HomeMy WebLinkAboutSpecial Warranty Deed and Proof of Ownership894384 07/06/2017 09:33:47 AM Page 1 of 5
Jean Alberico, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $26.00 eRecorded
SPECIAL WARRANTY DEED
(Pursuant to 38-30-115 C.R.S.)
Some DDOWOMW Fee
THIS DEED is made this 30th day of June, 2017, between RAPIDS DEVELOPMENT
CORPORATION, a Colorado corporation ("Grantor"), whose address is 2102 West Arapahoe
Drive, Littleton, Colorado 80120, and CHRONOS BUILDERS, LLC, a Colorado limited
liability company ("Grantee"), whose address is 637 25 Road, Grand Junction, Colorado 81505.
WITNESS, That the Grantor, for and in consideration of the sum of TWO HUNDRED AND
SIXTY THOUSAND AND 00/100 dollars ($260,000.00) 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, all the real property, together with
structures and other improvements, if any, situate, lying and being in the County of Garfield,
State of Colorado, described as follows:
LOTS 23 and 28
THE RAPIDS ON THE COLORADO
ACCORDING TO THE PLAT RECORDED SEPTEMBER 9, 1997 UNDER
RECEPTION NO. 513353, and
ACCORDING TO THE AMENDED PLAT RECORDED OCTOBER 24, 2003
UNDER RECEPTION NO. 639203
COUNTY OF GARFIELD, STATE OF COLORADO
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, 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 Property, with the
hereditaments and appurtenances;
TO HAVE AND TO HOLD the Property with the appurtenances, unto the Grantee its
successors and assigns forever. The Grantor, for itself and 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, except with respect to the matters identified on Exhibit A,
attached.
894384 07/06/2017 09:33:47 AM Page 2 of 5
Jean Alberico, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $26.00 eRecorded
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
GRANTOR:
RAPIDS DEVELOPMENT CORPORATION,
a Coloradogcorporation
By: f Ic �✓
Gene R. Hilton, President
{ AUF1lE .i CFeuUBUO, --
�OTAFI�f COLORADO
STATE OF COLORADO ) SjA'[� 9.OR
OC A
SS yq yARt 10 291 N er 4; 2017
COUNTY OF GARFIELll ) my tam"�
a'
The foregoing instrument was acknowledged before this 30th day of June, 2017, by
Gene R. Hilton as President of Rapids Development Corporation, a Colorado corporation.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
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Jean Alberico, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $26.00 eRecorded
EXHIBIT A
to Special Warranty Deed
1. (A) TAXES OR ASSESSMENTS THAT ARE NOT SHOWN AS EXISTING LIENS BY TBE
RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON
REAL PROPERTY OR BY THE PUBLIC RECORDS; (B) PROCEEDINGS BY A PUBLIC
AGENCY THAT MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH
PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR
BY THE PUBLIC RECORDS.
2. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS
OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR
TITLE TO WATER.
3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 15, 1898, IN
BOOK 12 AT PAGE 481, RECORDED OCTOBER 27, 1902 IN BOOK 56 AT PAGE 464,
RECORDED OCTOBER 2, 1944 IN BOOK 73 AT PAGE 225, AND RECORDED APRIL 16, 1924
IN BOOK 73 AT PAGE 180.
4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF
THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH
15, 1898, IN BOOK 12 AT PAGE 481, RECORDED OCTOBER 27, 1902 IN BOOK 56 AT PAGE
464, RECORDED OCTOBER 2, 1944 IN BOOK 73 AT PAGE 225, RECORDED APRIL 16, 1924
IN BOOK 73 AT PAGE 180 AND RECORDED APRIL 16, 1924 IN BOOK 112 AT PAGE 578.
5. ALL COAL RESERVED BY THE UNITED STATES OR TO PERSONS AUTHORIZED BY IT,
THE RIGHT TO PROSPECT FOR, MINE AND REMOVE COAL FROM THE SAME UPON
COMPLIANCE WITH THE CONDITIONS OF AND SUBJECT TO THE LIMPTATIONS OF THE
ACT OF JUNE 22, 1910 (36 STAT. 583) AS RESERVED IN PATENT RECORDED APRIL 16,
1924 IN BOOK 112 AT PAGE 578.
6. UNDIVIDED ONE HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS RESERVED
BY THE FEDERAL LAND BANK OF WICHITA IN DEED RECORDED OCTOBER 30, 1943 IN
BOOK 208 AT PAGE 463, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUTOMTTTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT TIIAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE
LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 01, 1974, IN BOOK 466
AT PAGE 29.
