HomeMy WebLinkAbout20140901.tiff Certificate of Conveyances Weld.County
Department of Planning
State of Colorado )
County of Weld )
STEWART TITLE OF COLORADO hereby•certifies it has made a careful search of its
record,and:ftnds the following.eonveyances.affecting.the.real estate described herein
since August 30, 1.972;and the most recent dcod•toearded prior to August 30, 1972.
LEGAL DESCRIPTION: See Attached Legal Description
CONVEYANCES (if none appear,.so state):
Reception No.: 3779330 Book:
Reception No.: 3683244 Book:
Reception No,: 2506283 Book:
Reception No.: 2365924 Book:
Reception No.: 153%90 Book:
Reception No.: Book:
Reception No.: Book:
Reception No.: Book:
This Certificate is made for the use and benefit of the Department of Planning Services of
Weld County. Colorado.
This Certificate is not to be construed as an Abstract of Title or an opinion of Title, nor a
guarantee Title,..and the liability of.STEWARTTITLE OF COLORADO is hereby
limited to the fee paid.for This.certi•I'tcate.
In Witness Whereof, STEWART.TITLE OF COLORADO has caused this certificate to
be signed by its property off3.eer this 30 day of.Oetober,A.D.,201.3, at.8:45 am.
S 1`b WART TITLE OF COLORADO
Authoriz. :Signature
eRecorded in Weld County, CO Doc Id: 3779330
07113/2011 09:09 A
Page: 1 of 5 Total Fee: $121.00
Steve Moreno, Clerk and Recorder
GENERAL WARRANTY DEED
TRES GENERAL WARRANTY DEED is dated to be effective as of July 12, 2011, and is
made between:
RANDY B. LEHR, TRTJSI'L'L OF THE VICTOR LEHR TESTAMENTARY TRUST
("Grantor"),whose legal address is Rural Route 1,Box 98,Texhoma,Oklahoma 73949,
and
L.G. EVERIST, INCORPORATED, an Iowa cuiporation ("Grantee"), whose legal
address is 7321 East 88th Avenue, Suite 200,Henderson,Colorado 80640,
WITNESS, that Grantor, for and in consideration of the sum of Ten and Noll 00ths Dollars,
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,hereby grants,bargains, sells,conveys and confirms unto Grantee and its
successors and assigns forever, all the real property, together with any improvements thereon,
located in the County of Weld and State of Colorado (the "Real Property'), described as
follows:
See Exhibit A attached hereto and incorporated herein by this reference
TOGETHER with all and singular the hereditarrients and appurtenances thereunto belonging, or
in anywise appertaining,the reversions,remainders, rents,issues and profits thereoZ and all the
estate,right,title,interest, claim and demand whatsoever of Grantor, either in law or equity, of,
in and to the above bargained premises,with the hereditaments and appurtenances;
TO RAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances,unto Grantee and its successors and assigns forever.
Grantor,for Grantor and Grantor's heirs and assigns, does covenant, grant,bargain,and agree to
and with Grantee and its successors and assigns: that at the time of the ensealing and delivery of
these presents, Grantor is well seized of the premises above described; has good, sure, perfect,
absolute and indefeasible estate of inheritance,in law and in fee simple; and has good right,full
power and lawful authority to graut, 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 and subject to all mineral reservations and conveyances of record, if any, and to those
matters set forth on Exhibit B attached hereto and incorporated herein by this reference
And Grantor shall and will ❑TARRANT AND FOREVER DEFEND the above described
premises in the quiet and peaceable possession of Grantee and its successors and assigns,against
all and every person or persons claiming the whole or any part thereof.
[Remainder of page intentionally left blank;Grantor's signature on following page.]
°P;36101 ka .eb
70722$.0 1ti-1419406.1 s o
eRecorded in Weld County. CO Doc Id: 3779330
07/13/2011 09:09 A
Page: 2 of 5 Total Foe: $121.00
- • Steve Moreno, Clerk and Recorder
IN WITNESS WHERE0F,Grantor has executed this General Warranty Deed to be effective as
of the date first set forth above.
