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HomeMy WebLinkAbout992451.tiff µ 1rh?!,' ?tsar,1,z, n Kali"'sate `cziastYLw,fy' ._1 174C777 MARY ANN fELERST! .—I to gppK Reception No. Recorder. na 3? MAR 81978 IRf�91 tV 825 Recorded at ro'clock p .hfcp i Reeerd•vs SUMP THIS DEED, blade this 7th day of February to 78,botwaen Monfort of Colorado, ;nc. ' •corporation duly organized and existing under and dy virtue of the laws' Slate Documentary Fee O. { ofthestateof Delaware of the first art,and, Hoshiko Farms, MAR 8 1978 I{ Inc. , a Colorado corporation, Rte.1, Box 108, r RN r- Kersey, Colorado, 80644 g'•"""��I"'�� ° J of the County of Weld and Statilot. S Colorado of the second part: r— ° r-i WITNESSETH,That the said party of the first part,for end in consideration of the mom of e Ten Dollars ($10.00) and other good and valuable consideratlialk$4, h to the maid party of the first part in hand paid by the said party of the second pert,the receipt whereof bHero- *� bya confessed end acknowledged,bath granted,bargalmad,sold and conveyed,and by these pnmante Both grant,ban J Y?:e ti I gain,sal!,convey and confirm onto the maid party of the second part,its succee and coign,fen tv ever, ail of the following described OD dJ1M of land,aiLuaLe,lying and s I%`�h�he 'pII a ! County of Weld and State of Colorado,to wit: �1➢R _4 That part of the West Half of the Northwest Quarter (Wit NWk) , o °'= I Section twenty-nine (29) lying East of Highway 85, Weld County, co Colorado, all said above-described property lying in township Six jI ".reIc. (6) North, Range Sixty-five (65) West of the Sixth Principal ' _e _ Meridian, together with five (5) shares of the capital stock of the ' Y - New Cache La Poudre Irrigating Company and eight (8) shares of the capital stock of the Cache La Poudre Reservoir Company. Together with all easements from the Rinks and Free Church Laterals r`. presently used to transport irrigation water to the above described i it premises: 'V CI- TOGETHER TOGETHER with all and singular the h•reditamenh and appurtenances thereunto belonging, or In anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title,interest, claim and demand whatsoever of the said party of the first part,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 ahem bargained and described,with the appurtenances unto the 'i,• said party of the second part, its succe 53 and forever.And the said Monfort of 5' Colorado, Inc. party of the first part,for Itself, ,(t1, and its successors,doth covenant,grant,bargain,andlgreo to and with Lie said party of the second part, • is successorsI* *land assigns, that at the time of the eneealiing and delivery of these presents it is well d seized of the premises above conveyed,as of a good,sure,perfect,absolute and indefeasible estate of Inheritance,in law,In fee simple,and bath good right,full power and lawful.authority to grant,bargain,sell and convey the same in manner and form aforowdd,and that the sane are free and clear from all former and other granta, bargains, sales,liens,taxes.aa.eeamenta and Incumbrences of whatever kind or nature soever; .• ,� Excepting from the above-conveyed property, those parcels heretofor conveyed by instruments recorded in the Office of the County Clerk ll ,� and Recorder of Wed County, Colorado, to the Department of Highways, State of Colorado, and to Weld County, Colorado, and subje t ,to,.a);.1 easements, rights-of-way, and reservations of record. n 1:ailklee above bargained premises in the quiet and peaceable possession of the said party of the second part �� g`„'r. �t"'sVc 'a5{{O r GEES and assigns,agsinat all and every person or persons lawfully claiming or to claim the whole 7,yyy ''' or any piththereof,the said party of the first part shell and will WARRANT AN FOREVER DEFEND. t C1F0.ly}EU1 sS WHEREOF,The said party of the first park/hath caused Its corporate name to be hereunto • ' .` o ! idbserit;ed;by,i Vice— President,and its corporate seal to be hereunto affixed.attested by its Assistant e '; i .'1"�9e9npn.f y y and year tint above written. iSI r l bA(teitA ; : O// // MONFO RT OF COLORADO, IN '..;, ,. . ..A•,r.Sacre>�. en,.,.w. ,,. . t,7 ... . .. •.. .. seat rvwuest .. Thapp OF COLORADO, e h tee:::._+...�/,,,\punty oi._.W£la._.___) r Li)t 0e t Q �Lil/tggo(lionfilrument war acknowledged before me this 7th day of February (IB,, -AO" 1 C. !lank Brown as Vice President and i • 'rll \\ /C .' Clark E. Weaver as Ass t. Secretary of ,i�' J•'• ' �� Monfort of Colorado, Inc. •corporation. — 0 4tc�..........; ay notarial commission tapirs 1.I/1/80 C e C'"';,..•' hand and official seal. Wlteees my n .. { t ._ 7.s.4�C i� /r/..z Z.:r.:r..`.:t�re.C..Nsn RY4 I ei EXHIBIT No.call waszann peED'-C.muNe.-nrnlfm,I Putluhly Co.,1,54.4e own anti.Denim Colorado-r-+. I 992451 MILLER ArTD RUYLL- ATTORNEYS AND COUNSELORS AT LAW TELEPHONE NO.362-9667 DAVID J. MILLE R•ROBERT A.RUVLE 1004 A NINTH AVE. P.0.BOX 749 GREELEY, COLORADO 8O631 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 (WINW4) and that part of the Northwest Quarter of the Southwest Quarter (NW3SW4) described as follows: Beginning at a point formed by the corner of the southerly line of the Southwest Quarter of the Northwest Quarter (SW+NWe) and the northerly line of the Northwest Quarter of the Southwest Quarter (NWIISW4) , running thence in a southerly direction and along the westerly line of the said Northwest Quarter Southwest Quarter (NW*SW*) , 200 feet, thence in an easterly direction and parallel with the southerly line of the Southwest Quarter Northwest Quarter (SW*NW4) , 348 feet, and thence in a northerly direction and parallel with the westerly line of said Southwest Quarter , (SW*) , 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 Benjamin C . Rienks , deceased entered by the Weld County District Court on October 16 , 1951 and recorded October 17 , 1951 in Book 1314 at page 205 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 (W4) 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 1° 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° 331 West a distance of 2575. 4 feet to a point on 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 feet ; 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 or less, to the point of beginning. The owner reserved for driveway purposes a strip of land 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 No. 116) . 7 . The property is subject to a right-of-way for • the 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 (WiNW1) 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 the same is now located and used by the Free Church Lateral 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 all 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 has 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 in Section Twenty-nine (29) is covered by the Seeley 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 Map 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 PURCHASE: 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 person 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 omission by either the county assessor or the county treasurer, it is suggested that you secure from the county treasurer a certificate of taxes due. Such a 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, Robert A. Ruyle RAR/cc Hello