HomeMy WebLinkAbout991315.tiff LEGAL INSTRUMENT SHOWING APPLICANT'S INTEREST
Attached hereto are executed copies of a Contract to Buy and Sell Real Estate and
Counterproposal showing the Applicant's interest in the property.
EXHIBIT
I
9'91. i'
VACANT LAND/FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
May 23, 1998
I. PARTIES AND PROPERTY. Howard Boatright or assigns. buyer(s)(Buyer), agrees to buy and the undersigned
seller(s)(Seller)agrees to sell on the terms and conditions set forth in this contract,the following described real estate in the County
of Weld,Colorado,to wit:
Northwest Quarter of the Northwest Quarter of Section 32,Township 4 North,Range 65 West of the 6th P.M.
(NW 1/4NW 1/4S32T4N)except that portion containing improvements as described in Paragraph 20 below,
together with all crops growing on the land and all interest of Seller in vacated streets and alleys adjacent thereto;all easements and
other appurtenances thereto,all improvements thereon and all attached fixtures thereon,except as herein excluded(collectively the
Property).
2. INCLUSIONS/EXCLUSIONS.
(a)Water Rights. Purchase price to include the following water rights:Five(5)shares of Barr Lake together with and
including all carrying rights thereto.
The above described included items(Inclusions)to be conveyed by bill of sale,deed or other applicable legal instrument(s)at closing,
free and clear of all taxes,liens and encumbrances,except as provided in Section 12. The following attached fixtures are excluded
from this sale: n/a
3. PURCHASE PRICE AND TERMS. The purchase price shall be One Hundred Thirty-five Thousand Dollars
($135,000.00)payable in U.S. dollars by Buyer as follows:
(a)Earnest Money. Five Thousand Dollars($5,000.00) in the form of Cashiers' Check,as earnest money deposit and
part payment of the purchase price,payable to and held by New Horizons,broker,in its trust account on behalf of both Seller and
Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing.
The balance of One Hundred Thirty Thousand Dollars($130,000.00)(purchase price less earnest money)shall be paid as
follows:
(b)Cash at Closing. One Hundred Thirty Thousand Dollars($130,000.00)plus closing costs, to be paid by Buyer at
closing in funds which comply with all applicable Colorado laws,which include cash,electronic transfer funds, certified check,
savings and loan teller's check,and cashier's check(Good Funds). Subject to the provisions of Section 4,if the existing loan balance
at the time of closing shall be different from the loan balance in Section 3,the adjustment shall be made in Good Funds at closing
or paid as follows:
(c)New Loan. [OMITTED-INAPPLICABLE]
4. FINANCING CONDITIONS AND OBLIGATIONS. [OMITTED-INAPPLICABLE) _
5. APPRAISAL PROVISION. This Section 5 shall apply.
If this Section 5 applies,as indicated above,Buyer shall have the sole option and election to terminate this contract if the
purchase price exceeds the Property's valuation determined by an appraiser engaged by Buyer. The contract shall terminate by Buyer
causing Seller to receive written notice of termination and a copy yfsuc--lr'pp or ttn n9ncy,(' lender` yyhich confirms the
Property's valuation is less than the purchase price,on or bef re /7`j 11 (Appraisal
Deadline). If Seller does not receive such written notice of term non o fore the praisai deadline,Buyer waives any right
to terminate under this section.
6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by
- Buyer.
7. ENCE OF TITLE. Seller shall furnish to Buyer,at Seller's expense,either a current commitment for owner's
title instuany in an amooun3 /}n the purchase price or at Seller's choice,an abstract of title certified to a current date,on
or before-‘44.4-1.4.44.t?t /d /77.45 (Tide Deadline). If a title insurance commitment is furnished,Buyer may require of Seller _
•
•
that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance
commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in
the office of the clerk and recorder of the designated county or counties. The title insurance commitment,together with any copies
of abstracts of instruments furnished pursuant to this Section 8,constitute the title documents(Title Documents). Buyer,or Buyer's
r, i A gnec,must guest Seller,in writing,to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than
/ms c. .2.-6/ �(�� ( /t calendar days after Title Deadline. If Seller furnishes a title insurance commitment,Seller will pay the
premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing.
