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Home My WebLink About820329.tiff RESOLUTION RE : APPROVAL OF CONTRACT TO EXCHANGE REAL ESTATE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD GEISERT AND FRANCIS GEISERT AND AUTHORIZE THE CHAIRMAN OF THE BOARD TO SIGN SAME WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners declared the Davis Ranch property as surplus on July 11, 1979 , and WHEREAS , the Board of County Commissioners selected Austin and Austin as realtor to market said property in Board action taken on April 13 , 1981, and WHEREAS , the Board of County Commissioners has been presented with a contract to exchange real estate between the Board of County Commissioners and Richard Geisert and Francis Geisert, a copy of said Contract to Exchange Real Estate (Without Valuations) is attached hereto and incorpor- ated herein by reference, and WHEREAS , the Board of County Commissioners deems it is in the best interests of Weld County to accept said Contract to Exchange Real Estate (Without Valuations) . NOW, THEREFORE , BE IT RESOLVED by the Board of County Commissioners that the Contract to Exchange Real Estate between the Board of County Commissioners and Richard Geisert and Francis Geisert be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board is hereby authorized to sign the Contract to Exchange Real Estate (Without Valuations) . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of January, A.D. , 1982. S r0 3y9 fRCo 19 Page 2 RE: CONTRACT TO EXCHANGE REAL ESTATE BOARD OF COUNTY COMMISSIONERS WED)COUNTY, COLORADO maL4-Li i. )27/9u (Aye) J n T. Martin, Chairman SAye) Chuck Carlson,, Pro-Tem L:c. ..s_ (Nay) Norman Carlson (Aye) C. Kifby / %Gl .e/ -i,JX//CG7/e (Aye) e K. S einmark ATTEST: by 6 ., Weld County Clerk and Recorder and Clerk to the Board__ BY: ( ? -.�-L �C�i j'4 rtfic._;-ct`1 � Deputy Country Clerk APFL((ROVED AS TO FORM: 'County Attorney DATE PRESENTED: JANUARY 25 , 1982 HK .a053 L,9 Recorded at_ B 09a , REC 01883049 02/12/02 1r., : 49 $0.00 1 /002 Reception NC MARY ANN FE::UERSTEIN, CL.E_Eil< n RECORDER, WELD COUNTY, CO Warranig 1Jeerl, THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations and exceptions (4)any outstanding mineral interests shown of record (5) any protective covenants and restric- tions shown of record, and (6) any additional matters shown below under"Additional Warranty Exceptions". The specific terms of this deed are: GRANTOR: If name(s) and planets) of resident e, if the spouse of the owner-grantor is joining in this Deed to release homestead rights. identify grantors as hushand and wife.) Richard Geisert and Francis Geisert GRANTEE: (Give name(s) and address(es). statement of address, including available road or street number, is required ) - County of Weld, State of Colorado, a body co.Lporate and politic 915 10th Street, Greeley, Colorado • FORM OF CO-OWNERSHIP: (If there art'two or more grantees named, they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) PROPERTY DESCRIPTION: tintluck county and state SEE ATTACHED EXHIBIT "A" • • CONSIDERATION: (The statement of a dollat amount is optional, adequate consideration for this deed mil be presumed unless this conveyance is [dentitled as a gift, in any case this conveyance is absolute, final and urn ondltlonal.) RESERVATIONS-RESTRICTIONS: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns. or if the GRANTOR is restricting the GRANTEE'S rights in the property, make appropriate indication.) AE)DITIONAt. -ARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not Covered above) -O ) ' c/ /7 (7/ / i Signed on February 12 , 19 82 , L.; - /2- Attest: Grantor Grantor STATE OF COLORADO COUNTY OF Weld ) 55. Grantor The foregoing instrument was acknowledged before me this 12th day of February , 19 82 by Gary R. Sears as attorney—in—fact for Richard Geisert and Francis. Geisert, WITNESS my hand and official seal. y 2 ) /f. , t_ My commission expires:August 23, 1984 ti Notary Public STATE OF ) 1221 8th Ave. , Greeley, CO 80631 COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of , 19 by WITNESS my hand and official seal. My commission expires: • Notary Public 1977 UPDATE LEGAL FORMS NO. 201 P 0. BOX 1815, GREELEY, COLORADO 80632 EXHIBIT "A" B 0961 REC 01883049 02/12/432 16 : 49 $0.00 2/002 MARY ANN FE::UE::RSTIi IN, CLERK n RECORDER, WELD COUNTY, CO All that part of the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 and the NE 1/4 SE 1/4 Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto, and beginning at the E 1/4 corner of said Section 31, thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point, thence North 89°32'30" West a distance of 653. 72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0°13'50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162.50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37'00" West a distance of 335 feet; thence North 30°39'00" West a distance of 353 feet, thence South 52°33'00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478.07 feet; thence South 44°51'10" West, 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River; thence South 71°07'20" West a distance of 222.20 feet; thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687. 85, thence North 55°22'10" West a distance of 77.24 feet, thence North 65°16'30" West, a distance of 129.80 feet, thence North 87°57'50" West a distance of 208.50 feet, thence South 75°35'50" West a distance of 170.90 feet, thence South 89°18'50" West a distance of 271.80 feet to a point where said line inter- sects the West line of the NE 1/4 SW 1/4 of said Section 31, thence North 01°11'10" East a distance of 1073. 76 feet along the West line of the NE 1/4 SW 1/4, thence South 89°53'40" East a distance of 3970.88 feet along the North line of the NE 1/4 SW 1/4, and the NW 1/4 SE 14, and the NE 1/4 SE 1/4 to the point of beginning. Said parcel includes Irrigation Well Reg. #29-11874, R.F. 200", forming a part of the Larimer-Weld Augmentation Plan. a portion of said description is also known as a part of Lot 1, Block 178, City of Greeley, Weld County, Colorado. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Richard Geisert of the City of Greeley , County of Weld , State of Colorado reposing special trust and confidence in Gary R. Sears of the City of Greeley County of Weld State of Colorado has made, constituted and appointed, and by these presents does make, constitute and appoint the said Gary R. Sears true and lawful attorney for him and in his name, place and stead, for his sole use and benefit to perform all lawful acts and execute all documents relating to the purchase, sale, conveyance, or encumbrance of: See exhibit "A" attached for legal descriptions �. Hereby giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intent and purposes as he might or could do if personally present, including, but not limited to the execution of Deeds conveying real estate, with full power of revocation hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof. This power of attorney shall not be affected by disability of the principal. O1- Y hand and seal the X I IN WITNESS WHEREOF, I have hereunto set m — day of K 0 , 19 82 . y� D °1`�X- i cum 2647 (SEAL) Richard Geisert (SEAL) STATE OF icL ) r ) ss. COUNTY OFX Q J'( JL, ) The foregoing instrument was acknowledged before me this 'r p rIn day of ,( 19 82 by Richard Geisert (, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: )O—t3- 1(a) k CLti Notary Public address: RECORDED Reception No. ___ _-_...-..-. . .. .... Recorder KNOW ALL MEN BY THESE PRESENTS, That Whereas, Richard H . and Francis M. Geisert 933 North 11th Avenue, Greeley, CO 80631 of the County of Weld in the State of Colorado, by Deed of Trust dated the 15th day of May , A. D. 19 81 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld, in the State of Colorado, on the 21st day of May , A. D. 1981 , in book 936 at page Reception 1118$$415 of the records n said office, conveyed to the Public Trustee in and for the County of Weld, certain properly in trust to secure the payment of the indebtedness mentioned herein; AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied. NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed of Trust, and in considera- tion of the premises, and in further consideration of the suns of Two Dollars to me in hand paid, the receipt whereof is hereby acknowl- edged, I, as the Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I, as such Public Trustee have in and to only the following portion of the property, set forth and described in the afore- said Deed of Trust to-wit: PARCEL P1 : A tract of land located in the Southeast Quarter of Section 31 , Township 6 North, Range 65 West of the 6th P .M. , Weld County, Colorado , being more particularly described as follows : Commencing at the East Quarter corner of said Section Al and considering the East line of said Southeast Quarter to bear South 00000 '00" East }t „al other r bearings contained herein big relative thereto; hen( North 905 4 West a oft the East-Wes enterline o� said Section 31 , a ddistance of J0, 0 teet7to toe true point or neginnrng ; tnience South 00000 '00" East 435 .60 feet • thence North 89043 '40" West , 500 .00 feet ; thence North 00000 '02" West 435 .60 feet to a point on the East-West centerline of said section 31 ; thence South 89053 '40" East , along said East—West centerline, 500.00 feet to the true point of beginning. Said tract of land contains 5 .00 acres s and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land . P.',RCEL "2 : All that part of th.. NEttSu"[ and Olt h;c4 5:t; and the Ii'C','.h't Section 31, Tcnenah is. 6, Lc, th Rang,. 