HomeMy WebLinkAbout1.0 Application' i LL,,iLirtr:,1
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\\I.\}{RAN]'\' DI'E[)
THIS DEED, N,tadc this
19 87. bet\r'een JOHN
of the
' d;i of Ngygmbgr
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HUEBINGER, JR.
* Countl'of Garf ield and Statt of
Colorado. granlor, and
NORM GOULD & SONS CONSTRUCTTON, INC
u'hose legal address is 0 C 5 6 MeadOW Lane
G-, enwood Springs, CO 81601
of the Countr oi Garf ield and State of Colorado, !rantee:
\1'IINESSETH, Thar rhe granror forand in consid('rarion of rhe sum of 1g1 DOllaf S and Othef qOOdand valuable consideration------- ---:__:_i17ti"lvxl.the receipt and sufficiencl'ofuhich is herebl'acknou'lcr-l-rcd. has granted. bar-rained. scrtd and conveled. and bv these prescnts docs grant, bsrgain. sell.
County of Garf iel d and State of Colorado descrihed as frrlklvs:
see Exhibit rrArt attached hereto and made a part hereof .
as knoq,n by slreet and number as:
ToGETHER u'ith all and singular (he hcrediraments and appurtenances rhcrclo bctonging, or in anl,rvisc appcrraining, antl rhc rc'ersion and
reversions. remainder and rcmainders. rcnts, issucs and profits thereof. and all rhc estate, right. title. intcrest. clainr and dcnrand u.hatsoevcr ofthe
grantor. either in lau'or equitl'. of. in and to the above barcained prcnrises. s'ith rhc hereditanrcnts and appurtcnitnccs.
T0 llAvE AND To I{oLD the said prcntises above hlrrained and dcscribed. u'ith rhe apnurrcnances. unro lhe granr!'c. his hcirs and assigns
in mannerunifo,, as aftrrcsaid, and that the slmc arc frcc and clcar fronr all fornrer and orher grants. barrlins, sales, licns, ta\es. assessnrents.
encumbrances.and restrictions of u.hatevcr kind or naturc socver. L.\ccpt
Those items set forth on Exhibit "Btr attached hereto and madea part hereof.
The grantor shall and u'ill \\ARRANT A ND FOREVER DEI:END rhc' abovc-bar-cained pre mises in rhe quier and peaceable possession of rhe granlee,
his heirs and :rssigns, against all and ever5' person or persons lau ful lr clai nri nc rhe rrhole or anv part thereol T he si ngul ar nu nrber shal I i ncl ude th: plural.
lhe plural the singular. and lhe usc of an1, lender shall be applicable rtr all cendcrs.
IN \\ll-:r-.ESS \\HERItOF. thc crantor har crccurcd rhi. decri ()n lh(- dlc \cl f()rlh Jh()\'c
bhn Huebinger, Jr
STATE OF COLORADO
Countyof Garfield
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The foregoing instrument uas acknorvlcdged bcfore nre in rhe
Colorado. rhis AnA dai of l!91zgmbe1.
Irlv conrmission expires D ,<- A
Countv of Garfiel_dby John Huebinger, Jr
Srare of
$ 8 7 . \\'irncss nn,hand end official seal.
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(* Public service"
WP/ea
Encl osure
I'"'. John Huebinger
huebinger Real Estate
1620 C, Grand Avenue
Glenwood Sprinos, Colorado 81601
Dear Mr. Huebinger:
please find enclosed two copies of the requested ljcense agreement
ajlowing for your use of the Public Service Company right of.way as fenced
parking area. Please s'ign and have notarized both cop,ies of ttr-e a.qreement.
i?eturn-them to me at 59d9 E.38th Avenue, Denver, Co]orado 80207. I can
then recejve v'ice-presidential approval of the agreenrent, and will forward
one fully executed copy of the agreement to you.
Si ncerel y ,
Jrl,- /
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l,larren Petracek
Pight-of-Way Agent
Architectural & Right-of-Way Department
February 10, 1987
Public Service
Company of Colorado
5909 E. 38th Ave.
Denver, C0 80207
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THIS LICENSE, made this - day of , 19 ,by and between PUBLIC SERVICE-T0I;IPANY rporation,
herei nafter ca'l 'led "Li censor" , and JOHN HUEBi NGER
WITNESSETH:
}JHEREAS, Licensor, owns an easement for e'lectric transmission lines in
the NE* Sectiqn t, fownsnip Z Sout West of the 6th
n
L iCENSE
l,JHEREAS, Licensee has requested
ma'intain and repair facil jties consist'ing
and fencing
permission to construct, operate,of a paved parking 1ot
NOl,l, THEREF0RE, in consideration of the sum of One and No/100 Dol'lars
($1.00) the receipt of which is hereby acknowledged, Licensor does hereby
authorize Licensee to 'locate its said facil it'ies on the premises as more
particularly shown.on Exhibit A attached hereto and made a part hereof subiect
to the fol I owi ng terms and cond'iti ons to wi t:
1. It is understood and agreed that Licensor is the owner of on'ly a'limjted interest in and to the above descrjbed easement by reason of a
conveyance of an interest in land in the nature of a right-of-way and easement
for the construction, operation, maintenance and reconstruction of electric
transmission lines, and that Licensee, its successors and assigns, is required
to obtain a conveyance from the owner or owners of the remaining proprietary
interest, in the premises.
