HomeMy WebLinkAbout20021516 REAL ESTATE PURCHASE AGREEMENT
This Agreement is made as of the Effective Date(hereinafter defined)between National Hog
Farms,Inc.,a Colorado corporation("Seller")and Upland Pointe,L.L.C.,a Colorado limited liability
company ("Buyer").
WITNESSETH THAT:
In consideration of the mutual covenants set forth herein,the parties hereby agree as follows:
Section- 1. Sale and Purchase
(a) Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase
and accept from Seller,the real property described on Exhibit A attached hereto ("Tract 1")and the
windrow of approximately 180 feet in width("Tract 2")lying immediately north of Tract 1,together
with all improvements now located thereon and all oil, gas and other minerals now owned by Seller
and underlying Tracts 1 and 2, (the "Property"). The deed conveying the Property shall reserve an
environmental easement in favor of all of the Seller's remaining property. The reservation shall be
in the form of Exhibit B.
(b) Seller also agrees to sell and convey and Buyer agrees to purchase and accept water wells
known as Well Nos. RES-1 (permit No. 35063-F) and RES-2 (permit No. 35062-F) (the "Wells"),
each Well being located on the Property,together with the junior water rights decreed in Case No.
94CW217, Water Division 1,on October 3, 1997("Decree"),but not the rights to the augmentation
sources decreed in Case No. 94CW217. A portion of the water rights identified as sources of
augmentation for the Well shall be leased to Buyer under the terms of the Water Lease Agreement
attached hereto as Exhibit C.
(c) Seller shall, as soon as practicable, cause a licensed surveyor to prepare a meets and
bounds description of Tract 2.
Section- 2. Purchase Price
The purchase price ("Purchase Price") to be paid by Buyer to Seller shall be
which shall be paid as follows:
at the signing of the Agreement, which sum is to be deposited with
First American Heritage Title Company, 5586 West 19th Street, Greeley, CO, 80634 ("Escrow
Agent") to be held in escrow("Escrow Money"); the balance of the Purchase Price shall be paid at
Closing by wire transfer of good funds to the Escrow Agent.
The Escrow Money shall be held in an interest bearing account of the Escrow Agent at a
federally insured institution and all interest earned on the Earnest Money shall be considered as part
of the Earnest Money to be delivered or credited by the Escrow Agent in accordance with the
provision of this Agreement.
Section -3. Title EXHIBIT
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2002-1516 ••••
(a) Seller shall,as soon as practicable, furnish to Buyer at its cost a preliminary commitment
for title insurance(the"Title Commitment")from First American Heritage Title Insurance Company
("Title Company"), together with readable copies of all documents referred to in the Exceptions
portion of the Title Commitment, except Deeds of Trust or UCC Financing Statements.
(b) Buyer shall have fifteen (15) days from the receipt of the items described in (a) above
to examine same and to notify Seller in writing of those exceptions to title which Buyer reasonably
finds objectionable("Encumbrances"),it being understood by the parties that any items with respect
to which Buyer does not so object shall be deemed"Permitted Encumbrances"hereunder. If Buyer
fails to timely notify Seller of any objections to title, then all matters reflected in the Title
Commitment, shall be deemed Permitted Encumbrances hereunder. Buyer may not refuse to
consummate the sale contemplated hereby or claim any failure of Seller's obligations hereunder
because of any Permitted Encumbrances. Following Sellers receipt of such notice of the
Encumbrances from Buyer, Seller may (but shall in no way be obligated to), on or before the
expiration of the Inspection Period(as hereinafter defined), cure or remove all such Encumbrances
affecting the Property and deliver to Buyer on or before the expiration of the Inspection Period an
amended Title Commitment reflecting the cure of such matters. Seller shall not be required to incur
any costs or initiate any litigation to cure or remove such encumbrances. Mortgages or deeds of trust
need not be objected to and Seller will cause any such encumbrance to be released at Closing and
Seller may use the Purchase Price to effect the release.
(c) If Seller fails or elects not to cause all of the Encumbrances to be removed or cured,then
Buyer, as its sole and exclusive remedy, shall have the right to either:
(i) Waive any objection to such Encumbrances and purchase the Property subject to
such Encumbrances (which shall become Permitted Encumbrances for all purposes hereunder)
without reduction in the Purchase Price; or,
(ii) Terminate this Agreement by so notifying Seller in writing within fifteen (15)
days after Seller notifies Buyer of Seller's inability or election not to remove or cure such
Encumbrances and the Escrow Agent shall promptly release the Earnest Money to Buyer. If Buyer
does not so timely elect to terminate this Agreement Buyer shall be deemed to have waived its
objections to title (and such Encumbrances shall become Permitted Encumbrances for all purposes
hereunder).
