HomeMy WebLinkAbout20061518.tiff I111111IIIIIIIIII111111III1111111111111IIIIIIIIIIIIIIII
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27U 11 ofY 10 R 6.00MD 93.60 Steve More005 02:16P Weld no Clerk&Recor Cp der
PERSONAL REPRESENTATIVE'S DEED
(Sale)
THIS DEED is made by ROBERT DEAN'WHIPKEY, as Personal
Representative of the Estate of ABE GETTMAN, deceased, Grantor, to
BREAKNECK WELD PROPERTIES, LLC, a Colorado Limited Liability
vGompany,Grantee,whose legal address is P.O.Box 894,WHEAT RIDGE,CO
6009'5 County of Larieer,State of Colorado.
80034-0894 (, t/{Cys.�, a
WHEREAS,the decedent died on the date of October 5,2003 and Grantor was duly appointed Personal Representative of the
Estate by the District Court in and for the County of Larimer,State of Colorado,Probate No.03 PR 425,on the date of October
14,2003,and is now qualified and acting in said capacity.
NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does hereby sell
and convey unto Grantee, for and in consideration of Nine Hundred Thirty-Five Thousand Dollars the following described real
property situate in the County of Weld,State of Colorado:
The North Half of the Northwest Quarter(N'A NW'/.)of Section 6,Township 3 North,Range 68 West of the 6'"P.M.,County
of Weld,State of Colorado.
Together with all ditch and water rights appertaining to said premises including Ten(10)shares of The Howard Lateral Ditch
Company,Five and One-half(5 ''/z)shares of The Supply Irrigating Ditch Company and Five(5)shares of The Ish Reservoir
Company and 20 units of water allocated to the said land by The Northern Colorado Water Conservancy District;also all the
interest of the Grantor in The Ish By-Pass.
also known by street and number as: 17792 Weld County Road 1,Berthoud,CO 80513
assessor's schedule or parcel number:
With all appurtenances.
As used herein,the singular includes the plural and the plural the singular.
Executed:January 244872005 2005
ROBERT DEAN WHIPKEY
Personal Representative of the Estate of
Abe Gettman,Deceased
STATE OF COLORADO
COUNTY OF LARIMER )ss. �lrQ�`
The foregoing instrument was acknowledged before men C day of January, 2005, by Robert Dean Whipkey as
Personal Representative of the Estate of Abe Gettman,Deceased.
Witness my hand and official seal.
My commission expires:
eJ"Il•�WYEq "�
NOfAitY'c
Bun Sawyer( Notary Public
°UBLjC.. Commission Expires:O2-O4-O8
'Strike as required. cccgd+f 3665 JFK Pkwy#2-300
fort Collins,CO 80525
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.)
2006-1518
STEWART TITLE
2/2)454 433
No.46.Rev.9-01.PERSONAL REPRESENTATIVES DEED(Sale) (Pagel of l)
11111111111IIIIImillIII11111t1111111111111111111111
3266271 01126/2006 02:16P Weld County, CO
211 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder
QUITCLAIM DEED
THIS DEED, made this 24th day of January, 2005, between ROBERT
DEAN WHIPKEY, as Personal Representative of the Estate of ABE
GETTMAN, of the County of Weld and State of Colorado, grantor, and
BREAKNECK WELD PROPERTIES, LLC, a Colorado Limited Liability
Company, duly organized and existing under and by virtue of the laws of the
✓state of Colorado, grantee, whose legal address is P.O. Box 894, Wheat Ridge,
CO$9959.80034-0894
WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and
QUITCLAIMED, and by these presents does remise,release, sell and QUITCLAIM unto the grantee, its successors and
assigns forever,all the right,title,interest,claim and demand which the grantor has in and to:
Any and all mineral interests owned by the Grantor,if any,in the following described property to-wit:
The North Half of the Northwest Quarter(N'fi NW%)of Section 6,Township 3 North,Range 68 West of the 6th P.M.,County
of Weld,State of Colorado.
also known by street and number as: 17792 Weld County Road 1,Berthoud,CO 80513
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the
grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns
forever.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
ROBERT DEAN WHIPKEY,Person Repre%tntative
of the Estate of Abe Getman
STATE OF COLORADO
County of Larimer
The foregoing instrument was acknowledged before me this 24th day of January, 2005, by Robert Dean Whipkey,
Personal Representative of the Estate of Abe Gettman.
Witness my hand and official seal. ..
My commission expires: o .........'•:Fa •
k plrBL1C f 2-
oFF oiP " otaryPublic
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.)
