best interests of HSR and EMC that EMC be merged with
and into HSR (the "Merger") on the terms and subject to the
conditions set forth in the Agreement and Plan of Merger in the
form attached hereto as Exhibit 8 (the "Merger Agreement"), by
which action the separate corporate existence of EMC shall cease
and HSR shall be the surviving corporation and shall succeed to
the ownership of all of the assets, have the rights, powers and
privileges and assume all of the obligations of EMC;
FURTHER RESOLVED, that the form, terms and provisions
of the Merger Agreement be and hereby are in all respects
approved; that the Chief Executive Officer, President or any Vice
President of HSR be and hereby is authorized to execute on behalf
of HSR the Merger Agreement, with such changes therein as the
officer executing the same shall deem necessary or appropriate to
effect the Merger, his execution thereof to be conclusive
evidence of the approval of this Board of such changes; and that
the Secretary or the Assistant Secretary of HSR be and each
hereby is authorized to attest to the execution of, and to affix
the corporate seal of HSR to, the Merger Agreement;
FURTHER RESOLVED, that the Chief Executive Officer,
President or any Vice President of HSR be and hereby is
authorized to execute and deliver on behalf of HSR any amendments
to the Merger Agreement which he may deem necessary or
appropriate in order to carry out the purposes of the Merger
Agreement, such execution to be conclusive evidence of the
approval of the Board of such amendment; and that the Secretary
or any Assistant Secretary of HSR be and each hereby is
EXHIBIT 9 - PAOE 2
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Proper Officers
RESOLVED, that for purposes of the foregoing
resolutions the phrase "proper officers" shall include the
Chairman of the Board, the Chief Executive Officer, the
President, any vice President, the secretary and any Assistant
Secretary of the Corporation.
Further Actions
FURTHER RESOLVED, that the proper officers of the
Corporation be, and they hereby are, authorized and directed to
do all other acts, take all other actions and prepare all papers,
instruments and documents in connection thereto which they, in
their sole discretion, deem proper in order to accomplish and
carry out the purposes and intent of the foregoing resolutions,
and any all actions previously carried out in connection herewith
or therewith be, and they hereby are, ratified, confirmed,
approved and adopted as the official acts and deeds of the
Corporation.
Dated October 4 , 1994.
Kenneth A. Hersh, Director
EXHIBIT S . PAGE 3
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EXHIBIT A
AGREEMENT AND PLAN OF MERGER
THIS AGREEMENT AND PLAN OF MERGER ("Agreement"), dated
as of August 1, 1994, provides for the merger of Energy Minerals
Corporation, a Colorado corporation ("EMC"), with and into
HS Resources, Inc., a Delaware corporation ("HSR").
RECITALS
A. EMC is a corporation duly organized and existing
under the laws of the State of Colorado, having an authorized
iZe
capital stock of 10,000,000 shares of common stock, $0.10 p
value per share (the "EMC Common Stock").
B. Two Hundred Shares of EMC Common Stock are issued
and outstanding, are owned by HSR and are the only shares of EMC
capital stock issued and outstanding.
C. HSR is a corporation duly organized and existing
under the laws of the State of Delaware.
D. The Boards of EMC and HSR have determined that it
is advisable and in the beet interests of EMC and HSR that EMC
merge with and into HSR, as authorized by the statutes of the
State of Delaware and upon the terms and subject to the
conditions of this Agreement.
E. HER, the sole shareholder of EMC, has by its
consent as evidenced by resolutions duly adopted, approved this
Agreement and the Boards of Directors of EMC and HSR have, by
resolutions duly adopted, approved this Agreement.
NOW, THEREFORE, IT IS AGREED as follows:
1. Merger. On the terms set forth in this Agreement
and effective as of August 1, 1994, EMC shall be merged with and
into HSR (the "Merger"), and HSR shall be the surviving
corporation (sometimes hereafter referred to as the "Surviving
Corporation"). The Merger shall take place, effective as of
August 1, 1994, when all documents required by the laws of the
States of Colorado and Delaware have been filed (the "Filing
Date").
2. Governing Documents. The certificate of
incorporation of HSR, as in effect immediately prior to the
Filing Date, shall be the certificate of incorporation of the
Surviving Corporation without change or amendment until
thereafter amended in accordance with applicable law.. The bylaws
EUMT B-PAGE4
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of HSR, as in effect immediately prior to the Filing Date, shall
be the bylaws of the Surviving Corporation without change or
amendment until thereafter amended in accordance with applicable
law.
