HomeMy WebLinkAbout20033037.tiff EXHIBIT N
LEGAL RIGHT TO ENTER
The information for this section is intended to satisfy the requirements outlined in Section
6.4.14 of the Colorado Mined Land Reclamation Board's Construction Material Rules
and Regulations.
An attached letter of agreement from the property owner serves as Hall-Irwin's legal
right to enter the property and initiate mining operation on the affected land.
r
Hall-Irwin Corporation Page 30 of 35
MLRB 112 Permit Application •
2003-3037
^ Water Resources, LLC hereby grants to Hall Irwin Corporation the right to enter into the real property that
is legally described on Exhibit A which is attached hereto for all purposes and the right to execute all
documents required to apply for and obtain permits and the like to mine gravel, sand and aggregate on
said real property.
tape, 1 23 7-O33'5W
Dated: Docombcr 27, 2002-
Water Resources, LLC
By:
Bret all, Manager
STATE OF COLORADO
ss.
COUNTY OF WELD ) n,^
r e hid 073;2003
The foregoing instrument was acknowledged before me on December-471-2002 by Bret Hall, Manager of
Water Resources, LLC.
Witness my hand and seal. ear, \
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My commission expires: 4(43 T
7 �o TA i c tr
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Notary Public •
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IMLEON.MEV/1I%%EN RESERVCIMPEPIASSION FOR wiI.IRWIN ro ENTER wwERW I ssmzda
"EXHIBIT A"
LEGAL DESCRIPTION
Lot B of Corrected Lot B of 2nd Amended Recorded Exemption No.
0961-12-4-RE1053 , recorded July 11, 2001 as Reception No. 2864757,
Westgoaf ptheart
6th P.M. , County of Section
Weld,lStateWofhColorado. Range 65
I111111111Illill It MIN MINE 1111111111111III
• 2961095 06/1412002 10.191 Weld Comely.Cl)
(196 1 of 3 R 16.00 D 30.00 JA."Suld"T$ukmnet°
WARRANTY DEED
THIS DEED, Made this 5th day of June, 2002 between
LJR Farms, LLC, a Colorado limited liability company
of the County of Weld and
State of Colorado, grantor, and
Water Resources, LLC, a Colorado limited liability company
whose legal address is 3026 4th Avenue, Greeley, Colorado 80631
of the County of Weld and State of Colorado, grantees:
WITNESSETR That the grantor for and in consideration of the sum of THREE HUNDRED
EIGHTY THOUSAND AND 00/100, ($100,000.00) Dollars, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the grantee, hie heirs and
assigns forever, all the real property, together with improvements, if any,
situate,lying and being in the County of Weld and State of Colorado, described as
Cis) follows'
4. SEE EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as , , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO NAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
enameling and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2002 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, his heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders,
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
LJR Farms, LLC, a Colorado limited
liability company
BY
r y A. Nissen, Manag
STATE OF COLORADO I
I ss. The foregoing instrument was acknowledged before
County of Weld I me this 5th day of June, 2002
by Jeffrey A. Nissen as manager of LJR Farms, LLC, a Colorado limited liability
company
,�P{1Y Pie Witness my hand and official seal.
p �/C My c rssion explr a Nov tuber 15, 2005
BL0CH
�• O� NOTARY PUBLIC
ss....... �Q`! 1295 Main St.
