The URL can be used to link to this page

Browse Search

Home My WebLink About20002275.tiff EXHIBIT 0 ( _E1ook .e Ocic _�M. on Recorded at _ Recorder __ Reception No. --�--"— afrallOA teed�C I THIS DEED a a COnvevene•al ma Met properly deser,ued oelow,m IS cdd,nq any IMO.ovemen and other •ppu"enances tine property l Iron me rnde,dua49,CO,porsnon Nl.palmerahlp(al.or other snuly(esl names below..GRANTOR to Ine,murduags l or emrly(resl named hereby b s as GRANTEE. GRANTOR warrants Atte to the me GRANTOR sells and consign+I"e usbs led y me tta GRANTEE ea of Intl deed.and wmcn me GRANT E E will par Rt any easement,except or III me Irmo.Inc:agora (3)t property r g mineral rights-Ol-war shown of ucord(3)-anypeent reservations and eacepoons Ph any outstanding as mimesis snown of recede(5) any pi Olean+•covenants and tesmchpm shown of record.and(6)any aodaronal matins shown oamw under-Addemner warranty Esupuonf The Specific Terms of This Deed Ate: oflbe o. mno..a to ra..5a,wmg.u.a rrvn,s 10..n r reels,end piece's,al w .nee.rl Me 1005155 front°.a Mining in GIan IDr: giantnom ' and wale. ° qumo,5 a w5moa a 83rd JOINT VENTURE, 131 N. 35th Avenue, Greeley, CD 80634 • Grantee: IG..e n5 55(51 and acor.ntnl lea•mere II address.maiming..ar4m.teed w wises number.n,equned, I TALL-IRWI❑ CONSTRUCTION COMPANY, 3026 4th Avenue, Greeley, TO 80631 Form DI Co-Ownso Np: •or*ne..named.her mil ere considered w lake es lenenn incammon unmet m n n e tends to,Of tam enarcyV°r words et he urea meaning ism adage in me w.ce below I nce.de.. d nom.I Properly Oef crlpllon: �� u"'r•" and All that part of the Northeast Quarter of the Southeast Quarter (11F.1/4 501/4) all that part of the Southeast Quarter of the Northeast Quarter (5F1/4 ❑F1/4) of said Suction Thirty-one (31) , which lies South of the Cache La Poudre River, all in Township Six (6) North, of Range Sixty-six (66) nest of the Sixth (hCII) Principal Meridian, County of Weld, State of Colorado. O III 1J Property Address: _ Consideration: 11,'e sl.un+.r oil a clonal manl amount Ma to Cm.is,epabwwbesmerahle anal d uerie„dad ma be pawned anima5h.s Conan/In rotn ciaoOther valuable consideration and Ten and.no/100ths Dollars ($10.00) . 1, Reurwllonn Realrleflonf: dl the GRANTOR inanesle,.s.rre any mates,inIrpmN,lr el mercenary reo5 tan he awns.Or el One GRANTOR •Ictmo Ms GRANIEE'S apa in me pmNnr.meal IMODnau dgaare"I a_ Grantor reserves unto Grantor all interest that Grantor nay have in and to any is t ti gas or other hydorcarbon minerals lying on or beneath said property. o Y Exceptions: wing awn. n Additional Warrant Eace Ilons: nrlcwao d..d+ol uua ben assumed and onset Malfeasant1990 gibe twees Grantor as upSubject to that certain Farm Lease dated February 1, 1 990, for a period of one (17 Tv' Lessor and Dennis Page, d/b/a A. H. LeBeau 6 Sons, 31, 1991. year commencing February 1, 1990 and ending ,January o ^ 5 90fannedby it..Grantor on Apr `M1 AwociPlaw synel5,re Claw.la wM,Ou.Na1'� %Manakin Clause NM Competition.PonaaaIW w 83rd JOINT VLtITURF. ASSOCIallOn rjn5d a Ge Iw Cwpwa. Penn eWpnn eWpa r G:anw BY ^/ n� / al 1 C.E1 p'•P� O,uaw Du, ll It. 11LAe� AsuJ. f i ATEOE-FOLORADD, . • I set. • WC1D 1 April .5e y0 COUNTY OF.: -r 25th as a . TM beer "s,mq'51 ent.a s anw,.dp•d below ma Mn ':ay'_'_CAht"jr' HILL, 4R., joint venturer of 83rd JOINT VENTURE. x.07. LL7 My NE%Sl Ye**Parrh r'da.240/93 O 93 P"r� Yy.a,W ... ..4 r I+wIaY STATEOP.n.......... I s•. COUNTY El1< 1171)ID. 1 do a Apr'i 1 Th 1 fCpu•^V•o;iernne,.,-,.acawweao•e Delete MS Iwo ..S Lb Z0QQ-22 7� 00-1 OORIJTIti..h1. CID.ANDA, joint venturer of 83rd JOINT VENTURE.nert 1'"imrinanrua Gransloreir s,a CreG:NDwa,)p p.rMhip. r ice's as inorrtlao)04 .a5c,eIon p.eumre N•(miaow and Sae,.ea.vw a.•vaunt.aeug N cd,osnuun,d u Nnw.ga of pns•san.w 55 awmmaw mamunl•1 a — /1„,..:, 2) if 2-e.H LEGAL DESCRIPTION A tract of land being the northeast quarter of the southeast quarter and all that part of the southeast quarter of the northeast quarter of said Section 31 , which lies South cf the Cache La Poudre River , all in Township 6 North , Range 66 West of the 6th Principal Meridian , County of Weld , State of Colorado and being more particularly described as follows : Commencing at the northeast corner of said Section 31 and considering the East line of said Section 31 to bear South 01` 20 ' 22" West , with all other bearings contained herein being relative thereto ; Thence South 01° 20 ' 22" West, 2349 . 