HomeMy WebLinkAbout20221778.tiffHT( Heritage
Title Company
(j Commonwealth -
TITLE DEPARTMENT —DELIVERY TRANSMITTAL
7251 West 20th Street, Building L, Suite 100
Greeley, CO 80634
(970) 330-4522 Fax: (866) 828-0844
DATE: July 30, 2021
FILE NUMBER: H0652362
GUARANTEE NUMBER: CO-FFAH-IMP-81COG6-1-21-H0652362
PROPERTY ADDRESS: 8133 County Road 28 and vacant land, Weld County, CO
YOUR REFERENCE NUMBER: 120928100011 and 120928000006
TO: Civil Resources
P.O. Box 680
Frederick, CO 80530
0 if checked, supporting documentation enclosed
ATTN: Kyle Regan
PHONE: (303) 833-1416
MOBILE: (000) 000-0000
FAX: (000) 000-0000
E-MAIL: kyle@civilresources.com
DELIVERY: Email
NO. OF COPIES: 1
END OF TRANSMITTAL
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
Guarantee No.: CO-FFAH-IMP-81COG6-1-21-H0652362
r�
Commonwealth Land Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
Civil Resources
The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A,
which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
Commonwealth Land Title Insurance Company
Countersigned:
By:
Authorized Officer or Agent
ay.
Ray d y Quirt Pcasidant
Atte
I�I,chaa.Gra,eII Sacittary'
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: 110652362-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-21-110652362
Order No.: H0652362-820-GRO
Liability: $165.00
1. Name of Assured:
Civil Resources
2. Effective Date of Guarantee:
July 26, 2021 at 6:00 PM
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
READY MIXED CONCRETE COMPANY, a Colorado corporation
pursuant to a Special Warranty Deed recorded September 29, 2004 at Reception No. 3223148 in and to the land described as
follows:
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Guarantee No.: CO-FFAH-IMP-81COG6-1-21-H0652362
Fee: $165.00
See Exhibit A attached hereto and made a part hereof.
Only the following deeds appear in such records subsequent to August 2, 1967:
Reception No. 1506290 Book 534
Reception No. 1506291 Book 534
Reception No. 1617289 Book 695
Reception No. 2310910 Book 1358
Reception No. 2880172
Reception No. 2895456
Reception No. 2895457
Reception No. 3223148
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto.
2. Instruments, proceedings, or other matters which do not specifically describe said land.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: H0652362-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-21-110652362
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS:
Parcel 1:
The NE1/4 and the NW 1/4 of the SE1/4 of Section 28, Township 3 North, Range 67 West of the 6th
P.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways, State of Colorado by deed
recorded December 5, 1957 in Book 1491 at Page 158, more particularly described as follows:
The N1 /2 of the NE1/4 of Section 28, Township 3 North, Range 67 West of the 6th P.M., in County of Weld. State of
Colorado, said tract or parcel being more particularly described as follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West, from which point the Northeast
corner of Section 28 bears North 0 degrees 32 minutes West, a distance of 90.0 feet;
1. thence along the East line of Section 28, North 0 degrees 32 minutes West, a distance of 90M feet to
the Northeast corner of Section 28;
2. thence along the North line of Section 28, North 89 degrees 49 West, a distance of 2,590.0 feet to the
Northwest corner of the NE1/4 of Section 28;
3. thence along the West line of the NE1/4 of Section 28, South 0 degrees 24 minutes East, a distance of
40M feet;
4. thence South 89 degrees 49 minutes East, a distance of 2,512.1 feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet to a point on the existing West
County Road right of way;
6. thence South 89 degrees 49 minutes East, a distance of 28.0 feet, more or less, to the point
of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE1/4NE1/4 of Section 28, Township 3 North. Range 67
West of the 6th P.M., County of Weld. State of Colorado, and being more particularly described as:
Considering the North line of the NE1/4 of said Section 28 to bear South 89 degrees 34 minutes 43 seconds East, as
monumented and shown on the plat, and all bearings contained herein relative thereto:
Beginning at the East Quarter corner of said Section 28;
thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of said Section 28 to a point;
thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
thence South 00 degrees 17 minutes 32 seconds East, 267.08 feet to a point on the South line of the NE1/4 of said
Section 28;
thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the Point of Beginning.
Parcel 2:
The SW1/4 of the SE1/4 and the S1/2 of the SW1/4 of Section 28, Township 3 North, Range 67 West, 6th P.M., County
of Weld, State of Colorado.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: H0652362-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-21-110652362
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).
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No. H0652362-820-GRO Guarantee No. CO-FFAH-IMP-81 COG6-1-21-H0652362
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
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
fol lowing:
(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 natters 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, assume or
agreed to by one or more of the Assures; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any
judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided.
The identity of any party shown or referred to in Schedule A.
The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
(c)
(d)
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 shown in Schedule A.
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 Assure 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
Assure 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 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.
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 prejudice 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 Assure 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 Assure 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.
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: 110652362-820-GRO
Guarantee No.: CO-FFAH-IMP-81COG6-1-21-110652362
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 tbrth 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 or 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 an
defect, lien or encumbrance assured against by this Guarantee.
R. 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.
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 Assure 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 full 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 Arbitration 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 of the breach of a Guarantee provision or other
obligation. All arbitrable matters when the Amount of Liability is 51,000,000
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 51,000,000
shall be arbitrable 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 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
Claims Department
Post Office Box 45023
Jacksonville, FL 32232-5023
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
•'f . : EN -STRONG, INC., a corporation duly ars nixed and existing elder and by
vlrtue of tg(d 4a of the State el Colorado, for and in consideration of OTHER GOOD
AND VALUABLE CONSIDERATION AND TEN DOLLARS in hand paid, does hereby
14 ,12, sell and convey to STRONG h HERREN FARMS, INC., of the County of Weld and
�.' State at Colorado, the following real property situate In the County of Weld and Hate
'. dt'`�croforeeo, to -wit:
..vp
PABCEr. No, 1:
Ali Iands contained In Section Twenty-one (21), Township Three (9) North,
of rye Sixty-seven (67) West, of the 6th P. M.. Weld County Colorado.
as described In Warranty Deed recorded May 18, 1966 In Book 567, wader
Reception Number 1489269, Weld County Records.
Lot Four (4) of the Southeast Quarter (SEI) of the Northeast Quarter
(NE}) of Section Five (5), Township Five (5) North, of Range Sixty-five
(65) West, of the 8th P. M. , Weld County, Colorado, except the following
parcels of land:
(a). Lad as conveyed by Deed recorded in Book 1201 at Page 302, Weld
County Records;
(b) Parcel of land conveyed by Warranty need recorded in Book 1580 at
Page 553, Weld County Records;
(c) Parcel of land conveyed by Warranty Deed recorded in Book 1582 at
Page 316, Weld County Records.
Blocks C, D and F, In the City of Greeley, Weld County, Colorado, accord-
ing to the recorded map or plat thereof, except:
(a) Right-of-way over and across Blocks D and F, as conveyed by Deed
recorded in Book 1117 at Page 209, Weld County Records;
(b) Access rights as recorded in Deed in Book 1580 at Page 551, Weld
County Records;
(c) Right-of-way as contained in Deed recorded in Book 1074 at Page 103,
Weld County Records,
The South Half (Si) of the Southwest Quarter (SW}) and the West Half
(Wi) of the Southeast Quarter (SE&), all In Section Twenty-eight (28)
Township Three (3) North, Range Sixty-seven (87) West, of the 6th P. M. ,
Weld County. Colorado
with all Its appurtenances, nod warrnnte the title to the name, subject to 1967 taxes awl
reservations now of record.
IN WITNESS WHEREOF acid corporation has caused its corporate name to be
hereunto subscribed by its President, and its corporate seal to be hereunto
.y.,, r y
KW)W ALL MEN BY THESE PRESENTS, That -LO $ERRZN, tls koce' : IL)7CU 9
4 .
