HomeMy WebLinkAbout1.03 Special Warranty Deed - Access Easement ESO820937 07/03/2012 10:26:10 AM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee : $22.00 eRecorded
SPECIAL WARRANTY DEED
THIS DEED, Made this29th day of June, 2012 between
Fannie Mae a/k/a Federal National Mortgage Association organized and existing under the laws of the United States
of America
of the County of Dallas State of TEXAS, grantor(s), and
Kenneth J. Sack
whose legal address is 482 County Road 315, , Silt, CO 81650
of the City and County of Denver, State of Colorado, grantee(s):
WITNESS, That the grantor(s), for and in consideration of the sum of TWO HUNDRED TWENTY THOUSAND
AND 00/100 DOLLARS ($220,000.00), 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(s), his
heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of
Garfield, State of COLORADO, described as follows:
See Exhibit A attached hereto and made a part hereof.
also known by street and number as 482 County Road 315, Silt, CO 81650
TOGETHER with all and singular the hereditameots and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, re nts, issues and profits thereof , and all the
estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances.
TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
grantee(s), hi s heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or s uccessors,
does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in
the qu iet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming
the whole or any part thereof, by, through or under the grantor(s).
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to a ll
genders.
IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above.
SELLER:
Fannie Mae a/k/a Federal National Mortgage
Association organized and existing under the laws of
the United States of America
By Anfn~ecklenburg, LLP as attorney in fact
by Alexander Pankonin as authorized signer
STATE OF COLORADO
COUNTY OF DENVER }ss:
The foregoing instrument was acknowledged before me this 29th day of June, 2012 by Alexander Pankonin as
authorized signer for Aronowitz & Mecklenburg, LLP as attorney in fact r Fannie Mae a/k/a Federal National
Mortgage Association organized and existing under the laws of the Uni t~~~
Witness my hand and official seal.
My Commission expires: IL-}to-\)
SPWARRTC
A
T ,~!>4fgi
File No. 00034181
Special Warranty Deed Tenants in Com mon
820937 07/03/2012 10:26:10 AM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $22.00 eRecorded
Exhibit A
THE SURF ACE ESTATE ONLY OF THE FOLLOWING DESCRIBED PARCELS:
A tract of land situated in Section 18, Township 6 South, Range 92 West of the 6th P.M. being more
particularly described as follows:
Beginning at a point whence the Southeast Comer of said Section 18 bears South 18° 48' 43'' East 2736.17
feet; thence North 73° 57' 56" West 84.78 feet; thence South 82° 36' 32" West 46.72 feet; thence South 58°
04' 05" West 135.69 feet; thence South 74° 39' 03" West 73.66 feet; thence North 80° 5?' 21" West 78.00
feet; thence North 68° 38' 29" West 108.08 feet; thence North 68° 53' 03" West 71.82 feet; thence South
89° 30' 19" West 79.15 feet; thence South 72° 51' 07" West 70.62 feet; thence South 58° 03' 49" West
148.75 feet; thence South 46° 15' 00" West 56.32 feet; thence South 41° 58' 31" West 98.48 feet; thence
South 54° 42' 50" West 125.13 feet; thence South 75° 59' 58" West 43.68 feet; thence South 81° 24' 12"
West 3 9. 30 feet to the North right of way of County Road 315; thence along said right <?f way and along a
non-tangent curve to the right with an arc length of307.60 feet, a radius of783.33 feet,' a central angle of
22° 29' 57'', a chord bearing of North 52° 16' 12" West, a chord length of 305.63 feet; thence North 41° 01'
13" West 536.04 feet; thence along a curve to the left with an arc length of 127.44 feet, a.radius of 1789.03
feet, a central angle of04° 04' 53", a chord bearing of North 43° 03' 40" West, a chord length of 127.41 feet
to a point on the North-South centerline of said Section 18; thence North 00° 21' 29" West 902.06 feet to
the Northwest Comer of the SW 1/.i NE 'l4 of said Section 18; thence North 89° 20' 17" East 447.79 feet
along the North line of said SW Y. NEY.; thence South 46° 24' 49" East 1877.41 feet to the POINT OF
BEGINNING, County of Garfield, State of Colorado,
TOGETHER WITH
WELL PARCEL
A tract of land situated in Section 18, Township 6 South, Range 92 West of the 6th P.M. being more
particularly described as follows:
Beginning at a point whence the Southeast Comer of said Section 18 bears South 22° 24' 40" East 3116.54
feet said POINT OF BEGINNING; thence along said boundary line North 46° 24' 49" West 30.00 feet;
thence departing said boundary line North 43° 35' 11" East 87.60 feet; thence South 46° 24' 49" East 30.00
feet; thence South 43° 35' 11" West 87.60 feet to the POINT OF BEGINNING, County of Garfield, State
of Colorado,
TOGETHER WITH and subject to an access and utility easement situated in Section 18, Township 6
South, Range 92 West of the 6th P.M. being 30 feet in width and lying 15 feet on each side of the following
described centerline:
Beginning at a point on the North right of way of County Road No. 315 whence the Southeast Comer of
said Section 18 bears South 41° 08' 47" East 3043.89 feet; thence North 83° 00' 18" East 43.01 feet; thence
along a curve to the left with an arc length of 72. 98 feet, a radius of 13 7 .2 I feet, a central angle of30° 28'
37", a chord bearing ofNorth 67° 46' 00" East, a chord length of72.13 feet, thence North 52° 31' 41" East
85.19 feet; thence along a curve to the left with an arc length of 63. 79 feet, a radius of256.00 feet, a central
angle of 14° 16' 39", a chord bearing of North 45° 23' 22" East, a chord length of 63.63 feet, thence North
38° 15' 02" East 50.85 feet; thence along a curve to the right with an arc length of 54.97 feet, a radius of
153.12 feet, a central angle of 20° 34' 05", a chord bearing of North 48° 32' 04" East, a chord length of
54.67 feet, thence North 58° 49' 07'' East 133.46 feet; thence along a curve to the right with an arc length of
191.64 feet, a radius of209.50 feet, a central angle of 52° 24' 38", a chord bearing of North 85° 01 '26"
East, a chord length of 185.03 feet, thence South 68° 46' 15" East 145.88 feet; thence along a curve to the
left with an arc length of 177.43 feet, a radius of 188.46 feet, a central angle of 53° 56' 36" a chord bearing
of North 84° 15' 27" East, a chord length of 170.95 feet, thence North 57° 17' 09" East 82.80 feet; thence
along a curve to the right with an arc length of 85.89 feet, a radius of 109.47 feet, a central angle of 44° 57'
19", a chord bearing of North 79° 45' 49" East, a chord length of83.70 feet, thence South 77° 45' 32" East
68.78 feet to the ending point, County of Garfield, State of Colorado.
85777912/31/2014 09:21:16AM Page 1of4
Jean Alberico, Garfield County, Colorado
Rec Fee: $26.00 Doc Fee: $0.00 eRecorded
Recording requested by:
After :recording, return to:
Karl Jo Hanlon,
Karp Neu 1-fanlon PC
201 14th Street, Suite 200
Glenwood Springs, CO 81601
ACCESS EASEM lj:NT AGREKl\1ENT AND DEED
This ACCESS EASEMENT AGREEMENT AND DEED ("Deed") is made this 16th
day of December, 2014 by Eagle Springs Organic, LLC ("Eagle Springs") in favor of Ken Sack
("Sack").
WHEREAS, Eagle Springs is the owner of certain real property located in Garfield
County, Colorado as is more particularly described on Exhibit A attached hereto and
incorporated herein by this reference ("ES Parcels"); and
WHEREAS, Sack is the mvner of adjacent real property located in Garfield County,
Colorado known as Garfield County Assessor parcel number 2179-181-00-681 ("Sack Parcel");
and
WHEREAS, Sack desires to operate a rneat processing facility on the Sack Parcel and to
have legal right to access the ES Parcel to move livestock kept thereon to the meat processing
facility on the Sack Parcel; and
·wHEREAS, Eagle Springs desires that Sack and his employees and agents benefit from
a non-exclusive easement for ingress to, egress from, and travel over and across the ES Parcels
to access the meat processing facility on the Sack Parcel.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. K~£it§.}§. The foregoing recitals are incorporated by reference herein.
2. Grant of Easement Eagle Springs hereby grants and conveys to Sack his heirs
and assigns for so long as a meat processing facility is operated on the Sack Parcel a non-
exclusive easement for reasonable ingress, egress, and travel upon and across the ES Parcels
including but not limited to delivery of livestock in furtherance of the meat processing
facility operations on the Sack Parcel (the "Easement").
3. I~rm..in~tj_g_n. In the event that Sack ceases to operate a meat processing facility on
the Sack Parcel, the Easement shall tenninate. If requested by Eagle Springs, a Tennination of
Easement shall be executed and recorded by Sack.
