HomeMy WebLinkAbout20012396.tiff l�/gyp
44, OF c°l° •
tin
STATE S = RADO
DEPARTMENT OF
STATE
CERTIFICATE
I, VICTORIA BUCKLEY, SECRETARY OF STATE OF THE STATE OF
COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF
THIS OFFICE, ARTICLES OF MERGER WERE FILED ON JANUARY 02,
1997, WITH AN EFFECTIVE DATE OF JANUARY 02, 1997, EVIDENCING
THE MERGER OF
WESTERN PAVING CONSTRUCTION CO.
(COLORADO CORPORATION)
INTO
MOBILE PREMIX CONCRETE, INC.
(COLORADO CORPORATION) , THE SURVIVIOR.
Dated: August 01, 1997
1111111111111111111111111111 INDIUM 11111 IIII IIII
2607618 04/21/1998 12:31P Weld County CO
1 of 1 R 6.00 D 0.00 JA Suki Tsukamoto
SECRETARY OF STATE
■ 1iaieun W..
2001-2396 C//(////j/�l
cv 185O08 N,,4.°..:�-uw. r,.,,
V
State of Colorado, Weld County Clerk & Recorder
WARRANTY DEED
1
•
E. NU; SEaAFINI and DORIS ANN SERAFINI, whose a'fdress is 2'.062 East
AtOth Street, Brighton, County of Adams. State ,f Craorado, for the
crrsideratinn of one hundred ninety._nin? thousand 'c/i03chs (M59,010:01'
doll.ars, hereby sell and convey to WESTERN PA;I70 CONSTRUCTION CO. a Colorado
corporation, whose address is 1400 West. 64th Avenue_, Denver, County of Delver, c
cnd Stuta r of Colorado, the following real propers5' in the County of Weld and
Stine of Colorado, to-wit: .
- r
r\ A)..1 tnai part of the NE 1/s o° the SE 1/ . of S,... .._ Townsh
ip
ip
fro
2 North, Range 63 West of the 6th P.0. , more partico:Lo-1y
described ne follows:
8_it.rning at the East quarter-corner of Section 17; thence ;tootn
jf*1E uiLitli n;it iii on the East line 702.6 feet; thence North 56-ISO' hest 48.4 feet;
thence North 1 "09' East 193.3 feet; thence North 25° 5' West 41
,,,1 feet; thence North 52°37' West 280.2 feet; thence North 3;'31'
•
West 336.6 feet to the East and West center line of Suction 17;
t f q. C) O thence South 39°55' East 469.7 feet to the point of beginning;
TOGETHER WITH all ditch and water rights appertaining thereto,
including three domestic water taps of The Left. Nand Water Supply
Company:
with al:. .its appurtenances and warrant the title to name subject to the 1'i°•:
general property taxes which by reason: of adjustments, the grantee ossur•d= end
?gre.es to pay; any liens by reason of the ina.ustcon of aoid pr.'in I aes ire The
Northern. Colorado Water Conservancy District and The Longmont 17.re ero'taeti.a:
District; existing rights of way and easements for railroads, ditches_, ,a;.3,
__t 1ty li.:es and roads; patent restrictions n, record; and 1' :thenlent .o
p:.: gad gag. leases of record'. and further subject to any existing tenancies.
afti
Signed this V/ day of April. LO
L // act/
State Documental Fee (7 _L.��'�: —�"_'
APR 2 7 1981 f ores Ara 3e. afi c+ , a ;n
Date. arot nor F, `sus .rierarir•'i^
•
STAFStr' COLORADO
) ns.
..41•`! 7 OF BOULDER )
. :gc.; 4 4
no-; of ;prf.l. 1981 b/ Doris lcr. Sere a i .d_
ire c._., Ion flax Serafi.ni. rf
°r•
ij.
omaa tten xpirca )4y Commission expires Aug. 4,1981 3o„; \�Bn(f
f , -o
I.
y,gM,lll
,.,. I lyO'
rtecm�reJ ar ..._.___....._......__.. o'clock ./ ..M.
Rec.No. . 1856 1 .4-.416eastrter.Ar
tor
State of Colorado, Weld County Clerk & Recorder
WARRANTY DEED
E. i5AX SERAFINI and DORIS ANN SERAFINI, whose address is 24062 Cas,
brit Street, Brighton, County of Adams, State of Colorado, for the
aonslderatian of one thousand no/100ths ($1,000.00) dollars, hereby tell. and
.convey to WESTERN rAVINO CONSTRUCTION CO, a Colorado corporation, whose address
ls 1400 )lest 64th Avenue, Denver, County of Denver, and State of Colorado the
ioliawing real property in 'the County of Weld and State of Colorado, to-wit:
r, cart of the SF 1/4 of Section 17, Townat:: North, !la -:e 63
-_, Nest of tae 6th P,M., more particulary described as follows:
beginning at the East quarter corner of said Section 17; thence
South along the East line of the SE 1/4 of sold Section 17, 707.6
feet to the true point of beginning; thence north 56°50'00" West.