72 feet to the true point of beginning ; Thence South 01° 20 ' 22" West, 1625 . 83 feet to the southeast corner of said northeast quarter of the southeast quarter ; Thence south 88` 33 ' 23" West , 1421 . 84 feet to the southwest corner of said northeast quarter of the southeast quarter ; Thence North 020 28 ' 54" East, 2098 . 57 feet to a point on the South Bank of the Cache La Poudre River; Thence easterly along said South Bank by the following six ( 6 ) courses : South 71° 51 ' 41" East, 19 . 92 feet; South 87° 39 ' 23" East, 227 . 27 feet; North 71° 00 ' 28" East , 418 . 35 feet; North 88` 49 ' 43" East, 159 . 80 feet; South 43° 29 ' 31" East , 537 . 64 feet; South 49° 21 '03" East, 259 . 84 feet to the true point of beginning ; Said tract of land contains 65. 408 acres , more or less , and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. EXHIBIT Is DONALD Carron -TRAILLEA.WPD Sae 1 LEGAL DESCRIPTION A tract of land being the northeast quarter of the southeast quarter and all that part of the southeast quarter of the northeast quarter of Section 31, which lies South of the Cache-la-Poudre River, all in Township 6 North, Range 66 West of the 6th Principal Meridian, County of Weld. State of Colorado, and being more particularly described as follows: Commencing at the northeast corner of said Section 31 and considering the East line of said Section 31 to bear South 01° 20' 22" West, with all other bearings contained herein being relative thereto; / Thence South 01° 20'22" West, 3475.55 feet to the True Point of Beginning; Thence South 01° 20'22" West, 500.00 feet to the southeast corner of said northeast quarter of the southeast quarter; Thence South 88° 33' 23" West, 1421.84 feet to the southwest corner of said northeast quarter of the southeast quarter; Thence North 02° 28' 54" East, 500.00 feet; Thence North 88° 33' 23" East, 1421.84 feet to the True Point of Beginning; Said tract of land contains 16.32 acres,more or less. N-"WPITLES\DEEDS\TnIIlearn pd EXHIBIT 0 Source' of Legal Right to Enter Hall-Irwin Construction Company aas purchased the land where th mining operation is proposed . Enclosed is a copy of the Warrant'! Deed . EXHIBIT P Owner of Record and Mineral Rights The owner of record is Hall-Irwin Construction Company . The sand and gravel resource is owned by Hall-Irwin Cons .sructios Company and the oil, gas , and minerals lease is neLl b' Associates , Ltd. EXHIBIT c Municipalities Within Two Miles There are no municipalities within two miles of the site . • RESOLUTION RE: APPROVE 30-YEAR LEASE AGREEMENT FOR SAND, GRAVEL, • NID AGGREGATE WITH HALL-IRWIN CONSTRUCTION COMPANY AND AUTHO R r Z7 CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County is in need of sand, gravel, and aggregate for the construction of County Roads, and WHEREAS, a Lease Agreement for Sand, Gravel, and Aggregate has been presented to the Board, said Agreement being with Hall-Irwin Construction Company who owns certain property described as follows : All that part of the Northeast Quarter of the Southeast. Quarter and all that part of the Southeast Quarter of the Northeast Quarter of Section 31 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying South of the Cache LaPoudre River, being 65 acres more or less . WHEREAS , after review, the Board deems it advisable tc approve said Lease Agreement which is for a period of 30 '.eLrs , with the further terms and conditions being as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the Lease Agreement for Sand, Gravel, and Aggregate with Hall-Irwin Ccnstruc'.icr Company be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be , and hereby is, authorized to sign said Lease Agreement. .� �r� G�� %.