HomeMy WebLinkAbout20252880.tiffHT(
Heritage
Title Company
Date:
File No.:
Buyer(s)/Borrower(s):
Property:
Assessor Parcel No.:
March 21, 2025
459-HS0843382-416
Guttersen Ranches LLC
None shown, Weld County, CO
121728000003
7251 W 20th St Building L, #100
Greeley, CO 80634
Phone: 970-330-4522 / Fax: 866-828-0844
PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING
INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE
OF THIS COMMITMENT.
To: Witwer, Oldenburg, Barry & Groom, LLP
822 7th St.
Ste. 760
Greeley, CO 80631
Attn: Patrick Groom
Phone: 970-352-3161
Fax: 970-352-3165
Email: pgroom@wobjlaw.com
END OF TRANSMITTAL
Title Transmittal Printed: 03.21.25 @ 12:27 PM by V
COD1101.doc / Updated: 04.29.22 Page 1
C O -C W- F FA H -01610.114165-H S 0843382
CLTA CHAIN OF TITLE GUARANTEE
Guarantee Number:
Issued By:
ro Commonwealth"
LAND TITLE INSURANCE COMPANY
HS0843382
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee against actual monetary loss or damage not exceeding the liability
amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in
Schedule A.
Heritage Title Company - NoCo Region
7251 W 20th St Building L, #100
Greeley, CO 80634
Countersigned By:
/1441
Terry N. Williams
Authorized Officer or Agent
/VEBRAS\Ll'k
Commonwealth Land Title Insurance
Company
By:
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
CLTA Chain of Title (06/06/1992) Printed: 03.21.25 @ 12:27 PM
Page 2 CO-CW-FFAH-01610.114165-SPS-0-25-HS0843382
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company
for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines,
denial of insurance, and civil damages. Any insurance company or agent of an insurance company who
knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department
of regulatory agencies.
C. R. S. A. § 10-1-128 (6)(a).
Anti -Fraud Claim Statement Printed: 03.21.25 @ 12:27 PM
Page 3 CO-CW-FFAH-01610.114165-SPS-0-25-HS0843382
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
GUARANTEE NO. HS0843382
ISSUING OFFICE:
Heritage Title Company - NoCo Region
7251 W 20th St Building L, #100
Greeley, CO 80634
Main Phone: 970-330-4522
SCHEDULE A
Liability
Fee
Title Officer
$140.00
$140.00
Lynn Vance
1. Name of Assured: Witwer, Oldenburg, Barry & Groom, LLP
2. Date of Guarantee: March 18, 2025 at 12:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matters relating
to the interest, if any, which was acquired by
Guttersen Ranches LLC, a Colorado Limited Liability Company
pursuant to a Bargain and Sale Deed recorded August 16, 1999 at Reception No. 2714218
in and to the land described as follows:
TOWNSHIP THREE NORTH (T 3 N), RANGE SIXTY-THREE (R 63 W) SIXTH PRINCIPAL MERIDIAN
(6TH P.M.), WELD COUNTY, COLORADO
Section Twenty-eight (Sec. 28) SW4
Only the following instruments conveying title appear in such records subsequent to December 7, 1993:
Reception No. 2362992
Reception No. 2363903
Reception No. 2714218
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto.
END OF SCHEDULE A
CLTA Chain of Title (06/06/1992) Printed: 03.21.25 @ 12:27 PM
Page 4 CO-CW-FFAH-01610.114165-SPS-0-25-HS0843382
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0843382
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage
by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency
which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by
the records of the taxing authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or
title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or
damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly
described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which
such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or
potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule A and improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable
by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of
any allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as
limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any
appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice
(subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company
may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall
secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the
Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured
to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate.
CLTA Chain of Title (06/06/1992) Printed: 03.21.25 @ 12:27 PM
Page 5 CO-CW-FFAH-01610.114165-SPS-0-25-HS0843382
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0843382
(continued)
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of
loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain
the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the
basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the
Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized
representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to
the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of
a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said
lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which
were authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In
the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner
of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the
purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to
continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee,
together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the
time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to
continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. DETERMINATION AND EXTENT OF LIABILITY
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered
loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of
these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured
against by this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to
any defect, lien or encumbrance assured against by this Guarantee.
8. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or
suit without the prior written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the
amount of liability pro tanto.
CLTA Chain of Title (06/06/1992) Printed: 03.21.25 @ 12:27 PM
Page 6 CO-CW-FFAH-01610.114165-SPS-0-25-HS0843382
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0843382
(continued)
10. PAYMENT OF LOSS
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or
destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property
in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
12. ARBITRATION
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Land Title Association.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to
this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is One Million And No/100 Dollars ($1,000,000) or less shall be arbitrated at the option of either the
Company or the Assured. All arbitrable matters when the amount of liability is in excess of One Million And No/100 Dollars ($1,000,000) shall be
arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the
Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at:
Commonwealth Land Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Administration
END OF CONDITIONS AND STIPULATIONS
CLTA Chain of Title (06/06/1992) Printed: 03.21.25 @ 12:27 PM
Page 7 CO-CW-FFAH-01610.114165-SPS-0-25-HS0843382
5057160 10/02/2025 02:28 PM
Total Pages: 2 Rec Fee: $43.00
Carly Koppes - Clerk and Recorder, Weld County , CO
QUITCLAIM DEED
THIS DEED. made this15 day of September, 2025. between Guttersen Ranches LLC, a Colorado
limited liability company. Grantor, and Guttersen Ranches LLC, a Colorado limited liability company, Grantee.
whose legal address is P.0, Box 337090, Greeley, CO 80633;
WITNESSETH, that Grantor, for and in consideration of the sum of Less Than Five Hundred Dollars, and
other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, has remised,
released, sold and QUITCLAIMED, and by these presents does remise, release, sell, and QUITCLAIM unto
Grantee and Grantee's successors, and assigns, forever, all the right, title, interest, claim, and demand which
Grantor has in and to the real property interests. together with improvements, if any, situate, lying. and being in the
County of Weld and State of Colorado, described as falEou•s�
SEE EXHIBIT A, ATTACHED HERETO
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging or in anywise thereunto appertaining, and all the estate, right. title. interest and claim
whatsoever, of Grantor, either in law or equit. to the only proper use. benefit and behoofofGrantee and Grantee's
successors and assigns forever.
IN WITNESS WHEREOF, Grantor has caused this deed to be executed on the date set forth above.
GRANTOR'
GLJTTERSEN RANCHES LLC
a Colorado limited liability company
STATE OF COLORADO
COUNTY OF WELD
The ing instrument was
5kruzitm C U cn . as
liability company
Witness my hand and official seal:
b iged before me this 254 1 :•, of September, 2025. by
Man4ri ri„( ..____ ofGutt..:iesLLC. aColorado limited
My commission expires: 2.02 0
C04.11)01
ALYSSA CORINNE SCHAFER-CAMPOS
NOTA}tY PUBLIC - STATE OF COLORADO
NOTARY ID 20244004079
MY COMMISSION EXPIRES JAN 30, 2023
5057160 10/02/2025 02:28 PM
Page 2 of 2
EXHIBIT "A"
A PARCEL IN THE WEST ONE-HALF (W 1/2) OF SECTION 28, TOWNSHIP 3 NORTH,
RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, AND
STATE OF COLORADO, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A FOUND 2-1/2" ALUM. CAP STAMPED "PLS 23501" AT THE
NORTHWEST CORNER OF SAID SECTION 28, FROM WHICH POINT PROCEED S 00°
37'28" E A DISTANCE OF 4,203.95 FEET TO THE NORTHWEST CORNER OF PROPOSED
PARCEL AND POINT OF BEGINNING STATED HEREON;
THENCE N 89°22'32" E A DISTANCE OF 1,319.93 FEET TO THE NORTHEAST CORNER OF
SAID PARCEL;
THENCE S 00°37'28" E A DISTANCE OF 1,155.06 FEET TO THE SOUTHEAST CORNER OF
SAID PARCEL FROM WHICH THE SOUTHEAST CORNER OF SAID SECIION ION 28, A 3-1/4"
ALUM. CAP STAMPED "PLS 16847" BEARS S 89°57'33" E A DISTANCE OF 3,978.10 FEET;
THENCE S 89°22'32" W A DISTANCE OF 1,319.93 FEET TO THE SOUTHWEST CORNER
OF SAID PARCEL;
THENCE N 00°37'28" W A DISTANCE OF 1,155.06 FEET BACK TO THE PLACE OF
BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 35.00 ACRES.