8. TITLE.
(a) Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of
unmerchantability of title or of any other unsatisfactory Yitle�ondi i shown by the Title Documents or abstract shall be signed by
or on behalf of Buyer and given to Seller on or before '/ 7 ender days after Title Deadline,or within five(5)calendar •
days after receipt by Buyer of any Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment together
with a copy of the Title Document adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s)specified
above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
(b)Matters Not Shown by the Public Records. Seller shall deliver to Buyer,on or before the Title Deadline set forth
in Section 8,true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Buyer all
easements,liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the
right to inspect the Property to determine if any third party(s)has any right in the Property not shown by the public records(such as
an orded easement,unrecorded lease,or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed
1.
by Seller or revealed b h inspection shall be signed by or on behalf of Buyer and given to Seller on or before/06 LG/ZG 7.,7 Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,
of third parties of 4hich uyer has actual knowledge.
(c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
_ PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR
INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT
FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,
EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN
INCREASE IN SUCH MILL LEVIES.
In the event the property is located within a special taxing district and Buyer desires to terminate this contract as a result,
if written notice is given to Seller on or before the date set forth in subsection 9(b),this contract shall then terminate. If Seller does
not receive Buyer's notice by the date specified above,Buyer accepts the effect of the Property's inclusion in such special taxing
district(s)and waives the right to so terminate.
(d)Right to Cure If Seller receives notice of unmerchantability of title or any other unsatisfactory condition(s)as provided
in subsection(a)or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of
closing. If Seller fails to correct said unsatisfactory tide condition(s) on or before the date of closing, this contract shall then
terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said _
unsatisfactory title condition(s). 22�T �//JJ
9. INSPECTION. Seller agrees to provide Buyer on or befora,I1U/ o� /f70 with a Seller's Property
Disclosure form completed by Seller to the best of Seller's current actual knowledge. killyer or'any designee,shall have the right to
have inspection(s)of the physical condition of the Property and Inclusions,at Buy .expense. wri qtice of any unsatisfactory .t
condition,signed by or on behalf of Buyer,is not received by Seller on or befo .0 /7 7 (Objection Deadline), /14.1
the physical condition of the Property and Inclusions shall be deemed to be satisfactortai Bu eL If such noticyarteceived Sellernn jf�
as set forth above,and if Buyer and Seller have not agreed, in writing,to a settlement thereof on or befor /� /775 ,7
(Resolution Deadline),this contract shall terminate three calendar days following the Resolution Deadline;unle ithin the three
calendar days,Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for
and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection.
10. DATE OF CLOSING. The date of closing shall be . 8/ ' or by mu ,amen at an
earlier�j The hour and place of closing I be as designated by —7-it
/tit
G,a, d b Lam_•
II. fri' SFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with
the other terms and provisions hereof Seller shall execute and deliver a good and sufficient General Warranty Deed to Buyer,on
closing,conveying the Property free and clear of all taxes except the general taxes for the year of closing. Title shall be conveyed
free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not;except
(I) distribution utility easements(including cable TV), (ii)those matters reflected by the Title Documents accepted by Buyer in
accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in
accordance with subsection 9(b),(iv)inclusion of the Property within any special taxing district,(v)subject to building and zoning
regulations.
12. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from
the proceeds of this transaction or from any other source.
13. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds,their respective
closing costs and all other items required to be paid at closing,except as otherwise provided herein. Buyer and Seller shall sign and
complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed Two Hundred
Fifty Dollars($250.00)and shall be paid at closing One Half(%v)by Buyer and One Half(%])by Seller.Any sales and use tax that
may accrue because of this transaction shall be paid when due by Seller.
14. PROBATIONS. General taxes for the year of closing,based on the taxes for the calendar year immediately preceding
closing,rents,water and sewer charges,owner's association dues and interest on continuing loan(s),if any,and no other shall be
prorated to date of closing.
