HomeMy WebLinkAbout20020602.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY
SERVICES DEPARTMENT OF PLANNING
STATE OF COLORADO )
COUNTY OF WELD
The STEWART TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has
made a careful search of its record, and finds the following conveyances
affecting the real estate described herein since August 30, 1972, and the
most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
ALL OF RECORDED EXEMPTION NO. 0709-21-2-RE 782 RECORDED AUGUST 14, 1985
IN BOOK 1080 AT RECEPTION NO. 2020777, AMENDED RECORDED EXEMPTION NO.
0709-21-4-AMRE 782 RECORDED OCTOBER 15, 2001 AT RECEPTION NO. 2891932, AND
RECORDED EXEMPTION NO. 0709-21-4-RE-2790 RECORDED OCTOBER 15, 2001 AT
RECEPTION NO. 2891933 BEING PART OF THE E1/2 OF SECTION 21, TOWNSHIP 7
NORTH, RANGE 65 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO.
CONVEYANCES (if none appear, so state) :
Reception No. 9424610 , Book 1139
Reception No. 1723264 , Book 801
Reception No. 1723265 , Book 801
Reception No. 1723266 , Book 801
Reception No. 1723504 , Book 802
Reception No. 2022518 , Book 1082
Reception No. 2048578 , Book 1108
Reception No. 2078954 , Book 1137
SEE EXHIBIT "A"
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an
opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE
OF GREELEY, INC. COMPANY is hereby limited to the fee paid for this
certificate.
In Witness Whereof, STEWART TITLE OF GREELEY, INC. COMPANY has caused this
certificate to be signed by its proper officer this 3rd day of
December , A.D. , 2001 , at 7:45 AM.
STEWART TITLE OF GREELEY
)
AUTHORI SIGNATURE
EXHIBIT
2002-0602 1 b
EXHIBIT "A"
Reception No. 2222676 , Book 1272
Reception No. 2226829 , Book 1276
Reception No. 2226830 , Book 1276
Reception No. 2226831 , Book 1276
Reception No. 2244492 , Book 1293
Reception No. 2273855 ,Book 1321
Reception No. ,Book
Reception No. _ , Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
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A 1090 AEC 02020777 08/14/85 15:38 $9.00 7/003
reemm...mwwww• F 0921 MARY ANN FENERSTEIN CLERK L RECORDER WELD CO, CO .ter
RECORDED EXEMPTION No. 0709-21-1-RE 782
LEGAL DESCRIPTION ef7...yr/Jry•G„e Ymtil
That part of the Ey of Section 21, Township 7 fibrin, of Range 65 Mast of the 6th
P.M., Weld County, Colorado described as follows:
Com:..ncing at a point on the South boundary line of said Section 21; thence
running in an Easterly direction along the Soutt lire of said Section. 2410 feet
•
• to a point at the Southeast corner of said Section; thence riming in a Northerly
direction along the East boundary line of said Section, 4818 tent to ♦ point at .
the Northeast corner of said Section: thence in a Westerly direction along the
North boundary lino of said Section, 2361 feet to a point where the land of TEE ' , ,
' WELD LAND ANN CATTLE. CYYWANY begins: thence running in a Southerly direction
• . . along the East boundary line of the land as said THE WELD LAND AND CATTLE
COMPANY, 4886 feet in a direct line to the point of beginning. EXCEPT a strip
of land as conveyed by deed recorded in Rook 26 at Page 150 and ENT a parcel of
land an conveyed by Deed recorded in Rook 1248 at Page 154, also flan that
parcel as included within Subdivision Exemption 245 .
SURVEYOR'S CERTIFICATE
I hereby certify that under my personal su•,orvialoi the parcel shown hereon as Lot .
' 'A' .'l accurate)/ surveyed, that at tarty were found or t as indicated hereon,
that te foregoing plat is an accurate representation to the best of ny Irnavladge
and belief.
. -, 916-1...\,0%
C r en B. Jame ' 22091 Ell
Colorado Pellet* ed Prof*•
X
Land Surveyor 122098 ‘.. .... ,(w
.
/"s CORMS N PROVAL is
•
We, the undersigned, being the sole owners in foe of kb* above deecribed property
do hereby subdivide the same as shown on the attached esp.
__ ,,wcf.fety �s/f� a,
!T l 2./ltr4.-
The foregoing certificate vas acknowle4;M before re this vita day of
Q,_ .e\ , A.D., 1985. witness my hand` and seal.
• My Commission expires: c\.%........)O6 ,
My address is: .. Notary lie
This plat
(x'is accepted and approved for filing.
•
l
• Department of Planning services for
The foregoing certittcete was hedged before we this 11'. day of •
ca..gvut _, A.D.. 1935. Witness y hand and basil.
~
My Commission expires: (ip\-s„\ CZ...1 ♦
My address isi' '�.•.. ..' . '♦ A .re. Notary Public
.
PrO.Tcc.t A/fin-14rr /Tits-/?1t .TN.* i98S
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• P 158u REC 07020777 ne/14/85 15:38 $9.00 3/003
F 0984 MARY ANN rE11ERSTF.IN CLERK F RECORDER WELD CO, CO
RECORDED EXEMPTION No. 0709-21-I-RE 782 .
LEGAL DESCRIPTION
LOT 'A' of Recorded Exeeption Q7Q9_•- -RE 782 Owe r/a/i„t-
•
A parcel of land being part of the Northeast Quarter (NE9) of
Section 21, Township 7 North, Range 65 West of the 6th Principal
A parcel of land being pert of the Northeast Quarter (NE%) of Section 21, Township
7 North, Range 65 West of the 6th Principal Meridian, Weld Canty, Colorado and
being more particularly described as follows:
FiPAI NING at the Northeast Corner (NE Cor) of saidoSectlon 21 and seaming the
East line of said Section 21 as bearing South DO ODICO' Nest with all other
• bearings contained herein relative thereto: •
Thence South 00000'00' Wert along said rant line, 1813.51 feet:
Thence South 8844'42' West, 944.88 feet to the TRUE POINT f$ floc'• Thence North 79 02'55' West, 122.14 feet;
Thence South 05°45'22' Went, 59.18 feet;
Thence South 51°48'23' Went, 93.83 feet;
Thence South 76°05'25' West, 360.48 feet:
Thence North 00°11'14' West, 381.95 feet:
Thence North 03°12'14' West, 430.29 feet:
Thence North 61°37'15' Fast, 363.13 feet;
Thence North 66°49'11' Fast, 211.10 feet;
Thence South 00°37'28' West, 430.33 feet: '
Thence South 07°17'02' Fast. 388.25 feet to the TRW POINT OF NICDsrDG.
s Said nescribed parcel of land contains 10.281 acres, wore or less, and is subject
to any rights-of-way or other easerrnrs as granted or reserved by instruments of
reocrds or as now existing on said described parcel of land. •
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�`' ado PLAT OF SURVEY
Lot A of Recorded Exemption No. 0709-21-1-R
part of the E 1/2 of Section 21, T. 7N., R.65
6th P.M., Weld County, Colorado.
Owner: John B. Halthcoat a
•
Mary G. Hailhcoat
' Book 1082 Reception No. 20225/8
i
1
N.86°49'11'E. Found Ping Cap
211.10' #220980yp1
• N.61°37'15"E. .
N 363.13' .
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to
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3 mo
` O NE Corner
; / V' a) V.r Sec 21-7-G5
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SCALE: Z I-°I. w ro
111=2001 o
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944.88' S.88°44142"W. 'n 41
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— Project No :/986288
Date: October 1986
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B 1133 REC 02075388 10/31/86 10:42 $10.00 1 001 d°
F 1715 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO i
OF SURVEY' , :,,,isql*W,„
Exemption No. 0709-21-1-RE 782, ;�,
7( Section 21, T. 7N., R. 65W., :>, ,•
unty, Colorado. Pc
�p '"
1n B. Hailhcool &
i�
ory G. .HoithcoaJ • {c:i j
Reception No. 20225/8 ' r"A
LEGAL DESCRIPTION i i
Lot A of Recorded Exemption Number 0709-2.1-1-RE-782, being part of the
East Half of Section 21, Township 7 North, Range 65 West of the 6th • "'-!- �'
Pricipal Meridian, Weld County, Colorado as recorded August 14, 1985 in / C4. 41 1080 under Reception Number 2020777 of the records of the Weld t ff
County Clerk and Recorders. 1J,.'+.
) •.
NE Corner A �',
Sec 21-7-65 r._:, ;•
SURVEYOR'S CERTIFICATE r >.•.
` i hereby certify that under % r'
rcel
tas accurately surveyed, that personal
obeys ewers found or on e set as lindiiccated h hereon, and the foregoing plat is an accurate representation, to the best
m of my knowledge and belief. +rJ:`,:.
`
�%Z�LCQ A \pV1�0 RECRy f
LS
8 i kr
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ti Charles B. Jones t' ZS y !
CI Colorado Registe ed Profes o
22098 :
p ',vs r
O Land Surveyor /22098
O
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44'42"W r 'Af, LAW)
ress 8^' -- �r
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Recorded in the office of the Weld County Clerk and Recorders this _ 5
day of , 1986 in Dock , under Reception No. ; ;' a'
a'{
Jones-Wininger & Associates k'' ;''`
i ::ri.k,.f.
Professional Surveyors A `c,
217 13th Street .
to
f':;
Greeley, Colorado 8063; = a.
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.'t4.: of the__—_--°ea°tf otl:ity_..ancL'lnnnt y tfh sad ewe d—(A434.14t--.,
poll of do meow;pert,Witne.eth that '
.i RHLREAO,hi the Carat.:Sett of U.=1%1_an•&._Co ntr ol.. 9Y4t.— _. •la ae erw 14
a(A.1.40, w Wa--- '7th_dar ot—_...._.._ Jul_ ,A.A II K
!a the tatter of the tent.of ,fiflfl.Q._L4alikeerdf._. .Y_M•yl____.___
y:. __.—_.______._.__s order ate leddva had 3t-eetine sale el So seal Heists i.lnYefa/tLilel
¶4 men ..•..eie ale eete..iatrettere 50
t5 A1tA WHSHILAR,The a•W Pan—1C ____of N. that part did a theJ417t1/-__.—_ —
clay of t.lz_ _. . 1. 0. 1e44 .teal at_Erlvest• see he Ws
an
D
,,�{,!! Wt.' f.. *.OJ._J, T h71;eerld u Npf 100 A- eeew..ee aMee! !.Dtt
C 'r to the putt_ of the he. 'yet,the hawlnafter deatib.n tal the%wont t.sad to he..at$
1 woe wM1h met;o-ler of al C rt.
t AND WAHREAS on tbt ...2tith_ __ day C_._.___ _. =u1Z-.A. D. le_4d o.
St said part r.of the ent r-4,... Hie r Exist"' C _,.t saki legato to etaewtl ostrdtbd to
I the'rid rmntt a r^Nm f. h tole so male WI aforoald
-- ti0 re ....tier
rh p.Iil:Ab'TErt, an order confirming the meld to at Nod lase woe sass ad rtea.d of
fOre
ib d,r ....tier Is.n n cde end NA m se faller,,ta+h
t retard,
'n C.!.T., r MLnRAT)O j al
lacy -,,d (-county o. a:.:.. , a Y
TM TPH WONT MONTI COURT •
F to. 80'144 1
ale i1G. NATTER OF 'nil! FSTATF OF )
HARRY to. LIEtIt1.ARDT, DECEASED ) ORDER C,ALF13NINO .
SALE OF REAL ESTATE
'
•Th1e oa.ttre -wn ing on to be herrd this dwy upon the
Y,.
rroort of the tale at private sale p] The International Trust
,. '..
tltlyy .alpine; executor of the above entitled :.state, to the following
4 ,
e•toed unreons the, respective following described parcel, of real
estate lorded in the State of Colorado, for the followingre-
4
impactive amounts in cash:
I(1) To Chandler Weaver, for 412,000.C,0 cash, erl and 3S See-
the 21, ;tp.7. Range 65, described as follows: All the land
in Section 21, Trap TN, Range 661, enclosed within the following
112.
described boundaries - Coma. at a point on the South boundary
line Section 21, 2470.ft. Melt of SS corns: of veld Section;
thane easterly along South boundary line 2410 ft. to a point
at SE corner of .arid Section; thence northerly along East bounden
line of said Section, 4018 ft. to a point at WE corner of sato
seatiou; thea.s. westerly along Worth boundary line of 6.14
o ea
•}ae e`ar e•..nr'T au of rat name r.M be set eat In ha
#'
.
Section 2361 ft. to a poi,.' where ls .d of Well Land and Cattlewe
Y
Company begins: thence southerly along East bo mdary linter .and A)
of The Weld Land and Cattle Company 4800 ft. in a direct line •
to beginning containing 266.'11 acres more or less ii the County-of
Weld, State of Colorado, together with all irrigation wells, Salters )q
and appurtenances thereor. .
1 } ,
"(2) To Earl J. Scarry, for E0,600.00 cash, Lot eleven 'O1), Eldek Ary
forth-seven (47), E6at Denver Addition to the City and County of
Denver, State of Colorado.
and it appe.vtng to the Court, end the Court finds: that said sale e`
was legally made and fairly con.luctee: that the sum bid was not
disproportionate to Cie value of the property sold, end waa'n0t' t.
less then the appraised value; that r eonmt3aslon of 6} is payable
to the person or persons procuring said purchasers; ,6
"IT IS ORDERED, that said report and sales are confirmed **.n
and that the personal representative execute a conveyance of the .
premises sold and described in said report and herein to the said
purchasere thereof and that said personal representative pay a
coeteiseion of 6} to the person or persons procuring said purchasers
). "Done and signed In o,en Court this tilth day cf July. 1%44.
, C. 3. Kettericz___
County
Se
o..
446
wwilt
•
11
I
0 Net
_;
Iw'
s' f
,
,
. h „f:
yt!..
{.
h t.
} c r
11 39 cW€358 wti l i t i ; :,
_.
.
i t qt
NOW, T.IEfLSl03E. :lis lad,atorl Rf!rrlh, '[lead the weld wear-a- sd:M 4M •••10s i ^.
• wtudde:etka al•9e ..;
yevwber, and the MrtMr aoaeNwalfon d tin saH raid i,
': ''�Aq"'
n to eA c...••aee*e.fe..Hetaeee,M****stot
1]111L LYGtL4_L 1lG/�1QL.! Dd4an,
to._4ill_In hand paid by the said party_of the awed port,it*reset a whli Y hereby adre+4 .t t '
eddad,heal_*old sad eon.4yed, and by the..peewee do_Q•deli and Garay W.the maid perlZ t tf yA
of the second __ti➢laashs end Winn all 1. this,baron mad Sate of Ile mkt—
Harry e e➢
park eiplt,
Harr S. Ltebl:ardt .'"R.1•"rt'
_._. 1..._ __.ae if sold w eatnsyW a1'a1a'daring :;'�^3•=;%t;
L144_11441,eav,f z_ °r.,
a+tsydjmLa_ 1a;6dFh3,'w➢tcmw.�trmt.xs.�bowsowweallTx+gett.p,la and s •.3�j►:.:
to the followteg da.aribea real notate,attests,btoa and being In the__ Oeety d IS l -,
11a1G_..___. and sate of Colorado,towh, lifi} and Slit ;Section 21,
Twp 7, Range 66, described as follows: All the land In section 21, . "• "•
‘•rt
?mp. 7N, Range ebe, enclosed within the following described 1 1 ''�t � �.
boundaries - Comm. at a point on the South boundary line Section 21
24)0 ft. West of SE corner of said Section; thence easterly along.
south boundary line 9410 ft. to a point at SE corner of said Sec- ,
:ton; thence northerly along East bounder line of said Section,
4813 ft. to a cah.t. it NE co:nor of said Section; thence atsterlyy ',,liew i.
1 along North bcic➢dary line of said ?ender 2?6l ft. to a point ethers
'end of Weld Land and Cnt'.J.e Compan) beg...a; thence southerly along t y
East boundary line of land of the sold Land and Cattle Company _• II M�4,,�
4886 ft. in s direct line to beginning containing 266.71 antes more
or less in the County of Weld, State of Colorado, together with al.' f (;°''';:'
trrar,ation wells, motor+, and appurtenanuae tco:eon, subject to batted
°tetra patent reservations, rtgnts of way for public roses, irrinattoe fitchoe,
nape and sworn statetents, to any, for sal tcusa too re:enoir sites, loam* for
tie year of 1344, and lien by .,rtue of being .dtbin the bounories of toe
northern tnloraao water Conservancy :istriet, ana 1944 non subseyut at taxes.
,
e; I.A
I
A
•4 A .
?.ems aY,`i
•
tie
I
_
aw:
}:.m h, 1 �4
•
••
i TO PAVE AND TO 11O1.D alt:',ARE. with 111 the appertenautn thenauto belong-mg,or in en-. r�
t t
1 I ,,,s, in.,,,,,..„... r.-i _ a w.h,,..I of the said mKy. of the second part,
h14..1 luien forever
- r
er:
4• IN WITNESS WitER 04 The said pert Y ct rb,neat part,aa__2eShbOr __
mused Its coryora a name to tW .ereumto I
�a} {a, M .f nys r lvtn f J
!; eubecrl DOC `.v 1 '�e' ph �•re sldent en �! on) a e - / ere-
in o a xe •tteeter` by its Ills 1 R ONAL/:G JOYPk' .
Secretary. the day and year t ' --
first above • Stten firstf , �44 r
Y ATTEST: ei . Vice PreeTrSenE _(sLAL)
Y. j • -M.� axe ct.:r of the Estate of . ,
•
,. • ens ary /jl \*7r><_G.._l.lahharlt._.L'e.ceaGed._...
r . Na o
l'
yH• l
_ t . . .e.J ,.
1 .1 d. 5937E £X22 •N !
Tr fanst•s lmtcmo.t wu*el•owWp•t Men No US N of < f
by .. ,
i
Is of tt.w..r �
• Y9 eemmYela corks; ,
STRUM wry Wt awl.,411 w•L .
•
A.
