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HomeMy WebLinkAbout2009024611111 1113 111111 111111 IIII 11111111 IN I I I ►►III III 1 0l 3325613 R 11 00 00 I) 110.50 Steve Moren12.30P Weld o Clerk & Recorder WARRANTY DEED THIS DEED, Made this 15th day of September, 2005 between Dalton Land Company, Inc, A Colorado Corporation of the County of Weld, State of Colorado, grantor and n _✓ Rusco Land & Cattle, LLC, A Colorado Limited Liability Company F'^ whose legal address is:,Ault, CO80610,QDCON 5( • 4a f1 to 11)6/V of the County of Weld, State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of One Million One Hundred Five Thousand Dollars and NO/ 100's ($1,105,000.00) 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 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: See Exhibit A attached hereto and made a part hereof also known by street and number as 37905 WCR 35, Eaton, CO 80615 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, 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 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, encumbrances and restrictions of whatever kind or nature soever, except all taxes and ansectments 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 Documents accepted by Buyer in accordance with section 8a "Title Review", of the contract dated 4/19/2005, between the parties. GRANTOR HEREBY RESERVES ALL 2005 GROWING CROPS The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peareable 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 all genders. Di WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SELLER: Dalton Land Company, Inc., A Colorado Corporation _ /1roe 1 D. Dalton, Presidly STATE OF COLORADO COUNTY OF Weld )SS: The foregoing instrument was acknowledged before me this 15 y of September, 2005 by James D. Dalton as President Dalton Land Company, Inc, A Colorado oration Notary ic Witness my hand and official seal. My Commission expires: 7/15/09 WDPHOTO W artvny Deed (For Photographic Record) R1(Ir"4v/+Lr tR NOTARY PUBLIC STATE OF COLORADO 144emroasmasaumJuy.15 2009 Security Title File No. 50055975 S - t ,2O:)(1- C 94 1 111111 1111 1 11111111111 I I I I I I I I I 11111111 ill III 1111 3325613 09123/2005 12:30P Weld County, CO 2 of 2 R 11.00 D 110.50 Steve Moreno Clerk & Recorder • • • Exhibit A Parcel 1: The following described property, situate in the County of Weld, State of Colorado, to -wit: A tract or parcel of land described as follows: Beginning at the Northeast corner of Section 26, Township 7 North, Range 66 West of the 6th P.M., and assuming that the East line of said section is a true North and South line, thence South along the East line of said section, 2647 feet, thence South 88°55' West 545 feet, thence North 36°20' West 124 feet, thence North 47°11' West 88 feet, thence North 59°30' West 347 feet, thence North 66°40' West 344 feet, thence North 56°56' West 175 feet, thence North 40°49' West 200 feet, thence North 39°45' West 100 feet, thence North 42°16' West 200 feet, thence North 38°44' West 300 feet, thence North 36°00' West 100 feet, thence North 41°30' West 200 feet, thence North 40°00' West 128 feet, thence North 33°00' West 151 feet, thence North 70°43' West 264 feet to the North and South Quarter Section Line through said Section 26, thence North along said Quarter Section Line 825 feet to the North line of said Section 26, thence East along the North line of said Section 26, 2651 feet to the point of beginning, County of Weld, State of Colorado. Parcel 2: The following described property, situate in the County of Weld, State of Colorado, to -wit: All that part of Section 23, Township 7 North, Range 66 West of the 6i° P.M., described as follows: Beginning at the East quarter corner of said Section 23; thence West on the center line of said Section, 1724 ft. to the point of beginning; thence South 28°55' East, 415 feet; thence South 17°40' West 486 feet; thence South 60°20' West 185 feet; thence South 85°30' West 1349 feet; thence North 48°20' West 403 feet to a point on the East Bank of the Larimer and Weld Canal; thence following the East Bank of The Larimer and Weld Canal to a point 50 fl. South of the North line of said Section 23; thence South 88°57' East 497 feet; thence South 2l°51' East 226.3 feet; thence South 42°42' East, 242.8 feet; thence South 53°04' East, 435.7 feet; thence South 72°45' East 228.5 feet; thence South 49°40' East, 114 feet; thence South 11°49' West 608 feet; thence South 26°36' East, 841.2 feet; thence South 38°40' East 270 feet; thence South 33°41' East, 184.5 feet, thence South 12°13' East 87.3 feet to the Point of Beginning, County of Weld, State of Colorado. Parcel 3 That part of Section 23 in Township 7 North of Range 66 West of the 6^ P.M., as follows: Beginning at the Southeast corner of Section 23, and running thence West along the South line of said Section 23, 567 feet to the East side of the Eaton Town Lateral; thence North 36°30' West 1800 feet along the East side of said lateral to the A. J. Eaton Seep Stream; thence North 32°30' West 375 feet to the South side of a dike at its intersection with said seep stream; thence North 62°20' East 185 feet; thence North 17°40' East 486 feet; thence North 28°55' West 415 feet; thence East 1724 feet to the East line of Section; thence South 2663 feet along the East line of said Section to the Southeast corner, to the place of beginning, County of Weld, State of Colorado. TOGETHER WITH all water, water rights, ditches, ditch rights, reservoirs and reservoir rights and all rights of way and easements utilized in connection therewith including but not limited to the five (5) irrigation wells adjudicated in Case