65 West of the 6th ?rind;gal herldian, Weld County, Colorado, corn i.ecIf!call described as (olhcses: Conalderins the hay[ line of said Section 31 ro hear South 00'00'00" East and vl[h all ocher beartnzc' described herein being relative [hereto, sod beginning at the h1/4 corner of said Section 31, thence South 00'00'CC" Fest aloic, the East lice of sold Section )1 a Jlt,tance of 881.3) fret to a point, thence North 89'J2'JO" West n distance of 65).22 feet, along the line described in Book 414 at Bags 484 of the Pel,1 county Record,, thence Sr th 0'1)'50" East a distance of 197 ,38 feet, thence ;oath 71'12'52" ilea; a distance or 12.50 rert, thence Berth 55'42'00" Wear a distance of ]!'0 feet, thence North 1)'37'(0" hest a distance of 335 feet; thence North O'30'0S- West a distance of )53 feet, thence South 52'33'00" West a distance of 2/0 feet, [Bence South JO'23'GO" We,r a distance of 694.,0 feet to a point vlere %aii line intersects [he Borth bank of the ealstt,g channel of the Cache La Poudre :aver, thence South 71'97'20" West a_dts[once of 294.20 feet, thence South 82'21'20" West a distance of 262.43 feet until said line Intersect, the Porch line of that parcel of Innd described in Rook 37) at roue 463 of the Weld County records, thence North alen,c' the Notch line of said parcel ::n:th 85'5)'00" West n distance. of 637.95, thence Botch 59'22'10" Went a olatance of 77.24 feet. thence Borth 65'16'30" West a distance of 129.00 feet, [hence North. 87'57'50'- West a distance or 203.50 - feet, thence Muth 73']5'50" Vets a dl:stance of 170.90 feet, thence South 89'18'50" Lest a distance 6( 2,1 .30 feet to a point where said line intersects the West line cl the BeltS'-4 of laid Section 31, (hence berth 01'11 ' 10" Cast a distaste of 707).76 felt along the West line of the 0'<L.Su4 thence South 89'3)'40" Ease a Clstance-Of 3970.84 feet along ,e North line of the N1:';S8'c, and the NW'-5E'{ and the liEhs[tf to the point of beElnalnp. - S.tiJ parcel IacluUts leri gat Ion 'JclL Bel. :29-ftd74, H.F. 200", forrninq a p•et the tarlmer-veld nu,... „ta;i_•-r ^Inn, ..tie, l.ar0.400. Witness my hand and Official seal. My Commission expires Notary Public PARTIAL RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE. ?,- 7 1r"....... i . rt....,.«7--._...•-........-. .rtr.+*,^ri "rfn', r, Y� r" ] -1'ra�..]w-.y..-..r . f r ° 7r'-'417r74.17,7177-77. . situate, lying and being in the County of Weld and State of Colorado. TO HAVE AND TO HOLD TI-IE SAME, Together with all and singular the privileges and appurtenances thereunto be- longing forever. And further, that, as to the above described property only, the said Trust Deed is to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal this day of , A. D. 19 , (SEAL) As the Public Trustee in and far the County of Weld To the Public Trustee in said County of Weld: Please execute this partial release, the indebtedness secured by the above mentioned Deed of Trust having been partially paid and satisfied. THE 'IRST NATIONAL BANK OF GREELEY _Bit teasit, 7- The legal holder of the indebtedness secure by said Deed of Trust. STATE OF COLORADO, Delores M. Schimpf, Assist . Vice President 1 COUNTY OF WELD. SS. The (ongoing in,trnment was acknowledged before me this day of , 19 , by as the Public Trustee in said County of Weld, Colorado. Witness my hand and Official seal. \Iy Cnnnu is lion expires Notary Public PARTIAL RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE. - .....*: -.,'4%,;.r, , nt o t .1j,71..• ro htlr i '' i t .r ., Y } Ir 1str '4 { ; .` r ff ]sw ,n"` +f ;Nt t ' f , ; r , 14.:"..44-$.,' .4., t ' nra �eSi, �F r ..,qk. r tl 1e . ], w ]' � rblt �Jy . 1 ft c 4 f r ..r y e t I4"d6 y • • . ✓ y ` ro4 i Y "'� � tet s ]v t �9t'' vt. , i r.�?:�e TM`s• Fe�,(r f.� ,12:,,‘ ft .' ,..r, "'„,"4' tr1 e p.jr t� . 0.c 4 a •r f ]F f.y ti .04,:4,..„,. • tilt' J yT, r R n''' {�., 'l 1 r t]4{;1:::).. d'� y�xr 1F 'T• ty t 1. • �•1N .‘,•,:, 1 'W Wt f n.. .a:..rl�, J y�.J�[� ♦ �'µ A� (�•r t .. 4 t t 74441...7f.,.'r tI ,1. The printed portion of this form approved by the Colorado Real Estate Commission(EX-31-12-77) a CONTRACT TO EXCHANGE REAL ESTATE (Without Valuations) THIS AGREEMENT made and entered into this 8th day of January 19 82 by and between BOARD OF WELD COUNTY CC1MMISSIONERS whose address is Weld County Complex, 915 10th Street, Greeley, Colorado hereinafter !•I referred to as"First Party"and RICHARD GEISERT and FRANCIS GEISERT whose address is hereinafter referred to as"Second Party," I WITNESSETH, art agrees to convey to Second Party the following described real estate,situate in the 1. First Party gr County of Weld State of Colorado,to wit: Part of Sec. 1, 2, 11, & 12, awn. 5 North, Range 65 West of the 6th P.M., Weld Co., Colorado more particularly described on attached Exhibit B attached hereto and a part of this contract by reference EXCEPTING three (3) parcels as described on attached Exhibit A attached hereto and a part of this contract by reference. Together with any & all mineral rights now owned by First Party including gravel interests, if any. KNOWN As "The Davis Ranch" with all easements and rights of way appurtenant thereto,all improvements thereon and all fixtures of a permanent nature,currently on the premises except no exceptions in their present condition,ordinary wear and tear excepted,and the following personal property: none •III!! by good and sufficient general warranty deed(and bill of sale).Said property will be conveyed subject to the following encumbrances which the Second Party(will)(will not)assume and agree to pay: Ptuperty to be conveyed free and clear of all liens and encumbrances. I If a note and trust deed or mortgage is to be assumed,the Second Party agrees to apply for a loan assumption if !I II required and the Second Party agrees to pay(1) a loan transfer fee not to exceed$dnPS not apply and(2)an interest rate not to exceed--%p per annum. If the lender's consent to a loan assumption is required,this contract is expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as !, above stated. If a secured or unsecured loan is to be carried by the First Party, First Party shall not be obligated to carry said loan for any person or entity in lieu of the Second Party named herein. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Second Party 2. Second Party agrees to convey to First Party the following described real estate,situate in the County of Weld State of Colorado,to-wit: All that part of the NE}SW4 and the NW4SE4 and the NE1/4SE4 Section 31, Twn. 6 North, Range 65 West of the 6th P.M., Weld County, Colorado more • specifically described on attached Exhibit C attached hereto and a part of this contract by reference, together with all the required gravel mining permits as prescribed by the State of Colorado, County of Weld. • KNOWN AS with all easements and rights of way appurtenant thereto,all improvements thereon and all fixtures of a permanent nature,currently on the premises except no exceptions in their present condition,ordinary wear and tear excepted,and the following personal property: together with all the Second Party's right, title and interest and any gravel and other stock- !] piled material located on the property on the date of closing, if any. !I; by good and sufficient general warranty deed(and bill of sale).Said property will be conveyed subject to the following encumbrances which the First Party(will)(will not)assume and agree to pay: Property t0 • be conveyed free and clear of all liens and encumbrances. No.EX 31-12-77. Contract to Exchange Real Estate(Without Valuations) —Bradford Publishing Co.,1846 Stout Street,Denver,Colorado(573-5911)-8-79 - If a note and trust deed or mortgage is to be assumed, the First Party agrees to apply for a loan assumpion if required and the First Party agrees to pay (1) a loan transfer fee not to exceed $ does not apply and (2) an interest rate not to exceed _x per annum. If the lender's consent to a loan assumption is required,this contract is expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as above stated. If a secured or unsecured loan is to be carried by the Second Party,Second Party shall not be obligated to carry said loan for any person or entity in lieu of the First Party named herein. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by_ First Party 3. The difference between the values of the respective properties, after having considered and deducted the encumbrances above described,shall be deemed for the purposes of this agreement to be$ --�-- I and said sum shall be due and payable by— Party to —Party as follows: I 4. Title shall be merchantable in the respective parties hereto. Each party agrees, at his option and expense,to furnish to the other party, on or before FebruarY 5 , 19 82,xruatecasteakittbotiutibormatec 7�i:€tif, or a current commitment for title insurance policy. If eitherparty ' i�, elects to furnish said title insurance commitment,that party will deliver the title insurance policy to the other party after closing and pay the • premium thereon.Except as stated in paragraphs 1 and 2,if title is not merchantable and written notice of defect(s)is given by either party to the other party within the time herein provided for delivery of deed and shall not be rendered merchantable within 60 days after such written notice, then this contract, at the option of the party giving such I notice,shall be void and of no effect and each party hereto shall be released from all obligations hereunder;provided, I however,that in lieu of correcting such defect(s),the party receiving such notice may,within said 60 days,obtain a • I commitment for owner's title insurance policy in the amount of the purchase price reflecting title insurance protec- tion in regard to such defect(s),and the party giving such notice shall have the option of accepting the then existing insured title in lieu of such merchantable title. The party receiving such notice shall pay the full premium for such 1! owner's title insurance policy,and the abstract,if any,shall be returned by the other party. • divided equally between 1st. and-base2nd Parties 5. General taxes for the year of closing shall be>>�i:S�f6Q�fl6 on the most recent '' levy and the most recent assessment. Personal property taxes, prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums,interest on encumbrances,if any,and nOr1P other shall be apportioned to date of delivery of deed with respect to each property. Each party shall give credit at closingI, for any tenant security deposits. Loan balances are to be adjusted at the time of closing.Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. 6.Each party agrees to execute and deliver his deed to the other party on __ February 15 1982 or, by mutual agreement, at an earlier date, conveying his property free and clear o: all taxes (including special 1 improvements now installed,whether assessed or not unless specifically hereinafter excepted),except general taxes for the year of closing which said other party assumes and agrees to pay subject to the adjustment herein provided for. The property of each party shall be subject to building and zoning regulations pertaining thereto and shall be subject to any tenancies hereinafter set forth and shall be free and clear of all liens and encumbrances except those hereinabove described,and EMXMX subject to the following easements and regulations: j *As to the property described in paragraph one Subject to building and zoning regulations of record and a Right of Overflight stated in Exhibit A attached hereto and a part of this contract by reference. • *As to the property described in paragraph two None I II 7. The hour and place of closing shall be designated by Austin & Austin Real Estate 8. Possession of the premises shall be delivered to each purchaser concurrently with the transfer of title or as follows: March 14 1982, except for storage rights as set forth in paragraph number • I 15— I The property described in paragraph one shall be subject to the following leases or tenancies: Property leased to Harold and Betty Law until March 1, 1982. Second Party agrees to grant First • Party the right of possession to their present equipment and material storage area ! now located in Parcel B until July 1, 1982. I and the property described in paragraph two shall be subject to the following leases and tenancies: • i! • Ii 'There should be inserted here any reservations,restrictive covenants.easements,right of way..pedal taxes or any other exceptions to which the property,x subject. ' '!ie event that either of the properties is damaged by fire or other casualty prior to time of closing in an ' not more than ten percent of the value of the property, the seller of said damaged property shall be ' ' ' , repair the same before the date herein provided for delivery of deed.In the event such damage cannot be , dthin said time or if such damage shall exceed such value,this contract may be cancelled at the option of the ' Should the other party elect to carry out this agreement despite such damage,such other party shall be • -:. all the credit for the insurance proceeds resulting from such damage not exceeding, however,the total en Id any fixtures or services fail between the date of this agreement and the date of possession or the date of - r deed, whichever shall be earlier, then the owner of such property shall be responsible for the repair or .! -,t of such fixtures or services with a unit of similar size,age and quality,or an equivalent credit. 'h parties have examined the properties and accept the same in the present condition. Neither party is .. (,presentations of the other party or real estate broker or agent,as to zoning other than as specifically set . :.,in. I, agreed that _E. R. Austin dba Austin & Austin Real Estate _.. is ' .ulcer for the First Party and E. R. Austin dba Austin & Austin _ 11. Estate is acting as broker for the Second Party.If the broker .. ' ,eh party herein shall be same,then each of the parties agrees that said broker may act as broker for each ii ay receive such commissions from each party as may be established by separate agreement. ! I - et Party here.+ith deposits with broker for the Second Party$ none --. by(cash) 's)and Second Party herewith deposits with broker for the First Party$ none by ' ! ; k) (note), as a guaranty of good faith, to be returned to the respective parties when the transaction is ,vmpleted. '„y •_. e is of the essence hereof,and if any payment or other condition hereof is not made,tendered or performed 'I - f the parties hereto as herein provided,then this contract, at the option of the party who is not in default y 1 ,ainated. In case of such termination, any deposit made by the defaulting party shall be retained by the I ''-rn' - r the non-defaulting party, on behalf of said non-defaulting party, and the payments so retained shall be '; H' ' trveen the said broker and the non-defaulting party,one-half thereof to the broker,but not to exceed a sum -.! '.- the agreed commission, and the balance to the non-defaulting party. In the event of such termination, any , ,y , made by the non-defaulting party shall be returned to said party, and the non-defaulting party may II ec ,.h additional damages as may be proper.In the event,however,the non-defaulting party elects to treat this li ..nt., ... a being in full force and effect, the non-defaulting party shall have the right to an action for specific 'II -. nec and damages. it 1 12 This contract shall be binding upon and shall inure to the benefit of the parties hereto,their heirs,successors, it and assigns. ;II I ll 15. . mitionalprovisions: This contract is expressly contingent upon the Second P,u L iibtaining a Federal Land Bank loan commitment on or before February 1, 1982. In t_' ' 'vent they have not secured the commitment by said date, they shall notify the rst Party and/or their agent in writing. Upon receipt of written ll noii "'cation, this contract shall become null & void. Lund Party shall remove no mined material subsequent to closing. I and Party reserves the right to store equigtlent on approximately five (5) I i buildings abutting Eleventh Avenue until sated South of the existing g July I , 1982. First Party reserves the right to store equipment in existing ; c' - - , areas until July 1, 1982. I ^' r-st Party agrees to pay over to Second Party the insurance proceeds received i' ' ,-esult of a fire which occurred on January 7, 1982, in a home located on I I m,c, 1 fl,, rty owned by First Party. i' Additional provisions are outlined on attached Exhibit A and a part of this III contract by reference. I ll 1r 1.1 the event this instrument is not signed by all parties hereto on or before January 12 'i I 111 92 , " i s agreement shall become void and of no effect. • ' . "i NESS WHEREOF the parties hereto have set their hands and seals. Date ^ Date i �) �� _ — ) ' _ (Aar) ,,Q////.c�.4� ti�.r (//� y� II y v (1-- /„...!-L2 7. /0G/% .c. Vim- +� t1. i _// ( ) (/ ) II V %sr�HLl_[� ¢ cd-o--c ,/P� , I ( ) ( ) First Party Seeond Party ( ) ( ) Broker Broker By, - - - EXHIBIT A Addendum to Contract to Exchange Real Estate dated January 7 , 1982 between BOARD OF WELD COUNTY COMMISSIONERS, FIRST PARTY and RICHARD GEISERT & FRANCIS GEISERT, SECOND PARTY. LEGAL DESCRIPTION (Paragraph 1 - continued) : THREE (3) PARCELS TO BE EXCLUDED from the property known as "The Davis Ranch" are described as follows: (a) a tract located in the SEa of Section 2 lying north of the Ogilvy Ditch, with the Ogilvy Ditch to become its south boundary and the highway right of way to become the north boundary. (b) a tract located in the WISE' of Sec. 11 -- approx. 