L_.-. JO b.11 L, 6rit:1.4A..... _.._...._,wet r lb*Comity Cowl r Cow Comity IS wl•
rfmasaId.an ter.Lr malt,W.wtht.W finen4a le be•ton.perfect oaf wAler tear of Orin Calmest •
re.l.In Ow num of tf•:.wilt.rt�awyll j__1± !19ti..__—_.._.. {mo w ..
d\N•\\4
1% N ftITN F.SS WIMP bO Itsof(tl 2f;ea A:AAsa ZS S.El" et sailOentu4 2B.Ld_.._._ n,
i,d._... JuJLV: -- ._._-* _ •1
'7 t c
A - _.dQkNi_L 4
• a STATE OF COLQHADt? *—) .' rreo awe
. rx SC:,/
: CI:Y AND ::OOIJTY'{fr7 A� _ _ __..... ......._ __
f • I a llotary Public in and for said re n•-•-r Cu f n ee Code a gal , bereby certify thatp
��.���,� who Cora ereonZi
kno-n to Comm o a the same parsons w oss nnmeeeare subscribed to the
em", ..,�,�, foregoing deed Coe having exerted the same i.- ,ectively Coe Vice
`President end ccret•ry of The International Trtat Company, a crr-
___, rorntton, and who are known to me to be such officers respeotively,
- — Cop; -re-' ,.re nr •;.;: y In :-••••• .•❑e cvt"aa:1y seknnwl.d;edt
_ hit' Tod .to r... ,1, ,.,I .'u-. . 1.- .h. .-rr....St*. illi
65•11 of ea id corpnration: that the same .•s to•,rtw..0 ff::....:+ -y t`e
autho�l.t7 of said corporstlun;' that raid inetruaant was bypri au-
th 1)4 alb or d with Its corporate name: that the said
•y. is the Vice President of silo corporation and the
� _ is the secretary thereof; that by the
as
meth e a d c rFoi•�E1nn they respectively subscribed their
4, •/ naltla&tcpato as Vice President sad Secretary, and ti-at they signed,
sopltrd -est delivered the sell instrument of writing as their free
iyitk Osb$ptaty act and deed, and as the free and voluntary act end
=dd�'a Ot1l.s11d corporation .5 the lxeoutor of 'he Estate of Harry 0.
"1 X6�IM to Hecea+r;d•
n :•herd and Cel meal `hly� • of Ju j 44•
° )
o'•• L !
�i
4d1sslon expires- ??9, iffy
>•=';;,..&.t," c ; ' 0(4 ei ' o at nubile
S I s
1 .
. . ii
•
• 1 r i $I k ..
- eat N.-.)
1sf 14,..... . .
. :4L .._.,., Ai ; \.!,.- 4 ..1 0„ i I ••r., 1/4 * ..
-NT
t1L;It
',"". ,�`d �•s , s;Ptak:
�l "� I
���cYiap �1Mt r M� k dd�!pr >.¢
. y+w•XV��Lw4t*e�* -• s 1* , y" . ' qtr * s . ° * .,:c.,,./. 4.
x `F•iv' 'v- -' • -•
... . a�'4a ,t _`F' t' r C .1 r' N" r[1
BOOK Recorded nt_IL_`2a o,1, I JUN 3 0 1977
�' 801 M 4`
,- , w..
O Per. No . 1•`'3 (�.... or, Mc Feuenten, RecmAe. r*:4
„1-/ rrt W;-
( I,IT P U ,I,1 1)1:i ydr.s
fezip
t KNOW .11]) ME:; 31 TIIUSE 1I SHI,NEB, that the County of Weld, id
• .
a
u subdic.sinn of Lhe ,Snto n[ Co'.o redo, for gvod and sufficientt •
l
lto
h - conSidel'at i n hi r. by soils nod etc tclaims to THE PRESENT MINER •f,
OF THE SURFACE OF THE BELOW GE�ALBID REAL PROPERTY .ee
�w the present. landowner , '-he Co lo,cing real property in the Count;' } :w:;
:
of .. o£ Weld and State of Colorado, to-wit: "r.-!
, w1:
h tract or parcel of land in the Fast Half (E' ) of Section Twenty-one (21) , Town- 4)4'1
ship Seven (7) North, Range Sixty-five (65) West of the 6th Principal Meridian, ^ '"
containing 2.29 acres, more or less, in Weld County, Colorado, and said tract or { ,1'
°J parcel is more particularly described as follows: 5F;�°'r
Nr
nBeginning at a point from which the East Quarter corner of Section 21, Ttwnship , l
` 7 North, Range 65 W. bears North 100 feet and Fact 1385 feet; thence Westerly
130 feet; thence Southerly 685 feet; thence Easterly 220 feet; thence North- ..`';
westerly 423.8 feet; thence Northeasterly 289.4 feet, Tare or less, to the -ft,'y
point of beginning. Said pit, as described, adjoining the pit previously w ..
o an ed to Weld
N., veY County. �*L ."
_r V.{Sha
414,43
?h2
Z3
BSI
•.:[,r
• r,
'1 '„t
-k „t
'
t,"f P
•
yy,
i.+Twhx w 4 . -
• 444r.t _ • a,
• y
yy
n.. '
Ml
Kg.:
fi?
__
t r BOOK
891
1'723264
a-a
a with all its appurtenances.1The purpose of this instrument is to release any claim
+ which the County of Weld may have to remove gravel, sand and
other road-making materials from the above-described
�7 property,
ii41 those rights having been granted to the County of Weld by virtue
l of an instrument recorded at Reception No. 872574 in Book _1078
at .Page 349 , Weld County Records.
f IN WITNESS WHEREOF, said County of Weld acting by and through
5its Commissioners, June K. Steinmark, Norman Carlson, Victor
.Jacckadc i, ,Lnonard Roe and Edward Dunbar, has caused the corporate
.(fie,to`•lo. trunto subscribed and its seal to be hereunto affixed
ZY attedte ,itt the Weld County Clerk and Recorder this 29th day
taL ^ June lam, A.D. , 1977
't•; ' f`., BOARD OF COUNTY COMMISSIONERS
, • 19IT5', RADO
ATTEST: au^• F ict0. ./
Weld County Clerk 'aid Recorder
and Clerk to the Bo
ty Count ler — \
STATE OF COLORADO )
COUNTY OF WELD ) SS.
The foregoing instrument was acknowledged before me this a7 '
day of J,,,e , A.D. , 1977, by Victor Jacobucci, as Chairman
Pro-Tem of the Board of County Commissioners of Weld County001110>0,, '+.
•
Colorado, and attested by the County Clerk and Recorderf4t/ 3/70 \"
WITNESS my hand and official seal. ifetliY�b 4D.D- i�ti
' .J 'C ,
My commission expires:_„ • 3 n'79 J• ••• M
i
G���yyy!� :7AH1��;
publi[�.Y4Si
w kC .l o;'4 „, . + ; u rr•
r ,. (y/ . y �9 6,1'4,64. • + . • . f1
� : . 4- �. v - 471 !i
j yh �� ° r °'. ° r 'i' Loa rr� r •y 1 5♦
'07.1 �• *r4.1'Fe147 ' ` lr e n.CN_y��, a '
:,r t
JUN 3 0 1917
T BOOK Recorded at // ,
0 871 1'7232c5 •
Res.No.._..—_—•.--Mary Mn Faurtn,eln, R•co,hr
'j-1QUIT CLAIM DEED
' I KNOW ALL MEN BY THESE PRESENTS, that the County of Weld,
I a subdivision of the Stale of Colorado, for good and sufficient
o` consideration, hereby sells and quitclaims to THE PDT atm%
;n OF THE SURFACE OF THE BELOW DESCRIBED REAL POPERrY i:,
P the present landowner, the following real property in the County
ru of Weld and State of Colorado, to-wit:
A tract of land located in the East Half of Section Twenty One (21), Twnship Seven
(7) North, Range Sixty-five (65) W. st of the 6th P.M., and ante particularly described
n as follows: -
Cennencing at the Southeast corner of said Section 21; thence North 30 feet to the
cc,i North right of way line of the County road; thence West along the North right of way
line of the County rail and parallel with the South section line of said Section
n 425 feet, men. or less, to the Point of Beginning: Thence West 335 feet along said
North right of way line of the County road to a point; thence North 233 feet to a
point; thence East 250 feet (along a line parallel with the said North right of way
line of County road) to a point; thence in a Southeasterly direction 300 feet, more
or less, La the Point of beginning:
MSaid tract contains 1.765 acres, pore or less.
•
Also a tract of land adjacent to and adjoining on the East the present gravel pit in
said East Half (Ey) of Section 21, described as follows:
Peginning at the Southeast corner of present gravel pit; thence East 70 feet to a •
r", point; thence in a Northwesterly direction 300 feet, more or less, to a point;
thence West 90 feet to a point; thence in a Southeasterly direction along the East line of the present gravel pit 280 feet, more or less, to the point of •
beginning.
Said tract contains 0.533 acre, noon or less.
Gsnbined acreage of two tracts, 2.298 acres, more or less
it
I
J .0•
:i
44
BOOK
891 a,
1723265
. c.
.2-.Z
with all its appurtenances. ..S.
The The purpose of this instrument is to release any claim "'4.
Mitch the County of Weld may have to remove gravel, ;and and *.:
other road-making materials from the above-described prr perty,
li
those rights having been granted to the County of Reld b:4 virtue
of an instrument recorded at Reception No. 810904 in Book 1039 . "
at Page _ 267 , Weld County Records. , Y;*
IN WITNESS WHEREOF, said County of Weld acting by and through 'W'•
its Commissioners, June A. Steinmark, Norman Carlson, Victor
Jacobucci, Leonard lice and Edward Dunbar, has caused the corporate �.Ef?
name to Up hereunto subscribed and its seal to be hereunto affixed ,
r"]'
and attested by the Weld County Clerk and Recorder this 29th day ,1N'
y,_i
' ' '
of June.. , A.D. , 1977.
, BOARD • COUNTY COMMISSIONERS •FL)
WE JO TY, Ce ,.' DO‘inATTEST: fl a^�4EUlna4tt.�i {s .rr
�l
Weld County Clerk and Recorder �
Clerk to the D. 1
rt
;
uty emunty C l
si
STATE OF COLORADO ) ','Ai
COUNTY OF WELD SS.
The foregoing instrument was acknowledged before me this 29th
day of June , A.D. , 1977, by Victor Jacobucci, as Chairman .
Pro-Tem of the Board of County Commissioners of Weld County,
n 9
Colorado, and attested by the County Clerk and Recorder/ 0:......7i3 .. .''„
3/7 , i
WITNESS my hand and official seal.
'�' ':�.-r '.
.F:'Y� n :
M • commission expires: rip.;� '
} June 3, 1979 !.O i
bIO :ti
/� :PdR1'it .'s
fry Pub c
( r,
" ODD
ii -- BOOK Recorded a„1/ , '' o'clock_a_m_ JUN..3 0 197, Al+ 1"l232G6
SillRee...No, Mary Ara Gevenmin, Rev.
QUIT CLAM DEED !Cam
ill'
KNOW ALL MEN nY THESE PRESENTS, that the County of Weld, vf:3T. .
( a subdivision of the State of Colorado, for good and sufficient
es consideration, hereby sells and quitclaims to THE PRESENT OWNER k' 4
OF THE SURFACE OF THE BELOW DESCRIBED REAL PROPERTY F?w
the present landowner, the following real property in the County '
el
' ' of Weld and State of Colorado, to-wit:
,•G. r= A 3.129 acre tract of land adjacent to and adjoining on the South ' {,
the one-acre gravel pit previously conveyed to Chris Paulsen, said tract .4'
beginning at the Southeast Corner of said Paulsen pit; thence running in a f}'3y
° Northwesterly direction 510 feet to a point; thence in a Southeasterly 5 t
I. o direction 435 feet to a point; thence in an Easterly direction 312 feet "+ Y,
II n to a point; thence in a Northerly direction 265 feet to the said South-
C . east corner of said Paulson pit; all lying and being within the boundaries +'
•> of the East Half of Section Twenty-Om (21), Township Seven (7) North, I'
�� o Range Sixty-five (65) West of the 6th P.M. tip '.
with all its appurtenances. r'''*.1. i' M
c t- The Purpose of this instrument is to release any claimW.
t
which the County of Weld may have to remove gravel, sand and
other road-making materials from the above-described property, 1
r those rights having been granted to the County of Weld by virtue }..
llof an instrument recorded at Reception No. _g34861 in Book 1055 •i°
}`{ at Page 498 , Meld County Records. il
n1
{' IN WITNESS WHEREOF, said County of Weld acting by and through a
4
p its Commissioners, Junk, K. Steinmark, Norman Carlson, victor
l
g Jacobucci Leonard Roe and Edward Dunbar, has caused the corporate �"F��p"
'I name to be hereunto subscribed and its seal to be hereunto affixed Rs..?
./ and attested by the Weld County Clovk and Recorder this 29th day t..
1 °I. ,'ripe , A.D. , 111_v. ,
BOARD OF/COUNTY COMMISSIONERS ""•
WELD 1' COLD DO
ATTEST.' Victor Ja Icci, Chairman Pro-Ten P
a K.
i Weld County Clerk and Recorder ,
, and Clerk to the Do,
v: '
uty unty Ci
STATE OF COLORADO ) �•,'. :
) SS.
COUNTY OF WELD ) Ts:
The foregoing instrument was acknowledged before me this 29th
day of June -, A.D. , 1977, by Victor Jacobucci, as Chairman
Pro-Tem of the Board of County Commissioners of Weld County,
Colorado, and attested by the County Clerk and Recorder,; x .. '�.,
WITNESS my hand and official seal. •/.''j1 '•.,' ,
My commission expires:_ ,Tune 3, 1979 ,e.. : i• q o, .F
t4'; �t
'1 :49 i
o ry Pub ac •.,,!„"
v,•* aq ry-.1�
a 3 ..- t-1 t�tw.+b 4 ': • 714440
t.4`Kt,4ili • t -9A?,ry
I 44.v:
4 X872 a=t
; .
s
RKod.dm_ -23 oa«k P �nJUl 11977 X ,th
lig
S RK No.)773.504.......�'�'t Am F.un.tew.,R.caar •--t �.,'N‘
4 ` , I
PERSONAL REPRESENTATIVE'S DEED UNDER POWER IN WILL el,
CP
THIS DEED, made this ?,ofk day of c.".?, 2 , 1977, I
Y
'`1 • c\ between THE FIRST NATIONAL BANK OF DENVER, J Personal Repre- • s "
2 ...
ii ri sentative of the Estate of Chandler Weaver, Deceased, Grantor, wc '04
o and LAWRENCE A. MYERS and MARGARET C. MYERS, as joint tenants,
0
of Box 173, Timnath, Colorado, Grantees. State Documentary Fee ° .
s
ir Date JUL 1 1977 '
a.`1M~ WITNESSETH: S /7,A.j ., tg
O o
3 rr
WHEREAS, ^,raptor is the named Executor under the Last Will o �•
` and Testament of the above named decedent, which Last Will and
_, Testament has been admitted to probate in proceedings in the ^.' I.
Probate Court in and for the City and County of Denver, State
R
of Colorado, Probate No. P-71854-C; and
WHEREAS, pursuant to said probate proceedings Grantor was ""
appointed the Personal Representative under said Will on Feb- .^t7
a
ruary 23, 1976, and is still acting in said capacity; and
WHEREAS, the provisions of the said Last Will and Testa- ),
ment of the decedent provide that the Personal Representative ea
S :
shall have the full and unrestricted power to sell any real or ^ 0
. .
personal property owned by the decedent at the time of his .'. s�:'
death;
NOW THEREFORE, pursuant to the power contained in said
Last Will and Testament, and for a valuable consideration, the
Grantor does hereby sell and convey unto the Grantees, as `r
joint tenants with right of survivorship and not as tenants
in common, and unto their heirs, successors and assigns for- l, '
ever, the following described real property situate in the '
County of Weld, State of Colorado, to-wit: . .'
That part of the E 1/2 of Section 21, Township 7
North, of Range 65 West of the 6th P.M. , Weld. ..
County, Colorado described as follows: . -
Commencing at a point onthe South boundary line
of said Section 21; thence running in an Easterly . ''
direction along the South line of said Section, i{N
2410 feet to a point at the Southeast corner of , ‘.:-
said Section; thence running in a Northerly,dir t'1 `
ection.along 'the East boundary line of said Sec-.
tion,-•4818 feet to a point at the Northeast': at
,:-corner of said Section; thence in a 'Westerlydir
ection along the North boundary line.of'said Sec- ) 7'
tion, 2361 feet to a point where the land .of,THE
.
7 t •
r� 5..'Cv r ,4J•1' re r r .f':l t'r t 457." a•R,+f w ,•u., .il, rfg., jst.''L''' a Y$''.e•'.
II .`r ( Y�° •/f „4I�i .3Y� 7 {oii X^'by 'F:'{.".�r-P�I,L"qYn�% { , r'.,.11F*. �
r."`d . ‘034 8O2 1723504
Y.
w 4 2 - 2
sit
WELD LAND AND CATTLE COMPANY begins; thence running
ail in a Southerly direction along the East boundary
sspai line of the land of said THE WELD LAND AND CATTLE i'.
A' li COMPANY, 4886 feet in a direct line to the point
of beginning, EXCEPT a strip of land as conveyed .r
a I by Deed recorded in Book 76 et Page 150 and EXCEPT b
fi' a parcel of land as conveyed by Deed recorded in
Book 1248 at Page 154.
6.{.
TO HAVE AND TO HOLD the said premises, with the appurten- ' '
ances, unto the said Grantees, their heirs, successors and
i
.c`. .,, assigns forever. a
•
yti:., This conveyance is subject to all easements and restric-
b' `.
fM�J
i •-
ti.ons of record, the outstanding tenancy lease, and current r ?
2
?;d taxes for the year 1977 due and payable in 1978. 3.
'f,
Executed the day and year first above written.
y} ..i.•'\pE FJNSt.l ,
ID j` Y 40;,..... .J7/ THE FIRST NATIONAL BANK OF DENVER F!•
' h' : -? /-, 7� o'O _ Personal Representative of the
., 9.1' 7. / Estate of Chandler Weaver, Deceased
r•
• `��',I/�IN 0 l(1`.i' Vice President S Trus Officer \ ••
1.
t STATE OF COLORADO )
`y, CITY AND COUNTY OF DENVER ) ss.
