HomeMy WebLinkAbout20071434.tiff IIIII1111111111IIIIIIIIIol invil111111111111I1IIIIII1I
1 of 1 R21.00 B 210.00 Steve Moron CIer01r 6 RewMer
WARRANTY DEED '9�-n \.i p—
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THIS DEED,Made this 7th day of October,2005 between 4 •10
Gary L.Swingle and Gloria A.Swingle as Joint Tenants
of the County of State of Colorado,grantor and
I..G.Everiat,Inc.,An Iowa Corporation
whose legal address is:7321 E.88th Avenue 0200,Henderson,CO 80640,
of the County of Adams,State of Colorado,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of Two Million One Hundred
Thousand Dollars and NO/100's(52,100,000.00)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 confmn,unto the grantee,his heirs and assigns ue.w,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(mown by street and number as 11992 WCR 18,Fort Lupton,CO 80621
TOGETHER with all and singular the hereditament:and appurtenances thereunto belonging,or in anywise
appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereoZ
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 bereditaments 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 hhmelf,his heirs,and personal
representatives,does covenant,grant,bargain and agree to and with the grantee,his hein and assigns,that at
e'—^. the time of the caseating and delivery of these presents,he is well seized of the premises above conveyed,
has good,tare,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
assessments 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 September21,2005,between the parties.
fi r? SEE ATTACHED EXHIBIT"B".
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
,) quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons
4 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.
.
i( IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
g' SELLERS:
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* "'Gary L. Gloria A.Swingle
O 7 STATE OF COLORADO SS:
COUNTY OF Weld
3 The foregoing instrument was acknowledged before me this 7th day of October,2005 by Gary L.Swingle
/y and Gloria A.Swingle
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Notary Public c/JJJ • .
F Witness my hand and official : ,uAN.kr..¢,4
�, My Commission expires: a,• OTARY9?i'•
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Werrmty Deed(For Photographic Record) sews
File No.S. 2007-1434
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X0306 tOM012005 03 01P Weld County,CO
2 of 4 R 21.00 D 210.00 Steve Moreno Cla h Recorder
EXHIBIT A
r
(Attached hereto and forming a part of
the Amendment to Contract to Buy and Sell Real Estate
by and between Gary L.Swingle and Gloria A.Swingle,as seller,
and L.G.Everist,Inc.,as buyer)
Description of the Property
A parcel of land being Lot No.3 of the Northeast Quarter(NE 1/4)of Section Twenty-five(25),
Township Two North (T.2N.), Range Sixty-seven West (R.67W.), of the Sixth Principal
Meridian (6th P.M.), according to Division No. 3 Map as filed by the Lupton Meadows Land
Company June 12, 1909 in Book 5 of Maps at Page 1,County of Weld,State of Colorado,more
particularly described by metes and bounds as follows:
Beginning at the Northeast Corner of said Section 25 and assuming the North line of the
Northeast Quarter(NE 1/4)to bear South 89°18'44"West,a grid bearing of the Colorado State
Plane Coordinate Systems, North Zone, North American Datum 1983/92, a distance of
2611.28 feet with all other bearings herein relative thereto;
Thence South 00°24'27" East along the East line of the Northeast 1/4 of said Section 25 a
distance of 2667.17 feet to the South line of the Northeast 1/4 of said Section 25;
Thence North 89°44'12"West a distance of 1308.34 feet;
Thence North 89°44'35"West along said South line a distance of 187.59 feet to the Easterly line
of the abandoned Denver,Laramie and Northwestern Railroad Right-of-way(ROW),said ROW
being described in a deed recorded in Book 314 at Page 440 of the Records of Weld County;
Thence North 01°58'42"West along said Easterly ROW a distance of 2643.00 feet to the North
line of the Northeast 1/4 of said Section 25;
Thence North 89°18'44" East along the North line of the Northeast 1/4 of said Section 25 a
distance of 1568.31 feet to the Northeast Corner of said Section 25 and the True Point of
Beginning.
The above description was prepared by King Surveyors, Inc. pursuant to ALTA/ACSM Land
Title Survey recorded January 25,2005 at Reception No.3255715.
Specifically including,but not limited to,any and all rights to all sand,gravel, aggregate,stone,
rock,silt, clay,shale, overburden,topsoil and all other valuable solid minerals lying in,on and
under such property;
•
133303451E 111111110,200511 IM
p8reae !Mote Clerk 3 Recorde
3 of 4 R 21.00 0 210.E
no
Exhibit "B"
Exceptions.
1. Any water rights or claims or title to water,in,on or under the land.
2. ' Any existing leases or tenancies.
3. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate
or intersect the premises thereby granted as reserved in United States patent recorded in Book 34 at Page
115;and any and all assignments thereof or interest therein.
4,• Right of way for County roads 30 feet on each side of Section and Township lines by order of the Weld
County Board of Commissioners recorded October 14,1889 in Book 86 at Page 273.
5. An undivided 1/2 interest in all oil,gas and other minerals as reserved by Florence B.Schneider formerly
Florence Brooks recorded May 2, 1961 at Reception No. 1354460,and any and all assignments thereof
or interests therein.