22 acres of irrigated pasture and 2 shares of the Delta Ditch water (c) a lane approximately 20 ft. wide located in the NZSWa Section 11 See Exhibit D attached hereto outlining approximate locations of said three exclusions. Boundaries will be more specifically defined by the placement of stakes in the presence of both the First and Second Party. Property to be surveyed by a licensed registered surveyor to determine the exact boundaries, acreage and legal descriptions. First Party will grant unto Second Party a written easement granting ingress and egress rights through the property described as Exclusion (a) above. First Party will grant the following water rights to Second Party: (a) Fifteen (15) shares of the capital stock of the Delta Irrigation Co. (b) Three (3) shares of the capital stock of the Ogilvy Ditch (c) One (1 ) irrigation well , properly registered and adjudicated together with all pumping equipment presently located on property SUBJECT TO RESTRICTIVE COVENANT (Paragraph 6 - continued) : Property in Paragraph One subject to a RIGHT OF OVERFLIGHT described as follows: RIGHT OF OVERFLIGHT Seller shall reserve unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used for navigation of or flight in the said airspace and for use of said airspace for landing on, taking off from, or operating on the Weld County Municipal Airport. Seller expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with landing or taking off of aircraft at the Weld County Municipal Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached , the grantor is to reserve the right to enter upon the land, released hereunder and to remove the offending structure or object and to cut the offending growth, all of which shall be at the expense of the grantee. EXHIBIT A (Continued) Addendum to Contract to Exchange Real Estate dated January 8, 1982 between BOARD OF WELD COUNTY COMMISSIONERS, FIRST PARTY and RICHARD GEISERT & FRANCIS GEISERT, SECOND PARTY. ADDITIONAL PROVISIONS (Paragraph 15 -- continued) : Second Party agrees to pay First Party the sum of $4,000.00 at the time of closing for expenses incurred in obtaining water augmentation for the gravel pit. The County insurance fund will pay to Second Party the sum of $7 ,000.00 at the time of closing for the home which recently received fire damage. First Party agrees to obtain a subdivision exemption on the most westerly 40 acres of said property as described in Paragraph 1 . Second Party will grant possession of their improvements now located on property described in Paragraph 2 to First Party on June 1 , 1982. Exhibit "A" (page one) All that part of the NE%SW' and the NW'SE14 and the NE1SE' Section 31 , Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00°00' 00" East and with all other bearings described herein being relative thereto and beginning at the E4 corner of said Section 31 , thence South 00°00'00" East along the East line of said Section 31 a distance of 881 .33 feet to a point, thence North 89°32' 30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0°13' 50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162. 50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37 '00" West a distance of 335 feet, thence North 30°39' 00" West a distance of 353 feet, thence South 52°33' 00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478.07 feet, thence South 44°51 ' 10" West 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River, thence South 71°07 '20" West a distance of 222.20 feet, thence South 82°21 '20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687 .85 feet, thence North 55°22' 10" West a distance of 77.24 feet, thence North 65°16' 30" West a distance of 129.80 feet, thence North 87°57'50" West a distance of 208.50 feet, thence South 75°35'50" West a distance of 170. 90 feet, thence South 89°18'50" West a distance of 271 .80 feet to a point where said line intersects the West line of the NE14SW4 of said Section 31 , thence North 01°11 ' 10" East a distance of 1073.76 feet along the West line of the NE14SW1 , thence South 89°53'40" East a distance of 3970.88 feet along the North line of NE14SW14, and the NW1/4SE1/4, and the NE1/4SE14 to the point of beginning. Exhibit "A' (page two) LEGAL DESCRIPTION Portions of Sections 1, 2, 11, & 12, Township 5 North, Range 65 West of the (,th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the Northeast Corner (NE COR) of said Section 12, Township 5 North, Range 65 West of the 6th P.M. , and considering the North line of said Section 12 as bearing North 87°45'19" West, with all other bearings contained herein relative thereto; Thence South 00°22'26" West, along the East line of said Section 12, 1630.62 feet to a point 1000.00 feet north of the East Quarter Corner (E 1/4 COR) of said Section 12; Thence South 71°23'24" West, 2844.50 feet to the center of said Section 12; Thence North 88°02'09" West, along the East-West centerline of said Section 12, 2687. 66 feet to the West Quarter Corner (W 1/4 COR) of said Section 12; Thence South 89°21'05" West, along the South line of the Northeast Quarter (NE 1/4) of said Section 11, 753. 81 feet; Thence North 13°19'32" East, 386. 46 feet; Thence North 07°42'14" West, 169.00 feet; Thence North 59°09'04" West, 129.05 feet; Thence South 61°53'19" West, 217.11 feet; Thence North 22°35'49" West, 22. 27 feet; Thence South 63°42'26" West, 259.09 feet; Thence South 83°50'07" West, 20. 83 feet; Thence South 02°15'46" East, 194. 13 feet; Thence South 28°24'48" West, 247.12 feet to a point on the Westerly right- of-way line of County Road; Exhibit "A" (page three) Thence along said Westerly right-of-way line by the following course and distance: Along the arc of a curve to the left whose radius is 79.45 feet and whose long chord bears South 40°59'06" West, for a distance of 8. 71 feet, more or less, to the point of intersection of the South line of the NE 1/4 of said Section 11 and the West right-of-way line of County Road; Thence South 89°21'50" West, a distance of 1278. 89 feet, more or less, to the center of said Section 11; Thence South 89°36'17" West, along the South line of the Northwest Quarter (NW 1/4) of said Section 11, 1309.04 feet; Thence South 00°06'14" West, 1286. 42 feet, more or less; Thence North 89°39'42" West, 20.00 feet; Thence North 00°06'14" East, 1286.16 feet, more or less; Thence South 89°36'17" West, 1316. 04 feet to the West Quarter Corner (W 1/4 COR) of said Section 11; 'Thence North 00°25'31" East, along the West line of the Northwest Quarter (NW 1/4) of said Section 11, 1373. 95 feet; Thence South 88°53'39" East, 1321. 83 feet; Thence North 00°23'48" East, 641. 34 feet to the centerline of the Cache La Poudre River; Thence along said centerline of the Cache La Poudre River by the following two (2) courses and distances: North 53°08'43" East, 157.56 feet; North 08°18'09" East, 106.32 feet to the intersection of the centerline of Cache La Poudre River and the centerline of Sand Creek; Thence along said centerline of Sand Creek by the following three (3) courses and distances; North 02°46'48" East, 198.60 feet; North 12°31'19" East, 171. 90 feet; Exhibit "A" (page four) ' North 08°19'47" East, 149.00 feet to the intersection of the center- line of Sand Creek and the North line of said Section 11; Thence North 89°57 '58" East, along said North line of Section 11, 2437.24 feet to the Northwest Corner of the NE 1/4 of the NE 1/4 of said Section 11; Thence North 01°14'13" East, along the North-South centerline of the SE 1/4 of said Section 2 to the North right-of-way line of the Ogilvy Ditch; Thence along the North right-of-way line of the Ogilvy Ditch to the inter- section of said North right-of-way line and the East line of Section 2; Thence North Ol°15'22" East along said East line of Section 2 to a point which is South 01°15'22" West, a distance of 162.50 feet from the inter- section of the South right-of-way line of Colorado State Highway 263 and the East line of said Section 2; Thence South 88°18'20" East, a distance of 2679.46 feet to a point on the East line of the SW 1/4 of Section 1; Thence North 00°48'52" East, a distance of 228. 84 feet to a point on the North right-of-way of the Ogilvy Ditch; Thence along said Ogilvy Ditch by the following nine (9) courses and distances: South 60°27'54" East, 214.30 feet; South 43°04 '04" East, 152.37 feet; South 81°54 '06" East, 63. 15 feet; North 63°58'36" East, 127.25 feet; North 34°58'39" East, 382. 62 feet; North 77°55'06" East, 188. 75 feet; North 79°34'32" East, 402.37 feet; North 77°44'23" East, 135.50 feet; North 50°17'42" East, 103.06 feet; Exhibit "A" (page five) - Thence South 06°19'15" East, leaving said North right-of-way line, 702. 00 feet ; Thence South 86°41'43" East, 1118. 00 feet to a point on the East line of said Section 1; Thence South 00°07'59" West, along the East line of said Section 1, 1217. 20 feet to the Southeast Corner of said Section 1, said point being the Point of Beginning. Said described parcel of land contains acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. February 7, 1982 �� .,,T.- ,,,, A 'ER F Y• SE 4F.;Q PEGISTER t'. \ DLO • i0 P.E. & LI. So. 4392 '•. t Ca o� 41 I do hereby certify that I have prepared the above egal descr3*t: -,:*it-3 9 2 �S *. y; .4; •.�� bw� J % Vie*6• .............O ,�� OF C uuuuu0 F- • 1 -----e. • (1:)llv c0 �'yA• ( k 'S, CI / ll 11/2k179 .2:1 ; (1 � -�..� ; 66 aa.2� 7; 11 c M59.8 � h 1I mt ii ran Z Z „F �� 3�;' it (.O Its •y > ' it fir �" x .1 '. .A.;'.' i '' 'cs,,:ii,.."211-4. ks,./ (...) (5)) LH Li-O V ' ee>—+. Pityt N O. Yom f C v 3 \ / . . N 8 -4 ' V- c t 1� 4, v g v <1. !'