GRANTOR: �r ,
Randy B.Lehr,trustee of the Victor Lehr
Testamentary Trrusu Trust
STATE of 04.11#01.144- )
COUNTY o f e c4S )SS
The foregoing instrument was aclmowledged before this f fit day of...It] V . 2011,
by Randy B. I ehr,Trustee of the Victor 1 ehr Testamentary Trust.
Witness my hand and official seal
My commissions expires: rJ-Z3-2.01,.(_.__
Notary Public
[SEAL] RICK HARBIS0N
NOTARY PUBLIC-STATE OF UKL OMA
MY COMMISSION BORES I1- -9M1
TEXAS COUNTY
COMMISSION#99648992
107223-00006-Ia191os1
2
eRecorded in Weld County, CO Doc Id: 3779330
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Page: 3 of 5 Total Fee: $121.00
Steve Moreno, Clerk and Recorder
EXHIBIT A
(Attached to and forming apart of the
General Warranty Deed
from Randy B.Lehr,Trustee of the Victor tebr Testamentaty Trust,as grantor
to L G.Everist,Incorporated, as grantee)
Description of the Real Property
All of Section 35, Township 11 North,Range 67 West of the 6 P.M., County of Weld, State of
Colorado;and
All of Section 1, Township 10 North,Range 67 West of the 6`"P.M., County of Weld, State of
Colorado;
Specifically including but not limited to all rights to all sand, gravel, aggregate, stone, rock,
silt,clay,shale,overburden and topsoil owned by Grantor,lying in,on and under such property.
Assessor's Parcel Nos.:
020135000007
030301000006
107223-000ai14I9406.I
1 V
eRecorded in Weld County, CO Doc Id: 3779330
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Page: 4 of 5 Total Fee: $121.00
Steve Moreno, Clerk and Recorder
EXHIBIT B
(Attached to and forming a part of the
General Warranty Deed
from Randy R J rhr,Trustee of the Victor Lehr Testamentary Trust, as grantor
to L.G.Everist,Incorporated,as grantee)
List of Exceptions to Title
1. Taxes and assessments for the year 2011,a lien,not yet due and payable,and subsequent
years.
2. Right of way for county roads 30 feet wide on either side of section and township lines,
as established by the Board of County Commissioners for Weld County, recorded
October 14,1889,in Book 86 at Page 273.
3. Reservations and exceptions in the patent by the United States recorded May 11, 1897 in
Book 153 at Page 159.
4. Reservations and exceptions in the patent by the United States recorded March 24, 1902
in Book 190 at Page 244.
5. Reservation of(1) all oil, coal and other minerals underlying subject property; (2) the
exclusive right to prospect for,mine and remove oil,coal and other minerals; and(3)the
right to ingress, egress and regress to prospect f u,mine, and remove oil, coal and other
minerals, as contained in Deed from Union Pacific Railroad Company recorded
September 17, 1907 in Book 233 at Page 109,
6. Reservation of interest in coal, oil, gas and other minerals in the instrument recorded
December 31, 1908 in Book 287 at Page 578,together with the appurtenant rights to use
the surface.
7. Terms and provisions of the Mining Lease from Richard Melton, lessor, to Power
Resources Corporation, lessee, dated February 5, 1974 and recorded March 11, 1974 at
Reception No. 1631727.
8. Terms and provisions of the Mining Lease from Amy F. McElroy, lessor, to Poem
Resources corporation, lessee, dated February 8, 1974 and recorded March 11, 1974 at
Reception No. 1631728.
9. Terms and provisions of the lease from June IL Lehr,lessor,to Andesite Rock Company,
lessee,dated April 4, 1983 and recorded May 9, 1983 at Reception No. 1926321.
10. Mineral Deed between Union Pacific Land Resources Corporation and Champlin
Petroleum Company recorded October 6, 1976 at Reception No: 1700641.