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Jean Alberico, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $26.00 eRecorded
8. EASEMENTS AND RIGHTS OF WAY FOR THE HUDSON AND SULLIVAN DITCH AS
DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 8,1888 IN BOOK 19 AT PAGE 204.
9. EASEMENTS AND RIGHTS OF WAY FOR THE MOORE DITCH, READ AND HUDSON
DITCH AS DISCLOSED IN INSTRUMENTS RECORDED OCTOBER 29, 1886 AS RECEPTION
NO. 3253 AND RECORDED DECEMBER 29, 1887 IN BOOK 14 AT PAGE 298.
10. EASEMENTS AND RIGHTS OF WAY FOR ROADS AS CONTAINED IN INSTRUMENT
RECORDED JULY 24, 1894 IN BOOK 38 AT PAGE 124,
11. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY OF
COLORADO IN INSTRUMENT RECORDED FEBRUARY 13, 1967 IN BOOK 382 AT PAGE
187.
12. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 96-70
RECORDED OCTOBER 17, 1996 IN BOOK 996 AT PAGE 665.
13. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTYRESOLUTION NO. 97-26
RECORDED APRIL 08, 1997 IN BOOK 1014 AT PAGE 808.
14. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON IHE PLAT OF
SUBJECT PROPERTY RECORDED SEPTEMBER 9, 1.997 AS RECEPTION NO. 513353, AND
THE AMENDED PLAT RECORDED OCTOBER 24, 2003 UNDER RECEPTION NO. 639203.
15. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS
CONTAINED IN 1NSTRUMENT RECORDED SEPTEMBER 09, 1997, IN BOOK 1032 AT PAGE
948.
16. TERMS, CONDITIONS AND PROVISIONS OF DEED TO THE RAPIDS ON COLORADO
HOMEOWNERS ASSOCIATION RECORDED SEPTEMBER 09, 1997 IN BOOK 1032 AT PAGE
961.
17. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED
SEPTEMBER 9, 1997 IN BOOK 1033 AT PAGE 8.
18. TERMS, CONDITIONS AND PROVISIONS OF WEST DIVIDE WATER CONSERVANCY
DISTRICT MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED APRII, 28,
1998 IN BOOK 1064 AT PAGE 699.
19. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT
RECORDED DECEMBER 04, 2001 IN BOOK 1308 AT PAGE 554-
20. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED
DECEMBER 04, 2001 IN BOOK 1308 AT PAGE 560 AND QUIT CLAIM DEED ASSOCIATED
WITH GRANT OF EASEMENT RECORDED DECEMBER 4, 2001 IN BOOK 1308 AT PAGE
564.
21. TERMS, CONDIl'IONS AND PROVISIONS OF RESOLUTION NO. 2007-94 RECORDED
OCTOBER 01, 2007 AT RECEPTION NO. 734311.
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Jean Alberico, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $26.00 eRecorded
22. OIL AND GAS LEASE RECORDED FEBRUARY 11, 2008 UNDER RECEPTION NO. 742681,
AND AMENDED IN INSTRUMENT RECORDED FEBRUARY 25, 2010 UNDER RECEPTION
NO. 782530 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
23. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 29,
2011 AT RECEPTION NO. 808683.
24. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN
INSTRUMENT RECORDED NOVEMBER 25, 2014, UNDER RECEPTION NO. 856420, AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE
LAW, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 29, 2015, UNDER
RECEPTION NO. 868571.
25. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 15 -BOE -061,062,063 AND
064 RECORDED AUGUST 03, 2015 AT RECEPTION NO. 866239 AND 866244.
26. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 29,
2015 AT RECEPTION NO. 868572.
27. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN GRANT OF EASEMENT RECORDED SEPTEMBER 29, 2015
UNDER RECEPTION NO. 868573.
28. EASEMENTS AND RIGHTS OF WAY FOR COUNTY ROAD 335.
29. ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO
EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF COLORADO
RIVER