HomeMy WebLinkAbout20010009.tiff - I HMI "'II ICJ II IHIII IHIIII III FIFA HI!I'll
2781158 07/).,[000 11:51A JA Sukl Tsukamom
/ L', ' 1 0l 2 R 10.00 0 0.50 Weld County CO • -
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WARRANTY DEED
THIS DEED, Made this 1st day of June, 2000 between
W.S.W., Inc., a Colorado Corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantor, and Hoahiko Farms, Inc., a Colorado Corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantee, whose legal address is A07 tockt,05/: /0”�],tvsoyy
WITNESSETH, That the grantor, for and in consideration of the sum of TEN AND 00/100,
($10.00) 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, its successors and assigrs forever, all
the real property together with improvements, if any, situate,lying End 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 number as , , Colorado
(/ TOGETHER, with all and singular the hereditament' and appurtenances thereunto
` belonging, or in anywise appertaining and the reversion and reversions, remainder end
V�l remainders, rents, issues and profits thereof, and all the estate, right, title,
,(4 interest, claim and demand whatsoever of the grantor, either in law or equity, of in
(�/ and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its successor, and assigns forever. Ano the grantor,
for itself, its successors and assigns, does covenant, grant, bargain, and agree to
and with the grantee, its successors and assigns, that at the time of the insetting
and delivery of these presents, it is well seised 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 aforesaid, and that the same are free end clear
from all former and other grants, bargains, sales, liens, taxes, ,
Encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2000 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, its successors and assigns,
against all and every person or persons lawfully claiming or to claim the whole or any
part thereof.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto
subscribed by its Vice president, and its corporate seal to be hereunto affixed,
attested by its secretary, the day and year first above written.
Attest:
�% �y, W.S.W., Inc., a Colorado Corporation
BY 2 o4cf4Te , I"/GF ASS. BY
Name/Title Name/Title
STATE OF COLORADO }
ss. The foregoing instrument was acknowledged before
County of Weld ) me this 1st day of June, 2000, by
Thomas E. Selders as Vice President of W.S.W., Inc., a Colorado Corporation
My commission expires November 15, 2001
Witness my hand and official seal.
a
aO\\,4\ P B
'^ C/C NOTARY PUBLIC
1295 Main St.
No. 767 Rev. 6-85 ! OARELLA L. Windsor, COLORADO 80550
0L0CH
*.'; "F rnl.
EXHIBIT
I I U
2001-0009
11111111111 Illliil 11111 II 111111 hid III 11111 IIII IIII
2781168 07/18/2000 11:51A JA Sukl Tiuksmom
2 0l 2 R 10,00 0 0.50 Weld Comp/CO
"EXHIBIT A"
LEGAL DESCRIPTION
A tract of land located in the W1/2 of Section 29, Township 6 North,
Range 65 West of the 6th P.M. , County of Weld, State of Colorado, which
is more particularly described as follows:
Commencing at the Northwest corner of said Section 29, and considering
the North line of the NW1/4 of said Section 29 to bear South 89 degrees
57 minutes 08 seconds East and with all other bearings contained herein
relative thereto;
thence South 89 degrees 57 minutes 08 seconds East, 193.82 feet along
said North line to a point lying 100.00 feet as measured at right
angles to and Easterly of the centerline of the Union Pacific Railroad
(main track) ;
thence continuing along said North line, South 89 degrees 57 minutes 08
seconds East, 102.67 feet;
thence South 13 degrees 02 minutes 34 seconds East, 1788.81 feet
(platted 1796.7 feet) along a line parallel to and 20.00 feet as
measured at right angles to and Easterly of the centerline of said
Union Pacific Railroad;
thence 1166.14 feet along the arc of a 06 degrees 00 minutes 00 seconds
curve to the left, whose radius is 954.93 feet, central angle is 69
degrees 58 minutes 06 seconds, and whose chord bears South 48 degrees
01 minutes 37 seconds East, 1095.02 feet to the True Point of
Beginning;
thence 99.05 feet along the arc of said curve to the left, whose radius
is 954.93 feet, central angle is 05 degrees 56 minutes 34 seconds, and
whose chord bears South 85 degrees 58 minutes 57 seconds East, 99.00
feet;
thence South 88 degrees 57 minutes 14 seconds East, 533.34 feet
parallel to and 75.00 feet as measured at right angles to and Northerly
of the centerline of the Union Pacific Railroad Spur Line to
Briggsdale;
thence South 01 degrees 02 minutes 46 seconds West, 50.00 feet to the
Northerly right-of-way line of said spur line;
thence 91.79 feet along the arc of a 04 degrees 53 minutes 30 seconds
curve to the left, whose radius is 1171.28 feet, central angle is 04
degrees 29 minutes 24 seconds, and whose chord bears South 88 degrees
48 minutes 04 seconds West, 91.77 feet;
thence non-tangent to said curve, South 88 degrees 48 minutes 04
seconds West, 532.98 feet;
thence North 04 degrees 38 minutes 47 seconds West, 80.00 feet to the
True Point of Beginning.
