HomeMy WebLinkAbout1.07 Evidence of Ownership Special Warranty Deed Land949446 01 /28/2021 02.14.17 PM Page 1 of 7
Jean Alberico, Garfield County, Colorado
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SPECIAL WARRANTY DEED
THIS DEED, made this .2 6 day of '514n 14 ,1 202 1 _, between APB Holdings LLC, a
Colorado limited liability company ("Grantor"), and Nutrient Holdings LLC, a Colorado limited liability
company, whose legal address is 520 River View Drive, Unit 506, New Castle, CO 81647
("Grantee");
WITNESSETH, that 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 are hereby
acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant,
bargain, sell, convey, and confirm, unto Grantee, and Grantee's heirs, successors, and assigns
forever, 100% of the real property, together with all improvements, situate, lying and being in the
County of Garfield, State of Colorado, described as follows:
See Exhibit A, attached hereto and incorporated herein,
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
Grantor, either in law or equity, of, in, and to the above bargained premises, with the hereditaments
and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever. Grantor, for
Grantor and Grantor's heirs, successors, and assigns, does covenant and agree that Grantor shall
and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and
peaceable possession of Grantee, and Grantee's heirs, successors, and assigns, against all and
every person or persons claiming the whole or any part thereof, by, through or under Grantor subject
to those specific exceptions set forth on Exhibit B attached hereto and incorporated herein.
THIS SPECIAL WARRANTY DEED IS NOT INTENDED TO CONVEY WATER RIGHTS.
WATER RIGHTS ARE BEING CONVEYED BY SEPARATE SPECIAL WARRANTY DEEDS.
THIS SPECIAL WARRANTY DEED IS NOT CONVEYING OIL, GAS, COAL AND OTHER
MINERALS. OIL, GAS, COAL AND OTHER MINERALS ARE BEING CONVEYED BY A SEPARATE
SPECIAL WARRANTY DEED.
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Jean Alberico, Garfield County, Colorado
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IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
APB Holdings LLC,
a Colorado limited liability company
By:
ndrew Bruno, its Member
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
PV1
The foregoing instrument was acknowledged before me this day ofltcaw-41)
202 1 by Andrew Bruno, as Member of APB Holdings LLC, a Colorado limited liability corrfffbny, on
behalf of said corporation.
Witness my hand and official seal:
Notary Public
SHAWN MCKINNEY
Notary Pub5c - State of Colorado
Notary ID 20174046288
My Commission Expires Nov 8, 2021
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Jean Alberico, Garfield County, Colorado
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EXHIBIT A
Legal Description
Parcels A and C
Township 5 South, Range 90 West, 6th P.M.:
Section 35: That portion of the N'/2SE%, NE'/4SW% lying Southerly of the centerline of the Colorado
River
Township 6 South, Range 90 West, 6th P.M.:
Section 6: All that part of Lot 4, lying southerly of the centerline of the Colorado River as described
in deed recorded May 28, 1974 in Book 459 at Page 535 in the office of the Clerk and Recorder of
Garfield County, Colorado
Excluding the following parcels of property described in the Rule and Order entered in the District
Court for Garfield County, Colorado, in Civil Action No. 6635, entitled Board of County
Commissioners, et al. v. Daryl Gean Richardson, et al., recorded November 8, 1982 in Book 437 at
Page 383 as Reception No. 255941.
Parcel No. 143-B
A tract or parcel of land No. 143-B of the State Department of Highways, Division of Highways, State
of Colorado, Project No. 1 70-1 (12), 89 Sec. 2 in the SW% of the NW%, in the SE% of the NW% and
in the NE'/ of the SW% of Section 35, Township 5 South, Range 90 West of the Sixth Principal
Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as
follows:
Beginning at a point on the centerline of the Colorado River from which point the NW corner of
Section 35, Township 5 South, Range 90 West of the 6th P.M. bears North 27013'30" West a
distance of 2,615.7 feet; thence North 73059' East along the centerline of the Colorado River, a
distance of 162.8 feet; thence South 70043' East along the centerline of the Colorado River, a
distance of 640.8 feet; thence South 48°26' East, along the centerline of the Colorado River, a
distance of 223.6 feet; thence South 33*52' East along the centerline of the Colorado River, a
distance of 119.8 feet; thence along the arc of a curve to the left having a radius of 4,483.7 feet, a
distance of 1,080.9 feet, more or less, to the POINT OF BEGINNING (the chord of this arc bears
North 67°23'30" West a distance of 1,078.3 feet).
