HomeMy WebLinkAbout20142068.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Land Title Order No.: SWINK-2
The Land Title Guarantee Company(TITLE INSURANCE or ABSTRACT COMPANY)hereby certifies
that it has made a careful search of its records, and finds the following conveyances affecting the real estate
described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
Legal Description:
SEE ATTACHED EXHIBIT A
CONVEYANCES (if none appear, so state):
Reception No. 1398582, Book 1635
Reception No. 1975785, Book 1038
Reception No. 2036376, Book 1096
Reception No. 2040139, Book 1100
Reception No. 2040140, Book 1100
Reception No. 2040141, Book 1100
Reception No. 2040142, Book 1100
Reception No. 2040143,Book 1100
Reception No. 2040144,Book 1100
Reception No. 2040146,Book 1100
Reception No. 2063290,Book 1122
Reception No. 2502152, Book 1557
Reception No. 2809779
Reception No. 3206278
Reception No. 3833970
Reception No. 3895862
Reception No. 4008051
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, nor an opinion of Title,nor a guarantee of
Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this
Certificate.
It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper
officer this 7th day of April,2014 at 5:00 o'clock P.M.
LAND TITLE GUARANTEE COMPANY
By 1Vj
Heidi Crue
Title Examiner
EXHIBIT A
A PARCEL OF LAND BEING LOCATED IN THE EAST HALF OF SECTION 21, TOWNSHIP 1
NORTH,RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
BASIS OF BEARINGS: ASSUMING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 21, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS
MONUMENTED BY A NO. 6 REBAR WITH A 2 INCH ALUMINUM CAP MARKED "LS 25937 1995"
AT THE SOUTHEAST CORNER OF SAID SECTION 21 AND A NO. 6 REBAR WITH A 3-1/4 INCH
ALUMINUM CAP MARKED "LS 13155 1998" AT THE SOUTH QUARTER CORNER OF SAID
SECTION 21 TO BEAR
S 89°23'58" W,A DISTANCE OF 2684.63 FEET WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO.
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 21:
THENCE S 89°23'58" W ALONG SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION
21 A DISTANCE OF 2,684.63 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 21;
THENCE N 00°16'05"W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 21 A DISTANCE OF 1,375.13 FEET TO THE SOUTHERLY LINE OF THE 50 FOOT WIDE
DITCH PARCEL AS DESCRIBED IN BOOK 63 AT PAGE 464;
THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING THIRTY TWO (32) COURSES:
1) N 76°04'29" E A DISTANCE OF 35.42 FEET TO A POINT OF CURVE;
2) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE
OF 35°56'55", A RADIUS OF 225.00 FEET AND AN ARC LENGTH OF 141.17 FEET;
3) S 67°58'36" E A DISTANCE OF 47.24 FEET TO A POINT OF CURVE;
4) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,HAVING A CENTRAL ANGLE
OF 33°20'04", A RADIUS OF 195.00 FEET AND AN ARC LENGTH OF 113.45 FEET;
5) N 78°41'20" E A DISTANCE OF 119.10 FEET TO A POINT OF CURVE;
6) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,HAVING A CENTRAL ANGLE
OF 21°33'51", A RADIUS OF 250.00 FEET AND AN ARC LENGTH OF 94.09 FEET;
7) N 57°07'30" E A DISTANCE OF 139.10 FEET TO A POINT OF CURVE;
8) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE
OF 12°52'09", A RADIUS OF 875.00 FEET AND AN ARC LENGTH OF 196.53 FEET;
9) N 69°59'39" E A DISTANCE OF 171.86 FEET TO A POINT OF CURVE;
10) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE
OF 36°47'55", A RADIUS OF 250.00 FEET ANI) AN ARC LENGTH OF 160.56 FEET;
11) N 33°11'43" E A DISTANCE OF 111.17 FEET TO A POINT OF CURVE;
12) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE
OF 23°52'12", A RADIUS OF 100.00 FEET AND AN ARC LENGTH OF 41.66 FEET;
13) N 57°50'12" E A DISTANCE OF 48.34 FEET;
14) N 62°05'05" E A DISTANCE OF 50.62 FEET TO A POINT OF CURVE;
15) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE
OF 45°35'42", A RADIUS OF 285.00 FEET AND AN ARC LENGTH OF 226.80 FEET;
16) N 16°29'24" E A DISTANCE OF 29.52 FEET TO A POINT OF CURVE;
17) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,HAVING A CENTRAL ANGLE
OF 05°50'26",A RADIUS OF 1,275.00 FEET AND AN ARC LENGTH OF 129.97 FEET;
18) N 10°38'58" E A DISTANCE OF 50.93 FEET TO A POINT OF CURVE;
19) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,HAVING A CENTRAL ANGLE
OF 09°38'04", A RADIUS OF 1,125.00 FEET AND AN ARC LENGTH OF 189.17 FEET;
20) N 01°00'54" E A DISTANCE OF 268.94 FEET;
21) N 01°41'27" E A DISTANCE OF 90.64 FEET;
22) N 05°41'21" E A DISTANCE OF 105.16 FEET TO A POINT OF CURVE;
23) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE
OF 46°45'36",A RADIUS OF 115.00 FEET AND AN ARC LENGTH OF 93.85 FEET;
24) N 52°26'57" E A DISTANCE OF 22.72 FEET TO A POINT OF CURVE;
25) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE
OF 22°53'26", A RADIUS OF 175.00 FEET AND AN ARC LENGTH OF 69.91 FEET;
26) N 75°20'23" E A DISTANCE OF 6.27 FEET TO A POINT OF CURVE;
27) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE
OF 20°51'49",A RADIUS OF 515.00 FEET ANI) AN ARC LENGTH OF 187.53 FEET;
28) S 83°47'48" E A DISTANCE OF 212.21 FEET TO A POINT OF CURVE;
29) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE
OF 13°34'39",A RADIUS OF 575.00 FEET AND AN ARC LENGTH OF 136.26 FEET;
30) N 82°37'33" E A DISTANCE OF 226.27 FEET TO A POINT OF CURVE;
31) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL,ANGLE
OF 31°10'54", A RADIUS OF 425.00 FEET AND AN ARC LENGTH OF 231.30 FEET;
32) N 51°26'38" E A DISTANCE OF 69.90 FEET TO THE EAST LINE OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21.
THENCE S 00°29'40"E ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 21 A DISTANCE OF 530.70 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 21;
THENCE S 00°30'05"E ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 21 A DISTANCE OF 1,322.14 FEET TO THE SOUTH
SIXTEENTH CORNER COMMON TO SECTIONS 21 AND 22;
THENCE S 00°30'05" E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 21 A DISTANCE OF 1,322.08 FEET TO THE POINT OF
BEGINNING;
SUBJECT TO THE RIGHTS-OF-WAY FOR COUNTY ROAD NUMBERS 6 AND 7 AS DESCRIBED AT
BOOK 86, PAGE 273.
cc
')'� ,A Recorded et ll_.. o'clock .Al.,__._._ JAN 1 I�V3
1 r 't'
BaDFiu y1 . ;. ._.�j__
Reeeytuu No-14„12.8582.— ANN SVOMER .
_._.—_._..._.__._......_._._._..__stermder.
asS DEED,Merle this 14th day of
January, in the year of our Lord ore thousand nine hundred and
sixty—three,
between
PEARL F. VINCENT,
of the County of Boulder
and State of Colorado,of the first part,and PEARL F. ](rggy,
of the - Couvh
I99 of Boulder
and State of Colorado,of the second part,
WITNESSETH,That the Bald pares. oI the first part,for and in consideration of the aum of
.3\ l ONE AND NO/100 -DOLLARS,
to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged, he s remised, released, sold, conveyed end QUIT CLAIMED, and by
V One presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part,
,B, her heirs, Buccaneers end assigns,forever,all the right,title,interest,claim and demand which the said
f
a party of the first part has in and to the following described real property
situate,lying and being in the County of WELD and State of
CC• Colorado,to-wit,
C N The Southeast quarter (SEA) and-the Northeast
quarter (NE%) of Section Twenty-on (21) , Township One (1) ,
Range 68 and the East half (Eh) of the Southeast Quarter
'.>.",
o (SEA) of Section One (1) , Township One (1) , Range 68,West,
•
-4• : This deed is given to show change o£ name of the
3 owner.
TO HAVE AND TO HOLD the same,together with ell and singular the appurtenances and privileges thereunta
belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the
said part y of the first port, either 1n low or equity, to the only proper use,benefit and beboof of the said
pert y of the second part, her heirs and resigns forever.
/N WITNESS WHEREOF,The said party of the first perthos hereunto set herhand
and seal the day and year first above written. ✓✓�tele1,!.1./J J
Signed,Sealed and Delivered in the Presence of ..a�i Ge .[SEAS.]
[SEAL]
[SEAL] a
[SEAL] Jr
STATE OF COLORADO, hr
W
In.
counts of Boulder
0
0
,,:The foregoing instrument was acknowledged before me this 14th day of January,
c .A-D &x6,3 •by' Pearl F. Vincent.
-'j;. . ' .
y%o`mmiaeion expires Nay 1, ,19 66 .Wlth:ee my hand and official seal.
Notary Public.
°If by natural person or persona bore insert name or names;U by penes ding In repreeenttelee or or}IOWf capacity or ae H
[inanity-la-foot,then breadother of person me executor, attorney-In-fa01 or capacity or Eeealptl®; if br of&er or car-
aohwnekW n It,rt eanefoof rueb officer or officer%as the primmest or otherofficers of ouch cerporatLlq comics tt.araNfory Cu
No. 9aa.QUIT QI.1IN Paso.—Breaterd.aebineaa Peteeer Cae,asee.tine!lout eb..,n.e.,,. r.Lerede
--SKL2 LG SKL10424 WE ::.398582-1963. 001
•
FILM 13 63560077 l9BkNL23 P2324
yk«pnaN'i ItRI CITE:FC3P IQtL Coll II?PI: 10Q,401 1
AR19757as - CLERK 20
<•.•
QUIT •
�/CLAIM DEED RECJIRDEWS crAMP -• THIS DEED,NUK ill.4/V dry III July .1'181.
enr.crn Pear F. Kirby
r,nN 'County of boulder aim we:m SIA1T80 URVIEL
C,I w.._ernthrf”.an. Opal Lacy, Trustee JJ�1L331994
d . / -..
f �
\ whirs l.paaJJre.,h 2926 15th Street H---
1f III Boulder, Colorado 80303
ate worry( boulder ou>ki.'soJr,r.C.r.4ranu.nl.
WIFNISsi,T0.111.1 III enmmi.l.A,,Ad in.np,W,,,... dd"rmmM of NO CONSIDERATION
C.R.O. 39-13-102 anzner
Nc retell and.ufl Yren,Y'r Wlnfi r.l,cr.'i,Y F\n'wl[J4.rl.hi6 ru,,'nd «(J.cJ.,,.Id..rin "J.nrl rll:lf('I.AI,I'.n,,nJ by
Muprvun,} eB Ivw.all, ny and Q1111 I LAIN YnnvcV her !WO, I'J„l4.4 . _
Inrn,,all'In uFta_ :lc, o.du i,I d :.wh¢h v r 1 I h.6 n.n h. ,"I p pc ), b'ller with ' . ,.
mp,!N ,.d = Ir Jnnm 'm. (wenrm Weld and sra.nf
mr.,iwn lying mean
L'ulor W gcdcvnrtJ
II The Southeast Quarter (SE1/4) of Section One (1), Township One (1)
• ll North, Range Sixty-Eight (681 West, of the 6th P.81.
I and
The North Half 11;1/21 and the Southeast Quarter (501/4) of '
II Section Twenty-One (211 , Township One (1) North, Range Sixty-Eight
(68) West of the 6th P. .
• I
M
i 8 1038 REC 01975785 07/31/84 10:06 $3.00 1/001
1 •,• -.
.• F 1080 MARY ANN FEVERSTEIN CLEP.K 6 RECORDER WELD CO, CO
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i W. k,.•.nhr.r .n. unl<r.,._ ry
11
1011 vl ANI ID!RD "rrr I' I Jii M A 'i f ppn, - Jr, 18 h I I 4 4 r ur
y 11[,un Ip. c und.all1 el k,OICCIC,..,,J4.1.,,,,i4l,i4,4e1 oflcp nl r.i,either nl.0 Hi equity.r.' '
11 Ihe Ill*pn ipc, h•I,n,I 1 her .... I . r.
INWI'IN1.6 W111NI II the',Inc'', he 5uwilea0.v..l mi int.14ni Intl,ab.nc.
I
L 7rti_L_GL�r
IYeo�r �Ar
II
\IAII, ➢.I, 1 NVH, 1...
clierity '1 boulder I
•i Tin Irul"'me uln...1141I ,. 1. 41 C,anpul Doulder
tonal Colorado In. / — dyrn July s: 04
.. p, pert F. Kirby �t/_ i� �.//
1 In Lu.0 dwm ' / " g .W nc, ry h.114 J Tirol aal
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°SK:,h LG SKL10424 WE 197b /d5-19d4 . 001 —
FR2U36376 - B 1096 REC 02036376 12/19/85 09:29 . S..1.00 1/0U1
F 0058 MARY ANN FEDERSTEIN CLERE S RECORDER WELD CO, CO ....
L.
Y QUIT CLAIM DEED •
c
-0 THIS DEED,Made this 13th day of December ,19 85
between
C.:
CHARLES A. HURTH, JR. r TRUSTEE
`O of'he 'County of Boulder and Sue of
Colorado.Snnlorue.and JYC< WIT.r.TAM LACY, as to an undivided •
NI arc-third interest, FOLLIN LLOYD LACY, as to an unit '
cue—third interest, and JACK HILLI M LACY and W LLIN
I LIOYD IAJC interest , CO-TRUSTEES, as to Can unddivided ale—third
M whose legal address is •
1590 Cress
scolorado 80302
III of the County of Boulder and Stain of Colorado,grenlrc(s),
rwlTNESSErH.That me granmreel.for and in consideration of the sum of -
0` ---NO CONSIDERATION DOII APS
•
. the moeipr and sufficiency of which is hereby acknowledged,ha S thinised.released.sold.conveyed and 0urr CLAIMED,and by
6 dense psalms dues remise.release.sell.convey and QUITCLAIM unto the grance(s),their Rein,successors and assigns.
- forever, all the right. title. interest, claim and demand which the grantor-al ha S in and to the reel properly, together with
• II improvements.I(any,situate,lying and being in the County of Weld and State of
_ V Colorado.described as follows: .
a The Southeast Quarter (SE1/4) of Section One (1) , Township
. t One (1) North, Range Sixty—Eight (68) West, of the 6th P.M.
• +t and
n The North Half (N1/2) and the Southeast Quarter (SE1/4) of
Section Twenty—One (21) , Township One (1) North, Range -
S Sixty—Eight (68) West of the 6th P.M.
w
ill .. -
' I also known by street and number a.
•
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privilege thereunto belonging or in
anywise thereunto apperlaining.and all the chair.right, ilk,interest and claim whauocver of the granmgq either in Ia-or equwry,to
the only proper use.benefit and behvrof of the granthe(sitheir heirs and assigns forever. —
IN WITNESS WHEREOF,The ganlor(sbdsas executed this deed(oon the date act forth above.
CHARLES A. MU RTH, JR I
TRUSTEE _
. STATE OF COLORADO. 1r
1 55.
County of BOULDER 1
Thufo rcgoing instrumentwaz acknowledged before me this 13th day of December . .1985. c '
by CHARLES A. HURTN, JR. , TRUSTEE
•
Mycommission opium April 18 .19 86.Wimcss my hand and official seal_ 1 e
f /
Lm• 21061-1-7 ,....
te +.yo //q /,,��,[[//�///��,,�ff
��'�"`CY RAGAN' •
S AO4A ••
R y:i (( _
• '.'R in Drner.
9 -isenO7.ante.`
.
No.933.Rev.105. Quo CLAIM DEED aradioni Puhliathg.MOS VI.m A...w...a co rows—IWU weans
SKLD LG SKL10424 WE 2036376-1985 . 001
• •
•
•
AR2040139
B 1100 REC 02040139 01/22/86 14:05 $3.00 1/001 .