Section - 4. Occupants of Improvement
Two of the residences located on Exhibit A are occupied by former employees and one
residence is occupied by a current employee of Seller under an oral agreement with the Seller under
the terms of which the occupants pay no rent and have agreed to vacate the residences upon request
by the Seller. None of the occupants have any other rights in or option to acquire any rights in the
residences that they occupy.
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Section- 5. Representation on Condition of the Property
The Property and the Wells are being sold and conveyed AS IS WITH ALL FAULTS. Other
than for those representations specifically set out herein or in the deeds of conveyance, the Seller
makes no representation or warranties concerning the Property or the Wells, including, but not by
way of limitation,their usability or suitability for any purpose or their physical condition, including,
but not by way of limitation, any condition or activity that would be a violation of any law or
regulation of any legal authority having jurisdiction over the Property or the Wells or any activity
on or adjacent to the Property or the Wells, including, but not by way of limitation, any activity on
or adjacent to the Property or the Wells that could in any way, directly or indirectly, affect the
environment.
Section - 6. Inspection
Buyer shall have up to the day of Closing within which to go on the Property at its own risk,
cost and expense to conduct such feasibility studies with regard to the development thereof and other
inspections and investigations as Buyer may desire. During the Inspection Period, Buyer, its
employees and/or agents may enter upon the Property at all reasonable times and upon reasonable
notice,and from time to time to conduct inspections,test borings,and similar tests and examinations.
Such activities shall not unreasonably interfere with Seller's use of the Property and shall not violate
any law or regulation of any governmental entity having jurisdiction over the Property. At any time
prior to the end of the Inspection Period, if Buyer determines that the Property is not suitable for its
purposes, for whatever reason, or for no reason at all, then Buyer shall have the right to terminate
this Agreement by delivering written notice of termination to Seller on or before the expiration of
the Inspection Period, whereupon the Earnest Money shall be refunded to Buyer and neither party
will have any further rights or obligations hereunder(except those provision of this Agreement that
expressly survive termination).
Sction - 7. Closing
(a) The Closing(the"Closing") shall occur at the office of the Escrow Agent in Greeley on
October 3i, 2001, or upon such earlier date as may be specified in a written notice from Buyer to
eller delivered at least five (5) business days in advance of the day designated in the notice for
Closing.
(b) The Closing and Buyer's rights to terminate under Section-6.may be extended by Buyer
for twenty (20) business days following the original day of Closing by Buyer delivering to Seller
prior to the original day of Closing a written notice of intent to extend the day of Closing;provided
however, that Buyer shall have the right, during the extended period, to terminate this Agreement
by delivering to Seller a written notice of Seller's election to terminate, whereupon this Agreement
shall terminate at 12 o'clock noon, Mountain time, on the 10th day following the day of the delivery
of the Notice.
(c) At Closing the following shall occur:
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(1) Seller, at its sole cost and expense, shall deliver or cause to be delivered to
Buyer the following: -
(i) A general Warranty Deed(the "Deed")fully executed and acknowledged by
Seller conveying to Seller all of Seller's interest in the Property, subjected to the Permitted
Exceptions and the three oral leases of the residents and reserving the environmental easement in the
form of Exhibit B.
(ii) The deed to the Wells in the form of Exhibit D.
(iii) A signed counterpart of the Water Lease Agreement in the form of Exhibit
C.
(iv) The Title Company's standard form of Owner's Affidavit stating that there
are no unpaid bills for labor or materials relating to the Property or the Wells and that no one is in
possession except the occupants who are now occupying the three residences.
(v) The Title Company's agreement to issue its standard form Owner's Policy of
Title Insurance(form ALTA(10-17-92/form 1402-92))in the amount of the Purchase Price,naming
the Buyer as the insured, insuring title to the Property and the Wells subject only the Permitted
Encumbrances,taxes for the year 2001 and taxes and assessments for subsequent years,outstanding
oil,gas and mineral interests. All standard exceptions contained in the standard form owner's policy
of title insurance shall be removed except for the standard survey exception and the right of parties
in possession (but it shall be limited to the present occupants of the three residences).
(vi) Certificate executed and sworn to by Seller confirming Seller's United States
taxpayer identification number and stating that Seller is not a"foreign person" within the meaning
of Section 1445 of the Internal Revenue Code of the United States of America of 1986, as amended,
and the regulations thereunder and otherwise in compliance with § 1.1445-2T of the regulations
promulgated thereunder.
(2) Buyer, at its sole cost and expense, shall deliver or cause to be delivered to
Seller:
(i) Wire transfer of"good funds"in an amount equal to the Purchase Price, due
credit being given for the Earnest Money and the prorations provided for herein;
(ii) A signed counterpart of the Water Lease Agreement in the form of Exhibit
C.