HERREN and CURTIS STRONG. and LOTH W. HERIIIN CUlirIB
nee. ender the firm name and style of HERREN ST7RQNG, cope 4 k�s Comdy
IN':. Weld. and State of Colorado, for the consideration tI;dFHER GOOD NON
' . tabErvenok AND TEN DOLLARS, in hand paid, hereby sell and convey to STRONG it
HERREN FARMS, INC., a Colorado Corporation of the County of Weld, and State of Colorado,
� ; tilt fllowing real property, situate in the County of Weld and State of Colorado, to -wit:
j! 3liL NO. 1:
Y. The Northeast Quarter (NE}) and the Ent Half (E}) of the Southeast
i'' 1 r ✓' punter (SE*) of Section Twenty-eight (28) in Township Three (3)
� North. of Range Sixty-seven (87) West, of the etb P. M., except a
'lght-of-way recorded in Book 1491 at Page 155, Weld County Records.
✓ 7 O1,NO. 2:
;
r ( , 'r. Lots One (1), Two (2), Three (3), Four (4) and Five (5), In Block
y %,, n . Twenty-two (22), in the Town of Platteville, according to the recorded
,
Map or plat thereof.
• with all its appurtenances, and warrant the title to the same. subject to 198T three and
reservations now of record.
The foregoing instrwnest was acknowledged before me this - 1 -- day of Atiauet-_
1987 , by Loyd Herren, also knowb arlloyd W Herren. and Curtis
g888tttrrrgc, individually, and by Loyd W. Herren and Curtis Strong an Co -Partners of Herron 4
, WITNESS my hand and official anal.
541 3 "' mmieeion expire. June 25, 1989.
d� N T A �� t ;hz r1
. ....• {a / Notary Public
tf:4 SLID.' _a�
Byron Au Anderson,
•F
- B 135E REC 02310910 11/13/92 16:14 $10.00 1/002
AR2310930 - F 1838 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
WARRANTY DEED
IlUSDKED.14*kam 12th 0,4 November
ed. Strong Farms. Inc.
r+ 92
a corporation duly organized and KI>>rns under and tt .:lac 01 the I....a It. %ar
Colorado .ard
Ralph Nix Produce, Inc.
STATE DOCI1MEITARY FEE
Date /
• >' r w Crir
a corpormm duty organized and etmtlap ender and wing .'I Iht ;ar..d Ih.• State
a Colorado granter, mint wgal a.idrt••
19480 US Highway 85, Gilcrest, Colorado 80623
Wrrh¢'S.T11. Thal me passim ha and u cresrkra.re.M the sum .d
Seven Hundred Fifty Thousand and 00/100hts---------------------- DOLLARS.
the mart and w/hcrency d Which to her*" adnn.l.dged. ha. granted. hargalnrJ... Id axi..rn.e.rvl. and h, ra•.c pec.cnt..Lt• grant. hrrgnn... l
earns and es:admen. urendre gram,,. rn cdeern.nr•i and nalzr% Winer. ,hr teal pn.lrrr. h'gerhet nnh Imp.,•rmcnl.. a an). .auatc. 'yang and heart
en the • Canis of Weld amt dale .d t'Ia.war{.,, dewnhed a. fnII.W+
See Exhibit "A" attached hereto
RESERVING HOWEVER, unto Grartor a lifetime estate in the existing oil
and gas production with ,such production rights reverting to Grantees,
their heirs, successors and assigns at the time of Mr. Curtis Strong's
death. Any future exploration and production shall be the sole
propery of the Grantees. beginning an September 18, 1992.
AO home by Wert and rmnthcr a
TOGETHER. .Idh all and angular du. honet.umenet, rd a tjnanen.:n.r. Ihefe.rnh' h tirrg.ng.. t In en,. et4rnetning. and the re.ennm arn.
teitemon.. tcsunn.cr end egmalnden.ran...n.nt.. ne pn+!n. them.' _ and alp the ...ne ':,l I r:ilt.:nrrnr.l .grannx
Cher in ;a..x vivre". of. in and l., the ah..e huga.red firm..,._ .:rh Iht la•reJ:ta.I.en;. end eppurten..n.r.
TO HAVE AND TO HOLD the said premt.e, alr..e hY;alrlcd ant..:Ih Ihr appanenanne• .m1'• th. gtal'.•e, ..u..e. rc. add ',mo ..
(ort.er And die pranaw for nalf. n. • n..c•..e, and r"rn+. ,hr.....cnxn . r.Ire hargarn u.! arm I. and s.:•,!: the enamor_ u..w.e...,t. mf a..rgn.
that a Are zone of du emcaling and dawer, eg the, prereat.. I! l.:.rll .r.rcJ .,1 the Nell ah.n...:•rt.nt•.. ha, p..t..un•, Knell ahndure and
aglekaulnie aware of rehenun.e. rn Ian, in lee ample and has g••.! r.ghl I......r r ar.! t.w. ru! au.!.IKim to OA It r.argatn v Il and .: n.n =ht •ants in
mom and krill ahrrWd. and that the saint ae hct and clela from all h.m.cr IId ether grants hangam•.•,1e, I n, Soso, a••.'.•mc'M•. i ncamlrance..
redrew,lion,.r.hmewrkmt..natarc..rr.rr.t<,trr general taxes fcr 1992 and subsequent years;
. except easements, restrictions, covenants, conditions, reservations and
rights of vay of record, if any; except Oil and Gas Lease recorded August 24,
1970 in Book 631 as Rec. Ho. 1662242, Oil and Gas Lease dated August 24, 1970"
TAO grant.. *ban and +di'AAMR AYT AND FtMt'Lit CIF Ft.%S1the ar.,.rka, n.J;run,..r..nth..i..,I,n.lry..,ahlrrr........n.•Irh.•grader
R5 wccc sof.adanugn. agamr all ande+.crn perarr..d peearm la lull..:atmIn .r I,.. [.till+ the xhd, :a .i•tt rare Ihercttl
an WITNESS WHEXEOf. The ,ram., ha.. Aram ....rp.rarr nano r•. M h.•rtunl.• .. h., rand In i1. r.c•..kn1 ar..t TI....rpInak-
SCSI m bC engrain af(rud. amr.6ed by ,t. ..man the .Ln am! a ar h:•I aAn. r unity,
•;wSd.took 1631 as Rec. No. 1553499 and Oil and Gas Leas4 recorded
l'ar it'4a 1970 in Book 632 as Rec. No. 153500
. 4•.Lr lr
t '
0 ri
Corporation
�+ ..
STATE nF Gr r[ a MF 041x;
C r .anal Weld
11w fargrnnp lnarumcnt rat wkMrkJpcd row me 1h1. 1.₹fh I.n ..t November
Curtis Strong
5oneuryd Strong Farms, Inc., a Colorado Corporation
a• Pry,Idtnr Mid
I Grp December 1. 1994
wt�era tie teas
a
'If in Denney. Merl -t'a) and
N 92 .h
.1 .',qT. .retold
No. 767. iLmr. 44$. Wapasrr aria .Crprrilis r r.etrrraiii.
Bradhad PMMiMrnr. t711 truer Sr Ikmr, crl icitlil I VII I w; ; art N. Si
8 1358 REC 02310910 11/13/92 16:14 $10.00 2/002
F 1839 MARY ANN FEDEFSTEIN CLERK a RECORDER WELD Co, CO
°EXHIBIT A"
LEGAL DESCRIPTION
The E1/2 and the 81/2 of the SW1/4 of Section 28, Township 3 Worth, Range
67 West of the 6th P.M., County of Weld, State of Colorado,
EXCEPTING THEREPR0II a parcel of land conveyed to The Department of
Highways, State of Colorado by deed recorded December 5, 1957 in Book
1491 at Page 158, more particularly described as follows:
The N1/2 of the NE1/4 of Section 28, Township 3 North, Range 67 West of
the 6th P.M., in County of Weld, State of Colorado, said tract or parcel
being more particularly described as folloiss
Beginning at a point on the East line of Section 28, Township 3 North,
Range 67 hest, from which point the Northeast corner of Section 28 bears
North 0 degrees 32 minutes West, a distance of 90.0 feet;
1. thence along the East line of Section 28, North 0 degrees 32 minutes
West, a distance of 90.0 feet to the Northeast corner of Section 28;
2. thence along the North line of Section 28, North 89 degrees 49 West,
a distance of 2,590.0 feet to the Northwest corner of the NE1/4 of
Section 281
3. thence along the West line of the NE1/4 of Section 28, south 0
degrees 24 minutes East, a distance of 40.0 feet;
4. thence South 89 degrees 49 minutes East, a distance of 2,512.1 feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of
71.2 feet to a point on the existing West County Road right of way;
6. thence South 89 degrees 49 minutes East, a distance of 28.0 feet,
sore or less, to the point of beginning.