( .,.., ., , o c +. `;tea. M e R.r tr EXHIBIT "B" PARCEL #1 LEGAL DESCRIPTION All that part of the Northwest Quarter of the Southeast Quarter (NWa SEa) of Section 11 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the West Quarter Corner (Wa Cor) of said Section 11 and considering the West line of the Northwest Quarter (NWa) of said Section 11 as bearing North 00°25' 31" East and with all other hearing contained herein relative thereto; Thence North 89°36' 17" East along the East-West centerline of said Section 11 , a distance of 2,645.08 feet to the True Point of Beginning (T.P.0.B. ) ; said point also being the Center Corner of said Section 11 ; Thence North 89°21 ' 50" East, a distance of 1 ,278.89 feet, more or less , to a point on the Westerly right-of-way line of a county road; Thence along said Westerly right-of-way line by following six (6) courses and distances : Continuing along the arc of a curve to the left whose radius is 79.45 feet and whose long chord bears South 23°14' 13" West, for a distance of 40.07 feet; South 08°37' 47" West, 94.35 feet; Along the arc of a curve to the right whose radius is 283.48 feet and whose long chord bears South 24°38' 54" West, for a distance of 156.45 feet; South 40°40' 01" West, 587.94 feet; Along the arc of a curve to the left whose radius is 748.72 feet and whose long chord bears South 35°06' 15" West, 145.16 feet; 0 South 29 32 '29" West, 271.50 feet along the Westerly right-of-way line; Thence North 89°39' 42" West, leaving said Westerly right-of-way line, 254.89 feet; Thence South 00°05'43" West, 2.00 feet. Thence North 89°39' 42" West, 330.00 feet to the North-South centerline of said Section 11; Thence North 00005'43" East, along said North-South Centerline, 1,057.28 feet to the Center of said Section 11 and the True Point of Beginning (T.P.0.B. ) . Said described parcel contains 23.304 acres , more or less , and is subject to any rights-of-way as granted or reserved by instruments of record or as now existing on said described parcel of land. February 7, 1982F ESE\ - 'R�- COL� 'A'I •P.E. & L.S. �+5�4 F' [Ke.044 : ERE .�F 1. I do hereby certify that I have prepared the above lega descriptitn4' I *:y4392 *1 r8 // p ir x\fivaiNEEcts .. z 9,vOui W Ow I - . it ,..._.c._�� f 1 it \ >Q r ii i W ,, t. o, 6b a/.7.-,, I , a. , ,11 • M 5 9 .8 ty , ;.r kiet . I �� 3 I \""11 11 I ti mss.,\ 't r. 2 w t. �t — in — 1 �, ran Z Z G I--. \ yt,t \v� .Th- <d a al ) I N V .. ti( a ` N Q/ ' • ' `.t„`t � L to C D Li �4 M `t a I\ J•-M ‘ Q a LN. 11 , �w eTh 341 �� V tit rro I � o EXHIBIT C Township 65 West of the 6th Principal Meridian , Weld County , Colorado, more that part of the NE4SWs and the NWLSE4 and the NElSE* Section 31 , 6 North , Range specifically described as follows : Considering the East line of said described herein ec- tion 31 to bear South 00°00' 00" East and with all other bearings being relative thereto, and beginning at the Ed corner of said Section 31 , thence f .33 South 00°00'00" East along the Es line tJoft said diStctSection ce o316a3dist distance the lifeet to a point , thence l4North 89°32 ' 30"!i of the Weld County Records , thence South line described in soak e10 at Pape 32 feet thence South 73° 12 ' 52" West a distance of162 . 5 East fe a distance enc of 155 . t2 of !62 . 50 feet , thence North 55°�� ' 00" West a distance of 300 feet , thence North 13°37' 00" West a distance of 335 feet ; thence North 30°39 '00" West a distance of 353 feet , thence South 52°331071 rest a distance of 270 feet , thence South 36° 23' 00" West, a distance uf 478.07 feet ; ence South-44°51 ' l0" West , 278.53 feet to a point where said line intersects the of loft : �orthbank ftiexisting channel of the Cache La Poudre River ; thence South 71 07 0 Vest a dstance ch? n thence South 82°21 ' 20" West a distance of 262.48 feet until said line intersects Pane ne3 of the the North lihe of that parcel of land described in Book 373 at 4 DO Weld County records , thence North along the North o 0 West a distance lineofaidpcelNorth 77.2 53'00" West a distance of 687.85 , thence North 55 feet , thence North 65°16' 30" West , a distance of 129.8 South 0 feet ,0" thencst e distance of 57 .9O West a distance of 208.50° f0"eWesthandistance of 271580_feet to a point the e0 feet ,i thence it South 89°18' 50" thence where said line intersects the West line of the NEISW>: of said Section 31 , North 01°11 ' 10" 53'4 " distance of 3970.83 feet along 36 along the West theline North line of thence } South 3d°t30 East a distance the NELSWL, and the NW>:SE4 , and the NE�SE>; to the point of beginning. Said parcel includes Irrigation Well Reg. #29-11874 , R.F. 200" , forming a part of the Larimer-Weld Augmentation Plan. 1 � r / 4-,- c7-70.1 ) I et.J 7,........, 1/4\,‘ 1// )to 1 r t� 1 a ',k, a! M �9 a (� � A. ©c I� v 3 ^ ti) ' ..' . n l IN 1.� N Pz a1 ih S �1 e7 ,....... CD to +w h -° J Sr: s ' c w CI l . } iiy f € 5. _II ft WL ! .. dfc > ‘ 1p_ Yk sy.. N. V \ I a "`tv � ? H� d v — V ` ( < , • ' _ ct tt �\ ` 11 QI .xid \ i/ v bI eiN .a a. C.)— -FIX zJin 2. 2 ti , . a i 2d M • M t Stp ASSIGNMENT OF CONTRACT TO TRADE REAL ESTATE '%9 tj� �46. c �Vr WHEREAS, on the 25th day of January , 198 ?.9.0.. c'.5"0 N e/ a certain business contract was made and entered into by and U between Richard H. and Francis Geisert and Weld County Board of Commissioners covering the following described property in the County of Weld , and State of Colorado to wit : (See Legal Descriptions attached as well as copy of resolution and contract) NOW THEREFORE, for and in consideration of value received , the receipt of which is hereby acknowledged, the undersigned assigns, transfers, and sets over to the First National Bank of Greeley, Greeley, Colorado, all of the. undersigns rights , title, and interest of the attached original contractor collateral purposes specifically related to a certain exchange for Real Estate in the amount of Even Trade chmuteflanzealirxxiaxiMaitthothROPIckkrAktxttnix WaVattyzataxaxxxlasmotoceirimSbocommattiving and Amaximxtilxxxx with closing date to ho mntnally agreed hPturean • all parties concerned IN WITNESS WHEREOF, the undersigned owner and assignor have signed and sealed this instrument this 26th day of January 19 82 /C-AP ' .'IL _ Richard H. Geisert State of 6e(6 4-111-t' ) � County of /cc2 cL 2 ) as. X T� �rPi7d j� .�. Francis M. Geisert The fore , ing instrument was acknowll�ged before me this ,�' -- __ day of ail >tGt • Mit'bY ,tee,/,‘‘,6_, 7/1.-47,_,,- -z' cc, Witness my hand and official seal My commission expires: :J'a.-r/ ,i e, i�, ' '% ps-x2.2;7: . /, _ -- - Notary Public (_34;0 .1/212 /o i / RELEASE OP ASSIGNMENT OF CONTRACT TO TRADE REAL ESTATE KNOW ALL MEN BY THESE PRESENTS , That Whereas , Richard H . and Francis M. Ceisert of the County of Weld in the State of Colorado , by Assignment of Contract to Trade Real Estate dated on the 25th of January, A.D. 1982 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld , in the State of Colorado, on the 3rd day of February , A.D. 1982 , in book 0960, Reception No. 0188/963 of the records in said office; AND WHEREAS , whereas consideration for the assignment of contract to trade real estate has been fully satisfied , THE FIRST NATIONAL BANK OF GREELEY does hereby relinquish any right , title and interest in the assignment of the contract to trade real estate between Richard H . and Francis Geisert and the Weld County Board of Commissioners . Please execute this release of the assignment of said contract . THE FIRST NATIONAL BANK OF GREELEY BY: Delores M. Schimpf Assistant Vice President State of Colorado ) ss . County of Weld ) The foregoing instrument was ack owledged before me this 12th day of February, 1982 , by A, yeyf, 4��i„ 1{/ of THE FIRST NATIONAL BANK OF GREELEY . Notary Pub is Witness my hand and official seal . /6 .s 97/ My commission expires : Cw''.L G3/ My Ccrnm:is_icn G-:�:res (30) s i - /Gs/ Addendum to Contract to Exchange Real Estate (without valuations) dated January 8, 1982 between Weld County by Board of County Commissioners , FIRST PARTY and Richard & Francis Geisert, SECOND PARTY. CLARIFICATION OF AGENCY In conjunction with the above referenced Exchange Contract, this addendum shall serve as official notice to all principals and closing agents that E. R. Austin dba Austin & Austin Real Estate is the listing agent and acting broker for Weld County by Board of County Commissioners, First Party, under terms of an Exclusive Right to Sell Listing Contract. In accordance with terms of a separate commission agreement, he shall be paid the sum of $32,600.00 by the First Party on the date of closing and delivery of deeds. E. R. Austin dba Austin & Austin Real Estate did not have an agency contract on the property of the Second Party, Richard and Francis Geisert. His representation for them was limited to typing the trade contract in accordance with terms and conditions as a result- of negotiations between Mr. Gary Sears representing the Geiserts and Mr. Charles Carlson , Chairman of the Board of Weld County Commissioners. By request, E. R. Austin was not in attendance at the negotiation sessions. Therefore, E. R. Austin is not receiving a commission from the Second Party as he did not represent — them asttlieir real estate broker.- - _ ACKNOWLEDGEMENT OF PRINCIPALS : AUSTIN & AUSTIN ApREAL ESTATE __ a,//--ea. E. . A stin, Bro e BOARD OF WELD COUNTY COMMISSIONERS (First Party) Date RICHARD GEISERRT. & FRANCIS GEIS RT (Second Party) ( Date Richard Geisert � / E if 7 Gem /c `9/7)/fr ' Lrancis Geisert Date WELD COUNTY T LE COMPANY e 1221 - 8TH AVENUE, GREELEY, COLORADO 80631 (303) 356-3232 METRO (303) 623-3232 February 12, 1982 WB 2776 and WB 2777 Weld County/Geisert In reference to the Contract to Exchange Real. Estate (without valuations) , between Board of Weld County Commissioners (first party) and Richard and Francis Geisert (second party) dated January 8, 1982 and any attachments thereto: The undersigned hereby acknowledge, ratify and confirm that the trans— action was closed by Weld County Title Company according to the above referenced contract and subsequent verbal instructions, given by first and second parties, including but not limited to said parties being responsible for such items as; personal property tax, gravel mining permits, stockpiled material, acknowledgment of Property Lease to Darold and Betty Law, possession dates, removal of mined material , insurance proceeds, exact boundary, acreage and legal descriptions, irrigation wells and pumping equipment transfers and subdivision exemption. We therefore indemnify Weld County Title Company and/or E.R. Austin dba Austin & Austin Real Estate for failure to do the same at said closing. Austin & Austin Real Estate � (::6 /' t1 E.R. Austin Aroker date Board of Weld County Commissioners (First party) /44�f i. /)7/Z,' X/ -`-/<-/tom G chairman of/the board date R2ichard Gei,sert and Francis Geisert (Second party) e �414.rq rt !T-CF. 1.