TOGETHER WITH a non-exclusive, perpetual easement for the purpose of
providing ingress and egress for farming purposes only on, along, upon,
over and across lands owned by W.S.W. , Inc. , which is more particularly
described as follows:
Commencing from the point where the centerline of the Free Church
Lateral Ditch as now constructed intersects the Northern boundary line
of the lands owned by W.S.W. , Inc. ;
thence in a Southerly direction to a point where the centerline of the
Free Church Lateral Ditch as now constructed intersects the Southern
boundary line of the lands owned by W.S.W. , Inc. ;
thence in a Southwesterly direction along said Southern boundary line
for a distance of 75.00 feet;
thence in a Northeasterly direction to a point on the Northern boundary
line of the lands owned by W.S.W., Inc. , 35.00 feet West of the True
Point of Beginning.
- 4
S ^oorf r7'7 Record.] W C a
__ _— oew. 4 A JAN 1 6 197E El t!'r
16'79119 4
R«. rm. a, t.. s+,.l..., J,., t.,:sa c
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in,
WARRANTY DEED
, KNOW ALL MEN BY THESE PRF,S@✓'1'S, Tha9l Monfort of Colorado, Inc., a Delaware ' t)"
cf-
a, ': (, ,' .(J I Ncorporation, duly nuthoriied to do business in the State of Colorado, for and --
co a
'i in cons ides[ion of One Hundred Thousand Dollars ($100,000.00) in hand paid, H4.1}
r-1
r-
..0. hereby sells and conveys to Hoshiko Farme,•Ine., a Colorado corporation, the • 4
i^1 1
following real estate and property, situate in the County of Weld and State of
a a
vi Colorado, to-wit: - •a+ e
so w�:
.r., The Southeast Quarter of the Northwest Quarter (SF)tNW`t) of Section •,., . ,��
o Twenty-nine (29), Township Six (6) North, Range Sixty-five (65) .o
Ct West of the 6th P. M., County of Weld, State of Colorado, except o
that certain parcel of land conveyed by deed recorded in Book 300
,• at Page 148; together with four (4) shares of the capital stock of
r-; the New Cache La Poudre Irrigation Company; four (4) shares of the
� ' '
•
r4 capital stock of the Cache La Poudre Reservoir Company; and 4 w;
3shares of the Free Church Lateral Ditch Company,
n ii 4
t G
0\Jf' together with all its appurtenances and warrants the title to the same, subject,
however, to the following: li
S
1. 1976 taxes due and payable in 1977.
2. Reservations, restrictions, conditions, easements or rights-of-way a .:,
of record or established on the premises, including those referred
to in instruments recorded in the Weld County records under the C
following references: Book 20 at Page 75; Book 2 at Page 260;
Book 491 under Reception Number 1418145; Rook 126C at Page 189; and
Book 1 at Page 540.