The foregoing instrument was acknowledged before me this •
�: " �{ 30th day of June , 1977, by THE FIRST NATIONAL BANK
„ OF DENVER, Personal Representative of the Estate of Chandler
Vice President &
Vy Weaver, Deceased, by and through its/Trust Officer, Dorothy 0.
16
),,itu$vev .
7
rt.; tlitMes mu hand and official seal.
¢x NOT R y DJ
i. • co(Nnission expires Co — — I r.
G A
• re
.; n tart' Public
sx;3:
e
•
•
•
Li
al
•1 f
- .
99>(c- _ B 1082 REC 02022518 O8/28/65 10t07 1 , $6.00 1/OO2 ,
I AR2U22518 _ F 0175 MARY ANN FEUERSTEIN CLERK 6 RECORDER•WELD CO, CO
•
c•
.`Wars ryty`Deed
THIS DEED is a conveyance of the reel properly described below,inclu1rng any improvements and other appurtenances DM
• "properly-)!corn the individual(s).corporation(s),partnership(s),or othere]idy(ies)named below.,GRANTOR to theindlvidual(s)
1 or enlity(ies)named below as GRANTEE.
'a The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the Property,
except for(7)the Hen of the general property taxes for the year of this deed which the GRANTEE will pay(2)any easements and
t. rights-ol-way shown o1 record(3)any patent reservations and exceptions(q any outstanding mineral Interest*shown of record(5)
any protective covenants and restrictions shown of record,and(6)any additional matters shown below under'Additional Warranty Exceptions".
The Specific Terms of This Dead Are:
Grantor, (Give numis)and placebl of residence:if the spouse of the owner-grantor M joining in this Deed to release homestead rights.Identity
grantors as husband and wile 1
Fill LAWRENCE A. MYERS AND MARGARET C. MYERS
t Grantee: (Give mmel•I and addreniesl;statement of address,including
.tM arnUSN road or street number.N requlr.dd •
• JOHN B. HAITHCOAT AND MARY G. HAITHCOAT
• 38565 WCR 43 EATON COLORADO 80615
Form of Co-Ownership: tit there an two or more grantees named.they will Or considered to bee at Warta In comma.,unless me words in
Mint lenarcy"or words of the same meaning are tiled in the space below.)
li
JOINT TENANTS
•
Property Description: (include county and stale) ' curnc —'-" e`"
Dote State AUG 2 8ID De
° $ 750 O 1�S. ..
SEE EXHIBIT A ATTACHED HERETO
irk
•
"0"-, 38565 WCR 43
•
Property Address: peq/lp pP/� pppp(6.l C[
Consideration: RhtlHIRMlenl of a dollara.n PsT,gplMf,.adequate conenenllon lot this deed wilt hap.," red unless this conveyance Il
identified as a 9.11:in any case this conveyance is absolute anal and unconditle oat/
RSEVENTY FIVP) T OUSAND AND 00/100 r
story! ens- esdc one: IIIIhe GRANTO intend• .....re any intersir the property or to convey less than Mown*,on ll the GRANTOR
y. N ref!riding the GP.NTEE'5 right in the propene maim appropriate indication.)
m
".-Cn
O
a Additional Warranty Exceptions: undue,deeds of host being 9e,fumed en]other matters not catered pq.abl
a
3
n
.. Executed by the Granter onAUGUST 2e 23.,-1983--- Is _
Signature clause ler Corponnen.Partnership or Association: ". Signature Clause fore indlrleval(1
•
•
• Name of Grantor: Corporation,Partnership or Associafion �����.2r7:4-14-.)
' / Grantor )r
LAWRENCE A. MYERS
By
By
Grantor
IA X ! /1u,
AtINI .. r•' U Grantor
..`!. .V.1,14: MARGARET C. MYERS
STATEO�'OOL6RADO
riotTp.e] ,,µ .
Dri`rgw-9_jsmf lruee�waucanowiedg,d before me Ihn 23rd day of AUGUST .I\
ry[+y��e ,AA1IttcWE d,: MYERS AND MARGARET C. MYERS 85
M�'mpnniWms?!1m..• OCTOBER 20, 1985 -. /g,....,,,977
.fire1))� C . Nets.y Paulo
SYATE,OF..
COUNTY OF 1 ea' 1221 8TH AVE., CREELEY, CO.
The foredooms instrument was ackrwwfealN before me Mrs day of ,II
....,^ ay.
a'name individual Grantors)or 11 Grantor N n CorpoGon,Partnership orA»Oclalon,ter Mentlha n n gne presidentoe vicepmMentand secralaryor eslstant secretary Of corporation:er as panner(s)of partnership:w as authorized member(*)of association.)
WITNESS my hand and official seal. I
My commlaelon noires: Notary Iugb
O Ott UPDATE LEGAL FORMS NO.201
P.O.Box ISIS.Greeley,Colorado t0 ]t 6 `13031 PO. ass-see
0
B 1082 REC 02022518 08/28/B.5 10:07 $6.00 2/002
• F 0176 MARY ANN FEUERSTEIN CLERK E RECORDER WELD CO, CO
EXHIBIT A TO WARRANTY DEED -.
DATED: AUGUST 23, 1985
GRANTOR: LAWRENCE A. MYERS AND MARGARET C. MYERS
GRANTEE: JOHN B. HAITHCOAT AND MARY G. HAITHCOAT
Lot 'A' of Recorded Exemption No. 0709-21-1-RE 782 recorded August 14, 1985 in
Book 1080 at Reception No. 2020777; being a part of the E 1/2 of Section 21,
Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado.
TOGETHER with a 25 foot ingress/egress and utility easement over and across
part of the E 1/2 of Section 21, Township 7 North, Range 65 West of the 6th
P.M., Weld County, Colorado, as shown on the plat of said Recorded Exemption •
No. 709-21-1-RE 782, the centerline of which is more particularly described as
follows: Beginning at :he Northeast Corner of said Section 21, and assuming
the East line of said Section 21 as bearing South 00°00'001' West with all
other bearings contained herein relative thereto: Thence South 00"00'00" West
along said East line, 1826.01 feet to the TRUE POINT OF BEGINNING of the
cenrerline description of said easement; thence along the centerline of said
easement by the following two courses and distances, South 88•44'42'' West,
945.94 feet North 79°02'55" West, 122.34 feet to a point on the Easterly line
of Lot 'A' of the aforesaid Recorded Exemption. Said point being the TERMINUS
POINT of the aforesaid easement centerline. The side lines of said easement
are to be prolonged or shorted to meet the Easterly line of said Section 21 and
the Easterly line of aforesaid Lot 'A' of said Recorded Exemption.
By Acceptance of this deed, Grantees, for th•r•selves, their heirs, personal
representatives, successors and assigns covenant and agree that they shall
at their expense be responsible for maintaining the right-of-way in good and.
usable condition for passenger vehicle use.
Grantors reserve all minerals owned by them. •'
I.q
t' �, `,� 0tv + Q• t II
. t
• B 1108 REC 02048578 04/02/86 7.3:17 $6.00 1/002
AR204d578 F 0448 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
Know nil fdten bg these Presents, That II.1•Ic,
t LAWRENCE..A....14Y£RS._AND...HARGARE.T...C....IIYERS
'a e
t • whose street address is.1899._..7th.Avenue............. ...City co@men of...Croal.e
y
County of T. 1R1 And State o' Colorado
•
Jot the
consideration of oGle.x..vaxtlable.consideration and 'lea----_;,^___�
In hand paid,hereby sell(s)and convey(s)to R.E..A.FArtS,..INC.,..a..Colorado,coy raticti.....
r c/o IY'rt E. Omens ,
whose street address is/..,202Il..9th.Street City flaibyrkof„_„f1..aeley
t•
•.!� County of weld and the State of._...........001RF,}.d2
the
following real property In the County of Pk1d
and State of Colorado,
•¢.• to-wit:
'DIE DESCRIPTION OF 'n PROPERTY i12.7REI3Y C]w&YED IS ATTACHED
IIERLTO AS Mil-BIT A AND !TOE A PART IJElwe BY But:RENM.
• .c Dxomentcry Fee
•
•
Date.EpS a a.1981p.. 1
s.14..x..._
•
o ,
•
art��rai"itvl aptpit n es and wam.nt s thC t t11e to t1, e, subject tq rights of way for rrud Y, 9 €of`way conveyet to L•h Tllam ft.. O iver in quit clams deed recorded
June 3, 1889 in Book 76, page 1.,0,Field County Records, Greeley No. 2 Reservoir and any
and. all' rights'ofway'therefor;..easement"and•Yiz{:R:of way to rerreve graveI'aii3-'ioad=
raking and building material as sham in Bode 1151. page 471, Fead County Records, and
the 1986•taxes-payable.in•1987.
Signed this 1st day of April
A.D. 19.....86...
In the Presence of �� �� J
• .. .Qs214C.. .:l
•
A t....EJRS/�
C. [lYEP5
STATUTOPY ACKNOWLEDGMENT
STATE OF COLORADO, )
es.
County of 11.7.111. }
The foregoing instrument was acknowledged before me this •
,11'r}"f'•tl ., 1st day of A,ri1 I
. .:�;..,......., ai,\a By LTil+7tL.ICE A. ^li F.RS NI) t1A VRLr C. ."IYr_.PS. BBfi
t b ° ' ,.9 Witness my hand and official seal
• dCecerrEer 1, 1986
,•••:-. - 1 7i Q;1 ` My commission expires
•
. �•. l Q .. ......... ....... ...
\�`J,...... . ••
1113 10th t�rentx: Notary Public
'`,,,.•..' a Greeley, ,Colorado 80631
Address
Memos Aee,..e re,
Future Tax Nonce. Name .. .
FOAM tea REV.a-Ts WARRANTY OEE0.er.rv.onr ratite r Malting.c Address
�� —__--
o,.n,o.en.e,x, o se.r.xoacnrt ca..nrnven 93040
B 1108 REC 02048578 04/02/86 13:17 $6.00 2/002
,Y? F 0449 MARY ANN FEUERSTEIN CLERK t, RECORDER WELD CO, CO
."i
EXHIBIT A
I4; —
A parcel of land located in the Ell of Section 21, Township 7 North,
Range 65 West of the 6th P.M. , being more particularly described
as follows:
BEGINNING at the Southeast corner of Section 21 and assuming the
East line of said Section bears N00°00'00"E with all other bearings
contained herein relative thereto:
thence N00°00'00"E along the East line of said Section 21, 3017.31
feet:
thence 588°44' 42"W, 944 .88 feet;
thence N79°02'55"W, 122.14 feet;
thence 505°45'22"W, 59.18 feet;
«'y'b thence S51°48'23"W, 93 .83 feet;
' I thence 576°05'25"W, 360.48 feet;
;w'. thence 500°11'14"E, 988.37 feet;
thence 589°34'47"E, 213.72 feet;
thence $05°40'04"E, 49.22 feet;
thence 589°00'04"E, 282.75 feet;
thence 506°10' 54"E, 239.95 feet;
thence 506°37 '50"E, 1173.29 feet;
thence 564°59'35"E, 119.58 feet;
thence 506°34'53"E, 317.30 feet to a point on the South line of
Section 21:
thence 589°46'36"E along South line of said Section 683.59 feet
to the POINT OF BEGINNING.
' '! TOGETHER WITH all rights and rights of way to Myers Tail Water Pit and the
water decreed for use therein in rage No. 80 CW 225 in the District Court
'' of Weld County, Colorado.
'. RESERVING, HCWLVER, unto grantors an undivided 1/2 of all oil, gas and other
! minerals in, upon or underlying said pre uses, together with the right during
`!; grantors lifetime to lease one hundred per cent of all oil, g>r and other
minerals.
8", ALSO RESERVING the right of the use of the Chandler heaver Pumping System
Hells, and water distribution system and any easements therefor, as disclosed
- ° by Decree recorded October 22, 1953 in Bock 1372 at page 294, Weld County
Records.
ate-i
4
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t r_,$.6 , ss.!y �� • x •.ya ,......t..:.,..O% • . Y .4,- ,� k a a ate + +
t 'l643 , •lls x r.1 .jf n / ,x1 ., Ik , Try, SY Ael; �1 b,. .'++ .T. V, �.
, ,♦ '41Y i Z e r;,;14 » • ?4 [ 6 F W r ' . >�:. •" I , •4 a 4:1,t,,,,,'n a ''' "•.T-
s t • .(y, i y' �S •-:4“.....,•...v ! 1 '1. G j.S x a L • ,n • r ♦d•'af r r₹ 4Va�� ,
* • .. AR207A954 A ® t i. e4f
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t,,-4 ,4 -�.r :i.:1 >
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tl ; ' B 1137 REC 02076954 12/02/86 11:58 $39.00 1/013 .. 1.-1:401.: .
r 141 F 0454 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO trin ;
1 't i 1 a4 ;'•
°"
a 4 f .:`t'.
rA eM4u
• 4 rr l+i LAST WILL AND TESTAMENT ti} t41 ts.
•1r.
r,.l , rF}}
1.":1'..1 --...;,..1 rL �';` OF :41:;153:14:
it
Vp I.i 11 } 2,t
li<Y`. CHANDLER WEAVER r'�r grit,
« `
•xi ' 1' _y� I, CHANDLER WEAVER, a resident of the City and County of ty 'S`,,
t44,..:(,-.:.,.•
tiv i - i� t '
+, ,, [ -;a( Denver, State of Colorado, being of sound and disposing mind ,+ s 'x;
‘ d
+ r ' •., : and memory, do hereby make, publish and declare this to be my td. 4 , �':«
. . ,
' ` s7 &r'''• Last Will and Testament, hereby revoking all *Rills or Codicils-1 '6
�1fY {•,.
.'[ '
S , 44"k". r s.�
+.S • �} ` heretofore made by me at any time. i
.
>�'-r•!S'YellI. . ARTICLE I • 1•_
h
• - 5; Appointment of Executor - a' r` .j y{
/ .1 1 • . Glm'S' ,
' .0. I hereby nominate, constitute and appoint The First National tit ;ry s
rA
' + r r r '' Y Bank of Denver, Colorado, to be the executor of this my { •ii
.jr... ti Denver, 7}₹
` Will. I direct that my executor shall be exempt from furnishing nt y,
+`` y• +r - any surety or sureties on its official bond as executor; and I 4.:• lA{y} :t
' •_ �.` ! ' direct that it shall not be held liable for anything except its r' dz
r , :
.'• , ` own willful malfeasance or default. *r;> `•
[ r s ,j• �< .i,.
li V4..fr. rt. ARTICLE II +r�a C.1,:.1.1,11--"..%x
rte.t '[� ° + Disposition of Remains • tt > k
r 2 t1 yi
'=`' ' Y7• ? I direct that my remains shall be interred in a crypt in the ' "*.•'
t mausoleum of the Fairmont Cemetery Association of Denver, Colorado, r r�
t I:** I„ or otherwise as may be directed in any letter hereafter executed by '' dbt
b, j0 , f) me and in existence at the time of my death. - a :
[ ., ARTICLE III �fl r r ax. 'i.
; a+t •• 1-. Payment of Debts and Taxes ;< ' + '•/
1:
I direct my executor to pay all my � '
just debts and funeral
r • wy
-.A'w...-47.44,-,
''� •e' v r ; ~ � expenses, tu•d to pay as an expense of administration all estate, `r'1
Yr � .
• 'a' r ` g inheritance or other succession taxes which may be imposed with t _ p 1rr }r =
r •tk' respect to my estate, specifically including the taxable value .z. , _-
J:'
yr O
a i1 • of life insurance, if any. �.
o ' v.iiiiii } i
,. S b
4
e
( l • 8 ti.
r
P.0. / . .
Ct y4 ` • i����i '�.:/4 iYwi' � /i �13�Y,�+Pw"Il�' 'rz''t ii +T, x {�t ,16-1,,• YrfiHtc,. frk4Yx.1•..4434'- t� ?'rW a.':e, 7 `_.. t '''
a 'i' '
<.� t B 1137 REC 02078954 12/02/86 11:58 $39.00 2/013
..17.,,f3::;,.., 1:4
4rl''
1 i,. .rjy. a >..
}i i ' F 0455 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO Ali')(` ,y 1....7.::„.,.
_ r�l
i'sy. a, .i k.x-
i. { F; ARTICLE IV 1:i441):::::16'.44.1.
l ". eli Specific Bequests 'r }6 •, w i,
,,,,,v,..1,.. ri., A. I hereby give and bequeath the sum of Five „7" j �ic'r` ,,
:� Sy ,� ', Thousand Dollars ($5,000.00) and Four Hundred (400) ` '• ft;,�,',
+ri)t t)' '. shares of the Ten Dollar Par Value Capital Stock of ,i4 ti •1/4'
:::,..r.-.4];‘, '‘. i.:4 f Y ;�_�y1
wr° i .ai 1;4 !the Mellon National Bank and Trust Company of Pittsburgh, 1 `C•i.t •$ -,
4t °.� i;.-.4r;
�, , Pennsylvania, if such shares are owned by me at the time �• � r ( "e:. -'.
a
`; t 'fit ., 114! of my death, to each of the following: 4. t `ta i
.'r
. ,'y , i,* '7x",` 1. To my brother, Thurs nn Lane Weaver, , ';:.i.'.41 •7;.,,!.4;7171,::.
' `
r s+' presently of Blue Bell, Montgomery County, 1 .fa1 1`r 'rj�,,,
t J�r a x`
.Mee %k� {� Pennsylvania, if he survives me. }aiY 4, .Kp;,4:h,
�i .r a ♦ 2. To my sister, Bertha Weaver Blood, ;t{rlt{sre i; P
,,•!.
Z • ' - A Ar `''
t3 ,,' J ,'!e, o presently of Chestnut Hill, Philadelphia, 4 It 5 a
x `
r F , f
t` ,y`< li Penns • ,vania, if she survives me. •J "Z)r' isv; ;•{ {• :;.,-, It 3. To my sister, Florence S. Weaver, presently o i ,.,
,��°I j , P .4 f3
y e of Jenkintown, Pcnnsylvania, if she survives me.