18.4 feat; thence North 01°09'00" East, 193.3 feet; thence north
23°45'00" West, 41.0 feet; thence North 5'_°37'00" West, 230.2
- feet; thence South 23'23'24" East, 701.77 feet to a point of
intersection with the East line of said SE 1/4; thence North
along said East line 213.00 feet to the true point of beginning;
with all its appurtenances and warrant the title to same subject to the 1931
general property taxes which, by reason of adjustment, the grantee assumes and
agrees to pay; any existing farm tenancies; any liens by reason of the inclusion
of said premises in The Northern Colorado Water Conservancy District and The
Longmont Fire Protection District; existing rights of way and easements for
railroads, ditches, creeks, utility lines and roads; patent restrictions of
recera; and Further subject to oil and gas leases of record; and further
subject to any existing tenancies.
__- Signed this Ofilday of April 1981.
Doris Ann Sepal r.i, a'ctoey
State Documentary Fee fact for F. lax Serafini.
a,=
APR 2 71981
l
010
Doris Anr. Serafini.
-- . /1
.
STATE CF COLORADO )
53.
moan,, OF BOULDER )
The foregoing instrument Was acknowledged before me
6=y o!- April, 1931 by Doris Ann Serafini, ind is i.l'cri ly and ,a at::orr=7 -
is act for E. Max Serafini.
Witness my hind and official seal.
. ...9 ia'sion ex hires My Commission expires Aug.4,1981
� i.eo rr
APR vcco.aec of _._._��_�-._ ° t -- 2,1381--'PA—"--
, •
ir
Rec.No. J S�110_� ^/�tm/
Stnte of Colorado, Weld County Clerk G Recorder
WARRANTY DEED
J
E. MAX SERAFINI, whose address is 24062 East 160th Street, Brighton,
County of Adams, State of Colorado, for the consideration of one million and
no/100ths dollars, hereby sells and conveys to WESTERN PAVING CONSTRUCTION CO, a
o Colorado corporation, whose address is 1400 West 64th Avenue, Denver, County of
Denver, and State of Colorado the following real property in the County of Weld
and State of Colorado, to—wit:
Vl
See attached Parcel C.
SI hiE TOGETHER WITH all ditch and water rights appertaining thereto,
and to the other premises being acquired by the grantee,
-4 including one domestic water tap of The Left Hand Water Supply
Company; 2.5 shares of the capital stock of The Smith & Emmons
c;; Ditch Company; three shares of the capital stock of The Gadding
EL..._. /bbl. 6 o Ditch Company; and 60 acre feet of water as allotted to said
premises by The Northern Colorado Water Conservancy District;
with all its appurtenances and warrants the title to same subject to the 1981
general property taxes which the grantee assumes and agrees to pay; any existing
farm tenancies; any liens by reason of the inclusion of said premises in The
Northern Colorado Water Conservancy District and The Longmont Fire Protection
District; existing rights of way and easements for railroads, ditches, creeks,
utility lines and roads; patent restrictions of record; and further subject to
oil and gas leases of record.
Signed this2114day of April, 1981.
•
//la e-t_ �C
y a
State Documentary Fee // • Al .r.+.� i
APR 2 71981 ! ris Ann Serafini as atto ey
Date z
$ /00 00 in fact for E. Max Serafini.
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 2 4't4
day of April, 1981 by Doris Ann Serafini as attorney in fact for E.
Max Serafini.
Witness my hand and official seal.
My commission expires: My Commission expires Aug. 4, 1981 ^pp •J U.gds
J .'tf2
Notary Publ c. ';4dViOA .;
The-E) of the 5:9; a( =h SE; .of Section 16, 114s ns'. ) 2 North, Range e •
AE'We of the 6th P.M.