3. Succession; Officers and Directors. On the Filing
Date, the separate corporate existence of EMC shalt. cease and
HSR, as the Surviving corporation, shall possess all the rights,
privileges, powers and franchises of a public and private nature
and be subject to all the restrictions, disabilities and duties
of EMC. All rights, privileges, powers and franchises of EMC,
and all property, real, personal and mixed, and all debts due to
EMC on whatever account, as well as for share subscriptions and
all other things belonging to EMC, shall be vested in the
Surviving Corporation; and all property, rights, privileges,
powers and franchises, and all and every other interest shall be
thereafter as effectively the property of the Surviving
Corporation as they were of EMC. The title to any real property
or real estate vested by deed or otherwise in EMC, shall not
revert or be in any way impaired by reason of the Merger; but all
rights of creditors and all liens upon any property of EMC shall
be preserved unimpaired, and all debts, liabilities and duties of
EMC shall thenceforth attach to the Surviving Corporation and may
be enforced against it to the same extent as if such debts,
liabilities and duties had been incurred or contracted by the
Surviving Corporation. The members of the Board of Directors and
the officers of HSR shall be those persons who were members of
the Board of Directors and the officers, respectively, of HSR
immediately prior to the Filing Date of the Merger, and such
persons shall serve in such offices, respectively, for the terms
provided by law or in the Bylaws, or until their respective
successors are elected and qualified. All corporate acts, plans,
policies, agreements, arrangements, approvals and authorizations
of EMC, its shareholders, board of directors and committees
thereof, officers and agents which were valid and effective
immediately prior to the Filing Date, shall be taken for all
purposes as the acts, plans, policies, agreements, arrangements,
approvals and authorizations of HSR and shall be as effective and
binding thereon as the same were with respect to EMC.
4. Further Assurances. Prom time to time, as and
when required by HSR, or by its successors and assigns, there
shall be executed and delivered on behalf of EMC such deeds and
other instruments, and there shall be taken or caused to be taken
by it all such further and other actions, as shall be appropriate
or necessary in order to vest, perfect or confirm, of record or
otherwise, in HSR the title to and possession of all property,
interests, assets, rights, privileges, immunities, powers,
franchises and authority of EMC, and otherwise to carry out the
purposes of this Agreement, and the officers and directors of HSR
are fully authorized in the name and on behalf of EMC or
otherwise, to take any and all such actions and to execute and
deliver any and all such deeds and other instruments.
EXRIBfl'B-PAGES
•
•
•
5. Cancellation of EMC Common Stock in the Merger.
on the Filing Date, by virtue of the Merger, all shares of EMC
Common Stock presently issued and outstanding shall be cancelled
and retired and no shares or securities of HSR shall be issued in
respect thereof.
6. Service of Process. HSR agrees that: it may be
served with process in Colorado and
any
state
einowhichnEofwas
qualified to do business, in any proceeding tat
any obligation of EMC, or obligation of HSR arising from the
Merger.
7. Amendment. Subject to applicable law, this
Agreement may be amended, modified or supplemented at any time
prior to the Filing Date with respect to any of the terms
contained in this Agreement.
8. Termination. At any time prior to the Filing
Date, this Agreement may be terminated and the Merger may be
abandoned by the board of directors of HSR if circumstances
which, in the opinion of the board of directors of HSR, make
Merger inadvisable.
9. Governing Law. This Agreement and the legal
reeen lhe ations
lawsof parties
shall bthe Stateof Delaware.
overned by and construed
inaccordancewiththe
IN WITNESS WHEREOF, HSR and EMC have caused this
Agreement to be signed by their respective duly authorized
officers as of the date first above written.
1
ATVs± /3
By: .)!�
Ronald B ;,cobs
Secretary \
v
By: Ronald $-1 JJacobs
Secretary ti
HS RESOURCES, INC.
ENERGY MINERALS CORPORATION
hum, President
kifand _
By: P. Michael ghum, President
Madan B - PAGE 6
EX►ilRIT $
•
•
•
CERTIFICATE OF OWNERSHIP AND MERGER
of
ENERGY MINERALS CORPORATION..
(A Colorado Corporation)
into
HS RESOURCES, INC.
(A Delaware Corporation)
Pursuant to the provisions of the Delaware General
Corporation Law, HS Resources, Inc., a Delaware corporation
("HSR"), hereby adopts this Certificate of Ownership and Merger
with respect to the merger of Energy Minerals Corporation, a
Colorado corporation ("EMC"), with and into HSR under Section 253
of the Delaware General Corporation Law.
A. HSR owns 100% of the issued and outstanding
capital stock of EMC.
B. The Agreement and Plan of Merger pursuant to which
EMC shall be merged with and into HSR is attached hereto as
Exhibit A and by this reference incorporated herein. Said
Agreement and Plan of Merger effective August 1, 1994, was
adopted and approved by resolutions of the Board of Directors of
HSR and EMC on the dates set firth in the resolutions, copies of
which are attached hereto as Exhibit B.