JAN� 1 7,986 F 0686 MARY ANN FEUERSTEIN CLERK fi RECORDER WELD CO, CO
State Documentary Fee
WARRANTY DEED Dote /--2_2-Xl
$ 4.17 •
•
JACK WILLIAM LACY, for the consideration of Sixty One Thousand Six
Hundred Sixty—six and 66/100 Dollars ($61,666.66), in hand paid, hereby sells
and conveys to SWINK FAMILY FARMS, LTD., a Colorado limited partnership, as to
an undivided 73% interest, and Esther Swink as personal representative of the
Estate of Walter Swink, deceased, as to an undivided 27% interest, the
n following real property in the County of Weld and the State of Colorado
`\ to-wit:
• \3 - -
an undivided one-third interest in the East half _
of Section 21, Township 1 North, Range 68 West of the 6th - •'
P.M., Weld County, Colorado,
with all its appurtenances and warrants title to the same, subject to general
taxes for 1986, which have been apportioned between the parties, and all -
existing roads, highways, ditches, utilities, reservoirs, canals, pipelines,
° ` power, telephone or water lines, railroads and rights of way and easements. .
Dated this )5 day of 1986. ;
•
ac k ilfia m acy
STATE OF COLORADO )
S5
COUNTY OF BOULDER ) -
The foregoing instrument was acknowledged before me in the County of
Boulder, State of Colorado this 151'C. day of January, 1986, by Jack William
Lacy.
WITNESS MY HAND AND OFFICIAL SEAL.
• MY COMMISSION EXPIRES: .J 4-YLt 4,1997
// A<0,1J/C Gtl hco7r� a
/8Yofi"l' ,7°Ut NOTARY PUBLIC c,,,:,1,c/co
[SEAL] G�-cl/ Cie&rade g sr2-
t,r21,,5-,,
r; f
cotu
y
•
SKID LG SKL10424 WE 2040139-1986 . 001
rl1 A.
r
f vF/ iag
_ _ B 1100 EEC 02040140 01/22/86 14:05 $3.00 1/001
r.;'};`a ' JAN 2 1 lye F 0687 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO
N t •
State Documentary.Fee
r
WARRANTY DEED Date_ S
ROLLIN LLOYD LACY, for the consideration of Sixty One Thousand Six
Hundred Sixty—six and 67/100 Dollars ($61,666.67), in hand paid, hereby sells -
. o : •- ] and conveys to SWINK FAMILY FARMS, LTD. , a Colorado limited partnership, as to
an undivided 73% interest, and Esther Swink as personal representative of the
(\[ Estate of Walter Swink, deceased, as to an undivided 27% interest, the
-• N. following real property in the County of Weld and the State of Colorado
r', to-wit:
an undivided one-thin' interest in the .East Half .
4.t.„
�•� of Section 21, Township 1 North, Range 68 West of the 6th
6:t1;1, P.M., Weld County, Colorado,
.''' with all its appurtenances and warrants title to the same, subject to general
.,. taxes for 1986, which have been apportioned between the parties, and all
existing roads, highways, ditches, utilities, reservoirs, canals, pipelines,
power, telephone or water lines, railroads and rights of way and easements. • .
Dated this qm day of lanuckRy , 1986.
Rollin L oyd Lacy E•
'.
STATE OF MINNESOTA ) •
) SS
COUNTY OF HPnneptn)
•
The foregoing instrument was acknowledged before me in the County of , .,,
The foregoing
, State of Minnesota this qTh day of January, 1986, by Rollin •
L oy Lacy. •
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: y-Q-QI
JltUU2JNIARY P
� - - [SEAL]
tiak CYNTHIA K. HARRER
"r4 ..5ru,r..�.uc„iuw-w w
HENNEPIN COUNTY -
j1 .v coInvroxmmw APR s. 1991 t _ ,
•
•
•
•
SKLD LG SKL_0424 WE 2040140-:_986 . 0C1
. . . . 6.00 6.00 1/002 /�g4%5/J-S
:
F 06888 MARY ANN FBUERSTRZN CLERK & RECORDER WELD CO, I li�a . •
n ann 2 1 191 - ''
State Documentary Fee -
AR2040141 WARRANTY DEED • Dcta ...2.2.-1l 1
JACK WILLIAM LACY and ROLLIN LLOYD LACY, co-trustees of the Reta Lacy Hix
Trust dated September 5, 1985, for the consideration of Sixty One Thousand Six
n Hundred Sixty-six and 67/100 Dollars ($61,666.67), in hand paid, hereby sell
- and convey to SWINK FAMILY FARMS, LTD., a Colorado limited partnership, as to
• an undivided 73% interest, and Esther Swink as personal representative of the
``; V Estate of Walter Swink, deceased, as to an undivided 27% interest, the
following real property in the County of Weld and the State of Colorado
to-wi t:
an undivided one-third interest in the .'.East Salt - -
of Section 21, Township 1 North, Range 68 West of the 6th
P.M., Weld County, Colorado,
•
with all its appurtenances and warrant title to the same, subject to general
; j taxes for 1986, which have been apportioned between the parties, and all
existing roads, highways, ditches, utilities, reservoirs, canals, pipelines,
; power, telephone or water lines, railroads and rights of way and easements.
,
'. .c'. y� Date: 1-ls Si
Jac William ac co-tru tee of the
1 Reta Lacy Hix Trust
Dated September 5, 1985 ,
' 4.
-.-ee:.�• ob2. J ds�y Date: /e-Yc
R in Lloyd Lacy, co-tY stee of the
Reta Lacy Hix Trust i ;
Dated September 5, 1985 - ^"
STATE OF COLORADO )
'F ) SS
COUNTY OF BOULDER )
, •
.
Boulder, State of Colorado, this ,64.1‘, day of January, 1986, by Jack William
is Lacy, as co-trustee of the Reta—Lacy Hix Trust dated September 5, 1985.
ii
WITNESS MY HAND AND OFFICIAL SEAL./ • ;•
MY COMMISSION EXPIRES: 0-4.44.044487
t> tom -/;v„t✓il- /,Lo/It�itnt7S
,l\fiTAfjr F . /S-yDie/S'int,NOIARY PUBLIC =5 .-, ,gyp
. [sEAE] , - /�uJUzr •
e.
4 (1c/Drab" 803c&- ...
% ..!(/BL1G c
%9yf.
af...^r\'
—
I 1
SKLD LC SKL10424 WE 204014L-1936 . 001
i;
a
B 1100 REC 02040141 01/22/86 14:09 $6.00 2/002
F 0689 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF MINNESOTA )
) SS
COUNTY OF 14('Rt1P4i(l ) - -
•
Th •
e foregoing instrument was acknowledged before me in the County of
• �{ (�ep�q State of Minnesota, this Qt11 day of January, 1986, by
Rollin Lloyd Lacy, as co—trustee of the Reta—EITFilix Trust dated September 5,
1985.
_ WITNESS MY HAND AND OFFICIAL SEAL. '.
MY COMMISSION EXPIRES: 4-q -c3/41
# IlA.rNO TARP PUBLIC
[SEAL]
CYNTHIA K. RAAP.EA
•nT ru.l c MiNNmOTA
S H HCNN^_P'N COUNTY
CVNN0+,l0Nurinr.FPR.9, 1991
z• 2- _
SKLE LC; SKL10424 WE :2040141-1986 . 002
JAN 2
41)
AR2040142 B 1100 REC 02040142 01/22/86 14:10 $30.00 1/010 It°
F 0690 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
TRUST AGREEMENT
THIS TRUST AGREEMENT, Made and entered into this // day of
1984, by and between PEARL F. KIRBY, a resident
/f Boulder County, Colorado, as "Settlor" and PEARL F. KIRBY and
OPAL LACY, also known as BERTHA OPAL LACY, a resident of Boulder
County, Colorado, as "Co-Trustees."
ARTICLE I
Funding
Section 1. Schedule A attached hereto sets forth the trust Ti
property, which is or will be transferred to the co-Trustees under
the terms of this Trust Agreement. Settlor hereby assigns, trans-
fers, conveys and delivers such property to the Co-Trustees herein.
Section 2. Additional property, acceptable to the Co-Trustees,
may be transferred by Settlor or any other person in any manner
and at any time, to the Co-Trustees as additions to the Trust.
ARTICLE II
Statement of Family
Settlor is PEARL F. KIRBY, a single woman, with no living
children or other issue.
Settlor's beneficiary hereunder is OPAL LACY, also known as
?':-- BERTHA OPAL LACY.
ARTICLE III
Settlor's Rights
Section 1. The Trusts established by this Trust Agreement
are revocable, and the Trust may be revoked, altered and amended
at any time, as hereinafter provided, by the Settlor.
Section 2. The Co-Trustees shall pay the entire net income
1 . of the Trust, at least quarter-annually, to or for the benefit of
' Settlor during her lifetime, together with such amounts of the
Trust principal as Settlor may, from time to time, request in
writing.
f%
1.
SKLU LG SKL1: 4/4 /u4G14L-11 bo . u01 ,s
0
D 1100 REC 02040142. 01/22/86 14:10 $30.00 2/010
F 0691 MARY ANN FEDERSTEIN CLERK S RECORDER WELD CO, CO
section 3. I£, in the sole opinion of the Col-Trustees,
Settlor at any time is unable to apply funds properly to the - ..
needs of herself and those dependent upon her, the Co-Trustees
may suspend income payments and, instead, may expend for the
benefit of the Settlor and those deemed by the Co-Trustees to be
dependent on her, so much of the net income and principal of the
Trust as the Co-Trustees, in their sole discretion, deems necessary
.; or advisable for their health, support, maintenance and education.
Section 4. If at any future time or times, extraordinary
circumstances or special requirements for the health or well
being of the income beneficiaries hereunder shall exist, which in
the opinion of the Co-Trustees shall justify or render expedient
placing at their disposal of a portion of the principal of the
Trust, then it shall be lawful for the Co-Trustees, in their uncontrolled rll
discretion, from time to time, but without them being in any way obli-
gatory upon it, to transfer absolutely to the income beneficiaries
for their own proper use or benefit such portion or portions of
the principal.
Section S. Every provision of this Trust Agreement shall be
J .
construed to effectuate this intent.
ARTICLE IV
Estate Administration e .
Section 1. The Co-Trustees are authorized, but not directed,
to pay Settlor's funeral and burial expenses, legally enforceable
claims against Settlor or her estate, expenses of administration
of her estate, any allowances by Court Order for those dependent
on her, and all inheritance, estate and succession taxes payable
by reason of Settlor's death, together with any interest thereon
or other additions thereto, without reimbursement from any person.
Section 2. The Co-Trustees may make the payments referred
to in Section 1 hereinabove, or may pay over the amounts to the _.
Personal Representative of Settlor's probate estate. The Co-Trustees
I
SKLD LC; SKL10424 WE 2040142-1986 . D02 I iy" ' ? '
+: f
may rely upon the written statements of Settlor's Personal Rep-
' resentative as to all material facts relating to these payments
and shall be under no duty to see to their application.
' , V ARTICLE V
0
' ;.-75c;
V Trust
a THIS TRUST SHALL BE KNOWN AS THE PEARL F. KIRBY TRUST, AND _
om
03
a SHALL BE HELD AND ADMINISTERED, AS FOLLOWS:
,i n ra
-2 Section 1. The Co-Trustees shall pay all of the net income
i o w from the Trust herein created, at least quarter-annually, to
Settlor during her lifetime.
Section 2. Upon my death, my Co-Trustees shall forthwith
ry Z distribute the balance remaining in the Trust to said OPAL LACY,
:;re]
N
w also known as BERTHA OPAL LACY, if she shall have survived me.
ow
o N
w In the event she shall not have survived me, then such property
-'w shall be immediately distributed, in substantially equal shares,
I
vz
to the following named persons, all of whom are children of said •
V a OPAL LACY, to-wit:
•
W4
RITA LACY HIX, an adult, of Ida Grove, Iowa
oo JACK WILLIAM LACY, an adult, of Boulder, Colorado
ROLLIN LLOYD LACY, an adult, of Long Lake, Minnesota
I I .,o
m a' In the event one of the aforenamed children of OPAL LACY shall
!
not have survived, then the share he or she would have taken here-
under shall be distributed, in substantially equal shares, to the
survivors of the class of persons hereinabove named.
Section 3. With respect to the provisions of any Trust
created under this Article only, on the death of any beneficiary
entitled to receive income, all accrued and undistributed income
held for the account of such beneficiary shall be treated as if
it had accrued or been received immediately following the death
of such beneficiary.
ARTICLE VI
Powers of Trustee
; ! ; Section 1. If the situs of administration of the Trust is
in Colorado, the Co-Trustees shall have all the powers conferred
upon fiduciaries by the Colorado Fiduciaries' Powers Act, as such
•
-3-
S .
. 'SK D IG >KL_U4G4 W- t04U14L-1986 . 003 � ,� _
;
0
B 1100 REC 02040142 01/22/86 14:10 $30.00 4/010
F 0693 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Act may be amended from time to time, and notwithstanding the
fact that the Act may subsequently be repealed or held to be
invalid. If the situs of administration is outside of Colorado,
•
the Co-Trustees shall have all the powers of the Colorado Fi-
duciaries' Powers Act as it exists at the time of the execution
of this Trust Agreement, which Act is incorporated herein by
,
reference.
Section 2. In addition, my Co-Trustees shall have all of
the following powers, to-wit:
a) To make distributions of income on behalf of the bene-
b ficiaries, whether or not they be of age or legally competent, i '„
either directly to the beneficiary, to a guardian or conservator
i
of, or to others for the use of the beneficiary. The Co-Trustees
shall be under no duty to see to the use of such funds.
b) To determine, in their sole discretion, that it is no
'• i longer economical to retain IN TRUST any share created under this
', I Trust Agreement, and on such determination, to distribute the
entire remainder of such share to the persons then eligible to
, receive the income therefrom.
i c) To determine the identity of the beneficiaries and any
class of beneficiaries named in this Trust Agreement, with or
'3-1 without legal proceedings. Il_,
d) To make elections allocating deductions to estate tax
returns or to income tax returns, so as to reduce total death and
i- !! .- income taxes, without making compensatory adjustments between
t,. income and principal.
e) To use a nominee's name in dealing with any reputable
stock brokerage firm and to utilize and to pay for such services,
f) To resign at any time by delivering thirty (30) days'
written notice to Settlor during her lifetime and thereafter, to
each adult beneficiary, or if none, to the guardian, parent or
other person having the right of custody of each minor beneficiary,
then eligible to receive income.
:
ri t
,
.
j. 5h n
� a' 7� �i..i: � ` .,, �, : � ' _� it '
`. SKLD LC SKL7.0424 WE 2040142-1986 . 00< _, „� " „
.
1 rt. 1� 1, r • .
i
B 1100 REC 02040142 01/22/86 14:10 $30.00 5/010
F 0694 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
g) The Co-Trustees shall not be required-to cause stocks or
registered bonds belonging to the Trust to be registered in their .
ly names as Co-Trustees hereunder, but they may cause such stocks or
1''
IFI registered bonds to be registered in their own names without
a I disclosing the Trust or in the name of their nominee, but such
1 Lip registration shall not decrease the liability of the Co-Trustees.
!t
h) To buy, sell, and hold property in their names, or in .,
l
the name of their nominee, with or without disclosing the Trust.
_ i) To hold, possess, manage, and control the Trust and
every part and parcel thereof, and all substitutions therefor and
additions thereto.
1j
j) To receive, collect, sue for and recover the principal
of the same, and the rents, royalties, dividends, interest,•
income, issues and profits thereof.
k) To retain, for such period or periods, as the Co-Trustees
shall see fit, any and all property, real or personal, that may
•;' Il at any time belong to the Trust, in the form of investment in
which the Co-Trustees shall receive or acquire the same, without
any liability whatsoever for any decrease or diminution in the
value of such property and without any obligation on the part of
the Co-Trustees to diversify the investments of the Trust and
•I'..: with no limit on the Proportion of principal which may be held or
f, �' invested in shares of stock.
1) To sell, exchange, rent, lease, for long or short terms,
including terms extending beyond the term of this Trust Agreement,
1
Y;? i'. the terms with options for renewal or purchase, or both, and to
• F,,,
transfer, convey and otherwise deal with and dispose of, any and
all property, real or personal, that may at any time belong to
the Trust, whenever and from time to time, as to them may seem
•f; wise, and upon such terms and for such consideration, and for , I
cash or upon credit, as to them may seem advantageous to the
Trust.