TOGETHER WITH sixty (60) shares of the capital stnc'. of The 1ai1 tr,n fieadows
Ditch Company water stock .ind On, and elgnt-ninths I1 d/1 ::i..ite of tie
capital stock of The Last Chance Ditch c'Drfl.iny water Mock.
TOGETHER WITH IkkIGATIO:: WELL No. 1 Cer:iit No. .75 •F, well Ng,. 1 Permit No. 45773,
well ]o. 3, Well No. 4, Well !o. 5, and Well No. I ns .idludir.ited to
Case No. W -3351 dated September 13, l7"4.
172
(J
2880172 09/04/2001 12:20P JA Suki Tsukamoto
1 of 2 R 10.00 D 120.00 Weld County CO
WARRANTY DEED
THIS DEED, Made this 30th day of August, 2001 between
Ralph Nix Produce, Inc., a Colorado corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantor, and Owens Bros. Concrete Co., a Colorado corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantee, whose legal address is 5550 Sheridan Blvd., Arvada, CO 80002
WITNESSETH, That the grantor, for and in consideration of the sum of ONE MILLION TWO
HUNDRED THOUSAND AND 00/100, ($1,200,000.00) Dollars, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto the grantee, its
successors and assigns forever, all the real property together with improvements, if
any, situate,lying and being in the County of Weld and State of Colorado, described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as Vacant Land, Weld County, Colorado
TOGETHER, with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise 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 grantor, 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 grantee, its successors and assigns forever. And the grantor,
for itself, its successors and assigns, does covenant, grant, bargain, and agree to
and with the grantee, its successors and assigns, that at the time of the ensealing
and delivery of these presents, it is well seized of the premises above conveyed, has
good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments,
incumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2001 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns,
against all and every person or persons lawfully claiming or to claim the whole or any
part thereof.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto
subscribed by its President and Vice -President president, and its corporate seal to be
hereunto affixed, attested by its secretary, the day and year first above written.
Attest:
B
Ral
ix, •resident
}
}
}
STATE OF COLORADO
County of Weld
Ralph Nix and Jerry Nix as President and Vice -President President of Ralph Nix
Produce, Inc., a Colorado corporation
Ralph N Produce,
corporion
rry Ni Vice-Pres
a,' Co�Oxarlo
ss.
My commission expires 12-17-2002
Witness my hand and official seal.
No. 767 Rev. 6-85
The
me
foregoing instrument
this 30th day of August, 2001, by
was acknowledged.,before
Abp
NOTARY PUBLIC
13 Tenth Avenue
eeley, COLORADO 80631
11111111111111111111111111111 OIl 111111 III 11111 IIII III
2880172 09/04/2001 12:20P JA Suki Tsukamoto
2 of 2 R 10.00 D 120.00 Weld County CO
ESCROW NO.: 8051023
DATE August 29 2001
"EXHIBIT A"
LEGAL DESCRIPTION
The SW1/4 of the SE1/4 and the S1/2 of the SW1/4 of Section 28,
Township 3 North, Range 67 West of the 6th P.M., County of Weld, State
of Colorado,
EXCEPTING THEREFROM a parcel of land conveyed to The Department of
Highways, State of Colorado by deed recorded December 5, 1957 in Book
1491 at Page 158, more particularly described as follows:
The N1/2 of the NE1/4 of Section 28, Township 3 North, Range 67 West of
the 6th P.M., in County of Weld, State of Colorado, said tract or
parcel being more particularly described as follows:
Beginning at a point on the East line of Section 28, Township 3 North,
Range 67 West, from which point the Northeast corner of Section 28
bears North 0 degrees 32 minutes West, a distance of 90.0 feet;
1. thence along the East line of Section 28, North 0 degrees 32
minutes West, a distance of 90.0 feet to the Northeast corner of
Section 28;
2. thence along the North line of Section 28, North 89 degrees 49
West, a distance of 2,590.0 feet to the Northwest corner of the NE1/4
of Section 28;
3. thence along the West line of the NE1/4 of Section 28, South 0
degrees 24 minutes East, a distance of 40.0 feet;
4. thence South 89 degrees 49 minutes East, a distance of 2,512.1
feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of
71.2 feet to a point on the existing West County Road right of way;
6. thence South 89 degrees 49 minutes East, a distance of 28.0 feet,
more or less, to the point of beginning.
cam.
466
THIS DEED, Made this 25th
Ralph Nix Produce, Inc., a Colorado corporation
of the County of Weld and State of Colorado, grantor, and Owens Bros. Concrete Co., a
Colorado corporation
CORRECTION WARRANTY DEED 111111111111111111111111111111111111111111 Hill liii Ill
2895456 10129/2001 10:29A JA Suki Tsukamoto
day of October, 2001 between 1 of 2 R 10.00 D 0.00 Weld County CO
grantee:
whose legal address is 5550 Sheridan Blvd., Arvada, CO 80002
WITNESSETH: That the grantor, for and in consideration of the sum of ONE MILLION
TWO HUNDRED THOUSAND AND 00/100, ($1,200,000.00) DOLLARS, the receipt and sufficiency
of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm, unto the grantee, its
successors and assigns forever, all the real property together with improvements, if
any, situate,lying and being in the County of Weld and State of Colorado, described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR LEGAL DESCRIPTION AND MINERAL
RESERVATION
also known by street and number as Vacant Land, Weld County, Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise 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 grantor, 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 grantee, its successors and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
•
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has 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, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2001 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
THIS IS A CORRECTION DEED TO CORRECT THE LEGAL DESCRIPTION BY INCLUDING THE EXCEPTION
AND RESERVATION.OF MINERALS AS NOW APPEARS ON EXHIBIT "A" ATTACHED HERETO.
The undersigned Owens Bros. Concrete Co., a Colorado corporation, hereby agrees and.
accepts this Warranty Deed as a correction deed to the Warranty Deed dated -August 30,
2001 and recorded September 4, 2001 at Reception No. 2880172 of the Weld County
Records that wan given by Grantor to Grantee.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns,
against
all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
Ralph/ ix Produc d Inc., a Colorado
rp■ at ion
ETE CO . , A COLO
x, Vice —'resident
e, Assistant T}r asurer
ss. 'fie foregoing instrument was acknowledged before
rqt" of Weld } me this 25th day of October, 2001, by
"'''�� y BY: Ralph Nix, President and Jerry Nix, Vice -President
ofRalph Nix Produce, Inc., a Colorado corporation
My commission expires 10-17-2002
Witness my hand and official seal.
NQTARY PUBLIC
1113 Tenth Avenue
Greeley, COLORADO 80631
State of Colorado)
) ss.
County of Weld )
The foregoing instrument was acknowledged before me
October, 2001 by William M. Owens, Assistant Treas
Concrete Co., a Colorado Corporation.d .f.4(
Witness my hand and official.
My commission expires: 1O-17-2002
Notary Public
this 25th day of
wens Bros
MELINDA ..
BAESSLER
1111111111111111111111111111 11111111111 III VIII Ills llll
2895456 10/29/2001 10:29A JA Suki Tsukamoto
2 of 2 R 10.00 D 0.00 Weld County CO
ESCROW NO.: 8051023
DATE
October 24.2001
"EXHIBIT A"
LEGAL DESCRIPTION
The SW1/4 of the SE1/4 and the S1/2 of the SW1/4 of Section 28,
Township 3 North, Range 67 West of the 6th P.M., County of Weld, State
of Colorado,
EXCEPTING THEREFROM a parcel of land conveyed to The Department of
Highways, State of Colorado by deed recorded December 5, 1957 in Book
1491 at Page 158, more particularly described as follows:
The N1/2 of the NE1/4 of Section 28, Township 3 North, Range 67 West of
the 6th P.M., in County of Weld, State of Colorado, said tract or
parcel being more particularly described as follows:
Beginning at a point on the East line of Section 28, Township 3 Nc.-:th,
Range 67 West, from which point the Northeast corner of Section 28
bears North 0 degrees 32 minutes West, a distance of 90.0 feet;
1. thence along the East line of Section 28, North 0 degrees 32
minutes West, a distance of 90.0 feet to the Northeast corner of
Section 28;
2. thence along the North line of Section 28, North 89 degrees 49
West, a distance of 2,590.0 feet to the Northwest corner of the NE1/4
of Section -28;
3. thence along the West line of the NE1/4 of Section 28, South 0
degrees 24 minutes East, a distance of 40.0 feet;
4. thence South 89 degrees 49 minutes East, a distance of 2,512.1
feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of
71.2 feet to a point on the existing West County Road right of way;
6. thence South 89 degrees 49 minutes East, a distance of 28.0 feet,
more or less, to the point of beginning.