3. Oil and Gas Lease recorded In nnnk 676 under Reception Number ---
1558080 of the Weld County records.
4. Lease recorded in Book 736 under Reception Number 1658301.
Signed and delivered this 15 day of January, 1976. •tom•
;• • I)J�"'., MONFORT OF COLORADO, INC. Pi
C.../
•. ..'SAL) ',y...+. fairl H.By-f .�...-1.AS .:_ • (Vice) President
-Au LI5'!`:' 0
y -
;y+,,l -.
.., !•v� /�.�[n.^4 _ Stale Documentary Fee 1r2;� •
(Assistant) Secretary JAN 1 6 1976
STATE OF COLORADO ) — :
) es
COUNTY OF WELD ) ;1�
°::;_
The foregoing instrument was acknowledged before me this LSrh day of
T
January, 1976, by v. Hank_Brown , (Vice) President, And "
Clark E. Weaver , (Assistant) Secretary, of Monfort of Colorado, Inc. e.:_• •
-
WITNESS my hand and official seal. `„,+J,•y"'s, MOO.
My commission expires August 4. 1979 •
V" •
. s
thy•
Notary Public � 4:4'4 _ e
• . .. i 17467,7 .... MARY ANN FVJIASr. 4scoder,
BOOK necepe_., .�.._.—. .___.._.__ --'---'-'---'--
„ ig MAR 8 197E o
t
ii
N? Y
825 Ruerded ee.._..�.e -..o•cl«L.... M. _.._—.__—____ —__ _�a
Recorder's steep
,Is DEED Made this 7th day of February
I
19 78,bstween Monfort' of Colorado, inc.
' a aerpontian duly organised and •,
existing under and fir virtue of the lawn; Slats Documentary Fee f
r^i' �
rn of the state of Delaware as the first 0tr6end HOShiko Farms, Dais I/MAR - •v.- I
,)`wG Inc. , a Colorado.corporation, Rte.', Box 108, s___L111_— le
t Kersey, Colorado, 80644
.1
^_•.,' County of Weld and staters?
J et the tw` of the second part:t— Colorado
M Y. r i
w9' p
WiDol l r s ($10.00)$t the acid party of the heat part,for and in eaasi l uab a the ram d
• Ten Dollars and other good and valuable cons iderat��J187.
paid the said party of Ns second pert,the receipt wberwf la here
r- I to the said part)of the first part in hand by
yr.. I by<aofsesed and acknowledged,bath granted,bargained,sold and...mend,and by Mesa primate dote grant,bar
i gain,sell,convey and confirm unto the said Dart of the second part,i is summa {tom{,and assigns for N
52! N I of land,situate,lying and MI&5u,. to
0 per, all of the following described nRt o
a County of Weld and s44 of Colorado,to wit:
IThat part of the West Half of the Northwest Quarter (WY NW)) , o
I Section twenty-nine (29) lying East of Highway 85, Weld County, o
. pap Colorado, all said above-described property lying in township Six I
. • 7 3 (6) North, Range Sixty-five (65) West of the Sixth Principal j •
Meridian, together with five (5) shares of the capital stock of the
•x . New Cache La Poudre Irrigating Company and eight (8) shares of the
rr, capital stock of the Cache La Poudre Reservoir Company.
Together with all easements from the Rinks and Free Church Laterals
presently used to transport irrigation water to the above described
i• Or premises:
wit/ TOGETHER with all and singular the bereditamrnb end appurtenant thereunto es belonging, or in anywise
apyec4)n4g, and the reversion or rersrdaas, remainders, rants, Issues and profits thereof; and all the estate,
right, tide, Interest, claim and demand whatsoever of the said party of the flat part,either In law or equity,cf.in
pruning with Qs hereditament.and appurtenances.
