HomeMy WebLinkAbout202531304873620 12/27/2022 08:13 AM
Total Pages: 6 Rec Fee: $38.00 Doc Fee: $70;00
Carly Koppes - Clerk and Recorder, Weld County , CO
RECORDING. REQUESTED BY p
L TO:
When Recorded Reunite
First American Title Insurance Company
National Commercial Services •
3031 N. Rocky Poini Drive West, Sia. 550
Tampa, Fl. 3360
File No:NCS / c
Hollit;igshead Materials, LLC
100 Hollingshead Circle
Murfreesboro, TN 37 ] 29
Attention- J.D. Kious, General Counsel
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SPECIAL WARRANTY DEED
THIS SPECIAL. WARRANTY DEED is slated as of the (LC] day.of'December 2022,
between CO 13, LLC, a Colorado limited liability company ("Grantor"), Whose street address is
1627 Cole B1vd.,,Suite 200, Lakewood, CQ.80401 and HOLLINGSHFAD MATERIALS, LLC;,
a Tennessee limited liability company,("Grantee"), whose streetaddress is 1000 Hollingsb'ead
Circle, Murfreesboro, TN 37129.
WITNESSETH, that Grantor, for and in consideration of Ten Dollars and other good and
valuable consideration, in hand paid, has granted, bargained, sold and conveyed,' and by these
presents does grant, bargain, sell, convey and confirm unto Grantee, all of that certain real property
in the County of Weld and State of Colorado that is legally described on Exhibit A attached hereto
(the "Land"), all improvements, structures, and fixtures, if any, now constructed and completed or
under construction on the Land (the "Improvements"), and all contract rights and all other
intangible rights owned by Grantor or;appurtenant to the Land and/or Improvements, including
without limitation all permits, licenses, and approvals of governmental authorities (the "Intangible
Property"; together with the Land and the Improvements, the "Property");
TOGETHER WITH all and singular appurtenances belonging, or in anywise appertaining,
2to the Property; with all its appurtenances, excluding and reserving unto Grantor all oil, natural
gas, hydrocarbon products, gravel, sand, coal, hard rock minerals underlying the Land,
TO HAVE AND TO HOLD the,Property unto Grantee forever: Grantor, for itself and its
successors and assigns, does covenant...and agree that Grantor shall and will WARRANT AND
FOREVER DEFEND the above described property in the quiet and peaceable possession of the
Grantee against all and every person or persons claiming the whole or any part thereof,. by, through
or ender the Grantor, subject to(i) zoning ordinances affecting the Property, (ii) acl valorem taxes
not yet due and payable, (iii) all easements, restrictive Covenants, agreements,. conditions or other
matters of record, including but not limited to the matters set forth in Exhibit,B attached hereto,
and (iv) the following covenants, conditions, and restrictions, which covenants, conditions and
restrictions Grange makes, agrees to and accepts by accepting this Special Warranty Decd.
Grantee acknowledges that Grantor operates a transload facility, asphalt operation, ready -
mix concrete operation and/or construction aggregate operation (together "Grantor's operations")
on an.adjacent parcel(s) to the.Property and that Grantor_will continue to operate such Grantor's
Operations and may expandtheir operations at the facility following the conveyance of the
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Property. Grantee also acknowledges that antor leases or may in the future lease a portion of the
adjacent parcel(s) to others for use in:related Grindustries that use --products of the facility. Grantee
acknowledges that Grantor's Operations and any such related industries may subject Grantee and
the Property to noise, dust, truck traffic, vibrations and other inconveniences. As an -inducement
to -Grantor's conveyance of the Property to Grantee, Grantee covenants, on behalf of itself and its
.successors -in -interest, that'it shall not initiate any -proceeding or take any action, or participate in
any proceeding or actiisn, to limit, prohibit, or restrict Grantor's or its affiliates' operation of
Grantor's Operations or Grantor's or its affiliates' lessees' operation ofrelated industries located''
at the facility, on any ground whatsoever, including, but not limited l:o, nuisance or trespass. By
means of illustration, and not limitation, Grantee shall not initiate or' participate in any proceeding
or action to limit or restrict the hours of operation of any of Grantor's Operations,. to prohibit
expansion of Grantor's Operations or to oppose or otherwise object to the issuance or continuance
of- any permits or approvals from governmental authorities necessary for the development,
.operation, and expansion -of Grantor's Operations. -Grantee, on behalf of itself and its successors
and assigns, does hereby waive, release, forever discharge and covenant not to sue Grantor,
Grantor's affiliates, Their lessees, and each of their respective shareholders, officers, directors, and -c
employees from any and all claims, demands, injuries, actions, and causes of action at law or in
equity, past, present, or future, for anydamages, personal injuries;. property damage, diminution
in property value, emotional distress, loss of peace of Mind and happiness, discomfort,
inconvenience, annoyance, disruption, nuisance, trespass, -or.any such claims or injuries arising
from::or related to Grantor's orr;its affiliates' operation of Grantor's Operations or related industry
operation or their lessees' operation of any related industry on adjacent parcels-). For purposes
-.hereof, the term proceedings means any action,- suit, or proceeding, whether civil, criminal,
administrative, or investigative, and whether fornial or informal- -
Grantee acknowledges and agrees that the foregoing covenants, conditions and restrictions
shall run with the Property, the burden ofwhich will be binding on; and enforceable against future
owners of the Property, but shall only be for the benefit of Grantor and its affiliates and not any
third party successor -in -interest.
