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HomeMy WebLinkAbout20062256 HUM 11111 UM!Milli111111111111IIII 186 3017185 12120/2002 04:1W Weld County,CO Recorder 1 al 5 R 26.00 D 22.65 J.A."Sukl"Tsukamoto u WARRANTY DEED THIS DEED, Made this /(J —day of J�'""`""�'�L , 2002, between RFD Family Partnership, LLLP, whose legal address is 11567 Highway 14, Ault, Colorado 80610, of the County of Weld,State of Colorado,grantor,and William H.Cessna and Carol P.Cessna as joint tenants with right of survivorship,whose legal address is 19533 Silver Oak Drive,Fort Meyers, Florida 33912,of the County of Lee,State of Florida,grantees: WITNESSETH, That the grantor, for and in consideration of the sum of two hundred twenty-six thousand five hundred DOLLARS (U.S. $226,500.000), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the grantee heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof;and all the estate, right,title, interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, heirs and assigns forever. The grantor,for itself, its heirs and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,their heirs and assigns, that at the time of the ensealing and delivery of these presents, has well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature so ever, except 1. For the Deed Restrictions as set forth on Exhibit B attached hereto and incorporated herein by reference; 2. For the general property taxes for 2002, payable in 2003, and all years thereafter, a lien not yet due and payable; 3. For easements, restrictions, reservations, covenants and rights of way in place or of record (including,without limitation,those set forth in the title insurance commitment issued by North American Title Company as part of this transaction); 4. Excepting and reserving to grantor all oil, gas and all other mineral rights including without limitation all nontributary ground water rights in, under, appurtenant or associated with the conveyed property. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof- The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. Grantor: RFD Family Partnership,LLLP Dennis E.Drake,General Partner STATE OF COLORADO ss. COUNTY OF WELD ,�yt, } y The foregoing instrument was acknowledged before me this ` day of ‘22-e"" ,2002, by Dennis E. Drake,General Partner of RFD Family Partnership,LLLP,grantor. My commission expires: �:away,. Witness my h nd officia al 531.127 SAWYER COMM EXP. 2/4/21X)4 ittinARY 3880 A GRANT#100 • L/ 7ZPublc "If In Denver,insert"City and". No.932A Rev.7-84 2006-2256 1111111111111111111 III Him 11111111111 111 BIM flu' int 3017185 12120/2002 04:15P Weld County, CO 2 of 5 R 26.00 D 22.65 J.A. "Sukl" Tsukamoto EXHIBIT A That portion of the North Half of Section 10, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the East line of the Northeast Quarter of Section 10, Township 7 North, Range 67 West of the 6th P.M., as monumented by a %" diameter rebar with a 2 W diameter aluminum cap, P.L.S. 10740 at the Northeast corner of said Section 10 and at the East Quarter corner of said Section 10, to bear an assumed bearing of South 00°10'31" West with all bearings contained herein relative thereto. Beginning at the East Quarter corner of said Section 10; thence along the East-West centerline of said Section 10 South 89°51'52" West 4605.19 feet; thence North 00°14'12"West 1615.86 feet to the approximate centerline of the Larimer County Canal; thence along said centerline the following six courses: South 28°34'20" East 268.20 feet; thence South 25°40'18" East 284.65 feet; thence South 30°29'27" East 167.95 feet; thence South 45°21'31" East 98.34 feet; thence South 52°02'47" East 124.51 feet; thence South 43°41'20" East 765.46 feet to the TRUE POINT OF BEGINNING; thence continuing along said centerline the following thirteen courses: South 56°55'26" East 68.03 feet; thence South 67°43'15" East 102.76 feet; thence South 81°25'01" East 112.08 feet; thence North 87°08'54" East 366.77 feet; thence North 83°11'58" East 211.97 feet; thence North 75°20'55" East 340.27 feet; thence North 66°19'18" East 472.66 feet; thence North 47°23'14" East 81.91 feet; thence North 26°50'47" East 64.73 feet; thence North 01°19'09" East 77.28 feet; thence North 17°50'37" West 98.85 feet; thence North 34°04'18"West 99.06 feet; thence North 43°59'35" West 123.71 feet to the Northwest corner of Recorded Exemption No. 0705 10 1 RE-3175; thence continuing along said centerline the following eleven courses: North 43°59'35" West 666.87 feet; thence North 18°02'33" West 152.38 feet; thence North 28°10'30" East 220.56 