No. W-2938 in the Water Court in and for Water Division I, State of Colorado, and as properly augmented by the Poudre Augmentation Plan including and pertaining to Well No. 1-14531, Well No. 2-14532, Well No. 3-14513, Well No. 4-14534, Well No. 5-00168 and Well No. 6-1493; interest in the Cache LaPoudre Water Users Association, one (1) North Weld County Water District W water laps and all units of CBT Water assigned to said water tap L Y. Int Yh&tore of Daft 111111111111 11111111111111111 I I I 1111111 I I 111111 I I I I I I I I 3325614 09/23/2005 12 30P Weld County, CO 1 of 2 R 11 00 D 0.00 Steve Moreno Clerk b Recorder SPECIAL WARRANTY DEED THIS DEED, Made thisl5th thy of September, 2005 between Dalton Land Company, Inc., A Colorado Corporation of the County of Weld and State of COLORADO, grantor(s), and Rusco Land & Cattle, LLC, A Colorado Limited Liability Company whose legal address is 39360 Weld County Road 41Ault, CO 80610, of the County of Weld, State of Colorado, grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of ($10.00) Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the gramee(s), his heirs 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: See Exhibit A attached hereto and made a part hereof. also known by street and number as 37905 WCR 35, Eaton, CO 80615 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(s), 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(s), his heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). 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(s) has executed this deed on the date set forth above. SELLER: Dalton Laid Company, Inc., A Cplorad ration Jayilton, it./ ,.G•,• gati eau wledged before me this 15th day of Se tember, 2005 by James D. Dalton as president A' Colorado Corporation rt ti LI/E. Notary Public Witness my hand and official seal. My Commission expires: 7/15/09 CARRIE WALKER NOTARY PUBLIC STATE OF COLORADO My Contras Erlxres July 15, 2009 cc SPWARRTC Security Title Special Warranty Dead Tenants in Common File No. $0055975 I IN IIIII11111HUM IIII111111III IIIII IIII1111 3325614 09/23/2005 12:30P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk a Recorder Exhibit A Parcel 1: The following described property, situate in the County of Weld, State of Colorado, to -wit: A tract or parcel of land described as follows: Beginning at the Northeast corner of Section 26, Township 7 North, Range 66 West of the 6th P.M., and assuming that the East line of said section is a true North and South line, thence South along the East line of said section, 2647 feet. thence South 88°55' West 545 feet, thence North 36°20' West 124 feet, thence North 47°11' West 88 feet, thence North 59°30' West 347 feet, thence North 66°40' West 344 feet, thence North 56°56' West 175 feet, thence North 40°49' West 200 feet, thence North 39°45' West 100 feet, thence North 42°16' West 200 feet, thence North 38°44' West 300 feet, thence North 36°00' West 100 feet, thence North 41°30' West 200 feet, thence North 40°00' West 128 feet, thence North 33°00' West 151 feet, thence North 70°43' West 264 feet to the North and South Quarter Section Line through said Section 26, thence North along said Quarter Section Line 825 feet to the North line of said Section 26, thence East along the North line of said Section 26, 2651 feet to the point of beginning, County of Weld, Slate of Colorado. Parcel 2: The following described property, situate in the County of Weld, State of Colorado, to -wit: All that part of Section 23, Township 7 North, Range 66 West of the 6'° P.M., described as follows: Beginning at the East quarter corner of said Section 23; thence West on the center line of said Section, 1724 R. to the point of beginning; thence South 28°55' East, 415 feet; thence South 17°40' West 486 feet; thence South 60°20' West 185 feet; thence South 85°30' West 1349 feet; thence North 48°20' West 403 feet to a point on the East Bank of the Lorimer and Weld Canal; thence following the East Bank of The Latimer and Weld Canal to a point 50 ft. South of the North line of said Section 23; thence South 88°57' East 497 fed; thence South 21°51' East 226.3 feet; thence South 42°42' East, 242.8 feet; thence South 53°04' Fact 435.7 feet; thence South 72°45' East 228.5 feet; thence South 49°40' East, 114 feet; thence South 11°49' West 608 feet; thence South 2696' East, 841.2 feet; thence South 38°40' East 270 feet; thence South 33°41' East, 184.5 feet; thence South 12°13' East 87.3 feet to the Point of Beginning, County of Weld, State of Colorado. Parcel 3 That part of Section 23 in Township 7 North of Range 66 West of the a P.M., as follows: Beginning at the Southeast corner of Section 23, and running thence West along the South line of said Section 23, 567 feet to the East side of the Eaton Town Lateral; thence North 36°30' West 1800 feet along the East side of said lateral to the A. J. Eaton Seep Stream; thence North 32°30' West 375 feet to the South side of a dike at its intersection with said seep stream; thence North 62°20' East 185 feet; thence North 17°40' East 486 feet; thence North 28°55' West 415 feet; thence East 1724 feet to the East line of Section; thence South 2663 feet along the East line of said Section to the Southeast corner, to the place of beginning, County of Weld, State of Colorado. TOGETHER WITH all water, water rights, ditches, ditch rights, reservoirs and reservoir rights and all rights of way and easements utilized in connection therewith, and 4 Shares of the Capital stock of North Poudre Irrigation Company 6 Shares of the Capital stock of Lorimer & Weld Irrigation Company 5 Shares of the Capital stock of Windsor Reservoir and Canal Company Hello