Page 1 of2
857779 12/31 /201409:21:16 AM Page 2 of 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $26.00 Doc Fee: $0.00 eRecorded
4. NeceS§.fil.Y_""'&_(fts and Further Assurances. Eagle Springs agrees to negotiate grant
of a like easement to any successor or assign of the meat processing operations on the Sack
Parcel with any such successor or assign.
5. Autho[iJy_,_ The undersigned for Eagle Springs represents and warrants that he has
the full right and lawful authority to enter into this Deed and to bind Eagle Springs.
IN \VITNESS WHEREOF, the Parties have executed this easement on the date set forth
above.
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this ~day of December, 2014, by Ken Sack as a
Member of Eagle Springs Organic, LLC.
WITNESS my hand and official sea1.
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this \~\iay of December, 2014, by Ken Sack.
Page 2 of2
857779 12/31 /201409:21:16 AM Page 3 of 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $26.00 Doc Fee: $0.00 eRecorded
Kxh.ibit A
Access East.:rru:nt Agn::ement and Deed
Garfield County Assessor Parcel Nos:
2179-174-00-686
Section: 17 Township: 6 Range: 92 SEC 16: PT OF THE SWSW EXCEPT A TR CONT 6.28
AC. SEC 17: SvVNE, SENW, E2SW, SEl/4 SWSENE. EXCEPT A TR CONT 57.80 AC AS
DESC IN BK 1231 PG 38.SEC 17 S\VNW W1/2S\V EXCEPT A TR CONT 15.37 AC AS
DESC IN BK 1231 PG 38. EXCEPT A TR CONT 8.479 AC AS DESC IN WEINRErS SUB
EXEMPTION BK 1362 PG 291. SEC 18: SENE(NET 38.05 AC) LYING NE OF lVIULTI
TRINA_ DITCH, N2SE(NET 46.85 AC) LYING NE OF CO RD 315, S\VNE(NET 37,94 AC)
LYING N OF CO RD 315, EXCEPT A TR OF LAND CONT 9,39 AC AS DESC IN BK 1231
PG 38. SEC 18 S\VNE (NET 37.94 AC) LYING N OF CO RD 315; SENE (NET 1.95 AC)
LYING SW OF THE NE\V MULTI TRINA DITCH. EXCEPT A TR OF LAND CONT 35.95
i\C AS DESC IN BK 1432 PG 61. ALSO A TR OF LAND SITUATED IN THE SWNE AND
THE SENE OF SEC 18 AND THE SWNW SENW SWNE SWSENE SE OF SEC 17. EXCEPT
ATR OF LAND CONT 41.80 AC AS DESC IN BK 1441PG16 AND CORRECTED BK 1464
PG 279. EXCEPT A TR OF LAND CONT 35.15 AC AS DESC JN BK 1531 PG 39L ALSO A
TR OF LAND CONT 19.05 AC THAT O\VNER WANTS TO KEEP WITH THE LARGER
PART OF RANCH, THIS STRIP RUNS DOVv'N THE EAST SIDE OF SEC 20 TO CONNECT
THE POND TO THE REST OF THE REMAINING RANCH. EXCEPT A TR OF LAND
CONT 35.11 AC AS DESC IN BK 1578 PG 334 AND CORRECTED IN BK 158.5 PG 331.
EXCEPT A TR OF LAND DESC IN BK 1784/431. EXCEPT THREE TRACTS OF LAND
CONT] 10,701+/-AS DESC IN BK 1821/687 AND SURVEY PLAT
2179-174-00-731
Quarter: SE Section: 17 Township: 6 Range: 92 A TR OF LAND IN SESW, EXCEPT A TR. OF
LAND CONT .. 266 AC.+/-AS DESC. lN BOUNDARY LINE ADJUSTMENT AFFIDAVIT
REC. #791735 AND QCD REC.#791736.
2179-173-00-732
Quarter: SW Section: 17 Township: 6 Range: 92 A TR OF LAND IN THE S\V & NWSE &
S2SE Section: 18 Township: 6 Range: 92 A TR OF LAND IN THE NESE Section: 20
Township: 6 Range: 92 A TR OF LAND IN THE SENE & NESE
857779 12/31 /201409:21:16 AM Page 4 of 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $26.00 Doc Fee: $0.00 eRecorded
2179-172-00-710
Section: 17 Township: 6 Range: 92 A TRACT OF LAND SITUATED IN SECTION 17 AND
18 CONTAINING 35.11 ACRES
2179-181-00-691
Section: 18 Township: 6 Range: 92 A TR OF LAND SITUATED IN SEC 18