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Home My WebLink About20162116.tiffSPECIAL WARRANTY DEED �YS THIS SPECIAL WARRANTY DEED, is made as of the3 j day of July, 1997, between WASTE SERVICES COMPANY, a Colorado general partnership, whose legal address is P.O. Box 3365, Greeley, Colorado 80633, Attention: Bradley C. Keirnes, of the County of Weld, State of Colorado, as the "Grantor," and WASTE MANAGEMENT OF COLORADO, INC., a Colorado corporation, whose legal address is 3900 South Wadsworth Blvd., Suite 800, Lakewood, Colorado 80235, Attn: William A. Jeffry, Area General Counsel, of the County of Jefferson, State of Colorado, as the "Grantee": WITNESSETH, that the Grantor, for 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, its successors and assigns forever, a 4.04% undivided interest in and to the real property, together with all improvements, all fences, cattle guards and windmills as now installed thereon, and all fixtures located thereon, situated, lying and being in the County of Weld and State of Colorado, which is legally described on Exhibit A attached hereto and incorporated herein by this reference; TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining (including, without limitation, those described on Exhibit A hereto), 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 (collectively, the "Property"; the entire fee interest in the real property described on Exhibit A, together with the appurtenances and other interests related thereto, as described above, is sometimes referred to hereinafter as the "Site"); TO HAVE AND TO HOLD the said Property above bargained and described unto the Grantee, its successors and assigns forever. The Grantor, along with Waste Services Development Corporation, a Colorado corporation, and Keirnes Investment Co., LLC, a Colorado limited liability company (together the "Warranting Partners"), which are general partners of Grantor, do hereby covenant and agree that they shall and will, jointly and severally, WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under (i) either or both of the Warranting Partners or (ii) the Grantor because of actions or omissions of either or both Warranting Partners. The foregoing warranty is subject, however, to those matters set forth on Exhibit B attached hereto and incorporated herein by this reference. Grantee (which prior to the date hereof has also been a general partner of Grantor) does not make or undertake the foregoing warranty and shall not have any liability therefor, and any party ever benefitting from the foregoing warranty may not enforce the same by any recourse to or recovery against Grantee or any assets of the Grantor distributed or conveyed to Grantee. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. This Deed has been made in conjunction with another special warranty deed of even date herewith whereby the Grantor has conveyed a further 95.96% undivided ownership interest in the Site to the Grantee. It is intended that this Deed and the other special warranty deed, when taken together, shall vest in Grantee the entirety of the Site and all right, title and interest therein. 2561945 B-1619 P-997 08/05/1997 03:5IP PG 1 OF 7 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 36.00 411.90 227430.1 RCF 07/28./97 11:12 an. Page 1 IN WITNESS WHEREOF, the Grantor has made this Deed as of the date set forth above. GRANTOR: WASTE SERVICES COMPANY, a Colorado general partnership By: Waste Services Development Corporation, a Colorado corporation, a general partner STATE OF COLORADO COUNTY OF s'eld ) ss. radley ei es, President By: Keirnes Investment Co., LLC, a Colorado limited liability company, a general partner B By: Waste Management of Colorado, Inc., a Colorado corps .t'.n, .:e} ral partner By: Title: The foregoing instrument was acknowledged before me thisoZ7 day of , 1997, by C. Bradley Keirnes, as president of Waste Services Development Corporation, a Colorado corporation, as a general partner of Waste Services Company, a Colorado general partnership. WITNESS my hand and official seal. My Commission Expires: /i/59 7 Notary Public 2561945 B-1619 P-997 08/05/1997 03:51P PG 2 OF 7 227430.1 RCF 07/28/91 11:12 in Page 2 COUNTY OF Wed STATE OF COLORADO COUNTY OF we -td ) ss. The foregoing instrument was acknowledged before me this�9-day of , 1997, by Jane A. Keirnes, as manager of Keirnes Investment Co., LLC, a C orado limited liability company, as a general partner of Waste Services Company, a Colorado general partnership. WITNESS my hand and official seal. ission Expires: /1-6-9 7 DARELLA L. BLOCH STATE OFCii• DO ) ) ss. Notary Public ll .. AA The foregoing instrument w s acknowledged before m thi '1day of � l , 1997, by bean I/ander�n , as (f EC" !