6. An undivided X interest in all oil,gas and other minerals conveyed to Margaret Ann Hoffman and Mary
Jane Montoya by Mineral Deed,recorded August 19, 1974 at Reception No. 1642930,and any and all
assignments thereof or interests therein.
7. ' An undivided 1/2 interest in all oil, gas and other minerals as reserved by Lee T. Murara recorded
December 31, 1964 at Reception No.1452833,and any and all assignments thereof or interests therein.
8. An Oil and Gas Lease,from Lee T.Murara and Taugiko Murara as Lessor(s) to Rodney P. Calvin as
Lessee(s)dated October 30, 1970,recorded November 25,1970 at Reception No. 1558001,and any and
an assignments thereof or interests therein.
9. An Oil and Gas Lease,from Florence B.Schneider as Lessor(s)to Rodney P.Calvin as Lessee(s)dated
February 16, 1971,recorded February 25,1971 at Reception No.1562874 and re-recorded March 9,1971
at Reception No. 1563466,and any and all assignments thereof or interests therein.
10. An Oil and Gas Lease, from 1415 Corporation, a Colorado Corporation and North Denver Bank as
Lessor(s)to Amoco Production Company as Lessee(s)dated January 11,1972,recorded March 2,1972 at
Reception No. 1584768,and any and all assignments thereof or interests therein.
11, An easement for underground pipelines and incidental purposes granted to Amoco Production Company
by the instrument recorded June 16,1976 at Reception No. 169(203.
12. An easement for oil and gas pipeline and incidental purposes granted to Panhandle Eastern Pipe Line
Company by the instrument recorded August 23,1977 at Reception No. 1728103.
13. An easement for oil and gas pipeline and incidental purposes granted to Panhandle Eastern Pipe Line
Company by the instrument recorded September 13, 1981 at Reception No. 1869528.
14. Notice of underground facilities of Mountain Bell recorded October 1, 1981 at Reception No. 1870705.
15. Notice of areas served by Western Slope Gas Company recorded March 9, 1983 at Reception No.
1919757.
16. Notice of gas pipeline facilities of Associated Natural Gas,Inc.,recorded October I, 1984 at Reception
No. 1983584.
•
17. An easement for pipeline and incidental purposes granted to C.I.G. by the instrument recorded at
Reception No.1982239.
•
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3330345 1W10/2005 03:01P Weld County,CO
4 of 4 R 21.00 D 210.00 Steve Moreno Clerk d Recorder
Exceptions(Continued)
18. Notice of general area served by Panhandle Eastern Pipe Line Company recorded June 26, 1986 at
Reception Na.2058722.
19. An undivided 95% and 5% interest in all oil, gas and other minerals conveyed to PETX Petroleum
Corporation and William G. McCanne respectively by Mineral Deed, recorded August 31, 1988 at
Reception No. 2153526 and recorded October 3, 1988 at Reception No. 2157392, and any and all
assignments thereof or interests therein.
20. An undivided 10%interest in all oil,gas and other minerals conveyed to Jack A.McCartney and Karen L.
McCartney by Mineral Deed, recorded December 7, 1988 at Reception No. 2164309, and any and all
assignments thereof or interests therein.
21. Terms,conditions,provisions,agreements and obligations specified under the Dry Up Covenant by and
between First National Bank of Longmont and Cherry Creek National Bank and Kiowa Resources, Inc.
recorded December 13,1988 at Reception No.2164832.
22. Notice of underground facilities of United Power, Inc., recorded January 24, 1991 at Reception No.
2239296.
23. Easement for waterline to benefit aid land recorded August 14,1991 at Reception No.2259565.
24. Notice of Oil and Gas Interests and Surface Use by HS Resources,Inc.,recorded December 18,2000 at
• Reception No.2813677..
25. Right-of-ways for ditches or canals as shown on the recorded plat of Fort Lupton Meadows Land Co.No.
3.
26. Any portion of the land which may lie within the railroad right-of-way which borders the land on the
West.
27. The following items as disclosed by ALTA/ACSM Land Title Survey by King Surveyors, Inc.,dated
March 26,2004 and recorded January 25,2005 at Reception No.3255715 to wit:
a. The effect,if any,of fence lines not corresponding to property boundary lines as shown.
b. Easements for overhead electric lines,telephone lines,and gas lines traversing the land.
c. Oil and Gas wells as shown together with all related facilities used in connection therewith.
d. Access roads traversing the land and any rights of others in and to their use thereof.
28. Terns,conditions,provisions,agreements and obligations specified under the Surface Use Agreement by
and between Kerr-McGee Rocky Mountain Corporation and L.G.Everist,Inc.recorded August 24,2004
at Reception No.3211978.
29. Terms,conditions and provisions of AMUSR-1255 Fort Lupton Sand and Gravel Mine recorded June 14,
2005 at Reception No.3294695.
30. Terms, conditions, provisions, agreements and obligations specified under the Long Term Road
Maintenance and Improvement Agreement by and between C.G.Everist, Inc. and The County of Weld
recorded June 23,2005 at Reception No.3297229.
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