BASIS OF BEARINGS: A LINE MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED
"PLS 23501", AT THE SOUTHWEST CORNER OF SAID SECTION 28 AND A 2-1/2"
ALUMINUM CAP STAMPED "23501" AT THE NORTHWEST CORNER OF SAID SECTION
28, BEARS N 00°37'28" W 5,359.01 FEET, WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO.
Al?.232`I9a
B 1415 R.EC 02362992 12/07/93 16:43 $25.00 1/005
F 1727 MARY ANN FEtJEPSTEIN CLERK & RECORDER WELD CO, CO
PATENT NO. 7994
This patent is made this 7. -n� day of 1) c- Ite1 , 199a, by the STATE OF
COLORADO, by the STATE BOARD OF LAND COMMISSIONERS ("Board"), to the
HARRISON RESOURCE CORPORATION ("Harrison"), a Colorado corporation, whose
address is 760 Whalers Way, Suite A200, Fort Collins, Colorado, 80525.
WHEREAS, pursuant to an Exchange Agreement (Agreement) dated October 18,
1993, and approval of said agreement acknowledged by Board Order No. 93-255, the Board
and Harrison Resource Corporation ("Harrison") agreed to exchange certain lands; and
WHEREAS, the lands to be conveyed to the Board pursuant to the Agreement will
be of equal or greater value to the lands to be conveyed by the Board pursuant to this
Agreement as determined by appraisal; and
WHEREAS, the Board of Land Commissioners has determined that this action is in
the best interests of the trusts it administers;
NOW THEREFORE, in consideration of the lands being conveyed to the Board and
other consideration described in the Agreement, the STATE BOARD OF LAND
COA IISSIONERS hereby grants, conveys, deeds and relinquishes to the HARRISON
RESOURCE CORPORTION, its successors and assigns forever, the following described
lands in WELD County, State of Colorado, to wit:
PATENT 7994 1 of 5
B 1415 REC 02362992 12/07/93 16:43 $25.00 2/005
F 1728 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
TOWNSHIP TWO NORTH (T 2 N), RANGE SIXTY-THREE (R 63 W)
SIXTH' PRINCIPAL MERIDIAN (6th PM)
WELD COUNTY, STATE OF COLORADO
Section Four (Sec. 4)
S2NW4; Lot 2
161.23 acres, ±
TOWNSHIP THREE NORTH (T 3 N), RANGE SIXTY-THREE (R 63 W)
SIXTH PRINCIPAL MERIDIAN (6th PM)
WELD COUNTY. STATE OF COLORADO
Section Eight
Section Eighteen
(Sec. 8)
(Sec. 18)
Section Twenty (Sec. 20)
Section Twenty-eight (Sec. 28)
Section Thirty (Sec.30)
W2
NE4; NE4NW4;
Lot 1; S2SE4
All
SW4
E2E2
320.00 acres, ±
321.00 acres, ±
640.00 acres, ±
160.00 acres, ±
160.00 acres, ±
TOWNSHIP FOUR NORTH (T 4 N), RANGE SIXTY-THREE (R 63 W)
SIXTH PRINCIPAL MERIDIAN (6th PM)
WELD COUNTY. STATE OF COLORADO
Section Sixteen
Section Twenty
Section Thirty-two
(Sec. 16)
(Sec. 20)
(Sec. 32)
All
All
All
640.00 acres, ±
640.00 acres, ±
640.00 acres, ±
TOWNSHIP 't HREE NORTH CT 3 N), RANGE SIXTY-FOUR (R 64 W)
SIXTH PRINCIPAL MERIDIAN (6th PM)
WELD COUNTY, STATE OF COLORADO
Section Ten
Section Twelve
Section Fourteen
(Sec. 10)
(Sec. 12)
(Sec. 14)
Section Sixteen (Sec. 16)
Section Twenty-two (Sec. 22)
Section Twenty-eight (Sec. 28)
S2
N2
W2NW4; SW4;
W2SE4
All
E2; SW4
All
Containing in all, 6402.23 acres, more or less,
according to U.S. government survey.