No. 932A, Rev. 7-84 x F�F ���' Windsor, COLORADO 80550
1111111 1111 11111 MINN 11111111111 1111 11111111
2961095 06/14/2002 10:19* Weld County,CO
2 of 3 A 15.00 038.00 J.A."sutl"Tsukamoto
"EXHIBIT A"
LEGAL DESCRIPTION
A parcel of land being all that part of the SE1/4 and part of the
E1/2SW1/4 of Section 12, Township 5 North, Range 65 West of the 6th
P.M. , County of Weld, State of Colorado and being more particularly
described as follows:
Beginning at the most Northerly and Westerly corner of Parcel 3 as
described within that Warranty Deed as recorded August 29, 1994 in Book
1457 as Reception No. 2404424, said point being on the North line of
said SE1/4:
# 1: Thence South 00 degrees 22 minutes 26 seconds West a distance of
1122 feet more or less, (South 00 degrees 23 minutes 01 seconds
East 1120.77 feet, measured)
# 2: Thence South 32 degrees 44 minutes 16 seconds West (South 31
degrees 58 minutes 49 seconds West, measured) a distance of 86.88
feet;
# 3: Thence South 72 degrees 49 minutes 56 seconds West (South 72
degrees 04 minutes 29 seconds West, measured) a distance of 303.47
feet;
# 4: Thence South 75 degrees 04 minutes 16 seconds West (South 74
degrees 18 minutes 49 seconds West, measured) a distance of 264.43
feet;
# 5: Thence South 74 degrees 48 minutes 17 seconds West a distance oP
483.19 feet; (South 74 degrees 02 minutes 45 seconds West 483.20
feet, measured) ;
# 6: Thence South 74 degrees 23 minutes 12 seconds West a distance of
1.82 feet; (South 74 degrees 02 minutes 45 seconds West 1.81 feet,
measured) ;
# 7: Thence South 15 degrees 50 minutes 16 seconds West (South 15
degrees 04 minutes 49 seconds West, measured) a distance of 100.74
feet;
# 8: Thence South 74 degrees 00 minutes 28 seconds West (South 73
degrees 15 minutes 01 seconds West, measured) a distance of 896.22
feet;
# 9: Thence South 89 degrees 58 minutes 41 seconds West (South 89
degrees 13 minutes 14 seconds West, measured) a distance of 188.96
feet;
#10: Thence North 71 degrees 41 minutes 10 seconds West (North 72
degrees 26 minutes 37 seconds West, measured) a distance of 318.71
feet;
#11: Thence North 87 degrees 51 minutes 00 seconds West (North 88
degrees 36 minutes 27 seconds West, measured) a distance of 96.01
feet;
#12: Thence South 51 degrees 20 minutes 07 seconds West a distance of
559.17 feet (South 50 degrees, 34 minutes, 40 seconds West 558.68
feet measured) to a point on the Northerly Right-of-Way (ROW) line
of Weld County Road #58;
Thence along said Northerly ROW line by the following 5 courses and
distances;
#13: North 40 degrees 48 minutes 17 seconds West a distance of 28.29
feet (North 41 degrees 26 minutes 50 seconds West 28.57 feet,
measured) ;
#14: North 08 degrees 40 minutes 47 seconds West (North 09 degrees 19
minutes 20 seconds West, measured) a distance of 50.77 feet;
#15: North 40 degrees 48 minutes 17 seconds West (North 41 degrees 26
minutes 50 seconds, West, measured) a distance of 102.17 feet to a
Point of Curvature (PC) ;
#16: Along the Arc of a curve which is concave to the Southwest a
distance of 624.42 feet, whose radius is 1046.45 feet, whose Delta
is 34 degrees 11 minutes 19 seconds, and whose Long Chord bears
North 57 degrees 53 minutes 57 seconds West (North 58 degrees 32
minutes 30 seconds West, measured) a distance of 615.20 feet to
the Point of Tangency (PT) ;
#17: North 74 degrees 59 minutes 37 seconds West a distance of 192.02
feet (North 75 degrees 38 minutes 10 seconds West, 188.55 feet
measured) to a point on the West line of said E1/2SW1/4;
#18: Thence North 00 degrees 20 minutes 47 seconds West along said West
line a distance of 296.22 feet (North 01 degrees 06 minutes 25
seconds West 295.06 feet, measured) ;
#19: Thence North 26 degrees 55 minutes 54 seconds East (North 26
degrees 10 minutes 16 seconds East, measured) a distance of 159.30
feet;
#20: Thence North 40 degrees 10 minutes 44 seconds East (North 39
degrees 25 minutes 06 seconds East, measured) a distance of 249.18
feet;
#21: Thence North 35 degrees 36 minutes 23 seconds East (North 34
degrees 50 minutes 45 seconds East, measured) a distance of 686.68
feet;
#22: Thence North 49 degrees 53 minutes 03 seconds East (North 49
degrees 07 minutes 25 seconds East, measured) a distance of 236.39
feet;
#23: Thence North 66 degrees 57 minutes 02 seconds East (North 66
degrees 11 minutes 24 seconds East, measured) a distance of 196.07
feet;
#24: Thence North 79 degrees 49 minutes 43 seconds East (North 79
degrees 04 minutes 05 seconds East, measured) a distance of 222.60
feet;
#25: Thence South 88 degrees 06 minutes 26 seconds East a distance of
137.28 feet (South 88 degrees 52 minutes 04 seconds East 133.29
feet, measured) 'to a point on the West line of said SE1/4;
#26: Thence South 00 degrees 27 minutes 25 seconds East along said West
line a distance of 3.59 feet to the Northwest Corner of that parcel of
land as described in that Quit Claim Deed as recorded April 18, 1935 in
Book 976 at Page 291;
Thence along the Northerly line of the aforesaid parcel of land by the
following 4 courses and distances:
#27: Thence South 86 degrees 27 minutes 23 seconds East a distance of
175.86 feet;
#28: Thence North 71 degrees 23 minutes 37 seconds East a distance of
284.54 feet;
#29: Thence North 82 degrees 30 minutes 37 seconds East a distance of
504.68' feet;
#30: Thence North 88 degrees 12 minutes 37 seconds East a distance of
214.90 feet to the North line of said SE1/4;
#31: Thence South 88 degrees 51 minutes 53 seconds East a distance of
1269.91 feet to the True Point of Beginning.