Grantor excepts and reserves to itself, its successors, assigns, and representatives all oil, gas, coal,
and other hydrocarbons owned by Grantor lying in, under, and upon and that may be produced from
the above -described property, together with rights of ingress, egress, and access to explore for,
remove, and produce the same, including all royalties and income from the existing oil and gas wells
and those hereafter drilled. This exception and reservation shall not include sand or gravel which
is hereby conveyeid transferred to Grantee, its successors and assigns.
111111N 31111111111111 11113111 III 11113 11112zS`=
8S1012912001
10:29A JA Suki mote
192.45 Weld County CO
1oF R 25.00 D
4S WARRANTY DEED
lyz. — 457
THIS EED, Made this 25th day of October, 2001 between
Ralph Nix Produce, Inc., a Colorado corporation
of the County of weld and State of Colorado, grantor, and Owens Brothers Concrete
Company, a Colorado corporation
a corporation organized and existing under and by virtue of the laws of the State of
COLORADO, grantee:
whose legal address is S55n Sheridan Blvd., Arvada, CO 80002
WITNESSETH: That the grantor, for and in consideration of the sum of ONE MILLION
NINE HUNDRED TWENTY FOUR THOUSAND FIVE HUNDRED AND 00/100, {$1,924,500.00) DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm, unto the grantee, its successors and assigns forever, all the real property
together with improvements, if any, eituete,lying and being in the County of weld end
State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF POR LL:GAL DESCRIPTION AND
FOR MINERAL RESERVATION.
also known by street and number as Vacant Land, , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise 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 ofthe grantor,
eiteither
n lauit law
q , of, in
and to the above bargained premises, with the
s.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its succesoors and assigns forever. And the grantor,
for himself, his heirs and personal repreaentativac, does covenant, grant. bargain,
and agree to and with the grantee, its aucceseors and assigns, that at the time of the
enscaling and delivery o£ these presents, he is well seized of the premises above.
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has 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 Eree and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes far 2001 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
See Exhibit "B" attached hereto far additional warranty exceptions.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the grantee, its Successors and assigns,
all and every person or persons lawfully claiming the whole or any part thereof.
against
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WXTNESS WH EOF, The grantor has executed this deed on the date set forth above.
BY)Je 7
ice-p#esident
STATE OF COLORADO
County of Weld
1Y!
}
} .
Ralph Nix Produce, Inc., a Colorado
corporation
The foregoing instrument was acknowledged before
me this 25th day of October, 2001, by
BY Ralph Nix, President and Jerry Nix, Vice -President
of Ralph Nix produce, Inc., a Colorado corporation
mv.eo)af §.}on expires 10-17-2002
''Witri6a ' y and and official seal.
• c.6P OR. i •
• SEAL
3-85
MELINDA
RAESSLER
TFQ F C� p -r
NOTARY PUBLIC
1113 Tenth Avenue
reeley, COLORADO 80631
SKLD, Inc. HT SKL18541 WE 2895457-2001.001
1111111111111111111111111111 IIII 1111111 III 11111 IIII IIII
2895457 1012912001 10:29A JA Suld ?sukamoto
2 of 5 R 25.00 D 192.45 Weld County CO
EXHIBIT "A"
WARRANTY DEED
LEGAL, DESCRIPTION
The N E 1 /4 and the N W1/4 of the S El /4 of Section 28, Township 3 North, Range 67 West of the 6th
I'.M.. County of Weld, State of Colorado,
EXCEPTING TI TER FERMI a parcel of land conveyed to'fhe Department ofhIighways, State of
Colorado by deed recorded December 5, E 957 in Rook 1491 at Page 158. more particularly described
as tOllows:
The N1/2 of the NE1/4 of Section 28, township 3 North, Range 67 West of the 6th P.M., in County
of Weld, State of Colorado, said tract or parcel being more particularly described as follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West, from which
point the Northeast corner of Section 28 hears North 0 degrees 32 minutes West, a distance of 90.0
feet
1. thence along the East line of Section 28. North() degrees 32 minutes West, adistance of 90.0
feet to the Northeast corner of Section 28;
2. thence along the North line of Section 28, North 89 degrees 49 West, a distance o12,590.0
feet to the Northwest corner of. the NE1l4 of Section 28;
thence along the West line of the Nlil/4 of Section 28, South 0 degrees 24 minutes East. a
distance of 40.0 feet;
4. thence South 8'3 degrees 49 minutes East. a distance of 2.512.1 feet;
5. tlieiice South 45 decrees 10 minutes 30 seconds Past, a distance of 71.2 feet to a point on the
existing West County Road right ot'way;
6. thence South 89 degrees 49 minutes East. a distance of 28.0 feet. more or less, to the point
of beginning.
I.SO EXCEPTING a parcel of land located in part of the SEI/4NE1/4 of Section 28, Township 3
North. Range 67 West of the 6th P. M., County of Weld. State of Colorado. and being more
particularly described as.
Considering the North line of the N El/4 of said Section 28 to bear South 89 degrees 34 minutes 43
seconds East, as monumented and shown on the plat, and all hearings contained herein relative
thereto:
1.3eginning at the East Quarter corner of said Section 28;
thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of said Section
28 to a point;
thence South 89 degrees 42 minutes 28 seconds West. 325.40 feet;
thence South 00 degrees 17 minutes 32 seconds East, 267.08 feet to a point on the South line of the
NE1/4 of.'said Section 28;
thence South 89 degrees 3 I minutes f15 seconds East, 325.45 feet to the Point of Beginning.
TOGETHER 'NMI One Share of the bast Chance Ditch stock and three irrigation wells adjudicated
in Case No. W3351, Colorado Water Court, Division I, and described as Well 41 No. 9705F and
Well 43 No. At) 2647 and Well 6 No, AD 26441),
Grantor excepts and reserves to itself, its successors, assigns, and representatives all oil, gas, coal,
end other hydrocarbons owned by Grantor lying in, under, and upon and that may he produced from
the above -described property, together with rights of ingress, egress, and access to explore for.
remove, and produce the same, including, till royalties and income from the existing oil and gas wells
and those hereafter drilled. This exception and reservation shall not include sand or gravel which
is hereby conveyed and transferred to Grantee, its successors and assigns.
V].iiW .;j�l•.�
SKLD, Inc. HT SKL18541 WE 2895457-2001.002
SCHEDULE B
EXCEPTIONS
I 111111 111111111111 IIII 11111 IIII 1111111 III 11111 IIII IIII
2895457 10/29/2001 10:29A JA Suki 7sukam oto
3 of 5 R 25.00 D 192.45 Weld County CO
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of casements, not shown by the public
records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, anti any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material
theretofore or hnroafter furnished, imposed by law and not shown
by the public records.
b. Jcfects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the_ public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acgdires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
Note: The above exception will not appear on policies where
closing and settlement Lau been performed by the company.
a. Taxes due and payable: and any tax, special assessments, charge
or lien imposed for water or sewer service, or, for any other
-rams1 razing district.
b. Any -and all. unredeemed tax sales, if any.
Note:Upon receipt of a Certificate of Taxes Due evidencing that
there -are no existing open tax sales, the above exception 6b will
not appear on the policy to be issued hereunder. -
7. Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in rT_.C_ patent recorded May 10, 1898 in look
132 a4 Page 306 (Affects W1/2NE1/4) and July 22, 1889 in Book 34
at Pace 329 (Affects NW1/4SE1/41.
8. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded May 7, 1892 in Book 51 at Page 169 (Affects E1/2E1/2).