• i
•
'I
SKr.L i,L SKL1O424 WE 2040142:1986 . 005 1 ;i
f
-
® :,
•
B 1100 REC 02040142 01/22/86 14:10 $30.00 6/010
F 0695 MARY ANN FEUERSTEIN CLERK 6 RECORDER_WELD CO,-CO
m) To make contracts and grant options and to execute and
deliver good and sufficient deeds, transfers and conveyances with
respect to any of the property o£ the Trust.
n) To borrow money from any source, for any purpose connected
-(!;. with and for the protection, preservation or improvement of the
Trust whenever, in their judgment advisable, and to secure the
payment of any money so borrowed, and any other obligation of the
.
Trust, by mortgage, deeds of trust, or pledges of any of the
. I' property, real or personal, that may at any time belong to the
.`It Trust.
": I=.I o) To construct or erect buildings or other improvements on
f:'j' Ps
any real estate at any time owned by the Trust and to repair,
�d any buildings or other
iI alter, reconstruct, restore, or tear down,
improvements and to subdivide or plat any such real estate,
including the laying out and dedication of streets, alleys,
is sewers and other easements and the adoption or imposition of
I'r
}',' Gk; II restrictions with respect to the use and occupancy of such real
:
' j I
1 estate.
4 :,...o.1'
and all stock
• .i an, p) To vote, either in person or by proxy, any
at any time belonging to the Trust, at any stockholders' meeting,
j,
for or in respect of any matters whatsoever that may come before
I
P such meeting, including the election of any person who may be an
employee of the Co-Trustees as a director or officer of any
. ,1: corporation, with or without salary or other emoluments, and to
waive notice o£ any stockholders' meeting.
,I q) To exchange any stock or other security held by the Trust
: for any stock or other securities, either or both, issued or of-
II i; . I
j fered pursuant to the reorganization, consolidation or liquidation
I ,
I;� of any corporation of which the Trust shall be a stockholder or a
security holder, and otherwise in all respects to exercise all
rights and privileges of a stockholder or other security holder
•
with respect to any stock or other security holder with respect
,` I , to any stock or other security at any time held by the Trust.
-6-
9 ..
It
.
SKLD LG SKL10424 W F 2040142-19b6. 006
i_ 1
• B 1100 REC 02040142 01/22/66 14:10 $30.00 7/010
F 0696 MARY ANN FEOERSTEIN CLERK 6 RECORDER WELD CO, CO
I r) To buy, sell, margin or otherwise encumber or use as
i
j .- collateral or "security," any stock or other securities held
by the Trust.
s) To prosecute, defend, compromise or adjust any and all
claims that may arise in favor of or against the Trust or any
!, property thereof, upon such terms and conditions as to them may seem
fit, or to abandon any claim or right in favor of the Trust, which,
in the opinion of my Co-Trustees, is worthless.
t) To employ, and pay for out of the Trust, any and all
taxes that may be assessed against or imposed upon the Co-Trustees
F or the Trust.
u) The Co-Trustees shall not be required to deduct from
income, any premium, or portion thereof, paid in connection with
the acquisition by the Co-Trustees of any security or other
investment, nor shall the Co-Trustees be required to make additions
to income on account of the purchase of any security at a discount
by the Co-Trustees, and the Co-Trustees shall have full power and
i
discretion to allocate to income or corpus, or to apportion
between income and corpus, in such manner, as the Co-Trustees
may deem proper, any money or other property received or disbursed
by the Co-Trustees, concerning the proper allocation or apportionment
of which there may be any doubt.
v) To accept contributions or other additions to the Trust
and to receive and administer as a part of the Trust any property
received from any person.
w) In addition to any other powers, immunities and privileges
I j heretofore granted to the Co-Trustees with respect to the investment
of the Trust funds hereunder and any shares of stock in closely
held corporations constituting a part of the Trust, the Co-Trustees
are expressly authorized and empowered to retain all or any part
of such trust for or during such time or times as they shall
determine, in their sole discretion, without liability on their part,
-7-
Ir
i r
SKLD LC SKL104z4 WE 2U1Ulc / 198b _ DC !
7s t
r l ` u
is ii
•
•
" ' B 1100 REC 02040142 01/22/66 14:10 $30.00 8/010
-
� � • F 0697 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
because of the character or size of such investment and the
-I,* hazard to the Trust by such retention, and the Co-Trustees shall -
not be accountable for, but shall be indemnified against, any _
liability because of any depreciation or loss to such Trust funds
which may result through such retention for a period longer than
' would be considered legal or prudent but for this express authority. '
•
ARTICLE VII
j11 Limitation of Powers
Notwithstanding any other provision of this Trust Agreement,
no power given to the Co-Trustees hereunder shall be construed to
enable Settlor or any other person to purchase, exchange, or
otherwise deal with or dispose of the principal or income there-
'
from for less than an adequate consideration in money or money's
worth; to permit Settlor or any other contributor to the Trust to
borrow income or principal; or to authorize loans to Settlor or
•}.iany other contributor to the Trust except on the giving of ade-
quate interest charge and adequate security. No person other
than the Co-Trustees in their fiduciary capacity, shall have the
power to vote or direct the voting of stock or other securities, .
-!r; to control the investment of trust funds either by directing
investments or reinvestments or be vetoeing proposed investments
or reinvestments, or to permit any person to reacquire the Trust
corpus by substituting other property of an equivalent value.
The Co-Trustees shall not use the income or principal of the
itc�,
S+I Trust to pay premiums of insurance on the life of the Settlor.
S ARTICLE VIII
Co-Trustees
I hereby appoint PEARL F. KIRBY and OPAL LACY, also known
as BERTHA OPAL LACY, of Boulder, Colorado, as the Co-Trustees
.,,; s of this Trust Agreement. In the event either shall die, cease to -
•� .` serve, refuse to serve or fail to serve for any reason whatsoever
or shall resign as such Co-Trustee, then I appoint CHART.FS A.
• Y. HURTH, JR. , of Boulder, Colorado, as the successor Co-Trustee
r„w
i
it-ir 4y. r
SKLD LG SKLIU4Y4 WE 2 u4U142-iYdb . UUd '; -{'
f,.
e is
• of this Trust Agreement, and hereby direct that my Co-Trustees
and successor Co-Trustee hereunder be permitted to qualify and
serve as such without giving bond or surety on bond in such
capacity. B 1100 REC 02040142 01/22/86 14:10 $30.00 9/010
F 0698 NARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
ARTIrtF IX
is
General Provisions
i 0 . . Section 1. The trusts created under this Trust Agreement
)1' .1
- -
shall terminate no later than twenty-one (21) years after the .
death of the last survivor of the Settlor and Settlor's belie-
' '! ficiaries hereunder, living at the date of Settlor's death.
Thereupon, the property then held in trust shall be discharged of
any trust and shall immediately vest in and be distributed to the --
persons then eligible to receive the income therefrom.
Section 2. The interests of the beneficiaries shall not be
subject to assignment, alienation, pledge, attachment or the
claims of their creditors. This provision shall not prevent the
/ exercise of, or transfer pursuant to the exercise of, any right
of disclaimer or power of appointment granted in this Trust
Agreement or under any rule of law.
Section 3, The validity of this Trust Agreement shall be
determined under the laws of the State of Colorado. Questions of
•I construction and administration of this Trust Agreement shall be
i),
0, ' determined under the laws of the situs of administration.
Section 4. The Co-Trustees shall report at least annually
to the Settlor and to the beneficiaries eligible to receive the
current income, all the receipts, disbursements and distributions
during the reporting period, and assets then held as the princi-
pal of the Trust. The records of the Trust shall be open at all
-- ` reasonable times to the inspection o£ the beneficiaries and their
! ..: appointed representatives.
IN WITNESS WHEREOF, the parties hereto have executed this
• . Trust Trust Agreement on the day and year first above written.
1
i
CO-TRUSTEES: SETTLOR: .,
✓"
PEARL F' -KI EARL F. RI
PEARL
C4./2,/ , (7 r-✓i.
DpAF, LACY, also kd wn as
BERTHA OPAL LAC]
i'
i ! " -9-
. SKLD Li; SKL1J424 WE 2040142-1986 . 009 ..
k: i
- SCHEDULE "A" -
Trust Property P
TO: PEARL F. KIRBY and OPAL LACY, also known as BERTHA OPAL
LACY, CO-TRUSTEES, under that certain Trust��+greement
entitled "PEARL F. KIRBY TRUST," dated on ',Daly //, 1984:
DESCRIPTION OF TRUST ASSETS VALUE
STOCKS
Madison Gas 6 Electric Co., Cert. No. 17223;
500 Shares/Common Stock - $8.00 Par Value
Public Service Co. of Colo. , - Cert No. N77400;
123 Shares/Common Stock - $5.00 Par Value
•
Public Service Co. of Colo. , Cert. No. N75435;
600 Shares/Common Stock - $5.00 Par Value '
.� .'. CERTIFICATES OF DEPOSIT
University of Colorado Federal Credit Union; .
No. 493-37 - Maturity Date: 7/11/85 $ 8,781.02
University of Colorado Federal Credit Union;
No. 493-07 - Maturity Date: 2/28/85 $ 12,644.43
1st National Bank in Boulder; No. 23341;
Maturity Date: 7/29/85 $ 6,286.64
f i'� : 1st National Hank in Boulder; No. 26171;
Maturity Date: 4/1/85 $ 25,000.00
1.- REAL ESTATE
Boulder County Property: 2926 15th Street,
Boulder, Colorado (legal description to
govern)
Weld County Property: Vacant Land
(legal description to govern)
B 1100 REC 02040142 01/22/86 14:10 $30.00 10/010
F 0699 MARY ANN F1ULRSTEIN CLERK & RECORDER WELD CO, CO
i
pl 3 ill I
1 iS''1
h it
it 1
SE q
2t/// 4 / d r�4
:Pate / PEARL F. KIRBY
The undersigned hereby acknowledge the receipt of the assets
above described.
CO-TRUSTEES:
/. 4' /Y T-0 EARL F. KIRBY
Date
2 /t i,C[I ��Y . a sR C..
ace OPAL iIO4CY, als known
BERTBAUOPAL LACY
SKLU LL SKL1U424 WE 1040142-:9�5b . 010 . .
1, r '. 2 Y '[
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ru
'
..1I h; ! JAN 2 1 1956 ' om nf➢RIrREO nr7UFt nl m ♦n 1
1 lid:. � 0RADO ® !- <
482040143 CEt1TIFICATESTATE0FC0L OF DEATH
�� EPNR'SKWR OR CORONER, I,
9(: I, alialAbe C(J OIt W.O.N.v1 .nc,
61c--TM Pearl F. Kirby ,Female , August.5, 1985 -
ADM» ,
o•caoa oESEN+ .c[ ,. I,•o...a'.7 ,,.w o•lE mo PrR COUNT),or of
N, ,. ; White •Americ'a`n I'.,�.�:.. ,V,, P. I arch 4 9 ,. B ulder
�P mR
[ .l Ic. c luc rnm OF o[aN „ov la a.oMLa INs m o - -..., -.— . m3o.o •;s 1
�s* I� , 2926 15th Street NA I ..
Rn�a Boulder
51n,f M,l,c„• ., IIIIEN OE xval tpVNEPV NY1a[p NEVEPNI.RPIF'. $VPV,VM YQISL +^r- RKED FORT.IE E S
OYC ED u� 4[0 rCRC[
Indiana " U.S.A. ,, i owed ,I None - No. 1
..L;Liu•,.Nu,•6EP USUAL MOP AiIN,C r-^i-. •a rn,DOJ euSINls OR1nu51R,
,'i _ .Y ,
524 24-4430A ;.,Housekee•er for Universit Housekeeping -
A ..I A.SCEr:CF-SralI CO,,,a-, CITY.10WI on Locavom -21. SnnFEIANMNW0CP - !C
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g: i1 „� Colorado ,_ Boulder ,_ Boulder 80302 .>. 2926 15th Street 'tes
i
F.a1NEN-NaAF .R
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,,m( , OIN ,4 IR. NF INS, •oo lV,
la Louis NhiN Watre Nellie NMN'. Hanel '
I _ Na uvL Aonalss...I r.R...o,o c,T.P„wN n-,• „ I
L 0•al Lac Friend 4500 - 19th 4446 Boulder Colo. 80302
•� O.IE M5..R•.... cLMnu.oacnLYRIOPY-NLM[JNDwR1,oN nrvwl(NN „�•.
)tII, ' 8-07-85 Green Mountain Cemetery Boulder, Colorado I I
i ilippI uaO AooRFW OP IVNEMtNo E.
1,;1'.3 I'_ ,_ — ..�Y/�� ditc .J Howe Mortuary 2121 11th St Boulder,C0803021
'il 4 .I' R•_ .,..„--...........—....,c....,..,—:‘,.... a
5. I Oar` _ " YC/ J Amm omisic. fD w.non...•, PaoNOVNCTo MAD , _
NF o... / y
T ' :R
- ,, 6. N.uE avL Aooa¢a s RUE,FR nE�,rs aAN o] aou[rt1 2525
I Dr. o L. Ni olay 2525 ,h Street Boulder' CO '- 803Q2
wE �,Ye.a.alcs �r--
D.ika - 1
a3 it Mtn ON ��[}NE c.IR'PCPJ.[YE r II .r,M. I' \ca„9 ou to OR As.ic/m�aJ[/OV♦N/Cf'or
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V•, lon ---
C. I.INN•J .L14015'lAVESTOATNN I K. .. ....
-1?.4 r , ,PC[O�,WRY
B 1100 REC 02040143 01/22/86 14:11 $3.00 1/001 w
F 0700 MARY ANN FEUERSTESN CLERK & RECORDER WELD CO, CO
1::
STATE OF COLORADO, CITY ANA VgUHt'l.OFB0ULDER I ,:
• .' I hereby certify that theahoVg is; a true, full and correct copy o₹ the
f; certificate in my custo ds-doer on file' in my office as required by ,law.
y-iS'' [i
I; Witness my hand and off': s l(at Mulder in said State, this
. ... date AUG 12 toga --/.4"..-- ' -
• o 'i-sQonnelly, M.D., Director '
� J g ar of Vital Statistics
, 1 Not valid without - _. 1
local reaistrarls 'City and Co(unt)y of 8 ulder, Colorado ,; ,• seal.
,i ; ,
11 1 S
i Il-Ffi r j ' al d Up 7i kl .I Ig 1 ik } 1,
is �� I ,I 4RlA Cr 'x v �7 11I 1 :! '
t... .,tl lit1 '4�. . ii,,�csj� i4 1'{ I ( I t ri t .II ,.ti 1 . �7.
.t., e_ I•, ,�, wY JI j 1
SKLD LC SKL10424 WE 2040143-1986 . 001
�- //vN6ie.
JAN 21 IF€E B 1100 REC 02040144 01/22/86 14:11 $3.00 1/Out
F 0701 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO _ �3
)
STATE OF COLORADO
5 .,.'{,
• f ) S5 RENUNCIATION AND REFUSAL
1,I, 1 COUNTY OF BOULDER ) z
p ;,i'.;1 AR2040144
' .r.. i �---, I, BERTHA OPAL LACY, being first duly sworn upon oath and ";� _
i being of lawful age, depose and state as follows:
7
1 1. That under that certain Trust Agreement entitled "Pearl
II F. Kirby Trust" executed on July 11, 1984, said Bertha Opal Lacy(..9 was named as a Co-Trustee thereunder, to serve with Pearl F.
tl Kirby;
D4 2. That said Trust Agreement provided that after the death
;gin; ii of Pearl F. Kirby, said Bertha Opal Lacy was the beneficiary
il1srl under the provisions of the Trust Agreement;
IIii i;,'.1
Wil 3. That said Pearl F. Kirby died on August 5, 1985; ,
1 !' L1 4. That Bertha Opal Lacy hereby refuses to continue to serve
: I as a Trustee under the Trust Agreement, and requests that CHARLES
• d A. HURTH, JR., of Boulder, Colorado, serve as the sole Trustee, as y•;� Charles A. Hurth, Jr. was named as the successor Trustee in the
. Trust Agreement; ��-
'.i.' 5. That pursuant to C.R.S. 15-11-801, et seq. (as amended) , . {
j ,, ' °I. Bertha Opal Lacy hereby renounces her interest in all real and
personal property passing to her by virtue of Pearl F. Kirby's
i' I Trust, and in accordance with the terms of said Trust Agreement;
1114 ff 6. That by renouncing her rights under the said Trust Agree-
i ; ,., l. ment, all real and personal property belonging to said decedent
, i" shall pass, in substantially equal shares, to her children, to-
tii. : wit:
pi'1 ,x.' 1' 33 1/3%
I ' iI, RETA LACY HIX, an adult II, JACK WILLIAM LACY, an adult 33 1/3%
3%
d iI 33 1 ROLLIN LLOYD LACY, an adult /
7. That the subsequent Trustee take all necessary and proper
I ; il, steps to transfer the said property of the Trust to the new bene-
I
I, ficiaries as soon as may be accomplished in a reasonable and pru-
! "l j dent manner, being mindful of the purposes and intents of the de-
'14'� ... cedent, as well as my desires as evidenced by this Renunciation
;, :. it and Refusal.