(3) Ad valorem and similar taxes and assessments relating to the Property shall
be prorated between Seller and Buyer as of the date of Closing, Seller being charged and credited
for the same up to such date and Buyer being charged and credited for the same on and after such
date. If the actual amounts to be prorated are not known at Closing,the prorations shall be computed
-- on the basis of the best evidence then available; when actual figures are available a cash settlement
shall be made between Seller and Buyer.
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(4) Buyer and Seller shall,if requested by the Title Company,furnish satisfactory
evidence of their authority to consummate the sale and purchase contemplated by this Agreement
and shall execute such additional documents as Seller or Buyer, or the Title Company, may
reasonably request.
(5) The cost of the owner's policy of title insurance shall be paid by Seller and
the escrow fee shall be paid one half by each party.
(6) Possession shall be granted at Closing.
Section- 8. Covenants
During the period of time until the Closing, Seller hereby covenants with Buyer that:
(a) Seller shall promptly notify Buyer if it becomes actually aware of any material adverse
change in the condition of the Property after the date hereof
(b) Except as otherwise contemplated in this Agreement or consented to by Buyer, Seller
will not grant any additional licenses, leases or easements affecting the Property.
(c) Seller agrees to give Buyer prompt notice of any actual or threatened taking of all or any
portion of the Property by condemnation or eminent domain prior to Closing.
(d) Seller shall cooperate with Buyer in executing any applications or requests for rezoning
on similar matters provided that Seller incurs no liability.
Section- 9. Condemnation and Casualty
(a) In the event that,prior to Closing,there shall occur a taking by condemnation or eminent
domain, then Buyer, at its option, may either (i) terminate this Agreement by delivery of written
notice thereof to Seller, whereupon the Earnest Money shall be returned to Buyer (except for the
Independent Consideration,which shall be paid to Seller)and the parties hereto shall have no further
rights or obligations hereunder(except those provisions of this Agreement that expressly survive any
such termination),or(ii)proceed to Closing, in which event(1)Seller shall assign,without recourse
or warranty, to Buyer at Closing all interest of Seller in and to any condemnation proceeds that may
be payable to Seller on account of such condemnation, (2) Buyer shall control all negotiations and
proceedings undertaken with the condemning authority with respect to the Property, (3)Buyer shall
receive a credit at Closing in the net amount of any condemnation proceeds actually received by
Seller with respect to the Property prior to the Closing, (4) the condemnation proceedings shall be
a Permitted Encumbrance, and (5) the Purchase Price shall be determined as if there were no
condemnation.
(b) Seller shall promptly notify Buyer of any damage or destruction to the Property or the
wells. No damage or destruction of any portion of the Property or the Wells shall affect the rights
-- or obligations of the parties hereto,the Closing,or the Purchase Price. Seller may not carry casualty
insurance on the Property and has no obligation to repair or restore any damage or destruction from
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casualty or other cause. If,however, Seller does elect to carry casualty insurance,then the proceeds
of any such policy shall be paid to Buyer or, if the proceeds of any such policy have not been paid
prior to Closing, right to said proceeds shall be assigned to Buyer at Closing.
Section - 10. Remedies
(a) If Buyer refuses to consummate the purchase of the Property pursuant to this Agreement
for any reason other than termination hereof pursuant to the provisions hereof, then Seller may, as
Seller's sole and exclusive remedy therefor, terminate this Agreement by notifying Buyer in writing
thereof, in which event neither party hereto shall have any further rights or obligations hereunder,
and Buyer shall receive from the Title Company (and the Title Company shall deliver to Buyer),the
Earnest Money.
(b) If Seller fails to perform any of its obligations hereunder either prior to or at Closing for
any reason other than Buyer's failure to tender performance of its obligations hereunder,then Buyer
may either(i) terminate this Agreement by notifying Seller thereof, whereupon the Title Company
shall immediately return the Earnest Money and neither party shall have any further rights or
obligations hereunder or(ii) sue for specific performance.
Section- 11. Notices
Any notice provided or permitted to be given under this Agreement must be in writing and
may be served by depositing same in the United States mail, addressed to the party to be notified,
Hostage prepaid and registered or certified with return receipt requested;or by delivering by personal
.livery to such party; or by prepaid telegram or facsimile transmission. Notice given by registered
or certified mail as provided in this Section 11 shall be effective two (2) postal delivery days after
deposit of such notice in the custody of the United States Postal Service in accordance with this
Section 11. Notice given by other than by certified or registered mail shall be effective upon receipt
by the party to be notified or at the address or facsimile number of the addressee(except that receipt,
other than actual receipt by the party to be notified, on weekends or holidays, or after 5:00 p.m. on
business days, will not be effective until the next business day). For purposes of notice, the
addresses and facsimile number of Buyer shall be as set forth after Buyer's signature herein below
and of Seller shall be as follows:
If to Seller, to: National Hog Farms
1600 Genessee
Kansas City, Missouri 64102
Attention: Bill Haw, President
Fax: 842-5078
With a copy to: National Hog Farms, Inc.
