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HomeMy WebLinkAboutC. Warranty DeedRecorded at Reception .No //; / THIS DEED, Made this 10th o'clock M., RICHARD E. WHITE and ATTA DEE WHITE MAY 10 1988 � "`^ t•d'aGY (:r ceorder. day of May , 1988 , between G ARFIELD - MAY 10 19881 State Doc: Fee /]I73 of the • County of El Paso , and State of Colorado, of the first part, and CENTRAL AGGREGATES, INC., a Colorado corporation a corporation drily organized and existing under laid by virtue. of the laws of the State of Colorado of the second part; whose legal address is P 0 Box 26, Rifle, ' Colorado 81650 1VITNESSETH, That the said part: ieS of the first part, for paid in cnnsideration of the start of . TEN ' DOLLARS and other good and valuable consideration D13 WFS, to the said part i e s of the first part in hand.paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell,. convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described or parcel of land, situate, lying and being in the County of Garfield , and State of Colorado, to wit: A parcel of land lying south of the Denver and Rio Grande Western Railroad in. Section 17, Township 6 South,. Range 93 West of the 6th P.M. being more fully described as follows:' Beginning at a point on the southerly right of way line of the Denver and Rio Grande Western Railroad (as indicated by a fence line intersection in place) whence the North Quarter Corner of said Section 27, Tp. 6 S., R. 93 W. of the 6th P.M. bears N. 36°01'24" W., 2357.41 feet; thence S. 88°24'00'11 W. 1388.00 feet along said southerly right of way to a fence line intersection; thence S. 1°54:'00" W. 393.00 feet along a fence line in place; thence S. 2°13'00" W. 1070.00 feet along a fence line in'place to a point on the northerly meander line of the Colorado River (February 1981); thence along said meander line the following three courses: S. 69°46'50" E. 320.24 feet; thence S. 53°05'42" E. 295.19 feet; thence S. 66°30'10" E. 336.30 feet to a point being the intersection) of the.current meander line with the westerly most boundary of the parcel of land -described in Document No. 175932 of the records of Garfield County, Colorado; thence along a portion of the westerly boundary of said property described in Document No. 175932 the following seven courses: N. 0°23'00" W. 1130.54 feet; thence N. 89°37'00" E. 31.00 feet; thence N. 0°23'00" W. 38.80 feet; thence N. 84°47'00" E. 546.56 feet; thence N. 1.1°54'00" E. 64.97 feet; thence N. 90°00'00" E. 22.00 feet; thence N. 0°32'00" W. 650.00 feet to the paint of beginning. Also I of 1 cubic foot of water per second of time out of the. Pioneer Ditch, together with all ditch and water rights connected therewith and together with all well water and well rights appurtenant to the described property. Also, a conditional water right consisting of the West Rifle Pit Pumping Plant, adjudicated by decree dated March 18, 1982 for 1•cubic foot of water per second of time of'industrial use with a priority date of November, 1980, as orig�:nally decreed in. rase No 0.1CW275, and for which reasonable diligence, thereon was decreed in Case Ivo.86CW013 oT Water District No. 5'. . Also, a conditional water right consisting of the West Rifle Pit, being 10 acre feet of storage water for piscatorial and recreation use, with a priority'; date of May 1, 1981 as decreed on February 8, 1982 in original Case No. 81CW111, and for which reasonable diligence was found in Case No.'85CW268 of Water District No. 5. No. 995. -WARRANTY DEED -Long Form Individual to Corporation. -Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado -2.78 9�3 r rlf. '734 FIr3E SI Also, a Special Use Permit from Garfield County, Colorado for the extraction of sand and gravel as set forth in Resolution No. 84-83 of the County of Garfield, State of Colorado. Also, a permit from the Mined Land Reclamation Board, Permit No. M81-006 for the extraction of sand and gravel upon the subject property. Also, a railroad crossing permit granted to the subject property by the Denver and Rio Grande Western Railroad and standing in the name of the First Parties. Subject to a first deed•of trust dated January 22, 1981 recorded September 3, 1981 as' Reception No. 318809, in Book 580, at Page 596 of the Garfield County records with an unpaid principal balance of $81,318.16 which second party hereby assumes and agrees to pay according to the extension agreement set forth in • that certain Contract For Sale And Purchase Of Real Estate dated April 26, 1988 between Richard E. White and Atta Dee White, Sellers, and Con -Sy, Inc., .Buyer, and consented to by Marvin L. Hopper and Cora Irene Hopper. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IIAVE ANI) TO IIOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part, its successors and assigns forever. And the said part ies of the first part, for them moves heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to, grant, bargain, soli and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soevei, excepting, however 1987 general property taxes and special assessments due and payable in 1988, United 'States patent reservations and exceptions of record; easements and rights of way of a public or 'private nature of record; prior mineral reservations, if'any, of record, andexcepting that certain Agreement And Covenants Restricting The Use Of Land dated August 6, 1985 between First Parties and Robert C. Schenck and Betty Lou Schenck. 3x 734 PE 55 and the above bargained premises in the quiet and peaceable posSession of the said party of the second part, its successors and assigns, against all and every'person or persons lawfully claiming or to Claim the whole or any part thereof, the said part les of the first part shall and vi11 WARRANT AND FOREVER DEFEND. their IN WITNESS WHEREOF, The said part ies of the first part ha hand s and seal s the day and year first above written. Signed, Sealed and Delivered in Presence of STATE OF COLORADO, County of Garfield ve hereunto set (SEAL) SEAL) at - Richard". White, .by Atta Dee (SEAL) • (SEAL) & (P Atta Dee. i‘h • (SEAL) (SEAL) White, Attorney in Fact Tho foregoing instruinent was neknowledged before mo this 19 . • 88.•; by Richard E. t e . .... . .•; • Alipllan,lissiort expires t sS • ,,,, • • White,' by Atta Dee. /.. • /". /0 day of White, Attorney in Fact and rlay 19? 7 . Witness my hand and official sea. ./2 / . ' _.- _,.......-- . '/----'-----li:' a Notcry Public.