2. After initial construction and thereafter, in the event of
resett'l'ing, Licensee shall restore the surface of the premises by grading and
conpacti ng any i rregu'l ari ti es 'lef t af ter constructi on.
3. Licensee sha'll reimburse Licensor for al I costs invo'lved for
replacing and resetting any section corners, quarter corners, ownership
monuments, rjghts-of-way markers and reference points, disturbed or destroyed
during the construction, operation, maintenance or removal of said facilities.
4. This License is issued sub.'iect to any prior I icenses, easements or
leases granted by the Licensor for improvements of other parties.
5. Licensor reserves the right to 'license others to insta'll improvements
in, or, under and along the premises provided that same shall not interfere
unreasonab'ly with facil ities herein authorized.
6. Ljcensee shall no+jfy 'in writing Licensor's Transmission Lines
Manager, P.0. Box 840, Denver, Co1orado,80201, or by phone at 273-4686, at
least four (4) days prior to the beg'inning of any construction of the
facitjties in order that a representative may be present during such work.
Directions given by such representative relat'ing to the safety of Licensor's
structures shall be followed.
7. Licensor intends to use the premises for all purposes connected with
elec'"ric transm'ission and d'istr jbution I ines, and that the rights herein
granted to the Licensee for the use of the premises are subiect to the rights
of Licensor to use the premises for such purposes, which rig[ts.-Licensor
hereby expressly reserves.
B. Licensee shall indemnify and save and hold harm'less the Licensor
against all c'laims and 'liab'i1ity for damages, 'loss or expenSe caused by any
injury or death to any person or damage to property if the same shall in any
way be connected with or result from the use of the said premises by Licensee,
unless caused by the sole negligence of Licensor or its agents.
9. In the event that Licensee's use of premises shou'ld, in the so'le
judgment of Licensor, interfere with Licensor's use of premises or constitute
a hizard to Licensor's structures or the general public, Licensor may require
irnmediate relocation or modification of Licensee's facilities to e'liminate
such interference o!^ hazard and may suspend Licensee's right to use the
premi ses under thi s I i cense unti I such rel ocati on or modi fi cati on i s
compl eted.
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10. Upon abandonment of the use of the premises by Ljcensee, or the
vjo'lation of any of the covenants hereof, the permission and right herein
granted shal 'l termi nate. -tlpon termi nati on, L i censee shal 'l remove i ts
iacilities'from premises. If Licensee shou'ld fail to remove its facilities,
Licensor may remove said faci'lities at the expense of Licensee.
11. It is understood and agreed that Licensee has been fully advised by
Licensor that the electric conductors on the electric lines, which are on the
premises, or which may be insta'lled in the future, transmit or wil'l transmit
electric current up to 230,000 vo1ts or more and that the conductors on the
e'lectric I ines are not insulated. Licensee shal'l advise a'll its employees 'agents, contractors and other person who enter upon the premises of the
dangers involved.
12. Licensee shal'l not assign the License nor any rights hereunder
without the prior written consent of Licensor. Any assignment without such
consent sha'l'l in no way be binding upon Licensor and shall give L'icensor the
option to terminate this License. Subject to the foregoing restrictions, this
License shal'l inure to the benefit of and be binding upon the successors and
assigns of the parties hereto.
IN I,IiTNESS l,JHEREOF, this Agreement has been executed the day and year
first above written
ATTEST:PUBLIC SERVICE COMPANY OF COLORADO
By:
Secretary Vice President
Accepted this day of ,19
Notary
My Commission Expires:
JOHN HUEBiNGER
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o-!o EXHIBIT A
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NOTE: THE PORTION OF FENCE UNDERTHE
TRANSMISSION LINE MUST BE GROUNDED.
THE FENCE CAN NOT BE HTGHER THEN 12,
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LICENSE FOR PAVED AND FENCED
AREA.
86-122
t JOHN HUEBINGER Public Service*
Public Servlcc C.ampanv ol Colondo
N=CiION I ToffhlsltlP 7 SOUTH RANGE 89WEST SCALE: l"' 5O'LINE:
CAMIO - HOPKI NSSIXTH PRI TCIPAT MERIDIAN GARFIELD COU'{TY,@IORADO DRAWNBY: JK
DOCUMENI t.|o. tOOl3l AGENT PETRACEK CATE: l- ?8-AT
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V?ArER I^IELL JOfliT USE' AGREEMENT
THIS AGREEIIENT is made ald entered into this 5th
d.ay of November, 1984, bY and between HUE MAB,T CORPORATION
(Hue I'lart)- and NEUTZET INC. tNeutze).
WITNESSETH:
WHEREAST Hue Mart is the owner of the real ProP-
, erty described, in Exhibit A attached hereto and rnade a part
. . ]rereof (.Hue Mart Property) ; and
.';'..,,,..,:.' :' WHEREAS, Neutze is the owner of the real property
described in Exhibit B attached hereto and made a part
hereof (Neutze Property); and
WHEREAS, there is nov, Iocated on the Neutze
Property a water well which is supplying domestic water tcl
businesses located on the Neutze Property (Watei WelI); and
WHEREAS, the parties hereto desire to make pro-
' vision for the supplying of water from the Water t'1e11 to
as the businesses now utilizing such wate:: source on l-he
I'leutze Property;
NOhl, THEREFORE, the parties hereto do here):y agrec
tha.t..the ternrs and conditions hereof shalI control and
govern the use of water from the Water WelI by users located
on lhe respective properties of the part5-es hereto:
: ; ; - ,,i.,'
1. . ArI pipilgr vdlves,fixtures and' any and all equipment necessary to furnish
water from !h" wuter well to the Hue Mart property shall beat the sole cost and expense of Hue Mart and without inter_
ruption of water service to the Neutze property.