[Remainder of Page Intentionally Left Blank,: Signature Page to I'ollo.t+�]-
2,191536.1
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IN WITNESS WHEREOF, Grantor has executed this Special, Warranty Deed as of theday
and year first written above.
CO 13, LLC, a•Coloiado limited liability company
STATE OF )
COUNTY OF '-'it+k-rce.cfrv^1)
The foregoing instrument was acknowledged before me this‘,Z34".day of
December 2022, by as
Colorado limited liability company.
WITNESS'my hand and official seal
Notary Public
My Commission. Expires:
II.e4of CO 13, LLC, a
paiww%
HOLLEE J FANNING
NOTARY pu8UC
STATE OF COLORADO •
NOTARY ID 20104052551,,
MY COMMISSION EXPIRES NOVEMBER 30.2025
26798]63
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;EXHIBIT A
TO SPECIAL WARRANTY DEED
Lot A of Recorded Exemption No. 0957-18-2 RE -4866 recorded May 21, 2009 as Reception No.
3624449 of the Records of Weld County, located in the Northwest Quarter of Section Eighteen
,(18), Township Five Notth (T.5N.), Range Sixty -Seven West (R.67W.) of..the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Corado.
LESS AND EXCEPT that portion conveyed to County of Weld by Warranty ❑eed recorded
June 23, 2016'at Reception No. 4213895 -and re-recorded June 24, 2016 at Reception No. 42)4043,
in the Records of Weld County, State of Colorado.
For informational purposes only: APN: 095718200054
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EXHIBIT B
TO SPECIAL WARRANTY DEED
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct land survey and inspection of the Land would disclose, and which are not shown by the Public
Records.
2. Any water rights, claims of title to water, in,,gn or under the Land.
3. Easement. arid right of way for Farmers:_Uitch, and for purposes incidental thereto, as the same crosses
the subject property.
4. Rights of way for County Roads 30 feet on either side of section and township lines, as established by
-the Resolution of the Board.of County Commissioners of Weld County, recorded October 14, 1889 in
Book 86 at Page 273_
Right of way for County Road 30 feet off the West side, as established,,by Road -Viewer's Report
recorded January 2:0, 1890 in Book 48 at Page 323. .•.
6. Terms,,conditions, provisions, obligations, easements and agreements as set forth in the Right of Way
and Casement to American Telephone and Telegraph Company recorded March 31, 1941 in Book 1076
at -Page 586.
7..:/Terms, conditions, provisions, obligations and agreements as set forth in the Greeley -Loveland
Shareholder's Domes.tic..Water Agreement recorded.June9, 1969 in Book 6,11 at Reception No.
1532507.
8. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Valve Site
Contract recorded August 20, 1984 in Bock 1040 at Reception No.. 01.978258.
9. Easements, notes, covenants, restrictions and rights -of -way as shown on the plat of Recorded
Exemption No. 0957-18-2 RE -4866, recorded May 21, 2009 at Reception No_ 3624449: ,
,10. Any tax, lien, fee or assessment by reason of inclusion of subject property in the lortherrr Colorado
Water Conservancy_ District, as evidenced by instrument recorded September 29, 2010 at Reception
No. 3721790. . .
11. improvement -Survey Plat recorded October 8, 2015 at Reception No...4148573.
12. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement
Agreement recorded May 25, 21116 at Reception No. 4206290.
13. Terms, conditions, provisions, obligations, easements and agreements as set faith in'the Poudre Valley
Rural Electric Association, Inc. Right -Of -Way Easement recorded June 2, 2Ct1.6 at Reception No.
4208462. .
14. Terms, conditions, provisions, obligations, .easements and agreements as set forth in the Stormwater
Easement. Agreement recorded November 3, 2016 at Reception No.; 4250903.
Z6748.16.3
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15. Any tax, lien, fee or assessment by reaspnof inclusion of subject•proper€y in the Thompson. Rivers
Parks and Recreation District, as,evidenccd by instrument recorded February 15, 2017 at Reception
No, 4278558.
267911363
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