,t •• Y - �.- s �� ..
�' t
'"` a 4. To my sister, Eleanor Weaver Middleton, '' i
S i . *.
, presently of Ambler, Pennsylvani.,: if the survives x .° e =.
' r
. t
.,'::, r me. „tj Va:'.
• Yr •. ,"••;
.' a� 3T 4; „ #` B. I hereby give and bequeath the sum of Two Thousand '(C'�a, '.',•'.j
r;i " " Five Hundred Dollars ($2,500.00) and Three Hundred (300) shares f}1, .s,f 1c ,err ,
;a .'} ,.' : of the Ten Dollar Par Value Capital Stock of the Mellon ii �i S '�r
r ,r A: ` ,1s National Bank and Trust Company of Pittsburgh, Pennsylvania, :'o4,• rC,*44,.••
° '�� '; if such shares of stock are owned by me at the time of my death, ' •.sr:as ':ir {.ra }
ri ;4 at fin
to each of my nieces or their issue as follows: .'..r.,1;,..127.44 :4-
-
Y . , .1
' r •; ;,..,.i,, 1. To my niece, Janet Blood Brown, presently 7cr ; � b` rvi,:
P.,::,^:*;; ':,
t'Jt of Rosemont, Pennsylvania, if she survives me, or i r Ti 't,.1.
S . ' A *'+.
' if she does not survive me, to her issue who survive
i t,;µ4 •$ ��� ./••� me, in equal shares, per stirpes and not per capita, ",1' 'sf
i l !
..,-`..v.:,;;; : / . ' 2. To my niece, Elizabeth Weaver Morris, 'i3 � I '"'
, presently of Beach Haven, New Jersey, if she 1 ; _ ::
}. .•:r e , r ..f u
' r , •
° r;�' i .ia'r.
'
Y v 1 X V 1.?i':.
t .
', 1137 REC 02078954 12/02/86 11:58 $39.00 3/013
' ; F 0456 MARY ANN FEUERSTEIN CLERK & RECORDER VELD CO, CO
y
t
survives me, or if she does not survive no, to
; her issue who survive me, in equal shares, per stirpes
and not per capita.
3. To my niece, Ann Weaver Lee, presently
°o' of Gladwyne, Pennsylvania, if she survives me, or
if she does not survive me, to her issue who survive
me, in equal shares, per stirpes and not per capita.
4. To my niece, Eleanor Middleton House,
', •' prese tly of Felton, York Ccunty, Pennsylvania,
0
if she survives me, or if she does not survive me,
to her issue w'10 survive me, in equal shares, per
stirpes and not per capita.
C. Knowing that if my deceased wife, Adelia Bosworth
Weaver, had lived, she would have wanted me, on her behalf,
to remember those who are named below, and because of my
continued friendly feelings toward them, I give and be-
queath the following amounts to the legatees hereinafter
named as follows:
1. To the Margery Reed Social Center and Day
Nursery Association, a Colorado corporation, the
sum of One Thousand Dollars ($1,000.00) for the
/- welfare fund of said association.
2. To Nellie B. Hutchison, presently of Vero
Beach, Florida, if she survives me, the sum of
Two Thousand Dollars ($2,000.00) .
.:: 3. To Irene D. Ralston, presently of
'v Longview, Washington, if she survives me,
2 : '2, 10 the sum of One Thousand Dollars ($1,000.00) .
' •• % 7• . 4. To Robert B. Hutchison, Jr., the son of
,r^ 6��/�,( Ruth Engdahl Letsche, Birmingham, Michigan, if
4,
he he survives me, the sum of One Thousand Dollars
•' ($1,000.00) .
•
-tit •rryh1 4:0, �``} 444i4
..F ,f''i/M 4{` 41,4 4N", Yen s• , S.•q . 1/ 414" ...•
n
if0
t`` ' b 1137 REC 02078954 12/02/86 11:58 $39.00 4/013
I(( F 0457 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
trtli
Iis
`�•,
5. To Peed and Esther Hutchison, presently
i ' of Vero Beach, Florida, or the survivor of them,
if one or both of them survives me, the sum of
i;
Two Thousand Dollar4: ($2,000.00) .
Iiii 6. To Ronald Hutchison, the son of Reed and
Esther Hutchison, if he survives me, the sum of '
44
One Thousand Dollars ($1,000.00) .
7. To William Hutchison, the son of Reed and
`?-''
Esther Hutchison, if he survives me, the sum of
0,
i One Thousand Dollars ($1,000.00) .
o?V
jj� 8. To Nancy Hutchison, the daughter of Reed
('a'r ti
and Esther Hutchison, if she survives ma, the
e14,
sum of One Thousand Dollars ($1,000.00) .
...1.1.
41 D. Knowing that if my deceased wif , Stella Ellis
��t :�,- Weaver, had lived, she would have wanted me, on her behalf,
]
;{tiif to remember those who are named below, and because of my
54
,{";, continued friendly feelings toward them, I give and bequeath
lV.
';"' the following amounts to the legatees hereinafter named as
l . follows:
i '.wli 1. To Katharine DeBernardi Long, presently
hio
4," of Austin, Texas, if she surrvives me, the sum of Two
Pt.
.. Thousand Five Hundred Dollars ($2,500.00) and One Hundred
5t!? ' (100) shares of the Ten Dollar Par Value Capital Stock
•2i; ' of the Mellon National Bank and Trust Company of
.6,4%: Pittsburgh, Pennsylvania, if such shares are owned
?Till
by me at the time of my death.
frl
P '` /3` 2. To Anne Sutton Coraelius, presently of
8r"
.[" ✓/ Cypress, California, if she survives me, the sum
}f.3. o/ of Two Thousand Five Hundred Dollars ($2,500.00)
4.,
'`' and One Hundred (100) shares of the Ten Dollar Par Value
"6%- Capital Stock of the Mellon National Bank and Trust
,.' Company of Pittsburgh, Pennsylvania, if such shares
St.te,k +yti ^ Y .,ti- O1;4,1;"- n...K�\ :"., i e o. 'ettiaras $y1..;: ,fit,^ { e r :irl i+tr,;'::f
iirt
IVP re r 4D
�. B 111 REC 02 34 12/0./86 11:58 $39.00 5/013
S, F 045 s IlhRY P.Y. FEJERSTEIN CIE RK a RECORDER WELD CO, CO
v
i-G•; are owned by me at the time of my death.
.11 3. 1'o Leland Ellis, presently of Dillon,
• I Colorado, if he survives me, the sum of Two Thousand
Five Hundred Dollars ($2,500.00) and Fifty (50) Shares of
liii"Y the Ten Dollar Par Value Capital Stock of the Mellon
I,
National Bank and Trust Company of Pittsburgh,
. Pennsylvania, if such shares are owned by me at the
tr.:
tine of s.? death.
.!... .''I'1
t
4^:T.
�-':c. 4. To James G. Ellis, presently of Dallas,
iY .
tl Texas, if he survives me, the sum of Two Thousand
'� ,t- Five Hundred Dollars ($2, 500.00) and Fifty (50)
;?'r••'' 1 Shares of the Ten Dollar Par Value Capital Stock of the
_ Mellon National Bank and Trust Company of Pittsburgh,
k
F, , Pennsylvania, if such shares are owned by me at the
•
ktime of my death.
At.
4� t,.. E. I hereby give and bequeath the following amounts to
*111
.•.,s: 4_ the legatees hereinafter named, provided, however, that any
fr.v gifts which I may hereafter make, after the execution of this
Y
x '. ;• Will, to su_h legatees, whether in trust or otherwise, shall be
.4'14%.; considered as advancements to such legatees and shall
A f:
1i be charged against and deducted iron the amounts herein
54' ;7,
p:-ovided to be distributed to then: •
1`4y . . 1. To the Rocky Mountain Osteopathic Hospital
1-4-...l
Association, a Colorado corporation, the sum of
w 10 ;
Five Thousand Dollars ($5,000.00) to be used in
err � 4 7
furnishing and equipping a room in said hospital.
p' / 2. To the Denver Childress' Hospital, or
,.114.: ,�,7f� to any successor in interest designated by it,
the sum of Five Thousand Dollars ($5,000.00) to be
d '
';12
� ,'y used in furnishing and equipping a hospital room.
b6
f
'p .,ir'
• `9 0 0 t
r ` !
i B 1137 REC 02078954 12/02/86 11:58 $39.040
t F
0459 MARY ANN FEUERSTEIN CIE RR 8 RECORDER WELD Cg/°g
f
f
il
34 r
..j.,. 3. To the Friends Hospital, Roosevelt Avenue and
:k .'g
.;'.V' Adams Avenue, Philadelphia, Pennsylvania, the sum of
kw4 1'
`�>''•"' Five Thousand Dollars ($5,000.00) to be used in such
a'Amanner as the governing board of said hospital may
y'
Tt,1•'t determine.
1':k
*.t; + 4. To Jeanes Jeanes Hcspital, 7600 Central Avenue,
>jj; Philadelphia, Pennsylvania, the sum of Five Thousand
7;:
', °P.*,,I Dollars ($5,000.00) to be used in such manner as the
Ytj '
iPO governing board of said hospital may determine.
d, '
5. To Abington Monthly Meeting of Friends,
'.,
' '-' Jenkintown, Pennsylvania, in which I am a birth-
right member, the sum of Five Thousand Dollars ($5,000.00)
itillY
Oi'Y5.
. to be used at the discretion of the Board of Overseers
-
!'r .
` of said Meeting.
j" 6. To Denver Boys, Inc., the sum of One Thousand
Dollars ($1,000.00) to be used at the sole discretion
1,O2',,,-
`e.:7 of the directors of said corporation; it is my wish,
e""- however, that said amount shall be used as a revolving
• I7 loan fund for deserving boys.
7. To the Denver Art Museum the sum of One
Thousand Dollars ($1,000.06) to be used in such manner
4;• . as the board of trustees oc said museum may determine.
I`, ;`; 8. To the Briarfield Association, Inc. (Psi
�,`, Chapter of Chi Phi Fraternity) , Bethlehem, Pennsylvania,
attAv, the sum of One Thousand Dollars ($1,000.00) to be used
` • Vtd as an endowment fund at the discretion of the board of
d
.n(a,:
y trustees.
x4)
ti 9. To the Fairmount Cemetery Association for
4O. addition to its Flower FunJ, the sum of Three Thousand
T.• Dollars ($3,000.00) .
,
10. To Florence Mason, faithful domestic employee,
. y
presently of Denver, Colorado, if she survives me, the
- .:•'. sum of One Thousand Dollars ($1,000.00) .
•n i14' .P6.7-.1Ci0i. sir;,i i; tF •>Stiaf •'fire +l '+ ,rs i•';� 1,h} ".r#IYy•may.:_", s , ♦ s . . or ..
-1O4.-/,,,. ` �A ,7.O:t1. 1`In�RiK� b�' (, �.s '�(f� A �£ it yl .1. Y a �tv.
K ,irl, �'. 6 • e, o ."ti�A/ i x.131. .+� 3 ,fl , et V..;'!`•64': ,�P �, .. . n(� b
,c„,,,,r
b 1117 REC 02•-. 1 U4 12/0 "8S 11:s8 $99.10 7/C13
h441; F 04b0 MARY VILi-;RSTEIV C;..5 Re 5 :ECORDER I,ELD CC, CO
r
A
.4.1404
pI.1 11. '.o John P,rt_clLi, presently of Denver,
r`r;
�si- Colorado, if he survives me, the sum of One Thousand
rlt
Dollars (' 1,000.00) .
}",5'i '-
qt; F. I hereby give and bequeath the following items of
qt;
y'?1'3 personal property, if owned by me at the time of my death,
MIA.
zi41s to the organizations named as follows:
rr
ter ' 1. To the Abington Monthly Meeting of Friends,
iyyIII4 Jenkintown, Pennsylvania, my grandfather clock which
yy}g A
/tit
. is now located in the Barnes Room of the Meeting
4k {_
ae .i,! rouse, provided, however, that if such clock has been
.'ia removed therefrom by me prior to my death, this
2.1:13
Eiti`
0.,.y; . bequest shall become null anal void.
;1744-
14. 2. To the Denver Art Museum my large Ming
V57-.1 Vase (ancient Chinese milk, container) presently
;;,;.,� located in the living room of my home.
3. All other items of clothing, jewelry, household
yy}� furnishings, and other property of a similar personal
4 9' x.
'yrjirr nature which I may own at the time of my death, to my
Orr
:49
gg����,y; friends and relatives in such manner and shares as my
Riffs
'•
}�� executez may, in the exercise of its sole and absolute
41. discretion, determine. Wi.nout in any way requiring
, my executor to hono: any subsequent requests which
APE I may informally make, I do request that my executor
a41:1 use tts best efforts to honor specific lists, if any,
as
which I may hereafter provide to it from time to time
Alt as indicative of my desire as to the disposition of
•l ' such items.
'.a?....;
y,- ARTICLE V
1
rIt: Disposition of Pesi&.iary Estate
'." 2:! Subject to the provisions of the foregoing Articles III and
IV, I hereby give,. devise and bequeath all of the rest, residue
p'.1.
iyf
; :f;Atg
.a k✓`,�jt f ., I$.'er 1, 7iJ' e },?),;i1,,
J� r. « vi tS • it 'K 4S, tl4 +1'n I, 1Y , i tQ:!::, ;r:c rr'.e Xvj ' g , • N
,I4 11
4.
�h . 13 PVC 02070' 4 12/02O36 ,1:' 9 $39 .( 0 9/Ol3
046 WAY AN; hlUERSTF N CLP.F( & RECORDER WELD CO, CG
it
operty, f i.,.- -y ,-_ud and errcription wherever
14
*+ situate and whether r-: r own. c by ma or hereafteracquired in two equal
84
r stirpes
share;, one such shire to be hi tributed in equ�il shares, per
tors and brother flared in Paragraph A
and not ncr capita, to m y srs
of Article IV above and their respective issue, and the other such
r share to be distr.i'o1 :cep to ay Trustee hereinafter named,
to be held
:ill in trust for the fol'.owing uses and purposes:
4,
+. A. The Tr-1st shall be known as The Chandler Weaver
i'lt` Foundation.
et
•
^f,., D. All of the income and print ipai of the Trust
tk•i for educational
+yi'Y shall be used by my Trustee exclusively
pq, and other charitable purposes.
t.
C' C. My Trustee shall establish three separate funds
: + within the Trust as follows:
3di; 1. Twenty Per Cent (2(A) of the Trust shall be
'�� established as a fund for the benefit of the
g Jenkintown,
^e16: Abington Monthl.�� Meeting of Friends,
in memory of vty mother and father.
;riJy Pennsylvania,
4' y
«t" My Trustee shall distribute the net income of this
i jr ,'t
fund each year to the said Abington Monthly Meeting
t,;,s .
}"'jIt. of Friends for such uses and purposes as the Board of
"'" ' Overseers thereof may, in their absolute discretion,
ciT;. but not a rueluire-
4-, deem appropriate. It is my wish,
‘W. '':' ment, that, so far as practicable the income of said
7_..
J"dx
4r'•�i fund be used for the support of the educational and
Cs
4".?" health activities of the Abington Monthly Meeting of
% Friends. In addition to the income produced by the
said fund, my Trustee may, in its sole and absolute
,," • discretion, distribute to the said Abington Monthly
:i:"_.�. Meeting of. Friends as mucl- of the principal of such
;.'.'! Cper year
�' ;:f.jd fund up to a maximum of Five Per Cent (5%)
., •
i� as it nay consider necessrry or desirable in further-
ye. c
it. /•� ance of the charitable and educational objectives of
• the said Abington Monthly Meeting of Friends.
i,„, ;t+! � ;ale'du ttAi^)*I a i Y"4?Sri dart, .Ant ( r�'„ 4+.i1 s - it 4n 4f" C:.' .1.
�.iii5"�t,P'rr 5. .Su w"�a F � . a�..,'N( 3lrxs < F"' lSt 11ekSw 't o.t✓j.1d u.
Kin- .r „L r". l'‘.ill') SS ,h.. 1 ,s1!. M " .Y ..g„.4, r.'/ .f •ca". +t1 i.
Y L I+ � . -...,t1,,,:ca". + v''Y
ij
a
1N 0 S
_ _ • , '7 RFC 020731g4 i ,/02/8' 11:53 ;5 7'- 9/013
F ( A ) 14 I:Y ANk, YI FPL:TE I9 CLEPE REC)nDE WELD CC, Co it'
{I _1
C ?F
5
41'!. 2. ;�:ent;, Per Cer.t {205 of thy• Trust shall be
M;
it. _ ablis'.,e( as a fund for the benefit of Lehigh.
fitgi
`4y ISnrversitl, Pethlchen, Pennsylvania , for the purpose
;tit of awarding scholarships to deserving applicants
'P therefor woo are residents of the State of Colorado.
4 If at the time applicants arc considered by said
'k. ,, University no resident of the State of Colorado is
41,
found to be deserving, then said scholarships shall
R
,4k
be awarded to deserving applicant:, who reside else-
,44.4 i,
SS• whore than in the State of Colorado. The scholarships
':4 •.
kA' arc to be designated as the Chandler Weaver Scholar-
IYFq��
' i
?� +j.• sLis and arc to be awarded in accordance with the
di:'.
al"t rules and regulations of Lehigh University in such
'.ls
'ry number and amount as circums'ante;; may warrant; but
"t' I wish to specifically indicate that I do not believe V3�,'; "need" in the financial sense should be the only
criterion for determining whether a student is deserving.
3.W
.f6/;% If conditions in the future shall render impractical
F)
.f): ; or undesirable the use to which this fund is herein
:)l,.t.;, designated, the Board of Tros tees of Lehigh University
4,1%'5. may devote the income to such other purposes as in
y4.1
e;. ,
. their judgment will further the educational effectiveness
i.f
Y• of said University. In addition to the income produced
t.
lr'l by said fund, my Trustee may, in its sole and absolute
&fl%' Lehigh y
r,.. discretion, distribute to the said University
Wi
.:., as much of the principal of such fund up to a maximum
i: T
of Five Per Cent (5%) per y<ar as it may consider
H.
ilf..