2 ' Irrater Meters. At such time as r+ater facili-ti6s are constructed, from the water well to the Hue l,tartProperty, each of the parties hereto sharr instarr continu_.
ous flow meters on the. respective lines of each which sharl
measure the water usage on each property.
3. Maintenance of WeIl. Each of the parties
sha11 be responsible for the maintenance of the l{ater Ir7erl
and' the pumping facilities therein. A1r major expenditures
for reworking the wellr replacing purnps and any and all
other major expenditures sha11 be accomplished only upon
mutual aglreement of the parties..
4.
" Costs and Ex_penses' Arl water werl maintenance, costs and expenses,
including elecLricar.charges, sharl be borne by the parties
hereto in the same respective percentages that each prop-erty uses water from the water i{e,1. Monthly maintenance
costs and. expenses shall be divided in accordance with thewater usage for each month. Major maintenance costs shal1be divided in ae':ordance with the rer-ative percentage of useof the parties based upon the preceding twelve (-:Z1 monthperiod.
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Becordsd ", Q : rl 4 u'.t"",., 4 lr1. NOv 0 7 1984 --
r".'r,".*'--;Sef fe'X,l'""#ft it3[lt;15:3|ff 3
t'U
l,AND usE REsr.BIgrreN
THIS INDENTUFTE i3 made and entered into this 5th
day of Novemberr 1984' by and between HUE !'IART CORPORATION
(Hue Mart) anil NEUTZE' lNC' (Neucze) '
WllNESSEIH:
I^IIIEREAS, Hue Mart was the owner
the properties described in Resolution No'
Board of county commissloners of Garfield
which resolution is recorded hs RecePtion
659 at Paqe 413 (Resolution) i and
WHEREAS' on date hereof i
and Neutze purchased from llue Mart
a Part hereof (Neutze
h€r6Eo da hereby 6grsE
B0lx 659 frc[66S
and develoPer of
79-78 of the
County, Colorado'
No. 357019 in Book
Hue Mart sold to Neutze
the Parcel of land iclenti-
and is described in Ex-
fied in the Resolution as Tract A
hibit A attached hereto and made
PropertY); and
WHEREAST Hue llart remains the owner of the parcel
of ProPerty identified as Tract B in the Resolution and is
deecribed in Exhiblt B attached hereto and made a Part
hereof (Hue Mart ProPertY) ' and
I^IHEREAS' ae additional consideration for Neutze
purchaeing the Neutze ProPerty from Hue I'lart' Hue Mart
agreod to rooBrlct tho uao of tho Huo Hart ProPerty ln tshe
particutarg horelnaltqr Eot torthl
Nol{r 'IllEREp6pg' the parglBH
ac followct
'$I3 ,.,
By
ilrlrr( 659 lru67o
1. Hue Mart will not ileyeloP' nor allow develop-
ment, nor sell to anyone else who will ilevelop businesses
on the Hue Mart ProPerty for the operation of a conyenience
store or Iiquor store or any retail outlet which would be
deemed in competition with the businesses now being con-
ducted uPon the Neutze ProPerty'
2. The restrictions uPon the use of the llue }lart
shallbeacovenantrunningwiththeHueMartProP-ProPertY
ertY.
3. The terms and conditions
to and be binding uPon the respective
the successors and assigns of each'
Dated this 5th day of Novemlcer' 1984'
HUE MART CORPORATION
INC.
eutze,
hereof shall extend
parties hereto and
/ns'{- 'Attest\ -l' /.
'---\ -r-( iffi;ffi+
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z .. t, V?2.^gSecretarY
NEUTZE,
5. Limitation on'Use. The joint use of the t^later
tIeII contemplates that th,e vrater requirements of the Hue
l-lart Property Will be no l'1ofe water intensive than ih. usage
now being made by the. users on the Neutze Property. fn the
event any water use on the Hue Mart Property requires more
water than as herein stated, the cost of delivering water
and of insuring an adequate supply therefor shall be the
sole cost and responsibitity of Hue Mart. AdditionalJ-yr dnY
such excess use by Hue Mart shall not operate to deprive the
Neutze Property of the average suppty of water which it had
theretofore been utilizing and it is herein expressly agreed
that such average supply of water shall be'guaranteed to the
Neutze Property.
6. Easement. Neutze hereby grants to Hue I'Iart an
easement and right-of-way extending from the Water I,IeII to
the easterly property line of the Neutze Property for the
installaLion of a water 1ine, water meter and appurtenant
tacllltLes.
7 . Appurtenance to Land. The hiater l,le1l shall
utilized solely for the use and benefit of the Hue Mart
Property and. the Neutze Property and, to the extent herein
established, an appurtenance to each of such parcels and may
be conveyed, transferred, encumbered or otherwise hypothe-
cated only as an appurtenance to each of the parce:s the
sub;ect hereof.
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-. ;lii'',' , -'' .,.,. ' ,. g.',,, girrding nf f ect,, The tefms and condf tions
,,,'.:.:;hereofsha].I.extend.Foand.bebindi'.,g:.uP9neactr
partieshereto,.theirreSPectiveSttccesSorsandassi9nsof,.
all kinds.:
parties. haye hereunto set
year first above written.