Dated
ATTEptT( -
By:
Ortnhar 4 , 1994.
Ronald B..obs,
1
ATTE�Tr"�'�y
By:
Secretary
HSR RESOURCES, INC., a Delaware
corporation
By: AlP. Mic
um, President
Energy Minerals Corporation, a
Colorado corporation
Rona d B.'acoba, Secretary Pr Michaeghum, President
EXHIBIT B - PAGE 7
ENERGY MINERALS CORPORATION
OFFICER'S CERTIFICATE
•
I, the Secretary of Energy Minerals Corporation, a
Colorado corporation (the "Corporation"), hereby certify as
follows:
1. I am the duly elected and acting Secretary of the
Corporation.
2. Attached hereto is a true and correct copy of the
Resolutions adopted by the Board of Directors of the Corporation
by unanimous written consent effective August 1, 1994, in
accordance with the By -Laws of the Corporation, authorizing the
consummation of a merger whereby Energy Minerals Corporation will
be merged with and into RS Resources, Inc. a Delaware
Corporation. Such Resolutions have not been amended, repealed or
superseded and remain in full force and effect on the date
hereof.
f
IN WITNESS WHEREOF, I have executedjthis Certificate in
my official capacity as of August k, L•T•� k' t
•
•
Ronald B. :acobs, Secretary
/y
EXHIBIT B- PAGE
•
•
•
Action Upm Unanimous writtenCoosmt
of the Board of Directors of
Energy Minerals Corporation
The undersigned, being all of the elected directors of
Energy Minerals Corporation, a Colorado corporation ("EMC" or the
"Corporation"), acting without notice or a meeting, hereby waive
notice of a meeting and consent to, adopt and vote in favor of
the following resolutions:
NOW, THEREFORE, BE IT RESOLVED, that, after review of
that certain Agreement and Plan of Merger by which EMC is merged
into HS Resources, Inc., a Delaware corporation ("HSRI"), a copy
of which is attached as Exhibit A (the "Agreement"), it is
advisable and in the best interests of EMC to be merged with and
into HSRI (the "Merger") on the terms and subject to the
conditions set forth in the Agreement, by which action the
separate corporate existence of EMC shall cease and HSRI shall be
the surviving corporation and shall sudto ato the
ehipd f
all of the assets, have the rights, powers privileges
assume all of the obligations of EMC;
FURTHER RESOLVED, that the form, terms and provisions
of the Agreement be and hereby are in all respects approved; that
the President or any Vice President of EMC be and hereby is
authorized to execute on behalf of EMC the Agreement, his
execution thereof to be conclusive evidence of the approval of
this Board of the Merger; and that the Secretary or the Assistant
Secretary of EMC be and each hereby is authorized to attest to
the execution of, and to affix the corporate seal of EMC to the
Agreement;
FURTHER RESOLVED, that the directors and officers of
EMC are authorized and directed to execute any documents and to
perform any other acts on the Corporation's behalf that any such
officer or director deems appropriate to carry out fully the
Merger and the foregoing resolutions.
Dated October 4 , 1994.
O?DATA\PUB WCZICADIOJ 1163
October 4. 1994 11:34on
Nichola
P. Michael
Ct.
Sutto
, Jr., Director
m, Director
s E. Duffy, Director
EAH®tr B-PAGE9
EXHIBIT A
•
•
•
AGREEMENT AND PLAN OF MERGES
THIS AGREEMENT AND PLAN OF MERGER ("Agreement"), dated
as of August 1, 1994, provides for the merger of Energy Minerals
Corporation, a Colorado corporation ("EMC"), with and into
HS Resources, Inc., a Delaware corporation ("HSR").
RECITALS
A. EMC is a corporation duly organized and existing
under the laws of the State of Colorado, having an authorized
capital stock of 10,000,000 shares of common stock, $0.10 par
value per share (the "EMC Common Stock").
B. Two Hundred Shares of EMC Common Stock are issued
and outstanding, are owned by HSR and are the only shares of EMC
capital stock issued and outstanding.
C. HSR is a corporation duly organized and existing
under the laws of the State of Delaware.
D. The Boards of EMC and HSR have determined that it
is advisable and in the best interests of EMC and HSR that EMC
merge with and into HSR, as authorized by the statutes of the
State of Delaware and upon the terms and subject to the
conditions of this Agreement.
E. HSR, the sole shareholder of EMC, has by its
consent as evidenced by resolutions duly adopted, approved this
Agreement and the Boards of Directors of EMC and HSR have, by
resolutions duly adopted, approved this Agreement.