PATENT 7994 2 of 5
320.00 acres, ±
320.00 acres, ±
320.00 acres, ±
640.00 acres, ±
480.00 acres, ±
640.00 acres, ±
B 1415 FEC 02362992 12/07/93 16:43 $25.00 3/005
F 1729 MARY ANN FEUERST£IN CLERK & RECORDER WELD CO, CO
TOGETHER WITH THE FOLLOWING:
All property interests in, above, on and below the surface of the land not
reserved herein, including but not limited to, the following:
A. All fences and other improvements, if any, owned by the State and now
located on the land.
B. All water, water rights, ditches, ditch rights, laterals. lateral rights,
wells, well rights, sumps, return water systems, decrees, lakes and reservoir
rights, belonging or in any way appertaining to the land.
C. All easements, rights -of -way and rights to same belonging and inuring to
the benefit of the land and in and to all strips and gores of land lying
between the land and adjoining property or streets, roads or highways, open
or proposed.
RESERVING, however, to the State of Colorado all rights to any and all minerals,
ores and metals of any kind and character, and all coal, asphaltum, oil, gas or other like
substance in or under said land and geothermal resources, the right of ingress and egress
for the purpose of mining together with enough of the surface of the same as may be
necessary for the proper and convenient working of such minerals and substances.
Subject to any and all easements, rights -of -way, leases and interests heretofore
legally obtained and now in full force and effect, if any there be, whether or not recorded
in county or state records;
TO HAVE AND TO HOLD the same and above specified, together with all the rights,
privileges, immunities and appurtenances of whatsoever nature thereunto belonging, unto
the HARRISON RESOURCE CORPORATION and to its successors and assigns forever.
THIS PATENT IS GRANTED, together with Patents 7992 and 7993, for and in
exchange of the following described property to be simultaneously conveyed to the State by
general warranty deed insured by a title insurance policy:
Lot 1, Mason Street P.U.D., except that portion known as the Moreland P.U.D,,
being located within the NE4 of Section 35, Township Seven North (T 7 N),
Range Sixty-nine West (R 69 W) of the 6th PM, Larimer County, State of Colorado.
Containing 1.5117 acres, more or less, according to Improvement Survey Plat prepared
by Intermill Land Surveying Inc., dated October 21, 1993.
PATENT 7994 3 of 5
B 1415 REC 02362992 12/07/93 16:43 $25.00 4/005
F 1730 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IN WITNESS WHEREOF, I, ROY ROMER, Governor of the State of Colorado,
have caused this patent to be executed and the seal of the State of rado to be hereunto
affixed at the City and County of Denver, this / day ofrs0m�1 , 1993.
STATE OF COLORADO
ATTEST:
r;ialattecre ry of'Sitate
(lAND BOARD SEAL)
Roy
er, Governor
;,csTn
.J
STATE OF'COLCRADO
ACTING BY AND THROUGH THE
STATE BOARD OF LAND COMMISSIONERS
xc,
Lucy B ack Creighton, Presi. ent
Robert R. Mailander, Register
ohn S. VA kes III, Engineer
PATENT 7994
4 of 5
B 1415 REC 02362992 12/07/93 16:43 $25.00 5/005
F 1731 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
State of Colorado
) ss.
City and County of Denver
Patent 7994 was acknowledged before me this g � day of rok I993;,.by
Lucy Black Creighton as President, Robert R. Mailander as Register, and John S. Wilkes
III as Engineer of the COLORADO STATE BOARD OF LAND COMMISSIONERS.