IN I{ITNESS WHEREOF,
their hands and. seals the d;
the
and
}TUE MART CORPORATION
NEUTZE, INC.
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nger,
Huebinger,
ev [:Pete NeuLze, Pre
ThuIson, Ass t. SecretarY
st:
SCHEDULE B
SECTION 2
EXCEPTIONS
G-02-5 5 -B I
Thc poticy or policies to be issued wilt contain exceptions to the followingmatters unless tre szune are disposed of to the satisfaction of
lhe C<lntpanY:
l. Righs or claims o[parties in possession not shown by the public records.
2. Eascments, or claims of eascments, not shown by the public records'
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments. and any facts which a corrcct survey and inspection of the
prcmises would disclose and which are not shown by the public records.
4. Any licn, or riglrt to a licn, lor services, labor or material herctofore or hercafter furnisltcd, inrposcd by law and not shown by the public
rccords.
5. Dcfccls. licns. cncunrbrances, adversc claims or other marters, if any, crcaled, first appcaring in thc public rectlrds or attaching subscqucnt
to thc cll'cc(ive datc 5erc6[ but prior to the date thc pr<lposcd insurcd acquircs of rccord lor valuc lhc estalc or interesl or mortga8e
thcrcon covcrcd by this Conlnlitlncnt.
6. Taxcs gr special asscssnrcnts which are nol slrown as exisling licns by thc public rccords'
7. In atldition. lhe owner's policy will be subject lo thc nrortgage, if any. notcd undcr ilcnr onc of Section I of Schedule B hcrcof'
8. Reservations and exceptions aS contained in the United States Patent
to the described property recorded as Document No' 215972 in Book 338
at Page L25, including:
a. There is reserved from the lands hereby granted, a right of way
thereon for ditches or canals constructed by the authority of
b.
the United States.
Excepting and reserving, also, to the united states, all the oil
and gas in the lands so patenied, and to it or persons authorized
[V-iir-tfr" right to prospect for, mine, and remove such deposits
from the same'.rpo., cL*ptiance with the conditions and subject-to
It," pro.risions ind limitations of the Act of JuIy L7, 1914 (38-
stat. 509). This entry is made under section 29 of the Act of
February 25, :l.g2o (41 Stat . 437) and the Act of March 4, 1933
(47 Stai. 1570) and the patent is issued subject to the rights
of prior permittees or leassees to use so much of the surface of
said lands as is required for mining operations, without compensa-
tion of the patentee for damages reiulling from proper mining
operations.siruject to the right of way fof public.roads and utility purposes'
and all land in said Lot 3i lying within 200 feet on either side of
and paratlel to the center line "f the Denver and Rio Grande Western
Railroad right of waY.
c.
b.
d.
Rights of way and easements for road.s, streets, ditches, canals,
pipelines and utitity 1ines, including:
a. Conveyance from Sil1y O. Gee to the Department of Highway, State
C.
of Colorado in Special Wa::ranty Deed recorded as Document llo.
227539 in Book 361 at Page 597.
permanent Easement from Billy D. Gee to the Department of Highways,
State of Colorado recorded as Document No. 22754L in Book 362 at
Page t.
Easemcnt to Public Service Company of Col-orado over a portion of the
tract as referred to in the Quit C1aim Deed from Bi1ly D. Gee to
the Board of County Commissioners of Garfield County, Colorado
recorded as Document No. 239823 in Book 391 at Page 25L-
Conveyance from Silly n. Gee to the Board of County Commissioners
of the County of Garfield, State of Colorado in Quit Claim Deed
recorded as DocumenL No. 245999 in Book 409 at Page 218-
Right of way easement from lluebak Corporation to lloly Cross
Electric Association, Inc., a cooperative corporation recorded
as Document No. 279584 in Book 498 at Page 541.
Right of way easement from Iluebak Corporation, a Colorado
coiporation to HoIy Cross Electric Association, Inc., a cooperative
corporation recordad as Document No. 280159 in Book 499 at Page 842-
e.
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GARF I ELD COUNTY
COL0R/iDC
Tlris is to cerfify tlrat on t}re 25th ciay of October, 1977, tllere was an update survey
made by SCARllOh, AND \\tALKIln/fxnNl, INC., of the inrprovements on a parcel of land
situated in I.ot 36, Section 1, Tormship 7 Sotrtli, Range B9 \'lest of the Sixth Principal
)leridian of Garf jeld County, Colorado. '.1'lre: e ',ras found a one stor.y cirrdcrblock btrildlng
r.ritlr colcrcte f oundation, and tar .nnd gr-;:ve1- roof to l;c loc;rtcd as sllor.'n on this p1at.
Ttre locaf j.on alrd dimcpsions of n11 bui It'I :i.irgs, i.niproventents, cascntcnts and ri.ghts-of -ways
in evi.dcnce or knor,,n to rne arrd cncroaclrmcrrts by or on the 1>rcnti.ses at'e accuratcly sllown.
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204 Bth Street
G1enr.'ood Springs, ColoradoOctobcr 25, I977
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Colorado Iltnl flstalc Commission (SC 26'2-iil)
THISISALEGALINSTBUMENT.ITNOTUNDEBSTOOD'LEGA'.,TT-XOROTI'IEflCOU!SEL SHOULO BE CONSULTEO BEFOBE SIGHING.