; LI' DATED at Boulder, Colorado, this 3 day of September,
' ?ji 11985.'
B ATHA OPAL LAc ( 1
� J
The foregoing instrument was acknowledged before me in the
• i; said Co y of and State of Colorado by BERTHA OPAL LACY,
't thi t day �/ , 1985. '.{.
WITNESS N.Y�AND OFFICIAL SEAL. }
r
i d - MY C6MMISSION EXPIRES: -
Y fi O S �/ , 1-
/ 1
.'1 )car
(SEAL QF:'NOTARY PUBLIC) ' ' 7
di 3.00Pt . a NTARY DLC 1
I1 ' r r CO -1.
ADDRESS: % .'
t: /q'
,t'-u�cr l /'v 3 d 2—J ;t.'.
FI:
''
it SKLD LC SKI10424�_WE' 2040144-1986 OS1 r,; " ! „'.
I
B 1096 REC 02036376 : I ' : 1e a a
*R2036,376 — F 0058 MARY ANN FIUERSTEIN CLERK.& RECORDER WELD CO, CO ,
_ - .
' . I) \\
';3 Aft 2040146 QUIT CLAIM DEED -
J
N, i
t. -41 TINS REED,mane am13th thy December ,19 85
• beturen ,.
4.. ''. CHARLES A. HURTH, JR. , TRUSTEE
of the 'County of Boulder and State of
I Colorado,granmia&and JACK WILLIAM LACY, as to an undivided
M me-third interest, ATrTTN LIfJYD NC, as to an ufsdi -
one-third interest, and JACK WILLIAM LILY and ROLLIN
1 L,lnyp TM_Y, o -TRUSIEbs, as to an CC undivided me-third
•
M whose legal address i` HouQder, 0 oratdo 80302
OD I of Lbe Cuumy of Boulder and Sum of Colorado.gmtcc(s),
r^ I' WITNESSEI H,That Um gunma RR.for and in consideration of Ow sum of
N Del I AW5
6' --NO CONSIDERATION
the ices ipl and sufficiency of which is hereby acknowledged.ha S rem:xd.released,sold,conveyed and QUIT CLAIMED,and by
vithese presents dcHs amiss.release sell convey and QUITCLAIM unto the gratin-cis),their heirs,successors and assigns, . '
fomcr, all the right title inerest claim and demand which the granlostlf ha S in and to the real pmpcny. together with _
Impmserne -s,if any.mate.lying and being in the County of Weld and Stareof
V II
Colorad
o.dooc-nbed ws follow: ..
Township_ Section one (1) , P
SE1 4 of
)
It!
1) North Quarter ( /
The S
i-• One (1) North, Range Sixty-Eight (60) West, of the 6th P.M.
�t and
1 4 of
Quarter SE )
Southeast ( /
ec North Half ( ( and the Sou h
V) The North, Range ICI
LTownship One (1) 4
Twenty-One (21) ,
section .
$ west of the 6th P.M.
68
' � Sixty-Eight ( )
i- B 1100 REC 02040146 01/22/86 14:12 $3.00 1/001
-:! £ F 0713 MARY ANN FEUERSTEIN CLERK G RECORDER WELD CO, CO.__
let
also knout]by noel and',Limbor as:
TO HAVE AND TO HOLD the same together with all and singular the appurtenances and pmvileges thereunto belonging or in
anywise them unm appenaining and all the estate.right rile.mterest and claim whatscmer,of the granrof),either In law or equity,to
Co only proper use.benefit and School of the granarelr)the it hews and assigns fore
a.
04 WITNESS WHEREOF.The granm,tsMus executed this deed oon tic
daddate set
forth above
W 1N✓✓I/�[,/I /n
—' CHARLES A. H R , JR
TRUS
TEE
S-TATE OF COLORADO,DO,County of BOULDER
The foregoingnstrumentson acknowledged before me Nis 13th day of December ,1985.
r by CHARLES A. FORTH, JR. , TRUSTEE
`,
my mmvusslno rspims April 18 ,19 86 Winos my hand and'animal seal.
q•�� ..`' ...'S T CY !$/( HAG
—__ sit !? y.Z.• ..
(. E in DynvvD inscn-Cty aM.
t �I Urz. - — ` - — _ set L"C -
No.933.Rer.J . ova cum+oitn nminot nwIw r SW w.ms,...t.a.-ms co sana—tlm,vaum `fb
SKLD r,G SKL1041_4 W6 )U4O�L46-1986 . 0U1p ",• . .
•
•
`= 1121 nEL 02063290 08/01/86
—
°u"T'°'"`^ -- F 0636 MARY 11:33 53.00 1/001
ANN FEUERSTEIN CLERK d RECORDER WELD CO, CO
PERSONA! REPRESENTATIVE'S DEED
. tTntme E.utel L
aR2Cb3290
I' THIS DEED,i,made by Esther t
�L k
/
en c �a ` I ARrp scnl ica of the Estate of
o _e — —_.JecrueJ.Grantor, •I
Al Walter Swink, T'— � Da and_
ustees of the S_i
I
ho.c Iced addrv„i. 2�1 0 F'esr Lggt} Ar, �Funtct
ArQ �• omf. 1C�Drad aOnJn ---
II
•• u'WHEREAS.the ahn'ommthcd Jeceda r in hi, IiILlin
Lunt\fill and Testament dated_ Ma h 9 " made and executed v his I
"a,J k a i,iitrcJ m olnwcNt(inlitnn.l — l9 u'hioh Will ,
I9 83 .hat tbu_ t al probate un_Oc toher 17 ---_ —
Pistric
of Adams nd S
.; r I I C I Court in nuhvthc_—
J Pr k. No. B PR�1 County •
WIICRC\S.Go duly appointed Personal Rp Represent fe'e of-id C.tats on O_ct h r �7 1 QRi Ii e t said capacity.
i
NOW.THEREFORE pur. Ire to the i
hereby ll .aces _ powers r' nl mJ upon Grantor by the Colorado Probate Code Grantor
! . oath!r and nu over unto Grantee r does
Ntx(RK the person
t dGxxvr 0f ther
prnpeny in,the lle captioned Willi'the folios-ail:de,erihcd rc�„INN p !An the to i on entitled to distribution
d properly situate in the_ of the
—.Srde of Colurau,, County of
e
I,
•
An undivided 27% interest in
Township 1 North, Range 68 West,st E/2 of Section 21 , 'I
6th P.M. :1
*Family Trust created under the Will of Walter A. Swink dated llj
March is, 1974
IF-
With all appunnanetssubjectco ctcenanls,etsements and restrictions of record,and subject to general m nil
- for the year 19 86 and_ hj -i to
ji
P Pc Ytaxes
I
•
1
•
•
r.
•
il
As usedlcreln.the singular includes the plwal and the n,ase Wme gender the and neuter genders as the context
llmay rcquirc
•
Executed, ,1 , 19 R6
as Kn nal Representative of the•
Walter Allen Swink a/k/a
Estate ofWal ter A. Swink_a/k/a Walter
•
Swink —
Deceased
• S.ATE of cOt_pltg Dti� •
�7`F-t—COUNTYOP !lr __1�,..
fkapricpring inslruntem wa,udnnugN_cU before me in the„,' /c.m'e-ydther Swink le°I Culurado lhlt
k day of County
o•Walter Allen Swink a ter A. % �{l,jf . 19�'a.
•
\V'itnes, —� home y""Representative of the Estate
Illy band and oflib:II s e,1.
A1Tepltu - s
li
_Atrizar:_j_pzies_a22 i!
:'.S4ikr Tltegrprr.J i
FU8L1C ' "= er co k viol •
Y,.. o¢
�o f S'OZ3
- a of'''' c- S"uY+e ere.7lwr nk ,t.vre.rer,uucr,u[ro t - _. 'i
SKLD LE SKL1D424 WE 2063290-1986 . 001
•
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that SWINK FAMILY FARMS, LTD. ,
A IOLOPADO LIMITED PARTNERSHIP, AS TO 73% INTEREST AND ESTHER m w
S'W]NK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, TRUSTEES OF THE o,2
SWINK FAMILY TRUST CREATED UNDER THE WILL CF WALTER A. SWINK DATED ''
MARCH 15, 1574, C/O ESTHER SWINK, of 2510 West 144th Avenue, ° "'
Broomfield, Colorado, being all of the owners of the following h
described property in Weld County, Colorado, to-wit: '< .,
n vw
o vn
(Se.e attached Exhibit A) "
a`
a L
Y
do heresy dedicate forever said property as a public highway, w o
pursuant to Colorado Revised Statute 43-2-201 (1) , free and clear of
all liens and encumbrances and warrants to title to the same. "",,
.3-.
mw
SWINK FAMILY FARMS, LTD. , A COLORADO ',IMITED PARTNERSHIP a
BY r c>
o (.0
T
m
ESTI'R SWINK, TRUSTEE OF THE SWINK FAMILY TRUST ' '
ac
SYLVIA ROSALEE SAUER, TRUSTEE OF TEE SWINK FAMILY TRUST o m
a
m
n
4& Grit Zr -�C4-
ALVIN WALTER SWINK, TRUSTEE OF THE SWINK FAN-ILY TRUST
O
O(]
O
STATE OF COLORADO )
)ss. S
COUNTY OF N1 D60“0.), n
TE
-Lb
The foregoing instrument was acknowledge before me this 24 day of
av __ 5 � a fl
_ 1996, by & herf_ ' lc- of Swink Family
Farms, -td. a Colorado Limited Partnership.
Witness my hand and n[fic!al seal.
(: / LL
/-talc_
iai
. � N^-a y Public
My commission. expires
7,illissicn nos JDiy 28, 1999 WFF
•
•
•
SKLD LO SKL_0424 WE 2502152-].996 - 001
STATE OF COLORADO )
9s.
COUNTY OF ,WEL-D bat )
oing instrument was acknowledged before me this „4(1 day of
Sq,I 1996, by Esther Swink, Trustee of the Swink
,CF,ah.ily" rd L . _
LOP.'
1Witnesd my hand and official seal.
/ f Ifot�ary Public
My LIssion expires:
` y Commission er^i•r^_Jfv?8, 1999
STATE OF COLORADO )
) se.
COUNTY OF W BouOt),
oin instrument was ackr_cwled ed before me this g g ny day of
, 1996, by Sylvia Rosalee Sauer, Trustee of the
Stdthk .?o ily Trust .
W�Lb.. t0W e .ss my hand and official seal.
.210 ir L-' “ � i44167,1-)
Notary Public
My commission expires :
Commission expires July 28, 1999
STATE OF COLORADO )
)as.
COUNTY OF gglatfLv.a..-)
(k
Theoregoing instrument was acknowledged before me this w `_day o
f�r�y, 1996, by Alvin Walter Swink, Trustee of the Swink
Family! Trust.
Witness my hand and official seal .
NN
otary Public
My commission expires:
My Commission expires July 28, 1999
� CA
2502152 8-1557 P-674 07/22/96 04:03P PG 2 OF 8
. .ateT r
SELD LO SWL=0424 WE 2502152-_996 . 002
ACCEPTANCE
The County of Weld, a body corporate and politic of the Stale
of Colorado, by and through its Board of County Commissioners,
hereby accepts the above dedication of property as a public highway
pursuant to Colorado Revised Statute 43-2-201 (1) (a) .
ed this ()Siff') day cf 7W021 1996 .
/K;4 m COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
F�. y STATE OF COLORADO
`� '0TI-J5- ARD
BY u7.(aCeV y �LjL.
y Clerk to�h� and Barbar J. Kiromeyer ommis oardo7/5/94
of County Commissioners or f�
the County of Weld
STATE OF COLORADO
)ee.
COUNTY OF WELDrtri
The foregoing instrument was acknowledged before no this
3 _day of 1996 , by
, C 11
, �a ir, Board of c,Oommi9sroners
of the County of weld. PI O \
A
Witness my hand and official seal. +1/ I
V/
Not y tic -_-_
My commission expires : Y4 Z6
WELDCNTY\CNTYAGT2.SWY
3502152 8-1557 P-674 07/22/36 04:03P PG 3 OF 8
S KLD LG SKL=0421 WE 2502152-1996 . 003
AGREEMENT 7
CONCERNING IMPROVEMENTS TO COUNTY ROAD #7 BETWEEN SWINE FAMILY
FARMS, LTD., A COLORADO LIMITED PARTNERSHIP, AS TO 73% INTEREST AND
ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, TRUSTEES
OF THE SWINK FAMILY TRUST AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this dirt day of 1996 by '
and between Swink Family Farms, Ltd. , a Colo ado Limited
Partnership, as to 731 interest and Esther Swink, Sylvia Rosalee Sauer and Alvin Walter Swink, Trustees of the Swink Family Trust •
created under the wi _ of Walter A. Swink dated March 15, 1974„
whose address is c/o Esther Swink, 2510 West 144th Avenue,
Broomfield, Colorado, hereinafter referred to as "Owners, " and the
County of Weld, a body corporate and politic of the State of
Co._orado, by and through its Board of County Commissioners,
herreinafter referred to as "County. "
WITNESSETH: •
WHEREAS, County finds: it necessary CO rebuild and improve
Couity Road 7, which is WeLd County Project No.95C20, and •
WHEREAS, Owners own the following described property:
(Se attached Exhibit A) , and
WHEREAS, County needs additional right-of-way in order to
complete the said project, and
WHEREAS, Owners wish to cooperate with County in said road
im..a ovement.
NOW, THEREFORE, the parties herein agree as follows:
1. Owners agree to sell and County agrees to purchase the
right-of-way shown and/or described on Exhibit A,
attached hereto and hereinafter referred to herein as the
"Right-o`_-Way" for the sum of TEN and 00/100's DOLLARS •
(510.00) .
2 . Owners agree to grant the Right-of-'Way to County by Deed
of Dedication, in the furs attached hereto as Exhibit B,
free and clear of all encumbrances.
3 . County agrees to pay the costs of title insurance and
recording fees, if necessary as determined by County.
4 . The parties hereby agree that neither has made or •
authorized any agreement with respect to the subject
matter of this instrument other than expressly set forth
herein, and no oral representation, promise,or
consideration different form the terms herein contained
shall be binding or: either party, or its agents or
employees, hereto. This Agreement embodies all
2502152 9-1557 P-674 07/22/96 04:03P PG 4 OF 8
SKLD LG SKL10424 WE 2502152-1996 . 004
•
agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to
the subject matter whereof other than as contained
herein.
5. Although the date of the transfer of the Right-of-Way
shall be the date of the delivery of the deed, it is
expressly agreed by the parties hereto that upon
execution of this Agreement by County and Owners, County,
its contractors, }gents, employees, and all others deemed
necessary by County shall have the irrevocable right to
possess and use ell of the Right-of-Way for the purpose
of construction, widening, and improvement of a portion
of said County Road 19.
6. Owner warrants that he/she is the owner of the Right-of-
Way and will defend title thereto against all claims.
7_ General taxes tor the year 1995 for the Right-of-Way
shall be apporticned to the date of delivery of the deed
based on the most recent levy and the most recent
assessment . Owner represent and warrants that all
general taxes levied prior to such year have been paid in
full by owner.
8. County agrees tc compensate Owner Ecr any loss or damage
to existing crops currently located on Owner's property
that is caused as a direct result cf the road
c:onstruct_on contemplated herein.
IT IS MUTUALLY AGREED that the terms and conditions of this
Agreement shall extend to and be binding upon the heirs, executors,
administrators, successors,and assigns of the respective parties
hereto.