1600 Genessee
Kansas City, Missouri 64102
Attention: Stanley J. Weber, Vice President
Fax: 842-5078
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If to Buyer, to: Upland Pointe, L.L.C.
c/o John Kadavy
4218 West 4th Street Lane
Greeley, Colorado 80634
Fax: 970-330-4766
Either party may change its address or facsimile number for notice purpose upon at least ten (10)
days' prior written notice to the other party.
Section - 12. Buyer Purchase for Profit and Commissions
Buyer is a licensed real estate broker purchasing the Property for personal profit and gain.
Notwithstanding any listing or other agreement by and between Buyer and Seller,Buyer is acting as
Buyer's agent only,not Seller's agent,and Buyer is not representing Seller or Seller's interest in any
respect in connection with this contract. Seller acknowledges and agrees that Seller is not acting in
reliance on any representations or advice of Buyer in entering into this contract.
Buyer hereby agrees to defend, indemnify, and hold harmless Seller, from and against any
claim by third parties for brokerage commission, finder's, or other similar fees related to this
Agreement or the sale of the Property,and any court costs,attorneys' fees or other costs or expenses
arising therefrom,and alleged to be due by authorization of the indemnifying party. Notwithstanding
anything to the contrary herein,this Section 12 shall survive the Closing and any termination of this
Agreement.
Section - 13. Business Days
Business days shall be any day other than Saturday or Sunday or any day that is observed as
a holiday by national bankers associations.
Section - 14. Exhibits
All exhibits hereto are fully incorporated herein by this reference for all purposes.
Section - 15. Captions
The captions used in connection with the Sections of this Agreement are for convenience
only and shall not be deemed to construe or to limit the meaning of the language of this Agreement.
Section - 16. Entire Agreement
This Agreement sets forth all agreements between Seller and Buyer relative to the Property,
all prior negotiations or agreements are merged herein. No modification hereof or subsequent
agreement relative to the subject matter hereof shall be binding unless reduced to a writing signed
by the party to be bound.
Section - 17. Recordation
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Buyer shall not file this Agreement or any evidence hereof of public record without Seller's
written consent, which may be arbitrarily withheld.
Section- 18. Counterparts and Facsimile Signatures
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but such counterparts together shall constitute one and the same instrument. Facsimile
signatures shall be deemed original signatures.
Section -19. Effective Date; Time of the Essence
The "Effective Date" of this Agreement for all purposes shall be the date a fully executed
copy of this Agreement is delivered to the Escrow Agent as set forth below. Time is of the essence
with regard to all dates and periods of time provided for in this Agreement.
Section- 20. Construction
Words of any gender used in this Agreement shall include any other gender,the singular shall
include the plural, and the plural shall include the singular, unless the context requires otherwise.
If any one or more of the provisions in this Agreement shall for any reason be held invalid, illegal,
or unenforceable in any respect, such shall not affect any other provision hereof and this Agreement
shall be construed as nearly as possible as was originally intended,unless such invalidity,illegality,
or unenforceability destroys the overall essence and consideration of the transaction contemplated
herein. This Agreement has been negotiated by both Seller and Buyer and reviewed by their
respective counsel and no portion hereof shall be construed more strictly against or more favorably
to either party.
IN WITNESS WHEREOF, the parties have caused this Earnest Money Agreement to be
thz,�
executed as of the2 t( day of 6 , 2001.
SELLER: Buyer:
National Hog Farms, Inc. Upland Pointe, .L.C.
Ver
William Haw anager
President
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The undersigned officer of Escrow Agent hereby
acknowledges receipt of a fully executed counterpart
of this Agreement and a check in the amount of
payable to the order of Escrow Agent on this_day
of , 2001 (the"Effective Date").
FIRST AMERICAN HERITAGE TITLE COMPANY
By:
Printed Name:
Title:
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LIST OF EXHIBITS
A Description of Tract 1
B. Deed Reservation
C. Water Lease Agreement
D. Deed to Wells
•
H:\natfarms\gcneral\agmt\36527.WPD
.