and to the HAaboVE
hD TO HOLDed p bargained end described, with the appurtenances onto the
TO t] AND b. the said premises sex ahoy*
said party of the second part, its suCCe99oisaWma forever.And the said Monfort Of
Colorado, Inc. partyof the first part,for Itself,
and 14 successors,Both<eveoavt,grans bargain,aoJlgree to and with En said party of Oa second put,
' is successors41144 and ensigns,that et the time of the 'signaling sad dsllyny of thew presents it la well
It' salted of the premlacs above d,as of a good,sun,perfect,absolute and indefeasible estate of inheritance,in
g' law,in In simple,end bath good right,full power and lawful authority to grant,bargain,sell sod convoy the acme
In manner and form aforesaid,and that the same ere fns and clear from all former and other great",bargain".
sales,liens,tares,aseesamen4 and 4nmbrencas of whatever bled Greaten sower;
Excepting from the above—conveyed property, those parcels heretofor
' conveyed by instruments recorded in the Office of the County Clerk
and Recorder of WeLil County, Colorado, to the Department of
and sub's t
Highways, State of Colorado, and to Weld County, Colorado, 7 ;i
,to..ak,l easements, rights-of-way, and reservations of record. .,
,+" *adj crce:ibn'bargained premises in the quiet end peaceable onpossession of the said party
of the second part r,
1, t or any be tenon.the and assigns,grindall and nary and willrWARRANT AND lawfully FOREVER DFFENDaiming or to claim the whole t3
�' any Daft• .the said party of the first pert s 1
J. 1FQ:�n•31TDi}'88 WHEREOF,The said party of the fire part'bath caused Re corporate name to be beneath ,lc
: d,' C.
• d. I idpaeribed:bfl Vice— President,and l4 corporate seal tobehereunto anted.attested by l4 Assistant l
"-Milan 1 g 'csarepry.; y and year first above written.
�j: :'� _ _ - __ _I
MONFORT OF COLORADO, z - _r��
Kat
;..-c,•C 7?sTR OF COLORADO,
,• 'l tymty of_S'LCjd
• J I)�� tot , I
cregolR(�nitnment was acknowledged before no this 7th ss Vi ceFeb President and
( t•IY� �,�- 1-. 1 C. HrknE Drown as Asst. Secretary et
, , , JG - . et e' Clark E. Weaver •corpondon. —
, i 'd,'., �I �• C re Monfort of Colorado, Inc.
1 ' • fr ; Mynotarlal commWton alpha 11/1/80
L..
•........r �",/ Witness my band end official seat
Cr
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�/ 4' Wean Ina
the,dos, V 11yMTr anon-Carron a"nnata,raaw6e V.MPH Mat lima Data Dana-La
e a"y ^¢` ...�, . .wu• 4. L . �'tl'u.9f4. s, i...•; . ,. . ',i.,,lJ a. ' t ywMM1
... Aarliioos ■ 1817 MAC 01152005 01/04/04 15132 .3.00 1/001
r 0945 NARY ANN ymjgngglN cLan a ngcOeDgn WILD CO. Co ,,
FEMORAL REPREStNTATIvt'8 DEED
THIS DEED is made by 7NTRAWEBT BANK OF GREELEY, N.A.,'is
Personal Representative of the Estate of Grace L. Fagerberg, Deceased,
Grantor, to` HOSHIICO YAMS, INC., a Colorado
5d, Kersey,.Corporation
tee, �.y
Whose address 'is ,28097 Weld County
WHEREAS, the above-named decedent in her lifetime made and
executed her-N,+st Nil and leat+wnt dated March 7, 1968 and Codicil
' ,. {S,4ne ..-:Fq" R NwdcteS fwr4-wv.