1f necessary or desirable in furtherance of the scholarship
4 he
' objectives of the said Lehigh University.
3. Sixty Per Cent (605) of the Trust shall be
fr/
se /Y established as a fund for the benefit of Lehigh
a.
1rr:
li; tots
• r
- - " B 1137 REC 02078954 12/02/86 11:58 $39.00 10/013
F 0463 MARY ANN FEUERSTEIN CIE FR 6 RECORDER WELD CO, CO
, s
University, Bethlehem, Pennsylvania, for the purpose
of endowing a chair of engin9:aring and science, to be
7
known as The Chandler Weaver Chair of Engineering and
� ., Science. In addition to the income produced by said
i
fund, my Trustee may, in its sole and absolute dis-
cretion, distribute to the said Lehigh University
sY'r.." as much of the principal of euch fund up to a maximum
Vi
of Five Per Cent (5%) per year as it may consider
.9 necessary or desirable to pay the full cost of
. ; establishing and maintaining said chair of engineer-
ing and science.
•'� D. If at any time circumstances are such that it is
+:i
not possible to use the principal and income of the Trust
f ?z
as provided in Paragraph C above, my True,tee may, in its
sole and absolute discretion, use the income and principal
of the Trust for such similar purposes as it determines,
4%)
provided, however, that such purpose shall be exclusively
{i';? charitable or educational within the meaning of those
r• '
terms as set forth in the United States Internal Revenue
:�.:. ^ode then in existence. My Trustee may exercise its
discretion in favor of distributing the entire balance of
principal and income to any one cr more of the following
gdr. charities, colleges or universities to be used by said
y7?' institutions, in their discretion, for the granting of
;
educational scholarships to deserving students:
Abington Monthly Meeting of Friends;
Lehigh University;
Colorado School of Minrs; and
Denver University
E. It is my intention that this Trust shall always
.
y';. ' qualify under the tax laws of the United States and the
�J d
�. :.. State of Colorado as an organization the assets of which
•
. .y are to be used exclusively for educational and other
4•
I414° 0 0
.[{ B 1137 REC 02078954 12/02/86 11:58 539.00 11/013
,pt, F 0464 MARY ANN FEUERSTEIN CLERK 6 RECORDER VELD CO, CO
11
Rkk
jci
charitable purposes and eligible for the maximum advantages
tx)r, to educational and charitable purposes available under such
l..i#
' z�= tax laws. To that end I grant to my Trustee the power to
+`yA. amend the trust provisions of this Will in any manner re-
.:
A, i, quired by future changes in such tax laws so that the
We purposes for which this Trust is established may always '
fq
be fulfilled.
ti
t''' F. Any other provisions of this Will notwithstanding, ,
�
my Trustee shall distribute the trust income for each taxable
144: year at such tine and in such manner as not to become
r.4;
et +; subject to the tax on undistributed income imposed by 54942
LLN.i .
of the Internal Revenue Code of 1954, or corresponding provisions VIt, k of any subsequent Federal tax laws; and any other provisions
-4
;.,:f,
{`.z of this Will notwithstanding, my Trustee shall not engage
"-'
'in any act of self-dealing as defined in ?.4941(d) of the
ru, Internal Revenue Code of 1954, or corresponding provisions
Pl.! of any subsequent Federal tax laws; nor retain any excess
1C.4
1) h business holdings as uefined in 64942(c) of the Internal
{
147.: Revenue Code of 1954, or corresponding provisions of any
-`,,.
f5 +: subsequent Federal tax laws; nor make any investments in
'ii
£ such manner as to incur tax liability under 64944 of the
}1�' Internal Revenue Code of 1954, or corresponding provisions
Si: of any subsequent Federal tax laws; nor make any taxable
I.
g, expenditures as defined in 84945(d) of the Internal Revenue
Y�r�' Code of 1954, or corresponding provisions of any subsequent
Sit) ,
Federal tax laws.
l'.i4L
? ARTICLE VI
`{,
i f I� Powers
F v r/ My Executor and my Trustee shall have all of the powers
0"P conferred by the provisions of 1963 Colorado Revised Statutes,
4.
-11-
1( :) O
rsaw.a.r sw•..rrruy.....,_..».— - .. ,, r"".a - r,.ur....r.Nall ) .....
Pt
rk - -- - --- ------ ...__----
r
B 1137 REC 02018954 12/02/86 11:58 $39.00 12/013
Fr?A j4 F 0465 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
I,r
•'; Chapter 57-8-4, and in addition shall have the power to make
t
4=,
c� s distributions of income and principal to minor beneficiaries
'It .,
r.,,,, or to beneficiaries under other legal disability directly to
r such beneficiaries or, in their discretion, to the legal guardian
! x` or conservator of such beneficiary, or to the parent or person
`41i
1K a with whom such beneficiary resides, or to any other person or
,'.::
',44 entity for the use and benefit of any such beneficiary.
nf:
tide'
ARTICLE VII •
OK:
I}4 Specific Definitions Applicable to this Will
lt
is;;..
y::; As used herein, the term "issue" is defined as composed,
` F`
irlt at each level of descent, of natural-born children born during
:i lawful wedlock and legally adopted children.
i
4il;-i�',.v IN WITNESS WHEREOF, I, the said Chandler Weaver, have hereunto
r;`;' set my hand at Denver, Colorado, and publish a id declare this to be
ew
.pr'F' my Last Will and Testament in the presence of the undersigned
'
:Ai
witnesses whom I have requested to subscribe to this Will as witnesses
fi;r.," all of this day of , 1971.
Ll'-. thereof, —
px^
}
r
Chandler Weaver
n
jir
?Jo:. The foregoing instrument, consisting of twelve typewritten
:Iti: pages, including this page, the preceding pages thereof bearing
on the margin of each the initials of the Testator, as and for his
t{ Last Will and Testament, and our initials for the purpose of identi-
? , fication, was subscribed and declared by the Testator in our presence
r ',s to be his Last Will and Testament; and we, at his request and in his
k'.,., presence, and in the presence of each other, have hereunto subscribed
our names as witnesses thereto, each of us believing the said
•(4 Testator to be of sound and disposing 'hind and memory at the date
e hereinabove set forth.
fgt.' Address: -
P,,,'. '•� - Address:
it � 'PC"c( ^r �,I / 74' Address: 7,S.747,44-1-01-41.,,417..,.,- C..P
•
x•rr i
:.:Al.
I.-,•
12-
14.16'O11411 •
A .
ESTATE OF CHANDLER WEAVER
Schedule A - Real Estate
DESCRIPTION VALUE
_'. ✓n'. Shawnee Park County, Colorado
; 39 Acres MIL in the S.E 4, S.E. 4 of Section 21 and
4<i the S.W. 4, S.W. 4 of Section 22, Township 7 South.
Range 76 W, Park County Colorado $ 29,500
r' Residence at 685 Williams St. , Denver Colorado
Lots 43 and 44, Block 159, SOUTH DIVISION OF CAPITOL
lf�I, HILL, according to the recorded plat thereof,
City and County of Denver, State of Colorado
$ 52,500
Weld County, Colorado
ev it That part of the Els of Section 21, Township 7
North, of Range 65 West of the 6th P.P., Weld
County, Colorado. described as follows:
Cormr_ncing at a point on tho South botndary line
' ,: of said Section 21;
Thence running in an Easterly direction along the
1y'° South line of said Section, 2410 feet to a point
at the Southeast corner of said Section;
Thence running in a Northerly direction along the
East boundary of said Section, 4818 fe,t to
a point at the Northeast corner of said Section;
',Jf? Thence in a Westerly direction along the North
boundary line of said Section, 2361 feet to a
point where the land of THE WELD LAND AND CATTLE
COMPANY begins;
Thence running in a Southerly direction along the
.__ East boundary line of the land of said THE WELD
LAND AND CATTLE COMPANY, 4886 feet in a direct line
,t41
N to the point of beginning, EXCEPT a strip of land
'<sr'. as conveyed by Deed recorded in Book 76 at Page
s]t; 150 and EXCEPT a parcel of land as conveyed by Deed
% : . recorded in Book 1248 at Page 154
td °. $105,000
TOTAL $187,0;0
rT
H 1137 AEC 02078954 12/02/86 11:58 $39.00 13/013
F 0466 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
tr
Iv,�O
�I
li!y ,
g
•RecnNed al r. '1 1272 REC (12222676 08/08"/50'11316 %•10.00 1/002
• e 1F 0296-MARY ANN FEUE31SPEIN_CLERK & RECORDER WELD CO, CO
K I
,..'•^ • 2Tb' _.- __ :,_ _-__.-_—_— /.._ ales 1, It222 -- PUBLIC TRUSTEES DEED F' -
Sale No._ 3577
THIS DEED is made
August 7 .19 90„between Z ..
ANNE D. NYE as the Public Trustee,of the I n�
County of VELD •,Colorado,and '
OSS STEEL BUILDING COMPANY,
a Colorado Corporation
Purchaser, • ..,,r.
whose legal address is 15'33 2rd Avenue, Greeley, Colorado 80631
WHEREAS. EEO Earns, Inc.. a Colorado Corperatirn, tdtbert E. Oar, C. Mark Nets, M. Jean ****
did,by Deed of Trust dated April 1 ,19 86 ,and recorded in the office d the Clerk and Recorder celiac t
County of WELE .Colorado.on April 2 .1986 ,In Book
1108 ,Page ,(Film No. .Reception No. 2048579 r convey to the Public
Trustee.in Trust.the property hereinafter described to secure the payment of the Indebtedness provided In said Deed of!test;and
Whereas,a violation was made in certain of the terms and covenants of said Deed of'rust as shown by the noticed election and
demand for sale filed with the Public lrvstee,a copy thereof being recorded in the office of said County Clerk and Recorder,the said
property wasad.enised for sale at pulek auc:bn altheplace ad in the mrme'providedbylawandbysaid DeedofTrust.andseapyd
the notice of sale was in apt time mailed to the perms required by statue,and said property was in pursuance of said notice sold to .
0&S STEEL BUILDING COMPANY, r Colorado Corporation for the sum hereinafter set forth 'i 4 .
and a certificate of purchase thereof was made and recorded" •
b.
and said property not having been redeemed from said sale;
Now,Therefore,the Public Truster Parsuant to the power nd authority vested by law and by the said Deed of'Dust 2such Public l_
Trustee and in consideration of the sum d$ 90,000.00
to the Public Trustee paid by the said Purchaser,the receipt
whereof is hereby acknowledged.conveys to the said Purchaser.the heirs,successors and assigns of the Purchaser,forever"'
•Il the nigh.this'
'� and interest which the Public Trustee sowired p:rsuatd to said Deed°Faust In and to the following described property akuate In the y7
County of WELD ,Slated Colorado,to wk:
1,4
stn.
SEE EXHIBIT "A" ATTACHED
**** Owens, and Frances Owens
•
{
also known by street and number as
To Have and to Hold the same unto the said Purchaser,and the heirs.successors ad assigns of the Purchaser,forever. {,
The singular shall Include the plural nd the plural the singular. 3�y-
Executed the day and year first abur.written. v"'k
c,C u
Public Teen den Canty LIfE D .. ;.f/
Arse of Colorado .3
a
y Denny M1.' Tww �4-'i 0� °y /'3
STATE OF CCC.ORADO • - C . t V•1
a
County of WELD as' ! ll,45,999/7 .,4G I
The foregoing instrument was ackrowledgd before me this 7th day of August C1.1,,/„v.W'tQ , t tai A
by ANNE 0. NYE as the Publik TFYatee°the Vey h )'10 3a7
County of WELD ,State of Colorado.
... ” �1 • ti. lr ,
My commission expires JUNE 6, 1992 y 7 cko ivierla-ar rA.vh -
W fitness my hand and official seal. v- rr-.+,a
SW
1020 9TN ST. NO. 202,Aviary E GREELEY, CC >l 631 P:
•ta cowrie,.hen boot and pas ne.ben,tan been abon,ned. .. it
••If an Scats has been resigned been'arid saw«el Sate of parchaae en soled kr Cueing anises).'If ak Is to a corporation.net forth San at }
corporation and ante of Isotponds.
...Diann rat loom Tenancy.
Ne,3•,Row.225. ruat,c TFn5TCrl Dern MMrwd pasIMM.III,M VI you.IMeaa.CO Kate—1303)1334•00 in fa 'l}l
y� tr ,;n r�,yy a 4 . • � .J3 �','
S C M ♦ ?,-,. ,' r .it
s ♦ r
..
I
_ • : -
B 0271 F.FC 02222676 08/08/90 11:16 510.00 2/002
10297 MARY INN FELER.STEIN CLERK & RECORDER WELD CO, CO
EXFIBIT A•
A- parcel of Lind located in the East half (E 1/2 ) of
P Section 21 , Township 7 North , Range 65 West of the 6th ! �
P .M. , being more particularly described as follows: a
°EGINfi[NG at the Southeast corner of Section 21 and � +'
° assuming the East line of said Section bears•
. .y~
- N00°00 ' 00"E wit', all other hearings contained herein
relative thereto : - '; ;:,,
thence N00'00' 0G"E along the East line of said Section
21 , 3017 . 31 feet ;
4 thence $68°44 'P2'W, 944 .88 feet ; .
thence N79°02 '55"W , 122 - 14 feet,
thence S05°45' 22"W, 59 . 18 feet ; (. ?- ':
thence S51 °48 '23"W, 93 .83 feet;
thence 576°05'25"W, 360_48 feet;
thence S00° 11 ' 14"E, 988 . 37 feet;
thence S89°34 ' 471E, 213 .72 feet; 1 ,s{
thence 505°40 '04"E, 49 .22 feet;
thence 589°00 '04"E, 282 .75 feet; i ' '' ' '
thence S06° 10 '54^E , 239 . )5 feet;
thence 506°37 ' 50"i , 1173 .29 feet;
thence $64°59 ' 35"c, 119 .58 feet; -,•,' -'
thence S06°34 '53"E, 317.30 feet to a point on the South `I " r:,.,°,
line of Section 21 ;
thenc^ 589°4'i' 35 'S along South line of said Section
683.59 feet to the FOINT OF BEGINNING.
TCGE'LHER WITH all rights and rights of way to Myers I; r ;, +.
Tail Water Pit and the water decreed for use therein in it.f '?'
• Case No . 80 CW 225 in the. District Court of Weld !; ,' =
County, Colorado . t
Subject to reservation of an undivided 1/2 of all oil, a 4^:;
gas mnd other minerals in, upon or underlying said
premises and the right of Lawrence A. Myers and ti t,ic
Margaret C. Myers to lease one hundred per cent of all -,"-^
oil, gas and other minerals during their lifetime. ,ra ;�"- "
And subject to the right of the use of the Chandler :i +c;: '.-?,
Weaver Pumping System wells, and water distribution _),•.;, : �_
system and any easements therefor, as disclosed by yc.
Decree recorded October 22, 1953 1n Book 1372 at Page
294, Weld County Records , as reserved by Lawrence A. ; b' �`,; ,':
Myers and Margaret C. Myers in their deed to the
k grantors herein.
•
1..
TOGETHER WITH all improvements thereon, whether now
existing or added to said property, excepting any ., .' ,
mobile homes that may be placed on the property. a •� `;
'u.3
.•
a J ✓ ;iiii4 T.'.4't..;,)At 1'i s•••:Y 'It i.;;V:i iit.t ;":,. G b "2i3?"..'S,A Vhts41,;:.-s ti,.4,.,eiz. L.,-4k,!*
AR2226624 B 1276 REC 02226829 09/10/90 -14:05 - S70.00 1/002
. ._ - F 0309 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
��' QUIT CLAIM DEED
THIS DEED,Made min loth day of August .1990 •
b:tween
John Brunner & Co., In:.
acorpnrarion duly mganlred and existing nndcr and by venue of the laws of the State of Colorado.
ranter,and
a & S Steel Building Company, a Colorado Corporation
a/k/a D & S steel Buildings Co. a/k/a D & S Steel
Bldgs. Co.
n•hos<mgaladdmasis 1503 2nd Avenue, Greeley, CO. 80631
1' rat the •Ccnnty of Weld .State of Colorado.grantee.
P wl'TNESSET11,That the grantor.for tad in consideration of me sum of good and valuable consideration
and Ten ($10.00) •
COLLARS.the receipt and sufficiency of which is hereby acknowledged.he strained.released,sold.conveyed and QUIT CLAIMED.and by these
;resents des remise.Meese.sell convey sic QIJTICIAIM unto the grantee,his heirs and assigns forever,all the right,title.Interest.claim and
&mend which the grantor has in and to the n al property together with impartments,if any.situate.lying and being in the
r county of Weld and Sate of Colorant,described as follorn:
See Exhibit "A" attached hereto and made a part
hereof by reference.
i
t '
L
I
alveknown by-soesvaMetwwbaa+:
R TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges dw eunto belonging.min anywise thereunto
be right.title.'retreat and claim whusoever,of the grantor,either in law or equity to the only proper use,benefit and
gq aehriof of the and tll,Ms estate,
4;'
behouf of the grantee,his heirs and assigns former.The singular number include the plural,the plural the sfnguly,and the use of any gender
•, ,hl. beQgv T7,hle to all EoF,T
' , VI' '6S'M'HF"REOF,The grantor has caused its corporate name to be hereunto subscribed by its President.and its
. s�i,I�l fKrtunto alDxed,attested by iu Secretary.the dry and year lint above written.
Cn J?.viY'. Q. emm
�,..; y John Rn n b Co n
• ri
STATE OF COLORADO 1 u y
County of We'.d I
{
11
The foregoing instrument w w asackrled,xd before me this 10th air or August 49.90 • ;fi
....,Zolm''"8runner a Ptesidetstad ;f.
'a Bj unner as Secretory of j
do ()IA
rsSh eY 6ICo., Inc. •aentrp°'°ri°'t'
•l _• ActBl tiu(o,upset: Q/a ZU 9/ ///� CE Q,j7../.97fr
a. . •(s4 • hared m3 urcicral soul r+J/�
n Pv
9r in Denver.'men`City and.'