EXCEP', .aeginning at the Northeast corns of said E; of the SE',
thence running West 3715 feet;
thence South 178 feet;
thence East 371' feet;
thee ce Ncrth 178 feet to the PLACE OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Albert F. Small in Warranty
Deed recorded November 30, 1915 in Book 430 at Page 123, being more
particularly described as follows:
BEGINNING at a point on the East line of Section 16, Township 2
North, Range 68 West of the 6th P.M. ,
whence the East Quarter corner of the said Section bears North 178.3
feet;
thence South along the East line of the said Section 470 feet; _
thence 534°23 'W 645 feet;
thence N48°20'W 25 feet;thence NOn°37'E 981 feet;
thence N89°24 'E 371 feet to the POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Lee Powell and Frona Powell
in Quit Claim Deed recorded January 6, 1947 in Sock 1195 at Page 24 ,
being more particularly described as follows:
A tract of land in the said 51 of Section 16,
BEGINNING at a point on the South line of said Section 16, 1296 feet
West of the Southeast corner of said Section 16;
thence N2°05'W 33 feet to the TRUE POINT OF BEGINNING;
thence N2°05'W 663 feet;
thence NO°14 'E 181.6 feet;
thence N2°28'E 446.2 feet; -thence 589°,53'W 681.3 feet;
thence S44°57'W 217.5 feet;
thence N54°15'W 455.1 feet;thence 584°43'W 279.1 feet;
_hence $61°5R'W 150_2 feet;
thence S7°41'W 397.1 feet;
thence S39°33'E 328.4 feet;
;_hence S40°10'W 900 feet;
:-.hence along the South line of said Section 16 S89°58'E 2009.3 feet;
thence N40°59 'E 45.5 feet, more or less, to the TRUE POINT OP BEGINNING
ALSO i::CEPT a tract of land conveyed to Walter Springsteel and Fred
R. Springsteel in Warranty Deed recorded November 10, 1936 in Book 1O01
at Page 205, being more particularly described as follows:
A tract of land in the SE' of Section 16, Township 2 North, Range 68
Gnat of the 6th P.N. , described as follows:
BEGINNING at a point 371.5 feet West of the Northeast corner of said
Quarter section;
thence West 350 feet;'
thence South 1040 feet;
Thence East 350 feet;
thence North 1040 feet to the POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to A. E. Mundt in Warranty Deed
recorded August 22, 1942 in Book 1097 at Page 544, being more narticularl�
described as follows:
tract of land in the SEY of Section 16, Township 2 North, Range 68 West
of the 6th P.M. , described as follows:
BEGINNING at a point 721.5 feet West of the Northeast corner of said
Ocantar section;
test 205 test;
tip- ...._. Louth 200 feet;
,,..._.. East: 2( 6 feet;
thence North 200 feet to the PLACE OF BEGINNING
T.LSO EXCEPT a tract of land conveyed to Russell N. Miller, Jr. and
toena 4i. Miller in Warranty Deed recorded January 21, 1976 ii•,
hoot: 757 as Reception No. 1679440, being more particularly described
as follows:
A part of the SE/4 of Section 16, Township 2 North, Range 68 West of
the 6th P.W. , described as follows:
BEGINNING at a point on the North line and 927.50 feet West of the ,{,' .
Northeast corner of said SEA; rat
_.._..__ ;
I^=-ete -ly aloe; said North line a distance of 125.00 feet; - %
thence on an angle to the left of 38°47' a distance of 662 . 34 feet;
thence on an angle to the left of 91°13' a distance of 331.00 feet
to the West line of that property recorded in Book 1001 at Page 205
934 6
L
Recorded at .. a .-- dd. _m_ rn L / I`J01
18.
1 & Recorder
of Colorado, Weld County Clerk Cr Recorder
WARRANTY DEED
E. MAX SERAFINI and DORIS ANN SERAFINI, whose address is 24062 East
160th Street, Brighton, County of Adams, State of Colorado, for the
consideration of five dollars and other valuable consideration, including
exchange for other real property, hereby sell and convey to WESTERN PAVING o
CONSTRUCTION CO, a Colorado corporation, whose legal address is 1400 West 64th
Avenue, Denver, County of Denver, and State of Colorado the following real
property in the County of Weld and State of Colorado, to—wit:
-4 - r-
See attached Parcel D.
SiAl1 b :u:::.tlad ItE
TOGETHER WITH all ditch and water rights appertaining to, affixed
'! or used upon the real estate, including all real property
'"( interests in The Godding Ditch and The Smith & Emmons Ditch and
00-op their decrees; 50 acre feet of water as allotted to said 1
3.._.... premises by The Northern Colorado Water Conservancy District,
with all its appurtenances and warrant the title to same subject to two
promissory notes payable to The Travelers Insurance Company, secured by deeds of
trust recorded in Book 910, Reception No. 1840522, and Book 816, Reception No.
1737815 of the Weld County, Colorado records, having an aggregate principal and
interest balance of $600,000.00, which the grantee assumes and agrees to pay;
the 1981 general property taxes which the grantee assumes and agrees to pay; any
existing farm tenancies; any liens by reason of the inclusion of said premises
in The Northern Colorado Water Conservancy District and The Longmont Fire
Protection District; existing rights of way and easements for railroads,
ditches, creeks, utility lines, gas lines and roads; patent restrictions of
record; and further subject to oil and gas leases of record.
The grantors further convey to the grantee all of their right, title and
interest in and to The Carr & Tyler Ditch and The N. K. Smith & Tyler Ditch and
their decrees;
Signed this2j day of April, 1981.
f
State Documentary Fee ris Ann rafini as atto ey
in fact for E. Max Serafini.
Dote APR 271981
$ /90. 00 L /�
ris Ann Se C rafini.
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this Z ota
day of April, 1981 by Doris Ann Serafini individually and as attorney
in fact for E. Max Serafini.