ARETSISENI
NON, THEREFORE, IT IS AGREED as follows:
1. Merger. On the terms set forth in this Agreement
and effective as of August 1, 1994, EMC shall be merged with and
into HSR (the "Merger"), and HSR shall be the surviving
corporation (sometimes hereafter referred to as the "Surviving
Corporation"). The Merger shall take place, effective as of
August 1, 1994, when all documents required by the laws of the
States of Colorado and Delaware have been filed (the "Filing
Date").
2. Governing Documents. The certificate of
incorporation of HSR, as in effect immediately prior to the
Filing Date, shall be the certificate of incorporation of the
Surviving Corporation without change or amendment until
thereafter amended in accordance with applicable law. The bylaws
BERME B • PAGE 10
•
•
•
of HSR, as in effect immediately prior to the Filing Date, shall
be the bylaws of the Surviving Corporation without change or
amendment until thereafter amended in accordance with applicable
law.
3. Succession, Officers and Directors. On the Filing
Date, the separate corporate existence of EMC shall. cease and
HSR, as the Surviving Corporation, shall possess all the rights,
privileges, powers and franchises of a public and private nature
and be subject to all the restrictions, disabilities and duties
of EMC. All rights, privileges, powers and franchises of EMC,
and all property, real, personal and mixed, and all debts due to
EMC on whatever account, as well as for share subscriptions and
all other things belonging to EMC, shall be vested in the
Surviving Corporation; and all property, rights, privileges,
powers and franchises, and all and every other interest shall be
thereafter as effectively the property of the Surviving
Corporation as they were of EMC. The title to any real property
or real estate vested by deed or otherwise in EMC, shall not
revert or be in any way impaired by reason of the Merger; but all
rights of creditors and all liens upon any property of EMC shall
be preserved unimpaired, and all debts, liabilities and duties of
EMC shall thenceforth attach to the Surviving Corporation and may
be enforced against it to the same extent as if such debts,
liabilities and duties had been incurred or contracted by the
Surviving Corporation. The members of the Board of Directors and
the officers of HSR shall be those persons who were members of
the Board of Directors and the officers, respectively, of HSR
immediately prior to the Filing Date of the Merger, and such
persons shall serve in such offices, respectively, for the terms
provided by law or in the Bylaws, or until their respective
successors are elected and qualified. All corporate acts, plans,
policies, agreements, arrangements, approvals and authorizations
of EMC, its shareholders, board of directors and committees
thereof, officers and agents which were valid and effective
immediately prior to the Filing Date, shall be taken for all
purposes as the acts, plans, policies, agreements, arrangements,
approvals and authorizations of HSR and shall be as effective and
binding thereon as the same were with respect to EMC.
4. Further Assurances. From time to time, as and
when required by HSR, or by its successors and assigns, there
shall be executed and delivered on behalf of EMC such deeds and
other instruments, and there shall be taken or caused to be taken
by it all such further and other actions, as shall be appropriate
or necessary in order to vest, perfect or confirm, of record or
otherwise, in HSR the title to and possession of all property,
interests, assets, rights, privileges, immunities, powers,
franchises and authority of EMC, and otherwise to carry out the
purposes of this Agreement, and the officers and directors of HSR
are fully authorized in the name and on behalf of EMC or
otherwise, to take any and all such actions and to execute and
deliver any and all such deeds and other instruments.
EXHmTT B - PAGE I I
•
•
•
5. Cancellation of EMC Common Stock in the Merger.
On the Filing Date, by virtue of the Merger, all shares of EMC
Common Stock presently issued and outstanding shall be cancelled
and retired and no shares or securities of HSR shall be issued in
respect thereof.
6. Service of Process. HSR agrees that. it may be
served with process in Colorado and in any state in which EMC was
qualified to do business, in any proceeding for enforcement of
any obligation of EMC, or obligation of HSR arising from the
Merger.
7. Amendment. Subject to applicable law, this
Agreement may be amended, modified or supplemented at any time
prior to the Filing Date with respect to any of the terms
contained in this Agreement.
8. Termination. At any time prior to the Filing
Date, this Agreement may be terminated and the Merger may be
abandoned by the board of directors of HSR if circumstances arise
which, in the opinion of the board of directors of HSR, make the
Merger inadvisable.
9. Governing Law. This Agreement and the legal
relations between the parties shall be governed by and construed
in accordance with the laws of the State of Delaware.
IN WITNESS WHEREOF, HSR and EMC have caused this
Agreement to be signed by their respective duly authorized
officers as of the date first above written.
AT EEr9T—
By:
1
Ronald B. OES
Secretary
ATTEeir:i
i
Hy:
Ronald B.Adcobs
Secretary V
HS RESOURCES, INC.
ghum, President
ENERGY MINERALS CORPORATION
By: le44409�
P. Michael/iJfighum, President
BRH1BTT 8 - PAGE 12
MERGER R3 CONSOLIDATION
CANCELLATION OF• C
TED PARTNERSHIP DUE TO MERGER .