3 ,_ ,.._...2010,' a 14" tam tot 105,;,,I
on November-49, -1901, 1g the � Court in annd'i r 11P-.17N
,.a
Weld, and State of Colorado, Probate No. 03 PR 250; and
1�,,grantorwas dul appointed Personal Representative of a.. .,4;;;:
•,..!:-
qq yy
y said Estate ofl veeh+r 29, 298ly Tend"-it ► Qualified +et`i1' fin F ;
y� ,�eaaQ y %'. Y :S l • .r u'4r 3.
n,,, .S r'' t r� >fe S' R us rzrz{ ',, t ^ t ,r ' /w"t G . f 7: }h r 4• �y„j '1Ast"M
nt
' CRS 'A9y'I.f.l 0O3 O 't for o -tI Ca6C Tb ,
tion of other good and valuable cemaidd*t+etion;and Ten *
Dollars- (l10G110), ar.ntoP sells sad +lyi to Gaaatlwr
real"14 't..tp in :old`COunt9 ,IP,I,r10,# ^` ilt
a
The:Northeast Quarter"(NEll4) of'the Northwest`Q-msf#er v
;NW1/§) and the Northwest "Quarter (NW1/4)rof t#tJortttr ,
`SNN Doaimm�ASY Pss hest,:Quarter (NElf1) of' sectton Twenty-nine"(21)'(218z - ate '
lamo ;hip-Six (6) North. Range sixty-five (65) West tea
- Sth P.N. ,` together with eight (8) shares of the iias 1:„
f Thurch Lateral pitch Co. , sight (8) shares of _ ''
Cache la Poudrs Irrigating Co. ; and three (3 sitl of —
- the Fossil Creek .Reservoir Co., . r , Tr
-
with all appurtenances, subject to rights of way for easements, ditches, ,
and matters of record as shown by instruments recorded in Book 1, Page
540; Book 1163, Page 510; Book 1268, Page 191; Book 1372, Page 387;
Book 579, Rec. No. 1501176; Book 1003, Rec. Nos. 1935181 and 1935182,
Weld County Records; and an undivided 1/3 mineral interest as recorded
in Book 1407, Page 558; and Book 1407, Page 559, Weld County Records;
and 1983 taxes due and payable in 1984.
Executed December 30 , 1983.
INTRAWEST BANK OF GREELEY, N.A.•
By ct,..t,,.ct
; ,t:: - O Senior Trust Officer
VQi�.?y .f
‘� - as Personal Representative of the
- '0 -G >-o- '.0 ; Estate of Grace L. Fagerberg, Deceased
(2 '"ST,Al COLORADO ) ss.
COUNT1(` £ WELD )
c` ccciThe foregoing instrument was acknowledged fore me this ,114 day
....or„J�^ , , 1983 , by (1.9,„,t.,) 91-. b .t , c_i as Sr.
Trust Officer of IntraWest Bank of ; reefey, N.A. as Personal Representa-
tive of the Estate of Grace L. Fagerberg, Deceased.
WITNESS my hand and official seal.My commission expires P^KCcssmissisnExolrosAryi'7 r's 1907
NOTARY PUBLIC
KAROWSKY. WITWER & OLDENBURG
SUITE 000.GREELEY NATIONAL PLAZA
CHARLES A RARO NINTH AVENUE AND EIGHTH STREET
STOW A L. E JR GREELEY.COLORADO 000313094
RSA OLDENBURG AREA CODE 303
BETSY B NAROWSITY 352 3101
JOHN J BARRY
February 23 , 1982
MEMORANDUM TO: Paul Hoshiko
FROM: Charles A. Karowsky .
You have made inquiry of me concerning mineral status on the
various properties you will acquire or have acquired and which
we refer to as the ED FAGERBERG PROPERTY, GRACE FAGERBERG
PROPERTY, MASON PROPERTY and HOOD PROPERTY.
1. With reference to the EDWARD FAGERBERG PROPERTY, I have
examined a title opinion which covers the Subject Property and
which was written in April of 1969. There is absolutely no
reference to any mineral reservations contained in this opinion,
which causes me some confusion since it is an odd Section and
ordinarily there would be a reservation of all the minerals
by the Union Pacific Railroad Company.