1. The undersigned agent hereb]. ackno\\'ledge-. having recei'ed-frorr- l{of ry GouId O Sons -co;i;i;ii;L'i5il"ih-c. ""' ;l;:": :,,,-_ "ffito Le he lrl b1' '
broker, in broker's escr.ol\.or trrrstee account. as earnest nrolte]'at-r<l part pa1'ment for the follo$'ing described real
estate in the
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- Countv "r--- -G-q-f-i-Lq]4--' Co)orado' to rvit:
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy Iimited to Liquidated Damages)
October 15,1e B7
See attached Exhibit rrArr
togetl-rer,rvith all easenrents and rights of rral'appurtenant thereto, all inlprovements thereon and all fixtures of a
permanent nature currently on the prenrises except as )reteitrafter provided, in their pt'esent condition, ordinary
wear and tear excepted, and hereinafter callcd the Propertt" NOf m GOUId & SOnS
2.SrrIliectt,o'tlreprgvisionsofparagraphl7,theundersigrtcd;let.son(s)Constructron l.nc.
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'"'"J] 'i,:"'Jffi::"'il:J5ff;Tt1y-'H'i'8b= d'^]TlJluo," a.s ro,)ou's: Pl-.9-9-q,!0 herebv receipred ror;
$ 4),'s b6"' i ;" i i;h "?rr "c e-itEjEE- ctre ct<' a t c 1 os ins'
Each party agrees to pay their ol.rn closing costs.
4. Price to include: none
andrhefollorvings.aterrights: none other than v"e1l- agreetnent attached as
Exhil:it rrBrt
b. If a nerv loan is to be obtained bl,Purchaser fronr a third Jrartl', Purchaser agrees to promptly and diligently (a)
appll.f<,r such loan, (b) execute all documents and furni-.h all infornration and documents required by the lender, and
(c)pa).thecust.nrar.]'costsof obtainingsuchloan.Thenif suchloanisnotapprovedonorbeforeOct' ]-5 ,
lg I7, or if s<.r appr6ved but is not avail:irl.: at tinre of closing, this contract shall be null and void and all paynrents and
things of value received hereunder shall be returned to Pr.trcltltser.
6. If a note and trust deed or mortgage is to be a-"sunrccl, Purchaser agrees to appll'for a loan assumption if
required and agrees to pay (l) a loan transfer fee not to exceed $ N/A and (2) an interest rate
,rot to "r,"""d N/A 7c per annuni.lf the loan to I,e assurned )ras provisions for a shared equity or variable
interest rates or variable pa1'nrents, this contract is conrlitioned upon Purchaser revier,l'ing and consenting to such
provisions. Ifthe lender,s consent to a loan assunrption is required, this contract is conditioned upon obtaining such
consent without change in the ternrs and conditions df such lozrn except as herein provided'
7. tf a note is to be nrade payable to Seller as partial or full pa1'tnent of the purchase price, this contract shall not
be :rssignable b1'Purchaser u'ithout u'ritten colrscnt of Seller'
8. Cost of any appraisal for loan purposcs to lre ol;tained after t]ris date shall be paid by
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No. SC 26-2-81. CoNTRACT To ItuY ANt) s[:r-l' R[:AL LST{TI (1'rtt lrnd)
ttndftrd Publis\in5' 5sl5 \\'. 6{h Art . I rlc*url, C0 f{(1214 - (l0l) 21349m
e.85 (ai),
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9./n/tb{.ra/to/t;t/y+"ofle/'r<y'tetfl.,/xr/,f t{tty'eft,y'r;IYrrrlent cottrnrittr.rcnt for title itrsttrance policv in an
anrount eqrral to the purchase price, at Sell_ers /rLi/n'/hd/,r-pc:rsc, shall be fulnishcd to Purclt:tser on or I)cfore
OctOber 2 0 , , 1g B 7. Ii Seiler c.lects tr, fulnish said titlc insurancc c()nrnritnrent, Se ller u'ill
deliver the title insurance policy to Purchaser after closing and pal' the pt'cmiunr tlrereon'
'io.-t6"Jri"oictosingshallbethedatefordeliverl'ofdeedasprovidcdinparagraphll.Thehouran<iplaceof
closingshallbeasdesignatedS" Huebinqe! P'ea1 Estate
11. Title shall be nrerchantable in Se'ller, elicept as stated in this par:rgralih and in paragraphs t2 and 13. Strbject
to payment or tender as above provided and compliance b1'Pr:rchasel'*'ith the ot)rer ternrs and prol'isions hereof,
Seller shall execute and deliver a 9oo6 and sufficient -ge-!-e-fA,1__- u'arrat.tt1'deed to Purchaser on
November 2,_, 19--8J, or., b1. mutual agreenrent, at an earlier date, convef ing the Propertl'free and
clear of all taxes, except the general taxes for the 1'ear of clo-.ing, and exccpt
- --ryOng_-
free and clear of all liens for special ir.nprovenrents in*.tallecl as of the date of Purchaser's signature )rereon, rvhether
as :ssed or not; free and clear of all lierls and ettcunrbranccs exccpt nOne
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rightof rcvertcr: Deed restr-'i-Ction
I
and except the follorving specific recorded and,'or apparent easenrcllts: aS per Schedule g att.cf,eail
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except the follo$.ing restrictive covenants ri'hich do Drit contain a
with Neutze Inc. , as Per attaci'red
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and subject to bui)ding and zoning regulations.