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 34, TOWNSHIP 5 NORTH , RANGE
63 WEST OF THE SIXTH PRINCIPAL MERIDIAN , WELD COUNTY , COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
_ BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34 AND CONSIDERING THE
EAST LINE OF SAID EAST HALF TO BEAR SOUTH 00'00'36" EAST, WITH ALL OTHER
BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO:
' THENCE SOUTH 00'00'36" EAST, 36.00 FEET;
THENCE SOUTH 86'09'00" WEST , 711 .00 FEET;
THENCE NORTH 63".01 '00" WEST , 339.00 FEET; '
THENCE SOUTH 86'35'00" WEST , 86.00 FEET;
THENCE NORTH 29'35'00" WEST , 52.00 FEET;
THENCE NORTH 72'23'00" WEST, 112.00 FEET; '
THENCE NORTH 79'25'00" WEST , 99.00 FEET;
THENCE 'NORTH 00'00'00" EAST , 318.00 FEET; '
THENCE NORTH 28'47'00" WEST , 80.00 FEET;
THENCE NORTH 29'09'00" EAST , 345.87 FEET; '
THENCE SOUTH 60'51 '00" EAST, 797.60 FEET;
THENCE 61 .05 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 120.00
FEET , CENTRAL ANGLE IS 29'09'00" AND WHOSE CHORD BEARS SOUTH 75'25'30" EAST ,
'-- 60.40 FEET;
THENCE NORTH 90'00'00" EAST , 442.00 FEET TO A POINT .ON THE EAST LINE OF SAID
SECTION 34;
THENCE SOUTH 00'00'38" EAST, 448.72 FEET TO THE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 18. 128 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 TRACT OF LAND.
, SURVEYOR'S CERTIFICATE ,
I HEREBY CERTIFY THAT THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED UNDER MY
PERSO L SUPERVISION ON APRIL 20 , 1989.
aoolluipirum,
GERALD B. McRAE , PROFESSIONAL ENGINEER AND c` Oo' B.stywif �`•.F°'
�.• �o M ;y
LAND SURVEYOR , COLORA00 REG. NO. 6616 G r ��>
24
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EXHIBIT A - Page 1
Rile RAE a SHORT, INC. r National Farms - Employee o. 4/20/R9
1231 8111 AVENUE GREELEY, COLORAbO 80631 Housing Unit -E7z Sec. 34 !, PROJECT o. 2
Telephone 1 356-3101 T. SN., R.G3K/., We/d Coun/y,Co/o. /55-88/ .e.e*.
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EXHIBIT A - Page 2
Mc RAE 6. SHORT, INC. TNa/iona/ Farms - Employee - 4/20%9
1231 0th AVENUE . GREELEY, COLORADO 00031 HOUS/r7,9 /hilt -E.* Sec. 34, PROJECT NO. 2 2
Telephonet 350-3101 TSN., R631( , Ice/61 Coup/y..00/0. /53-831 :teem
DEED RESERVATION
Grantor hereby reserves to itself,its successors and assigns,tenants and licensees a perpetual
easement to go upon,over and across the land herein conveyed by means of any substances or odors,
including but not limited to substances or odors of any kind which may, directly or indirectly, arise
out of or be associated with the conduct of agricultural activities heretofore or hereafter conducted
on the lands described on the attached Exhibit B. The purpose of this reservation is to allow the
Grantor and its successors and assigns,tenants and licensees to conduct agricultural activities on the
lands described on the attached Exhibit B, including but without limitation, the operation of
confinement livestock production facilities, without limitation as to number or kinds of livestock,
and the irrigation of lands with water and/or effluent from livestock operations and the application
of fertilizer, including solids associated with livestock operations, free of any claims, legal or
equitable,by the Grantee or its successors and assigns that any,such activities or operations(as they
have been or may hereafter be conducted) constitute an unreasonable interference with the use and
enjoyment of the land herein conveyed (as it is now or may hereafter be used or improved) or
constitutes the basis for any complaint by Grantee or its successors or assigns pursuant to Section
25-7-138,C.R.S.or Regulation No.2,Part B,CCR 1001-4,or any amendatory or similar legislation
or regulation.
The easement rights herein reserved shall be for the benefit of and be appurtenant to and run
with each and every part of the land now owned by the Grantor and described on Exhibit B attached
hereto.
EXHIBIT B - Deed Reservation of Environmental Easement
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Lawyers Title Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND,VIRGINIA
EXHIBIT A
LEGAL DESCRIPTION
Attached to and made a part of Lawyers Title Insurance Corporation Policy No. 9911577
PARCEL I:
TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.M. ,
Section 3 : NW1/4
Section 5: ALL
Section 7: ALL, EXCEPT a strip of land 100feet wide, being 50 feet on each side
of center of track of Colorado Central Railroad Company in the SE1/4
SW1/4 of said Section 7 as conveyed to said Company in Deed recorded in
Book 50 at Page 586.
(Continued)
Mt: t `e .`E �+rE�eA +t,.u: ,? . . .