( Of Waste Management of Colorado, Inc., a Colorado corporation, as a general partner of Waste Services Company, a Colorado general partnership. WITNESS my hand and official seal. My Commission Expires: DARELLA L. BLOCH /1-15-47 2561945 B-1619 P-997 08/05/1997 03:51P PG 3 OF 7 17/430.1 RCF 07/28/97 11.12 em Page 3 EXHIBIT A Legal Description South 1/2 and Northwest 1/4 of Section 26 and all of Sections 27, 34 and 35, Township 3 North, Range 64 West of the 6th P.M. County of Weld, State of Colorado All of Sections 2, 3 and 10, and North 1/2 of Section 11, Township 2 North, Range 64 West of the 6th P.M. County of Weld, State of Colorado TOGETHER WITH the easement and right-of-way for ingress and egress under grant from Elma J. Edmiston, formerly known as Elma J. Marolf, recorded May 12, 1993, in Book 1382 as Reception No. 02332568, and re-recorded December 8, 1993, in Book 1416 as Reception No. 02363231, AND FURTHER TOGETHER WITH that certain easement and right-of-way for ingress and egress under grant from Steven C. Gray, Alvin Gray and Kathy D. Gray recorded July 14, 1993, in Book 1391 as Reception No. 02340877, and re-recorded December 8, 1993, in Book 1416 as Reception No. 02363232, AND FURTHER TOGETHER WITH all water and water rights appurtenant to or associated with the above -described real property, whether such rights are tributary, non -tributary, or not non -tributary, or decreed or undecreed, or appropriated, conditionally appropriated, or unappropriated, and including, without limitation, the existing wells located upon said property and all water and well rights associated therewith, whether decreed or undecreed, permitted or unpermitted, or registered or unregistered, together with all casings, pumps, and other fixtures, equipment, and apparatus constituting part of or relating to said wells, and further together with any outstanding permits, registrations, adjudications, stock or other evidences all by any such rights, AND FURTHER TOGETHER WITH the "Surface Rights" and "Coors Lease" and "Bedinger Lease," as defined under that certain General Warranty Deed recorded December 8, 1993, in Book 1416, as Reception No. 02363227. 2561945 B-1619 P-997 08/05/1997 03:51P PG 4 OF 7 227430.1 RCF 07/26/97 11.12 am A-1 EXHIBIT B Real property taxes for 1997 and subsequent years. 2. Easement and right of way, for a non-exclusive easement for ingress, egress and access purposes, as granted to Coors Energy company by Waste Services Company, recorded January 3, 1994 in Book 1420 as Reception No. 2367280, affecting property as more particularly described in said instrument. (Affects Sections 2, 11 and 35) 3. Easement and right of way, for a pipeline gate valve or gate -valves and appurtenances, granted to Associated Natural Gas, Inc. by Waste Services Company by instrument recorded January 9, 1996 in Book 1526 as Reception No. 2471005, in which the specific location of the easement is not defined. (Affects S1/2NW1/4 Section 26) 4. Easement and right of way, for a pipeline gate valve or gate -valves and appurtenances, granted to Associated Natural Gas, Inc. by Waste Services Company by instrument recorded January 9, 1996 in Book 1526 as Reception No. 2471007, in which the specific location of the easement is not defined. (Affects S1/2NW1/4 Section 26) 5. Easement and right of way, for a pipeline and appurtenances, granted to Associated Natural Gas, Inc. by Waste Services Company by instrument recorded January 9 1996 in Book 1526 as Reception No. 2471013, in which the specific location of the easement is not defined. (Affects S1/2NW1/4 Section 26) 6. Easement and right of way, for constructing, laying, maintaining, operating, repairing, removing, changing the size of and replacing of a natural gas gathering pipeline and appurtenances, granted to Associated Natural Gas, Inc. by Waste Services Company by instrument recorded January 9, 1996 in Book 1526 as Reception No. 2471015, in which the specific location of the easement is not defined. (Affects S1/2NW1/4 Section 26) 7. Terms, agreements, provisions, conditions and obligations as contained in Covenant against Minerals Extraction by and between Coors Energy Company and Waste Services Company recorded December 27, 1993 in Book 1418 as Reception No. 2365977. (Affects Sections 26 and 35) 8. Easement and right of way, to to lay maintain, inspect, replace, erect, operate, and remove one pipeline and other equipment appurtenances, granted to Snyder Oil Corporation by