Witness my hand and official seal. tier
ott4s'At) 24
My commission expires: }Ay Cam ion expires Aug. 4,1981 4O
Notary Publ
( ' az
The of the SW of Section 16, Towr p 2 North, Range 68 West of the
tith.P.ii. ;
All that part of the N'sof the NW; of Section 21, Township 2 North,
Range 68 West of the 6th P.M. , described as follows:
BEGINNING at the Northwest corner of Section 21, Township 2 North, Rang
68 West;
thence running South on the West line of said Section 21a distance of
1326 feet to the North boundary of Hershey Brothers' land;
thence running East (Variation 15°East) along the North boundary of
Hershey Brothers' land a distance of 2077 feet .to right of way of the
D.U.E..P.R.R. now the B.M.R.R_R. ;
thence along the South and West side of said R.R. right of way N23°12 'W
a distance of 209 feet;
thence N29°W a distance of 583 feet;
thence N49° and 30 'W, a distance of 540 feet;
thence N52°W a distance of 424 feet to a point at which the Southwest
• edge of said H.R. right of way intersects the North line of said Sec tic.
21;
thence West along said North line of said Section 21 a distance of 991
feet to the POINT OF BEGINNING,
at Northwest"corner of said Section 21; .And all that part of Section 16, Township 2 North, Range 68 West of .the
6th P.M. , more particularly described as follows: _
BEGINNING at. a point on the .South line of said Section 16, 1296 feet .
West of the Southeast,carver of said Section 16;
thence N2°05'W 33 feet to the TRUE POINT OF BEGINNING;thence N2°05't'7 663 feet;
thence NO°14'E 181_6 feet;
thence N2°28'E 446.2 feet; - - -
thence S89°53'6: 681_3 feet;
thence 544°57'W 217_.5 feet; -
thence N54°15'W 455.1 feet; •
thence S84°43'W 279_1 feet
thence $61°58'W 150.2 feet;
thence S7°41't3 397_1 feet, •
thence S39°33'E 328.4 feet;
thence S40°10'W 900 feet;
thence along the South line of. said Section 16 589°58'E 2009.3 feet;
thence N40°59'E 45.5 feet, more or less, - to the TRUE POINT OF BEGINNING:
and the NWT of the NEB of Section 21, Township 2 North of Range 58
West of the 6th
ALSO, all of that part of theN; of the NWT of Section 21, in Township
2 North, Range 68 West of the 6th P.M. lying East of the right of way •
of the Burlington and Missouri Railroad Company;
EXCEPT a tract of land conveyed to S. H. Carr in Quit Claim Deed
recorded January 2, 1908 in Book 250 at Page 300, being more particular]
described as follows:
BEGINNING at the Northeast corner of the NW`; o€ the NEy of Section 21,
Township 2 North, Range 68 West of the 6th P.M_;
thence South along the East line of said 40 acre tract,
80 rods to the Southeast corner of same;
thence West along the South line of said 40 acre tract 52 rods to and
including the county road;thence Northeasterly along the West line of said County road, 95.4 rods
to the PLACE OF BEGINNING. •
7-Pt 1/4 COR.,SEL 16 I FA/0 ALUM ^AP
..ND ALUM. GAP515°45'314W - 266I 34' 1 _— - t to ai G— f
589°45'33" / 1581.22_ otoR -
I,
Iw--PCF-O-%pP�agn Di .I I/s.4 - :sssc5.:
. 1O PRO ..J W- --
I m 1 II—
V Pc 1 POLS G3iwo/bc i1 I
IH
0 9y FI4a 'A\ I 0O E. 957 1 Pl03 9.330 '
n i G.v,.IGAF>I -. :23
Z
Jjl R. "- -,n
Cam'`— fI'11 fa"I--
' 5 B9"45'33"w
/4LI 33100' °,11 I NO
Stu_Et(I'3n4," W
N \ IS 13 \L. — 07 LEN �.y W
v 3 S. I/2, SEC. 16 3131Co��_ QVI ro°y f I ;
N 1 1 2 NE9'OI'ICW y,2P
2 Rt., V�✓ 55.66' w 3959O9 aer ACRES I 9a'
St it NO.40'M"£
ku W 114.22' _•
.
O O (e °:at' ¢u 31 I N42e14'39.W/ 0j °
+n:o E r 81 25.00'
. N 4
°c-ce/ � I
122.41' `S •I
A I.
e 3. 195 • �� •
f ry
Ilkg Ito --oS k
•/se i; SC2z 1 S(e o
2
x fO0�v '' `` .ii,
_ _ J
a I , I ,* WELD CO RD. 20
a � I 11
0 ¢
s
9EL. la---T '4 — —e.f,,z--— _. -->eao— -Rr aY q
LVM. CAP / f/RS'S4 04 E 1321.5/5)I '
446 N ?03 13132( 0 -02. ��i ' R a�42�{3F.}Cn lt,A /; I
nii 4,
n I FS 3-c. p r/ 4/ :
u {31321 01-ZSLZ4l SST w ?arced "D" 9y o I`
5 - 2 J �� 1 W
'^
� 'at42°20'09" d - . �y1� 11 Q IM
b R.1485.39' o IL.
i Z c L41095.33' 3 ° V
Iz I = 40.