15. POSSESSION. Possession of the Property shall be delivered to Buyer as follows/on closing,subject to the following
leases) or tenancy(s): two residential properties to be included in the Recorded Exemption described in Paragraph 20 of this
agreement.. If Seller,after closing,fails to deliver tortgn the date herein specified,Seller shall be subject to eviction and shall
be additionally liable to Buyer for payment of$ . O4' ')er day from the date of agreed possession until possession is
delivered.
16. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract,the Property
and Inclusions shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. In the event
- the Property shall be damaged by fire or other casualty prior to time of closing,in an amount of not more than ten percent of the total
purchase price,Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within
said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer. Should Buyer elect to carry out
this contract despite such damage,Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the
Property and Inclusions,not exceeding,however,the total purchase price. Should any Inclusion(s)or service(s)fail or be damaged
between the date of this contract and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable
for the repair or replacement of such Inclusion(s)or service(s)with a unit of similar size,age and quality,or an equivalent credit,less
any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops,
by fire or other casualty,shall be borne by the party entitled to the growing crops,if any,as provided in Section 2 and such party shall
be entitled to such insurance proreedc or benefits for the growing crops,if any.
17. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money
hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not
performed or waived as herein provided,there shall be the following remedies:
(a)IF BUYER IS IN DEFAULT: (Check one only)
(1)Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and things
of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may
be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific
performance or damages,or both.
O1 ✓ (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and
retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that
such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection (c)) are
SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract Seller expressly
waives the remedies of specific performance and additional damages.
_ (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as canceled,in which case all payments and
things of value received hereunder shall be returned or Buyer may elect to treat this contract as being in full force and effect and Buyer
shall have the right to specific performance,or damages,or both.
(c)COSTS AND EXPENSES. Anything to the contrary herein notwithstanding,in the event of any arbitration or litigation
arising out of this contract,the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including
attorney fees.
18. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract,Buyer and Seller agree that in
the event of any controversy regarding the earnest money and things of value held by broker or closing agent,unless mutual written
instructions are received by the holder of the earnest money and things of value,broker or closing agent shall not be required to take
any action but may await any proceeding,or at broker's or closing agent's option and sole discretion,may interplead all parties and
deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney
fees.
19. ALTERNATIVE DISPUTE RESOLUTION:MEDIATION. If a dispute arises relating to this contract,and is not
resolved, the parties and broker(s)involved in such dispute(Disputants)shall first proceed in good faith to submit the matter to
mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the
event the entire dispute is not resolved within thirty(30)calendar days from the date written notice requesting mediation is sent by
one Disputant to the other(s),the mediation,unless otherwise agreed,shall terminate. This section shall not alter any date in this
contract,unless otherwise agreed.
20. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado
Real Estate Commission.)This Contract is expressly conditioned upon the following:
• a. Seller, at its sole expense, obtaining from Weld County, Colorado, a Recorded Exemption for a parcel of
approximately three(3)acres,situate on Weld County Road 39 and lying south of Weld County Road 40 upon which are
located all existing improvements on the Property. Seller shall apply to Weld County Department of Planning Services
/ Reco Exemptio ansl,�m�pursue the application with diligence and in good faith. If the application is denied
on or efo • or if no action has been taken thereon by the permitting authority before_
this agreement shall be void and all sums deposited by buyer under this agreement shall be
ream ed to purclt cr,
b. Buyer, at its sole expense,obtaining from Weld County,Colorado, a Special Use Permit for an oil and gas
support and service facility on the Property. Buyer shall apply to the Weld County Department of Planning Services for
such Speer ae PermnShall m the application with diligence and in good faith. If the P application r eni on /
� U o bef or if no action has been taken by the permitting authority before./ - 7[}
S is agreement shall be void and all sums deposited by buyer under this agreement shall be turned to
purchaser,and
•
c. Seller providing evidence satisfactory to Buyer that a water tap is available which will provide a supply of water
ofnufficient q ity uantity dependability to serve the
do writ needs of the Prop /.7�
61. iLc c at d(A C 2e 4"-,1 - �^- -r LPL/c`v� i e //-o
21. SELLER'S REPRESENTATIONS REGAPAIN ENVIRONMENTAL MATTERS. (We I guage of these
additional provisions has not been approved by the Colorado Real Estate Commission.) Seller Represents and Warrants that to the
best of Seller's knowledge,as of the date of this Contract and as of the date of Closing:
•
a. during its period of ownership, Seller, its agents and employees complied with all federal, state and local
environmental laws,regulations and policies as such relate to the Property,and seller agrees to indemnify and hold Buyer _
harmless for any loss,including but not limited to,damage to person or property or economic loss,including defense costs,
arising out of any violation of environmental law which occurred during Seller's ownership of the Property,which violation
was rmiced by the knowing or purposeful act or omission of Seller,its agents or employees;and
b. the Property is not a part of a protected wetland.