Exhibit B to Deed containing Reservation of Environmental Easement - page 1 of 7
Legal Description (Cont'd) _Case No. : 9911577
Policy No. : 9911577
Section 17: N1/2 N1/2, S1/2 NE1/4
Section 18: N1/2 N1/2
TOGETHER WITH a right of way over, upon and across the surface of a strip of land for
ditch purposes 50 feet in width, 20 feet on the North side and 30 feet on the South side
of the following described line through Section B in said township and range:
BEGINNING at a point on the West boundary of said section whence the West quarter corner
bears North 290 feet;
thence North 52°22' East 155 feet; thence South 62°53' East 390 feet; thence South 50°52'
East 175 feet; thence South 28°30' East 200 feet; thence South 47°21; East 363 feet;
thence South 58°13' East 360 feet; thence South 67°10' East 185 feet; thence South 80°13'
East 190 feet; thence North 21°09' East 180 feet; thence North 67°37' East 240 feet;
thence South 67°37' East 395 feet; thence South 83°40' East 360 feet; thence South 32°24'
East 560 feet; thence South 42°15' East 385 feet; thence South 27°54' East 350 feet;
thence South 13°46' East 287 feet to a point on the South boundary of said Section whence
the South quarter corner bears South 89°53' West 755 feet; and also
TOGETHER WITH a right of way over, upon and across the surface of a strip of land for
ditch purposes 50 feet in width, 20 feet on the North side and 30 feet on the South side
of the following described line in the SW1/4 of the SW1/4 of Section 6 in said township
and range:
BEGINNING at a point on the West boundary of said subdivision whence the Southwest corner
of said section bears South 250 feet; thence South 50°54' East a point on the South
boundary of said section whence the Southwest corner bears West 310 feet; said rights of
way being those granted to Meadow Farms Company by the State of Colorado in Deed recorded
in Book 655 at Page 476.
TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M.
•
Section 3 : W1/2 E1/2
Section 15: W1/2 E1/2, W1/2
Section 17: ALL
Section 18: ALL
Section 19: ALL
Section 20: ALL
Section 21: ALL
Section 29: ALL
Section 31: ALL
Section 33 : ALL
TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.
Section 1: ALL
Section 2 : ALL, EXCEPT a strip of land through the S1/2 SW1/4 and NW1/4 SE1/4 and NE1/4
SW1/4 thereof, 100 feet in width, being 50 feet on either side of the center
of the road of the Colorado Central Railroad Company as conveyed to said
company in Deed recorded in Book 30 at Page 200; and EXCEPT a strip of land
through the S1/2 SE1/4 of said Section 2, 100 feet wide, being 50 feet on
either side of the center line of the road of the Colorado Central Railroad
Company as conveyed to said Company in Deed recorded in Book 69 at Page 132.
(Continued)
Exhibit B to Deed containing Reservation of Environmental Easement - page 2 of 7
Legal Description (Cont'd) Case No. : 9911577
Policy No. : 9911577
�— Section 3 : ALL, EXCEPT a strip of land 100 feet wide, being 50 feet on each side of
center of track of Colorado Central Railroad Company in the NE1/4 of said
Section 3 as conveyed to said Company in Deed recorded in Book 50 at Page 586;
and
EXCEPT a strip of land 200 feet wide on each side of the center line of the
railroad of the Union Pacific Railroad Company, as reserved by said Company in
Warranty Deed to the NE1/4 of said Section 3 recorded in Book 201 at Page 52;
and
EXCEPT that part of NW1/4 of said Section 3 conveyed to Ross Park in Quit
Claim Deed recorded in Book 1245 at Page 433 described as that portion of land
lying and being along the West side of the N1/2 of said section formerly laid
out as a county road but abandoned as such.
EXCEPTING THEREFROM a parcel conveyed to Weld County by Deed recorded May 26,
1995 in Book 1493 at Reception No. 2440048
Section 10 : ALL, EXCEPT that part of the NE1/4 SE1/4 thereof conveyed to the State
Department of Highways, Division of Highways, State of Colorado in Special
Warranty Deed recorded in Book 1215 at Reception No. 2161552, described as
follows:
' BEGINNING at a point on the East right of way line of Weld County Road 69
(July 1988) from which the East Quarter corner of said Section 10 bears North
24°08'40" East a distance of 258.16 feet; thence North 89°10'40" West 44 feet
to a point on the West right of way line of Weld County Road 69; thence South
21°21'23" West 222.37 feet; thence South 61°36'40" West 57 .28 feet to a point
on the Northeast right of way line of State Highway 36 (July 1988) ; thence
South 57°36' East continuing along said right of way line 293.45 feet; thence
North 10°29' 30" West 397.59 feet, more or less, to the POINT OF BEGINNING.
Section 11: ALL, EXCEPT a strip of land 100 wide, being 50 feet on each side of center
track of Colorado Central Railroad Company in the NE1/4 of said Section 11 as
conveyed to said Company in Deed recorded in Book 50 at Page 586.