--9 cc-)/%24-^i•2a, ".,...)2,„„c ,.J' 2//'c ' Richard Geisert /2 date ' /t /r /c .'.c . ge .4i•,(--/ '1/7 _,//P-1--/ Francis Geisert date REPRESENTING CHICAGO TITLE INSURANCE COMPANY - - -- --- Greeley, Colo., February 12 ]9.---82 the undersigned does For value received / hereby sell, assign and transfer unto Richard Geisert and Francis Geiser all right, title and interest in and to three-..(-3) shares of the capital stock of The Ogilvy Irriga:ing and band Co. as evidenced by certificate the undersigned does No 4R3._ of said company. And f hereby authorize and empower the secretary of said company to. cancel said certificate and issue a new certificate or certificates to effectuate this transfer on the books of the company. Co y of Weld, tate of Colorado In presence of �' 21,41.:,_e_C 771 e , lt.--k\. acmcwlikinson printery ® inc. Greeley, Colo., February 12 1982 the undersigned does Richard Geisert and Francis For value received / hereby sell, assign and transfer unto Geisert shares o the capital stock of all right, title and interest in and to fifteen ..(15.) f The Delta Irrigation Company as evidenced by certificate the and rsigned does No 261 of said company. And hereby authorize and empower the secretary of said company to cancel said certificate and issue a new certificate or certificates to effectuate this of Co lorado ro n the books of the company. County Weld, /22`Z� In presence of /) ----v'ci_.:x.�..- ..-:vim 7 J � C/ acmcwllKlnson printery ® Inc. Weld County Title Company it--:.-#7._7-77-7) 1221 8th Ave. Greeley,CO.80631 • (303)356-3232 Metro623-3232 Party of the 1st part STATEMENT OF SETTLEMENT smitamsmocRtmeutsmanc PROPERTY ADDRESS Party of the 1st part Party of the 2nd part 4;Gvugix County o₹ Weld, State of Colorado MityapplAWN Richard and Francis Geisert SETTLEMENT DATE February 12, 1982 DATE OF PRORATION February 11, 1982 Part of Sections 1 2, 11 and 12, Part of Section 31 Township 6 North, LEGAL DESCRIPTION: Township 5 North Range 65 West of Range 65 West of the 6th P.M., Weld the 6th P.M. , Weld County, Colorado. County, Colorado. Debit Credit 1. Selling Price 2. Deposit, paid to 3. Trust Deed, payable to 4. Trust Deed, payable to 5. Trust Deed, payoff to 6. Interest on Loan Assumed 7. Title Ins. Premium owner' s 1.037 00 8. Abstracting: Before Sale 9. After Sale 10. Title Exam. by 11. Recording: Warranty Deed 6 00 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 50 00 16. Certificate of Taxes Due 1..5 00 17. Taxes for Preceding Year (s) 1981 paid in full 18. Taxes for Current Year 1/2 of 2982 now due 190 53 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins. Prem. Assumed—Policy No. Co. $ Yr. Term Expires Premium $ Days Unused at ¢ per day 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FHA Mortgage Ins. Assumed 26. FHA Mortgage Ins. Reserve 27. Loan Service Fee (Buyer) 28. Loan Discount Fee (Seller) 29. Interest on New Loan 30. Survey and/or Credit Report 31. 3QRRK4dn56tl@ Ogilvy Irrigating and Land assessments 105 00 32. Itkitmostomflorm Delta Irrigation transfer fee (2 shares) 5 00 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee • flat 32.600 00 38 Water Augmentation for gravel. pit 4.000 00 Sub Totals 34.008 53 4,000 00 Balance due tSe{from r Party of the 1st part 30,008 53 Balance due to/from Myer TOTALS 34 008 53 30 008 53 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED Party of the 1st part `�/ t �R n i //J,i .<s-„ Broker Party of the 1st part - y favgbetut s /-r l/! By / ' 7 / . No.ss.eu.7•71 Statement of Settlement• Closing Agent for Weld County Title Company The printed portion.of thin form appred by the .d,..d� o.iss-en-uq WCT 003 STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD MINED LAND RECLAMATION DIVISION Room 423 , 1313 Sherman St . Tel . 303/839-3567 Denver, Colorado 80203 REQUEST FOR TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS I . RECITALS A. On October 10 , 19 78 the Mined Land Reclamation Board or Division of the Colorado Department of Natural Resources ( "the state") granted to Richard Geisert/D & F Enterprises County of Weld and State of Colorado ( "permittee" ) permit number 78-210 ( "the permit" ) pur- suant to which permittee has been conducting a surface mining operation in the County of Weld , State of Colorado . B. Permittee wishes to assign the permit to Weld County of Weld County , State of Colorado , as successor operator ( "suc- cessor") and successor wishes to become successor permittee under the permit . C. Successor understands that the reclamation plan ("the plan" ) required by the permit and by applicable state laws and regulations has not been completed and is willing to assume full responsibility for the completion of the plan. II . AGREEMFNTS Permittee and successor hereby agree , for their own benefit and for the benefit of the state , such agreements to be effective ipso facto upon the approval by the state of the transfer of the permit from permittee to successor, as follows : 1 . Successor has inspected the mining and reclamation opera- tions to its entire satisfaction and s fully aware of the con- dition thereof. Successor understands and accepts all of the con- ditions of the permit . 2 . Successor will complete the reclamation plan , and hereby assumes liability for completing such plan as to all areas hereto- fore disturbed as well as to all areas hereafter disturbed. Suc- cessor will perform all of the obligations of the permittee under the permit which have not heretofore been performed by permittee . 3. Successor hereby tenders to the state its attached reclama- tion bond* with surety therein described, which is to be substituted for the bond and surety heretofore filed by the permittee effective upon the release of the latter bond and surety . * Attach executed reclamation bond . 4 . Successor represents to the state that to the best of its knowledge , information and belief it is not in violation of any of the provisions of the Colorado Mined Land Reclamation Act or the Colorado Surface Coal Mining Reclamation Act with respect to any other operation conducted by it in the State of Colorado . Permittee and successor hereby request the state to consent to the assignment of the permit , to recognize successor as suc- cessor operator under the permit and to accept the tendered sub- stitute bond and surety in place of the bond and surety presently on file with the state. EXECUTED this 10 day of February 19 82 . Richard Geisert/D&F Enterprises Name of Permittee Name of Successor �Iu -el .4 uL U-r7 JejGc t. r .4(16 co LC CIL Ly�.cl -cT By_ 7/>/eL 2 -._1e By Signature of Officer Signature of Officer /lent _ Title Title Permittee Successor Operator ) STATE OF nib ZR ) ss . COUNTY OF 7(,),_k,) ( ( • ) The foregoing instrument was acknowledged before •me .this I,- "c•day of a. )( rt t , 19 r)=., by _ ci l: Ic, hF- / a3 -(�({•: t,, O f / %/ C,, 1: ✓r,/ (, (0( 11 (1c)( CJ (1 f) ,\ r (/ C7f '\ l� 1 (1�•� 7c -y_ NOTARY PUBLIC My Commission expires : � ' er(�. - Xi/ STATE OF ) ss . COUNTY OF ) The foregoing instrument was acknowledged before me this day of __, 19 by as of NOTARY PUBLIC My Commission expires : • -2- CONSENT OF STATE ( a) Consent is hereby granted to the transfer of the permit above referred to from to (b ) is hereby recognized as successor operator under such permit . (c) The bond substitution above proposed is hereby accepted and approved. STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD MINED LAND RECLAMATION DIVISION Date : By (Title) • ADD GR 4019 N639 ' L1 Blk 171 Ar D.• s-,- 74,144;1! 1iIXI 47! "7? jti: 1 0600 62080331401003 L &g q fsT: 40 40 . 081272 I a • j »., #RE%IST ' ,4''.. .. "N:•1ST. , , • a. •' ",. PAID BY CLERK / / 138 AMOUNT 1ST HALF 2ND HALF TOTAL 3 . 26 Geisert.' Richard & Francis P O Box 1265 PENALTY &COSTS Greeley, Co 80632 CHECKS& DRAFTS ACCEPTED TOTAL AMT. RETURN BOTH 4 SEE REVERSE SUBJECT TO COLLECTED REMITTANCE c INSTRUCTIONS COPIESWITH r; r4,11IFO . •. FINAL PAYMENT ONLY YOUR CANCELLED CHECK IS YOUR BEST RECEIPT - IF YOU NEED OUR RECEIPT PLEASE CHECK HERE MAKE CHECKS PAYABLE TO --.------- 19434-TAX NOTICE 1 FRANCIS M. LOUSTALET ET IF LOAN COMPANY IS RESPONSIBLE FOR THIS 17 s j` 4 G WELD COUNTY TREASURER . . TAX,RETAIN THIS BILL FOR YOUR FILES. / P.O.BOX 455 GREELEY,COLORA0O 80632 PHONE:356-4000 as ADD 13825 Li-2 & Pt L3-4 NE SWa 31 6 65 N of old J yA cE NUMBER INjJ O• � � channel Pourdre River ..rr ,<-. ' 62080331300017 0632 i UTAtieW `+J-'•ANDN MpS.'}ORVEfl1 1.EVYi41$ -GiNERAL*I.' SCi10dC' WATEflDIS 150 150 . 082305 ',.;.'OINNVISOMMADIRE,OIST'.` SAN.XOIST;1Ii`.✓f� "1Fa COLLEGE*M `SPECIAL RED:olfWATER `Y,nbiltr MISC 1100 • PAID BY CLERK / /19E AMOUNT 1ST HALF p 2ND HALF Geisert Richard & Francis TOTAL 12 . 36 P 'O Box 1265 Greeley, Co 80632 PENALTY &COSTS 4' ETURN BOTH A SEE,REVERSE 6 CHECKS& DRAFTS ACCEPTED TOTAL AMT. COPIES WITH 44•AIS'FOR`r 1'[ SUBJECT TO COLLECTED REMITTANCE INSTRUCTIONS FINAL PAYMENT ONLY /OUR CANCELLED CHECK IS YOUR BEST RECEIPT-IF YOU NEED OUR RECEIPT PLEASE CHECK HERE TAX,RETAIN THIS BILL FOR YOUR FILES. __._ - "- PHONE: 35640[X1 ____- = ADD L 13824 L1 & 2 NEgSE; 31 6 65 . 