23. OPTION.
a. In consideration of the sum of Five Thousand Dollars(55,000.00),received front Buyer,Seller grants and gives
to Buyer the exclusive option to purchase,in lieu of the Property,an alternate parcel in the County of Weld,to wit:
East Quarter of the Northwest Quarter of Section 32,Township 4 North,Ranges 65 West
of the 6th P.M.,together with all crops growing on the land,
together with all interest of Seller in vacated shoots and alleys adjacent thereto;all easements and other appurtenances
thereto,all improvements thereonand all attached fixtures thr neon,except as herein excluded(collectively,the Option
/eeta
b. The purchase price to be paid for the Option Property, if Buyer exercises this option, shall be Eighty-five
Thousand Dollars(585,000.00)
c. All terms and conditions concerning the Property as set forth in this agreement shall apply to the Option Property
if Purchaser exercises this option.
d. Buyer may exercise this option up to and including the date of closing only by delivering a written notice signed
by Buyer to Seller.
e. . Seller agrees to deliver to Buyer,at Seller's expense,evidence of title to the Option Property in accordance with
the same terms as Paragraph 7 of this Agreement
f. This option shall expire automatically upon closing on the Property or one month prior to the closing date as set
forth in Paragraph 10 of this Agreement
g. If Buyer does not exercise the option,Seller shall retain the Five Thousand Dollars($5,000.00)paid by Buyer,
free of all Buyer's claims,and neither party shall have any further claims against the other. If the option is exercised,the
sum paid as consideration for this option shall be applied to the purchase price under the terms of this agreement.
22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,Buyer and Seller acknowledge that
the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended
the examination of title and consultation with legal and tax or other counsel before signing this contract
23. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall
be returned and the parties shall be relieved of all obligations hereunder,subject to Section 19.
24. SELLING COMPANY BROKER RELATIONSHIP. The selling broker,New Horizons and Associates,Inc.,and
its sahap..raons have been engaged as Transaction Broker. Selling Company has previously disclosed in writing to the Buyer that
different relationships are available which include buyer agency,seller agency,subagency,or transaction-broker.
25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer.
26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company.
27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall
be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties.
28. ENTIRE AGREEMENT. This contract constitutes the entire contact between the parties relating to the subject
hereof,and any prior agreements pertaining thertto,whether oral or written,have been merged and integrated into this contract
29. NOTICE OF ACCEPTANCE;COUNTERPARTS. This proposal shall expire unless accepted in writing,by
Buyer and Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance on or before May
30, 1998. (Acceptance Deadline). If accepted,this document shall become a contract between Seller and Buyer. A copy of this
document may be executed by each party,separately,and when each party has executed a copy thereof,such copies taken together _
shall be deemed to be a full and complete contract between the parties.
BUYER
Howard Boatright or his igns
Date of Buyers Signature Li - / q 97 c"N a/In4
Buy s A a-
,pt(JQ
SELLER
Date of Sellers Signature
Sellers Address
The undersigned Broker(s)acknowledges receipt of the earnest money deposit specified in Section 3,and Selling company
confirms its Broker Relationship as set forth in Section 24.
Selling Company' N e and Address:
iif-C)
g70•
' Date > O77 — e
Listing Company's Name and Address:
By Date
THIS FORM HAS n4ORTANr LEGAL CONSEQUENCE AND TEE PARTIES SHOULD CONSULT LEGAL AND TAX OR
OTHER COUNSEL BEFORE SIGNING.