(Continued)
Exhibit B to Deed containing Reservation of Environmental Easeent - page 3 of 7
Legal Description (Cont'd) Case No. : 9911577
Policy No. : 9911577
Section 12 : ALL; EXCEPT a strip of land through the NW1/4 SE1/4 and NE1/4 SW1/4 thereof
100 feet wide, being 50 feet on either side of central line of the road of the
Colorado Central Railroad Company, as conveyed to said Company recorded in
Book 50 at Page 387; and
EXCEPT a strip of land through the W1/2 NW1/4 thereof, 100 feet in width,
being 50 feet on either side of the center of the road of the Colorado Central
Railroad Company as conveyed to said company in Deed recorded in Book 69 at
Page 132; and
EXCEPT that portion of the SW1/4 SE1/4 thereof conveyed to The Bijou
Irrigation Company in Quit Claim Deed recorded in Book 130 at Page 527,
described as follows:
COMMENCING at a point on the South line of said Section 12 at the West side of
the right of way of the canal of the said Bijou Irrigation Company and 750
feet East of the quarter corner of the South line of Section 12; thence along
the West line of said right of way by true bearings variation 14°10' East,
North 37° West 580 feet; North 53° East 100 feet; North 29° East 150 feet;
thence North 23° West 470 feet; thence leaving the line of said right of way
and running due West 370 feet; thence South on the center line of said Section
12, 1088 feet; thence East 750 feet to PLACE OF BEGINNING.
Section 13 : ALL, EXCEPT the 976 feet thereof, and conveyed to the State Department of
Highways, Division of Highways, State of Colorado in Special Warranty Deed
recorded in Deed Book 959 at Reception No. 1880515, described as follows:
BEGINNING at a point on the Northerly right of way line of State Highway 34
(April 1981) from which the Northwest corner of said Section 13 bears North
26°41'45" West 2323.3 feet; thence along the Northerly right of way line of
State Highway 34 (April 1981) South 57°36' East 195.1 feet; thence continuing
along the Northerly right of way line of- State Highway 34 (April 1981) along
the arc of a curve to the left, having a radius of 2814 .8 feet, a distance of
496.1 feet (the chord of this arc bears South 62°39' East 495.4 feet) ; thence
North 22°18'15" East 40 feet; thence along the arc of a curve to the right,
having a radius of 2774 .8 feet, a distance of 489 feet (the chord of this arc
bears North 62°39' West 488.4 feet) ; thence North 57°36' West 195.1 feet;
thence South 32°24' West 40 feet; more or less, to the POINT OF BEGINNING.
Section 14 : ALL
Section 15: ALL, EXCEPTING THEREFROM those portions of Sections 10, 11, 12, 13, 14 and 15
conveyed by deed recorded November 4, 1998 at Reception No. 2651549 .
(Continued)
•
Exhibit B to Deed containing Reservation of Environmental Easement - page 4 of 7
Legal Description (Cont'd) Case No. : 9911577
Policy No. : 9911577
TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M.
Section 9: ALL
Section 13 : ALL
Section 17: ALL
Section 20: S1/2, NW1/4, EXCEPT that portion of the S1/2 SW1/4 thereof conveyed to the
Riverside Reservoir and Land Company in Deed recorded in Book 401 at Page 237
described as follows:
BEGINNING at a point 200 feet South 87°25' East of Station 0 of the right of
way of the feeder ditch of The Riverside Reservoir, from whence the Northwest
corner of said Section 20 bears North 3°19' West 4492 feet; thence run in an
Easterly direction along the Southern boundary of the right of way of feeder
ditch 750 feet to a point on the Southern boundary of said right of way;
thence run due South 550 feet, more or less, to a point on the North bank of
the South Platte River; thence run in a Northwesterly direction along the
North bank of the South Platte River to the PLACE OF BEGINNING.
Section 21: ALL
Section 22: ALL
Section 23 : ALL
Section 24: ALL
Section 27: E1/2, NW1/4, N1/2 SW1/4, SE1/4 SW1/4
Section 34: E1/2, E1/2 NW1/4; and that part of the E1/2 SW1/4 described as follows:
BEGINNING at a point on the North line of the SW1/4 of Section 34, 1675 feet
East of the Northwest corner of said SW1/4, to a point on the North line of
the right of way of the Union Pacific Railroad Company; thence Southeasterly
along said North lien of said right of way to the East line of said SW1/4;
thence north on said East line to the Northeast corner of said SW1/4; thence
West on the North line of said SW1/4 to the POINT OF BEGINNING; EXCEPTING
THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in
Book 1493 at Reception No. 2440048.
Section 35: ALL; EXCEPTING THEREFROM a parcel conveyed to Weld County by Deed recorded May
26, 1995 in Book 1493 at Reception No. 2440048.
Section 36: SW1/4 SW1/4, EXCEPT that part excluded from Patent from State of Colorado in
Book 132, Page 118 described as follows:
COMMENCING at a point 1337 feet North of the Southwest corner of Section 36,
Township 5 North, Range 63 West of the 6th P.M. ; thence South 26°45; East 44
feet; thence South 32°32; East 199 feet; thence South 52°19' East 193 feet;
thence South 72°49' East 296 feet; thence South 50°20' 101 feet; thence South
28°40' East 503 feet; thence South 17°50' East 441 feet to a point 1007 feet
East of the Southwest corner of said Section 36; being a strip of land 150
feet wide, 75 feet on each side of above described centerline.