4+:
.
sit
I .
t
'y.. No.:OBB.Rev.I-gat. Qurt CLAIM DEED(PnwW^a) grNkN rvenmty,elm w.eat Am.,t.aaew.e.co MIA—fsml n'e'ada ifa
{ A
010.00 2/002
B 1276 REC 02226829 09/10/90 14:05
F 0310 MARY ANN FEUERSTEIN CLERK L RECORDER •WELD CO, CO
`
EXHIBIT "A" ?�:
Z.ip. ,j.,.
r},
Covering the Land in the State of Colorado, County of Weld.
Described as :
,. A parcel of land located in the E1/2 of Section 21, Township 7
North, Range 65 West of the 6th P.M. , being more particularly " 71
described as follows: i .
,t1 at the Southeast corner of Section 21 and assuming the
East line of said Section bears N00'00'00•E with all other bearings
contained herein relative thereto:
thence N00'00'00"E along t`.e East line of said Section 21, 3017. 31
"a.i
;:r:•' foot; '.•
- -thence S88' 44 ' 42'14, 944 . 88 feet; { '
^µ thence N79'02' 55"W, 122. 14 feet;
-x thence S05'45'22'W, 59. 18 feet; '
;1i. thence S51 ' 48' 23"H, 93. 83 feet;
,'4 thence S76'05' 25"W, 360.48 feet;
"gip, thence S00' 1 : ' 14"E, 988. 37 feet;
z,' thence S89' 34 ' 47•E, 213.72 feet;
ft/ithence 505.40'04"E, 49.22 feet;
!,+^≤ thence 589.03'04"E, 282.75 feet;
thence SO6' 1O' 54"E, 239.95 feet;
i ' thence S06' 3' . 50"E, 1173 .29 feet;
thence $64 ' 59' 35"1:, ' 19. 58 feet;
thence S06. 34' 53"E, 3:7.30 feet to a point on the South line of
- Section 21;
thence 589'46' 36"E along South line of said Section 683.59 feet
4 to the POINT OF BEGINNING.
f.°
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t
1 ., .-<
•uy
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, • �' 1 • , 4 k•f r "I 1• AR2226C30 B 1276 REC 02226830 09/10/90 14: 06 , 10.00 1/002
M9+ F 0311 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
1 RESOLUTION OF BOARD OF DIRECTORS ' . `
"` I hereby certify that I am the duly elected and qualified
01:
.44 President of D & S STEEL BUILDINGS CO. , also know as D & S STEEL
BLDGS. CO. and D & S STEEL BUILDING COMPANY, a Colorado
' corporation and the keeper of the records and corporate seal of
;", said corporation and that the following is a true and correct
copy of the resolution duly adopted at a special meeting of the
' t': Board of Directors of said corporation held in accordance with
ati;
?• the By -Laws of laid corporation at its offices in Greeley,
W
1 Colorado, on (Au.a„ : ,2.,�♦ /CX2t , 1990. e
L
At Be it resolved that D & S STEEL BUILDINGS CO. , a
7,•�. Colorado corporation, is one and the same as D & S
nel STEEL BLDGS. CO. , a Colorado corporation, and D & S
? STEEL BUILDING COMPANY, a Colorado corporation.
t•.t41.
CO01"Y Be it further resolved that D & S STEEL BUILDINGS CO.
.44,4; purchased the following described property and accepted
₹ " title to the same by Public Trustee' s Deed under Sale
?. No. 3577 , dated August 7, "1990 , and recorded August 8, ;�•,
C:r 1990 , under Reception No. 02222676 of the Weld County
t » records , which property is described as follows : :irh
lit
See Exhib: t A attached hereto and incorporated
t
:id- herein by reference.
1ti
,1. Be it further resolved that D & S STEEL BUILDINGS CO.
x• "'ntered into a contract to sell the above described
'.
4 property to John M. Evans and Karen K. Evans, dated yr
4,'y i • April 26 , 1590 , which contract the Board of Directors
,yt of D & ' STEEL BUILDINGS CO. hereby ratifies and t'!S
confirms and authorizes the officers of D & S STEEL
, BUILDINGS CC . to execute and complete any and all i .,
`, necessary dccuments needed to complete said sale or
q " conveyance. '.
.,_
J.4t .
.: s The President of L & S STEEL BUILDINGS CO. has hereafter affixed
ffu ; his name and caused the corporate seal of said corporation to be .-
e-: affixed upon this document on this c?1 day of �r[[..{{ajif , ..
t7. U ..
1990. '.
3 D & S STEEL BUILDINGS C0.•^••'
--;Y a Colorado corporation. 0-..........Y0
aro atur, r
2. Simi one
v,y
'" i y' ! ,i
:,ii:: ,y r.,t t..7`.SX$.�r..rv"iu:.. rvvwCc ,,•••,,-;_.., .t 'sSit
B 1276 REC 02226830 69/10/90 14:06 p10. 00 2/0/2 a{�`•:
F 0312 MAR1 ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO P,,
EXHIBIT A
}
' (Legal Description in Warrant Deed from D & S Steel Buildings Co ''r'
e; to John M. Evans and Karen K. Evans)
T',1 4..
A parcel of land ' ocated in the East half (E 1 /2) of Section 21 ,.11 Township 7 North , Range 65 West of the 6th P.M. , Weld County, ;.
,., l State of Colorado, being more particularly described as follows :
—I
BEGINNING at the Southeast corner of Section 21 and assuming the ; ; .
'"'` East line of said Section bears N00°00'00"E with all other
, . hearings contained herein relative thereto: :• -:
` : thence N00°00 ' 00"E along the East line of said Section 21 ,
3017. 31 feet ;
r: thence S88°44 '42"W, 944. 88 feet;
*'Z thence N79°02 ' 55"1: , 122 . 14 feet ;
thence S05 °45 ' 22"W, 59. 18 feet;
thence 551 °48 ' 23"l', 93. 83 feet ; _ :
:Mr thence S76°05 ' 25"W, 360.48 feet ; `S'
"r thence 500°11 ' 14"E, 988. 37 feet ;
. thence S89°34 '47"L, 213. 72 feet ;
thence S05 °40 '04"E, 49. 22 feet ;
thence S89°00 ' 04"E, 282. 75 feet ; •
thence S06°10 ' 54"E, 239. 95 feet ; '
thence S06°37' 50"E . 1171. 2; feet ; '°• '
thence $64"59' 35"E, 119. 58 feet;
thenc S06°34 ' 53"E, 317. 30 ieet to a point on the South line of
Section 21 ; ' •
`, thence 589°46 ' 36"£ along South line of said Section 683. 59 feet
to the POINT OF BEGINNING.
TOGEER WITH all rights and rights of way to Myers Tail Water �
T:I '
' '
Pit and the water cecreed for use therein in Case No. 80 CW 225 { `
in the District Court of Weld County , Colorado ..
Subject to the rights of users, if any, to the Chandler Weaver
Pumping System wells , and water distribution system and any *:•
• easements therefore as disclosed by decree recorded October 22 ,
1953 in Book 1372 at Page 294 , Weld County Records. ,`
. And subject to easement and right-of-way to remove all gravel, 11- 4
;, 1" sand and road-making and building material which it shall be able
to remove from the described lands, as conveyed to Weld County ' n
t+_ „ easement recorded Narch 22 , 1945 in Book 1151 at Page 471 , Weld t': ,
°Y County Records. b'•
And subject to reservation of an undivided 1 /2 of all oil, gas �.. '
and other minerals in, upon or underlying said premises and the
right of Lawrence A. Myers and Margaret C. Myers to lease one i. .
hundered per cent of all oil , gas and other minerals during their 7,;
Iifetimeas reserved by Lawrence A. Myers and Margaret C. Myers in
` ' ' the deed to Reo Farms Inc. , a Colorado Corporation, recorded , "`-
April 2 , 1986 in Bork 1108 as Reception Number 2048578. °"n'
4:
And subject to all existing roads , highways , railways , ditches,
r .
laterals , canals, reservoirs, pipelines , utilities, power,
•
telephone or waterlines and rights-of-way and easements
therefore, however evidenced, and the 1990 taxes payable in 1991 .
• e
•
m1222b631 '— B 1276 REC 02226831 ' 09/10/90 14(06 610.00 . ' 1/002
- F 0313 MARY ANN FEUERSTEIN CLERK i RECORDER__HELD CO, co
�� WARRANTY DEED
,j- - -
s THIS DEED,Made this 4. day of�e�'/e 1"-1eras. 9D ,
between D & S Steel Buildl.ng Company also known as
D & S Steel Buildings Co. also known as
D & S Steel. Bldgs. Co.
a corporation duly organized a:A eristir.g underend by vine of the laws of the State
c( Colorado .grantor.and John M. Evans
and Karen K. Evans as joint tenants. State Documentary Fee S
•
Date..�1�- !�'po
• ,III whoselegaladdmssis 38561 Weld County Road 43
$ y�p
Eaton, Colorado 8061.5
i
I
of the 'Count)if Weld .Sum'A Colorado,grantee:
a • WITNESSETH,That the grantor.fc and in consideration of the sum of ...Forty-semen-J. thous an
and no/100 ($.47,000.00) DOLLARS,
I the receipt and sufficiency of which is nereby acknowledged,has granted,bargained.sold and conveyed,and by these psesenu does
• II grant, bargain, sell, convey and cani.m, Sato the grantee. his heirs and assigns forever, all the reai property, together with
improvements.if any.situtn.lying are being in the County of Weld ,
Sue of Colorado,described as fellows.
a II
See Exhibit A attached hereto and incorporated herein by
. reference.
•
„..„ also known by sheet and number as: 38561 Weld County Road 43, Eaton, Colorado 8061
TOGETHER with all and singular k.:heredi.nnents and appurtenances thereto belonging cr in anywise appertaining.and the
aversion and reversions.remainder and remainders,rents.Issues and profits thereof.and all the estate,right,title.interest,claim and
I Aemand whatsoever of the grantor.eider in law or equity,of,in and to the above bargained premises.wish the hereditament,and
t.,
appurtenances.
TO HAVE A ND TO HOLD the saki premises above bargained and described with the appurtenances,unto the grantee,his heirs and
assigns former.And the gunior,for it,a f,and its successors,does covenant,grant.bargain and agree to and with the grantee,his heirs
and assigns,that at the time of the ensealmg and delivery of these presents.it is well seized of the premises above conveyed.has good, a
• sure,perfect,absolute and indefea_:s k elate of inheritance,in law,in fee simple,and has good right.full power and authority to grant,
bargain,sell and convey the same in matter and form as aforesaid,and that the same are free and clear from all fomer and other grants.
• bargains,sales,liens,taxes,assessment.,encumbrances and restrictions of whatever kind or mom some,except I
s
See Exhibit A
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:r signs,against ll and every person or persona lawfully claiming the whole or any part the eof.
The singular number shall include the pant,the plural the singular,and the use of any gender shall be applicable to all genders.
as IN WITNES&W)IEREOF,The gran for has caused its corporate name to be hereunto subscribed by its ''.
President,a�al its aq pojate seal to be hereunto affixed, attested by its Secretary,the day and year first a,
'kwiliten ...:Cvw,;, ..
to +..tP D & S Steel Bldgs, Co.-.:aka:.
' :,rl- ' roc= D & S Steel Building Company aka
� D & S Steel Buildings Co. u,
Mat • .ob�'t•6= / 4 t !i!�/
, ....... .; ,' sy
",..rn i b-,.w Harold Satur r'a`"
}a •' STATE OF COI ORADO as.
County of tield .,,,,s,{{ '
vv�s
I •
I The(oteromg instrument was ackno vledged before me this cj' 47 day o roes 396. 't-. I '{
I, by Harold Satur %4 +•'"'a" to �,
li and Marilyn Lobato as .,rzi. j `ill. J
i. of P & S Steel Building Cmlp.Try aka D & S Steel Buildings Co. •q ion:', ' ..
...., l' My commission expires aka D & S Steel Bldg. ' P+ ` : .
i Wig ess my hand and official seal. Mtn?She, t a Lr
-- s ₹..3•- g,,
shy GamrNssbn EEprasJWy9,1994 •t. , t'0
A
C y L ry'.
.. I I` 'If is Denver.insert"City rod." ___v I
—
No.loll.Rt..5.14. WARRANTY DEED lCwawat rot Braked Publishing.925 W.6w An..W,.a.d.CO WOin—005"5-' II-I6 e
Y.
i
.
B 1276 REC 02226831 09/10/90 14:06 410.00 2/002
F 0314 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO ''
EXHIBIT A
(Legal Description in Warrant Deed from D & S Steel Buildings Co
to John M. Evans and Karen K. Evans)
y..
A parcel of land Located in the East half (E 1/2) of Section 21 ,
Township 7 Nortu, Range 65 West of the 6th P.M. , Weld County,
State of Colorado, being more particularly described as follows:
BEGINNING at the Southeast corner of Section 21 and assuming the
East line of said Section bears NOO°00'00"E with all other
bearings contained herein relative thereto:
thence NOO°00'GG' E along the East line of said Section 21 ,
3017.31 feet;
thence S88°44'42"W, 944.88 feet;
thence N79°02'55"4', 122.14 feet;
' thence S05°45'22"W, 59.18 feet;
thence S51°48'23"W, 93.83 feet;
• thence S76°05'25"4', 350.48 feet;
thence SOO°11' 14"S, 988.37 feet;
thence S89°34'47"E, 213.72 feet;
° thence S05°40'04"i, 49.22 feet;
thence 589°00'04"E, 282.75 feet;
thence S06°10'54"E, 239.95 feet;
thence S06°37'SO"E, 1173.29 feet;
thence $64°59'35"E, 119.58 feet;
thence S06°34'53"L, 317.30 feet to a point on the South line of
Section 21 ;
thence S89°46'36"F. along South line of said Section 683.59 feet
to the POINT OF BEGINNING.
TOGETHER WITH all right% and rights of way to Myers Tail Water
Pit and the water eecreed for use therein in Case No. 80 CW 225
in the District Court cf Weld County, Colorado
Subject to the rights of users, if any, to the Chandler Weaver
Pumping System wells, and water distribution system and any
easements therefore as disclosed by decree recorded October 22,
1953 in Book 1372 at Page 294, Weld County Records.
And subject t , easement and right-of-way to remove all gravel,
sand and road-making and building material which it shall be able
to remove from the described lands, as conveyed to Weld County in
easement recorded March 22, 1945 in Book 1151 at Page 471 , Weld
County Records.
And subject to reservation of an undivided 1/2 of all oil, gas
and other mineral.: in, upon or underlying said premises and the
right of Lawrence A. Myers and Margaret C. Myers to lease one
hundered per cent of all oil, gas and other minerals during their
lifetimeas reserved by Lawrence A. Myers and Margaret C. Myers in
the deed to Reo Farms Inc. , a Colorado Corporation, recorded
April 2, 1986 in Book 1108 as Reception Number 2048578.
And subject to all existing roads, highways, railways, ditches,
lateral!, canals reservoirs, pipelines, utilities, power,
telephone nr waterlines and rights-of-way and easements
therefore, however evidenced, and the 1990 taxes payable in 1991.
«r,
•
sk
•
4 . . y ! • ,
AR2244492 - B 1293 REC 02244492 03/20/91 10:59 410.00 1/002
F 1093 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO
•
QUIT CLAIM DEED
•
4 JOHN M. EVANS and KAREN K. EVANS
whose address is 38561 Weld County Road 43, Eaton,
Colorado 80615
County of WELD ,and State of
t
COLORAC 0 ,for the consioeration of
Ten anc no/100 ($10.00) Dollars,in hand paid,
hereby sell(s)and quit claim(s)to J & K TRUCKING, INC.
whose address is 38561 Weld County Road 43, Eaton, Colorado 80615
County of WELD ,and State of COLORADO ,the following real
property,in the Covuty of WELD ,and State ofColorado.to wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE. •
NO COLORADO DOCUMENTARY °EE - CONVENIENCE DEED
e
also known as street and number 38551 Weld County Road 43, Eaton, Colorado
80515
with all its appurtenances s .•
Signed this 20 day of Mare /199
Jo ing. Evans
K ren va -' Ot.a°
STATE OF COLORADO. l
County of WELD s.. •
The forecoing instrument was acknowledy d before me this 20 day of MarCh
1991 ,by JOHN M. EVA.U, and KAREN K. EVANS
W iTNEy corn-anion espices Qft.2)nbgr 3 1994 ��(":;;;:71/22
expires
J�
W ITNE SS my hendend off'g,}sa•N.j..
LL 1 J�
L
. S1;r'1•
Sella.Res.2-s3. QUIT CLAIM DRCU!Shan fame ••
B 1293 REC 02244492 03/20/91 10:59 J 10.00 2/002 ' -
• F 1094 MARY ANN FEUERSTF.IN CLERK s RECORDER WELD CO, CO
EXHIBIT A
,i,
Q
A parcel of land located in the East half fE 1/2) of Section 21,
: Township 7 North, Range 65 West of the 6th P.M. , Weld County, '
i State of Colorado, being more particularly described as follows:
BEGINNING at the Southeast corner of Section 21 and assuming the
Cast line of said Section bears N00'00'00"E with all other
bearings contained herein relative thereto:
thence NOO°00'OU"E along the East line of said Section 21, •
- 3017.31 feet;
thence 588'44'42"W, 944.88 feet;
thence N79"0'2'55"W, 122. 14 feet; -.
thence S05'45'22"W, 59.18 feet;
thence S51'48'23"W, 93.83 feet;
thence 570'05'25"W, 360.48 feet;
thence 500'11' 14"E, 988.37 feet;
thence S89'34'47"E, 213.72 feet;
thence 505'40'04"E, 49.22 feet;
thence 589'00'04"E, 282. )5 feet;
thence 506'10'54"E, 239. 35 feet;
• thence SOt'37'50"E, 1173.29 feet;
thence 564'59'35"E, 119.58 feet;
thence 506'34'53"E, 317.30 feet to a point on the South line of
Section 21 ;
thence 589'46'36"E along South line of said Section 683.59 feet
• to the POINT OF BEGINNING,
TOGETHER WITH all rights end rights of way to Myers Tail Water •
Pit and the water decreed for use therein in Case No. 80 CW 225
in the District Court of Weld County, Colorado
Subject to the rights of users, if any, to the Chandler Weaver -
Pumping System wells, and water distribution system and any
easements therefore as disclosed by decree recorded October 22,
1953 in Book 1372 at Page 294, Weld County Records. '
And subject to easement and right-of-way to remove all gravel,
- sand and road-making and building material which it shall be able ..
to remove Cron, the described lands, as conveyed to Weld County in
easement recorded March 22, 1945 in Book 1151 at Page 471 , Weld
• County Records.