feet; thence North 50°01'21" East 199.16 feet; thence North 79°27'20" East 259.53 feet; thence North 64°56'12" East 75.73 feet; thence North 51°04'32" East 66.83 feet; thence North 08°15'19" East 112.69 feet; thence North 13°22'29" West 56.11 feet; thence North 22°48'31" West 198.05 feet; thence North 16°58'07" West 284.23 feet to the North line of the Northeast Quarter of said Section 10; thence along said North line South 89°57'36" West 529.07 feet to the North Quarter corner of said Section 10; thence along the North line of the Northwest Quarter of said Section 10 North 89°57'34" West 1019.19 feet; thence South 01°28'51" East 2372.31 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 80.00 acres more or less. The above described parcel is subject to County Road right of way along the Northerly side thereof. 111111111111 nil IM MO ii II I III 111111111 tilt 3017185 12120/2002 04::15P Weld County, CO 3 of 5 R 26.00 D 22.65 JA. "Bol" Taukamoto EXHIBIT B Deed Restriction The grantor and grantee agree, as part of this conveyance, to a "no build" restriction on the property described in Exhibit A for an area two hundred fifty (250) feet West from the East boundary line of the property along a line parallel to said East boundary line that shall extend from County Road 84 South to the centerline of the ditch at that point that is four hundred fifty (450) feet North of the Half Section line which divides Section 10 into North and South halves. The purpose of this deed restriction is to provide for open space between the property and the adjacent parcel of land to the East which is also owned by the grantor. The "no build" restriction is intended to include all types of improvements and structures of any kind except boundary line fences. The parties agree that this deed restriction constitutes a benefit to the adjacent parcel of the grantor and a burden to the property being conveyed and that this should be deemed to be a covenant running with the land which will be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. Grantor: Grantees: RFD Family Partnership, LLLP By: Dennis E. Drake, General Partner William H. Cessna Carol P. Cessna STATE OF COLORADO )ss. COUNTY OF WELD C, This document was acknowledged before me on r / D_ , 2002, by Dennis E. Drake, General Partner of RFD Family Partnership, LLLP, grantor, and- WllieffrH. Cessna and Carol-P. Ccaone, grantees; My commission expires: �J bJ1y SAW Yfq [SEAL] NAF • Notary Publi :4p BUZZ SAWYER ':•., -. COMM. EXP, 2l412004 s'foFc�� 388C N. GRANT #100 LOVELAND, CO RO 3P III HMI 111111111 1112111111 11111 IIII II 3017185 12/20/2002 04:15P Weld County, CO 4 of 5 R 26.00 D 22.65 J.A. "Suki" Tsukamoto EXHIBIT B Deed Restriction The grantor and grantee agree, as part of this conveyance, to a "no build" restriction on the property described in Exhibit A for an area two hundred fifty (250) feet West from the East boundary line of the property along a line parallel to said East boundary line that shall extend from County Road 84 South to the centerline of the ditch at that point that is four hundred fifty (450) feet North of the Half Section line which divides Section 10 into North and South halves. The purpose of this deed restriction is to provide for open space between the property and the adjacent parcel of land to the East which is also owned by the grantor. The "no build" restriction is intended to include all types of improvements and structures of any kind except boundary line fences. The parties agree that this deed restriction constitutes a benefit to the adjacent parcel of the grantor and a burden to the property being conveyed and that this should be deemed to be a covenant running with the land which will be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. Grantor: Grantees: RFD Family Partnership, LLLP By: Dennis E. Drake, General Partner illiam H. Cessna / etutt Carol P. Cessna STATE OF COLORADO ) )ss. COUNTY OF WELD This document was acknowledged before me on , 2002, by Dennis E. Drake, General Partner of RFD Family Partnership, LLLP, grantor, and- William II. Ceccna and Carol P. Cessna, granteot, My commission expires: [SEAL] Notary Public 1111111111111111111III111111Iili1111111III11111IIIIIII! 3017186 12l20/200Y 04:15p Weld County, CO 5 of 5 R 26.00 D 22.66 J.A. "SuM" Tsul®moto STATE OF FLORIDA ) COUNTY OF L.EE. ) ss : THIS DOCUMENT WAS ACKNOWLEDGED BEFORE ME ON 12'M '.)eiamsora.e ,7) oo:). BY WILLIAM H. CESSNA AND CAROL P. CESSNA, GRANTEES MY COMMISSION EXPIRES: Cm NOTARY PUBLIC WMYEXCCZ N ION Y DD 123233 EXPIRES:Opaber 7,2006 eom,emNNary rwcuo. r Hello