N; 4,41Y1'25" Iw' .1/ 4,08 3 —
0Z Re022.39' M1'/ 1,
p 2 'o
4
y L.IOOS.R2 I] r2�/ 4i
2/ OQrrV ] z
W
e .
EC. 21—., -- 209131' S e..4 d7..4I/c 4 .a ___ A"n' /
_q6. CAP — NEr55' 45'£ 2645.11' N29°5S 45 5 / . &
SW CM NWy 449.63'
e% 3-4 ci 5:
Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called
the Company,insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys'fees and expenses which the Company may
become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed
by its duly authorized officers as of Date of Policy shown in Schedule A.
Transamerica Title Insurance Company
President
By
Secretary
FOR USE WITH COLORADO REGIC ERICAN LAND I I.Lt .a+,.,.. ..: -.• . - -., - - - - -
SCHEDULE A
Amount of Insurance$ 3x100,000.00 Policy No. 8009954
Date of Policy April, 28, 1981 Sheet 1 of$__
8:00 A.M.
1. Name of Insured:
•
WESTERN PAVING CONSTRUCTION CO. , a Colorado Corporation .
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
WESTERN PAVING CONSTRUCTION CO. , a Colorado Corporation
FOR USE WITH COLORADO RED AMERICAN LAND TIRE ASSOCIATION LOAN PO 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REG. 'AMERICAN LAND TITLE ASSOCIATION OWNER'S P11..ICY-FORM B-197O (AMENDED 10-17-70)
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of Colorado, County of
Weld , and is described as follows:
PARCEL A:
All that part of the NEQ of the SEi of Section 17, in Township 2
North, of Range 68 West of the 6th P.M. , more particularly
described as follows:
BEGINNING at the East quarter corner of Section 17;
thence South on the East line 702.6 feet;
thence N56°50 'W 48. 4 feet;
thence Nl°09 'E 193. 3 feet;
thence N28°45 'W 41 feet;
thence N52°37 'W 280 .2 feet;
thence N34°31'W 336. 6 feet to East and West center line of
Section 17;
thence S89°55 'E 469. 7 feet to POINT OF BEGINNING
PARCEL B:
A part of the SEa of Section 17, Township 2 North, Range 68 West
of the 6th P.M. , more particularly described as follows:
COMMENCING at the East One-Quarter corner of said Section 17;
thence South along the East line of the SE; of said Section 17,
702 .6 feet to the TRUE POINT OF BEGINNING;
thence N56°50 ' 00"W 48 .4 feet;
thence N01°09 ' 00"E, 193. 3 feet;
thence N28°45 ' 00"W, 41.0 feet;
thence N52°37'00"W, 280.2 feet;
thence S23`23 ' 24"E, 701. 77 feet to a point of intersection with
the East line of said SE4;
thence North along said East line 218.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL C:
The E' of the SWa and the SE; of Section 16 , Township 2 North, Range
68 West of the 6th P.M.
EXCEPT beginning at the Northeast corner of said E' of the SEa
thence running West 3711 feet;
thence South 178 feet;
thence East 3712 feet;
thence North 178 feet to the PLACE OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Albert F . Small in Warranty
Deed recorded November 30 , 1915 in Book 430 at Page 123, being more
particularly described as follows :
BEGINNING at a point on the East line of Section 16 , Township 2
FOR USE WITH COLORADO REGIO...AMERICAN LAND TITLE ASSOCIATION OWNER'S F, CY-FORM B-1970 (AMENDED 10-17-70)
SCHEDULE A—Continued
North, Range 68 West of the 6th P.M. ,
whence the East Quarter corner of the said Section bears North 178. 3
feet;
•
thence South along the East line of the said Section 470 feet;
thence 334 °25 'W 645 feet;
thence N48°20 'W 25 feet;
thence N00 °37'E 981 feet;
thence N89°24 'E 371 feet to the POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Lee Powell and Frona Powell
in Quit Claim Deed recorded January 6 , 1947 in Book 1195 at Page 24 ,
being more particularly described as follows:
A tract of land in the said S' of Section 16 ,
BEGINNING at a point on the South line of said Section 16 , 1296 feet
West of the Southeast corner of said Section 16 ;
thence N2°05 'W 33 feet to the TRUE POINT OF BEGINNING;
thence N2°05 'W 663 feet;
thence N0°14 'E 181.6 feet; -
thence N2°28 'E 446.2 feet;
thence 889°53'W 681. 3 feet;
thence S44 °57 'W 217.5 feet; -
thence N54°15 'W 455 . 1 feet;
thence S84°43 'W 279. 1 feet;
thence 561°58 'W 150 .2 feet;
thence S7°41 'W 397. 1 feet;
thence S39°33 'E 328.4 feet;
thence S40 °10 'W 900 feet;
thence along the South line of said Section 16 S89°58 'E 2009 . 3 feet;
thence N40°59 'E 45 . 5 feet, more or less , to the TRUE POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Walter Springsteel and Fred
R. Springsteel in Warranty Deed recorded November 10 ,1936 in Book 1001
at Page 205, being more particularly described as follows:
A tract of land in the SE4 of Section 16 , Township 2 North, Range 68
West of the 6th P.M. , described as follows :
BEGINNING at a point 371. 5 feet West of the Northeast corner of said
Quarter section;
thence West 350 feet;'
thence South 1040 feet;
thence East 350 feet;