12. Except as.stated in paragraphs ll and 13, if title is not nrcr'<lrarrtablt'and u'I'it.tctr notice of defect(s) isgiven b1'
purchaser or purchaser's agent to Seller or Seller's agen'u on or lrcfore date bf c)<,silrg. Scller shall use reasonable
effort to correct said defect(s) prior to datc'of closing. If Seller is unable to c<-rlrect said dcfect(s) ot.t ot before date of
closing, at Seller's option and upon'rr.ritten noticr.to Purchasel or Pulclraset"s agent on or lrefol'e date of closing, the
6ate ofclosing shall be exteptled thirtl'da1's for the purpose c,fcolrt:ct.ing said defect(s). Exccpt as stated in paragraph
18, if title is not rendered nrerchant.able as pt.ovi<)ed in this pa).agr':rph 12, zrt. Pul.chaser"s option, this conlract shall be
void and of no effect and each partl'hcr.cto shall be relcased frc,nr all obligations l.rct'ettnder and all paynrents and
things of value received hereunder shall be t'eturtred to Pul chaser.
18. Any encunrbrance required to be paid nral' Lre paid at the tinie of sett)etlrcnt fronr the proceeds of this
transaction or fronr any othel sout.ce. Plovided, hou'ever, at the option of either partl', if the total indebtedness
secured by l.iens on the Proyrerty excee<is tire purchase price, tliis contract shall be void and ofno effect and each party
hereto shall be leleased from all obligations hereunder and all pa1'nrents and things of value received hereutlder shall
be returned to Purchaser .t 9.8 6. taX amq,nt
14. General taxes for the year of c)osing, b:rsed on tl',. y'rodiy'riril lr/'! /"il1iy'il|*/r'"/.n/ a'/e"1heft, prepaid
rents, rvater rents, seu,er rents, FHA nrortgage insltrance prenriutns and interest on etlcutrtbratrces, if anl', and
none other shall be apportioned to date ofdelivel'1'ofdeed.
15. Possession of the Property shall be delivered to Prrlchaset'otr delirzef y of deed
subject to the follorving leases or tenancies: none
16. In the event the Property is substantialll' danraged b1' fire, flood or other casualty betu'een the date of this
contract and the date of delivery of deed, Purchaser nral' elect to ternrinate tlris contract; in u'hich case all payments
and things of value received hereunder shall Lre retut'lled to Purchaser.
1?. Time is of the essence lrereof. If zrnl'note or clreck rt,ceived as earnest lltone]'lrcreutrder or an1'other pal't:rent
due lrereunder is not paid, lronore<i or tendered s'hcn due, or if anl'otlrcr obligation hercur.t<ler is not lierfortned as
herein provided, there shall be the follorvitrg t'enredies:
(a) IF PURCHASER IS IN DEFAULT, then all pa1'nrents and things of valuc : 'ccived heleutrder shall be
forfeited by Purchaser and retained on [,e]ralf of Seller and both Jrarties shall thelcafter be re]cased from all
obligations hereunder. It is agreed that such pa]'n)ents and things of value;rre LIQUID.ATED DAI\IAGES and
(except as provided in subparagraph (c)) are t)re SELI-ER'S SOLE AND ONLY REI\IEDY for the Purchaser's
failure to perform the obligations of this contlact. Sel)el expt essll' rvaives the retrtedies of specific perfornlance
and additional damages.
(b) IFSELLERISINDEFAULT,(1)i'urc|aselnravelccttotrcatthiscont.ractastet'nrinatetl,insltichcase
all paymests and things of value received heleunder shall tre returned to Purchaser and Purchaser ma]' recover
suc6 rlanrages as ntaJ,be proper, or (2) Purclraser r)ra\'*lect to tlcat this contl'act as Leing in full force and effect
anci Purchaser shall have the rigl-rt to an actiott for specific perfoltttattce or danrages, or hoth.
(c).A.nl'thing to the contrarl'herein notrvithstanding, in the event of an1'litigation arising out af this
contrrrct, the court may au'ard to the prevailing paltl'all reasonable costs and expense, including attornel's'fees.
18. PurchaserandSelleragreetirat,intheelentofanl'controvers)'regar(lingthc:earnestnr(,ne)'heldbl'broker,
unless mutual rvritten instruction is received b1'broker', brokcr shall not be required to take anv action but nra;- au'ait
anyproceeding,oratbroker'soptionanddiscrerion,nraf interploatl anvmonet'sorthingsof valueintocourtandmay
recover court costs and reasonable attorneys'fees.
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ll to. Additional orovisions:il f . rfris ccintract is expresely contingent upon Norm
ll Construction fnc. obtaining satisfactory financing
19. Additional provisrons: - liI.'-'Ttii;";dnd;;;t is expresely contingent upon Norm Gould & Sons llConstruction fnc. obtaining siti=factory financing as per paragraph ii#5 of this contract, from A1pine Bank & Trust. li
2. Both Purchaser and Sellei acknor.rledge that they have been advised
to seek legal counsel for this transaction. I3. Purchaser hereby acknowledqes prior, timely receipt of notice li
that Huebinger Real Estate (broker) and its agents are agents of.
Seller and are not representrng purchaser or purchaser I s agent in
this transaction.
4. Se11er is a licensed real estate broker in the state of Colorado.
5. It is mutually agreed b1r both Purchaser and Seller that [iue-
binger Real Estate sha1l release, upon execution of this contract.'
the earnest money deposit to Seller for the purpose of obtaining
the release of $25r000 persent lien.
6. Taxes for lgBT to be proratecl shalI be re-adjusted betrveen the
buyer and seller as soon as the taxes have been billed by the
County Treasurer.