DOMESTIC FOREIGN PROFIT
•
NONPROFIT
•
MERGER/941119862
ENERGY MINERALS CORPORATION (DP871207757)
COLORADO CORPORATION
INTO
HS RESOURCES, INC. (FP881109124)
DELAWARE CORPORATION
THE SURVIVOR
•
•
•
•
•
•
W
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no
o
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61 0VON AiNf O0 013M
,.,a —
•
•
•
Soot • •
'-� ow —e .M _ JUN : y9 1875
740 E.apden Ne_. 6614,2 & La snrra . —Smarder.
,1
True DEED Made this z .. J dad 1. // note .
is 75 bemoan MARTIN T. HART and NADINE M. HART,
wife of Martin T. Hart, oft'
City and County at Denver sad Mate ofClo-
ado, of the first perk ad
ENERGY MINERALS CORPORATION,
agreed sad
edatlag seder and by virtue of the laws of she Stay of Colorado
of the 'woad yet:
WyylyggmE. Tat to said parties of to fat part, for and Is cmddeston of the stn of
One Hundred Dollars and other good and valuable consideration,
to the mid party of the that part in band *paid by the said party of the second part, the receipt whereof is
hereby eodaad and elmowldyed, b�te grated. b'gdoed, soli and conveyed. and t these Manta do
great, begain, mE, convey ad confine, veto the sail party of the second pert, lb mason and sedges forever,
cep at the following described lot or parcel d lad, Stoat., yfng sod being In tee
County of Held .ad Slated Colorado, to wt:
(For description of property conveyed, see Exhibit "A'
attached hereto and incorporated herein by this reference
thereto).
RECORDf'S STAMP
Brae Documentory Fee
Die JUN - 3 1975
a 94 sD�
TOGETHER with ER and denim the berdlbaunb ad ayurtmanas thareunte almgies or in angel'
apparbbbg, and the mreska and amnions, rrmalader ad remaiders, rant, lass' and indite theads and all
the aabb, right, tit* bt'sts claim ad dammed whatsoever of the said part lee albs first pat, ether in law
or equity, of, In and to the above bargained tweeds, with the heeNymaeb and appebemees.
TO RAVE AND TO HOLD the add prsmisss above b.rpbed and deaealbed, with the yyargea'a, =to the
said party of the part it. eoa'sors ad ard &sagas far'. Athe sad parties of ea first park for
them saves , V 16iraembey end adeddWhamss, do arunat rant, bargain see agree to and with
the said party of to mind part, Ern eaeassom ad adgm, that at the S. of the emmling ad delivery of
tom presents, they aretdl seised d the prowls above e.,yd, as of good, me, perfect, absolute wad
indefensible Mete d bbeetanss, to law, b fee Mph, and he NW gad right, full power sad lawful matboity to
mat, beogabt, tan end Mara the same In meow sad form ss dorsddt and that the am ate free and dear from
all farmer and other grants, bargains, saW, liens, bans, asn®eets ad eneambm.ea of whatever kind or More
soave, (Sea Exhibit A' attached hereto and incorporated herein by
this reference thereto)
and the above bargained prmiw Is the quiet ad pmesfd possession of to aid part' of to paced part, lb
swam ad edge, aren't all ad every pm® or parses lawfully claiming or to claim the whole or any pert
thereof, to aid perttesof the fist part f ru at will WARRANT AND FOREVER DEFEND.
IN WLTNE08 WHEEHDF, The said part kept the test part a ye hereunto est theiland s
ad snag to des and Year flet shove written.
Signed, reeled ad Delivered b be Presses of
Yfi tMATE OF COLORADO,
•.•. . , " County of
Jan
__ LSSAL.7
Hart
,�i�
fie i: t, w -51--
Martin T. Hart _—[SEAL]
won aeaewlalgd lain' a . thla des of
it t T. Hart and Nadine M. Hart, wife o£ Martin T. Hart.
SitedAles ApR%' .77. /917
.pd official meal. .7 • 7 "
• Nj-Sf
*ma Pale
Na lit WAII&trty ! l• mvoeafes-Pve ynwsm,.Ya
-Snarl !Shaft aA term are a seat, oar, Oda -2-71
I.
tit
•
19
• •
744 1661742
44-R
•
•
•
EXHIBIT "A"
.TO WARRANTY DEED DATED THE 2a,..04 DAY OF r/ H r e ,
1975, FROM MARTIN T. HART AND NADINE M. HART, WIFE
OF MARTIN T. -HART, PARTIES OF THE FIRST PART, TO
ENERGY MINERALS CORPORATION, A COLORADO CORPORATION,
PARTY OF THE SECOND PART.
