HomeMy WebLinkAbout1.40 Special Warranty Deeds - Water Rights949448 01 /28/2021 02.14.17 PM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
SPECIAL WARRANTY DEED
(Water Rights)
THIS DEED, made this �� day of nu d" 202 r , 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 goad 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 following described water and water rights:
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_
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
APB Holdings LLC,
a Colorado Iim ` liability company
f., r
By:
Andrew Bruno, its Member
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this �6 day of dati etar
202 1 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:
Notary Public
SHAWN MCKINNEY
Notary Public - State of Colorado
Notary ID 20174045288
My Commission Expires Nov 8, 2021
949448 01 /28/2021 02.14.17 PM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
EXHIBIT A
Coal Ridge Pump and Pipeline: All rights conditionally decreed to the Coal Ridge Pump and Pipeline
in Case No. 83CW367, Water Division No. 5, Colorado, to divert 2 cfs of water from the Colorado
River, with an appropriation date of September 14, 1983, at a point of diversion located in Garfield
County, Colorado on the South Bank of the Colorado River in Section 35, Township 5 South, Range
90 West of the 6th P.M., at a point 1,260 ft. West of the East line and 1840 feet North of the South
line of said Section 35.
Coal Ridge Reservoir: The right to store up to 2,000 acre-feet of water, as conditionally decreed in
Case No. 83CW368, Water Division No. 5, Colorado, with an appropriation date of September 14,
1983, at a place of storage in Garfield County, Colorado, at which the center of the dam axis is
located in Section 35, Township 5 South, Range 90 West of the 6th P.M. at a point 1,900 ft. West of
the East line and 210 feet North of the South line of said Section 35.
K
949449 01 /28/2021 02.14.17 PM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
SPECIAL WARRANTY DEED
(Water Rights)
THIS DEED, made this � 6 day of , 2021 _, 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 following described water and water rights:
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.
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
APB Holdings LLC,
a Colorado limited liability company
`A-I`drew Bruno, its Member
STATE OF COLORADO }
) ss.
COUNTY OF GARFI LD )
�r�K g
The foregoing instrument was acknowledged before me thisX day of t7 csar
202 1 by Andrew Bruno, as Member of APB Holdings LLC, a Colorado limited liability coffoany, on
behalf of said corporation.
Witness my hand and official seal:
SHAWN MCKINNEY
Notary Public - Stale of Colorado
Notary 10 2617404628B
fly Cornmisslon Expires Nov B, 2021
949449 01 /28/2021 02.14.17 PM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
EXHIBIT A
WATER RIGHTS
VULCAN DITCH WATER RIGHTS
393 of the total 440 acre feet per year of consumptive use water decreed on June 26, 1974, in Case
No. W-2127, Water Division No. 5, to the Vulcan Ditch and Vulcan Ditch First Enlargement,
together with the associated pro rata interest (393/440) in the right to divert from Canyon Creek
the total rates of flow of six (6) c.f.s., having been decreed in Civil Action No. 1313, Garfield
County District Court, on August 21, 1908, to the Vulcan Ditch with a date of appropriation of
April 1, 1907, Priority No. 175 in the Water District No. 39, and four (4) c.f.s. having been
decreed in Civil Action No. 4004, Garfield County District Court, on August 11, 1952, to the
Vulcan Ditch First Enlargement with a date of appropriation of October 8, 1942, priority No. 242
in Water District No. 39, and together with the right to divert said rights at an alternate point of
diversion on the Colorado River as decreed in Case No. 84CW349, entered on April 30, 1985,
Water Division No. 5, together with a pro-rata interest in Riverbend Wells Nos. 1 through 5,
inclusive, as described in Case No W-2127, Permit Nos. 018144F through 018148F. These
water rights are subject to the terms, conditions and stipulations in Case Nos. W-2127and
84CW349 and the following covenants:
1. A Covenant Regarding the Vulcan Ditch entered into between NCIG Financial, Inc. and
Frank A. and Bonnie M. Mills, recorded in the real property records of Garfield County, Colorado on
September 22, 2003, at reception no. 637024, effective date July 15, 2003.
2. A Covenant Regarding the Vulcan Ditch entered into between NCIG Financial, Inc. and
Jeffrey S. and Brenda S. Simpson, recorded in the real property records of Garfield County,
Colorado on September 22, 2003, at reception no. 637025, effective date July 15, 2003.
3. A Covenant Regarding the Vulcan Ditch entered into between NCIG Financial, Inc. and
Susan E. Santos, formerly Susan A. Edstrom, recorded in the real property records of Garfield
County, Colorado on September 22, 2003, at reception no. 637026, effective date July 15, 2003.
4. A Notice of Settlement and Release of Claims entered into between NCIG Financial, Inc.
and Harlan and Rebekah Baldridge, recorded in the real property records of Garfield County,
Colorado on August 26, 2003, at reception no. 634943, executed on August 13, 2003.
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