7. Seller shal1 immediately execute Public Service Agreement as per
letter and license request dated February 10, l9B7 and assign
license in its entirety to Purchaser
20. If this proposal is accepted by Seller in rvriting anrl Pulchirser receives notice of such :receptance on or before
-QC-tOLef 15, , n 87 this instlrrruent shull'oeconre .r contrlct betrveen Scller irn<l Pltrchzrser and shall
inure to the benefit of the heirs, successors anrl assigns of such parties, except as stateri in palaglaph 7.
B lokerL0/t4/87
tr-ueEion
Purchaser's Acldt'ess
(The following section to be conrpletr:d
21. Seller accepts the above ploposal this
-15-,1a5'of
l9-BJ, and agrees
to pay a commission of IIQ-Q-e
-9o ol lhe purchtse plice fol services in this transaction, zrntl lgrees that, in the
event of forfeiture of pzrynrents and things of v:rlue leceiver.l hereunrler, such plyrrrents atrd things of value shall be
divided betrveen listing broker and Seller, one-half thereof to saiti l;roker, but not to exceetl the conrtrtission, irnd the
balance to Seller.
Seller
Huebinger ReaI Estate
4**"^-;e*---
John Huebinge rl J,/ .
Address02 35 Oal< Lane "-Gl-e_rygqAd-Sorj-4q9, Co BI60t
Listing Broker's Name and Address Huebinger ReaI Estate
b-v Seller and Listing .-\gent)
October
I
VIATER l,lELL JOIIlT TJSII: /rGREEyitNT
TIIIS AGREEI'IENT is made ald
day of l.lovember, L1BAt by and bi:tr+een
(llue l.lart.)- and NEUTZE,INC. (-Irre-utze) -
entered into this Sth
HUE YAR.T COiIPOF;TION
owner of !h" real property
hereto and made a part
Neutze
tic rvater 1-c.r
rJel1 to
r is welI
on l-he
ltlITI{ES SETH :
. WIIEREAS, Hue l,iart is the o\{ner of the rea} prop-
erty described. in E>:hibit A attached hereto and rnade a part
]rereof (.I{ue I'lart Property) ; and
. . j .: !,IHEREAS, I{eutze is the
described, in Exhibit B attacired
hereof (Neut.ze Propertl,) ; and
Property a
businesses
ITHEREAS, there is now Iocated on the
water well which is supplying domes
located on the lleutze Property (I.tatei Vle11) ; and
l^lflEREAS, tire parties hereto desire to make pro-
vision for the supplying of water from the t{ater
properties to 'be located on the llue l,{art p,roperty
as the businesses norv.utiLizing sucl: r,.,aLel: source
Neutze Property;
NOhr, THEREFORE, thc
tira.L_..t.he ternrs and condition:
govern the use of water from
on Lhe respective properLies
parties hereto do here):y agrec
irereof shaII cont-rol" and
tJre \rlater WeIl- by users loca Led
of the parties hereto:
o
Iities. AII trip.ing, V&Ives,
f ixtures and any ancl aLl- ecjr-ir--nent necessary to furnislr_
rvater from the tlater Uerr to the Hue I'iart property shalr be
at the sole cost and e):pense of Hue l'Iart and without inter-
ruption of water service to tl:e l',re.utze property.
2. \rrater ]'iet'ers. .?it such time as \\'ater facili-
o
1.
ti6s are
Propertl'
ous flow
measure
sha1I be responsible for ti'rr.- maintenance of Lhe
and the pumping f acili'cies t::,-::e j.n. A1I ma jor
for reworking the v,'ell, repl_acing pumps ancl any
other major expenditures sha.. I be accomplished
mutual agreement of the part:i es..
constructed. f rom ti., i,la,cer I{eII to the Flue },1art
, each of the partic:: hereto shall install continu-
meters on t):n. ygspc,'-rj-ve lines of each rvhich sjrall
the water usage on cic:lr property.
3. I,laintenance oil l,jrll. llach of the parties
\{ater WeIl
expend iture s
and all
only upon
4. Division of \r,e-, I l,laintenance Costs and Ex-
penses. Arr water l{err maini'-enance, costs and expenses,
including erectricar.cirarges, sharr be borne by the parties
]reret,o in the same respectir,: percentages that each prop-
.
elty uses water f rom the l,tater \ierr. l.lonthry maintenance
costs and expenses sharr be c'.:.,'_i.ced in accorclance w-ith the
water usage for each mont)r. l.ia jor maintenance costs sirarl-
be' divided in ae.:ordance r+it)-r the reLative percentage of use
of the parties based uDon *ch:: precedi.ng tryerve (rz1 month
period.
5. Limit'titi'on 'on'Llse.' The joint use of the \tater,_
I:lel-I contemplates that tire r.:,r.ter requirements of the Hue
l.lart property rvill be no mcl.e r^;ater intensive tl'ran lhu usage
now being made by the.users on the Neutze Propertl'. fn thA.
event any water use on the ijue ]'lart Property requires more
water than as herein statei, the cost of clelivering vrater
and of insuring an aCequate supply the.refor shall be the
sole cost and responsibilitv of IIue l"lart. Additional).yr any
such excess use by I{ue I'ia::t shall not operate to deprive the
Neutze Property of the aver-age suppty of water which it ]rad
theretofore been.utilizing and it is herein exp):essly agreecl
that, such average supply of ',.rater shall be'guarauteed to the
Neutze Propertl'.