Buzz Sawyer
Commission Expires: 02-04-08
AFFIDAVIT OF NON-PRODUCTION
STATE OF COLORADO )
)45-
Canty of Latimer )
COMES NOW,the undersigned Robert Dean Whipkcy,and on his uath deposes and alas as follows:
1. The undersigned is familiar with the North Half of the Northwest Quarter of Section 6,Township
3 North,Range 68 West of the 6'P.M.County of Weld,State of Colorado and has continuously
lived won the road from this property since ha I, 1981.
2. He was well familiar with the owner of the property, Abe Gana, and is currently saving as
Personal Representative of the Estaac of Abc Gellman being administered by the larima County
District Court,Casa No.03 PR 425.
3. He has reviewed an Oil and Gas Lease recorded under Reception No. 1851020 in the records of
Weld County,Colorado dated September 4, 1980 which ran for a period of five(5)years.
4. At no time during his residency has he ever observed any oil drilling operation on the North Half
of the Northwest Quarter of Section 6,Township 3 North,Range 68 West of the 6'PAL,County
of Weld, Stale of Colorado. That is not now nor has there ever been any drilling rig on the
Properly.
5. In discussions with Abe Oet*rnan,he was advised that the Lessee tried to secure a renewal of said
least. Abc Gellman refused to renew aid lease.
•
Mani further smith not.
ROBERT DEAN WIIIPREY
SUBSCRIBED AND SWORN to before ono, Kristen J. Thompson, a Notary Public, this 4th day of
Jarm y.2005.by ROBERT DEAN WHIPKEY.
Wiring my hand end official al.
My commies.n eapinnt December 17,2008
� Nary
200 East Seventh Street,Suite 418
Loveled.CO80537
-.
After recording,please return to: LYNN A. HAMMOND
200 Z.7T°STREET,SUITE 418
LOVELAND,CO 80537
QUITCLAIM DEED
THIS DEED, Made this a O day of December, 2005 between BreakNeck Weld Properties,
LLC, whose legal address is: P.O. Box 894 Wheat Ridge, CO 80034-0894, State of Colorado
grantor(s), and, Keller Estates Home Owners Association, State of Colorado, grantee(s);
WITNESSETH, That the grantor(s) for good and valuable consideration, have granted,
bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and
confirm, unto the grantee(s) and the heirs and assigns of grantee(s) forever, all the mineral
rights, both surface and subsurface, located as follows:
The North Half of the Northwest Quarter of Section 6, Township 3 North, Range 68
West of the 6th P.M., County of Weld, State of Colorado.
Also known as: 17792 Weld County Road 1,Berthoud, CO 80513
TOGE MLR with the reversion and reversions, remainder and remainders, rents, issues
and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of
the grantor(s), either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee(s), and the heirs and assigns of the grantee(s)forever. The
grantor(s), for themselves and their heirs and personal representatives or successors, do
covenant and agree that they are transferring all interest in that they may have in the
property as of the date of execution of this Deed.
IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth
above.
BreakNeck Weld Properties, LLC
cl, 5)67-1-12c0
By: Tom Radigan—Manager
STATE OF C. L0NLADO
County of �U e .¢rs,,, )
The foregoing instrument was acknowledged before me this 020 day of
December , 2005,by Tom Radigan. p �9
<es-.- - - - - - WaZD:Y�cT
KAREN L. BARTZ fitness my hand and official seal.
NOTARY PUBLIC
0 STATE OF COLO "ssion expires: /0 -O5-O9
My Commission Expires 10/05/2009
Mil O- I at 2 R 11.08 One se *enMam. Alin 8 Reamer
PARTIAL VACATION OF EASEMENT AND
RIGHT OF WAY AGREEMENT
KNOW ALL BY THESE PRESENTS,that Little Thompson Ws District end the Central Weld
County Water District,the undersigned easement holders.was granted an Easement and Right of
Way,which was recorded a Reception No.02186523 oldie records ion the office of the County Clerk
and Recorder of the County of Weld,State of Colorado.
The mdrsigoed and the preset owner of the property have agreed that a portion of the&sanest
shall be vacated and released.
Specifically,the Easement is currently described as:
A 20.00 feet wide wrialioe easement across a portion of the North half of the
Northwest quarts of Section 6,Township 3 Nestle,Range 68 West of the 6°
PM,Weld County,Colorado,being mom pad adalydeem-bed s fol lows:
The Southerly 20.00 fat of the Northerly 50.00 feet of the North half of said
Northwest wader conWabg 52,025 square*et more or less, together with a
temporary construction easement being the Southerly 50.00 feet of the Northerly
100.00 fat of said North half of the Northwest quarter oft section 6.
NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is
hereby act mowkdged, the undersigned hereby releases the temporary easement and restates the
remaining easement as foiows:
A 20.00 feet wide waterline easement across a portion of the North half of the
Northwest quarter of Section 6, Township 3 North, Range 68 West of the 6°
P.M.,Weld County,Colorado,being morepaticdaiy described a folios
The Southerly 20.00 feet of the Northerly 50.00 fat of the North half of said
Northwest quieter containing 52,025 agnate feel more or less.
(Remainder of Page let bhmks with Scant Page fellowieg on mr>tt pep)
IN m1I11R �r Weld X111111111
2 et c R MOO DUO mss Mang tMsa•tteardec
Executed this 2Z day of lime,2005.
LITTLE THOMPSON WATER DISTRICT
Name: An. whinier
'ts:�sn¢e--/Npnste,_
STATE OF COLORADO
COUNTY OF Lorimer
The foregoing Instrument was aclmowledged before me this 2.2 day of Tine . 2005 by
ki .J 41,r1[cr as4,r1:a 14cnsy.of Litde Thompson Weser District
ag1Fmwwr.
WitnMycosmyhoodando>: / -0 45' A- -ti...
Myammiaaionexpires /o a3 oG r- r; ;_- ,
IrhliC _ •. .r ' ;j
' """
CENTRAL WELD COUNTY WATER DISTRICT -
STATE OF CO•1(41.
O
COUNTY OF /�
'''���reee £ongoing imaameot was aclmowtedged &Axe me this '.C day of{)ms • 2005 by
(fgMW.7ski mien Mitt &Corral WddCa�y WmerDistrict. Qa
hWitness my hood and official eal.
-.
I� expirca:s-z-aAo9 SigAnZ
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i
_N i.e!
Public
4,tc.ai
�.v3 �.y.i.p>+<
• ,i, r it,' B 239 REe 02186523. 07/28 .8' :1 08:43,::, $10.00 s 1/00 : +
*', A'' ''''523 ' { F 0237..MARY:,;a�FEUERSTEIN (.LERI(;fi,5,RECORDER,WELD CO/:CO:. ,.. i.
i -,., 1 -0.-- fi:easement and Right of Way�Agreement ' , "
• s,.rc'i,This Fs and RfghroIv/ Agrmnenr.madeand enterddintoasdd sere 5th 'a � s7UlY ` n 1 19��, j 5 q
^by;ndheeween Abe & Genevah Gettman and Marilyn GI y"IKeller e.e.`t -I. - •`i'x) ••••. - , , i
41 } IEI$
'4(,1".1::'.
. (' `" 3 `'K#�'B`il'^Sf; j1fit1 ; , a'h ee ,;'i� I'..44 hereinafter called "Grantor' (whether grammatically singular or plural) and the LITTLE T1Op1PSON WATER DISTRICT and }hey• { at - I
v ' CENTRAL WELD COUNTY WATER DISTRICT hereinafter called the District 1` r _krill '`'aI „:; it + + j'Ai+'..c u
h For good and valuable consideration.the receipt and sufficiency of which is hereby acknowledged.the Grantor hereby grants,sells.comsysand ,� a
3 ray'
: ' eansdenmdx District.insuccessors and assigns,themle.carlmive and permanent right mentor re•crtter,oaujgard use the hercinaflerdkrcnhed y� r
property to constrain.reconstruct.inspect.upgrade.increase line sire or capacity,operate,repair.maintain.replace.remove and operate one ore 4 "I
•; • more lines for the transmission,distribution and service of water and all underground and service appurtenances thereto,including meterin ,
stations.vaults.enclosures,identification signs and other fixtures over across,under and upon o thefollowingdescribed land,situate in die gun 4#' ," ,
.,.......".1:O":11.4.'. .dcx}9rypnron k IFSfi H...'*r.' ' 1,,if L
ij : of Weld - State of Colorado tto-wyi Oar!" gal damPlian '��'a �"¢•� j1 r ��`?1
f Gettman and Kel l er• t ) ₹ C. ,-"-411).C:44 .
1-•i, ' ' A 20.00 FEET WIDE WATERLINE EASEMENT.ACROSS k•PORTION`0F1'THE'NORTH 'HALF OF,THET"!'s , ';t'+ti ., f.
NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE'68 WEST;OF THE 6TH , t1
• P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED:AS,,FOLLOWS ' '4r,
, :i^}r ? ,1":t;1 A 5 ni l .4 414.i1,w t eft '-',43'•••:- 1, / .,
THE SOUTHERLY 20.00 FEET OF .THE NORTHERLY 50.00 FEET,ORTHE NORTH HALF;,OF SAID }Lean ` I ' =
NORTHWEST QUARTER CONTAINING 52,025 SQUARE' FEET MORE'OR,LESS MTOGETHER WITH A ,, k1s11•a
_' . TEMPORARY CONSTRUCTION EASEMENT BEING THE SOUTHERLY:50.00 FEET OF THE 1 t ``y .. le�4 § ''I
NORTHERLY 100.00 FEET OF SAID NORTH HALF OF;THE NORTHWEST.'QUARTER OF, SECTION • ,ti 1ts ;
I. . .6 t4tt. (
gg ,++-- ,1`+ � 4 . . yyp�,i �pArri, �;y.#}tr I .
�4sk r t 1 ..,,.. .14-. b�t. i ii
4 I P v
'` • '.rs iy t • .rei+ Iii Reception r , •1
County Recorded Book Page} Number t 1 {1'¢
,,, v ,. G .. 7r Ian tilt.
_Setfon Township Range , „y . 4 tic 2+j ray'trti .ft �e • +'Cis . ;j• I
:2;47.1,',;: The easement and right of way shall he 20 (err icicle �rr• ff{{ d 1 t, t ..'
y,r�• ' Y Grantor further grants to the District: .' ''',t:' h 1'tA"+" 4 s • � �5..itkp )r''.,' +,, , +
` (a)The right to grade the strip of land for the full width thereof and to extend thecuuand Bils With suchgradingintoardon the land almi s. , .
;i' 'IC outside of the strip to the extent as the District may find reasonably necessary: ." .4WM 4 ) u-2, t 'l'4.1 j�ryt t'-1 • -
(h)The right to support the pipelines across ravines and water courses with such stntctutes as n' l•shall deem necessary i: "+t)�ry!r
I - (e)The right of ingress to and egress from airstrip weer and across the land by means of triads and lanes thereon if such exists,otherwise
• mayor mules as shall occasion the least practicable damage and inconvenience to Grantor provided that such tight of Ingress and egmsshall not
extend to any portion of the land which Is isolated from the strip by any public road or highway now crossing or hereafter crossing they bode ,r,}
ptovidnl,further.that if anyponion of the landis or shall he subdivided and dehcatedradsorhighwayson such portionshallexlend toe sari i s "t
the right of ingress and egress on the portion shall be confined to such dedicated roads and highways. ' (y^ EA:t• i
'd (d)The right of grading for,cansunrring.maintaining and using such roads on and across the lands as the District may deem necessary Tt' F t';,,5 I
' r exercise nl the right of ingress and egress or to provide arms to property adjacent to the land:1 t-:g,p t ;% C't tvy y . ( t re t1 Plit f
=,j• (e)The right m install.maintain and use gates in all fences which now cross or shall hereafter cross the nip; `, ' ' i,t 'j•'El'..lf
!Y. - (f) The right mark the location of the strip by suitable markersset in theground:provided that any such markers '
- '•
connnwsicm shall be placed in fences or other locations which will not interfere with any reasonable we Grantor shill make of the stripe '
' s (g) All other tights necessary and incident to the full and complete useand enjoyment of,the rightrolway and easement foe the purposes herein „eh, ;
i �.
�"e l )•- t . ,1
GRANTOR HEREBY CONYENANTS AND AGREES.t.,I i'v
�s'
7" - (a)That Grantor shall not errs or place any permanent building structure,Improvement,fence or tree nit the described ep�Ntnen 004•District shall not be liable for their removal if they are so placid and Grantor ago+,nil Grantor's sole ixpenx to so remove such it
*I10;‘, (h) Grantor shall not diminish the ground cover over the water lines and shall not substantia0 add to the groundcover over she water
k' their appurlmancn. i' as E rr "t, jt 1p. t x•cc ` ' l el:41:,...t.21.0.,.„4 "- e .I.:;
G Fit - `n .r 4,. I ! t� y� r•, k peed'1 r fie s! e9 %, "j .... ,1 1d b-
M1d' ITWD FORM 200 yt Gb e 5 ` hatldliy4,l Ire.;a-.L1.1411.,.'0* at
' .