COUNTERPROPOSAL
June 03. 1998
RE: Proposed contract to buy and sell the following described real estate in the County of Weld,
Colorado,to wit
NW l/4 NW 1/4 S32T4N RANGE 65 WEST OF THE 6TH P.M.
known as No.Vacant Ground Peckers Street Adds= •
SCity Stitt Zip
dated May 23, 1998 between Mark Strodtman,Seller and Howard Boatright and/or assigns,Buyer.
The undersigned accepts the proposed contract, being the Contract to Buy and Sell Vacant Land
dated 5/23/98, (the "Contract') which is attached hereto and incorporated herein by reference,
subject to the following amendments:
1. This acceptance is subject to the closing on a contract now in place to purchase 320 acres
described as the Northwest Quarter of Section 32 Township 4 North Range 65 West of the
6th P.M. (NW 1/4 S32 T4N R65W of 66 P.M.). Mark Strodtman,the purchaser under said
contract,and the seller herein,shall divide the property into four(4)eighty(80)acre parcels
and shall apply for and obtain from Weld County a Recorded Exemption of three acres from
the parcel described as the NW 1/4 of the NW 1/4 of S32 T4N R65 W of 6s P.M.on which
certain improvements including two homes are located. In the event he is unable to do so,
this contract shall be null and void.
2. Sale price shall be$85,000.00
3. The Date of Closing as set forth in Paragraph 10 of the Contract shall be changed to
September 30, 1998. However,in the event of an automatic extension to the dates set forth
in Paragraph 20.a. and 20.b. (as those dates are amended herein)the closing date shall be
extended to be at least two days after such automatic extension expires.
4. The dates set forth in Paragraph 20.a and 20.b.of the Contract shall be changed to September
16, 1998, with regard to denial of the application and October 8, 1998, with regard to nn
.. • 5d rKOM I:OBB 10;9703523165
• � PAGE 3/3
b. Paragraph "f" shall be amended to include the following: "The
option shall be removed by Boatright on or before July 15, 1998, in
the event he has approval from Weld County for a Use by Special
review on the property described as the NW 1/4NW1/4S32T4NR65W
of 6i°P.M.
7. There shall not be any water rights.
8. There are no oil,gas,or mineral rights with subject property.
All other terms and conditions shall remain the same. This counterproposal shall expire
unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party to this document receives notice of such acceptance on or before Julie 5. 1998. If
accepted, the proposed contract, as amended hereby, shall become a contract between Seller and
Buyer.
SELLER
Mark S tman
BUYE DATE — 9
Howard Boatright
N.B. When this counterproposal form is used,the proposed contract is not to be signed by the Party
initiating this countetpwsal. This counterproposal must be securely attached to said proposed
contract.
Page 2 of 2
• Order No. 8512394
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO • DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The TRANSNATION TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has convedescribed herein since August 30, 1972, and reful search of its the most recent and finds the following recorded prior to Auguances st 30,the 1972 state
LEGAL DESCRIPTION:
The North Half (N1/2) of Section Thirty-two (32) , in Township Four (4)
North, of Range Sixty-five (65) West of the Sixth (6th) P.M. ; together
with all water, water rights, ditches, and laterals, and including
but not by way of limitation 21.71 shares of the capital stock of the
Farmers Reservoir and Irrigation Company; EXCEPTING parcel of land
conveyed to the Farmers Reservoir and Irrigation Company by warranty
deed recorded in Book 478, at page 160, Weld County records;
CONVEYANCES (if none appear, so state):
Reception No. 1538225 .Book 616
Reception No. 1680876 ,Book 759
Book 141/
Reception No. 236495/ gook
Reception No. ,Book
Reception No. Book
Reception No. ,,Book
Reception No. ,Book
Reception No.