9. Easement and right of way for Nelson Buil Drain Ditch as contained
in Agreement recorded August 7, 1942 in Bock 1097 aL Page 236, in
which Lhe specific location is not defined.
10. Oil and gas lease between Strong & Herren Farms, Inc_ end Energy
Mineral Corporation dated July 1, 1970, recorded August 24, 1970
in Book 631 as Reception No. 1553498, and any interests therein or
rights thereunder.
Note:
Note:
Noto:
(voce:
Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, a Delaware corporation, recorded
June 6, -.975 in Bock 740 as Reception No. 1662242.
Extension of the above lease as claimed by Affidavit of
Production, pursuant Lu CRS 38-42-104, by Amoco
Production Company, a Delaware corporation, recorded
April 16, 1976 in Bock 764 as Reception (io. 1696105.
Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 30-42-106, by s000
Wattcnberg Corporation, recorded January 21, 1394 in
Book 1423 as Reception No. 2370278.
Extension of the above lease as claimed by Affidavit of
Production. pursuant to CPS 38-42-106, by SOLO
Wattenberg Corporation, recorded February 24, 1994 in
Book 1428 as Reception No. 2375297, and June 5, 2000 as
Reception No. 2772070 and September 17, 2001 as
Reception No. 2884211.
Note; Extension of the above lease Se claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Patina Did &
Gas Corp., recorded May 7, 20.01 as Reception No.
2946605.
(Affects NE_/4)
SKLD, Inc. HT SKL18541 WE 2895457-2001.003
I11111111111111111 IIII 11111 IIII 1111111111111 IIII 1HI
SCHEDULE D
EXCEPTIONS
2895457 10/29/2001 10:29A JA Suki Tsukamoto
4 of 5 R 25.00 0 192.45 Weld County CO
11. Oil and gas lease between Strong & Herren Farms, Inc. and Energy
Mineral Corporation dated July 1, 1970, recorded August 24, 197G
in Book 631 as Reception No. 1553495, and any interests therein or
rights thereunder.
Note:
Note:
Note:
Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-108, by Amoco
Production Company, a Delaware corporation, recorded
Jury:: 4, 1975 in Book 740 as Reception No. 1662242.
Extension of the above lease ds claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, a Delaware corporation, recorded
April 16, 1976 in book 764 as Reception ?lo. 1586185.
Extension of the above lease as claimed by Affidavit of
Production, pursuant tc CRS 3H-42-106, by SOCO
Wattenberg Corporation, recorded February 28, 1992 in
Book 1327 a6 Reception ho. 02279593.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by SOCO
Wattenberg Corporation, recorded November 12, 1993 in
Book 1411 as Reception No. 235949& cod Juno 5, 2062 00
Reception No. 2772670 and September 17, 2201 as
Reception No. 2864211.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursr:anI La CRS 18-42-1655, by Patina Oil &
Gas Corp., recorded May 7, 2001 as Reception. Nc,
2846805.
(bffects SE1/4)
12. Right of way, whether in fee or easement only, to lay, maintain,
inspect, repair, replace, lower, erected, change the size of,
operate and remove a single pipe line for the transmission of oil,
goo and other substances thoroin, granted to Panhandle Eastern
Pipe Line Company, a Delaware Corporation by Strong !arms, Inc'..
'formerly Strong and. Herren Farms, Inc., a Colorado Corporation by
instrument recorded. October 4, .167.7 in Rook 701 as Reception Nu.
1522536, in which the specific location of the easement is not
defined-
. (Affects O11 of SajeCt property)
13. Righ_ of way, whether in fee or easement only, to lay, maintain,
inspect, repair, replace, lower, erected, change the size of,
operate and remove a single pipe line, pipeline markers, valves,
iauncherc, receivers and test leads, to the transmission of nil,
gas and other a'.tletences, granted to Panhandle Eastern Pipe Line
Company, a Delaware Corporation by Strong Farms, Inc. formerly
Strong and Herren =arms, Inc., a Colorado Corporation by
instrument recorded July 17, 1°74 in Book 719 as Reception No.
1640755, is which the specific location of the easement is not
eefir.ed .
AL`ects 501/4Y
l4. Right of way, whether in fee or easement (Duly, to lay, maintain,
ir_apee.:, repair, replace, lower, erected, chance the size of,
operate and remove a single pipe line, pipe.l.ine markers, valves,
launchers, receivers ,.nd test leads, for the transmission of oil,
gas and other substances, granted to Panhandle Eastern Pipe Line
Company, a Delaware Corporation by Strong Farms, Inc. formerly
Strong and Herren Farms, Inc., a Colorado Corporation by
instrument recorded October 31, 1974 in Rook 72G as Reception No.
1647748, in which the specific location of the easement is not
defines.
IAffcnts SE1/4)
15. Rignt of way, whether in Lee 01 easement only, to lay, maintain,
unspoct, repair, replace, lower, erected, change the size of,
operate and remove a single pipe line, pipeline markers, valves,
launchers, receivers and test leads, for Li::: transmission of oil,
gas and other substances, granted to Panhandle Eastern Pipe Line
Company, a Delaware Corporation by Strong Varna, inc., a Colorado
Corporation by instrument recorded January 1.9, 1.976 in Book 757 as
deception No. 1079216, in which the specific location of the
easement is not defined.
:Affects all of subject property)
16. Right of way, whether in fee or easement only, for natural gas
meter and regulator facilities, pipeline, odorization facilities
,,:id all o'u=her necessary and related facilities for use in
connection with natural cas pipelines, as granted to Colorado
Interstate Gas Company, a Delaware corporation by Strong Farms,
inc., recorded June 21, 1977 in Book 890 as Reception No. 1722393,
affecting the following described property:
As more particularly described in said instrument.
SKLD, Inc. HT SKL18541 WE 2895457-2001.004
SCHEDULE B
EXCEPTIONS
I !Bill Bill lllllll llll IIIII rill 111111 III lllll llii !iii
2895457 10/2012001 10:29A JA Suki Tsukamoto
5 of 5 R 25.00 t] 192.45 Weld County CO
17. Right of way, whether in fee or easement only, to lay, maintain,
inspect, repair, replace, lower, erect, change the size of,
operate and remove two pipe lines, pipeline markers, valves,
launchers, receivers and test leads, for the transmission of oil,
gas and other substances therein, granted to Panhandle Eastern
Pipe Line Company, a Delaware Corporation by Strong Farms, Inc., a
Colorado Corporation by instrument recorded 'lily le, 1977 in book
993 as Reception Nn. 172.4789, in which the specific: location of
the easement is not defined.
(Affects SG71/4551/4)
18. Rignt of way, whether in fee or easement only, to lay, maintain,
inspect, replace, erect, operate and remove one pipeline and such
drips, valves, fittings, meters, and other equipment
appurtenances, granted to 5OCC Wattenberg Corporation by Strong
Farms, Inc. by instrument recorded December 13, 1591 is Book 1220
as Reception No. 02272190, in which the specific location of the
casement is not defined.
(Affects SW1/4SE1/41
19. Reservation as contained in deed from Strong farms, Inc., a
:toinrado Corporation to Ralph Nix Produce. :nc., a Colorado
;-:nrperatien, recorded November 13, 1992 in Book 1358 as Reception
No. 02310910 and any interests therein or r'ghts thereunder, as
follows: Reserving However, unto Grantor a lifetime estate in Lhe
existing all and gas production with such production right❑
reverting to Grantees, their heirs, successors and assigns at the
tine of Mr. Curtis Strong's death. Any future exploration and
product inn shall he the sole property of the Grantees, beginning
September 18, 1992-
20. Right of way, whether in fee or easement only, for pipeline and
appurtenances, granted to SOLO Wattenberg Corporation by Ralph Nix
rroduce, Inc. by instrument recorded Mann!: 3, :993 in Book 1372 as
Reception Na. 2323e69, in which the specific location of the
'easement is not defined.
NOTE: Ratification recorded May _3, 1936 in Nook 7549 as
Reception No. 2489076..
;Affects SE174(
21. Right of way, whether in fee or easement only, for pipeline and
appurtenances, granted to Snyder Oil Corporation by Ralph Nix
Produce, Inc. by instrument recorded Cecember 27, 1993 in Book
1418 a, Reception No. 23665712, in which the specific location of
the easenent is no defined.