IN WITNESS WHEREOF, the parries have set their hands on the
da and year first above written.
OWNER:
SWINK FAMILY FARMS, LTD. , A COLORADO LIMITED PARTNERSHIP, AS TO 73%
INTEREST AND ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER
SWINK, TRUSTEES OF THE SWINK FAMILY TRUST {,'(j/
SWINK F IL-Y FARMS LTD. o -/o// ' 9'- /
BY: C `J.�ti, .'f�,..-e...,.(/ TAX ID# (if applicable) :
ESTHE• SWINK, TRUSTEE OF SWINK FAMILY TRUST
2502152 R-1557 P-674 07/22/96 04:03P PG 5 OF 8
ill . .
SKLD LC SKL1O424 WE 2502152-1996 . 005
SYLUiA ROSALEE SAUER, TRUSTEE OF SWINK FAMILY TRUST
•
AL _N WALTER SWINK, TRUSTEE OF SWINK FAM_LY TRUST
ATTEST: ' a`l�!`�1-\—.._....
Li •
4 .I fI
OiG\
N BD' 8j ' 7NT COM SIGNERS OF WELD COUNTY, STATE OF COLORADO
t-CLE$IC PO.: TI*`p ARD 30ARU OF COUNTY CORNIEST() ERE
\cOTELTI �OMR41., IONE , �.�L K WELD COUNTY, COLORADO
BY- / 2 et-
epuCy Clerk CO C1 Band Bar ara J. Kirkiueyer , Chai 7/5/%
'.502152 B-1557 P-674 07/22/96 04:03P PG 6 OF d
SK,LD LG SKL10424 WE 2502152-1996 . 006
AGREEMENT
CONCERNING PAYMENTS UNDER THE TERMS OF THE AGREEMENT BETWEEN
SWINK FAMILY FARMS, LTD.,A COLORADO LIMITED PARTNERSHIP, ESTHER SWINK,
SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, TRUSTEES OF THE SWINK
FAMILY TRUST, Owner (Sl, AND WELD COUNTY, COLORADO, DATED My y ay- ,
1996.
Under the terms of the above referenced Agreement, it is the obligation of Owner
(s) to convey clear title to the subject property being conveyed from Owner (s) to
County. Payment of any negotiated amounts may require the release of claims of •
encumbrances of record, i.e., Deeds of Trust, liens, etc.. affecting the property. •
Typically, prior to payment by County to Owner Is), these releases are obtained by
the County or Closing Agents for the County. In certain cases.this process can take
several months or longer depending on the lien holder's response. •
In efforts to provide prompt payment to Owner (s), the County provides the
following choices to Owner is) regarding payment.Please check one box and,in the
space provided, provide any loan and or lender information that may be helpful
in obtaining the appropriate releases.
Simultaneously with tender of payment by County, Owner Cs) or Closing
c mpany shall deliver fully executed partial releases of any applicable Deeds of
Trust, liens, or encumbrances.
U Payment by County to Owner Is) under the Germs of the above referenced
Agreement shall be prompt with the obligation of the Owner ls) to cooperate in
any effort by the County to obtain fully executed partial releases of any applicable
Deeds of Trust, liens, or encumbrances. Should any amounts need to be paid to
reduce the principal of these Deeds of Trust, liens, or encumbrances, Owner shall
promptly pay same to the appropriate lien bolder.
L, 4- 7
'WITNESS - fa SWINK FAMILY FARMS, LTD.
n
1`.Y'" "�1!r 1 ESTHER SWINK, TRUSTEE
WHEELER ; SYLV ROSALE 1 AUER, RUSTEE
��• ALVIN WALTER SWINK,TRUSTEE
My Commis as July 28, 1999
ENCUMBRANCE INFORMATION
NAME OF LENDER ACCT H. _ ADDRESS & PHONE N'
WELDCNTY\SWINK.PMT
2i02'152 8-1557 F-574 07/22/9'S 04:01W PG 7 OF 8
-Mall-1 • -
I ___I . . I_
SKLD LG SKL10424 WE 2502152-1996. 07
CXHIBIT "A"
PROPERTY DESCRIPTION
A parcel of laud being pert of the Nonlw l Qualm (NISI/4) of Section Throaty-one (31),
Township One North (T.IN.), Room Slaty-eight West 0..68W.) of the Sixth Principal -_
Mardian (6th P.M.),County of Weld, Stab of Colorado and being mare particularly
described at follow.:
BEGINNING at the Section Corner common to Mellow 1 5 11 612 1 122•T.IN.-R.61W. and
warmly the Sari Ens of said NEI/4 to bar Sant 00'01'0l'East wit all other burlap
contained herein relative thaeb:
II: THENCE Sumn 00'ot'OP East 'long the Ent line of aid NE1/4 a distance of
78834 far;
d1: THENCE South 89'51'59'Weet a dlrnnoe of 30.00 feet to a point on the eating
Wataly Rlghi.O(-Way (ROW) line of Weld County Rod (WCR) IIO. Said point
bang the TRUE POINT OP BEGINNING:
p: THENCE South 00'01'01'Put along sad(Dalai Westerly ROW Rae it distance of
60633 feet
#4: THENCE North 08'(0'44°Wet a dingo° of 311.51 feet;
05; THENCE North OO'00'O0'West a diatom. of 94.55 fear
I6: THENCE North 11'39'05'East a donut of 201.11 fat to the TRUE POINT OF BEGINNING.
Said described parcel of lad wnWn. 15,534Square Pat mote or IoW(t) (0.357 Acres).
EURYEYOR'R CERTIFICATE
I,Chutes B.lone., a Colorado Regibred Prof/rubes! lad Surveyor do hereby stab that
Ihla Properly Dcrcrlpiloo we prepared under mypaaawl supervision sod that It is true and
caner to the bon of my knowledge. Information, belief,and in my professional opinion.
SE-P
Charles B.loon r •. /t4's —
Colorado Ryirtut2 Pm !
fnslo /V/
Land
In Surveyor 1771198 -
KING SURVEYOR'S INC.
1200 W.Mb Street, Sults C
Windsor, Colordo 80550
(970)6865011
Project Numbrs: 95020
2502152 B-1557 P-674 07/22/96 04.03P PC 8 OF 8
SKLD LG SKL10424 WE 2502152-1996. 0f38
I
11111111111111 III 111 1111111111 III 11111111
2809779 11/30/2000 09:46A JA SUKI Isukamato
1 of 2 R 10.00 0 0.00 Weld County CO
A.conw the day of _ , .r co clock_e
Aoeeptlm I RKOrder Iy
QUIT CLAIM DEED ,
Tali DUD, Mode thle day of
Wynn
TWINS 11MILY FAITS, LTD., A COLORADO LI)6TID 3AATMIEI1I➢ AS TO AN
DNDIVIDED 731 INTEREST AIL ITTRU SII]I. SYLVIA ROSALYN µDER. ALVII
NALTEI MINT, TRUSTIES OP TNT SWINE FAMILY TRUST CBIATID CO= TIE
WILL O7 NALTIR A. =MR =TAD MAACN 15. 1974 AE TO AN UNDIVIDED 27%
LATINIST
Granter, far the coq[dentition of •n TDf DOLLW A1D MCI fpm MW 1/aLLIAILE O:4513IUSlOli ••• In n.na paid,
hO.Nry bet L. end quitclaim*to
SWINE 7AMTLY FARMS, LTD, A COLORADO LIMITED 1PARTNERBSIP AS TO AN
OIWDIVIDID 774 INTZAZET AND ISTRIA TWINS, =VIII, ROSALII SAVER, ALVIN
WALTER SIN NE, TRDSTZES OF TICE SIREN ARTILY IROTT CR&1TYD U9DRR TER
WILL O1 HALTER A. TWINE DATED MACE 15, 1974 AR TO 1N UNDIVIDED 31%
INFIRIax
0ranted. slew .dlrwe II
• City of , Canty of WILD , 'tato of color.do , tn. fol to•iaa
reel property in the CdlnDy of MELD , and State of Colorado, to.It:
TER N 1/2 OF TAI ST 1/4 O1 SECTION 31, TOMNItI➢ 1 NORTI. MINI IS 1fITT
Cr THE STE P.M., COUNTY Or WILD. STATE OP COLORADO
C oleo known is .tn.t eft roseate VACANT L31D
pOFINE1 witn all h a apt.Pteg0aw.
The 'Insular titter .toll Inc Lude the Slur.,, the DLurot tno al nailer, is N. We of any Dander'loll
t be •aptic.al• to ell a.Mon. P1D^od at of the day end ye
ar first IDovo vrleton. //1�+� �Y
,-00/1. U .1APZ�l�OWL= ➢A)QLT FADII, LTD., A COLORADO 'O •1 SAVER, TWISTH {
�/OTT=D 91IT�X/ILTIP fa//V / �J /�),
y gLGC' K4yg,Q CL"-yc;
P ESTER.Sfepe/�W9R, MITZI YIN' y ALVIN WALTER MIR, TRVsTEE **
8Vf1LK FAMILY TRIM Q9➢ffit 71$ MIL CC SCR A. S CIRK DATED E69RQL 15
3:111"dColorefo I ..witnIIIIW_.,-
es, p\O,1o7 .4 Cr ry
Canty of WILD ) ZC��� e t O "••• .6,',•i,
€ -�,3 a
`\\ •..1 v
lA0 Uniting Intneent W wAS adlw Warp m to cloy q Y0U —^ S
by u or IWLIDL ll j .' FALLS. S 4 . f \ \04 ;y. •-. Y yY T I• 11 1.I - e iI - i • II r a
0' II J1 HI ! Y d Y Y—. OE 1d' L_: Y !�{r1Y C .,. ( t
.•,n:.' Y I 'wW •.- \II a..I •.7C. l r: • tl l , J
i'
',Wale Ty unherdo end ell clot •t . • { •` •• 9 f
My amnl ulon o•pl roe ry �� • • -. +e.
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3833970 Pages: 1 of 12
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Sieve Moreno Gl? 4 anc Recc'ner ue!tl Cou^�v ..0
Ill h'i'lirlir���iw ,Ner, fh;G�lf�li ��lMIII
DISTRICT COURT, COUNTY OF WELD, STATE OF
COLORADO
l
Court Address: Weld County District Court ,;iii •
901 - 9'hAvenue
Greeley, Colorado 80631
Petitioner: -- — — l
LEFT HAND WATER DISTRICT, a quasi-municipal A COURT USE ONLY
corporation of the State of Colorado, —
Case Number: 2011 CV 286
V-
Division: 4
Respondents:
SWINK FAMILY FARMS, LLP; ESTHER SWINK,
SYLVIA ROSALEE SAUER AND ALVIN WALTER
SWINK, as Trustees of the Swink Family Trust created
under the Will of Walter A .Swink dated March 15, 1974;
BOARD OP COUNTY COMMISSIONERS OF WELD
COUNTY; VESSELS OIL & GAS COMPANY and
JOHN R. L1 FEBVRE,TR. acting in his official capacity
as TREASURER OF WELD COUNTY, COLORADO.
RULE AND ORDER AND RELEASE OF NOTICE OF LIS PENDENS
THIS MATTER comes before the Court on the Stipulated Consent to Entry of Rule and
Order and Release of Lis Pendens entered into between Petitioner, Left Hand Water District and
Respondent-Landowners, Swink Family Farms, LLP and Esther Swink, Sylvia Rosalee Sauer
and Alvin Walter Swink, as Trustees of the Swink Family Trust created under the Will of Walter
A. Swink dated March 15, 1974(collectively "the Putties").
"UHF. COURT NOW FINDS, RULES AND ORDERS AS FOLLOWS:
I. The Court has full and complete jurisdiction over the subject matter of this action
and the parties hereto, and that all persons interested, as owners or otherwise, have been joined
herein as party Respondents. Further, since the property that is the subject of this action, as
described in the Petition in Condemnation and Amended Petition in Condemnation, is located in
Weld County, Colorado, venue is proper in this Court. •
Gernfaed L' be 1uli,true:inn e
Pain Holton abpy of theonglnal In-.my custody.
Faegre Baker Daniels LLP fiat . ,—2G 111 -0-1\3,„,
1700 Lincoln Street, Suite 3200 ( f«cry _2 G(,,7P�,-
Denver, CO 80203 Cler;<.cf the � mi t Ca:irt
41 Scanty, Cou;rodo
By
SEE: LE SK_,10421 WE 3833970-2012 . 00
• 3833970 Pages: 2 of 12
03/23/2012 01 :11 PM R Fee:$66.00
. store Moreno C.erk and 9ecorder geld Cou":y, CO
Ill P1'11'11161'1114r L4!i l l IiP'If11;Ih4,111 !Vrt i Ni l i
2. On or about March 17, 2011, Petitioner filed a Petition in Condemnation. On
September 26, 2011, Petitioner filed an Amended Petition in Condemnation seeking to acquire
property interests for the purpose of constructing a water storage tank site and related facilities as
well as a permanent non-exclusive easement for the installation of treated water lines to feed into
and out of the tank site, all as more specifically described in Exhibits I and 2 attached hereto
("the Property"). The Petition and Amended Petition named several Respondents, including
•
Respondent-Landowners, because said Respondents may claim an interest in the Property by
virtue ofcertain recorded instruments.
3. Service has been made upon all interested parries as required by law. •
4. Respondent, the Board of County Commissioners of Weld County, filed a •
• Disclaimer disclaiming all interest in the outcome of the proceedings, except for an interest in the
reservation and maintenance of all rights-of-way for County Roads consisting of thirty (30) feel
on both sides of each and every Section boundary line. Pursuant to paragraph 11 of the
Amended Petition, Petitioner agreed to take the Property subject to such rights-of-way.
5. Respondent Vessels Oil & Gas Company has not filed an Answer or any other
responsive pleading.
6. Respondent John R. Lefebvre, Jr., in his official capacity as Treasurer of Weld
County, filed a Disclaimer disclaiming any and all interest in and to the property described in the
Petition in Condemnation except for such rights and claims for the liens for general taxes and
special assessment, if any, as they attach to the Subject Property.
7. Petitioner and Respondent-Landowners have agreed that the total just
compensation to be paid for the taking of the Property and all interests therein, all claims for
compensation, damages to the remainder, if any, interest, attorney fees, appraisal costs, expert fees,
expenses, litigation costs, and any other claims for remuneration, is$235,000.
S. Upon entry of this Rule and Order, Petitioner shall deposit the 5235,000 into the
Court Registry. The clerk of Court Registry shall accept such deposit and Respondents shall be
entitled to withdraw the$235,000 from the Court Registry upon proper application to the Court.
9. Upon payment of the funds into the Court Registry, title to the Property shall vest
in the Petitioner by this Order.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1. The interests in the Property described in Exhibits 1 and 2 attached hereto have
been duly and lawfully taken by Petitioner pursuant to the statutes and the Constitution of the Stare
of Colorado, and title to the Property is hereby vested in Petitioner, subject only to the interest of the
Board of County Commissioners of Weld County in the reservation and maintenance of rights-of-
way for County Roads as described in Paragraph II of the First Amended Petition.
2. The total compensation to be paid by Petitioner for the taking of the Property,
including all claims for just compensation, damages to the remainder, if any, costs, expert fees,
2
SKLD IC SKL10'r21 WE 3833970-21)12 . 002
•
3833970 Pages: 3 of 12
03/23/7012 O1 11 on v °e_160
Steve Ito.eno. .:e k nd Recorder Weld Ccun:v CJ
VIII AA ��i1P�IL'b41l I�P:�f'{Ii4;P�f lill�'fN"111III
appraisal costs,expenses, attorney fees, interest, and any other claims for remuneration by any party
is$235,000.
3. Petitioner shall deposit the $235,000 into the Court Registry and the clerk of the
Court shall accept such deposit. That deposit shall be disbursed by the Clerk to the Respondents
upon motion pursuant to C.R.S. § 38-1-105(3).
4. A certified copy of this Rule and Order shall be recorded and indexed with the
Weld County Clerk and Recorder in like manner and in like effect as if it were a deed of
conveyance of the Property from the owners and parties interested to Petitioner.
5. Upon the recording of this Rule and Order, and to the extent inconsistent with this
Rule and Order, the Notice of Lis Pendens, recorded in Weld County on March 22, 2011 at
Reception No.3757551, shall be released and superseded by this Rule and Order.