7, i x ;; ‘•15T1N•' 62080331401002 p632 • 3260 160 3100 . 082305 E y 11T ' •CLGE '%c„ . •.FL�IAL., .: • a •..WATE ... ,;".•� ." �1- PAID BY CLERK — / /198 AMOUNT 1ST HALF 2ND HALF TOTAL 268 . 32 Geisert Richard & Francis • — p O Box 1265 Greeley, Co 80632 PENALTY &COSTS "ETU N :NTH �y a ISLE EVE SE..� CHECKS& DRAFTS ACCEPTED TOTAL AMT. COPIES WITH.; '� W j ai• SUBJECT TO COLLECTED NLY OUR CANCELLED CHECK IS'YOUR BEST RECEIPT - IF YOUO NEEDAL OUR RECEIPTMENT OUR PLEASE CHECK HERE 1984 TAX NOTICE MAKE CHECKS PAYABLE TO IF LOAN COMPANY IS RESPONSIBLE FOR THIS /�b/Z. � Ccf!/ / FRANCIS M. LOUSTALET TAX,RETAIN THIS BILL FOR YOUR FILES. WELD COUNTY TREASURER P.O.BOX 458 GREELEY,COLORADO 80632 "Sp7H," PHONE: 356-4000 ADD 13826 L1 to 4 NWaSE4 31 6 65 N & W of Poudre R � ., p ^ scH• exc that Pt L3 N Old Poudre R bed & S New Channel 1"r' ?_.. ARCELtNUMBER��; " :;,0ON �NOz, ISLa 62080331401001 0632 ��, ,a,„'�f-a�iL� r.n '�`T..iBGENERAIr" y9'�. jSCHOOL�"Rrs�WATERDIS �/ALt�ATIDN�J..ph � �. Il'AND1��'� Ie NIPS.1bR PER �-'�, '1''a EV V�'",�"'�':.� °f 1180 1180 ; 082305 ':+..•WN W,�1 ". -i' 'Ft7E"FIST I"!*SANi .ist rfl?.) 'C•LLEGE4$S hPECI•L ':' RE. . • WATERj�%F '- PAID BY CLERK / / 198 AMOUNT 1ST HALF 2ND HALF TOTAL 97. 12 Geisert Richard & Francis P O Box 1265 Greeley, Co 80632 PENALTY&COSTS '. ETURN BOTH EE REVERSE; CHECKS& DRAFTS ACCEPTED TOTAL AMT. K. COPIES WITH .- :FOR e' SUBJECT TO COLLECTED REMITTANCE t INSTRUCTIONS gt FINAL PAYMENT ONLY 'OUR CANCELLED CHECK IS YOUR BEST RECEIPT —IF YOU NEED DUR RECEIPT PLEASE CHECK HERE 4 i ,_J< Li . 2 NL4el 4 31 ;,S 1, 1k ) PHONE 356-4000 %Vi-7, 0 11 AV ,080331401002 0632 RE 6 `tilter'77--.-......"1• .- 1..':'_._•-F �k'�R •IST 23, 170 1 , 37( 21 , 80( 82. 305 397 .88 1 , 088 .7 '; 139 .02 • . , , u - _...A ' • ':'�:'.„. • W,fs, • .•. .ToMl', • � • : 'il'YL,3i]. .P,,' r K7 186. 13 95 . 22 REAL ESTATE PAID BY CLERK / /198 AMOUNT 1ST HALF 953 . 51 2ND HALF . .`.,-, .5:) I GEISERT RICHARD & FRANCIS TOTAL 1 , 90 '1 . 02 P 0 BOX 1265 GREELEY CO 80632 PENALTY &COSTS RETURITROTH,'x EEREVERSE. CHECKS& DRAFTS ACCEPTED TOTAL AMT. 'COPIES WITH Ilk. 'I"x'FOR '✓ g: SUBJECT TO COLLECTED REMITTANCE i,• .INSTRUCTIONS;, : FINAL PAYMENT ONLY IR CANCELLED CHECK IS YOUR BEST RECEIPT - IF YOU NEED OUR RECEIPT PLEASE CHECK HERE 1981 TAX NOTICE MAKE CHECKS PAYABLE TO IF LOAN COMPANY IS RESPONSIBLE FOR THIS FRANCIS COUNTY OUSTALET X TAX,RETAIN THIS BILL FOR YOUR FILES. P.O.BO 458 GREECE Y,COLORAR DO 80632 1010-61- 13826 Li TO 4 NW4SE4 31 6 65 N & W OF POODRE I PHONE: 356-0000 23546 EXC THAT PT L3 N OLD POODRE R BE:I) & S NEW ti raux c Amos ";-. -«` SCH004" ARCFFCw �h7 tip UNl7 NO -4,-, . .+IS ` x rt.:••..MST>NO. 080331401001 0632 RE 6 aTA'JION SI 3.ANDSivi'iOR'AER: 1 .,; .tEVVs ,iytivt thERALfla,SCF`1odin;d WATER'OISTS'M! 10, 030 10 . 031. 82.305 172.24 471 . 31 60 . 18 •WN 'wr 1 E:l•IST.� va' 5"�;' .N:•IST:'nSA'F•`I{°J'.'C'LLEGE•Y't?iir�fy' ,'SPECIAL -?.�.. , • •'E•:�•.. • WATE :Y'.�' MISC:"'-w, ,A• 80'.5-. . 41 .2•. REAL ESTATE PAID BY CLERK / /198 AMOUNT 1ST HALF 412 . 76 2ND HALF 412 . 76 GEISERT RICHARD & FRANCIS TOTAL 825 . 52 P 0 BOX 1265 GREELEY CO 80632 PENALTY&COSTS k RETU N ••TH:A', SEE:•EVERSEivw CHECKS& DRAFTS ACCEPTED TOTAL AMT. JC• IES WITH ti F• 4 SUBJECT TO COLLECTED 'EMITTANCE; ° NST UCTI•NS FINAL PAYMENT ONLY +R CANCELLED CHECK IS YOUR BEST RECEIPT - IF YOU NEED OUR RECEIPT PLEASE CHECK HERE 080331 401 003 060u I?E:: 3641 36(1 81 . 272 I 6 . 10 1 6 .9 . 3c A .3? ., i . 41: RE Al EST AIL PAID BY - - CLERK / / 198 AMOUNT 1ST HALF 14 . 6; 2ND HALF 1 4 . :i: GE::IS'E:RT RICHARD & FRANCIS TOTAL 27 .x'; P 0 BOX 1 265 PENALTY&COSTS GREELEY CO 80632 7 - .p CHECKS& DRAFTS ACCEPTED TOTAL AMT. RETURN BOTH .+ SEE REVERSE , k SUBJECT TO COLLECTED ° a REMITTANCEINSTRUCTIONS ""..` FINAL PAYMENT ONLY YOUR CANCELLED CHECK IS YOUR BEST RECEIPT - IF YOU NEED OUR RECEIPT PLEASE CHECK HERE 1981 TAX NOTICE MAKE CHECKS PAYABLE TO IF LOAN COMPANY IS RESPONSIBLE FOR THIS FRANCIS M. LOUSTALET TAX.RETAIN THIS BILL FOR YOUR FILES. WELD COUNTY TREASURER yAiN, P.O.BOX 458 GREELEY•COLORADO 80632 13825 I._1 -2.. & PT L3_..4 NE4SW4 31 6 65 N OT OLD PHONE: 356-0000 235 CHANNEL. I'OUDRE RIVER �t eesaa 'FY~L* ARC L NUMBER I�IT.NO CH° . :�. a c,.. tY:.n DISTv 000331300017 0632 RI- f. i/ALUAT.0N : '. .. ANo WiletidiNgfrAntORPER;e47+'C444EVY5 $u dC- rGENERALt°. „'A.'p CWOOL ni '¢WATERDIST 1 , 269 1 , 26( 82 .305 21 .64 '?9 . 2( .1 . 5(` ..W •,.WN'4 • . )•E£.IST. . , ..J'IN �IST. 'iw ':C.LLfGE .. '•.•ra�.SPEC1A1iYS+� -E•'Y• -,WAkT.E' -';< 1- i 0 . i 1. j . it REAL ESTATE PAID BY , CLERK , / / 198 AMOUNT 1ST HALF 51 .£.I` 2ND HALF 51 .0` GEI.SERT RICHARD L. 1-RANCI.S' TOTAL 103 .71 f O BOX 1265 PENALTY &COSTS GREEL..EY CO 80632 ETURN BOTH " 9SEE REVERSE r ', CHECKS& DRAFTS ACCEPTED TOTAL AMT. ae, "COPIES WITH c i?.4. FOR .+.' *^ 1' SUBJECT TO COLLECTED REMITTANCE + INSTRUCTIONS fir: FINAL PAYMENT ONLY (OUR CANCELLED CHECK IS YOUR BEST RECEIPT —IF YOU NEED OUR RECEIPT PLEASE CHECK HERE *ea aunt COVNISMONUM MAR 171982 LEGAL DESCRIPTION anger , cati Portions of Sections 1, 2, 11, & 12, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the Northeast Corner (NE COR) of said Section 12, Township 5 North, Range 65 West of the 6th P.M. , and considering the North line of said Section 12 as bearing North 87°45'19" West, with all other bearings contained herein relative thereto; Thence South 00°22'26" West, along the East line of said Section 12, 1630.62 feet to a point 1000.00 feet north of the East Quarter Corner (E 1/4 COR) of said Section 12; Thence South 71°23'24" West, 2844.50 feet to the center of said Section 12; Thence North 88°02'09" West, along the East-West centerline of said Section 12, 2687.66 feet to the West Quarter Corner (W 1/4 COR) of said Section 12; Thence South 89°21'05" West, along the South line of the Northeast Quarter (NE 1/4) of said Section 11, 753.81 feet; Thence North 13°19'32" East, 386.46 feet; Thence North 07°42'14" West, 169.00 feet; Thence North 59°09'04" West, 129.05 feet; Thence South 61°53'19" West, 217.11 feet; Thence North 22°35'49" West, 22.27 feet; Thence South 63°42'26" West, 259.09 feet; Thence South 83°50'07" West, 20.83 feet; Thence South 02°15'46" East, 194.13 feet; Thence South 28°24'48" West, 247.12 feet to a point on the Westerly right- of-way line of County Road; Thence along said Westerly right-of-way line by the following course and distance: Along the arc of a curve to the left whose radius is 79.45 feet and whose long chord bears South 40°59'06" West, for a distance of 8.71 feet, more or less, to the point of intersection of the South line of the NE 1/4 of said Section 11 and the West right-of-way line of County Road; Thence South 89°21'50" West, a distance of 1278.89 feet, more or less, to the center of said Section 11; Thence South 89°36'17" West, along the South line of the Northwest Quarter (NW 1/4) of said Section 11, 2645.08 feet to the West Quarter Corner (W 1/4 COR) of said Section 11; Thence North 00°25'31" East, along the West line of the Northwest Quarter (NW 1/4) of said Section 11, 1373.95 feet; Thence South 88°53'39" East, 1321.83 feet; Thence North 00°23'48" East, 641.34 feet to the centerline of the Cache La Poudre River; Thence along said centerline of the Cache La Poudre River by the following two (2) courses and distances: North 53°08'43" East, 157.56 feet; North 08°18'09" East, 106.32 feet to the intersection of the center- line of Cache La Poudre River and the centerline of Sand Creek; Thence along said centerline of Sand Creek by the following three (3) courses and distances; North 02°46'48" East, 198.60 feet; North 12°31'19" East, 171.90 feet; North 08°19'47" East, 149.00 feet to the intersection of the center- line of Sand Creek and the North line of said Section 11; Thence North 89°57'58" East, along said North line of Section 11, 2437.24 feet to the Northwest Corner of the NE 1/4 of the NE 1/4 of said Section 11; Thence North 01°14'13" East, along the North-South centerline of the SE 1/4 of said Section 2 to the North right-of-way line of the Ogilvy Ditch; Thence along the North right-of-way line of the Ogilvy Ditch to the inter- section of said North right-of-way line and the East line of Section 2; Thence North 01°15'22" East along said East line of Section 2 to a point which is South 01°15'22" West, a distance of 162.50 feet from the inter- section of the South right-of-way line of Colorado State Highway 263 and the East line of said Section 2; Thence South 88°18'20" East, a distance of 2679.46 feet to a point on the East line of the SW 1/4 of Section 1; Thence North 00°48'52" East, a distance of 228.84 feet to a point on the North right-of-way of the Ogilvy Ditch; Thence along said Ogilvy Ditch by the following nine (9) courses and distances: South 60°27'54" East, 214.30 feet; South 43°04'04" East, 152.37 feet; South 81°54'06" East, 63.15 feet; North 63°58'36" East, 127.25 feet; North 34°58'39" East, 382.62 feet; North 77°55'06" East, 188.75 feet; North 79°34'32" East, 402.37 feet; North 77°44'23" East, 135.50 feet; North 50°17'42"East, 103.06 feet; Thence South 06°19'15" East, leaving said North right-of-way line, 702.00 feet; Thence South 86°41'43" East, 1118.00 feet to a point on the East line of said Section 1; Thence South 00°07'59" West, along the East line of said Section 1, 1217.20 feet to the Southeast Corner of said Section 1, said point being the Point of Beginning. Said described parcel of land contains 765 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Also an easement for egress and ingress 20' in width located along the East 20 feet of the East line of the Southeast Quarter of Section 2, Township 5 North, Range 65 West extending from the South right-of-way line of Colorado Highway 263 South to the North right-of-way line of the Ogilvy Ditch. February 7, 1982 J ER F SE OLD ' i0 P.E. & L.S. No. 4392 I do hereby certify that I have prepared the above legal description 4 •• `S . I: p s * H 4392 * • � �oy 4 pt•� �. 