thence North 1040 feet to the POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to A. E . Mundt in Warranty Deed
recorded August 22, 1942 in Book 1097 at Page 544 , being more particularly
described as follows:
A tract of land in the SEa of Section 16 , Township 2 North, Range 68 West
of the 6th P.M. , described as follows:
BEGINNING at a point 721. 5 feet West of the Northeast corner of said
Quarter section;
thence West 206 feet;
thence South 200 feet;
FOR USE WITH COLORADO REC AMERICAN LAND TITLE ASSOCIATION LOAN PC 1910 (AMENDED 1017-70)
FOR USE WITH COLORADO REC I AMERICAN LAND TITLE ASSOCIATION OWNER'S F....ICY-FORM B-197O (AMENDED 10-17-70)
SCHEDULE A—Continued
thence East 206 feet;
thence North 200 feet to the PLACE OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Russell N. Miller, Jr. and
Sonna M. Miller in Warranty Deed recorded January 21, 1976 in
Book 757 as Reception No. 1679440 , being more particularly described
as follows:
A part of the SE; of Section 16 , Township 2 North, Range 68 West of
the 6th P.M. , described as follows:
BEGINNING at a point on the North line and 927.50 feet West of the
Northeast corner of said SEn;
thence Westerly along said North line a distance of 125. 00 feet;
thence on an angle to the left of 88°47' a distance of 662 . 34 feet;
thence on an angle to the left of 91°13 ' a distance of 331.00 feet
to the West line of that property recorded in Book 1001 at Page 205
of the Weld County Records;
thence on an angle to the left of 88°47 ' and along said West line a
distance of 462. 34 feet to the Southeast corner of that property
recorded in Book 1097 at page 544; thence on an angle to the left
of 91°13' and along the South line of said property a distance of
206. 00 feet to the Southwest corner of said property; thence on an
angle to the right of 91°13' and along the West line of said property
a distance of 200. 00 feet to the POINT OF BEGINNING.
PARCEL D:
The Wh of the SW; of Section 16 , Township 2 North, Range 68 West of the
6th P.M. ;
All that part of the N1 of the NWQ of Section 21, Township 2 North,
Range 68 West of the 6th P.M. , described as follows:
BEGINNING at the Northwest corner of Section 21, Township 2 North, Range
68 West;
thence running South on the West line of said Section 21 a distance of
1326 feet to the North boundary of Hershey Brothers ' land;
thence running East (Variation 15°East) along the North boundary of
Hershey Brothers ' land a distance of 2077 feet to right of way of the
D.U. &P.R.R. now the B.M.R.R.R. ;
thence along the South and West side of said R.R. right of way N23°12 'W
a distance of 209 feet;
thence N29°W a distance of 588 feet;
thence N49 ° and 30 'W, a distance of 540 feet;
thence N52°W a distance of 424 feet to a point at which the Southwest
edge of said R.R. right of way intersects the North line of said Section
21;
thence West along said North line of said Section 21 a distance of 991
feet to the POINT OF BEGINNING,
at Northwest corner of said Section 21;
And all that part of Section 16 , Township 2 North , Range 68 West of the
6th P.M. , more particularly described as follows :
BEGINNING at a point on the South line of said Section 16 , 1296 feet
West of the Southeast corner of said Section 16 ;
FOR USE WITH COLORADO NEC AMERICAN LAND TITLE ASbOCIATION OWNERS CY FORM H-197O (AMENDED 10-17-70
SCHEDULE A—Continued
thence N2°05 'W 33 feet to the TRUE POINT OF BEGINNING;
thence N2°05 'W 663 feet;
thence N0°14 'E 181.6 feet;
• thence N2°28'E 446 .2 feet;
thence S89 °53'W 681. 3 feet;
thence 644°57!W 217. 5 feet;
thence N54°15 'W 455 . 1 feet;
thence S84°43'W 279 . 1 feet;
thence $61°58'W 150 .2 feet;
thence S7°41'W 397. 1 feet;
thence S39°33 'E 328.4 feet;
thence S40°10 'W 900 feet;
thence along the South line of said Section 16 S89°58 'E 2009 . 3 feet;
thence N40°59 'E 45. 5 feet, more or less, to the TRUE POINT OF BEGINNING;
and the NW≤ of the NE4 bf Section 21, Township 2 North of Range 68
West of the 6th P.M. ;
ALSO, all of that part of the N1 of the NWa of Section 21, in Township
2 North, Range 68 West of the 6th P.M. lying East of the right of way
of the Burlington and Missouri Railroad Company;
EXCEPT a tract of land conveyed to S. H. Carr in Quit Claim Deed
recorded January 2 , 1908 in Book 250 at Page 300 , being more particularl
described as follows:
BEGINNING at the Northeast corner of the NWa of the NEa of Section 21,
Township 2 North, Range 68 West of the 6th P.M. ;
thence South along the East line of said 40 acre tract,
80 rods to the Southeast corner of same;
thence West along the South line of said 40 acre tract 52 rods to and
including the county road;
thence Northeasterly along the West line of said County road, 95.4 rods
to the PLACE OF BEGINNING.
