HomeMy WebLinkAbout962056.tiff •.-
WARRANTY DEED TO CORPORATION
THIS DEED Made this 14th day of February, 1996, between
WILBERT W. FIRESTIEN and M. RUTH FIRESTIEN of the County of Weld
and State of Colorado, parties of the first part and Grantors, and
HALL-IRWIN CONSTRUCTION CO. , a Colorado corporation, party of the
second part and Grantee, whose legal address is 3026-4th Avenue,
Greeley, CO 80631
WITNESSETH, That the said parties of the first part, for and
in consideration of the sum of Ten Dollars and other good and
valuable considerations, to the said parties of the first part in
hand paid by the said party of the second part, the receipt whereof
is hereby confessed and acknowledged, have granted, bargained, sold
and conveyed, and by these presents do grant, bargain, sell, convey
and confirm unto the said party of the second part, its successors
and assigns forever, all of the following described parcel of land,
situate, lying and being in the County of Weld and State of
Colorado, to-wit:
A tract of land located in the NE1/4 of
Section 31 and the S1/2 of the SE1/4 of
Section 30, all in Township 6 North, Range 66
West of the 6th P.M. , County of Weld, State of
Colorado and being part of that tract of land
recorded January 21, 1985 in Book 1056 as
Reception No. 1995868, and being more
particularly described as follows:
Commencing at the Northeast corner of said
Section 31 and considering the East line of
said NE1/4 to bear South 01°20 ' 22" West, and
with all other bearings contained herein
relative thereto;
thence South 01°20'22" West, 630. 55 feet along
said East line to the True Point of Beginning;
thence South 01°20 ' 22" West, 1719 . 17 feet,
continuing along said East line to the
centerline of the Cache La Poudre River from
which point the East quarter corner of said
Section 31 bears South 01°20 ' 22" West, 300. 65
feet;
thence along said centerline by the following
8 courses:
1) North 49°21 ' 03" West, 259 . 84 feet;
2) North 43°29 ' 31" West, 537 . 64 feet;
3) South 88°49 ' 43" West, 159 .80 feet;
4) South 71°00 ' 28" West, 418. 35 feet;
5) North 87°39 ' 23" West, 227 . 27 feet;
6) North 71°51 ' 41" West, 19 . 92 feet;
7) North 02°28 ' 54" Eat, 48 . 80 feet;
8) North 76°01 ' 29" West, 1396. 26 feet to the
West line of said NE1/4 ;
thence North 03°37 ' 22" East, 130 . 00 feet along
said West line to the Southwest corner of the
N1/2 of the NE1/4 of said Section 31;
thence North 03°37 '22" East, 1326 . 81 feet
continuing along said West line to the North
Quarter corner of said Section 31;
thence North 02°05 ' 04" East, 1043 . 41 feet along
the West line of said SE1/4 of Section 30; ‘ y
thence South 78°24 ' 56" East, 629. 63 feet; i
thence South 71°18 ' 31" East, 846. 04 feet; (
thence South 03°05 ' 34" West, 606. 88 feet to the
South line of said SE1/4 ;
thence North 88°25 ' 28" East, 861. 42 feet along
said South line;
thence South 02 ' 20' 36" West, 583 . 48 feet;
thence South 84°54 ' 48" East, 410. 82 feet to the
True Point of Beginning,
962056
TOGETHER WITH 7 shares of the capital stock of The Whitney
Irrigation Company.
SUBJECT, HOWEVER, to the following:
1. 1996 real estate taxes due and payable in 1997 , which
taxes are to be paid by Grantors.
2 . Rights of way or other easements as granted or reserved r
by instruments of record.or ac now cxioting on said premises. LA)t'U
3 . Any and all reservations, limitations, conditions and
exceptions contained in instruments of record which in any way
relate to or burden the above described premises.
4 . Irrigated Farm Lease dated February 23 , 1993 entered into
by Wilbert W. Firestien and M. Ruth Firestien as Landlords and
Gerald Firestien and Mark Firestien as Tenants, covering the above
described property for the initial term of January 1, 1993 to
December 31, 1993 and thereafter carried forward verbally on a year
to year basis and effective for the year 1996, excepting and
reserving to the Grantors herein the 1996 farm crop to be produced
on the above described premises, subject to the terms of the
existing farm lease as hereinabove described.
5 . Excepting and reserving to the Grantors herein the
existing Shark's Tooth domestic water pipeline as now located,
together with reasonable rights of access thereof by the grantors,
their agents, heirs, legal representatives, successors and assigns
for purposes of maintenance, repair and replacement thereof. In
event the easement and the domestic water pipeline as now
constructed shall interfere with or obstruct the contemplated sand
and gravel operations of the grantee herein, the grantee shall have
the right to relocate the easement and the domestic water pipeline
to another location suitable and satisfactory to the grantors in
order for the grantors to receive and obtain said water and water
service in a quantity and quality equal to or better than its
present status, with the costs of relocation of the domestic water
pipeline to be borne solely by the grantees herein.
6 . Reservation of right of proprietor of any penetrating vein
or lode to extract his ore, as contained in U.S. Patent recorded
December 2, 1886 in Book 34 at page 307 of the Weld County records.
7 . Right of way, whether in fee or easement only, for
railroad, as granted to The Greeley, Salt Lake and Pacific"'Flailroad
Company by instrument recorded December 10, 1881 in Book 31 at page
473 of the Weld County records.