And subject to reservation of an undivided 1/2 of all oil, gas
and other minerals in, upon or underlying said premises and the
right of Lawrence A. Myers and Margaret C. Myers to lease one
hundered per cent of all oil, gas and other minerals during their
lifetimeas reserved by Lawrence A. Myers and Margaret C. Myers in
_ the deed to Reo Farms I.,c. , a Colorado Corporation, recorded
April 2, 1986 in Book 11)8 as Reception Number 2048578.
• And subject to all existing roads, highways, railways, ditches, .
laterals, canals, reservoirs, pipelines, utilities, power,
telephone or waterlines and rights-of-way and easements
therefore, however evide-iced, and the 1990 taxes payable in 1991.
r�
6e r B 1321 REC 02273855 01/02/92 15:24
F 1969 MARY ANN FE $15.00 1/003
AR2213ASS CLERK a RECORDER WELD CO, CO
WARRANTY DEED
•
THIS DEED, Made this 31ST day of DECEMBER, 1991 between
:• Lawrence A. Myers and Margaret C. Myers
of the County of Weld and ---------____ _:
State of Colorado, grantor. and SPete Doc m.0tary FeetArthur R. and Judith T. Peterson Trust, A Trust Date....✓/a2.f
whose legs.) address in 27602 Road 388, Kersey, Colorado 80644
of the County of Weld and State of Colorado, grantees:
WITNESSETE That the grantor for and in consideration of the sum of ONE HUNDRED
THIN= FIVE THOUSAND AND 00/:03, ($135,000.00) Dollars, the receipt and sufficiency of
C�-a a which is hereby acknowledged, has granted, hargained, sold and conveyed, and by these
'.OL presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and
V sTassigns forever, all the real property, together with improvements, if any,
nt5 'situat ,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 known by street and nrnber as Vacant Land, Weld County, Colorado
TOGETHER with all and sin5ular the hereditament' and appurtenances thereto
belonging, or in anywise appertaining and la,s reversion atd ions, remainder and
roaainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim' end deuand whatsoever of the grantor, either in law er equity, of in
and to the above bargained premises, with the. ?.nreditaments and appurtenances.
TO HAVE AND TO HOLD the said paaalsus abov... Le:gained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and.,_ agree to and with .he grantee, hie heirs and assigns, that at the time of the t '
unsealing and delivery of these presents, he is well seised of the premises above
a conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hat good right, full power and lawful authority to grant,
e
• bargain, sell and convey the sue in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, Pennine, sales, liens, taxes,
, encumbrances sad restrictions of whatever kind or nature soaver, exempt
.i""`• general taxes for 1991 and subsequent years' except easements, restrictions,
covenants, conditions, rase-vations and rights of way of record, if any.
P
C
1•e
in The te grantor shall and will WARRANT AND FOREVER DEFEND thn above-bargained premises
all hedquiettr}}and peaceable possession o77f the grantee, his heirs assigns, against
singular number rson or shallinclude thersons aplural,cthe pluraletheole or Any singular, and theart euse off. any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
" �,�� P
awrence A. Myers /
1f nflz
Margaret Myers
STATE Or COLORADO )
) se. The foregoing instrument was acknowledged before me
County of Weld ) this 31ST day of DECEMBER, 1991 °,
by Lawrence A. Myers and Margaret C. Myers
+ I F• Q,Q"'•. Witness my hand and official seal.
3.r;' �`, "• Jj ', My commission empire DECEMBER 10, 1994
c le i •.•
i� d_i—t-: : tF.
' rte:,/UG\.firc`,^. z BLIC
c , ...••••` 1113 Tenth venue
No. 9}211.0Re4C•1,rai Greeley, CO RA DO 80631 a .
•
B$ B 1321 REC 02273835 01/02/92 15:24 $15.00 2/003
F 1970 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
<< "EXHIBIT A"
ty
LEGAL DESCRIPTION
•
Y7: That part of the E1/2 ofSection 21, Township 7 North, Range 55 West of
the 6th P.M., County of Weld, State of Colorado, described as follows:
kCommencing at a point on the South boundary line of said Section 21;
thence running in an Easterly direction along the South line of saidss
thence trunning in a oo! :-
n, 2410 feet
to 7 point at the Southeast corner of said Se0ticn; ,'
_herly direction along the East boundary line of t`said Section, 4818 feet to a point at the Northeast corner of said
r
Section;
4' thence in a Westerly direction along the North boundary line of said .'
Section, 2361 feet to a point where the land of The Weld Land and Cattle .�'
Company begins; 1.
thence running in a Southerly direction along the East boundary :Inc of
the land of said The Weld Land and Cattle Company, 4886 feet in a direct'I line to the point of beginning. s
EXCEPTING THEREFM hat porton ofNo. 0709-21-4-REG25,trecordediAugustL 16, 1983dots A an inBooke1004easE0eception Jf' No. 1937179, lying within subject property, .4
particularly described a.s follows: P y• said Lots being more
A tract of land located in thn 51/2 of Section 21, Township 7 North, t
Range 65 West of the 6th P.M. , being morn particularly described asss
follows:
Commencing at the Southeast Corner of said Section 21 and considering the
South line of said Section 21 to bear North 89 degrees 46 minutes 32
seconds West, with all cther bearings contained herein being relative ?
thereto;
thence North 89 degrees 46 minutes 32 seconds West, 683.59 feet to the
True Point of Beginning; r"
thence North 89 degrees 46 minutes 32 seconds West, 4522.25 feet to the ".
Southwest corner of said Section 21;
thence North 00 degrees 17 minutes 44 seconds East, 2493.95 feet to the '?West Quartos corner of said Section 21;
thence S.:1:' _ 88 degrees 54 minutes 37 seconds East, 2821.74 feet along 'lo!
the East . ' 4 West centerline of said Section 21;
thence South 00 degrees 42 minutes 25 seconds West, 626.22 feet; .
thence South 89 degrees 34 minutes 43 seconds East, 1102.29 feet along an
existing fence line;
thence South 05 degrees, 40 minutes 00 seconds East, 47.22 feet; '"?
thence South 89 degrees CO minutes 00 seconds East, 282.75 feet;
thence South 06 degrees 10 minutes 50 seconds East, 239.95 feet; .-{
thence South 06 degrees J7 minutes 46 seconds East, 1173.29 feet;
thence South 64 degrees 59 minutes 31 seconds East, 119.58 feet; �'�r
thence South 06 degrees 34 minutes 49 seconds East, 317.30 feet to the
True Point of Beginning.
ALSO EXCEPTING THEREFROI( a •tract of land conveyed to Deed recorded August •.'4
28, 1985 in Book 1082 an Reception No. 02022518, being more particularly �s.
described as follows: s.
Lot A of Recorded Exemption No. 0709-21-1-RF,782, recorded August 14, 198:1 in Book 1080 as Reception No. 02020777, being more particularly described
as follows:
A parcel of land being 'art of the NE1/4 of Section 21, Township 7 North, ;w Range 65 West of the 6th P.M, being more particularly described as
follows:
Beginning at the Northeast corner of said Section 21 and assuming the F East line of said Section 21 as bearing South 00 degrees 00 minutes 00 seconds West with all other bearings contained herein relative thereto;
thence South 00 degrees 00 minutes 00 seconds West along said East line, T:.!
1813.51 feet;
thence South 88 degrees 44 minutes 42 seconds West, 944.88 feet to the True Point of Beginning;
thence North 79 degrees 02 minutes 55 seconds West, 122.14 feet; .
thence South 05 degrees 45 minutes 22 seconds West, 59.18 feet; `r thence South 51 degrees 48 minutes 23 seconds West, 93.83 feet;
thence South 75 degrees 35 minutes 25 seconds West, 360.48 feet;
thence North 00 degrees :11 minutes 14 seconds West, 381.85 feet; y 's1'
..��� �7wPlwr�n M <',
y 1 * 7 i
B 1321 REC 02273855 01/02/92 15:24 $x5.00 3/003
io F 1971 MARY ANN FEUERFTEIN CLERK & RECORDER WELD CO, CO
�'- thence North 03 degrees 12 minutes 14 seconds West, 43'.29 feet;
thence North 61 degrees 37 minutes 15 seconds East, 36S.13 feet;
thence North 86 degrees 49 mintues 11 seconds East, 211.10 feet; ,
thence South 00 degrees 37 minutes 28 seconds West, 430.33 feet;
thence South 07 degrees 17 minutes 02 seconds East, 388.25 feet to the ii
True Point of Beginning.
nd conveyed Deed ecorded 2, 1986CinTBook 1108 TS Reception No.a 02048578, being morerparticular l
particularly
described as follows:A ction 21, Township .».
Range 65 Westel of a of the nd n 6th P.M.,ted in teeing more 1/2 of s particularly described as
follows:
Beginning at the Soutteast corner of Sectio;. 21 and assuming the East
line of said Section bears North 00 degrees 00 mintues 00 seconds East
with all other bearings contained herein relative thereto:
thence North 00 degrees 00 minutes 00 seconis East along the East line of
said section 21, a distance of 3017.31 feet;
thence South 88 degrees 44 minutes 42 seconds West, 944.88 feet; `}
thence North 79 degrees 02 minutes 55 seconds West, 122.14 feet;
thence South 05 degrees 45 minutes 22 seconds West, 59.18 feet;
thence South 51 degrees 48 minutes 23 seconds West, 93.83 feet;
thence South 76 degrees 05 minutes 25 seconds West, 360.48 feet; ,
thence South 00 degrees it minutes 14 seconds East, 988.37 feet;
thence South 89 degrees 34 minutes 47 seconds East, 213.72 feet;
thence South 05 degrees 40 minutes 04 seconds East, 49.22 feet;
thence South 89 degrees 00 minutes 04 seconds East, 282.75 fret;
thence South 06 degrees 10 sinutes 54 seconds East, 239.95 feet; -,
thence South 06 degrees 37 sinutes 50 seconds East, 1173.29 feet;
thence South 64 degrees 59 minutes 35 seconds East, 119.58 feet;•
thence South 06 degrees 34 minutes 53 seconds East, 317.30 feet to a �
point on the South line of Section 21;
thence South 89 degrees 46 minutes 36 seconds East along South line of
•
said Section 683.59 feet to the point of beginning.
ALSO EXCEPTING THEREFROM a tract of land conveyed by Deed recorded
October 16, 1986 in Bosk 1131 as Reception No. 02073511, being more
particularly described as follows:
A parcel of land located in the NE1/4 of Section 21, ^ownship 7 North,
Range 65 West of the 6th P.M. , being more particular"“/ described as
• ollows:
Beginning at the Northeast Corner of Section 21, and assuming the East :•
• line of said Section to bear South 00 degrees 00 minutes 00 second West,
with all other bearings contained herein relative thereto:
thence South 00 degrees 00 minutes 00 seconds Wezt, along the East line
of said Section 21, a distance of 1702.43 feet to the True Point of
• Beginning;
thence South 00 degrees 00 minutes 00 seconds East, 111.08 feet;
- thence South 88 degrees 44 minutes 42 seconds West, 398.84 feet;
thence North 00 degrees 11 minutes 19 seconds East, 148.29 feet;
thence South 88 degree:: 44 minutes 42 seconds East, 164.13 feet;
thence South 82 degrees 12 minutes 10 seconds East, 236.35 feet, to the
• Point of Beginning.
. 2550 Stover Street, Building G
scorner of East Drake and Stover)
Fort Collins, CO 80525
Phone: 970-224-1800, Fax: 970-224-551377
The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS 3-9-99)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
OR OTHER COUNSEL BEFORE SIGNING.
CON I RACT TO BUY AND SELL REAL ESTATE
(VACANT LAND - FARM -RANCH) (NEW LOAN)
Date: September 21 . 2001
1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and
conditions set forth in this contract.
2. DEFINED TERMS.
a. Buyer. Buyer,
PHILIP H. HIDDESSEN
PATRICIA H. HIDDESSEN
will take title to the real property described below as N Joint Tenants ❑Tenants In Common 0 Other
NA
b. Property. The Property is the following legally described real estate:
LOT B Fd $2 BEING PT E2 SECTION 21, T7N, R65W OF THE 6TH PM, WELD COUNTY, CO
in th County of WET,D ,Colorado,commonly known as No.
1 WCR 43 EATON CO 80615
Street Address City State Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller in
vacated streets and alleys adjacent thereto, except as herein excluded.
c. Dates and Deadlines.
Item No. Reference Event Date or Deadline
1 § 5a Loan Application Deadline October 12, 2001
2 § 5b Loan Commitment Deadline April 16, 2002
3 § 5c Buyer's Credit Information Deadline N/A
4 § 5c Disapproval of Buyer's Credit Deadline N/A
5 § 5d Existing Loan Documents Deadline N/A
6 § 5d Objection to Existing Loan Deadline N/A
7 § 5d Approval of Loan Transfer Deadline N/A
8 § 6a Appraisal Deadline April 05, 2002
9 § 7a Title Deadline October 12, 2001
10 § 7a Survey Deadline October 31, 2001
I I § 7b Document Request Deadline October 12, 2001
12 § 8a Title Objection Deadline October 26, 2001
13 § 8b Off-Record Matters Deadline October 12, 2001
14 § 8b Off-Record Matters Objection Deadline October 26, 2001
15 § 10 Seller's Property Disclosure Deadline October 05, 2001
16 § 10a Inspection Objection Deadline October 26, 2001
I7 § lob Resolution Deadline October 31, 2001
Le-. § 11 Closing Date April 30, 2002
_ § 16 Possession Date May 31, 2002 20 § 16 Possession Time NOON —
21 § 28 Acceptance Deadline Date September 21, 2001
22 § 28 Acceptance Deadline Time 10:00 PM
n/a n/a n/a n/a
n/a n/a n/a n/a
n/a n/a n/a n/a
d. Attachments. The following exhibits, attachments and addenda are a part of this contract:
EXHIBIT A 1293 REC 02244492 03/20/91 REGARDING MYERS TAIL WATER PIT AND WATER DECREED
FOR USE THEREIN IN CASE NO. 80 CW 225
e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation
"N/A" means not applicable.
3. INCLUSIONS AND EXCLUSIONS.
a. The Purchase Price includes the following items(Inclusions):
CBS 3-9-99,Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch)
ReaIFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.06 A,OReaIFA$TS,2001;Reg#TCOCOL222362
Completed by-PATRICIA WATERS,BROKER ASSOCIATE,CENTURY 21 Humpal,Inc.Realtors
09/23/01 12:40:52 Page 1 of 6
(1) Fixtures. If attaches the Property on the date of this contract, ligL „ heating, plumbing, ventilating, and air
conditioning fixtures, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, sprinkler
systems and controls; and
EVAPORATIVE COOLERS, CEILING FANS, FENCES, GATES, AUTOMATIC STOCK WATERERS, IRRIGATION
PUMP AND PIPE, TWO MOBILE HOMES, EXISTING DOG KENNELS
(2) Other Inclusions. If on the Property whether attached or not on the date of this contract:
storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, storage
sheds,and all keys. Check box if included: ®Smoke/Fire Detectors, 0 Security Systems; and
WINDOW COVERINGS, 2 ELECTRIC RANGE/OVENS, 2 DISHWASHERS
(3) Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:
N/A
(4) Water Rights. The following legally described water rights:
EXISTING AS PER ATTACHED EXHIBIT A, ALL RIGHTS AND RIGHTS OF WAY TO MYERS TAIL WATER
PIT AND THE WATER DECREED FOR USE THEREIN IN CASE NO.80 CW 225 IN THE DISTRICT COURT OF
WELD COUNTY, COLORADO
(5) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows:
N/A
b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes, liens and
encumbrances,except as provided in § 12.Conveyance shall be by bill of sale or other applicable legal instrument(s).
Any water rights shall be conveyed by ANY APPROPRIATE deed or other applicable legal instrument(s).
c. Exclusions. The following attached fixtures are excluded from this sale:
REFRIGERATOR
4_, PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows:
,.cm No. Reference Item Amount Amount
1 §4 Purchase Price $ 350,000.00
2 § 4a Earnest Money 9,000.00
3 §4b New Loan TBD
4 §4c Assumption Balance N/A
5 §4d Seller or Private Financing PURCHASER
6 §4e Cash at Closing 341,000.00
7 TOTAL $ 350,000.000 $ 350,000.00
a. Earnest Money. The Earnest Money set forth in this Section, in the form of PROMTSSORY NOTE ,is part payment
of the Purchase Price and shall be payable to and held by CENTURY 2 1 HDMPAL. INC , in its trust account,on behalf of both
Seller and Buyer.The parties authorize delivery of the Earnest Money deposit to the Closing Company,if any,at or before Closing.
b. New Loan. Buyer shall obtain a new loan set forth in this Section and as follows:
Ne❑Conventional ICI Other BUYER PT.ANS T(1 PAY CASH RnT TN EVENT DOES NOT, WTT.T. GET CONV_ T.OAN
This loan will be secured by a 1 ST (1st,2nd,etc.)deed of trust.
The total loan amount, not in excess of$ 141 .000 00 , shall be amortized over a period of 30
®years 0 months, payable at approximately$ N/A per N/A including principal and
interest not to exceed N/A %per annum,plus, if required by Buyer's lender,a deposit of N/A
of the estimated annual real estate taxes and property insurance premium. If the loan is an adjustable interest rate or graduated payment
loan,the payments and interest rate initially shall not exceed the figures set forth above.
Loan discount points, if any, shall be paid to lender at Closing and shall not exceed N/A % of the total loan amount.