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
nor a tle and
This certificateilyfis not SN TI0N5TI constructed
aINSURANCEn Abstract of TitleCOMPANY,is heeby'limited to guarantee he fe paidlfor this
the liability of
Certificate. •
In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to
1/th day of June , 19 98 , at 7:00 A.M.
be signed by its proper officer this
• TRANSNATION TITLE INSURANCE COMPANY
Company
By: t , An-.dn
Authdrized Signature
e
big 0CT 171969 c 3%oleo Pie. r `
o aDpg at
Recanted__ ,lti
a
AtdV SpOM�
_ :_ N Reception No. __?sa$azs___._. __ ._...___.._._, Recorder. 'g' a
T'(,i$ pear, day d September in the 4,'i"'
�llll,,tt Made tai. 16th
T year of our Lord one thousand nine hundred and sixty—nine between
' o, •- --£LOON Le ROY KEYSER and HOPE M. KEYSER
Stag d Colorado...fen ma
Canty of - Weld d
tJ _ d(tha •
OW pert,sad --THOMAS I: MUSICK and WILMA G. MUSICK—
N V of Weld nod Sorts of Colorado, a the me
CO d the CoaW
- Nc WITNIgSZTH:.Tint the mid parties of the first part,for and in consideration of the sum ot
re, DOLLARS,
�t --other good and valuable consideration ndpaidy and ONE HUNDRED whend Is
h e said part des c•toe first part in hand and , the said prides of thon second d.apart the receipt .4
•. hereby confessed and seimowledge4 ha ve (emend, bargained,add and conveyed.sad h1 these Presents b
v I o grant,bargain,sea,convey and confirm onto the.said parties of the second part.to Was sot in tenant;In to�on
i
bat a Iota tenancy,the survivor a them,their assigns and the heirs one omens of such sorvivor forever,as the Id-
o lowing described lot or parcel of had,ahmta,lying and being a the ---_
- o County of Weld and State at Colorado.to-sit`
J $ The North Half (N%) of Section Thirty—two (32), in Township Four (4)
North, of Range Sixty—five (65) West of the Sixth (6th) P.M.; together w S N ,a
water rights, ditches, and laterals, and including B a a'
v with all water, S
but not by way o£ limitation 21.71 shares of the capital stock of the �` ,pq
1 Farmers Reservoir and Irrigation Company; EXCEPTING parcel of land r' max , g
conveyed to the Farmers Reservoir and Irrigation Company by warranty i—.
._. ; deed recorded in Book 478, a page 160, Weld County records; II con
2
I mz a
f Co -"d:
I
TOGETHER with all and singular the hereditamenu and appurtenances thereunto belonging, or it, any wtse
Y
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate,right,title,interest, claim and demand whatsoever of the said parties of the first part,either in
law or equity. of, in and to the above bargained premises,the hereditaments and appurtenances
I. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances unto the o
- - said parties of the second part the survivor of them,their-asskas,_{t lletr hew and assigns of such amvlvor for- N
-_ - ever. And the rid pert les of the first Part for theartelpvaresssihhelN,`₹itecotors„ and administrators. do t�
-a. - - covenant grant, bargain sad agree to and with the rid of the second part, the survivor of them. their
assigns and the heirs and assigns of each survivor,that at the time of the mangling and deaverleg of these presents, .:
they are wen seised of the premises above conveyed,as of good, sere,perfect,absolute end Indefeasible estate _•(_.
of Inheritance.In law,in fee simple,and ha ye good right full power and lawful anthoriy to grant,bargain,
sell sad convq.the same in manner and form aforesaid,and that the same are free and clear trout ill formes and a-
•-f.
other grants, bargains, sales, Seat axes, assessments and incumbrances of whatever Mad or oaten sooner;
SUBJECT TO mineral reservations of record; I
s
t .
, •
id
and •
, athe.above barsained premises in the qukt and peaceable possession of the rid parties d the second part the
survivor a them, their assigns and the heirs and easing of Rath surest«..,.ma c-:'-5 arse,staay pesgan or pesos°.
' lawfully eiaimag or to claim the whole or any part thereof,the said part fes of the first part shall and will
WARRANT AND FOREVER DEFEND.
•
IN WITNESS WHEREOF,the said partiesof the first part have hereunto set their hand s and ---
seals the day and year Hot above written. •
I. Signed, Sealed and Delivered in the Presence d) •t-.-_ 1.4,.,_-id„..,,-widf A) . .....(SEAL) v-I
.e_.a. •_rFfOr9e T'l. heiaYs� 1. o : rata
(SEAL) P
$ g.., [/
d:Q/DtQRADO,l„ The foregoing aetrument wa acknowledged before me this__�L�__-dal d .�
J °f `�' J""' Et-DON Le ROY KEYSER and I o
,,,,v September __ IRO,by.cc i�OA^' ;o e HOPE M KEYSER.