8 . Right of way, whether in fee or easement only, for the
extension of The Whitney Ditch as granted to The Whitney Irrigation
Ditch Company by instrument recorded March 18, 1911 in Book 359 at
page 191 of the Weld County records.
9 . Liquor restrictions, which contain a forfeiture or
reverter clause, which provide that intoxicating liquors shall
never be manufactured, sold or otherwise disposed of, as a
beverage, in any place of public resort in or upon the premises,
or any part thereof, as disclosed in instruments recorded June 9,
1871 in Book 4 at page 228 and March 6, 1872 in Book 4 at page 447
of the Weld County records.
10. Right of way for railroad, 200 feet in width, as reserved
by The Denver Pacific Railway and Telegraph Company in deed
recorded April 29, 1870 in Book 1 at page 549 of the Weld County
records.
11. Reservation of right of proprietor of any penetrating
vein or lode to extract his ore, as contained in U.S. Patents
recorded August 28, 1875 in Book 20 at page 23 and January 14 , 1876
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962056
in Book 20 at page 52 of the Weld County records.
for road
12 . Right of way, whether in fee or easement only,
nly,01 r Book
in
purposes as granted in instrument recorded October 17 ,
163 at page 15 of the Weld County for a 115
13 . Right of way, whether in fee or easement only,
by. transmission u line as granted to the
United ok 1035s of
fpAmerica
12
by instrument recorded December 24 ,
of the Weld County records. and obligations
14 . Terms, agreements, provisions, conditions a
as contained in Agreement to construct a tile drain, as recorded
March 5 , 1945 in Book 1150 at page 439 of the Weld County records.
15. Right of way, whether in fee or easement only, for
pipeline as evidenced by Map of Shark' s Tooth Pipe Line Company
recorded December 21, 1951 in Book 7 of Maps at page 94 of the Weld
County records. for repair
16 . Right of way, whether in fee or easement only,
and maintenance only, as granted to Shark' s Tooth Pipe Line
ge
Company, by instruments recorded May 12 , 19 a 596 of the Weld52 in Book 1330 atopage
595 and May 12 , 1952 in Book 1330 at p g
records.17 . Oil and gas lease dated February 10, 1981, recorded March
Receptionnty
No. 1853041 of the Weld County 24 records 1981 in Book 931 as st1981 he Book 951 as
d
and any interests therein or rights thereunder,
extensions thereof as recorded October 23 , 1991 in Book9 1312 as
Reception No. 1872560 and recorded October 1,
records.
o
Reception Nos. 2264802 and 2264803 of the Weld CountyWilbert
18 . Reserving and excepting to the grantors herein,all oil, gas,
as joint tenants, the above
W. a Firestien ls and M.mineralRu rights gt in, on to and under of
described cre and y, rights of access (which rights
access
property, including g
rights of ingress and egress to and use said
premix shall further id operate ing rights, location and
f pexisting, drilling and operating
use, construction, repair,
existing facilities utilized in connection with said oil, gas
mineral operations, as well as location,
facilities and new facilities,
roadways and pipelines) , excepting therefrom such
replacement and removal of existing
including generally
gravel. aW_ .
minerals generally described as sand and
19 . Right of way, whether in fee or easement only, for an
emergency stream bank erosion protection along the Cache La Poudre
River as granted to the County of Weld by instrument recorded April
22 , 1985 in Book 1066 as Reception No. 2006738 of the Weld County
records.20 one
of way, whether in fee or on Oil ly,
for atone
pipeline, Right appurtenances, as granted to Snyder
n and app 13 , 1995 in Book 1501 as Reception No.
by instrument recorded July records.
2446269 of the Weld County
21. Easement and right of way for Weld County Road 27 along
the easterly portion of the above described property.
22 . Lease, and the terms and conditions thereof, between
Wilbert Firestien, Lessor and Colorado Sportsman' s Recreatio as
nal
Inc. , Lessee, recorded August 3 , 1993 in Book which 1395
lease
Reception lub, Colorado
is No. Lesse therein the Weld County reign assigned Hall-Irwin
Sports to the Lessee nal C , have e, beenassignor, by
Sportsman' s Recreaas°assignee.
Construction Co. ,
with all and singular the hereditaments
and
appurtenances thereunto belonging and
TOGETHER or in anywise appertaining,
remainder and remainders, rents,
the reversion and reversions,
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962055
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, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described, with the appurtenances, unto the said party of the
second part, its successors and assigns forever. And the said
parties of the first part, for themselves, their heirs, personal
representatives, successors and assigns, do covenant, grant,
bargain and agree to and with the said party of the second part,
its successors and assigns, that at the time of the ensealing and
delivery of these presents, they are well seized of the premises
above conveyed, as of good, sure, perfect, absolute and
undefensible estate of inheritance, in law, in fee simple, and have
good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments and encumbrances of whatever kind
or nature soever.
The parties of the first part shall and will WARRANT AND
FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the party of the second part, its
successors and assigns, against all and every person or persons
lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
�w 'W d �
Wilbert W. Firestien•
20.M. Rut Firestien
STATE OF COLORADO )
SS.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 14th
day of February, 1996, by Wilbert W. Firestien and M. Ruth
Firestien.
WITNESS My hand and seal.
My commission expires: //75- 97
Notary Public
DARELLA L ?
BLOCH !
Nom Ica/
‘‘,OF CO_--
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962956
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