WITNES my hand nd official seal
139 YI
William J. Kil
Notary Public
My Commission Expires: AUGUST 6, 1995
PATENT 7994 5 of 5
AR23639038 1416 REC 02363903 12/13/93 16:44 $10.00 1/{002
—F 1660 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
SPECIAL WARRANTY DEED
THIS DEED, Made this 8ta day of December. , 19 93
between
Harrison Resource Corporation
a eorperatioe duty organized and eiJ.ting under and by virtue of the laws of the State
of Colorado . grantor. and
Guttersen & Company, .a Colorado Limited Partnership
whose legal address is
P. 0. Box 526
Kersey, Colorado 80644
STATE DOCUMENTARY FEE
Date /d; /_ —93,
of the 'Cowry of Weld . State of Colorado, grantee(s):
WITNE.SSbTH. That the grantor. fcc and i n consideration of the sum of Ten Dollars and other good and
valuable consideration --•
the receipt and sufficiency of which is hereby azknowledged. has granted, bar gained, sold and conveyed, and by these presents does grant. bargain. sell,
convey, and confirm. unto the grantee(s, its heirs. successors and assigns forever. all the real property, together with improvements, if any,
situate, lying and being in the County of weld , State of Colorado,
described A.S. follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
aLso known by saes and number as:
Vacant Land, Weld County, Colorado
TOGETHER with all and singular the hereditament% and appurtenances thereto belonging, or in anywise appertaining. and the reversion and
reversions, remainder and r.m-..dcts,rents,nstticsandprofitsthereof.andalltheestate,right.title.interest. claim aitddcmandwhateoovcrof the grantor,
either in law or equity. of. u. and to the above bargained premises. with the heneditaments and appurtenances:
TO HAVE AND TO HOLD the said pr nsises above bargained and dnoibed with the appurtenances. unto the grantee(s), its
heirs, successors and assigns forcer. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT
AND FOREVER. DEFENDtb..above•lairgainod premises in tbe quid and peccable possession of the grantee(s). its heirs.
successor and assigns, sgainst all and every person or persons claiming the whole or any part thereof, by, through or under the grantor.
IN WITNESS WHEREOF. The granter has caused its corporate name to Ix hereunto subscribed by its
e seal to be hereunto affixed. attested by its
673EPLES .
STATE OF COLORADO
County of Laritner
The foregoing instrument was acknowledged before this
by Craig Harrison
and
a< Harrison Resource Corporation,
Is zoi iilrilli tike Odra December 10, 1994
,' 1pevs nd apd'4jfictal seal.
Secretary, the day and year first
Harris • es. - Corporation., a Colo
55.
8th day of
ison
December
Sr.
as
a Colorado co�1 � oration
F
Proktr.t
.1993
?resident
Secretary
MAW*
Nomy Public
Nue end hden+. of Penn Cleating Newly Created trial r7eralptlon t¢ 363SteM.5, C S)
NO• li . aii{j: S: .11t'mul M'Amvorre proem (cwp.nrl.d
•�•r. r.. r. •'. , f .
Dradtwd Publishing. '743 Wuce Sc.. Dorm r. 0+07020: —(3051292.2500— i 190
B 1416 EEC C2363903 12/13/93 1644 $10.00 2/002
F 1661 NARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO
EXHIBIT "A"
TOWNSHIP 3 WORTH, RANGE 454 WEST OP THi; 6TH P.K.
Section 10:
Section 14:
Section 14:
Section 22:
section 2s:
11/2
W1i1W1/21011/4,, SSW2/4, W1/2811/4
11(2, SE1/4
TOWNSHIP 2 WORTH, RANGE 63 WEST OP THE 6TH P.M.
Section 4: S1/2NW1/4, Lot 2
TOWNSHIP 3 NORTH, RANGE 63 WEST Olt' TH1, 6TH P.K.
Section 1: to/2
Section 18: )31/4, ITE1/4)IW1/4, ltt/2 of Lot 1, S1/2SE1/4
Section 20: AU
section 2$: SW1/4
Section 30: I1/2a1/2
TOWNSHIP 4 NORTE, RANGE 63 WEST OF THE 6TH P.K.
Section 14: All
Section 20: All
TOWNSHIP 3 NORTH, RANGE 64 WEST or THE 6TH P.K.
Section 12: 81/2
TOWNSHIP 4 WORTH, RANGE 63 WEST OF THE 6TH P.K.
Section 32: All
ALL XN THE COUNTY or SELD, STATE OP COLORADO.
I11111111111111111111111 IIII II1II 111111 III 11111 IIII IIII
2714218 08/16/1999 04:13P Weld County CO
1 of 3 R 15.00 D 0.00 JR Suki Tsukamoto
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS that GUTTERSEN & COMPANY,
a Colorado Limited Partnership, whose address is P.O. Box 528, Kersey, CO 80644, for
consideration of Ten Dollars in hand paid, the receipt and sufficiency of which is hereby acknowl-
edged, hereby sells, transfers and conveys to GUTTERSEN RANCHES LLC, a Colorado Limited
Liability Company, whose legal address is 13696 Weld County Road 74, Eaton, CO 80615, the
following real property situate in the County of Weld, State of Colorado, to -wit: all property
described on Exhibit "A" attached hereto and incorporated herein by reference as though fully set
forth, together with all appurtenances, and RESERVING UNTO GRANTOR all oil, gas and other
minerals, excluding sand and gravel, situate on, in or under the described premises, together with
the right to explore, develop and produce the same, and reserving any and all royalties, production
payments, delay rentals, and bonuses by reason of existing oil, gas and mineral leases on the
described premises, or portions thereof.
or
Signed and delivered this // °u day of May, 1999.