._ _- c i, r Ve`' ? Wlmw My Hand sad Official -
- My Commthion Zees
4rt of L, •
-' ota y Page. _
:kr , �.'
WARRANTY DEED—To Joint Tenants-fa a"—a"^0
p'.... ..
>a
t,ciie:-AK �s FEB 9197 1 F' t .
i, aft
Ln 2� n Recorded at .1 9 .o o doretk..f-.�.-M ++
tisataa I 759 .1£!LT0 L.0 S LEE SHEHE`E, JR. Recorder. Fr+rYr +�•tt��� +.-�
:,a--�-°'7 FX[` I RettPtion No..__
\ I
$Gnaw alt tltten bg these Presents, That)I,_4ffi+___TiL 1S_L.SS,1U1--and
tMERMES
4JIL',4A... ,_MUSICK-,-_husband_and_wife_-_-_ ....
_ ..---_--_ ,City or Town of ___ LaSallff.. ._ _._ -..- --, ` •`
whose street address is.__.._ _ -,
..-.for the
and state o[._ ...Ilo.Lorado.._ _. . _..-._._._ _... -.. iot %,
¢. County of ialtl
other valuable consideration and TEN _`•
.� ,p consideration of T
,__N n I �_,_ Dotlars, le
�t,,.y. :
I �P _
M o I in hand paid,hereby sell(s)and codvey(s)to THOMAS I. wif I, and WILMA in
Commonz R� .�
'., husband and wife, as Tenants in Common
re1.
" whose street address is ,City or Town of..._-.--- asalsa ,
Ilill o Colorado the II ,
u1e1,j and the State of
County of
4.a7nr— in$txi 'field and State of Colorado,
? .t - 1 in the Coen of.
.g} following real propertyCounty ,e,m,a.,•
fr#C o I fiPL�i
wit
- n,ro�TVTC-G'L a subdivision of aSixty-five
art i0
Lot ;even (7), in SPITLER.'Sr n arte^ szwee
_o 4- c .t., ct fewarter (clal/U) of the Northwest�a I „or /4) (2), - North, Range ,,.,„�
? i i .rl;4`, o Section Six (6), Township five (5)
`-- (65' Jest`of tae 6th „`1. , Weld County, Colorado, and L " .LL
i e o,.rt L ; 11/2) of Section Thirty-two (32)> in Township Four
' _ Sixty-five (65) '.Jest of the Sixth P.M. together
II wit all tater,- lr of ,a lerrights, ditches, and laterals, and including
�?.-
i II bu., net by ay of limitation 21.71 shares of the capital stock of the
i e EXCEPTING parcel of land ti5 !!! ",.
Farmers Reservoir and Irrigation Cared I ;
conveyed to the Farmers Reservoir and Irrigation Company by warranty
3 I deed recorded in Loot 473, at page 160, Weld County records. •, �:
II II
ii 60qtriailiiiV
=tea I Ii
m rtzrs of record I I,•r+ ,
` y ' I with all its appurtenances and warrant e sam
s)the title to the,subject to �" I y
jrnit
�� : � ::cwt.
moral I e,a,,. �.
, ,.mow 1
f o .FEU^:13rY
f Signed this Lin day
In the Presence of a
L.=ry 1 ✓ Wag
a�CPn7i�] II ✓ (_�txiy J (�.���LL,Lmt'/..JC,,./ t IS
7 .
I
4
It
,,,^, -
e„�a STATUJTORY ACKNOWLEDGMENT I
"',.r ll STATE OF COLORADO. lt ^'
a sel,2:1 II ';fold I� ',.
County of
9fll> r,re
MO n The foregoing instrument was acknowledged before me this ,
'"` Iarerry
• �• \ . I- .1:,, day of.__ C Clinkar2f 9.76 ISe, Eta,s.i•
61
, ci Q. -- Ey:ja2=_Z._I.A-..L17iaic-_ansl !lnia 0 Music k-s- husband ar .y,attakar;.
wife, and each of them.
en- I •J Witness my hand and officyal seal. _
ticc: O e 9 My commission expires_Z•K4°cr2!cf - IT'2 _ p .