I have reviewed the lease and option to purchase signed by
ED FAGERBERG and MONFORT FEEDLOTS back in 1969 and there is
no reference to minerals' in that instrument either. I will
be able to give you an exact answer until I have had an opportunity
to see an up-to-date title policy or examine the abstract, but on
the basis of discussions that follow
i this
memo,
I I pect suspect
that
wf nht minerals.Union Pacific has not reserved any which
have not, then all the minerals would be with the property
you are acquiring. I have no recollection of any reservation of
minerals by MONFORTS in their agreement with you.
2 . Reference is now made to the HOOD property, which is described
as that part of the West Half (W1) of the Northwest Quarter (NW4)
in 29-6-65 , lying East (E) of Highway 85 and no mineral reservations
appear of record in either the title policy or in the deed.
The title policy does refer to a reservation by Denver Pacific
Railway, (a predecessor of Union Pacific Railroad) which reserves
a 200 foot right-of-way but no further reference to any reserva-
tions to minerals is made. This reservation was made in
1870 , which is some 20 or 25 years before Union Pacific started
reserving minerals. Since this property is also in the same
section as the ED FAGERBERG PROPERTY, it begins to appear you would
own all the minerals as it applies to the HOOD parcel. I have the
benefit of a title opinion that refers to the same property, and
I find no reference therein to any mineral reservations.
3 . Reference is now made to the GRACE FAGERBERG PROPERTY with a
description which is the Northwest Quarter (NWT ) of the Northeast
Quarter (NE4) and the Northeast Quarter (NE1) of the Northwest
Quarter (NWo) of 29-6-65. In this instance it appears that
GRACE FAGERBERG owned an undivided one-third (1/3) interest in
the minerals. I gathered this information from. a title opinion
dated April 7 , 1969 . There does not appear to be any reference
to mineral reservations in the lease option agreement with
MONFORTS and I find no mineral reservation references in any
documents between you and MONFORTS. You will, therefore, acquire
one-third of the minerals when this transaction is eventually
closed.
4 . Reference is now made to the MASON PROPERTY, and according
to the title policy, the description is the Southeast Quarter
(SE') of the Northwest Quarter (NW.) of 29-6-65 . Once again I
have had the opportunity of a title opinion dated in January
of 1969 and the only reference to a reservation by Union Pacific
(Denver Pacific) is of a 200 foot right-of-way.
I have also had the benefit of a title policy issued by Stewart
and there is no reference to any mineral reservations .
In summary, it would appear to me that you own or will own all
the minerals under the various properties described above , except
as to the GRACE FAGERBERG property in which instance you will
only acquire a one-third (1/3) interest.
Very trulz yours,
KAROWSKY, WIT & OIDENBURG
( Charles A. Kar wsky
MII I ER Azvv iZUYL7-
ATTORNEYS AND COUNSELORS ._. LAW
TELEPHONE NO. 3e2-a<0>
DAVID U. MILLER•ROOERT A.RUYLE
I004 A NINTH AVE.
P. o. EOx 990
GREELEY, COLORADO 80631
September 3 , 1968
Monfort Feed Lots , Inc .
Box 1290
Greeley, Colorado 80631
Gentlemen:
We have examined abstract of title , consisting of 211 sheets ,
last continued on the 11th day of April , 1968 at 7 : 45 A. M. ,
under certificate No. 19, 003 of The Security Abstract Company
of Weld County, covering the following property in Weld County,
Colorado:
DESCRIPTION: The West Half of the Northwest Quarter CaV'IY;i)
and that part of the Northwest Quarter of the
Southwest Quarter (NW*SWi) described as follows :
Beginning at a point formed by the corner of the
southerly line of the Southwest Quarter of the
Northwest Quarter (SWiNW4) and the northerly
line of the Northwest Quarter of the Southwest
Quarter (NW*SW*) , running thence in a southerly
direction and along the westerly line of the
said Northwest Quarter Southwest Quarter (\W? Sw) ,
200 feet , thence in an easterly direction and
parallel with the southerly line of the Southwest
Quarter Northwest Quarter (SWiNW') , 348 feet,
and thence in a northerly direction and parallel
with the westerly line of said Southwest Quarter ,
(SWj) , 200 feet to the southerly line of the
Southwest Quarter Northwest Quarter (SW' NW )
and thence along said line in a westerly direction
348 feet to the point of beginning , all in
Section 29 , in Township Six (6) North, of Range
Sixty-five (65) West of the Sixth (6) Principal
Meridian.