Parcel lc The Northwest Quarter and the North Half of the
Southwest Quarter of Section 26, Township 2 North, Range 67
West of the 6th P. M. EXCEPTING THEREFROM that portion
described as follows:
Commencing. at the Southwest corner of said Southwest Quarter;
thence North along the' West line of said Southwest Quarter
a distance of 1320.00 feet to the true point of beginning;
thence continuing North along said West line a distance of
660.00 feet; thence East on an angle to the right 90° a
distance of 660.00 feet; thence South on an angle to
the right.90° a distance of 660.00 feet; thence West on an
angle to the right 90° a distance. of 660.00 feet to the true
pointof beginning. ALSO EXCEPTING THEREFROM that parcel
of land described in book. 589, Reception No. 1511464.
Parcel.2: The Northeast Quarter, the Northwest Quarter and
the Southwest Quarter of Section 27, Township 2 North, Range
67 West of the 6th P.M. EXCEPTING THEREFROM that portion
described as follows:
A parcel of land in the Southwest Quarter of'said Section
27; and described as follows: Commencing at the Southwest
corner of said Section 27; thence running Northerly along
the West line of said Section 27, 1107 feet to the true
point of beginning; thence at right angles East, 300 feet;
thence at right angles South 510 feet; thence at right angles
West, 300 feet to a point on said West line of Section 27;
thence Northerly along said West line of Section 27, 510 feet
to said true point of beginning. Except the West 60 feet
thereof. ALSO EXCEPTING THEREFROM that portion described
as follows:
A parcel of land in the Southeast Quarter of the Northeast
Quarter of said Section 27, described as follows: Beginning
at. the East Quarter corner of said Section 27, thence Northerly
along the East line of said Section 27, 690 feet to the true'
point of beginning; thence Westerly, parallel to the South
line of said Northeast Quarter of Section 27, 662 feet; thence
Southerly, parallel to the East line of said Section 27,
245.3 feet; thence Easterly, parallel to the North line of
said parcel of land, 662 feet to a point on the East line of
said Section 27; thence Northerly, along the East line of
said Section 27, 245.3 feet to said true point of beginning.
Except the East 30 feet thereof. ALSO EXCEPTING THEREFROM
that portion described as follows:
A parcel of land in the Southeast Quarter of the Northeast
Quarter of Section 27, described as follows: Beginning at
the East Quarter corner of said Section 27; thence Westerly
along the South line of the Northeast Quarter of said Section
27, 662 feet; thence Northerly parallel to the East line of
said Section 27, 444.7 feet; thence Easterly, parallel with
the South line of said parcel of land 662 feet to a point on
the East line of said Section 27; thence Southerly along the
East line of said Section 27, 444.7 feet to said true point
of beginning. Except the East 30 feet thereof. ALSO EXCEPT-
ING THEREFROM that portion described as follows:
Bax
7'40
• •
1661741
4-3
•
•
•
Page 2 of Exhibit "A" to Warranty Deed.
A parcel of land in the Southwest Quarter of said Section
27, described as follows: A parcel of land commencing at
the Southwest corner of said Section 27; thence running
Northerly along the West line of said Section 27, 1107
feet; thence at right angles East, 300 feet to the true
point of beginning; thence continuing East, 202.23 feet;
thence at right angles South parallel to the West line of
said Section 27, 1077 feet; thence West parallel to the
South line of said Section 27, a distance of 202.23 feet;
thence North parallel to the West line of said Section 27,
a distance of 1077 feet to said true point of beginning.
ALSO EXCEPTING from said Section 27, all mineral lands,
should any be found, but this shall not be construed to
include "coal and iron land", as reserved in the United
States Patent recorded March 3, 1882 in book 20, page 357.
ALSO EXCEPTING from the West Half of the Northwest_Quarter
of said Section27, and the West Half of the East Half of
the Northwest Quarter of said Section 27, all coal, oil,
petroleum products, and other minerals within or underlying
said land together with the right to prospect for and remove
same and the right of ingress, egress and regress upon and
use of so much of said land as may be convenient and necessary
for operation of such prospect places, mines, wells, pipelines
and roads, as are proper for the enjoyment of said reserva-
tions, as reserved in deed from Louva C. Jeffers, recorded
May 17, 1945 in book 1154, page 558.
