HomeMy WebLinkAbout20090614.tiff•
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After recording please return to:
Reutzel & Associates LLC
9145 E. Kenyon Avenue #200
Denver, Colorado 80237
Attn: Jean Gold, Esq.
eRecorded "told County, CO Doc Id: 3521878
12/05/2007 04:26 P Receipt#: 7334376
Page:1 of 6 Total Fee: $117.73
Steve Moreno, Clerk and Recorder
GENERAL WARRANTY DEED
THIS DEED, made this 4th day of December, 2007, between Denny W. Sarchet and
Lavada Sarchet, whose address is 21581 Weld County Road 30, Hudson, State of Colorado, 80642,
grantor, and Prospect Farms II Holdings LLC, a Colorado limited liability company, whose legal
address is 4643 South Ulster Street, Suite 1300, Denver, Colorado, 80237 grantee:
WITNESSETH, that the grantor, for and in consideration of the sum of Eight Hundred Sixty
Seven Thousand Three Hundred Sixty Three Dollars and Twenty Cents ($867,363.20) 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 to the grantee, its, successors and assigns
forever, all of the following described lot(s) or parcel(s) of land situate, lying and being in County of
Weld and State of Colorado, to wit:
See Exhibit B attached hereto and incorporated by this reference
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,
or in anyway appertaining, and the reversion and reversions, remainders, rents, issues and profits and
all of grantor's interest, if any in and to any mineral rights, including gravel rights, and any royalty
interest, and any oil or gas leases, and any surface rights which are owned by Grantor that relate to or
in any way are appurtenant to the Property; 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 same premises above bargained and described, with the
appurtenances, unto the said grantee, its successors and assigns forever. And, grantor, for themselves,
their successors and or assigns, do covenant, grant, bargain and agree to and with the said grantee, its
successors and assigns, that at the time of the signing and delivery of these presents, they 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 lawful authority to grant,
bargain, sell and convey the same in manner of form aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of
whatever kind or nature; except for the matters described on Exhibit A attached hereto and
incorporated herein by reference.
Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the
quiet and peaceable possession of the grantee, its successors and assigns, against all and every person
or persons lawfully claiming or to claim the whole or any part thereof.
122 fib'
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2009-0614
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IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Grantor:
..rs .tcet SCI
Lavada Sarchet
STATE OF COLORADO
COUNTY OFAro.e, ..
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The foregoing instrument was acknowledged before me this gr) day of December, 2007, by
Denny W. Sarchet, an individual.
Witness my hand and official seal.
My commission expires:
(SEAL)
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111
STATE OF COLORADO
COUNTY OF ACo.p03hu.e
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The foregoing instrument was acknowledged before me this3rS day of December, 2007, by
Lavada Sarchet, an individual.
Witness my hand and official seal.
My commission expires:
(SEAL) _
Notary Public
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Exhibit A
to
General Warranty Deed
(Exceptions)
1. Taxes or special assessments for the year 2007, which are not yet due or payable.
2. All water, water rights, or claims thereto, in, on or under the land.
3. Any existing leases or tenancies, and any and all parties claiming by, through or under said
lessees.
4. Rights of way for County Roads 30 feet on either side of Section and Township lines as
established by the Board of County Commissioners for Weld County, recorded October 14,
1889 in Book 86 at Page 273.
5. Mineral Reservations as set forth in United States Patent recorded March 18, 1897 in Book
153 at Page 40.
6. Mineral Reservations as set forth in United States Patent to Union Pacific Railroad recorded
July 9, 1902 in Book 201 at Page 66.
Note: Release and Quitclaim Deed by and between Union Pacific Railroad Company and
Union Pacific Land Resources Corporation recorded December 17, 1998 at Reception No.
2661201.
Note: Request for Notification of Surface Development by RME Land Corp. (formerly
known as Union Pacific Land Resource Company) recorded May 28, 2002 at Reception No.
2955294.
7. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other
minerals, and the right of ingress and egress and regress to prospect for, mine and remove
oil, coal and other minerals, as contained in deed recorded October 2, 1908 at Book 233 at
Page 176, and any and all assignments thereof or interests therein.
Note: Release and Quitclaim Deed by and between Union Pacific Railroad Company and
Union Pacific Land Resources Corporation recorded December 17, 1998 at Reception No.
2661201.
Note: Request for Notification of Surface Development by RME Land Corp. (formerly
known as Union Pacific Land Resource Company) recorded May 28, 2002 at Reception No.
2955294.
8. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American
Petroleum Corporation as Lessee(s) dated November 24, 1970, recorded December 21, 1970
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in Book 637 at Reception No. 1559258, and any and all assignments thereof or interests
therein.
Note: Memorandum of Farmout Contract by and between Amoco Production Company and
Gerrity Oil & Gas Corporation given in connection with above Oil & Gas Lease, recorded
November 2, 1992 in Book 1357 at Reception No. 2309321.
9. Right -of -Way Easement with Panhandle Eastern Pipeline recorded October 17, 1973 in
Book 701 at Reception No. 1623207.
10. Right -of -Way Easement with Panhandle Eastern Pipeline recorded June 21, 1976 in Book
770 at Reception No. 1691731.
11. Notice of general description of area serviced by Panhandle Eastern Pipeline Company
concerning underground facilities recorded June 26, 1986 in Book 1117 at Reception No.
2058722.