MAR 1 5 2012
DATED:
BY THE COURT:
District Court Judge
tb.us.8240784.01
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SKID LG SKI10I2I WE 333397C-2012 . 003
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I.)PARCEL OYIERSIDP IS BASS) OV TE HENRYS cc THE QAINTY ASSESSOR.
2.)AE'CCvcw0 70 CA[NADO LAN'. gyp)MUST CWLOKL ANY LEGAL ACTON BASED UPON ANT DEFECT IN TN1$ SURVEY
MYIIIN 71NEE FURS AFTER YOJ FIST OPECO`AA SUCH DETECT. IN NO EVENT MAY ANY ACTON BASED UPON ANY
La3:C1 IN M15 SURVEY DE CONLON=MORE RIM ITN OEARS AITEI INC DATE OF R2 EERTIICATCN SH0'A*'HEREDI:.
3)104E 00 PORP05E OF THIS MAW IS TO SNOW Ti LOCATION OT NE EA EDEM(B).
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SRLD LC SKL=042; WE 3833970-2012 . 004
3833970 Pages. 5 of 12
03/23/2012 01: 11 P11 R Fee..g6600
Sl eve Mor enc. O.er4 anp Recoroa- wolr Gam•^I CO
III!Al 116 1P�� riJAIL'Li :lOC parr!4i*ii or!!!
A PARCEL OF LAND LOCATED !N THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP
1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD.
STATE OF COLORADO, ALSO SEINE A PORTION OF LANDS DESCRIBED AT RECEPTION
NUMBER 02063290. FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE.
BEING MORE PARTICULMLY DESCRIBED AS FOLLOWS'
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID
NORTHEAST QUARTER OF SECTION 21, ASSUMED TO BEAR 500'29'41'E A DISTANCE OF
2544.51 FEET, FROM A 2'ALUMINUM CAP L.S. #14083 FOUND AT THE NORTHEAST
CORNER OF SAID SECTION 21, TO A 2'ALUMINUM CAP L.S. #25937 FOUND AT THE
EAST QUARTER CORNER OF SAID SECTION 21;
BEGINNING AT A POINT ON SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION
21. SAID POINT BEARS SO0129'4 PE A DISTANCE OF 1280.26 FEET FROM SAID
NORTHEAST CORNER OF SECTION 21;
THENCE CONTINUING 500'29'4T'E ALONG SAID EAST UNE, A DISTANCE OF 560.00 FEET;
THENCE 58913019'W A DISTANCE OF 530,00 FEET; THENCE NOP29'4PW A DISTANCE
OF 680.00 FEET, THENCE 189'30'19`E A DISTANCE OF 530.00 FEET 10 SAID EAST
LINE AND THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION
21 BEARS SOO'29'41'E ALONG SAID EAST LINE, A DISTANCE OF 1364.25 FEE',
SAID PARCEL CONTAINS 5.27 ACRLS OF LAND, MORE OR LESS. •
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. DO
HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OH UNDER MT SUPERVISION
AND IS TRUE ALM ACCURATE TO 11-IE PEST OF MY KNOWLEDGE.
CHRISTOPHER P UULIAW. P.L.S. 31158 DATE '.
FOR AND ON BEHALF OF PRECISION SURVEY & MAPPING, INC.
14 feed-Nom
on�
R PARCEL
B'1g0115U Vey 3 K soc-. °,a>.
°"°"° I DESCRIPTION
.mA ro-o I_0 C tsar -9WA'
SKLD LO SKTh10421 WE 3833970-2012 . 005
3833970 Pager-C of 12
03/23/2012 01 :11 PM R Fee $66.00 •
Steve Moreno C.er, s a Recordc' Wets County CO
i����iilill �rn u ��r�'! if u4rc►,4VIinaNltVrMi till
NON-EXCLUSIVE
EASEMENT AGREEMENT
•
THIS AGREEMENT is made this day of 20,_, between Swink
Family Farms LLLP,a Colorado limited liability partnership,f/k/a Swink Family Farms, Ltd. and Esther
Swink,Sylvia Kmiec Sauer and Alvin Walter Swink,as trustees of the Swink Family Trust created
under the will of Walter A.Swink dated March 15,1974_(individually or collectively referred to as
"Grantor"),and LEFT HAND WATER DISTRICT,a quasi-municipal corporation and political
subdivision of the State of Colorado(the"District'),whose legal address is 6800 Nimbus Road,Longmont,
Colorado 80503.
FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency whereof are
acknowledged,Grantor hereby grants to the District,its successors and assigns,a permanent non-exclusive
right ("Easement")to occupy and use the property located in the Northeast Quarter of Section 21, Township
1 North, Range 68 West of the 6'h P.M. County of Weld, Stale of Colorado,and more fully described as
Parcels A and B on Exhibit A attached and incorporated herein by reference(the"Property"), to construct,
lay, install, inspect,monitor,maintain,repair,renew, substitute,change the size of, replace, remove,operate
and use one or more underground water pipelines, and all underground and surface appurtenances and
facilities thereto,of such size and capacity as necessary or required by the District, in,through, over and
across the Property.
IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the panics as
follows:
I The District shall have and may exercise the right of ingress and egress in,over,through and across
the Property for any purpose needed for the full enjoyment of any other right of occupancy or use
provided for herein.
2. Grantor shall neither cause nor permit the parking or storage of goods or equipment, or :he
construction or placement of any structure or building,street light,power pole, yard light,or the
planting of any tree, woody plant or nursery stock, of any kind,within any part of the Easement.
Where paved roadways are installed on all or any part of the surface of the Easement they shall be
installed and maintained by Grantor on and over the entire width thereof,with no planters, islands or
median structures. Any prohibited use or installation located on the Easement as of or after the date
of this Agreement, including installations not conforming to Paragraph 7 hereof,may be removed by
the District without liability to it for damages arising therefrom.
3. Fences existing as of the date hereof which are disturbed or destroyed by the District in the exercise
of its rights hereunder shall be replaced by the District to their original condition as nearly as may
reasonably be done. Grantor shall not,however,construct or install new fencing across or within the
Easement without the advance written consent of the District; such consent shall not be unreasonably •
withheld.
4. All water pipelines installed within the Easement shall be laid not less than four feet below the
surface of the adjacent ground.
i R}t :L�vt/t41 X,t
l
SKLD LG SKL10424 WE 3933970-2012 . 0066
• 3833970 Pages: 7 of 12 •
03/23/2012 01.11 PM R Fec'$66.00
Steve Moron Clerk and Reno,der Weld Oc.icly CO
� I "Ill%I • I it h++l G�h1 XXII+JJWti LIir hH l III ,
5. The District shall have and may exercise the right of subjacent and lateral support to whatever extent
is necessary or desirable for the full,complete and unmolested enjoyment of the rights herein granted.
•
Grantor shall neither take nor permit any action which would impair the lateral or subjacent support
for any water pipelines or appurtenances. Grantor shall not modify the earth cover over a District
pipeline without advance written authorization from the District,which shall provide for full payment
or reimbursement to the District of all costs of adjusting District facilities made necessary by such
modification.
6. Alter any construction or other operations by the District which disturb the surface of the Property,
the District will restore the general surface n g urf of-the ound,Including paving and authorized
� B
appurtenances,as nearly as may reasonably be done to the grade and condition it was in immediately
prior to construction,except as necessarily modified to accommodate District facilities. Topsoil shall
be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by •
the District shall be removed from the Property at the sole expense of the District. For a period of
one year following disturbance of the surface of the Property by the District,the District will
maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may •
occur as a result of the work done by the District. Seeding or sod replacement will be completed by
the District as soon as is practical after completion of the installation and grading.
7. Service lines from adjacent properties receiving service from District facilities in the Easement, and
other public water utilities such as water,storm,sewer,gas,electric,telephone, data transmission,
communication,and cable television lines may be installed in the Fnsement,provided that they do not •
interfere with the District's rights herein granted. Utilities which parallel the District's facilities shall
not be located closer than 15 fret thereto.Additional uses listed above,not related to the Left Hand
Water District in providing water service,would be at the sole discretion of the Owner.
2. Grantor retains the right to the undisturbed use and occupancy of the Property insofar as such use and
occupancy are consistent with and do not impair any grant or covenant herein contained.
9. If the District, by written instrument,releases its rights herein granted and erases to use the same,all
right,title and interest of the District hereunder shall cease and terminate, and the Grantor or its
successors in title shall hold the Property,as the same may then be, free from the rights so released
and shall own all material and structures of the District so released,but nothing herein shall be
construed as working a forfeiture of abandonment of any interest derived hereunder and not owned
by the District at the time of the termination of the District's rights.
10. Granting of this easement is subject to general taxes for the year this instrument is recorded and
subject further to easements, encumbrances,exceptions,limitations,restrictions and reservations
contained in instruments of record prior to the date this Agreement is recorded.
11. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon
the respective legal representatives,heirs, executors,administrators,successors and assigns of the
parties hereto.
12. This writing constitutes the whole agreement between the parties and no additional or different oral
representation,promise or agreement shall be binding on any of the parties hereto with respect to the
SK_D LG SKL10424 WE 3833970-2012 . 007
3833970 Pages: 8 of 12
03/23/2012 01'.11 PM R Fee:$56 00
Sleoe Moreno Cle.. .,..d Recorder ue.d Cou' l, co
liNIV,IOTMIC II
•
subject matter of this instrument.
IN WITNESS WHEREOF,the parties hereto have executed this instrument as of the day and year
first above written,
GRANTOR(S); •
Swink Family Farms LLLP,a Colorado limited liability partnership,f/k/a Swink Family Farms,Ltd.
wink Family Farms,Ltd; o/k/a
By:
Name: •
Title:
Date: ,2010
1'he Swink Family Trust created under the will of Walter A.Swink dated March 15, 1974
By: By:
Name: Name:
Title: Title:
Date: ,2016 Date: ,2010
By:
Name:
Title:
Date: ,2010
it
STATE OF COLORADO )
es. •
COUNTY OF ) •
Toe foregoing insrvment was acknowledged before me by as the of Swink Family Farms, LLLP,a Colorado LLLP this day of
,20 .
SKLD LG SKL10424 WE 3833970-2012 . 005
3833970 Pages: 9 of 12
03/23/2012 01.11 PM R Fee.$66.00
Ste,e noreno. Cher,. and Reuerder. Leld County. CO
UIIRi iI111rllilllil+ill#dPilliJ ing1f7IVNilliNht1I I
My commission expires'.
•
Witness my hand and official seal. Notary Public
•
STATE OF COLORADO )
)3S.
COUNTY OF )
The foregoing instrument was acknowledged before me by _,as the
of the Swink Family Trust created under the will of Walter A. Swink dated March 15,
1974 ,this day of ,20 .
My commission expires:
Witness my hand and official seal. Notary Public
STATE OF COLORADO ) '
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me by as the
of the Swink Family Trust created under the will of Walter A. Swink dated March 15,
1974 , this day of _,20 .
My commission expires:
Witness my hand and official seal. Notary Public
STATE OF COLORADO )
SS.
COUNTY OF
The foregoing instrument was acknowledged before me by as the
of the Swink Family Trust created under the will of Walter A. Swink dated March 15,
1974 , this day of 20 .
My commission expires:
Witness my hand and official seal. Notary Public •
•
SKLD LG SKL10424 WL' 3833970-2012 . 009
•
•
3833970 Pages: 10 of 12
03/23/2012 01'.11 PM R Fee
.$66.00
Steve Moreno Olen+ d Recoroer Weta County CO
k����nl����l��, � rr��t�ri��i����I.��t��r��ti,«�i���lIiii�
LEFT HAND WATER DISTRICT :
By
Kathryn A. Peterson, Manager
STATE OF COLORADO )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before ma by
as of Left Hand Water District, this day of
,20 .
My conunission expires:
Witness my hand and official seal. Notary Public
SKL� LC 5:2110429 WE 3833970-2012 . 010
3833970 Pages: 11 of 12
03/23/2012 01:11 PIT R Fee'$66 00
it eve Moreno Clare and Recc'der Me Id CoJnly LO
• h?'i al Ili III114I1Ni'1alrLS 11411"1 5Ifl i l 4 0 Hi sill
n n WRD CWNlY ROAD NO. 8 ..EXHIBIT A f NE for Sic. xI
TIN. RUN. 5TH P u
5•40.'n--, rWNO P'.W1W,y4
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POINT OF
BEGINNING
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TIN, R80W. 5Th P.M. Li
Sit I
PARCEL 'A' ' I WLT An(uNE
1j AREA-62,883 59.x7. ±
I
OWNER:
SWINK FAMIL" FARMS LTD„ A COLORADO ENDED -' �I EAST UNE NEI/E SEE. 21
PARTNERSHIP AND ESTNER SWINK, SYLVIA ROSALLE$ SAUER I/ /wsa OF HEARING •
•
ANC ALVIN WALTER SWIM(. TRUSRtS OF THE SWINK If
FAMILY IRUS1—REC. NO. 02063290 g, n
I n
S s
LINE TABLE S
LINE BEAFUNC DISTANCE 5 I O
11 50029'41"E 758.81' I Y
12 $1210'25'W 201.86' 0
L3 500'26'40"E 94.55' L9U
540,2r[n) - I
L4 500'29'24's 201.97 s9D.xr(np
LS 569'WI9"'N 50.49'
*'1,Y N/4 ..I NI:
US N002s24"W 196.55'
L7 NO020'40'W'I 103,59, L13—{t
1$ NI 2'11125% 201,57 PARCEL 'B'
_. MEA-9,654 S9.FE. ₹
L9 N00'29 41'w 753.36' ...///
110 N8938'40'E 50.00' -'
1,11 559'30'19"W 50.00' ,`11
117 N01729'41'W 183.00' 11
PARCEL "6"
L13 N89'3G'19'E 50.00' POINT Of r.
'i
BEGINNING :1 ,d
L14 50029'41'E 193.06' j
nOITRiJ'H-- b"a I
oB2Dp'1Tq— 1 �' /�F UN C SEC.ALVUI Ti
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OAr L, I)22410u
_ _ _ SCUM IHIC NEIL. X0. ]t _ GP 1S /23941
I
I.)MM4L.OWNERS*C IS BASED M MC RECORDS or THE CO-NW ASSESSOR
YMJDAARORDPIC TO CECL(I LAY.YOU Wen HOU FIRST 1 WCNCC ANY ISO AL ACPRI SAS1D UPON ANY OEfE:r N NRS SNOWY
NINE YEARS UPON MY •
DMZ(N INS AID AFTER(ONIENRD LWIE MM' 'UI YEARS SCCCR TF DATE Or C svol root Ps No EAGT NAY NO ACEA1TIcA REN ON$FOAM PIERSON. •
]))THE ONLY PURPOSE Cr IMS 41045T is 10 9o*THE LOCRTON Cr THE FI4YN1(S).
40 IV EAIISI�Iy91411.SC CONSw[AED KILL A�VOID K IT OOCS NOT BEAN IRE MONA( SCNA NAF AND SSA or TIC
soN.AS 2 SURVEYOR LF_IS ALTERED IN ANY MAY.
Avdan Piny 6 �1c �^ °r' IM0 I WATERLINE
R,AS4E.HA01....>e .nv10 Ina * v EASEMENT
.a.,
•
SKLD LG 5K'L10424 WE 3833970-2012 . 01. 1
3833970 Pages: 12 of 12
03/23/2012 01 11 PM R Fee:856.00
Steve Nnre.° (1er.. and HeCar ue: Le�W TT". ',. . .t. ...
6.