(Continued) •
•
Exhibit B to Deed containing Reservation of Environmental Easement - page 5 of 7
Legal. Description (font' d) - Case No. : 9911577
Policy No. : 9911577
TOWN OF
',HARDIN: All of Blocks 4 and 5, and all of Lots C and D; TOGETHER WITH all of the
vacated alley between Blocks 4 and 5 and Lot C; and all of vacated Castle
Avenue between Blocks 4 and 5 and Lot C; and all of vacated Davies Avenue
South of Cullen Street; and the Southeasterly half of said vacated Davies
Avenue between Cullen Street and Richthofen Street adjacent to said Lot D.
EXCEPTING from the applicable portions of the lands described in said Parcel I the
following parcels conveyed to the Colorado Central Railroad Company recorded in Book 30 at
page 237, described as follows:
In Section 17, Township 4 North Range 62 West through the SE1/4 NE1/4 a strip of land 60
feet wide from the center line of the Colorado Central Railroad on each side thereof;
through the NW1/4 NE1/4 a strip of land 60 feet in width from the center line aforesaid
and on each side thereof; through the NE1/4 NW1/4 a strip of land 60 feet in width from
said center line on each side thereof; through the NW1/4 NW1/4 a strip of land 100 feet in
width from said center line on each side; Also, the following described tract in Section
18, Township 4 North, Range 62 West through the N1/2 NE1/4; a strip of land 130 feet wide
measured from the center line aforesaid on each side thereof; Also in Section 7, Township
4 North, Range 62 West a strip of land through the W1/2 SW1/4, 150 feet wide from said
center line on each side thereof; Also in Section 12, Township 4 North, Range 63 West a
strip of land 150 feet wide from said center line and on each side thereof through the
E1/2 SE1/4 .
The following is a description of the center line of the Colorado Central Railroad:
BEGINNING at a point on the East line of Section 17, Township 4 North, Range 62 West, 1396
feet South of its Northeast corner; running thence North 81°30' West 5730 feet to a stake;
thence North 81°19; West 36 feet to a stake; thence North 80°38; West 100 feet to a stake;
thence North 79°38' West 100 feet to a stake; thence North 78°38' West 100 feet to a
stake; thence North 77°38' West 100 feet to a stake;" thence North 78°38' West 100 feet to
a stake; thence North 75°38' West 100 feet to a stake; thence North 73°38' West 100 feet
to a stake; thence North 72°38' 100 feet to a stake; thence North 71°38' West 100 feet to
a stake; thence North 70°38' West 100 feet to a stake; thence North 69°38' West 100 feet
to a stake;. thence North 68°38' West 100 feet to a stake; thence North 67°38' West 100
feet to a stake; thence North 66°38' West 100 feet to a stake; thence North 65°38' West
100 feet to a stake; thence North 64°53' West feet to a stake; thence North 64°38' West
4962 feet to a stake at the edge of the Platte River, which stake is 1278 West and 768
feet South of the quarter corner on the West line of Section 7, Township 4 North, Range 62
West. The line thus described crosses the section and subdivisional lines as follows:
viz:
The North and South center line of Section 17 at. a point 1041 feet South of the quarter
corner on its North line. The West line of Section 17 at a point 682 feet South of the
Northwest corner. The North line of Section 18 at a point 313 feet East of the quarter
corner of said line. The North and south center line of Section 7 at a point 145 feet
North of the quarter corner on its section line. The West line of Section 7 at a point
1361 feet South of the quarter corner on its West line.
PARCEL II:
LEASEHOLD ESTATE created by Colorado State Board of Land Commissioners Lease of State Land
No. S-39649 between the State of Colorado, acting through the Colorado State Board of Land
Commissioners, as Lessor and National Hog Farms, Inc. , a Colorado Corporation, as Lessee,
(Continued)
Exhibit B to Deed containing Reservation of Environmental Easement - page 6 of 7
Legal Description
g p (Coated)d) .-� Case No. : 9911577
Policy No. : 9911577
dated January 4, 1989 and recorded June 28, 1989 in Book 1236 at Reception No. 02184016,
covering the following described property:
TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.M.
Section 4 : W1/2
Section 6: ALL
Section 8: ALL
TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M.
Section 16: ALL
Section 28 : ALL
Section 30: ALL
Section 32: ALL
TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M.
Section 26: ALL
Section 36: N1/2, SE1/4, E1/2 SW1/4, NW1/4 SW1/4
All of subject property located in the County of Weld, State of Colorado.
•
Exhibit B to Deed containing Reservation of Environmental Easement - page 7 of 7
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