GUTTERSEN & COMPANY,
Color -do Limited -Partj4iship
-
By
utte en, General Partner
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
//}} The foregoing instrument was acknowledged before me this //` day of
le_,rs�' , 1999, by Mike Guttersen, as General Partner of Guttersen & Company, a Colorado
Limited Partnership
commission expire -Zoo ca
1111111 IIIII IIIIII Hill IIII Nil 111111 III III IIII IIII
2714218 08/16/1999 04:13P Weld County CO
2 of 3 R 16.00 D 0.00 JP Sukl Tsukamoto
EXHIBIT "A"
to
BARGAIN AND SALE DEED
GUTTERSEN & COMPANY. GRANTOR
and
GUTTERSEN RANCHES, LLC, GRANTEE
Township 2 North. Range 63 West of the 6th P.M.
Section 4: That part of the Southwest Quarter lying North of the Chicago,
Burlington and Quincy Railroad Right-of-way, except that portion
conveyed to Colorado Department of Highways by deed recorded in
Book 1538 at Page 146, Weld County Records.
Section 5: All except that portion conveyed to Colorado Department of Highways
by deed recorded in Book 1538, at Page 150, Weld County Records.
Section 8: All except that portion conveyed to Colorado Department of Highways
by deed recorded in Book 1538 at Page 150, Weld County Records.
Township 2 North. Range 64 West of the 6' P.M.
Section 4: East Half; Northwest Quarter
Township 3 North, Range 63 West of the 6th P.M.
Section 5: All
Section 6: All
Section 7: All
Section 8: All
Section 17: All
Section 18: All
Section 19: All
Section 20: All
Section 28: West Half
Seetion-29: All
Section 30: All except approximately 40 acres in the Southwest Quarter of the
Southwest Quarter as described in deed recorded October 2, 1992, as
Reception No. 02305644 and also assigning to Grantee the right of
refusal and option described in such deed.
Section 32: All
Section 33: West Half
Township 3 North. Range 64 West of the 6th P.M.
Section 1: All -
Section 2: South Half
Exhibit "A", Page 1
11111111111111111111111111111111111111 III 11111 Ilfl Illf
2714218 08/16/1999 04:13P Weld County CO
3 of 3 R 13.00 D 0.00 JR Suki Tsukemoto
Section 3: All except those portions of the Northwest Quarter, Southwest Quarter
and Northeast Quarter previously conveyed
Section 4: Northwest Quarter and all of the Southwest Quarter, Northwest Quarter
and Southeast Quarter owned by Grantor
Section 9: All portions of Northeast Quarter, Southeast Quarter and Southwest
Quarter owned by Grantor
Section 10: All
Section 11: All
Section 12: All
Section 13: All
Section 14: All
Section 15: All
Section 16: All
Section 17: All of Southeast Quarter owned by Grantor
Section 20: All except that portion conveyed in deed recorded August 8, 1973, as
Reception No. 1618920, Weld County Records
Section 21: All
Section 22: All
Section 23: All
Section 24: All exceptthe-Northeast Quarter
Section 25: The Northeast Quarter and the Northeast Half of the Northwest Quarter
Section 28: All
Section 29: All
Section 33: All
Township 4 North. Range 63 West of the 6'h P.M,
Section 8: All
Section 9: All except those portions conveyed in deeds recorded as Reception
Nos. 1418436 and 2026565
Section 16: All
Section 17: All
Section 20: All
Section 29: All
Section 32: All
Township 4 North, Range 64 West of the 6th P.M.
Section 33: All
Section 34: The South Half except that portion conveyed in deed recorded
August 8, 1973, as Reception No. 1618920, Weld County Records
And- including- any real- propertowned-by Grantor- in - the sections- set forth -above which is- not -
otherwise described herein.
Exhibit "A", Page 2
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