Waste Services Company by instrument recorded February 27, 1995 in Book 1481 as Reception No. 2428057, in which the specific location of the easement is not defined. (Affects 01/2, N1/25E1/4 Section 26) 9. Terms, agreements, provisions, conditions, obligations and easements as contained in Easement, Right-of-way and Surface Use Agreement by and between Waste Services Company and HS Resources, Inc., recorded June 15, 1995 in Book 1497 as Reception No. 2442803. (Affects SE1/4 Section 26, NW1/4 Section 34) 10. Terms, agreements, provisions, conditions and obligations as contained in Road Improvement and Maintenance Agreement by and between Board of County Commissioners of Weld County, Colorado and Waste Services Company recorded -January 11, 1994 in Book 1421 as Reception No. 2368594. (Affects Sections 2, 3, 26, 27, 34 and 35) 11. Terms, agreements, provisions, conditions, obligations and easements as contained in Use By Special Review recorded May 12, 1994 in Book 1441 as Reception No. 2388294. (Affects Sections 2, 3, 26, 27, 34 and 35) 2561945 B-1619 P-997 08/05/1997 03:51P PG 5 OF 7 221006.1 RCF 07124/97 1:55 pm B-1 12. Easement and right of way, to lay, maintain, inspect, replace, erect, operate, and remove one pipeline and other appurtenances, granted to Snyder Oil Corporation by Waste Services Company by instrument recorded February 27, 1995 in Book 1481 as Reception No. 2428058, in which the specific location of the easement is not defined. (Affects NW1/4NW1/4 section 34) 13. Easement and right of way, for two pipelines and appurtenances, as granted Servicesto Company,nrecordedsNoveC, a Colorado mber 23, 1994 inrBookship 1468by aswaste Receptiontin said instrument. No. 2416545, afting property more particularly described NOTE: Correction recorded June 27, 1995 in Book 1498 as Reception (Affects Sections 10 and 11) 14. Terms agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and betweeen Waste Services Company and Union Pacific Resources C0recorded October 5, 1994 inBook1462as ReceptionNo.2409777. (Affects NE1/4 Section 11) 15. Oil and gas lease between Two E Ranches, Inc., a Colorado Corporation and T.S. Pace 31, 1970 in Book 623 asReception February No. 1544560, and re-recordedreh January 15, 1971 in Book 639 as Reception No. 81560586, and any interests lessee, his hisor rheirs, successorhts s oriassppigns. through or NOTE: ggivenainuconneof ction withAddendum the above Oil andtal GasALLeeaseent recorded June 24, 1982 in Book 970 as Reception No. 1895602. NOTE: Ratification onnection withdthental abovei ilion and GasrLeasenin recorded June 9, 1987 in Book 1159 as Reception No. 2102708. Note: Extension of the Production, pursuant vtoe leCRS 38-42-106, byase aclaimed Amoco Affidavit of Amoco Production Company a Delaware Corporation, recorded November 18, 1971 in Book 657 as Reception No. 1578844. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Gerrity Oil & Gas Corporation, recorded February 28, 1996 in Book 1534 as Reception No. 2478197. (Affects NW1/4 and S1/2 Section 26, all Section 34) 16. Temscontained inmSurface ents, rOOwners nAgree entibysanddbetweentTwosEas Ranches, a n Texas Corporation rand aUnion Pacific tion, nRailroad lInsurance ICompany Company, recorded August 25, 1967 in Book 585 as Reception No. 1507096 (Affects SE1/4 Section 27, NE1/4 Section 35); recorded September Section1, 1971 in Book Reception (Affects 3) andReception No. 1574393 (AffectsNW1/4and S1/2 S1/2 Section 27) and between Two E Ranches, Inc., a Colorado Corporation and Champlin Petroleum Company, recorded August 18, 1986 in Book 1124 as Reception No. 2065388 and Ratification recorded May 21, 1996 in Book 1547 as Reception No. 2492321. (Affects Section 27) 17. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Guttersen & Company, a Colorado Limited Partnership and Union Pacific Resources Company recorded February 16, 1993 in Book 1370 as Reception No. 2321765, Ratification recorded May 21, 1996 in Book 1547 as Reception No. 2492320. (Affects the E1/2NE1/4, NW1/4NE1/4, W1/2SE1/4 and the SE1/4SE1/4 of Section 35 2561945 B-1619 P-997 08/05/1997 03:51P PG 6 OF 7 18. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Solid Waste Disposal Site Development Services Agreement by and between Waste Management of Colorado, Inc., a Colorado corporation and C. Bradley Keirnes recorded May 19, 1997 in Book 1606 as Reception No. 2548678. 19. Grazing lease made between Grantor, as the landlord, and Guttersen & Company, as the tenant, and dated as of December 6, 1993. 2561945 B-1619 P-997 08/05/1997 03:S1P PG 7 OF 7 277430.1 RCF 07/28/97 11:12 am B-3 Hello