Parcel 3: The Northwest Quarter, the North Half of the
Southwest Quarter and the South Half of the Northeast Quarter
of Section 28, Township 2 North, Range 67 West of the 6th
P.M. EXCEPTING THEREFROM the East 1487.41 feet of the North
Half of the South Half of the Northeast Quarter of said
Section 28. ALSO EXCEPTING THEREFROM a strip of land 55
feet in width, extending 30 feet to the right and 25 feet
to the left of the center line of the Bull Canal, said
center line passing through the points of traverse line
hereinafter described, and varying not more than 8 feet
from the lines connecting the points of said traverse line,
said traverse line being described as follows: Beginning
at a point on the South line of the Northwest Quarter of said
Section 28, 2930 feet West of the East line of said Section
28, said point being designated as Station 1032 + 85; thence
North 45°24' East, 115 feet to Station 1034 + 00; thence
North 27°04' East, 296.7 feet to Station 1037 + 00; thence
North 16°57' East, 299.2 feet to Station 1040 + 00; thence
North 3°59' West, 297.5 feet to Station 1045 + 00; thence
North 4°58' East, 153 feet to Station 1044 + 53, said Station
1044 + 53 being a point on the East line of the Northwest
Quarter of said Section 28, said point being 1470 feet more
or less South of the North line of said Section 28, as conveyed
to the Farmers. Reservoir and Irrigation Company, by deed
recorded October 30, 1909 in book 311, page 410. ALSO
EXCEPTING THEREFROM a strip of land 55 feet in width, extend-
ing 30 feet to the right and 25 feet to the left of the
center line of the Bull Canal, said center line passing
through the points of traverse line hereinafter described,
and varying not more than 8 feet from the lines connecting
the points of said traverse line, said traverse line being
• •
740
1661741
4-4
•
•
•
described as follows: Beginning at a point on the south line
of the North Half of the Southwest Quarter of said Section
28, 1350 feet East of the West line of said Section 28, said
point being designated as Station 1016 + 00; thence North
13°28' East, 305 feet to Station 1018 + 50; thence North
36°53' East, 499.9 feet to Station 1023 + 50; thence North
40°46' East, 50 feet to Station 1024 + 00; thence North
45°24' East, 885 feet to Station 1032 + 85, said Station
1032 + 85 being a point on the North line of the North Half
of the Southwest Quarter of said Section 28, 2930 feet West
of the East line of said Section 28, as conveyed to the
Farmers Reservoir and Irrigation Company by deed recorded
July 9, 1917 in book 478, page 427.
This conveyance is made subject to all leases, agreements,
covenants, reservations, restrictions, easements and encum-
brances of record, but expressly covers and includes, effective
as of April 1, 1975 at 7:00 A.M., any and all oil, gas and
mineral rights owned or claimed by party of the first part of
every nature whatsoever, inclusive of (but not limited to) all
of said party's interests in oil and gas leases, pooling agree-
ments, communitization agreements, division and transfer orders
embracing or affecting any or all of said premises.
This conveyance is further expressly made subject to that
certain mortgage dated May 21, 1974, executed by Martin T. Hart
and Nadine M. Hart, mortgagor, in favor of the Travelers
Insurance Company, a Connecticut corporation, mortgagee,
to secure an indebtedness of $450,000, recorded May 24,
1974, in Book 715, Reception No. 1637249, records of the
Clerk and Recorder of Weld County, Colorado, said mortgage
indebtedness being further secured by assignment recorded
May 24, 1974, in Book 715, Reception No. 1837250, records
of the Clerk and Recorder of Weld County, Colorado. Further,
party of the second part hereby assumes and agrees to pay all
1975 and subsequent real property taxes and assessments.
C76,Yr5`
v -
M4Y 4 _
513 a, /7-41... 1964
ice,#. wusanr n --n t rw..-wkswr..rerunban.
DEEd, Made the / sr day ef AlAy in the par of ear Loth
gas thousand nine hundred sod sixty-four newel
-- JAMES W. PRICE, ZEAI2ER PRICE,ROBERT S. PRICE
r
the and T1F Aa PRICE, and EMU d Colorado, of the that part. and
MARTIN T. HART
'et the County of Boulder to State of Colored& of the mend pert!.
WITESSgffH, That the said part lee of the first put, for and In rwdtesWm of the sea of
One Hundred Dollars and other good and valuable consideration
to the said parties of the that part In hand paid by the said party of the second part, the
rsaipt whereof is hereby esefeserl and aelmowbdgsd, have granted, bergdes 1, Geld and conveyed,
e nd by thew presents de grant, bargain, sell, Annoy end aodirr, ants the add pony of the
e mend pert, his heirs and mire forever, all t e followbig described lot
d land, sheath, lying and being in the County of Weld
of Colorado, to -wt:
The Northeast Quarter and the Northwest Quarter and
the Southwest Quarter of Section 27, Township 2 North,
Range 67 West of the. 6th P.M.., together with all inn-
provements thereon and all water, water rights, irriga-
tion ditches and irrigation ditch rights of every kind and
description thereon or appurtenant thereto, including
specifically fifty-five (5,5)"sharea of the capital stock -- - -
of the Farmers Reservoir,and Irrigation Company, and
two (Z) Foothills Water District domestic water taps,
excepting therefrom, however, minerals and mineral
rights excepted and reserved in that deed of record in
Book 1154 at Page 558 of the Weld County, Colorado,
records, and also excepting therefrom any other mindral
and mineral rights excepted and reserved of record4
and also excepting therefrom 4aegmoute and rightsbf
way of record.