PARCEL No. 143-C
A tract or parcel of land No. 143-C of the State Department of Highways Division of Highways, State
of Colorado, Project No. 170-1 (12) 89 Section 2, in the NE'/4 of the SW% of Section 35, Township 5
South, Range 90 West of the 6th P.M. in Garfield County, Colorado, said tract or parcel being more
particularly described as follows: Beginning at a point on the thread of the Colorado River in the
NE'/ of the SW'/ of Section 35, Township 5 South, Range 90 West, 6th P.M. from which point the
S'/ comer of Section 35 bears South 21 °36'30" East a distance of 2,796.8 feet; thence South 11 *47'
West a distance of 104.9 feet; thence South 59002' East a distance of 176.3 feet; to the thread of the
Colorado River; thence North 33°52' West along the thread of the Colorado River, a distance of
232.9 feet, more or less, to the Point of Beginning.
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Jean Alberico, Garfield County, Colorado
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Parcel B
Township 5 South, Range 90 West, 6th P.M.:
Section 33: All that portion of the SE'/SE'/4 lying Southerly of the centerline of the Colorado River;
Section 34: All that portion of the S% and SE'/NE% lying Southerly of the centerline of the Colorado
River;
Section 35: W'/ZSWY4, that portion of the SW'/NW'/4 lying Southerly of the Colorado River.
Township 6 South, Range 90 West, 6th P.M.:
Section 5: Lot 4
Section 6: Lots 1, 2, 3 and the Northerly 15 acres of the SE%NW'/
EXCEPTING FROM THE ABOVE DESCRIBED LANDS the following:
1. All that portion platted as Riverbend Subdivision Filing No. 1 as shown on Reception No. 281326
2. All that portion platted as Riverbend Subdivision Filing No. 2 as amended as shown on Reception
No. 281329 and No. 299710
3. All that portion platted as Riverbend Ranchettes Final Plat as shown on Reception No. 290481
4. All that portion conveyed to the Board of County Commissioners of Garfield County, Colorado, by
Deed recorded August 31, 1979 in Book 534 at Page 416 as Reception No. 297140
5. All that portion platted as Riverbend Subdivision Filing No. 5 as shown on Reception No. 517550
6. All that portion platted as Cedar Ridge Subdivision as shown on Reception No. 501840
7. All those portions described as Parcel No. 143; Parcel No. 143-A; and Parcel No. 143-B in the
Rule and Order of the Garfield County District Court in Civil Action No. 6635 and recorded in Book
437 at Page 383 as Reception No. 255941
8. All that portion of the lands described in the deeds recorded in Book 906 at Page 790 as
Reception No. 464984, Book 863 at Page 424 as Reception no. 447796, and Book 1712 at Page 990
as Reception No. 679354.
All as recorded in the office of the Clerk and Recorder of Garfield County, Colorado.
Parcel D
Township 6 South, Range 90 West, 6th P.M.:
Section 5: S'/2SW'/4
Section 6: Lot 5 (SW'/4NW'/4), Lot 6 (NW'/SW'/4), SE'/4NW'/4 except the North 15 acres, NE%SW%,
S'/2NE%, N'/2SE'/4, SE%SE'/4
Section 8: N'/2NY2
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Jean Alberico, Garfield County, Colorado
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EXHIBIT B
Permitted Encumbrances
6. General taxes and assessments for the year 2018 and thereafter, not yet due and payable.
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
shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted and a right of way for ditches
and canals constructed by the authority of the United States as contained in the following United
States Patents:
Book
12
12
12
12
12
12
12
Section 6
12
12
Section 6
12
Page
20
19
17
25
174
26
157
267
68
335
Date
Property
03/19/1889
N1/2NE1/4 Section 8
04/13/1889
N1/2NW1/4 Section 8
04/19/1889
S1/2SW1/4 Section 5,
SE1/4SE1/4 Section 6
04/10/1889
W1/2SE1/4, E1/2SW1/4 Section 6
06/22/1892
NE1/4SE1/4 Section 6
04/19/1889
Lot 6 Section 6
05/20/1892
Lot 4 Section 5, Lots 1, 2 and 3
01/23/1894
01/10/1891
10/23/1894
12
152
05/20/1892
12
156
05/20/1892
73
154
04/05/1923
12
155
05/20/1892
73
131
02/21/1923
12
521
01/23/1894
Lot 4 Section 6
Lot 5, S1/2NE1/4, SE1/4NW1/4
NW1/4SW1/4 Section 34,
E1/2SE1/4 Section 33
SW1/4SW1/4 Section 34
E1/2SW1/4, W1/2SE1/4 Section 34
SE1/4SE1/4 Section 34
NE1/4SE1/4 Section 34,
W1/2SW1/4 Section 35
N1/2SE1/4, NE1/4SW1/4,
SE1/4NW1/4 Section 35
S1/2NE1/4 Section 34,
SW1/4NW1/4 Section 35
10. Reservation of all coal, together with the right to prospect for, mine and remove the same, as
described in United States Patent recorded April 5, 1923 in Book 73 at Page 154 and any interests
therein or assignments thereof.
11. Right of way for the Midland Railway Company as referred to in patent recorded February 21,
1923 in Book 73 at Page 131.
12. Right of way for pipeline to the Vulcan Farming Company as evidenced by deed recorded
January 19, 1909 in Book 75 at Page 445.