TOGETHER WITH Two and Three-Fourths (2 3/4) shares of the capital stock of the
Smith Lateral Ditch Company
TOGETHER WITH Two and One-Fourth (2 1/4) shares of the capital stock of the
Lower Latham Reservoir Company
TOGETHER WITH Two and One-Half (2 l/2) shares of the capital stock of the Lower
Latham Ditch Company
TOGETHER WITH One (1) irrigation Well 15115E-R
TOGETHER WITH all Grantor(s)interest,in all water,water rights,ditch,ditch rights,
well,well rights,reservoir,reservoir rights and water taps appurtenant to the subject
property.
TOGETHER WITH all of Grantor(s)interest in all producing and non-producing •
minerals,mineral rights,sand,gravel,hydrocarbons,oil and gas appurtenant to the
subject property.
111111 IINI NNNI 111111111111111111111111111111N II II
2961095 06/1/12002 10:19A Weld County,CO
3 0l 3 fi 15.00 0 38.00 J.A. "Suit'Tsukamoto
7,2
�AIIN INN IIINiI Nl IINI INin NIII N I INI NN IIII
3034711 0212412003 10:21A Weld County,CO
1 of 2 fl 11.00 0 22.00 Steve Morons perk 8 Recorder
WARRANTY DEED
THIS DEED, Made this 19th day of February, 2003 between
Jeffrey J. Luppens and Stacy R. Luppens
of the County of Weld and
State of Colorado, grantor, and
Water Resources, LLC, a Colorado Limited Liability Company
whose legal address is 3026 4th Avenue, Greeley, Colorado 80631
of the County of weld and State of Colorado, grantees:
WITNESSETH That the grantor for and in consideration of the sum of TWO HUNDRED
TWENTY THOUSAND AND 00/100, ($220,000.00) Dollars, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and
assigns forever, all the real property, together with improvements, if any,
C, situate,lying and being in the County of Weld and State of Colorado, described as
follows:
Pki
m SEE EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as , , Colorado
TOGETHER with all and singular the hereditament. and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditament. and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and.assigns-forever. And the grantor, for
himself, his heirs and personal representatives, does davenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well'seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law;, rn fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains. sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2003 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, his heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
'IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
JeP ,l Lu ens�Y
l syn )
Star penns
STATE OF COLORADO
} as. The foregoing instrument was acknowledged before
County of Weld } me this 19th day of February, 2001
by Jeffrey J. Luppens and Stacy R. Luppens
Witness my hand and official seal.
to
sioexpi s ovember15, 2005
1i
St.
!Q NOTARY PUBLIC
e 1295 Main St.
/
No. 932A. Rev. :1._,_ M„OTC Windsor, COLORADO 80550
IIIII11111111111Hi11111hmllIIIIIIIII]INIIIII
�—.. •
303/11 02/2412003 10:111 Weld Coaoly,C0
2W 2 Rite] 0 22.00 Okrve Moreno Clerk 8 Recorder
"EXHIBIT A"
LEGAL DESCRIPTION
Lot B of Corrected Lot B of 2nd Amended Recorded Exemption No.
0961-12-4-RE1053, recorded July 11, 2001 as Reception No. 2864757,
being a part of the SE1/4 of Section 12, Township 5 North, Range 65
West of the 6th P.M., County of Weld, State of Colorado.
TOGETHER WITH One (1) share.- of the capital stock of The Lower Latham
Reservoir Company
TOGETHER WITH One (1) share of the capital stock of The Lower Latham
Ditch Company
TOGETHER WITH One (1) share of the capital stock of The Smith Lateral
Ditch Company
,0,.".
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