, ,477=r71.1','^
r"'T'•et—.,-
,r 'IS rte k r IB)1239 I 02186523 .07 28/8 00 43t $100O ' 700f ` t(y'„ 4r
' < .S F 0238 MARY ANN FEUERSTEIN GLERIryq&-RECORDER WELD CO, CO � rrlw
Easement and Right of Way,Agreement 'Page 24 , ': ' s ";I ii. /"
r F5 � b��•��� ! nrt{a s'r') r 1
' - J t,e:��r t ?fret,: Ft. ,'4 ii;'1 i 1e)V. in*e
1,,, • ,By and Between the District and: ' Abe & Genevah Gettmari:and,y atilt Gp' Keller 11 rk (
�i. ao,):' t •.�
Grantor shall rtotgnntany ahes easrnwnt,right-of-way,permit or license upttM'.i-'J dp'7o)xrty without the wniten comet( d)i.k.
the District. .-. Li. 3 a' Nf{'•7. +1 ,}4 �y t
4,' (d) Grantor warrants that Granor istheowner in feral theabovedezmbedlandsandwslldef hs agawt all claims•and thattr. . . 1 `
r • a # l? L;\J
; lands are free and clear and clear of encumbrances and liens of whatsoever character, { ••�t J f .,{F' '1 `: . '
aiGgtis • t J R44.t X firiteF v i 11, t: e
THE DISTRICT HEREBY COVENANTS AND AGREES: " • �h' c 1' tt" va:Or t • 1
(a)The District shall not fence or otherwise enclose the strip•except during periods of eonslrflction and repair. ' •
- (b) That all trenches and excavations made in the laying or repairing of such pipeline shall be Properly backfitkd and as muchd the original fj
surface soil as possible shall be placed on top All large gravek stones and clods will be removed fjom the finished backfilL The District will finish '4. • . .
ci
i. the backfill after normal willing ofthe soil so that the use and enjoyment of said land by Grantor{hall be suitabfc for the purpose now used.Thei ,
;i- ; District will maintain the trench area and buried water pipeline during installation.reinstallation and maintenance of said waterline, 1- r
. , . (r) In the event that theabove-described lands are being used for grazing purposes.the District agrees that during thepniodofcorutnsniono(thS '>'K i -',
pipeline hereunder,or any subsequent altering.removing or replacing of said pipeline.it will leave or arrange for reasonable crossing overaaid .;44
right-of-way strip for therntk and livestock of Grantor and his tenantsand lessee.Furtherwhenevyr itbecomesnems,ry faille District,itsagentj r.*
or contractors to cut a fence on the above-described lands,the District agrees.at its option.either to keep the �'4.
gap pia subita it in such aman{nser)
was to prevent the entrance and exit of mule or other livestock through such gap otto constuct at such place otpinctssubiunlial gates with UUala J ,,j.f'{ ;
locks and to furnish Grantor with one set of keys thereto.Before any such fence is cut by the District,the same shall be braced in order to pMeant I
, • slackening of the wires along with fence in each direction from the District's temporary gap. -' •t .1'
(d) In the event that the above-described lands are being used for the growing of a crop which req▪ uires irrigation at the time the pipeline is;, '
I.
• constructed hereunder,the District agrees,unless otherwise provided for.to install and operate flumes or appropriate crossing devices acme the
rightof•way at all times during such construction operations.The District further agrees.unless otherwise provided for,not to block•dam or• 1
i obstruct in any manner in a irrigation canal.drainage ditches,creeks agr
located on said lands,and also to replace or repair any levees or banks ;9.91i
disturbed or damaged by the District's operations on said lards.- .. , ai'La'°tlf rytvl i'f v
o'.: t'1 'u r - j i t
�� . (e)The District shall be liable to the extent allowed by law for loss and damage which shall be caused by any wrongful exercise of the tieing 'elm?: '
ingress and egress or by wrongful or negligent act or omission of or of its agents or employees in the Course of their employment -'
y , , i
IT IS MUTUALLY AGREED BY THE PARTIES. {4 Sin ^' --y h+ 43¢.n . s�` e�s('t ;;, ,) 1ic t ,e
f . (a) Grantor reserves all oil.gas and other minerals in on and under the above-described lands,and Cantor shall not grant any right In the sur 1 �:"
face or otherwise that will materially interfere with the rights and privileges herein granted to the District: c;. I
j (h) Each and every one of the benefits and burdens of this easement and rightofway shallinure to and he binding upon the respective personals @'
representative,,'urcesson,and assigns of the parties hereto.. - �:it
I IN WITNESS WHEREOF the urdmi 55th)' a
grid has wt his hand as this dayof JU1Y l919..,. . ...
it :+v i`r'e Y:;.va.' 1 til I
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