-... Notary Public- I r4°
'i ,tlF I
* ciP'
irg ' IF j t
a
S..- y , I II Inn ALEi f - _- - -" MailingAddre„ ',le'
<'.
'T...= -i II Ia-� l" 'Ce .Fong.rtert eaenmm rteco.o—lNc c v xomnu co o xven xmw L i•:„—m'iS .-
I FORM 166 REV.8-]a WARRANTY DEED— t rt II V
R,'w 1 II a
•
... AR2364957 A 1417 REC 02364951 12/20/93 14:24
F 1742 MARY ANN FEUERSTF.IN CLF.RI( d RECORDER WEI•D CO, co
DEED OF DISTRIBUTION
•
BY PERSONAL REPRESENTATIVE
40,
THIS DEED is made by LILLIAN HELENE PREMER, as Personal (a
Representative of the Estate of Thomas I. Musick, Deceased, Grantor, to WILMA G.
MUSICK, 8860 Weld County Road 39, LaSalle, Colorado 80645, for life, with the
remainder at the time of her death to LILLIAN HELENE PREMER, 5812 W. Freemont
Dr., Littleton, Colorado 80123; ELIZABETH JOYCE NEWLON, 3445 E. Indianola, eh
Phoenix, Arizona 85018; and ELEANOR RUTH CLOUGH, 7551 Rainswept Lane,
San Diego, California 92119, Grantees. 1C
as
WHEREAS, the above-named decedent in his lifetime made and executed his
Last Will and Testament dated February 6, 1976, which will was duly admitted to
informal probate on April 27, 1992, by the District Court in and for the County of Weld l'?
b and State of Colorado, Probate No. 92 PR 115;
• WHEREAS, Grantor was duly appointed Personal Representative of said Estate +t{
on April 27, 1992, and is now qualified and acting in said capacity; and
WHEREAS, Paragraph III of the last Will and Testament of the decedent ra provides as follows: 4,
`rrl+
Ill
'
I give and devise to my wife, Wilma G. Musick, if she survives me,
a Life Estate in and to all interest I may own at my death in and to all real
estate, together with all water rights, for and during her natural life, with
the remainder at the time of her death to my children, Lillian Helene r'
Premer, Elizabeth Joyce Keith and Eleanor Ruth Clough, in equal
•
shares, . . .
tee
Ikf
NOW, THEREFORE, pursuant to the powers conferred upon Grantor by C.R.S.,
15-1-803 and 15.12-907 of the Colorado Probate Code, Grantor sells, conveys,
assigns, transfers and releases to Grantees the following real property in Weld County, tt
Colorado:
It
An undivided one-half (1/2) interest in and to the North Half (N1/2) of
Section Thirty-two (32), Township Four (4) North, Range Sixty-five (65)
West of the 6th P.M., Weld County, Colorado, except a parcel of land
containing 4.66 acres, more or less, conveyed by deed recorded in Book
478 at page 160, Weld County Records, together with 21.71 shares of !I
Farmers Reservoir and Ditch Company- Barr Lake Division.
with all appurtenances.
Executed this 13+1 day of k<'(e mine( , 19 `i 3 ,
7/ /lwn fi,re,/,cG s,sti i>jf/_
Lillian Helene Premer, as Personal
Representative of the Estate of Thomas 4
I. Musick, Deceased
STATE OF COLORADO )
f�. ss. a
COUNTY OF INEL-D �7 fc n o e )
1 � Thegforegoing instrument was acknowledged before me this (3i day ofkt
LY(cv*i��c , 19`5 ., by Lillian Helene Premer, as Personal Representative of tt
the Estate of Thomas I. Musick, Deceased. ir
'1
WITNESS my hand and official spat. If
My Commission expires Ii/7S/93 •
'v' ‘...1). N TARY PUBLIC fi
!Ur `F
My Commission expires Decombor 28,1993
,
Hello