107173-001)0.5-1419406.1
B-1
eRecorded in Weld County, CO Doc Id: 3779330
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Page: 5 of 5 Total Fee: $121.00
Steve Moreno, Clerk and Recorder
11. Any and all notes,provisions and conditions of USR No. 603,Lehr Pit Pre-Mining Plan,
recorded April 13, 1984 at Reception No. 1962945.
12. Lease Agreement between June 13. Lehr, lessor and Andesite Rock Company, lessee,
recorded August 4,1987 at Reception No.21.09296.
13. Any and all notes,provisions and conditions of USR-840 Use By Special Review Permit
Plan Pre-Mining and Mining Plan Carr Gravel Resource,recorded December 6, 1990 at
Reception No.2235232.
14. An oil, gas and mineral lease recorded March 21,1994 at Reception No. 2379250.
15. An oil, gas and mineral lease recorded March 29,2007 at Reception No. 3465097.
Amendment to Oil and Gas Trace recorded Apri18,2010 at Reception No. 3685868.
16. An oil,gas and mineral lease recorded March 29,2007 at Reception No.3465098.
Amendment to Oil and Gas Tnse recorded April 8,2010 at Reception Nos. 3685866 and
3685867.
17. The following matters as shown an ALTA/ASCM Land Survey by King Surveyors,Inc.,
project no.201187ALTA,dated March 23,2011:
30' gravel Roads
Fence Lines that do not con pond to property lines
Railroad track
Lone Tree Creek
18. Right of Way Easement granted to Poudre Valley Rural Electric Association, Inc.,
recorded February 1,2010 at Reception No.3673134.
19. Long-Tenn Road Maintenance and Improvements Agreement between the County of
Weld and L.G.Everist,Inc.,recorded January 7,2011 at Reception No.3743773.
[End]
107223-00006-1419406.1
B-2 ^R1
4 \1
1111111 IIIII 111111 IIIlI 111111 IIII IIIIIN III IIIII IIII III!
3683244 03/26/2010 11:17A Weld County, CO
244 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
TRUST DEED
This deed, made this 257c day of March, 2010, by and between The June
H. Lehr Living Trust, dated December 17, 1993, hereinafter Grantor, and Randy B.
Lehr, Trustee of the Victor Lehr Testamentary Trust, with a mailing address of Rural
Route 1 Box 98, Texhoma, Oklahoma 73949, hereinafter Grantee.
WHEREAS, on December 17, 1993, June H. Lehr established the June H, Lehr
Living Trust; and
WHEREAS, June H. Lehr and Victor Lehr were the initial trustees of said Trust,
and on December 26, 1994, June H. Lehr passed away in Greeley, Weld County,
Colorado, and pursuant to Article 15, Section 3 c. of said Trust, Victor Lehr became
the sole surviving trustee;
WHEREAS, on July 2, 2006, Victor Lehr passed away in Amarillo, Texas, and
pursuant to Article 15, Section 3 c. Randy B. Lehr became successor trustee of said
Trust;
WHEREAS, under Article Ten (10), Section Three (3) on pages 10-2 and 10-3 of
said Trust, June H. Lehr did give her husband, Victor Lehr, a limited power of
appointment over the entire principal and any accrued and undistributed net
income of the family portion of said Trust as it existed at Victor Lehr's death.