4�j•74;:lNEER ° 'QC' "' -C • • A— ( • 1. �� : .` �3�11 ( tiU CO — d i \ 11 clt 0 'M t'9.8 , 66 a'Jm 1 :4-;!,1.-s- �i 'M 5 9 ' � .� �; k •\ I M �\ 00 .i }}', i , .3 . t. i' '& y% 21:. ::‘.,.,' .1,k‘i,: . ,W.kif. tt 7e ,......-'"'- • v ti r fi is I'+. 4,•.. 4a \� {_ 0 1 i Acs . v`►` I� :is en 4 "i rs Li' ii w i Zir 4'2/77 \ , o �r F a ^ • V \ n. \ i. c‘i 8 c � / C.) • of 1 3 « : ... V v ty i. tciv O ff' Q • ). t, 1 f6' a:1177tn d t. C: ,' I OIn M c IRb ll t PARCEL 41 LEGAL DESCRIPTION All that part of the Northwest Quarter of the Southeast Quarter (NWq SEa) of Section 11, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the West Quarter Corner (Wa Cor) of said Section 11 and considering the West line of the Northwest Quarter (NWq) of said Section 11 as bearing North 00°25' 31" East and with all other bearing contained herein relative thereto; Thence North 89°36' 17" East along the East-West centerline of said Section 11 , a distance of 2,645.08 feet to the True Point of Beginning (T.P.0.B. ) ; said point also being the Center Corner of said Section 11 ; Thence North 89°21 ' 50" East, a distance of 1 ,278.89 feet, more or less , to a point on the Westerly right-of-way line of a county road; Thence along said Westerly right-of-way line by following six (6) courses and distances : Continuing along the arc of a curve to the left whose radius is 79.45 feet and whose long chord bears South 23°14' 13" West, for a distance of 40.07 feet; South 08°37' 47" West, 94.35 feet; Along the arc of a curve to the right whose radius is 283.48 feet and whose long chord bears South 24°38' 54" West, for a distance of 156.45 feet; South 40°40' 01" West, 587.94 feet; Along the arc of a curve to the left whose radius is 748.72 feet and whose long chord bears South 35°06' 15" West, 145.16 feet; 0 South 29 32'29" West, 271.50 feet along the Westerly right-of-way line; Thence North 89°39'42" West, leaving said Westerly right-of-way line, 254.89 feet; Thence South 00°05'43" West, 2.00 feet. Thence North 89°39!42" West, 330.00 feet to the North-South centerline of said Section 11; Thence North 00005'43" East, along said North-South Centerline, 1,057.28 feet to the Center of said Section 11 and the True Point of Beginning (T.P.0.B. ). Said described parcel contains 23.304 acres , more or less , and is subject to any rights-of-way as granted or reserved by instruments of record or as now existing on said described parcel of land. February 7, 1982 JA' • F ESE ,,,,, C0Li •A►s P.E. & L.S.;t -WiR?FkEFP, I do hereby certify that I have prepared the above lega descriptian/i A 9 *Em 4392 W' i • it'•N � * z, o -e4/64 94 5 e 64,lNEEF e.•• 9�eOiiu..... E. ___iD I iI k// .. .9 ir . CO d r y Z li / 1 1 // 1ti} M i h .•\ Ql tZ "M59 '8 / • b a 11 • it A!s' :r" � y �% 00 - 4 Y1�t�. I� t V ` ,� ,- 7▪ d — 'v rS • 1 `v-r`r,-`ici f I — �-1 I. M Z Z j J ' f 1{ k'C�� — < I' r T 1 • - fi% s• .1...7.:7:4:14:13:L::::4;1:1 %\‘‘.......‘ '"\-7/ ' c TO 1 Y x • 5 tfrr�-4 C) I: 4.-- /A& dV>r2 --h v �; h1� ! x 1(( v X v c a 1 .v — 8 M e `p l ///�/ / i � CII 1 [J 0' - y � '. 'V A 's(13 .-y.. i � ,` ry.. ___ •~ 5,4 d it, I 4, t PARCEL #2 LEGAL DESCRIPTION A twenty (20) foot access road located in that part of the Southwest Quarter (SWq) of Section 11, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the West Quarter Corner (Wa Cor) of said section 11 and considering the West line of the Northwest Quarter (NWa) of said Section 11 as bearing North 00O25' 31" East and with all other bearings contained herein relative thereto; Thence North 89°36' 17" East along the East-West centerline of said Section 11, a distance of 1316 .04 feet to the True Point of Beginning (T.P.0.B. ) ; Thence North 89°36 ' 17" East, a distance of 20.00 feet; Thence South 00°06' 14" West, a distance of 1286 .42 feet, more or less, to a point on the North ROW line of East 18th Street; Thence North 89°39' 42" West, a distance of 20.00 feet along said North ROW line; Thence North 00°06' 14" East, a distance of 1286 .16 feet, more or less, to the True Point of Beginning (T.P.0.B. ) . Said described parcel contains 0.591 acres , more or less, and is subject to any rights-of-way as granted or reserved by instruments of record or as now existing on said described parcel of land. February 7, 1982 Mlle sit ER REESE es? < ,r C L ADO P.E. & L.S. �1Pn [•asrc fo•S<<. . 1 0 041 I do hereby certify that I have prepared the above 1 al description*C� An 2 ot 9-.19 �N �i P /♦J' `..etm E. .(,*V,. �`q'`+0n*C0L0"�� • ZS" gr-2 I f • \ co ~-` �s 1' U l` r yks �t b 66 ` a%.2M - 11, c M59 ' � .fit y c •••‘‘._____ rI m , `t. I ,- i N 1 i I II V11 t h: h " Y P I� - AE's �`CM I. V H‘jF ` E.. M9 n LIJ it- d']ri It; 91 > '� '� .q\ v I. 6 ,,,,:4-i-,4,11!"v n v v.0. 1 v a ol \ Ni, l to C Q c\-1 8 v CI % I1 yn v T:' 1 �l a � 0 in E.() �I t PARCEL #3 LEGAL DESCRIPTION All that part of the East Half (EZ) of the Southeast Quarter (SEa) of Section 2, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, lying South of Colorado Highway No. 263 and North of the Ogilvy Ditch. Said described parcel of land contains 7.5 acres , more or less , and is subject to any rights-of-way as granted or reserved by instruments of record or as now existing on said described parcel of land. February 7, 1982 ,I1,Sh1 "Fil'FREESE CO P'Al0 P.E. & L.S . NIP. g�'2�s4ERE:�s;`s. t I I do hereby certify that I have prepared the above legal description( �, d'' * *�a 43,2y; An exact acreage will be determined by survey at a later date. . �°yq peg. pA / p1 <' 7J• to \l") 1co • ( ki a� % M 179 .E1 �.�� L, M �9 '2� , 1 N...._ .l 4 � ti mt :1_I g 4 t \ M Z Zrt NI ,� _. �� ` ft 11 CD to Crl ---)/ zfr:An, N J QAf\t ''` 03. I 0 v^ /7 • \-) L:',.; — � \ ,s,- 2 ll _fir cx-7,02 rn as 712 I PARCEL #4 LEGAL DESCRIPTION Part of the Southeast Quarter (SE4) of Section 1 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the Southeast Corner (SE COR) of said Section 1 and considering the East line of said SE4 as bearing North 00°07' 59" East, with all other bearings contained herein relative thereto; Thence North 00°07' 59" East, 1217.20 feet to the True Point of Beginning; Thence North 00°07' 59" East, 315.00 feet; Thence North 44°08' 58" West, 1249.10 feet; Thence South 78°21 '12" West, 421 .76 feet; Thence South 16°41' 19" East, 86.17 feet; Thence South 21°31 '44" East, 213.39 feet; Thence South 09°39' 10" West, 84.09 feet; Thence South 06°19' 15" East, 702.00 feet; Thence South 86°41 '43" East, 1118.00 feet to the True Point of Beginning. Said described parcel of land contains 22 .709 acres , more or less , and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. CnA-021.0%— February 7, 1982 J S'. ' REESE C OR 0 P.E. & L.S. No ' 392 °.��.R FkEFS4o I do hereby certify that I have prepared the above legal descri P 9 PtcT�•FEG�srEaEo.,C(`�^i • * ' m * � 4392 41 ,••• 10% Ze a, a s� ' fa'' R �-' J tiC ..-----7-': / )� 1 -_�._ r> I II .� i i l I ik, L\ 41 Q; Q 'Mt791:1 ; ( � 66 l dtJrn VraYH • 1-. i 11 "1/4., o it e ca ..141F9-1 I . 3 b �_ r w` - i 'r ',I 11 7 -- I I • CO In en W 14 6'...ze,7 4 I: N. v -,t v-,-,,: ..*-,,,-.44.;,,14,, /'l ti k a. 3 U ct CO U "i ,€ A �:3:L•�__ N.3 �1 v:::. .; :t' '1 D V e �tz�,.� . \ sties;.... sv ?» } d % i 4, i Oin d to a t • _. I LEGAL DESCRIPTION All that part of the Northwest Quarter (NWa) of Section 11 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the West Quarter Corner (Wq Cor) of said Section 11 and considering the West line of the Northwest Quarter (NWa) of said Section 11 to bear North 00°25' 31" East and with all other bearings contained herein relative thereto; Thence North 00°25' 31" East along said West line of the Northwest Quarter (NWa) of Section 11 , a distance of 1373.95 feet; Thence South 88°53' 39" East, a distance of 1321.83 feet; Thence South 00°23'48" West, a distance of 1339.31 feet to a point on the East-West centerline of said Section 11 ; Thence South 89°36' 17" West along said East-West centerline, a distance of 1322.54 feet to the Point of Beginning. Said described parcel of land contains 41.174 acres , more or less , and is subject to any rights-of-way (30' ROW for Weld County Road 45) or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. February 7, 1982 \ �� J PE• FREESE OLi •ADO P.E. & L.S. No. 4392 I do hereby certify that I have prepared this legal cription. o``'tFt Fkll"? . Sog S ^�''•C��N),.PF,6ISTEREp•:e•fir I; d e to a * a 4392 N, ,..i J�•a "INEE��l�i�y, ,�.4. E 4; OFCO...o`. N 1 _ -------{-- / ICJ es At • tt \. M t9 'El L . 66 4'..zo, 'M59 'ei ), • ill , . }< h A C at' :liana ,' '� ; �' N 'o _ II t,� nt` 3 v�{ d N • a 1`/ z L{ .:t--1. ` it i II 11? SQ to is/ `, _ �\i \ �� L� Rt '�.: 1 ! a c. .-. \ $ \ ...-..' }-,..,1-61:. , t %:r � �- \ J Q\ .� V > > - ! -] C `, I - ," — a 1` l to \L• t N �� rtw ". CY M S 08 A r 'it. t. 11 p 1. � 7{{� \k. Du o'• _it-��m \ r - I., I ti a ' ll Ln a M \�` g I n ti V _. I Hello