HomeMy WebLinkAbout1.04 Special Warranty Deed■iii ir 44111NiNa AMI:1 ci41M111 4 11 iii
Reception #: 740228
12/2812007 04:37:37 PM Jean Rlberico
1 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
THIS DEED, made this 28th day of December, 2007, between COMMUNITY HOLDINGS WEST, INC.,
a Colorado corporation, (Grantor), and PARACHUTE/BATTLEMENT MESA PARK AND RECREATION
DISTRICT, a Special District under the laws of the State of Colorado, whose address is P. O. Box 299, Parachute,
Colorado 81635, (Grantee):
WITNESSETJ, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and
Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors
and assigns forever, ali the real property together with improvements, if any, situate lying and being in the County
of Garfield and State of Colorado described as follows:
Lot 1, Block 1, River Bluff Filing 6, a part of Battlement Mesa PUD, as recorded on
July 18, 1983 at Reception No. 344070
SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights,
including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights
associated with or appurtenant to said Parcels.
SUBJECT TO A DEED RESTRICTIOI' that Grantee, by the acceptance of this conveyance, agrees for itself, its
successors and assigns, their use of the above described real property shall be restricted to those uses described in
the current PSR zone text for the Battlement Mesa PUD for a period of twenty (20) years from the date of this
instrument.
Likewise, this conveyance is subject to easements, restrictions, reservations and rights of way of record, or
situate and in use, including those set forth on Exhibit A attached hereto and made a part herof.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as
reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor,
either in law or equity, of, in and to the above bargained premises.
To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and
agree that it shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and
peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the
whole or any part thereof, by, through or under the Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
COMMUNITY . r t . GS WEST, INC.
a Colorado c
By
Name: Er a
Title: Authorized Agent
•7
• K FMMINT,Hi lr C4ililit i MAM liti II 11 l
Reception #: 740228
12,2812007 04:37:37 PM Sean 43Lberico
2 of 3 Reo Feel$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
COUNTY OF GARFIELD
)
) ss.
The foregoing Special Warranty Deed was acknowledged before me this 28th day of December, 2007, by
Eric Schmela as Authorized Agent for Community Holdings West, Inc., a Colorado limited liability company.
Witness my hand and official seal
My commission expires: AkOS
Notary Public
2
■iiI ,11401 ,G4;Wilel4uil 11111
Reception #: 740228
1212812007 04:37:37 PM Jean Alberico
3 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conllitts in boundary lines, shortage in arca, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose. and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, iml •oscd by law and not shown by the public
records.
5. Defects, liens, encumbrances. adverse claims or other nutters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights. claims, or title to water, whether or not the matters excepted are show n by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the sane be found to penetrate or intersect the
premises hereby granted and a right of Hay for ditches or canals as constructed by the authorit , of the United States, as reserved in United
States Potent recorded May i 1, 1 894 in Souk 12 at Page 319, May 28, 1 898 in Book 12 at Pate 488 and May 28, 1928 in Sook 73 at Page
114.
10. Easement granted to Public Service Company of Colorado as described in instrument recordec October 20, 1960 in Book 330 at Page 354.
11. Easements, rights away and all matters shown on the plat of River Bluff Filing 6 recorded Jury 22, 1983 as Reception No. 344070.
12. Any and all oil, gas, hydrocarbons, mineral or mineral rights, the entire interest of which has h :en reserved in prior conveyances of record
and any interests therein or assignments thereof.
13. Terms and conditions of surface use agreement by and between Iattlement Mesa Partners, Battlement Mcsa Realty Partners and Barrett
Resources Corporation recorded July 8, 1999 in Book 1 139 at Page 104.
14. Covenants, conditions and restrictions which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race,
color. religion or national origin, imposed upon subject property by instrument recorded August 13, 1991 in Book 811 at Page 9 and as
amended in Fifth Amendment recorded April 25. 2005 in Book 1681 at Page 611 and Sixth A:nendment recorded January 13, 2006 in
Book 1763 at Pagc 896.
15. Terms and conditions of Residential Architectural Standards for Battlement Mesa recorded M,.y 13. 2002 in Book 1354 at Pagc 279.
16. Easement (the location of which is not defined) granted to Cornetist of-Colorado/Florida, Inc. in instrument recorded March 8, 2005 in
Book 1668 at Page 443.