WHEREAS, under Article 2.6 of the Last Will and Testament of Victor Lehr,
deceased, said Victor Lehr did exercise his limited power of appointment in favor
of the trustee of his testamentary trust,the terms of said testamentary trust being set
forth in Article 3 of said Last Will and Testament;
WHEREAS, copies of the Last Will and Testament of Victor Lehr, deceased,
were filed in the District Court of Weld County, Colorado, on July 22, 2009, Probate
No. 2009 PR 233, and recorded in the office of the County Clerk and Recorder of
Weld County, Colorado, on March 11 , 2010, Reception No. 3680454; and
WHEREAS, pursuant to 38-30-172, C.R.S., a statement of authority for The June
H. Lehr Living Trust, dated December 17, 1993, has been recorded in the office of
the County Clerk and Recorder of Weld County, Colorado, on March 11, 2010,
Reception No. 3680455; and
WHEREAS, Randy B. Lehr is therefore the qualified and acting Successor
Trustee of The June H. Lehr Living Trust, dated December 17, 1993, and is authorized
Page 1 of 3
1111111 11111 111111 11111111111 111111111111 11111 11111111
3683244 03/26/2010 11:17A Weld County, CO
2 of 3 R 16.00 O 0.00 Steve Moreno Clerk & Recorder
by law to transfer the property and to execute this deed on behalf of said Trust;
NOW THEREFORE, pursuant to the powers conferred upon Grantor by
Colorado Law, and for and in consideration of the sum of Ten Dollars and other
good and valuable consideration in hand paid, the receipt of which is hereby
acknowledged, Grantor does hereby grant, bargain, sell, and convey fo the
Grantee the following described real property in Weld County, State of Colorado,
to wit:
All of Section Thirty-five (35), Township Eleven (1 1) North, Range Sixty-
seven (67) West of the 6}" Principal Meridian, Weld County, Colorado;
All of Section One (1), Township Ten (10) North, Range Sixty-seven (67)
West of the 6'^ Principal Meridian, Weld County, Colorado; and
An undivided 24.5% interest in and to all the oil, gas, and other
minerals in and under a parcel of land in the Northwest Quarter
(NW/4) of Section Twenty-two (22), Township Two (2) North, Range
Sixty-eight (68) West of the 6th Principal Meridian, Weld County, State
of Colorado, described as follows:
Commencing at a point on the North line of the Northwest Quarter
(NW/4) which is 1824 feet East of the Northwest Corner of Section
Twenty-two (22); thence South 89°42' East along the North line of the
Northwest Quarter (NW/4), 822 feet to the Northeast Corner of the
Northwest Quarter (NW/4); thence South along the East line of the
Northwest Quarter (NW/4) 2657 feet to the Southeast Corner of the
Northwest Quarter (NW/4); thence North 89°57' West along the South
line of the Northwest Quarter (NW/4), 987 feet; thence North 0°13' East
along an existing fence line 2183 feet; thence North 37°22' East, 88
feet; thence North 14°18' East, 420 feet to the point of beginning,
excepting therefrom any portion lying East of the West line of ditch
right-of-way referred to in Deed recorded July 13, 1962, in Book }620
at page 1, Weld County records,
together with all the rights, privileges, and appurtenances thereunto belonging
TO HAVE AND TO HOLD, all and singular the above described property unto
said Grantee, his heirs and assigns forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed the
Page 2 of 3
1111111111111111111111111(111Ill/ 111111 III 11111
3683244 03/26/2010 11:17A Weld County, CO
3 of 3 R 16.00 D 100 Steve Moreno Clerk& Recorder
day and year first above written.
The June H. Lehr Living Trust, dated
December 17, 1993
By
Randy B. L r, Successor Trustee
STATE OF OKLAHOMA, COUNTY OF TEXAS, SS:
Before me, the undersigned,a Notary Public in and for said County and State
on this 25{''day of March, 2010, personally appeared Randy B. Lehr, Successor
Trustee of The June H. Lehr Living Trust, dated December 17, 1993, to me known to
be the identical person who executed the within and foregoing instrument and
acknowledged to me that he executed the same as his free and voluntary act and
deed and as the free and voluntary act and deed of said trust for the uses and
purposes therein set forth.
Given under my hand and seal the day and year last above
wrattern'
......-
r'o . Cjt11CAun cl.cke:ta C10[,Z.3SS3
{99G •x Notary Public
• D. ,•. r
0`I�p 0 t, y
'., mt �5sion expires: i--e b . L z 3
Commission No. O' n o t 35 3 .