�i•:.wti;. - "i{ t�• 903333 Page 2 RE : LEASE AGREEMENT - HALL-IRWIN CONSTRUCTION COMPANY The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D . , 1990 . L""� y BOAR OF COUNTY COMMISSIONERS ATTEST: I 1 A. I• WEL OUNTY, CO ORADO Weld County _erk and Recorder and Clerk to the Board Gene R. Bran ner, Chairman - B- _,\ 47iit-v4_( Q H / ,__,i icy George tennedy, Pro Deputy CountylClerk r __ APPROVED AS TO FORM: onstanceL_ Harbert __ C. . Klr >-eounty Attorney 900_.33 RESOLUTION RE: APPROVE AGREEMENT FOR DONATION OF RIGHTS-OF-WAY FOR POUDRE RIVER TRAIL WITH HALL-IRWIN CONSTRUCTION COMPANY AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Donation of RigntE- of-Way for the Poudre River Trail between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Hall-Irwin Construction Company, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Donation of Rights-of-Way for the Poudre River Trail between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Hall-Irwin Construction Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be. and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adop.ed by the following vote on the 4th day of August, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: EU% /Georg E. Baxter, Chair jV Weld ntFpq�� the :o8 189 �nS sT � �o staece H , Pr em BY: �► a�_ . - Dale K Hall APPROV AS • ORM: EXCUSED Barbara J. Kirkmeyer ,� �' unty Attor 6f) � 'l/lV i�—_ W. H. Webster 971695 BCC'024 (1 C : e6Lz-,, t7iLLL- /Ttu 1 n ; CA 7,4.) 5r) i AGREEMENT FOR DONATION OF PROPERTY TO POUDRE RIVER TRAIL EDUCATION BOARD THIS AGREEMENT is made this 31st day of .July, 1997 by and between Hall-Irwin Construction Co., a Colorado corporation, whose address is 3026 4th Street, Greeley, Colorado 8063;., hereinafter referred to as "Hall-Irwin," and the Poudre River Trail Education Board, a Colorado non-profit corporation, whose address is UNC Laboratory School, Bishop Lear Drive, Greeley, Colorado 80639, hereinafter referred to as "Education Board." WITNESSETH: WHEREAS, Education Board desires to establish a center for interdisciplinary learning that will focus on the importance of history, science, economics, and aesthetics of the Cache la Poudre River Corridor, to be referred to as "The Poudre Learning Center," and WHEREAS,Education Board is in need of property lying close to the Cache la Poudre River where The Poudre Learning Center shall be located, and WHEREAS,Hall-Irwin owns the property described in the attached Exhibit"A,"hereinafter referred to as "Property," portions of which are subject to a mining lease with Weld County, Colorado, and easements owned by Central Colorado Water Conservancy District, and WHEREAS, Hall-Irwin wishes to donate the entirety of Property to Education Board for use by Education Board as The Poudre Learning Center. NOW, THEREFORE, the parties herein agree as follows: 1. Hall-Irwin agrees to donate to Education Board the entirety of Property. 2. Hall-Irwin agrees to grant the Property to Education Board by Quit Claim Deed, free and clear of all encumbrances, but subject to the terms and conditions set forth in the "L ease Agreement for Sand, Gravel, and Aggregate," by and between Hall-Irwin and Weld County, Colorado, dated April 16, 1990, and recorded at Book 1266, Reception Number 2216105, in the records of the Weld County Clerk and Recorder on June 6, 1990. Education Board acknowledges that Weld County has a continuing right to mine sand, gravel, and aggregate on the Property in accordance with the terms and conditions of said Lease Agreement. Hall- Irwinthereby assigns all of its right, title, interest, requirements and responsibilities in said Lease Agreement to Education Board, with the exception of the requirements and responsibilities of Hall-Irwin which are set forth in Paragraph 9. of said Lease Agreement, which Hall-Irwin acknowledges as being personal unto Hall-Irwin. Education Board understands and acknowledges that all royalties or other payments required to be paid to Hall-Irwin pursuant to said Lease Agreement have, as of the date of the signing of this Page 1 of 3 Pages 2564571 8-1622 P-201 03/21/1997 09:02A PG 1 OF 4 REC D0C Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 Agreement, already been paid by Weld County to Hall-Irwin