(Affects 381/4)
22. Night of way, whether in fee or easement only, for pipeline and
appurtenances, granted to Snyder O11 Corporation by Ralph Nix
i'roduce, Inc. by instrument recorded August 1.6, 1994 in Book 1454
as Reception No. 2402537, in which the specific location o1 the
easement is not defined.
(Affects SE1/4i
23. Right of way, whether in fee or easement only, for pipeline and
appurtenances, as granted to Duke Energy Field Services Assets,
by Ralph Nix Produce, Inc., in the instrument recorded October
5, 2000 as Reception No. 2790193, the location of which is shown
in the map attached to said instrument
24. Matters of Survey recorded April 9, 2001 as Reception No, 2838719.
28. Matters of Survey, as shown on ALTA/ACSM Land Title .Survey by
Riles and Associates, Inc., dated March 21, 2001 and revisions
done August 24, 20C1, Job No. Nix•0_01.
SKLD, Inc. HT SKL18541 WE 2895457-2001.005
1111111 nm iiiii iiw 11111 iini 111111 iii nm
3223148 09/29/2004 01:18P Weld County, CO
1 of 4 R 21.00 ti 10.37 Steve Moreno Clerk & Recorder
SPECIAL WARRANTY DEED
THIS DEED, is made, entered into and effective the 28th day of September, 2004, between
OWENS BROS. CONCRETE CO., a Colorado corporation whose legal address is 5550
Sheridan Boulevard, Arvada, Colorado 80002, of the County of Adams and State of Colorado
("Grantor"), and
READY MIXED CONCRETE COMPANY, a Colorado corporation whose legal address is
4395 Washington Street, Denver, Colorado 80216 ("Grantee").
WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm unto the Grantee and Grantee's successors and assigns forever, all the real property, together
with improvements, if any, situate, lying and being in the County of Weld, and State of Colorado,
described as follows:
SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE
INCORPORATED HEREIN.
Also known by street and number as: vacant land and 8133 County Road 28, Platteville, Weld
County, Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in
anywise 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 Grantor,
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 Grantee and Grantee's successors and assigns forever. And the Grantor, for
Grantor and its successors and assigns, does covenant, grant, bargain and agree to and with the
Grantee and Grantee's successors and assigns, that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current
year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and
rights -of -way of record, if any.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the Grantee and Grantee's successors and assigns, against all
and every person or persons lawfully claiming the whole or any part thereof by, through or under
Grantor.
I 111111 11111 11111 111111 11111 11111111111 III nisi liii liii
3223148 09/29/2004 01:18P Weld County, CO
2 of 4 R 21.00 0 10.37 Steve Moreno Clerk & Recorder
The singular number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
OWENS BROS. CONCRETE CO.
STATE OF COLORADO
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this O2 day of , 2004, by
fl P ae/Fecve-as , as 774..0-14„,•&-d of
Witness my hand and official seal.
K�FN
r' OTARW
PuBLic
OF GO'
Lary Public
-265,12
My commission expires:
I 111111 111111111111111111111 I11I1111111III 1111111111111
3223148 09/29/2004 01:18P Weld County, CO
3 of 4 R 21.00 D 10.37 Steve Moreno Clerk & Recorder
Exhibit A
To
Special Warranty Deed
LEGAL DESCRIPTION
Parcel 1:
The NE1/4 and the NW1/4 of the SE1/4 of Section 28, Township 3 North, Range 67 West, 6th
P.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways, State of
Colorado by Deed recorded December 5, 1957 in Book 1491 at Page 158, more particularly
described as follows:
The N1/2 of the NE1/4 of Section 28, Township 3 North, Range 67 West of the 6th P.M., in
County of Weld, State of Colorado, said tract or parcel being more particularly described as
follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West, from
which point the Northeast corner of Section 28 bears North 0 degrees 32 minutes West, a distance
of 90.0 feet;
1) thence along the East line of Section 28, North 0 degrees 32 minutes West, a distance of
90.0 feet to the Northeast corner of Section 28;
2) thence along the North line of Section 28, North 89 degrees 49 West, a distance of 2,590.0
feet to the Northwest corner of the NE1/4 of Section 28;
3) thence along the West line of the NE1/4 of Section 28, South 0 degrees 24 minutes East, a
distance of 40.0 feet;
4) thence South 89 degrees 49 minutes East, a distance of 2,512.1 feet;
5) thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet to a point on
the existing West County Road right of way;
6) thence South 89 degrees 49 minutes East, a distance of 28.0 feet, more or less, to the
point of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE1/4NE1/4 of Section 28, Township 3
North, Range 67 West, 6th P.M., County of Weld, State of Colorado and being more particularly
described as:
Considering the North line of the NE1/4 of said Section 28 to bear South 89 degrees 34 minutes
43 seconds East, as monumented and shown on the plat, and all bearings contained herein relative
thereto:
Beginning at the East Quarter corner of said Section 28;
thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of said
Section 28 to a point;
thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
thence South 00 degrees 17 minutes 32 seconds East, 267.08 feet to a point on the South line of
the NE1/4 of said Section 28;
thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the Point of Beginning.
Also known as street and number as: vacant land.
Assessor Tax Parcel: 120928000005
I/Il/li1111111111
3223148 09129/2004l I/Ill 111111111111111111/Ill
4 4 01.18P Weld 111111111111liii C D 10.37 Steve Moreno County, CO
Parcel 2: M�+'eno Clerk & Recorder
The SW1/4 of the SE1/4 and the S1/2 of the SW1/4 of Section 28, Township 3 North, Range 67
West, 6th P.M., County of Weld, State of Colorado.
Also known as street and number as 8133 County Road 28, Platteville, Colorado 80651
Assessor Tax Parcel: 12092800006
The singular number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
OWENS BROS. CONCRETE CO.
STATE OF COLORADO
) ss.
COUNTY OF .r -!c
Thee foregoing instrument was acknowledged before me this ' day of
/ thar€fFewle- is , as Tte-sr , of Open
Witness my hand and official seal.
tary Public
My commission expires:
• lE uBLic: 'O
• OF COQ
2004, by
r
/4 2O 2
Page 44 of 126
Exhibit A
To
Special Warranty Deed
LEGAL DESCRIPTION
Parcel 1:
The NE1/4 and the NW1/4 of the SE1/4 of Section 28, Township 3 North, Range 67 West, 6th
P.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways, State of
Colorado by Deed recorded December 5, 1957 in Book 1491 at Page 158, more particularly
described as follows:
The N1/2 of the NE1/4 of Section 28, Township 3 North, Range 67 West of the 6th P.M., in
County of Weld, State of Colorado, said tract or parcel being more particularly described as
follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West, from
which point the Northeast corner of Section 28 bears North 0 degrees 32 minutes West, a distance
of 90.0 feet;
1) thence along the East line of Section 28, North 0 degrees 32 minutes West, a distance of
90.0 feet to the Northeast corner of Section 28;
2) thence along the North line of Section 28, North 89 degrees 49 West, a distance of 2,590.0
feet to the Northwest corner of the NE1/4 of Section 28;
3) thence along the West line of the NE1/4 of Section 28, South 0 degrees 24 minutes East, a
distance of 40.0 feet;
4) thence South 89 degrees 49 minutes East, a distance of 2,512.1 feet;
5) thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet to a point on
the existing West County Road right of way;
6) thence South 89 degrees 49 minutes East, a distance of 28.0 feet, more or less, to the
point of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE1/4NE1/4 of Section 28, Township 3
North, Range 67 West, 6th P.M., County of Weld, State of Colorado and being more particularly
described as:
Considering the North line of the NE1/4 of said Section 28 to bear South 89 degrees 34 minutes
43 seconds East, as monumented and shown on the plat, and all bearings contained herein relative
thereto:
Beginning at the East Quarter corner of said Section 28;
thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of said
Section 28 to a point;
thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
thence South 00 degrees 17 minutes 32 seconds East, 267.08 feet to a point on the South line of
the NE1/4 of said Section 28;
thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the Point of Beginning.
Also known as street and number as: vacant land.