TITLE: Based upon this examination we find fee simple
title to be in Gladys R. Hood under Decree In
The Determination In The Interests Of The Lands
of James Henry , deceased ; Mary A . Henry , deceased;
Drusilla E . Rienks , deceased and Ben, aT..in C .
Rienks , deceased entered by the Weld County
District Court on October 16 , 1951 and recorded
October 17 , 1951 in Book 1314 at page 2J5 of
the Weld County records (sheets No . 142 to 148) .
Monfort Feed Lots -2- September 3 , 1968
MORTGAGES AND 1 . None
DEEDS OF TRUST:
WATER RIGHTS: 2. Various instruments of record indicate that
the owner, Gladys R. Hood, also owns four (4)
shares of the capital stock - of The New Cache
la Poudre Irrigating Company.
RIGHTS OF WAY: 3 . Rights of way for roads , ditches , telephone
lines, power lines, or other purposes as now
located upon said premises .
4. A parcel of ground containing 6. 929 acres
was conveyed by the owner to The State Highway
Department of the State of Colorado under warranty
deed dated September 24, 1948 and recorded Septem-
ber 27, 1948 in Book 1234 at page 510 of the Weld
County records which property is described as
being located in the West Half (W-) Section
Twenty-nine (29) , Township Six (6) North, Range
Sixty-five (65) West of the Sixth (6) Principal
Meridian as follows : Beginning at a point on the
East and West quarter line of Section Twenty-nine
(29) , Township Six (6) North, Range Sixty-five (65)
West , from which point the West Quarter
(W ).
corner of Section Twenty-nine (29) , bears North
85° 50' West a distance of 240 . 8 feet ; Thence
South 7°33 ' East a distance of 203 . 9 feet ; Thence
South 85° 50' East a distance of 75. 8 feet ; Thence
North 1O. 56' West a distance of 200 . 8 feet to a
point on the East and West quarter line of Section
Twenty-nine; Thence along the East and West
quarter line of Section Twenty-nine (29) , South
85° 50 ' East a distance of 23 . 6 feet; Thence 100 . 0
feet westerly of and parallel to the center
line of the Union Pacific Railroad, North 7° 33 '
West a distance of 2575. 4 feet to a point en the
West line of Section Twenty-nine (29) ; Thence
along the West line of Section Twenty-nine (29) ,
South 0° 26 ' West a distance of 1541 . 4 f_•et ;
Thence North 82° 27 ' East a distance of 97 . 1 feet ;
Thence 216 . 0 feet westerly of and parallel to the
center line of the Union Pacific Railroad, South
7° 33 ' East a distance of 1024 . 7 feet , more er
less , to the point of beginning . The owner
reserved for driveway purposes a strip of _and
30 feet in width adjacent to and on the South side
of the East and West Half Section line across the
Monfort Feed Lots -3- September 3, 1968
tract conveyed to the Highway Department .
5. Gladys R. Hood also conveyed to the State
Highway Department of the State of Colorado her
access rights to the aforesaid tract of land
from the adjacent land which she is the owner
uncer access deed dated September 24, 1948 and
recorded September 27 , 1948 in Book 1234 at page
507 of the Weld County records .
6. The examined property is subject to a right-
of-way for county road along the West property
line forty feet (40) in width as described in
right-of-way deed recorded in Book 847 at page
254 of the Weld County records (sheet N . _U) .