and Education Board shall rave no right to claim any interest in said royalties or other payments. Education Board further acknowledges that the Property is subject to existing easements, as follows: a) Central Colorado Water Conservancy District owns easements on the Property as defined in that Easement Agreement dated March 10, 1995 and recorded in Book 1484, Reception Number 2431130, in the records of the Weld County Clerk and Recorder on March 22, 1995; and b) Central Colorado Water Conservancy District owns easements on the Property as defined in that Easement Agreement dated March 13, 1991, and recorded in Book 1293, Reception Number 2244528, in the records of the Weld County Clerk and Recorder on March 20, 199 Education Board agrees to be bound by all the terms and conditions of said Easement Agreements, and any amendments thereto, as if in the place and stead of Hall-Irwin. 3. I Education Board agrees to pay costs of title insurance and recording fees, if such title insurance is desired by Education Board. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Property shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by Education Board and Hall-Irwin, Education Board, its contractors. agents, employees, and all others deemed necessary by Education Board shall have the irrevocable right to possess and use the Property, with the exception of those areas cf the Property now being mined or to be mined for sand, gravel and aggregate by Weld County. Colorado, including all areas of Property necessary to accomplish the same, pursuant to the terms and conditions of said Lease Agreement. 6. General taxes for the year 1997 for the Property shall be apportioned to the date of delivery of the Quit Claim Deed,based on the most recent levy and the most recent assessment. Hall- Irwin represents and warrants that all general taxes levied prior to such year have been paid in full by Hall-Irwin. 7. The parties agree that the deed transferring the Property to the Education Board shall ccntair; the following language: " . . . for so long as said real property is used by the party of the second part, or another non- profit corporation or government entity, for use only as The Poudre Learning Center, in accordance with the exact terms, conditions, and statements set forth in the document entitled: "Poudre Learning Center Master Plan," as written on the date of this deed. No other Page 2 of 3 Pages 2564571 B-1622 P-201 OHi21i1997 09:02A PG 2 OF uses of said real property shall be permitted. In the event of uses of said real property o*her than as presently specified in the Poudre Learning Center Master Plan, without the prior written consent of the party of the first part, title to said real property shall revert to the Grantor upon reentry." 8. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement; and all rights of action relating to such enforcement, shall be strictly reservec, to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 9. - No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to create a duty of care with respect to any persons not a party to this Agreement. 10. All of the conditions,promises, and covenants stated herein shall be in full force and effect, notwithstanding the conveyance of the Parcel by Quit Claim Deed as outlined herein, and shall not merge with said Quit Claim Deed. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. HALL-IRWIN: BY: p Bret Hall, Vice President, Hall-Irwin Construction Co., a Colorado Corp. r UUDKr. r, v I RAIL EDUCATION BOARD BY: . Ray Tsillard, President killare( Q, roc i-- M:\WPFILES AGREEEFIALLDON.LDM Page 3 of 3 Pages 2564571 B-1622 P-201 08/21 / 1997 09:02A PG 3 OF 4 EXHIBIT "A All that part of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) and all that part of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section Thirty-one (31), which-lies South of the Cache La Poudre River, all in Township Six (6) North, of Range Sixty- six (66) West of the Sixth (6th) Principal Meridian, County of Weld, State of Colorado. M:\W PFQ>ES'AGREE\EXAHALL.D8 2564571 B-1622 P-201 08/21 /1997 09 :02A PG 4 OF e Hello