Assessor Tax Parcel: 120928000005
Page 45 of 126
y k n
Parcel 2:
The SW 1/4 of the SE 114 and the S1/2 of the SW 1/4 of Section 28, Township 3 North, Range 67
West, 6th P.M., County of Weld, State of Colorado.
Also known as street and number as 8133 County Road 28, Platteville, Colorado 80651
Assessor Tax Parcel: 12092800006
Page 46 of 126
DR 1083 109/96)
Colorado Department of Revenue
1375 Sherman Sheet
Denver, Colorado 80261
INFORMATION WITH RESPECT TO A CONVEYANCE
OF A COLORADO REAL PROPERTY INTEREST
1. Name(s) and address of transferor(s) OWENS BROS. CONCRETE CO., A
'COLORADO CORPORATION,
2. Transferor is (check one) _ individual estate other (specify)
xxx corporation trust a Colorado limited liability limited partnership
3. Social Security Number(s) if or Colorado account number of transferor:
4. Federal employer identification number of transferor:
—Os'7 ti3,O
5. Type of property sold COMMERCIAL
6. Address or legal description of property 8133 COUNTY ROAD 28, PLATTEVILLE,
CO 80651,
7. Date of Closin
8. Selling price of property $ / ' 3j 6S6--, C P
9. Selling Price of this transferor's interest !'C
10. If Colorado tax was withheld, check here:
11. Amount of tax withheld $
12. If withholding is not made, give reason (check one)
a. Affirmation of Colorado residency signed
6/-
b. Affirmation of permanent place of business
c. Affirmation of principal residence signed
d. Affirmation of partnership signed
e. Affirmation no tax reasonable estimated to be due
Or no gain on sale signed
1. No net proceeds
13. Name, address and telephone number of title insurance company or other person
providing closing and settlement services with respect to this transfer:
Lawyers Title Insurance Company
1099 18th Street, Suite 2850
Denver, Colorado 80202
Case No. DLC 10467014
File this form together with form 1079, if applicable, within 30 days of the closing date with the
Page 47 of 126
AFFIRMATION OF COLORADO RESIDENCY
I(we)hereby affirm that I am (we are) the transferor(s) of the transferor of the property described on
this Form 1083 and that as of the date of closing I am (we are) or the estate or the trust is a resident of
the State of Colorado.
Signed under the penalf pe
signature of fiduciary date
signature of fiduciary
date
AFFIRMATION OF PERMANENT PLACE OF BUSINESS
I hereby affirm that the transferor of the property descried on this Form 1083 is a corporation which
maintains a permanent place of business in Colorado.
BY:
signature of corporate officer date
AFFIRMATION OF SALE BY PARTNERSHIP
I hereby affirm that the transfer of property described on this Form 1083 was sold by an organization
defined as a partnership under section 761(a) of the Internal Revenue Code and required to file an annual
federal partnership return of income under section 6031(a) of the Internal Revenue Code.
Signed under the penalty of perjury:
signature of general partner date
AFFIRMATION OF PRINCIPAL RESIDENCE
I(we) hereby affirm that I am (we are) the transferor(s) of the property described on this Form 1083 and
immediately prior to the transfer it was my (our) principal residence which could qualify for the roll over
of gain provision of section 1034 of the internal revenue code.
Signed under the penalty of perjury:
signature of transfer date
spouse's signature if applicable date
AFFIRMATION OF NO REASONABLY ESTIMATED TAX TO BE DUE
I(we) hereby affirm that I am (we are) the transferor(s) or an officer of the corporate -transferor or a
fiduciary of the estate or trust -transferor of the property described on the front side of this form, and I
(we) further affirm that there will be no Colorado income tax reasonably estimated to be due on the part
of the transferor(s) as the result of any gain realized on the transfer.
PLEASE UNDERSTAND BEFORE YOU SIGN THIS AFFIRMATION THAT NONRESIDENTS
OF COLORADO ARE SUBJECT TO COLORADO TAX ON GAINS FROM THE SALE OF
COLORADO
REAL ESTATE TO THE EXTENT SUCH GAINS ARE INCLUDED IN FEDERAL TAXABLE
INCOME.
signature of transferor, officer or fiduciary date
spouse's signature if applicable date
Page 48 of 126
SELLER ' S AFFIDAVIT
STATE OF
COUNTY OF
I, FYt (Csrvt
say as follows:
1. I am the Pi Er Sr 1)M w T of the corporation acting as the seller (Seller) of an
interest in real property (Property) described as the insured land under title
insurance commitment no. 10467014 (Commitment) issued by or on behalf of
Lawyers Title Insurance Company (Title Company), and have full and proper
authority to make this affidavit. Furthermore, I have personal knowledge of the
facts asserted herein, or I have acquired such knowledge by due and diligent
investigation of all relevant records and inquiry of persons who I deem reliable who
have such personal knowledge.
) ss.
, being duly sworn under oath hereby depose and
2. There are no leases, tenancies, options or rights of first refusal to purchase the
Property, or any part thereof or interest therein that are not now shown on the
Commitment, except: (See Attachment)
if none, please initial here:
0,70
3. There are no recently executed deeds, contracts, leases, easements, mortgages
or other security interests affecting the Property, or any part thereof or interest
therein, whether or not recorded, that are not now shown on the Commitment,
except:
If none, please Initial here:
4. No labor or materials have been furnished to the Property for improvements within
the fast 120 days, nor have any contracts been entered into for such
improvements, except:
if none, please initial here: J%(/
5. Other than items to be paid at the closing, there are no taxes or assessments
which are due or about to become due, or which have attached, or about to
become attached, as a lien affecting the Property, that are not now shown on the
Commitment, except:
If none, please initial here:
,r)
Page 49 of 126
6. There are no Judgments against the Seller that could claim any lien upon the
Property, or legal actions now proceeding in which the Seller is a party in any State
or Federal Court that could affect any interest in the Property, or claim any
objection to the proposed sale of the Property, that are not now shown on the
Commitment, except:
If none, please initial here: /dam
7, The partnership or corporation that is the Seller is in good standing under
applicable laws, there are no actions for bankruptcy, receivership or insolvency
pending in any State or Federal Court affecting the Seller, and the contemplated
sale of the Property by said entity is pursuant to proper authority.
8. All service, installation, connection, maintenance or construction charges for
sewer, water, electricity or garbage collection or disposal, or other utilities which
are due or which accrue before the day of closing of the sale will be paid by Seller
directly either at the closing or upon subsequent notification by the purchaser.
I make this affidavit under penalties of perjury and for the purpose of inducing the Title
Company to issue a title insurance policy on the day of closing in conformance with the
Commitment, free and clear of any general exceptions for parties in possession or
unrecorded mechanic's lien claims. The Seller agrees to hold the Title Company
harmless from loss or claims based on title insurance policies issued in reliance upon this
affidavit and arising from inaccuracy in these assurances.
Dated: •Er
OWENS BROS. CONCRETE CO., A
COLORADO CORPORATION
THE FOREGO G INSTRUMENT WAS ACKNOWLEDGED before me this .c -o day of Ate arv-ffe-t'
2004, by: L rl•Ket E' [`J� W to n.s as i---es i-'t of
Owens Family Limited Partnership, L.L.L.P„ A Colorado limited liability limited partnership
jPrint or type name]
Notary Public in and for the State of
residing at
My appointment expires
SELLER'S AFFIDAVIT Page2
Page 50 of 126
REAL PROPERTY TRANSFER DECLARATION
(TD -1000)
• GERERAL INFORMATION
PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fax and uniform assessments
for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statues (C.R.S.).
REOUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation
must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee
(buyer), Refer to 39-14-102(1)(a), C.R.S.
PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder
notifies the county assessor who will send a notice to they buyer requesting that the declaration be returned within thirty days after the notice is mailed.
If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of
$25.00 or .025p (.0025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the
declaration until the property is sold. Refer to 39-14-102(1)(6), C.R.S.
CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is
only available to the seller if the seller filed the Declaration, information derived from the Real Property Transfer Declaration is available to any
taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5.121.5, C.R.S. and 39-13-102(5)(c), C.R.S,
1. Address and/or legal description of the real property sold. (Please do not use P.O. box number
8133 COUNTY ROAD 28, PLATTEVILLE, COLORADO 80651
2. Type of property purchased. 0 Single Family Residential El Townhome ❑ Condominium ❑ Multi -Unit Res
El Commercial ❑ industrial 4 Agricultural O Mixed Use O Vacant Land El Other
3. Date of closing: September,W004
4. Total Sales Price: including all real and personal property, $ 1 C3.Sd$ x • o+
5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free
standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be
for the real property as per 39-13-102, C.R.S.