Page 3 of 3
2506283 B-1561 P-438 08/13/96 04:11P PG 1 OF 1 REC DOC • . . :
=.1•
E 3 _Weld County.CO ;JA Suki.Tsukamoto Clerk & Recorder 6.00 •
•QUITCLAIM DEED •
- i i
THIS DEED,Made this r 3 day of • a..4-1-y ,1996 ., i1 -
•
• betw7nJune H. Iehr, Trustee of the June H. Lehr Living -
^-'t:st, dated December 17, 1993
1 • . • .
'tof the 'County of. . Feld and State of •
I Colorado,grantee(s),and
The June P.. Lehr Living Trust, dated iccerrber 17, 1993 .
•
.1.
i
whose legal address is 390E Went,4th Street Road, Greeley, CO i
°
of the •county a WO d and State of Colorado,grantee(s), i
WITNESSETH,That the grantoe(s),for and in consideration of the sum of "'en end no/10C deliars and otl_er I '
va3uabie consideration - - - - -- _ - - - - - it' s_ I •
the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUIT CLAIMED,and by I
i these presents do es remise,release,sell and QUITCLAIM unto the grantee(s), 1':,S heirs,successors and assigns,
forever,all the right,title,interest,claim and demand which the grantors)ha S in and to the real property,together with 'i
improvements,if any,situate,lying and being in the County Of Weld and State of .I I
Colorado,described as follows; i
Ii Ail of Section 35,T11N,Range 67W,of the 6th P.M.,in Weld County, . . .
I. Colorado; ff
II All of Section 1,T10N,Range 67W,of the 6th P.M.,in Weld County, • I' .
li Colorado; . t.
ij ti ..
All of Section 21,T10N,Range 67W,of the 6th P.M.,in Weld County. !l. Colorado; • i
• . with all its appurtenances. . ;; • •
•
•
• i
it ii •
i)D'_
• TO IL4VE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in I i '
I' anywise thereunto appertaining,and all the estate,right,title,interest mod claim whatsoever of the granttor(s),either in law or equity, 'l
• to the only proper use,benefit and behoofofthe grantee(s) .its heirs and assigns forever. �� • .
• I '
I.i IN WITNESS WHEREOF The grantor(s)has executed this deed on the date set forth above.
I
I'
. Victor.Tchr• • • t
"T'u;tee of the .Tune f, Te:r Livins ;Yost, .-- __ •
. dated December 17. 1993 •
1.. .
STATE OF 170LORADO, .
County of to • "2
ti.,v
The foregoing instrument was acknowledged berate me this _3,, day of • I� '1 ,1996 , • • '
by T;ictor-:-elir, "rustee of t:he .Tyne H. Te.r Living Trust, dated December 17, 1P2,7?w. .
My commission expires `, ' . .rl ,19�C.Witness my hand and official seal. > .". '•41'.',
• t •
*If in Denver,insert-'City and".-
Name and Add,,..of fn=craw*Ni,-,i,,(-wed Let0 Uwcriotiao if 39.35-t06.S.CRE3
•
No.933.Res_6-92- genCunt DWFD e3.
Bradford I'ubiishias.1743 Waxer St.Zkm-rr.CO 80202—(3031292-2500—2-94
I it
n 1418 REC 02365924 12/27/93 15:32
AR236S9C4 00 1/001
F 1901 MARY ANN FEUERSTEIN CLERK & REC0RDER$5-WELD CO, CO
QUIT CLAIM DEED
June H. Lehr,whose address is 3254 Weld County Road 20, Longmont, Colorado 80504,
for the consideration of Ten Dollars,in hand paid,hereby sells and quit claims to June H.
Lehr, Trustee of the June Lehr Living Trust dated December 17, 1993,
whose address is 3254 Weld County Road 20, Longmont, Colorado 80504,the following
real property,in the County of Weld,and State of Colorado,to wit:
All of Section 35, T11N, R67W, of the 6th P.M., in Weld
County, Colorado.