Il II h'I'' il56 Vi 11 I .Il Iiii,ID I.I�'�,miit ill
TWO PARCELS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21,
TOW?SHIP 1 NORTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE 9F COLORADO, ALSO BEING A PORTTDN OF LANDS DESCRIBED AT
RECEPTION NUMBER 02063290, FILED IN THE WELD COUNTY CLERK AND RECORDER'S
OFFICE. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF NORTHEAST DUAARIEN FOR THESE
SECTION 21, ASSUMED TOONG THE REAR SCO'29411EEAOF SAID
DISTANCE OF
2644,51 FEET, FROM A TALUMINUM CAP LS. #14083 FOUND AT THE NORTHEAST
CORNER OF SAID SECTION 21. TO A 2'ALUMINUM CAP LS. #25937 FOUND AT THE EAST
QUARTER CORNEA OF SAID SECTION 2';
PARCEL °A":
BEGINNING AT THE RTTERSECIION OF THE SOUTHERLY RIGHT—DF--WAY LINE OF WELD
COUNTY ROAD NO. 9 AND THE WESTERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD
NC. 7, SAID POINT DEARS 544'34'30'W A DISTANCE OF 42.37 FEET FROM SAID
NORTHEAST CORNER OF SECTION 21;
THENCE ALONG SAID WESTLMLY RIGHT—OF—WAY LINE "HE FOLLOWING FOUR (4)
COURSES:
1.) 500'29'41'E A DISTANCE OF 758.81 FEET;
2.) THENCE 512'10251W A DISTANCE OF 201.86 FEET; •
3.) THENCE S00'28'401 A DISTANCE OF 94.55 FEET;
4.) THENCE 505'2924'E A DISTANCE or 201.97 FEET;
THENCE DEPARTING FROM SAID WESTERLY RIGHT—OF—WAY LINE, 589,30'IA'W A DISTANCE
OF 50.49 FEET; THENCE NO8'79'24'W A DISTANCE OF 195,45 FEET; THENCE NO0'2B'40'W
A DISTANCE OF 103.39 FEET; THENCE N171025T A DISTANCE OF 201.87 FEET;
THENCE NO0729'41'W A DISTANCE OF 753.38 FEET TO SAID SOUTHERLY RIGHT—OF—WAY
LINE; THENCE N693d'40'E ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE, A DISTANCE OF
50.00 FEET TO THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF
SECTION 21 BEARS S31'09'DTE A DISTANCE OF 2514.75 FEET,
SAID PARCEL CONTAINS 52,553 SQUARE FEET OF LAND, MORE OR LESS.
PARCEL '5':
BEGINNING AT A POINT ON SAO WESTERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD
NO. 7. SAID POINT BEARS NO3'5923'N' A DISTANCE OF 492.09 FEET FROM SAID EAST
QUARTER CORNER OF SECTION 21;
THENCE 58930'19'W A DISTANCE OF 50.00 FEET; THENCE NOO29'41'W A DISTANCE OF
193.05 FELT; THENCE N89'JO'19'E A DISTANCE OF 51.00 FEET TO SAID WESTERLY
RIGHT—OF—WAY LINE; THENCE 50O29'41'E ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 193.08 FEET TO THE POINT OF BEGINNING; WHENCE SNO NORTHEAST
CORNER OF SECTION 21 BEARS NO01B'13'E A DISTANCE OF 2153,55 FEET:
5410 PARCEL CONTAINS 9,654 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, a REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT 1116 EXHIBIT WAS PREPARED BY ME OR UNDER uY SUPER'lSION
AND IS TRUE AND ACCURATE TO THE BEST DE MY KNOWLEDGE.
CHRISTOPN1'.'SR; : • `T4�, 31'58 (�0ATE—
FOR AND 0'k ;.'.ION SURVEY de UNITING, INC.
•
la c5 Reistn9J YBMypegEr. AN__AL
...,, Agp�0I WATERLINE
.:.....,....r.e r WHIP me" -.^--.."' Y111 EASEMENT
SKLD LE SKL-0424 WE 3833970-2012 . 012
•
3895862 Pages: 1 of 4
13/131Z1112
3/1 21112 01:31 ,no Tococoer63Zuaae c"nev,Sc37, 00
VIIII�'�YaC,+I'Jdlf!►liltI WL1V4fN!!I4�.N�'A�III
RECORDING REQUESTED BY AND THIS CONVEYANCE IS BEING
WHEN RECORDED MAIL TO: MADE AS A RESULT OF THE
DEATH OF AN OWNER AND
Baker&Hostetler LLP THEREFOR IS EXEMPT FROM
303 E. 17"Avenue,Suite 1100 DOCUMENTARY FEES AND TAXES
Denver,Colorado 80203 IN ACCORDANCE WITH C.R.S. §39-
Anention. Marei Clabaugh 13-107(1)(m),
QUITCLAIM DEED
THIS QUITCLAIM DEED, made This 415 day of December, 2012, by and among
SYLVIA ROSALLEE SAUER AND ALVIN WALTER SWINK, CO-TRUSTEES OF THE
SWINK FAMILY TRUST,created under the Last Will and Testament of Walter A. Swink dated •
March 15, 1974, whose legal address is 11910 Allison Street, Broomfield, Colorado 80020
("Grantor") and SWINK FAMILY FARMS LLLP, a Colorado limited liability limited
partnership, whose legal address is 37153 Dickerson Run, Severance, Colorado 80550
("Grantee").
RECITALS
WHEREAS,Esther Swink died on February 23,2012.
WHEREAS, pursuant to the terms of the trust agreement for the Swink Family Trust,
upon Esther Swink's death all property of the Swink Family Trust is to be distributed in equal
shares to: Sylvia Rosallee Sauer; Alvin Walter Swink; Sheryl Lynne Lowry and Terry Allen
Swink(individually,each a"Distributee"and collectively,the"Distributees").
WHEREAS, instead of each Distributee personally irking tole to an undivided one-
quarter (1/4) interest in the real property described herein, each Distributee has elected to have
his or her respective interest in such real property transferred to Grantee.
WITNESSETH, that Grantor, for the consideration of TEN AND NO/100 DOLLARS
(410.00),the covenants,conditions and restrictions herein described and other good and valuable
consideration, in hand paid, hereby sells and quitclaims to Grantee all of Grantor's right, title,
interest,claim and demand in and to the following real property,together with any improvements
thereon, in the County of Weld, State of Colorado,to wit:
An undivided 27% interest in the E/2 of Section 21, Township 1 North,
Range 68 West,6ih P.M.,EXCEPT for that portion condemned by the Left
Hand Water District, a quasi.municipal corporation of the State of
Colorado, pursuant to Rule and Order and Release of Notice of Lis
Pendens recorded with the Weld County Clerk and Recorder on March 23,
2012 at Reception No. 3833970, which condemned parcel is also
described on Exhibit A anached hereto and made a part hereof.
also known by street and number as:NiA;
SKLD LE SKL10429 WE 3895862-2012 . 001
4008051 04/09/2014 04:17 PM
Total Pages: 12 Rec Fee: $66.00
Steve Moreno - Clerk and Recorder, Weld County, CO
QUITCLAIM DEED
THIS QUITCLAIM DEED,is made this <9 day of 2014, between
SW[N$K FAMILY FARMS L:LL P, a Colorado limited,liability limited partnership, whose legal
address is 37153 Dickerson Run, Severance, Colorado 80550("Grantor") and SWINK FAMILY
FARMS LLLP, a Colorado limited liability limited partnership, whose legal address is 17153
Dickerson Run, Severance, Colorado 80550 ("Grantee").
NOW THEREFORE WITNESS that the Grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which am hereby acknowledged, does hereby remise, release, sell and QLITCI.:AI.M unto the
Grantee, its successors and assigns, forever, without warranty of title or any other warranty of
any kind or nature,all the right, title,;interest,claim, and demand which the Grantor has in and to
the following lands,if any(the"Property"):
IEII E''2 OF SECTION 21,TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M,
WELD COUNTY COLOR/ADO; SAVE AM) EXCEPT THOSE PARCELS DESCRIBED
IN V"1S 1R1 MI-N'IS :RECORDED JULY"22, 1996 AT RECEPTION NO. 2502152 AND
MARCH 23, 2012 AT RECEPTION NO. 3833970 AND DEED RECORDED DECEMBER
20, 1886 IN 13OO. 63 AT.PAGE 464 EN THE WE ID COUNTY REAL PROPERTY
RECORDS, which lands are also described by metes and bounds on the attached
Exhibit A.
Grantor and Grantee agree that this Quitclaim Deed clarifies the location and boundaries of
the Property by metes and bounds description:
EXECUTED UTI I)AND DELIVERED on the date set forth above,
GRANTOR:
SWINK FAMILY FARMS LIA,P
Alvin W.Swink, General Partner
13)': . ....>>: :A:;:
Sheryl L. Lowry,Getii~fal Partner
Terry Swink; General Partner
Page 1 of 12
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Page 2 of 12
I3y;_
Sylvia Sauer, General Partner
GRANTEE:
:
SWINK.FAMILY FARMS LI.LP
l
A
Ely-Li:4.+4,,,,,c ei A.:.....J $ea..:::f t,...
Alvin W. Swink, General Partner
By: ,. I a <z ,I-)".x
Sheryl L Lowry, General Partner
Ferry Swink,General Partner
SylvikSauer, General Partner
STATE.. OF COLORADO )
)ss.
COUNTY OF 4 )
The foregoing instrument was acknowledged before me this __day of `tif _ ,
2014, by Alvin W. Swink, Sheryl L L.Owxy; Terry Swink and Sylvia Sauer as Gent.ral Partners
of SWINK FAMILY FARMS LLLP, a Colorado limited liability limited partnership, on behalf
of'said partnership.
Witness my hand and official seal.
RYAN T MANS
li) r4 Public:
a 0Pak
CONS
Meaty ID 20114020262 My Commission Expires: ' 42.%L.G
141y CattanbssWn Ex�kss 46:21,2flt6
Page 2 of 12
4008051 04/09/2014 04:17 PM
Page 3 of 12
EXHIBIT
L a I I)escripli0nof the Property
A PARCEL OF LAND BEING LOCATED IN THE NORTHEAST QUARTER OF SECTION
21,'TOWNSHIP NSHIP 1 NORTH,RANGE 68 WEST OF ITIE. 6'FH P.\1.,COUNTY OF \\1L1 ,
STATE OF COLORADO.
BASIS OF BEARINGS: ASSUMING THE NORTH LINE OF THE NORTHEAST
QUARTER OF SECTION 21, 'TOWNSHIP"NSHIP I NORTH,I I, RANGE 68 WEST OF THE 6TH
H
PRINCIPAL MERIDIAN, :.S MOM MI N"i I I7 I3\' AM) 6 REBAR WITH A 2 INCH
ALUMINUM CAP MARKED "LS 14087 1994" Al I.ۥIF NORTHEAST CORNER OF SAID
SECTION ION 21 AM)A NO:6 RI.B \R:\A 1111 A 2 INCH AI:.L MIN TIM CAP THAT IS
ILLEGIBLE AT THE NORTH QUARTER CORNER OF SAID SECTION IO:N 21 TO BEAR
S g9°38≥6" W. A DISTANCE OF 2266,3.38 F F 11"€"WITH AlALL BEARINGS (1ON 1 AINE'.0
HEREIN RELATIVE THERETO.
FO.
BEGINNING AT SAID NORTHEAST CORNER OF SECTION 21:
THENCE 5 0Q029'40 F AI..ONC THE EAST I TINE OF TILE NORTHEAST QUARTER OF
THE: NORTHI.AST QUARTER ER OF SAID SECTION 21 A DISTANCE OF 754.51 FEET TO
THE NORTHERLY LINE OF THE 50 FOOT WIDE,DITCH PARCEL AS DESCRIBED IN
BOOK 63 AT PAGE 464;
THENCE ALONG THE NOR`I H RI.Y AND EASTERLY LINE SAIL) DITCH THE
FOLLOWING TEN (1 0) COURSES:
1} N 67°28'48" W A DISTANCE OF 239,67 FEET TO A POINT OF CURVE;
2) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OE 32'50'3:3", A RADIUS OF 6255.00 EN T. A CHORD
BEARING 1 N 83'54'04" W A INS I ANCE OF 35 3.3 i FEET I I`AM)AN ARC I:,F NC3'1 H
OF 358.26 FEET;
3) S 79"40'39" W A DISTANCE OF 295.96:
4) S 77'11'24" W A DISTANCE OF 216S() FEET;
5) S 74°4F14" W A DISTANCE OF 128:71 rum
6) S 73"56`17" W A DISTANCE OF 61,54 FE:I::I':
7) S 80°39'3(}" V4 A DISTANCE OF 117.42 FEET;
ET;
8) N 01'25`121' W,A DISTANCE OF 151.00 FEET;
9) N 00"4215 7" E A DISTANCE OF 224.40 FEET;
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Page 4 of 12
10) N 00'4926"E A DISTANCE OF 412.541 FEET TO SAID NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 21.
THENCE N 89'3836' E ALONG SAID NORTH LINE OF THENORT NORTHEAST QUARTER OF
SAID samoN 21 A DISTANCE OF 1363.00 FEET TO THE POINT OF BEGINNING;
SUBJECT TO THE RIGHTS-OF-WAY FOR COUNTY NUMBERS 7 ANT) 8 AS
DESCRIBED AT BOOK 86,PAGE 273,
SAID DESCRIBED PARCEL OF LAND CONTAINS AINS 935.867 SQ FT. OR 21,485 ACRES
(GROSS) AND 373,42.2 SQ. FT OR 20.051 ACRES (NET). MORE OR LESS.
AND
A PARCEL OF' LAND BEING tocATED IN THE EAST HALF OESECTION.21,
"I"O%\`NSHIP 1 NORTH, RANGE 68 WEST OF THIS 6TH PM.. COUNTY OF WELD, STATE
OF COLORADO.
BASIS OF BEARINGS: ASSUMING THE NORTH LINE OF THE NORTHEAST
QUARTER OF 51-:C"HON 21,'1*TOWNSHIP 1 NORTH. tANGE. 68 WEST OF THE 6"1K
PRINCIPAL MERIDIAN,AS MONUMFN'1FD BY A NO. 6 R.EBAR WITH H A" INCH
ALUMINUM CAP MARKED "LS 14087 1994" AT IHI Nola!IE MAST CORNER OF SAID
SEC Li )N 21 AND A NO. 6 REBAR.WITH A 2 NCH ALUMINUM CAP THAT IS
ILLEGIBLE AT THE NORTH QUARTER CORNIER OF SAID SFr TION 21 TO BEAR
S 89'38'36" W, A DISTANCE E OF 2663:38 FEET WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO.
COMMENCING AT SAID NORTHEAST CORNER OF SAID SECTION 21:
THENCE S 00"29'40' F ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF
THE NORTHEAST AST QUARTER SAID SECTION 21 A DISTANCE OF 808.83 FEET TO
THE POINT OF BEGINNING
THENCE E S 00'21'40" L CON'T'INUING ALONG SAID EAST LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 471.43 FEET TO THE
\OILI I[1 j\5T CORNER OF THE LEEI'HAND WAFER DISTRICT PARCEL DESCRIBED
AT RECEPTION NUMBER 3833970;
THENCE ALONG SAID PARCEL THE FOLLOWING THREE (3)COURSES:
.1) S 89'10'19' W A DISTANCE OF 530,00 FEET;
2) S 00°29'41" E A DISTANCE OF 680.00 FEET;
Page 4 of 12
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Page 5of12
3) N 89'30'19' A DISTANCE OF 530,00 FEET T TO THE EAST LINE OF THE
SOUTHEAST QUARTER OE THE NOR'THEAS'T"QUARTER OF SAID SECTION 21.
THENCE S 00°29'40" E ALONG SAID EAST LINE OF THE SOUTHEAST Q€.TARTER OF
THEE NORTHEAST QUARw I1 U OF SAID SECTION:21 A DIS`TANCE OF 90.15 FEET I:T TO
THE NORTHERLY LINE I`III 50 FOOT WIDE DITCH PARCEL AS DESCRIBED IN
BOOK 63 AT PAGE 464;
THENCE ALONG SAID NORTHERLY LINE THE FOI.,LOW ING'I UIR.TY I wO (32)
COURSES:
11) 51'26'38" W A DISTA`N1€ Ir OF 109.05 FEET TO A POINT OF CURVE;
1 ;
12) ALONG THE ARC OF A TANGENT CURVE TO I HE. Rican: HAVING A
CENTRAEANGI::II OE 31'1€)'54". A RADIUS OF 375.00 FE T AM) AN ARC
LENGTH OF '04.08 FEET;.