12. The effect of the inclusion of the subject property in the Southeast Weld Fire Protection
District, as disclosed by the instrument recorded August 10, 1989 in Book 1240 at Reception
No. 2187899.
13. Notice concerning underground facilities of United Power, Inc., formerly Union Rural
Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No.
2239296.
14. Right -of -Way granted to K N Front Range Gathering Company for the purposes of installing
approximately 1400 feet of pipeline and a gas measurement station, by instrument recorded
December 4, 1992 in Book 1361 at Reception No. 2313323 and at Reception No. 2313324.
15. Terms, conditions, provisions, agreements and obligations specified under the Right of Way
Agreement by and between Denny W. Sarchet, Lavada Sarchet, Roger B. Olsen and Mary E.
Olsen and Swanson & Morris Ltd. and which was recorded December 14, 1992 in Book
1362 at Reception No. 2314492.
Note: Assignment given in connection with the above Agreement unto Snyder Oil
Corporation recorded February 11, 1994 in Book 1426 at Reception No. 2373454.
Note: Assignment of Easements, Right -of -Way and Surface Leases given in connection
with the above Agreement unto ANGC Corporation recorded September 29, 1995 in Book
1513 at Reception No. 2457614.
Note: Ratification of Right -of -Way Agreement recorded August 15, 1996 in Book 1561 at
Reception No. 2506617.
16. Terms, conditions, provisions, agreements and obligations specified under the Memorandum
of Gas Gathering and Processing Contract by and between Snyder Oil Corporation, SOCO
Wattenberg Corporation and ANGC Corporation, which was recorded September 29, 1995
in Book 1513 at Reception No. 2457612.
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• 17. An undivided one-half (1/2) interest in all oil, gas and other minerals as reserved by Richard
E. Harkis and Charlotte L. Harkis in Deed recorded March 3, 1999 at Reception No.
2677396 and July 14, 2003 at Reception No. 3083184, and any and all assignments thereof
or interests therein.
18. Grant of Easement by and between Denny W. Sarchet and Lavada Sarchet and IXC
Communications Services, Inc., for the purpose of installing, constructing, maintaining,
repairing, replacing and operating a telecommunications transmission and incidental
purposes by instrument recorded July 21, 1999 at Reception No. 2708233.
Note: Assignment of Easement unto Broadwing Communications Real Estate Services LLC
recorded January 28, 2003 at Reception No. 3027414.
Note: Partial Assignment of Easements unto AT&T Corp. recorded July 29, 2003 at
Reception No. 3088697.
19. The effect of the Public Service Company of Colorado map, recorded September 8, 1999 at
Reception No. 2719192 USR-1236.
20. Requests for Notification of Surface Development recorded May 28, 2002 at Reception No.
2955294.
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21. Terms, conditions, provisions, agreements and obligations specified under the Petition for
Class D Irrigation Water Allotment Contract, which was recorded November 2, 2005 at
Reception No. 3336946.
22. Terms, conditions, provisions, agreements and obligations specified under the Memorandum
of Agreement (Surface Use Agreement) by and between Denny W. Sarchet and Lavada
Sarchet and Noble Energy Production, Inc., which was recorded August 13, 2007 at
Reception No. 3496747.
23. An easement for vehicle, livestock, bicycles and pedestrian traffic and incidental purposes as
reserved by McCoy Enterprises, Inc., in the Deed recorded July 2, 1974 in Book 718 at
reception No. 1639845.
24. Any rights or interests which may exist or arise by reason of the following facts as set forth
on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated September 1,
2007 revised October 6, 2007 as Job No. 3325 to wit:
a) Any possible right, title or interest related to fence lines and as delineated on said
survey and as noted.
b) Any rights, title or interest related to oil tanks, oil separators, oil smoke stacks,
dirt roads, risers, gas sheds, cattle guards, windmills. Together with the right of
ingress and egress over and across dirt roads as shown on said survey.
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EXHIBIT B
LEGAL DESCRIPTION
THE WEST HALF OF SECTION 5, TOWNSHIP 2 NORTH. RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN.
COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 5, AND CONSIDERING THE NORTH LINE OF
SAID WEST HALF TO BEAR N89°00'37"E, WITH THE NORTHWEST CORNER OF SAID SECTION 5 BEING A 3-1/4"
ALUMINUM CAP STAMPED "PLS 27269" AND THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 5 BEING A 2-1/2" ALUMINUM CAP STAMPED TLS 28656", WITH ALL BEARINGS CONTAINED
HEREIN BEING RELATIVE THERETO;
THENCE N89°00'37"E ALONG THE NORTH LINE OF SAID WEST HALF, A DISTANCE OF 2638.29 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5;
THENCE S00°36'02"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2617.72 FEET
TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5;
THENCE S00°36'02" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A
DISTANCE OF 2623.67 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 5;
THENCE 588°55'59"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2637.26
FEET TO THE SOUTHWEST CORNER OF SAID SECTION 5;
THENCE N00°36'44"W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2625.42 FEET
TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE N00°36'47"W ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 5, A DISTANCE
OF 2619.58 FEET TO THE POINT OF BEGINNING,
COUNTY OF WELD, STATE OF COLORADO.
Legal Description prepared by:
Carroll 8 Lange Inc.
165 South Union Blvd #156
Lakewood, CO 80228
303-980-0200
0 File No.: F212468
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