FORM NO. C-6000-38
FOR USE WITH COLORADO.REG,' AMERICAN LAND TITLE ASSOCIATION OWNER'S. .CY-FORM 8-1870 (AMENDED 10.17.70)
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in,possession not shown by the public records.
2. Easements,or claims of easements,not shown by the public records.
3. Discrepancies, conflicts in boundary lines,shortage in area,encroachments, and any facts which a cor-
rect survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by
law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer
service,or for any other special taxing district. The 1980 General taxes paid .,accord-
ing to tax receipt dated April 27, 1981.
6. Rights of way for county roads 30 feet wide on either side of section
and township lines, as established by order of the Board of County
Commissioners for Weld County, recorded October 14 , 1889 in Book
• 86 at Page 273.
7. Reservation, which does not contain a forfeiture or reverter clause,
as contained in need from Denver Pacific Railway and Telegraph Co.
recorded May 31, 1883 in Book 25 at Page 59 , providing substantially
as follows:
"Right of way for said railway in width and in manner as provided
by the Acts of Congress in relation thereto. " (Affects Parcels A & B)
8. Right of the Proprietor of a Vein or Lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted, as reserved in United States Patent
recorded June 3, 1884 in Book 34 at Page 190 .
(Affects Wk SE4 and Ek SWQ Section 16)
9 . Easement and right of way to construct, operate and maintain its lines
of telephone and telegraph as granted to The Mountain States Telephone
and Telegraph Co. in right of way recorded May 7, 1930 in Book 894
at Page 394 , in which the specific location of said right of way is
not defined. (Affects Ek SWa Section 16 and NE; NWa Section 21)
10 . Easement and right of way to construct, reconstruct, rephase, repair,
operate and maintain on the described lands and/or in or upon all
streets, roads or highways abutting said lands , an electric transmissi(
and/or distribution line or system, as granted to Union Rural Electric
Association, Inc. , in right of way easement recorded September 21, 197(
in Book 633 as Reception No. 1554932 , affecting the following describe(
property:
E' of the SE; of Section 16 , Township 2 North, Range 68 West of the
6th P.M.
FOR USE WITH COLORADO REG AMERICAN LAND TITLE ASSOCIAI ION LOAN EC. 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REG AMERICAN LAND TITLE ASSOCIATION OWNER'S '''''' ICY-FORM B-19770 (AMENDED 10-17-70)
SCHEDULE B—Continued
This easement is located adjoining the West line of the road now
constructed on the East side of the above described property.
,11. Easement and right df way to construct, maintain, inspect, operate
replace, change or remove two gas lines and one fuel gas line, as
granted to Amoco Production Company in Right of Way- Agreement
recorded June 21, 1976 in Book 770 as Reception No. 1691690 , affecting
the following described property: -
A parcel of land fifty feet wide in SE' Section 16 , Township 2 North,
Range 68 West, the centerline of which is described as follows:
Commencing at a point which is on the intersection of the West line
of Weld County Road No. - 7 and the North line of Weld County Road
No. 20; thence North along said West line of Weld County Road No.
7 a distance of 25 feet to the True Point of Beginning of said
centerline; thence West and aparallel to the North line of said
Weld County Road No. 20 a distance of 80 rods to the end of said
centerline.
12. Right of way 100 feet wide, it being 50 . feet on each side of the
center line of the railroad of said company as located upon the SW;
of Section 16 , Township 2 North, Range 68 West of the 6th P.M. , as
granted to The Denver, Utah and Pacific Railroad Company in Right
of Way Deed recorded August 8, 1889 in Book 86 at Page 192 , in which
the specific location of said right of way is not defined.
13 . Rights of way for two lateral ditches now running across said land
which convey water from said Smith & Emmons Ditch to other lands,
and right of egress and ingress along said ditches at all times of
year, and should the East lateral of said ditches require enlarging
at any time in the future said first part reserves the right to go
on to said land for the purpose of enlarging said ditch, as reserved
by Amos J. Emmons in Warranty Deed recorded November 29 , 1905 in
Book 235 at Page 39 , in which the specific location of said rights
of way are not defined.
