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Home My WebLink About1.08 Special Warranty Deed Mineral Rights949447 01 /28/2021 02.14.17 PM Page 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED (Mineral Rights) THIS DEED, made this day of )4nuArj 202 , 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, all of Grantor's interest in the oil, gas, carbon dioxide, helium, casing head gasoline, gas condensate, distillate, together with all coal, including lignite and subbituminous coal, coal bed gas, all other gaseous substances and all other minerals in and under and that may be produced from the property 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. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. APB Holdings LLC, a Colorado limited liability company By: " / AL✓ rew Bruno, its Member STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) �� 14 The foregoing instrument was acknowledged before me this .24 day of r 202 f by Andrew Bruno, as Member of APB Holdings LLC, a Colorado limited liability co any, on behalf of said corporation. Witness my hand and official seal: SHAWN MCKINNEY Notary Public - State of Colorado Notary ID 20174046288 My Commission Expires Nov 8, 2021 949447 01 /28/2021 02.14.17 PM Page 2 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded EXHIBIT A Legal Description Pamels A and C Township 5 South, Range 90 West, 6th P.M.: Section 35: That portion of the N'/2SE%, NE%SW'/ 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. 170-1 (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 27*13'30" 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 48026' 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 NEIA of the SW'/4 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% corner of Section 35 bears South 21 °36'30" East a distance of 2,796.8 feet; thence South 11047' West a distance of 104.9 feet; thence South 59*02' 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. K 949447 01 /28/2021 02.14.17 PM Page 3 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Parcel B Township 5 South, Range 90 West, 6th P.M.: Section 33: All that portion of the SE'/4SE'/ lying Southerly of the centerline of the Colorado River; Section 34: All that portion of the S'/z and SE'/NE% lying Southerly of the centerline of the Colorado River; Section 35: W'/2SW'/4, that portion of the SW'/4NW'/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% Section 6: Lot 5 (SW'/4NW'/), Lot 6 (NW'/SW%), SE%NW'/4 except the North 15 acres, NE'/4SW'/, S'/2NE%, N'/2SE%, SE%SE% Section 8: N'/2N'/z 3 949447 01 /28/2021 02.14.17 PM Page 4 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded EXHIBIT B Permi ted Encumbrances Each of the Title Comments and Requirements set forth in the following Acquisition Title Opinions: Acquisition Title Opinion dated 4/2/08 T. 5 W., R. 90 W., 6t' P.M. Sec. 35: Parcel A [see opinion for detail] T. 6 S., R. 90 W., 61' P.M. Sec. 6: Parcel C see opinion for detail Parcels A and C Acquisition Title Opinion T. 5 S., R. 90 W., 61' P.M. Parcel B dated 05/29/08 Portions of Sections 33, 34 and 35 T. 6 S., R. 90 W., 61' P.M. Portions of Sections 5 and 6 Acquisition Title Opinion T. 6 S., R. 90 W., 6"' P.M. Parcel D dated 05/29/08 Sec. 5: S/2SW/4 Sec. 6: Lot 5, Lot 6, SE/4NW/4 except the north 15 acres, NE/4SW/4, S/2NE/4, N/2SE/4, SE/4SE/4 Sec. 8: N/2N/2 4