13) S 82'37'33" W A DISTANCE OF 22627 FEET TO A POINT OF CURVE;
14) ALC}NCi THE ARC OE A TANGENT CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 13'3439", A RADII1S OF 525.00 FIBI;1 AND AN ARC
LENGTH OF 124.41 FEET;
T;
15)N 83'47'48" W A DISTANCE I OF 21221 FEET ET TO A POINT OF CURVE;
16) ALONG THE ARC OF' A TANGENT CURVE TO 1 I IE LEFT,, HAVING A
€:ENTRAI: ANGLE OF 20°51'49", A RADIUS OF 565.00 FEET AND AN ARC
LENGTH OF 20534 FEIN;
17) S 75°20'23" `1Y'A DISTANCE OF 6,27 FEET TO A POINT OF CURVE;
18) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A
CEN[R m. AN(r1.E OF 22'5326',A RADIUS OP225.0011-1 1'AM)AN AIR:`
LENGTH OF 89.89 FEET;
19) S 52"26'57" W A DISTANCE OE 22.72 FEET TO A POINT OF CURVE;
20). ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,T, HAVING A
CENTRAL ANGLE OF X16"45';6` A RADIUS OF 165.00 FEE! AND AN ARC
LENGTH OF 134.66 FEET;
21) S 05'41'21" W A DISTANCE OF 106.91 FEET;
22) S 01°41'27" W A DISTANCE OF 92.68 FEET;
Page 5 of 12
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Page 6 of 12
23) S 01'00'54" Aa A DISTANCE OF 69231 FEET 1• TO A POINT of CURVE;
24) ALONG THE ARC.OF A TANGENT CURVE.TO THE RIGHT, HAV ING. 1
CENTRAL ANGLE OF 09°38'04"`,:A RADIUS OF 1,075.00 FE Er AND AN ARC
LENGTH OF 180.76FEET;.
25) S 10'38'58" W A INSTANCE OF 50.93 FEET T TO ,A POINT OF CURVE;
26) ALONG THE' RC OF A TANGENT CURVE THE RIG€LL, HAVING A.
CENTRAL ANGLE OF 05°50'26 A RADIUS OF 1,225.0o FEU i AND AN ARC
LENGTH OF 124.87 FEET;
27) S 16'29'24'1W A DISTANCE OF 29.?2 FEET TO A POINT OF CURVE;
28) ALONG;THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A
CENTRAL TRAL ANCd E''OF 45'35'42",A RADIUS OF 235.00FEET AND AN ARC
LENGTH 187.01. FEET;
29) S 62"05'05" W A DISTANCE OF 52.4711 T T
30) S 57'50'12"W A DISTANCE OE 48.87 FEET TO A POINT OF CURVE;
31) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,HAVING A
CENTRAL ANG€::E OF 4 38'29', A RADIUS OF 150.00 FEET AND AN ARC
LENGTH OF 64.5E FEET;
32) S.33°11'13" W A DISTANCE OF 111.15 FEET TO A POINT OF CURVE;.
33) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING Apy,r�
CENTRAL ANGLE OF 36°47'55" A RADIUS OF 200.00 FEET AND AN ARC
LENGTH OF 128.45 FEET;
34) S 69"59'39" W A DISTANCE OF 171.86 FEET I:T TO A POINT OF CURVE;
35) ALONG, TIE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OF 12'52'09",A RADIUS OF 925.00 FEET AND AN ARC
LENGTH OF 207.76 FEET;
36) S 5T07'30' W _A DISTANCE OF 139.1.0 FEET TO 1 POINT OF CURVE;
3'7) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 21 '3:"s'51.", A RA€DIU;S OF 200.003 FI 1 AND AN ARC.'
LENGTH OF 75.2'7 FEET;
38) S 75"4!'20" W A DISTANCE OF 119.10 FEET TO A POINT OF CURVE;
Page 6 of I2
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Page 7 of 12
A9 ALONG THE ARC OF A TANGENT 1 CURVE TO HE RIGHT, HA v a NG A
C E.N'I RAI..ANGLE OE +3`20'04", A RADIUS OF 145.00 FEET AND AN ?R.C
LENGTH OF 84.36 FEET,
4€F N 67'58:36"36" AAA DISTANCE OF 47.24 FEET TO A POINT OF CURVE;
4I} ALONG T IE ARC OF A TANGENT CURVE TO THE LEFT. HAVING A
CENTRAL I RAI. \NGI F OE 35'56'55", A RADRIS OE 27).00 FEET AND AN Ali€`,
LENGTH OF 172.54 FEET;
42) S 7€ i)4"29" \4'A 1)151 \MT 01 23,27 FEET 11- E.. WEST LINE OF 'THE
SOUTHEAST QUARTER OF SAID SECTION 21.
THENCE N 00°16'05" W MONO:THE WEST LINE OF THE SOUTHEAST QUARTER.OF
SE.€:'HON 21 ;A DISTANCE OF 1223,81 FEET TO'THE CENTER Q1 :\It11Z4.ORNEROF
SECTION 21;
THENCE N(KM 6'06" 91 ALONG Tim \AI ST L NEOFTHENOR:EHEASTQE ARTER OF
SECTION 21 A DISTANCE OE 2649.86 FEET TO THE NORTH QUARTER CORNER OF
SE€:`I'ION 21;
THENCE N 89"38'36"E ALON€, THE NORTH LINE OE THE NORTHEAST I HEAT QUARTER OF
SAII) SECTION 21ADISTANCE OF1250.37 FEET TO THE AAE:SE1:RI:,\'LINE OF'II11 50
FOOT WIDE 1'3ElCO PARCEL AS DESCRIBED IN BOOK 63 AT PAGE 464
THENCE ALONG THE WESTERLY AND SOUTHERLY LINE OF SAID DITCH THE
FOLLOWING ELEVEN (II)COURSES'
1) S 00"49''26" W A DISTANCE OF 411,56 FEET;
2) S 00°42'57" W A DISTANCE CE OF 725.38 FEET;
T;
3) S 01'25'12" E A DISTANCE OF 155,38 FEET TO A POINT OF CURVE;
4) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OF 97°5598",A RADIUS OE 47.00 FEET ANT)AN ARC
LENGTH OF 80.33 FEET;
5) N 801930'' E A DISTANCE OF 123.80 FEET;
6) _N 73"561:7" :E A DISTANCE OF 64.14 FEET;
7) N 74°41'14" F A DISTANCE OF 127.29 :FEET;
8) N 77°11'24" .E A DISTANCE OF 214.63 FEET;
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Page 8 of 12
9) N' 79°40'39" L A DISTANCE OE 294.87 FEET T TO A POINT OF CURVE:
10) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 32"50.33"„A RADII IS OF 575.00 FEET'l AND :N ARC::
LENGTH OF s29.60 FEET;
11) S 67'28`48" E A DISTANCE OF 260.911 FEET E 1'TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM 1 HAT P.AR(:I I.: OF LAND DIEDR AT F.D TO WI'EI.:D COUNTY
AS A PUBLIC IC HIGHWAY IN THAT DEED DEDICATION RECORDED JULY 22, 1996
AT RECEPTION NUMBER 25021 52.
SUBJECT TO THE RIOT-ITS-OF-WAY FOR COUNTY ROAD NUMBERS 7 AND 8 AS
DESCRIBED AT BOOK 86, PAGE 273,
SAID DESCRIBED PARCEL OF LAND CONTAINS 6,600,415 SQ. FT. OR 15L525 ACRES
(GROSS)AND 6,530,936 SQ. FT. OR 149.930 ACRES (NET),MORE OR LESS.
AND
A PARCEL. OF LAND BEING LOCATED IN THE EAST HALF OF SECTION 21,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY O WELD. SIA1E.
OF COLORADO.
BASIS OF BEARINGS: ASSC.M Nt THE SOUTH l INE OF THE SOUTHEAST
QUARTER or SI:C:I ION 21, TOC1'VSI1.11' I NORTT1, RANGE 68 WEST OF 'THE 6TH
PRINCIPAL MERIDIAN AS MO\UMF\ILD BY A N O. 6 REBAR WITH A 2 INCH
ALLMIN :NI CAI'MARKED "LS 25937 1995"AT'nth U S( uni f AST CORNER R.OF SALE)
SECTION 21 AND A NO. 6 REBAR WITH A 3-1,4 INCH ALUMINUM CAP 1 LARKED "ES
1315 1998" Al 7'F'1F. SOW F;I Qt TARTER CORNER()1? SAID SECTION 21 TO BEAR
S 89'23':58" W, A DISTANCE E OF 2684.63 I EET WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO.
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 21:
THENCE S 89°23'68" W ALONG SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 21 A DISTANCE OF 2,684.63 FEET TO TEE 501/m QUARTER CORNER ER OF
SAID SECTION 21;
THENCE N 00°.16'05" W ALONG TILE WEST LINE OF THE SOUTHEAST QUARTER ER OF
SAID SEC noN 21 A DISTANCE OF 1375.13 FEET 1 TO THE SOUTHERLY IERF:V LINE CIE OF THE
50 FOO'i' WIDE DITCH PARCEL AS DESCRIBED IN BOOK 63 AT PAGE 464:
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THENCE ALONG S_ 1D SOUTHERLY LINE I FE FOLLOWING THIRTY TWO (32)
CO 1RSF:S:
1) N 76'04'29" E A DISTANCE OF 35.42 FEET TO A POINT OF CURVE;
2) ALONG THE ARC OF A 'TANGENT E NT CURVE TO THE RIGHT, HAVING A
CEN FRA:E, ANGLE OF 35'56'55". A RADIUS OF 225.00 FEET ANT) AN ARC
LENGTH OF 141.17 FEET;
3) S 67'58'36"E A DISTANCE OF 47.24 FEET TO A POINT OF CURVE;
4) ALONG THE ARC OF A TANGENT CURVE RVE TO THE LEFT, HAVING A CENTRAL
\Ms1 F OF 333'20'04", :A Rr\DH IS OF 195.00 FE;E:;I AM) AN ;ARC E:.ENUTFE OF
113.45 FEET;
5) N 78'4120" E A DISTANCE OF 119.11)FEET TO A POINT OF CURVE;
6) ALONG FILE ARC OF A TANGENT NT CURVE TO THE LEFT, HAVING NG A CENTRAL
AMAX,OF 21'33'51". A RADI:[ S OF 230.00 FEET AND AN ARC LENGTH E1 OF
94,09 FEET;
7) N 5'7'07'30" I:_ A DISTANCE OF 13910 FEET TO A POINT OF CURVE;
8) ALONG THE :ARC OF _I TANGENT CURVF.:'1'0 THE RIGHT, HAVING A
CENTRAL ANGLE OF 12°52019" A RADWIS OF 875.00 FEET AN ARC
LENGTH OF 196.53 FEET;
9) N 695939° FA DISTANCE OF 171 .86 FEET TO A POINT OF CURVE;
10) ALONG THE ARC OF A'TANGENT CURVE TO THE LEFT, HAVING A.
CENTRAL ANGLE OF 36•'47'55" A RADIUS OF 250.00 FEET AND AN ARC
LENGTH OF 160.56 FEET;
11 i N _13'11'43" E A DISTANCE OF 11117 FEET TO A POINT OF CURVE;
12) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A
CENTRAL I'RAL:,ANGIE OF 23°52'12 A RADIUS OF 100.00 FEEi AND AN ARC
LENGTH OF 41.6E FEET;
13) N 57°50'12" E A DISTANCE OF 4834 FEET;
14) ,N 62'05'05' F: A DISTANCE OF 50.62 FEET TO A POINT OF CURVE;
15) AI.wwN'i;i THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A
CENTRAL AN(TI:I OF 45'3542% A RADIUS OF 285.00 FEET AM) AN AR(_`
LENGTH OF 226.80 FEET;
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16) _N 1629'24" F A DISTANCE OF 79.52 FEET TO A POINT OF CURVE;
1.7) NIXIN€:€ THE ARC`: OF ATANGENT CURVE TO THE LEFT, HAVING A
€ I N`I'RAL ANGI..E; OF 05'50'26", A RADIUS OF 1,275.00 FEET AND 1'N ARC
LENGTH OF 129.97 FEET;
18) N 10'38'58" E A DISTANCE OF 50.93 FEET TO A P€)INT OF CURVE;
19) ALONG THE ARC OF A TANGENT CURVE T€) € I€I LEE T,, HAVING A
CENTRAL R\I., ANGT.;E O17 09"38'04",A RADIUS OF 1.125,00 FEET E T AND AN ARC.
LENGTH OF 189.1.7 FEET;
20) ?I(11'0[1'54" F A DISTANCE OF 268.94 FEET;
2I 1 N 01'41'27'IF A DISTANCE.OF 90,64 FEET;
22) N 05'41121"E .l DISTANCE: OF 105.16 FEET I>T TO A POINT€?F CURVE;
23) ALONG THE ARC OF A TANGENT CURVE EO THE RIGHT, HAVING A
CENTRAL ANGLE OF 46"45'36",A RADIUS OE 1 €5 €0 HET AND AN ARC
LENGTH OF 93.85 FEET;
24) N 5r26'57`1E A DISTANCE OF 22.72 FEET TO A POINT OF CURVE;
25) ALONG THE ARC OF A TANGENT CURVE TO TI{E RIGHT, HAVING A.
CENTRAL RAL ANGLE OF 22'53'26", ;A RADII'S OF 175.00 F l:TT AND AN ARC
LENGTH OF 69;91 FEET;
26) N 75°20"2" F A DISTANCE OF 6.27 FEET TO A POINT OF CURVE;
27) ALONG THE ARC OF A TANGENT CURVE T€)THE.:RIGHT, HAVING A,
CENTRAL ANGLE OF 20°51'49", A RADIUS OF 515.00 HIT AND 1N ARC
LENGTH OF 187.53 FEET;
28) S 8304748n E A DISTANCE OF 212.21 FEET T T€)A POINT OF CURVE;
29) ALONG THE ARC OF A TANGENT CURVE TO THE€L LEFT, HAVIN€: A
CENTRAL RAI::ANGLE €)I' 13'34'39', A RADIUS OF 575.00 FEET AND AN ARC.
LENGTH OF 136.26 FEET;
30) N 81r37'133" E A DISTANCE OF 226.27 FEET TO A POINT OF CURVE;
31) ALONG THE ARC OF A TANGENT CURVE TO TI-IE LEFT, HAVING A
C::INITRALANGIF:OF31°10'54', A RADIUS (.1F425.00 FEET ANDAN ,ARC
L..EN€::TTH.OF 231.30 FEET;
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32) N 51',26'38't E A DISTANCE OF 69,90 FEET TO THE E EAST LINE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER Cif'' SAID SECTION 2 1.
THENCE S 00°29'40" E ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 21 A DISTe‘NCE OF 530.70 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 21;
THENCE E S 00°30'05" F ALONG :am EAST LINE OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 21 A DISTANCE OF 1,322.14 FEF:1 1)
THE SOUTH SIKI°EEN`I1I CORNER COMMON IC) SECTIONS 2E AND'22;
THENCE S 0010'05" E ALONG THE EAST LINE OF THE SOUTHEAST 1ST QUARTER OF
JUL` SOUTHEAST HEASE'QUARTER OF SAID SECTION 21 A DISTANCE OF 1,322.08 FEET TO
THE POINT OF BEGINNING;
SUBJECT TO THE RIGHTS-OE-WAY FOR COUNTY ROAD NUMBERS € AND 7 AS
DESCRIBED AT BOOK 86, PAGE 273.
SAID DESCRIBED PARCEL OF LAND CONTAINS 5.957.O23 SQ. VI. OR 136.754 ACRES
(GROSS)AND 5,782,490 SQ. Fr OR 1 =2.748 ACRES (NET), MORE OR LESS:
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WRVF:YOR:&STATEMENT
1, MATT ROI3; ESTEI ENAf;H,APROFESSIONALLAND SURVEYOR IN TILE STATE OP
COLORADO I?C,'1-II1REH) STATE "E'h"aI 'MIS PARCH.DESCRIPTION\\ASPRIP.MRII-D
IIIN ILK M;. PERSONAL S; ?U S.ISII)N .AND t 1IFIt lac\t,, AND MAT EA 1 I1 IS'TRUE i�s AND
��
fRRI.:. ).O THE BE 3'OF MY KNOWLEDGE, I.sf�tWM, l€(,:R DF_E.1U ANT) IN M
PROFESSIONAL OPINION kND THAT IT IS NOT A MONUMENTS)LAND SURVEY
c''.1/5. ..
38257 s
M S.I(7`yR�.yBER.i EISE_v.ACH PROF ES \L: I �jN1O'UR$I. S P,
COLOR I)O PLS NO. 38257
E OR. .t.N'I_ ON BEHALF OF BASELINE ENGINEERING CORP.
BASELINE INE ENGINEERING CORP,
X710 11''EE AVENUE, SUITE 105
GREELE.y COLORADO 80631.
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