TOGETHER with all sad Nagalar the ffidltmodi. .,�, y.I .Pn� . .. rm cote beloegln& or in anywise
appertaining, end the reversion and reversions, reminder and ranainders, netts, limns, and Fronts thereof; end
all the estate, right, interest, claim and, demand whatsoever of the aid pert ie s of the first part, either in
law or equity, of, In and to the shore bargained premises, with the hereditament, and appurtenance&
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurm,mnces unto
the said party of the second part, his heirs and assigns forever. And the said part ie a
of the first pert, for them elves, their heirs, eeeotan, and adndnistraton, do covenant,
. areal, McFdn ad epee to end with the said party of the second part, his ban and assigns,
that atble yore of the sensible and delivery of these pants they are wall asked of the
'tkeeiyeo rhea conveyed, as of good, are, perfect, absolute red indefeasible estate of inheritance, in law, in fee
.. Dlopiefant have Wed right, full power and lawful authority to pant, barWn, null sad convey the same In
• .4fimter anti form as aforesaid, and that the same an free and clear from all former and ether pants, bargains,
mien ircaree, aseesemnts end eeousibranaas of whatever kind or nature soeven except general real
r 1.r6gerty taxes for the year 1964, due and payable in the year 1965, which the
I.� party of the second part assumes and agrees to pat,
and the above bargained premiere in tr • quiet and peaceable passim of the said part y of the
sand Pert, lute helm (insigne, against all sad every person or persons lawfully Helloing or to
claim the whole or any part: thereof, the said part lee of the first part shall sad will WARRANT AND
FOREVER DEFEND.
IN WITNESS WHEREOF, The paid part lee of the that part have hereunto set their
bads and seal a the day and year first above written.
Signed, Sealed and Delivered in the Preece
,q
1z& Rc.J Or' 4—r(
W
W. P CEAA-
F.._.___.._I8EAL1
•
CV
S
•
•
STATE OF COLORADO,
Gruy A. NoLLEu6EcK.
xN �J' trWQ.-dorms- Oefl lathe State aform i, do hardy oar l
at
?gi4E APP ZEPA.e6R ?RALE
N�4
1d 1•. d' uµ
♦ p,,r"sep.RV f'I�•..
:I t.RY
n t same a.d for the ms end roam therein set troth.
-111 P 1'`,.,d,:cee, yowl and ads' sat, tab - 1 sr. der of..... MRS/
,�� F, rrlikanw'iliiall�- expires- i cute ! a Wes I•RL 25.10' A• D. 19 .
STATE OF COLORADO ) G��u -d-•• '�`j _—.-es
) se.
COUNTY OF S )
�4� _ , a Notary Publt�, and or,=a
I •�
County, in a - o - ea • , • o � erebY certify that
who personal' . own to me to be the person
the foregoing Deed, appeared before me this day in person and a _
signed, sealed and delivered the said instrument of writing as r� O
act and deed for the noes and purposes therein set forth
Given under my hand and offtoial seal, this j0Zday of
My Commission expires:
My commbsle:a rats November 19. 1954 STATE OF ADO )
) sd. Note a
COUNTY OF 5 . .
I _ ��.. : Ito_ a Notary Pub ' in and.for sai
County, e a e , •,yj at •, a -,se •�' certify ..that7�� a
who pereanally to rise to be a person ee na s ••-4 t6
•
the foregoing Deed, a • • - ared before me this day in person and acknowledged that
signed sealed and delivered the same instrument of writing as free and , Ulphsntifry
act and deed for the uses and purposes therein set �fl••p`•C,
Given under my hand -and official seal,Y ofC2 pv0,
My Commission expires. /j no' `7f7e, :v.'
• • Non Pone I. sedan
. AMC s W
who ACE Deee�b known to no to be the
t. where tees ARO. aabeerlbed to the fenpae Deed, appeard baton a. this day to person end
r
4 ie t Tres eland, stealth end dethroned the said imGomwt of wnm➢ 5 :Yfe v
•N" 1
A D.1964 .
410
.?ellmtary
_r4
�1':;D. 1964.1
blot\. J y
My Commiulx. aeons November It 1*
Hello