All. of Section 1, TION, Range 67W, of the 6th P.M., in
Weld County, Colorado.
All of Section 21, T1ON, Range 67W, of the 6th P.M., in.
Weld County,Colorado,
with all its appurtenances.
[Actual consideration for this conveyance less than$500.J
Signed on / 4 Wt& ,. 0•1•
June'H. Lelir
STATE OF COLORADO ]
] ss.
COUNTY OF BOULDER 3
The foregoing instrument was acknowledged before me on �' ': ,
g g g �,,- �- '�� by
June H. Lehr. '`.•:;;\
Maier *e(f� 1 �T t aJ�.�.
Maier 1 , 1997 ; 11 5 yy —.0 e 6 tt\t,',.
• r}
My commission expires: ,
a ;
Witness my hand and official seal. Prd E :�, 14,
C-- ":*e,
Ga''
• Q, P4-14-6144,(---/
Notary Public J
Hopp, 5Capsak et Associates,p.c.
♦2130 Mountain View Avenue,Cangrr.arit,Caforado 80501 ♦2. riz3O3-7(6-4045 ♦ ya,c303-776-8709
y5 I1 '/
e Recorded at_J2 Wrier* P.M__....._N0Y 2 6190...____..............
618 ENO-_ 15_39690 ._.._._._""" sob"io ieecoeder. FA
Wilber L Thomas end
Knout ail Mtn bg tiptoe Preece, That Ir?ey-
I Ruth N. Thomas
}
whose outdrew iL__Carr in the
Colorado
c
County of- _ Waal --snd State of _..--._.._......_............... ._ «.for the
Ncconsideration of _ --.. •-----------
or
other pod and valuable consideration TE1
t� -............. _.._..Dollars,to June H. Lehr
et; in band paid,hereby sell()and convey(s)to._�_.__... _...__.. ._ _---•._.._....._......_....__..._._._.. .._..
"°' sumo address is, Route 4, Box 75 Lon nt in the
N Colorado
el County of Weld _ --- _and the State of _..__ ....._....._..__...the
cx
- efollowing real property in the County of_Wald W ._.._.. --and State of Colorado.
to-wit:oN In-Towushiv 11 North. Ranee 67 West of the 6th B. !l.: sn u
�� 0 Section 31: All a
Section 35: All 2
a
ap
In Township 10 North. Range 67 West of the 6th F. M.: Z+,C
Section 1: All i 2
Section 213 All i m - -
a- i
ry
o. •
4-0
a
0
Le
La
0
with ell its �� the 19'.0 eat. assessment__—
and this title to the same.subject to___.....__........___.�...._...�_—_....... •
payable in 1971 and 4oggp2t_1I' t;^�a....sYceDtim.s..A4]Iellark e_and c....aic of
records riot of w .-sstablisbed..on...tha•. ees-ukie r-do not-render •
title unmarketable or eateriallz.detract fr3gLt.be lira .__......-..- -_-_-_---__- I
Steed die_ « 24th_.-._-..-..--_..___._.dry at.....NO i ker_.._w....._...._--_,A.D.19_69 I
4 the± T ..EE11.i «... « ._ «.. ... ..... .. . .. ...._.... ..... - -- 43
• 1TATVTOE!`►CENOWLLDOZtit1NT •
STATE Of COLORADO,
County ot_.---.Weld•
_..
t M 8 44 The instrument was aela owledged before me this
�,..,.' 24th __dey of--.. .21..•!!!!13-ST.._........--._._..__,i9._.b.9,
.11 '0A10. : gym Wilbur Au, Tho t. i s.-11....Thoma _.............__—._.-...-
a Witness my hand sad seal.
I, etv � �� NNo r hilt.
''r ,' eu saws is gaud or Toproo mMaro , moo oat coo aeaco or maser toe for sumo weans.
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