O Yes ix No If yes, approximate value $ Describe
6 Did the total sale puce include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or
services as of the date of closing.
❑ Yes [L No If yes, value 5
if yes, does this transaction involve a trade under IRS Code Section 10317 El Yes O No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
ac Yes O No If no, Interest purchased
B. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same
family, business affiliates, or affiliated corporations.
O Yes V, No
9. Check any of the following that apply to the condition of the improvements at the time of purchase.
O New ❑ Excellent Li Good Es" Average El Fair El Poor ❑ Salvage.
If the property is financed, please complete the following:
10. Total amount financed. $0.00
11. Type of financing. (Check all that apply)
❑ New ❑ Assumed ❑ Seller ❑ Third Party
El Combination; Explain
[2. Terms: ❑ Variable; Starting interest rate
Terms: ❑ Fixed; Interest rate
Length of time years
Balloon payment O Yes O No; Amount Due Date
13. Please explain any special terms, seller concessions, or financing and any other information that would help the
Assessor understand the terms of the sale.
Page 51 of 126
REAL PROPERTY TRANSFER DECLARATION
(TD -1000)
For properties
the questions
14.
15.
16.
other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete
14-16 if applicable. Otherwise, skip to #17 to complete.
Did the purchase price include a franchise or license fee? ❑ Yes [l No
If yes, franchise or license, fee value? $
Did the purchase price involve an installment land contract? ❑ Yes q No
If yes, date of contract
If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the
closing? 7...., Yes O No
Remarks: Please include any additional information concerning the sale you may feel is important
17.
Signed on this y of 7A6 Please designate buyer or seller.
Matting Address
//
Signature of Grantee (Buyer) O or Grantor (Seller) �,s��J`�,�t fk 0;4/
243.-.449e144 42-/0.. 7e5:LZ-•--
Daytimne Phone `3' ' ^ yZ i' g-7
Page 52 of 126
SUBSTITUTE FORM 1099 S
This is important tax information and is being furnished to the Internal Revenue Service. If you are
required to file a return, a negligence penalty or other sanction will be imposed on you if this item is
required to be reported and the Internal Revenue Service determines that is has not been reported.
Note: This form is for use only by Transnation Title Insurance Company.
Do not mail to Internal Revenue Service.
1. Name of Branch, Agent, Approved Attorney
Lawyers Title Insurance Company
1099 18`s St. #2850
Denver, CO 80202
303-291-3300
2. Case/File No. 3. Agent/Dept. No. 4. Tax ID No.
DLC 104670/4 15803 540278740
5. Seller name (Recipient) (Last Name First)
OWENS BROS. CONCRETE CO., A COLORADO CORPORATION
B. Seller forwarding address
7. City 8. State
9. Zip
c c?
10. Tax ID No.
11. Property Description (Address) 8133 COUNTY ROAD 28, PLATTEVILLE,
COLORADO 80651
12. Gross proceeds X $ ( o Sa •
13. Check line if consideration other than cash was or will be received.
14. Closing date 15. Buyers part of real estate tax
September _ , 2004
N/A
Seller is required by law to provide the correct taxpayer identification number. If correct taxpayer
identification number is not provided, then he/she may be subject to civil or criminal penalties imposed
by law.
Under penalties of perjury, I certify that the taxpayer identification number shown in this statement is
my correct taxpayer identification number.
OWENS BROS CONCRETE CO, A COLORADO CORPORATION
BY
Page 53 of 126
Seller's Certification of Nonforeign Status
Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real
property interest must withhold tax if the transferor (seller) is a foreign person. For U.S. tax
purposes (including §1445), the owner of a disregarded entity (which has legal title to a U.S. real
property interest under local law) will be the transferor of the property and hot the disregarded
entity. To inform the transferee that withholding of tax is not required upon the transfer of the
U.S. real property interest by
("transferor") , the undersigned hereby certified the following (if transferor is an entity,
on behalf of the transferor):
A. INDIVIDUAL TRANSFEROR(S)
1. I am not a nonresident alien for purposes of United States income taxation,
2. My U.S. taxpayer identification number (social security number) is
and
3. My home address is:
B. CORPORATION, PARTNERSHIP, TRUST, OR ESTATE TRANSFEROR(S)
1. Transferor is not a foreign corporation , foreign partnership, foreign trust, or foreign
estate (as those terms are defined in the U.S. Internal Revenue Code and Treasury
Department Regulations);
2. Transferor is not a disregarded entity as defined in § 1.1445-2(b)(2)(iii);
3. Transferor's U.S. taxpayer identification number is
and
4. Trans -ins office address is
C. The transferor understands that this certificate may be disclosed to the Internal Revenue
Service, that any false statement contained in this certificate may be punished by fine or
imprisonment or both, that transferee is relying on this certificate in determining whether
withholding is required, and that transferee may face liabilities if any statement in this
certificate is false.
D. Transferor hereby indemnifies transferee from any liability or cost which transferee may
incur as a result of (1) the Seller's failure to pay any U.S. Federal income tax which such
transferor is required to pay under applicable U.S. law, or (2) any false or misleading
statement contained in this certification.
Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge
and belief it is true, correct and complete (and, for an entity transferor, I further declare that I have the
authority to sign this document on behalf of transferor.
OWENS BROS. CONCRETE CO., A COLORADO
CORPORATION
Dat
Signs
printed na
na
Title (if signed on behalf of an entity transferor)
Revised 1/1/04
Page 54 of 126
LEGAL DESCRIPTION
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
LAND PARCEL DESCTRIPTION
1. The NE1/4 and NW1/4 of the SE1/4 of Section 28, Township 3 North, Range 67 West, 6th
P.M., County of Weld, State of Colorado/
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways,
State of Colorado by Deed recorded December 5, 1957 in Book 1491 at Page 158, more
particularly described as follows:
The N1/2 of the NE1/4 of Section 28, Township 3 North, Range 67 West of the 6th P.M., in
County of Weld, State of Colorado, said tract or parcel being more particularly described
as follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West,
from which point the Northeast corner of Section 28 bears North 0 degrees 32 minutes
West, a distance of 90 feet;
1. thence along the East line of Section 28, North 0 degrees 32 minutes West, a
distance of 90 feet to the Northeast corner of Section 28;
2. thence along the North line of Section 28, North 89 degrees 49 West, a
distance of 2,590.0 feet to the Northwest corner of the NE1/4 of Section 28
3. thence along the West line of the NE1/4 of Section 28, South 0 degrees 24
minutes East, a distance of 40.0 feet;
4. thence South 98 degrees 49 minutes East, a distance of 2512.1 feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet
to a point on the existing West County Road right of way;
6. thence South 89 degrees 49 minutes East, a distance of 28.0 feet, more or
less, to the point of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE1/4 NE1/4 of Section 28,
Township 3 North, Range 67 West, 6th P.M., County of Weld, State of Colorado and being
more particularly described as:
Considering the North line of the NE1/4 of said Section 28 to bear South 89 degrees 34
minutes 43 seconds East, as monumented and shown on the plat, and all bearings
contained herein relative thereto:
Beginning at the East Quarter corner of said Section 28;
Thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of
said section 28 to a point;
Thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
Thence South 00 degrees 17 minutes 32 seconds East, 267.08 feet to a point of the South
line of the NE1/4 of said Section 28;
Thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the point of
beginning.
Also known as street and number as: vacant land.
Assessor Tax Parcel: 120928000011
Nix- Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit A - 1
2. The SW1/4 of the SE1/4 and the 5112 of the SW1/4 of Section 28, Township 3 North,
Range 67 West, 6th P.M., County of Weld, State of Colorado
Also known as street and number as 8133 County Road 28, Platteville, Colorado 80651
Assessor Tax Parcel: 120928000006
MINING PERMIT BOUNDARY
SEE COVER SHEET OF DRMS PLANS (ATTACHED)
Nix- Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit A - 2
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