(Affects W;SW; Section 16)
14-: . Right of way for Smith & Emmos Ditch across said land, as reserved
by Fred N. Smith in Warranty Deed recorded January 18 , 1910 in Book
316 at Page 361, in which the specific location of said right of
way is not defined. (Affects part of N2 NWa Section 21)
15. Oil, Gas and Mineral Lease between Harold A. Ohmie and Maxime Ohmie,
Lessors, and Robert A. Shaw, Lessee, for a primary term of 5 years,
recorded December 29 , 1970 in Book 638 as Reception No. 1559654 ,
and any and all assignments thereof or interests therein.
(Affects Parcel C)
FOR USE WITH COLORADO NEC AMERICAN LAND 11 ILE ASSOCIATION LOAN PC 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REC I AMERICAN LAND TITLE ASSOCIATION OWNER'S^•ILICY-FARM 8-1570 (AMENDED 10-17-70)
SCHEDULE B—Continued
Extension of the above Lease as Claimed by affidavit, pursuant
to 1973 Colorado Revised Statutes, 38-42-106 , recorded by Amoco
Production Company on September 29, 1975 in Book 749 as Reception
No. 1670959.
16. Oil, Gas and Mineral Lease between E. Max Serafini and Doris Ann
Serafini, Lessors , and Robert A. Shaw, Lessee, for a primary term
of 5 years , recorded January 15, 1971 in Book 639 as Reception No. :
1560549, and any and all assignments thereof or interests therein.
(Affects Parcel D)
Extension of the above Lease as claimed by affidavit, pursuant
to 1973 Colorado Revised Statutes, 38-42-106 , recorded by Amoco
Production Company on July 11, 1974 in Book 718 as Reception No.
1640379.
17. Deed of Trust from : E. Max Serafini and Doris Ann Serafini
to the Public Trustee of the 'oountyl,of Weld
• :for the 'use of The travelers Insurance Company
to secure $600 ,000.00
dated November 18, 1977
recorded December 6 , 1977 in Book 816 as Reception
No. 1737815 •
a(Affects Parcel C & D)
18: Deed of Trust from: E. Max Serafini and Doris Ann Serafini
to the Public Trustee of the County of Weld
for the use of The Travelers Insurance Company
to secure $1, 015 , 000 . 00
dated October 31, 1980
recorded November 3, 1980 in Book 919 as
Reception No. 1840522
(Affects Parcels A, C & D)
19 .
Right of way for continuous flow of the Boulder Creek and the
Idaho Creek.
Continued from Back of Front Cover
5. OPTIONS,TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall
The Company shall have the option to pay or otherwise be deemed a payment under this policy to said insured owner.
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more
the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab-
costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the
of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if
ant and authorized by the Company. the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent
to Date of Policy, unless a liability or value has otherwise
(a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and
in no case exceed the least of: the insured at the time of the issuance of this policy and
(i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement
(ii) the amount of insurance in Schedule A. attached hereto.
(b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under
costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company
shall be subrogated to and be entitled to all rights and reme-
(c) When liability has been definitely fixed in accordance dies which such insured claimant would have had against any
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter. person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect
No claim shall arise or be maintained under this policy such right of subrogation and shall permit the Company to
(a) if the Company, after having received notice of an alleged liti the name of such insured righ claimantorem in any transaction or
defect, lien or encumbrance insured against hereunder, by does not on involvingloss such such s ed claimant,ai . f the payment
litigation or otherwise, removes such defect, lien or encum- does cover the of such insured the Company
brance or establishes the title, as insured, within a reasonable shall be subrogated to such rights and remedies in the pro-
time after receipt of such notice; (b) in the event of litigation portion which said payment bears to the amount of said loss.
until there has been a final determination by a court of com- If loss should result o from any act of such insured claimant,
petent jurisdiction, and disposition of all appeals therefrom, such act shall bell not void ie this policy, but the partCo of anyny, in that
adverse to the title. as insured, as provided in paragraph 3 event,t gast rehquired to which c only that of losses
if
hereof; or (c) for liability voluntarily assumed by an insured insured to itht Company
by shall the eheeed the impairmentam of e
in settling any claim or suit without prior written consent of any, lost the Company reason of of the
the Company. right of subrogation.
8. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
All payments under this policy, except payments made for
instruments, if any, attached hereto by the Company is the
costs, attorneys' fees and expenses, shall reduce the amount
entire policy and contract between the insured and the
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless company.
the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on
loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to
the Company. the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and conditions
9. LIABILITY NONCUMULATIVE and stipulations of this policy.
No amendment of or endorsement to this policy can be
It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto
under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secretary,
pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized
shown or referred to in Schedule B hereof which is a lien on signatory of the Company.
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any
policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company
ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company,
be payable hereunder to the insured owner of the estate or P. O. Box 605, Denver, Colorado 80201.
Hello