Notwithstanding the loan's interest rate, the first N/A loan discount points shall be paid by N/A
and the balance, if any, shall be paid by N/A
Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed 1 % of the loan amount.
c. Assumption. [Omitted-Not Applicable]
d. Seller or Private Financing. [Omitted-Not Applicable]
e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall be
in funds which comply with all applicable Colorado laws, which include cash, electronic transfer of funds, certified check, savings and
loan teller's check and cashier's check (Good Funds).
5. FINANCING CONDITIONS AND OBLIGATIONS
a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan,or if an existing loan is
not to be released at Closing, Buyer, if required by such lender, shall make written application by Loan Application Deadline (§ 2c).
Buyer shall cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all
documents and furnish all information and documents required by lender,and, subject to § 4, timely pay the costs of obtaining such loan
or lender consent. Buyer agrees to satisfy the reasonable requirements of lender, and shall not withdraw the loan or assumption
application, nor intentionally cause any change in circumstances which would prejudice lender's approval of the loan application or
funding of the loan.
b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified in § 4b,
this contract is conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1) lender verification of
employment, (2) lender approval of Buyer's credit-worthiness, (3) lender verification that Buyer has sufficient funds to close, and
(4) specification of any remaining requirements for funding said loan.This condition shall be deemed waived unless Seller receives from
Buyer, no later than Loan Commitment Deadline (§ 2c), written notice of Buyer's inability to obtain such loan commitment. If Buyer
so notifies Seller,this contract shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE, BUYER
SHALT BE IN DEFAULT.
CBS 3-9-99,Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch)
RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.06 A,OReaIFA$T®,2001;Reg#TCOCOL222362
Completed by-PATRICIA WATERS,BROKER ASSOCIATE,CENTURY 21 Humpal,Inc.Realtors
09/23/01 12:40:52 Page 2 of 6
c. Credit Information. [On. d-Not Applicable]
d. Existing Loan Review. [Omitted-Not Applicable]
6. APPRAISAL PROVISIONS.
a. Appraisal Condition. This subsection a. 0 Shall 0 Shall Not apply.
Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation
ermined by an appraiser engaged by BUYER .The contract shall terminate by Buyer giving Seller
Men notice of termination and either a copy of such appraisal or written notice from lender which confirms the Property's valuation is
less than the Purchase Price, received on or before the Appraisal Deadline (§ 2c). If Seller does not receive such written notice of
termination on or before the Appraisal Deadline(§ 2c),Buyer waives any right to terminate under this subsection.
b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by ®Buyer
0 Seller.
7. EVIDENCE OF TITLE.
a. Evidence of Title; Survey. On or before Title Deadline (§2c), Seller shall cause to be furnished to Buyer,at Seller's
expense, a current commitment for owner's title insurance policy in an amount equal to the Purchase Price or if this box is checked, 0
An Abstract of title certified to a current date. If a title insurance commitment is furnished, it IN Shall 0 Shall Not commit to delete
or insure over the standard exceptions which relate to:
(1) parties in possession,
(2) unrecorded easements,
(3) survey matters,
(4) any unrecorded mechanics' liens,
(5) gap period(effective date of commitment to date deed is recorded),and
(6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing.
My additional premium expense to obtain this additional coverage shall be paid by.0 Buyer ®Seller. An amount not to
exceed $ 1 on no for the cost of any improvement location certificate or survey shall be paid by ®Buyer 0 Seller.
If the cost exceeds this amount, BUYER shall pay the excess on or before Closing.The improvement location certificate or survey
shall be received by Buyer on or before Survey Deadline (§2c). Seller shall cause the title insurance policy to be delivered to Buyer as
soon as practicable at or after Closing.
b. Copies of Exceptions. On or before Title Deadline (§ 2c), Seller, at Seller's expense, shall furnish to Buyer, (1) a
copy of any plats, declarations,covenants, conditions and restrictions burdening the Property, and (2) if a title insurance commitment is
required to be furnished,and if this box is checked 0 Copies of any Other Documents (or, if illegible, summaries of such documents)
listed in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these
documents pursuant to this subsection if requested by Buyer any time on or before the Document Request Deadline (§2c). This
requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s). The abstract or title insurance
lmitment,together with any copies or summaries of such documents furnished pursuant to this Section, constitute the title documents
.tle Documents).
8. TITLE.
a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability
of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given
to Seller on or before Tide Objection Deadline (§ 2c), or within five (5) calendar days after receipt by Buyer of any Title Document(s)
or endorsement(s) adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)
to title. If Seller does not receive Buyer's notice by the date(s)specified above, Buyer accepts the condition of title as disclosed by the Title
Documents as satisfactory.
b. Matters not Shown by the Public Records. Seller shall deliver to Buyer,on or before Off-Record Matters Deadline
(§ 2c) true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements,
liens or other title matters not shown by the public records of which Seller has actual knowledge.Buyer shall have the right to inspect the
Property to determine if any third party(ies) has any right in the Property not shown by the public records (such as an unrecorded
easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or
revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record Matters Objection
Deadline (§ 2c). If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of
which Buyer has actual knowledge.
c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR
INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT
WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT
FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH
DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL
FOR AN INCREASE IN SUCH MILL LEVIES.
In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if
written notice is received by Seller on or before Off-Record Matters Objection Deadline (§ 2c), this contract shall then terminate. If
Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing district(s)
waives the right to so terminate.
d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) or
commitment terms as provided in § 8 a or b above,Seller shall use reasonable effort to correct said items and bear any nominal expense
to correct the same prior to Closing. If such unsatisfactory title condition(s) are not corrected on or before Closing, this contract shall
then terminate;provided, however, Buyer may, by written notice received by Seller, on or before Closing, waive objection to such items.
e Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property,
including without limitation boundary lines and encroachments,area,zoning, unrecorded easements and claims of easements,leases and
other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental
matters. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND
TRANSFER OF THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS.
THIRD PARTIES MAY HOLD INTERESTS IN OIL,GAS,OTHER MINERALS,GEOTHERMAL ENERGY OR WATER ON
OR UNDER THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY.
Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such
matters as there are strict time limits provided in this contract(e.g., Title Objection Deadline [§2c]and Off-Record Matters Objection
Deadline[§2c]).
9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for
which a building permit was issued prior to January 1, 1978,this contract shall be void unless a completed Lead-Based Paint Disclosure
(Sales) form is signed by Seller and the required real estate licensee(s),which must occur prior to the parties signing this contract.
CBS 3-9-99,Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch)
RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.06 A,®RealFA$T®,2001;Reg#TCOCOL222362
Completed by-PATRICIA WATERS,BROKER ASSOCIATE,CENTURY 21 Humpal,Inc.Realtors
09/23/01 12:40:52 Page 3 of 6
10. PROPERTY DISCLOSURE AN. 4SPECTION. On or before Seller's Pro, y Disclosure Deadline (§ 2c), Seller
agree,to provide Buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's
current actual knowledge.
a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s) of the physical condition of the
Property and Inclusions, at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective
--`-'cretion,Buyer shall,on or before Inspection Objection Deadline(§2c):
(1) notify Seller in writing that this contract is terminated,or
(2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires
Seller to correct(Notice to Correct).
If written notice is not received by Seller on a- before Inspection Objection Deadline (§ 2c), the physical condition of the
Property and Inclusions shall be deemed to be satisfactory to Buyer.
b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to
a settlement thereof on or before Resolution Deadline (§ 2c), this contract shall terminate one calendar day following the Resolution
Deadline, unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct.
c. Damage;Liens; Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for
any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such
activities.Buyer shall not permit claims or liens of any kind against the Property for inspections,surveys,engineering reports and for any
other work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller harmless from and against
any liability, damage, cost or expense incurred by Seller in connection with any such inspection, claim, or lien.This indemnity includes
Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees.
The provisions of this subsection shall survive the termination of this contract.
11. CLOSING. Delivery of deed(s) from Seller to Buyer shall be at Closing (Closing). Closing shall be on the date specified as
the Closing Date (§ 2c) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by
BUYER AND SFTS,ER AND TRANSAC'TTON BROKER
12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other
terms and provisions hereof Seller shall execute and deliver a good and sufficient GENERAT. WARRANTY deed to Buyer, at Closing,
conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein, title shall be
conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's
signature hereon,whether assessed or not. Title shall be conveyed subject to:
a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by
Buyer in accordance with § 8a[Title Review],
b. distribution utility easements,
c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge
and which were accepted by Buyer in accordance with § 8b[Matters Not Shown by the Public Records],and
d. inclusion of the Property within any special taxing district,and
e. the benefits and burdens of any declaration and party wall agreements, if any,and
f. other N/A
13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the
proceeds of this transaction or from any other source.
14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing
costs and all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete
all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by
®One-Half by Buyer and One-Half by Seller 0 Buyer 0 Seller 0 Other N/A
The local transfer tax of NIA % of the Purchase Price shall be aid at Closing by 0 Buyer 0 Seller. Any sales and
use tax that may accrue because of this transaction shall be paid when due by U Buyer 0 Seller.
15. PROBATIONS. The following shall be prorated to Closing Date (§2c),except as otherwise provided:
a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on 0 The Taxes
for the Calendar Year Immediately Preceding Closing ®The Most Recent Mill Levy and Most Recent Assessment 0 Other
NIA
b. Rents. Rents based on 0 Rents Actually Received 0 Accrued. Security deposits held by Seller shall be credited to
Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases.
N/A
c. Other Prorations. Water, sewer charges; and interest on continuing loan(s), if any;and
MY OTHER
d. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final.
16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date andPossession Time (§ 2c),
subject to the following lease(s)or tenancy(s):
N/A
If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable
to Buyer for payment of$ 200 00 , per day from the Possession Date(§ 2c)until possession is delivered.
17. NOT ASSIGNABLE: This contract shall not be assignable by Buyer without Seller's prior written consent. Except as ractricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives,successors and assigns of the
fs. CONDITION OF AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract, the
Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted.
a. Casualty; Insurance.. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to
Closing, in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before the
Closing Date (§2c). In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be
terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract
despite such damage, Buyer shall be entitled to a credit, at Closing, for all the insurance proceeds resulting from such damage to the
Property and Inclusions payable to Seller but not the owners' association, if any, plus the amount of any deductible provided for in such
insurance policy,such credit not to exceed the total Purchase Price.
b. Damage; Inclusions;Services. Should any Inclusion(s) or service(s) (including systems and components of the
Property, e.g. heating, plumbing,etc.)fail or be damaged between the date of this contract and Closing or possession,whichever shall be
earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and
quality,or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion(s), service(s)or fixture(s) is
not the responsibility of the owners' association, if any, less any insurance proceeds received by Buyer covering such repair or
replacement. The risk of loss for any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the
growing crops, if any, as provided in § 3 and such party shall be entitled to such insurance proceeds or benefits for the growing crops,
if any.
CBS 3-9-99,Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch)
RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 8.06 A,®ReaIFA$T®,2001;Reg#TCOCOL222362
Completed by-PATRICIA WATERS,BROKER ASSOCIATE,CENTURY 21 Humpal,Inc.Realtors
09/23/01 12:40:52 Page 4 of 6
c. Walk-Through;Verificat, of Condition. Buyer, upon reasonable notit hall have the right to walk through the
Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract.
19. RECOMMENDATION OF LEGAL AND TAX COUNSEL By signing this document, Buyer and Seller acknowledge that
the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended
the examination of title and consultation with legal and tax or other counsel before signing this contract.
TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest Money
eunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not
performed or waived as herein provided, there shall be the following remedies:
a. If Buyer is in Default:
(1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all payments and
things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be
proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance
or damages, or both.
❑ (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and
retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments
and things of value are LIQUIDATED DAMAGES and (except as provided in subsection c) are SELLER'S SOLE AND ONLY
REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
and additional damages.
b. If Seller is in Default Buyer may elect to treat this contract as canceled, in which case all payments and things of
value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this
contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both.
c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall
award to the prevailing party all reasonable costs and expenses, including attorney fees.
21. MEDIATION. If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first
proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who
helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must
agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such
mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved 30 calendar days from
the date written notice requesting mediation is sent by one party to the other(s). This Section shall not alter any date in this contract,
unless otherwise agreed.
22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract,Buyer and Seller agree that, in the event of
any controversy regarding the Earnest Money and things of value held by broker or Closing Company(unless mutual written instructions
are received by the holder of the Earnest Money and things of value),broker or Closing Company shall not be required to take any action
Jut may await any proceeding,or at broker's or Closing Company's option and sole discretion, may interplead all parties and deposit any
leys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees.
TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be
returned and the parties shall be relieved of all obligations hereunder,subject to§§ 10c,21 and 22.
24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real
Estate Commission.)
1. LENDER/FINANCIAL INSTITUTION TO PROVIDE LETTER VERIFYING CREDITWORTHINESS BY 10/12/01.
2. FINANCING CONDITIONS AND TERMS MAY CHANGE PROVIDING PROCEEDS TO SELLER REMAIN THE
SAME AND CLOSING IS AS PER CONTRACT.
3. SURVEY AND PLAT TO BE COMPLETED AND FILED BY 10/19/01/ASAP SO PLAN FOR KENNEL CAN
BE SUBMITTED TO COUNTY. BUYER REQUESTS THAT PINS BE FLAGGED BEFORE CLOSING.
4. CONTRACT IS SUBJECT TO BUYER OBTAINING A KENNEL LICENSE FROM WELD COUNTY ON OR
BEFORE FEBRUARY 20, 2002.
5. HOME PROTECTION PLAN TO BE PROVIDED TO BUYER AT CLOSING TO COVER FIRST YEAR.
6. IRRIGATION PUMP TO BE INSPECTED TO VERIFY CONDITION AND WORKING ORDER AS OF 4/30/02.
7. SEPTIC/LEACH FIELDS TO BE CERTIFIED BY HEALTH OR APPROPRIATE INSPECTOR AND ANY
REQUIRED REMEDIES COMPLETED BEFORE CLOSING.
8. ROOFS TO BE CERTIFIED FOR AT LEAST ONE YEAR LIFE.
ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION;SURVIVAL This contract constitutes the entire contract
between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written,have been merged
and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties,
or enforceable unless made in writing and signed by the parties. Any obligation in this contract which, by its terms, is intended to be
performed after termination or Closing shall survive the same.
26. FACSIMILE. Signatures May O May Not be evidenced by facsimile. Documents with original signatures shall be
provided to the other party at Closing, or earlier upon request of any party.
27. NOTICE. Except for the notice requesting mediation described in § 21, any notice to Buyer shall be effective when received
by Buyer or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company.
28. NOTICE OF ACCEPTANCE;COUNTERPARTS This proposal shall expire unless accepted in writing, by Buyer and
Seller, as evidenced by their signatures below, and the offering party receives notice of acceptance pursuant to § 27 on or before
Acceptance Deadline Date and Acceptance Deadline Time (§2c). If accepted, this document shall become a contract between Seller
and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof such
copies taken together shall be deemed to be a full and complete contract between the parties.
CBS 3-9-99,Contract to Buy and Sell Real Estate(Vacant Land-.Farm-Ranch)
ReaIFA$T®Fauns,Box 4700,Frisco,CO 80443, Version 6.06 A,®ReaIFA$T®,2001:Reg#TCOCOL222382
Completed by-PATRICIA WATERS,BROKER ASSOCIATE,CENTURY 21 Humpal,Inc.Realtors
09/23/01 12:40:52 Page 5 of 6
BUYER DATE 7/./.1.
.1
1 N. PIONEER, MESA, AZ ,85203 p
BUYER DATE //1LJ/
HIDDESSEN }-'
rte, �.`
SELLER v4 ` Z�C (� � `L� C0.-4 DATE (
J & K TRUCKING G INC.] (/��//// / /)
SELLE j ,�o/s/�/�.�/..r.. ' • i k 4n/-T"`�i DATE (,/ ` /0
;J
OHN MI6. EVANS
43561 WCR 43, EATON, CO 80615
Home #: 970-834-117rr9��.. Bus.#:..� C 970-
396-0186
) � V�--. \SELLER V cf x.1^1 T > DATE _
ta_tal
KAREN K. EVANS
43561 WCR 43, EATON, CO 80615
Home #: 970-834-1179
29. COUNTER; REJECTION. This offer is 0 Countered ❑Rejected.
Initials only of party(Buyer or Seller)who countered or rejected offer
END OF CONTRACT
Note; Closing Instructions should be signed on or before Title Deadline.
BROKER ACKNOWLEDGMENTS. The undersigned Broker(s) acknowledges receipt of the Earnest Money deposit specified in
§ 4 and,while not a party to the contract,agrees to cooperate upon request with any mediation conducted under §21.
Selling Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as
❑ Buyer Agent LI Seller Agent/Subagent L-I Dual Agent 0 Transaction-Broker.
Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as
❑Seller Agent u Dual Agent U Transaction-Broker.
BROKERS' COMPENSATION DISCLOSURE.
Selling Company's compensation or commission is to be paid by: El Buyer N Seller ❑Listing Company
El Other NA
(To be completed by Listing Company) Listing Company's compensation or commission is to be paid by: ❑Buyer N Seller
U Other
Selling Company:
CENTURY 21 Humpal, Inc. Realtors
2550 Stover Street, Building G
_ (corner of East Drake and Stover)
Fort Collins, CO 80525
Phone: 970-224-1800, Fax: 970-224-5513 By: Cl [ G�=%- 9/2///cl
Signature PATRICIA WATERS Date
Listing Company: CENTURY 71 HUMPAT,. INC (Name of Corn pany)
Listing Company's Address: 2550 STOVER ST. FORT COLLINS. f n 80575
Listing Company's Telephone No: 970-224-1800 Listing Company's Fax No: 970-774-551 3
By: Z,
Signature � /4��-`tec-t�sJ -//6-124.-1.2 Date CBS 3-9-99,Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch)
RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.06 A,®RealFA$T®,2001;Reg#TCOCOL222362
Completed by-PATRICIA WATERS,BROKER ASSOCIATE,CENTURY 21 Humpal,Inc.Realtors 09/23/01 12:40:52 Page 6 of 6
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