7 . The property is subject to a right-of-way
forthe Union Pacific Railroad Company as reserved
in deed recorded in Book One (1) of Deeds at page
540 of the Weld County records being 200 feet in
width and described in map of said right-of-way
filed in the office of the Weld County Clerk and
Recorder July 2, 1917 (sheet No. 115. )
8. The property is ' further subject to an easement
• for the purpose of ingress and egress to and from
the public road lying to the North of Section
•
Twenty-nine (29) , Township Six (6) North, Range
Sixty-five (65) West of the Sixth (6) Principal
Meridian over and across the following described
property: West Half of the Northwest Quarter
(W2NW+) of Section Twenty-nine (29) , Township
Six (6) North of Range Sixty-five (65) West of the
Sixth (6) Principal Meridian and along the service
road situated on west bank of the Free Church
Lateral Ditch Company ditch as th.^ same is now
located and used by the Free Church L^_teral Ditch
Company. The grant of easement was made subject
to the right-of-way of the Free Church Lateral
Ditch Company and was limited not to exceed the
width of the right-of-way for said lateral ditch
company's service road located on the west side
of the ditch. The right-of-way is to be used in
common with the Free Church Lateral Ditch Company.
RESERVATIONS: 9 . Patent reservation to the United States of
•
Monfort Feed Lots -4- September 3, 1968
America excluding and excepting a'? mineral
lands, should any such be found to exist , but
not to include coal and iron land , by patent
recorded in book 20 at page 75 of the Weld
•
County records. This reservation hr.s been held
to be void.
OTHER ITEMS: 10. The property is included within the boundaries
of The Northern Colorado Water Conservancy District ,
The Eaton Fire Protection District and the West
Greeley Soil Conservation District and subject to
taxation as a result of the inclusion within
• the boundaries of said Districts.
11 . The owner of the property has in the past
enjoyed the rights of a right-of-way lease with
the Union Pacific Railroad Company as described
in instrument recorded in Book 976 at page 167
of the Weld County records. Continued use of
the Railroad Company right-of-way for agricultural
purposes is dependent upon periodic renewals of
said. agricultural lease. Investigation should
be made of the records of the Union Pacific
Railroad Company to determine the continued
leasing of the Railroad right-of-way for agri-
• cultural purposes.
12. The property is included within the Seeley
Lake Zoning Area and the Northeast Greeley Zoning
Area as adopted by the Board of County Commissioners
of Weld County , Colorado. That portion of the
property lying West of the highway Section
Twenty-nine (29) is covered by the Scele•y Lake
Zoning Map recorded in Book 524 under reception
No. 1 , 445,801 of the Weld County records and that
portion lying East of the highway is regulated
by the Northeast Greeley Zoning Area :!2.7 recorded
in Book 1619 at page 166 of the Weld County records .
13. The property is subject to the Weld County
Subdivision Regulations , Mobile Home and Mobile
Home Park Regulations as adopted by the Board
of County Commissioners of Weld County, Colorado.
LEASES AND 14. The property is• subject to a Lease and
OPTIONS TO Option to Purchase dated August 2 , 1967 entered
PURCHA SE:
Monfort Feed Lots -5- September 3, 1968
•
into -between Gladys R. Hood and Monfort Feed
Lots , Inc . , a Colorado corporation_ , recorded
March 13 , 1968 in Book 592 under reception No .
1 , 514, 162 of the Weld County records . The
exact terms and conditions of said Lease and
Option to Purchase are contained in sheets
No. 200 to 210 of the Abstract .
POSSESSION: 15. Possession of the property by a per-;on
other than the owner is notice to the purchaser
of whatever right that person may have to the
premises whether by lease, contract , unrecorded
conveyance, or otherwise.
TAXES: 16. Since under Colorado law any property may
be assessed for taxes previously omitted from
the tax roll upon discovery of the om!esion by
either the county assessor or the co'_Inty treasurer,
it is suggested that you secure from the county
treasurer a certificate of taxes due . Such
certificate constitutes conclusive evidence
of payment of all taxes .
17 . There are no outstanding or unredeemed tax
sale certificates as indicated by the abstract
• of title.
REQUIREMENTS: 18. None.
• Very truly yours,
,,6 47 Aye ---
Robert A. Ruyle
• RAR/cc
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