13. Reservation of all oil and gas, together with the right of ingress and egress to prospect for,
drill and remove the same as more particularly described in deed recorded July 11, 1945 in Book 213
at Page 455 and any interests therein or assignments thereof.
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Jean Alberico, Garfield County, Colorado
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14. Reservation of an undivided one-half interest in all oil, gas, hydrocarbons and valuable
minerals as described in deed recorded September 23, 1955 in Book 287 at Page 455 and any
interests therein or assignments thereof.
15. Terms and conditions of Agreement by and between Daryl Richardson and the State of
Colorado for the use and benefit of the Game and Fish Commission regarding the use of a road for
public access as described in the Agreement recorded June 26, 1963 in Book 351 at Page 211.
16. Easement and right of way for an electric transmission line as granted to Public Service
Company of Colorado and more particularly described in instruments recorded December 28, 1966
in Book 381 at Page 24, February 13, 1967 in Book 382 at Pages 169, 170, 171, 175, 178 and 180,
and August 18, 1972 in Book 434 at Page 342.
17. DELETED.
18. Terms, conditions, easements and all matters set forth in Rule and Order recorded
November 8, 1972 in Book 437 at Page 383.
19. Perpetual non-exclusive easement for a cattle drive as described in instrument recorded
January 10, 1978 in Book 504 at Page 799.
20. Utility Easement granted to Cunningham Construction and Development Co. as described in
deed recorded May 28, 1980 in Book 549 at Page 172.
21. Mineral rights conveyed in deed recorded January 14, 1988 in Book 727 at Page 783 and
any interests therein or assignments thereof.
22. Terms and conditions of Agreement by and between Greg McKennis, Jill C. McKennis and
NCIG Financial, Inc. recorded May 28, 1991 in Book 804 at Page 936 and recorded October 3, 1991
in Book 814 at Page 737.
23. Exclusive access easement granted to E. Peter Matthies and Debra Elena Matthies as
described as described in Easement Agreement recorded June 28, 1991 in Book 807 at Page 430
and all terms, conditions and matters set forth therein.
24. Easement described in Revised Easement Agreement recorded December 14, 1992 in Book
849 at Page 627 and all terms, conditions and matters set forth therein.
25. Reservation of all oil, gas and minerals by Orion Homes, Inc. in deed recorded April 26, 1993
in Book 860 at Page 570 and any and all interests therein or assignments thereof.
26. Easement and right of way for the Vulcan Ditch (the exact location of which is not defined)
reserved by Orion Homes, Inc. in the deed recorded April 26, 1993 in Book 860 at Page 570.
27. Easement for a roadway reserved by Orion Homes, Inc. in the deed recorded April 26, 1993
in Book 860 at Page 570.
28. Terms and conditions of Garfield County Resolution No. 94-130 recorded November 16,
1994 in Book 922 at Page 738.
29. Easements, rights of way and all matters shown on the plat of Matthies Exemption recorded
November 16, 1994 as Reception No. 471051.
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Jean Alberico, Garfield County, Colorado
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30. Easements described in Amended Road Easement Agreement recorded March 15, 1996 in
Book 970 at Page 427 and all terms, conditions and matters set forth therein.
31. Access easement granted to American Tower, L.P. d/b/a Mountain Top Management, Inc. as
described in instrument recorded February 15, 2000 in Book 1173 at Page 180 and all terms,
conditions and matters set forth therein.
Amended in Amendment to Easement Agreement recorded September 30, 2015 at
Reception No. 841344. Amendment recorded September 30, 2013 as Reception No. 841344.
32. Access Easement granted to Unites States Bureau of Land Management in instrument
recorded September 19, 2000 in Book 1208 at Page 96 and all terms, conditions and matters set
forth therein.
33. Mineral rights conveyed to CB Minerals Company, LLC in mineral deed recorded May 8,
2002 in Book 1353 at Page 298 and any interests therein or assignments thereof.
34. Terms and conditions of covenant regarding the Vulcan Ditch recorded September 22, 2003
in Book 1521 at Page 219, Page 231 and Page 243.
35. Reservation of all oil, gas and other minerals by CB Minerals Company, LLC in Special
Warranty Deed - Surface Property, recorded June 11, 2015 at Reception No. 863933 and any and all
interests therein or assignments thereof.
36. Any question, dispute or adverse claims as to any loss or gain as a result of any change in
the river bed location by other than natural causes, or alteration through accretion, reliction, erosion
or avulsion of the center thread, bank, channel or flow of waters in the Colorado River lying within
subject land; and any questions as to the location of such center thread, bed, bank or channel as a
legal description monument or marker for purposes of describing or locating subject lands.
37. Easement and right of way for County Road No. 335.
38. CDOT easements, ditches, pipes, dinosaur fossil wall and all matters shown on Boundary
Exhibit Map of NCIG Ranch Parcel prepared by Sopris Engineering LLC.
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