6. Easement.l{,:t,',i-ze hereby grants to Hue 1.1art an
easement and right-of-r+al, e:-:ending from the I'Jater \{eII to
the easterly property line r:i the lleutze Property for the
installaLion of a water Ii;r,-,:, \.,'ater rrreter and appurtenant
facil i ties
7 . Appurt.enance i Land. The \'iater l,le}l shall be
nd benefit of the Ilue I'iart
.:ty and, to the extent herein
to each of such parcel.s and may
umbered or othervrise hypothe-
: to each of the parcr:s the
-3-
utilLzed, so1ely for the use
Property and. the Neutze Pro;:,':
established., an hppurtenance
be convel,ed, transferredr eil.j
cated only as an appurtenance
sublect hereof,
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,r
t. i,;',1:i,,:; hereof shall.extend to and. be bindiI,g:,uPgl.,each,of, the.
IN If f TNESS I{HEREOF, the parties. haye hereuntg set
their hands and. seals the da., and year first above written.
HUE }"{ART CORPORATION
NEUTZE, INC.
-4-
By
nger,
Huebinger,
Neutze,
Secretary
.t.
',' Atte
.........,:
THIS LICENSE, made thls day o:
LTCENSE
COMPANY OF COLOMDO, A
and Norm Gould and Sons
'L9by and between PUBLIC SERVICE
herelnafter called "Licensor",
Colorado corporation,
Construction, Tnc., a
Colorado Corporation
cal1ed "Licensee";
WITNESSETH:
WIiEREAS , Ll censor, owrls
the NEI Sectlon 1, Township
an easement for
7 South, Range 89
h ere inaf ter
electric transmlssion lines in
West of the 6th
Principal Meridian County of Garfield
permlssion
of a paved
as shovrn on
to construct, operate,
parking 1ot and fencinq
Exhibir A; and
I\II{EREAS, Licensee has requested
maintain and repair faclLlties conslsting
NOW, THEREFORET In consideratlon of the suur of One and No/100 Dollars
{$i.00) the recelpt of which is hereby acknowledgeci, Licensor does hereby
authorize Llcensee to locate its said facilities on the premises as more
particularly shor^m on Exhibit A attached hereto and made a part hereof subject
to the following terms and conditlons to wit:
I. It is understood and agreed that Licensor 1s che owner of only a
l-inited interest in and to the above descrlbed easement by reason of a
conveyance of an lnterest in land in the nature of a right-of-way and easement
for the construction, operation, maintenance and reconstruction of el-ectrlc
transmission l-ines, and that Licensee, its successors and assigns, is required
to obtain a conveyance from the ovrrer or owners of the reuraining .proprietary
interest ln the premises.
2. After initial construction and thereafter, in the event of .
resettling, Licensee sha11 restore the sui:face of the premises by grading and.
compacting any lrregularities left after constructlon
3. Licensee shall reimburse Licensor for .a11 costs invcirred for
replacing and resetting any section corners, quarter corners, ow-nership
rnonuments, rights-of-way markers and reference points, disturbed or dest::cyed
during the construction, operation, mai-ntenance or removal of said facj.lities.
4. This License 1s issued subject to any
Leases granted by the Licensor for improvements
5. Licensor reserves the right to license
ln, onr under and along the premises provided
unreasonably with facilities herein authorized.
prior licenses, easements or
of other parties.
others to install improvements
that same sha11 not interfere
6. Lieensee shall- notify in writing Licensor's Transmission Lines
Manager, P.O. Box 840, Denvi:, Colorado, 80201, or,by phone at 273-4686, at
least four (4) days prior to the be,''nning of any construction of the
facillties in order that a representaf:: e may be present during such work.
Directions given by such t:epiesentative --elating to the saf ety of Licensort s
structures shall- be fo11owed.
7, Licensor intends to use the p::criises for all :)urPoses connected \,rith
el-ectric transmlssion and distribution 1ines, and that the rights hereln
granted to Ehe Licensee for che use of the premises are subjecE to tire righis
of Licensor to use the premises for such purposes, which rights Licensor
hereby expressly reserves.
8. Licensee shalL indemnify anC save and hold harmless the Licensor
against all claims and liability for ciar,ages, loss or expense caused by any
injury or deat.h to any person or damage to lrroperty if the same sha11 in any
way be connected with or result from the use of the said premises by Licensee,
unless caused by the sole negligence cf Licensor or its agents.
9. In the event that Licensee's use of premises should, in the sole
Judgment of Llcensor, lnterfere with Lrcensor's use of premises or constitute
a hazard to Licensorrs struct'rres or f1'e general public, Licensor tnay require
iuunediate relocation or modification ^f Licensee's facilities to eliminate
such interference or hazard and marr suspend Licenseers right to use the
premises under this ll.cense until. such relocation or modificatlon is
completed
l0.UponabandonmentoftheuSeofthepremisesbyLicensee,orthe
vlolation of any of the covenants hereof, the permission and rlght herein
granted shall terminate. uporr |;ninatlon, Licensee sha1l remove its
f acillties f rom premises. If !isgil .-"r',': should f ai1 to remove its f acillties '
Licensor *.y ."roo.'e sald facllities : the expense of Licensee'
11. It is understood and agre{l that Licensee has been fu11y advised by
Licensor that the electric conducto:'-; on the electrlc lines' which are on the
premises, or which may be lns-t-alleC in the future, transmit or will transmit
electric "r]r."ra ,rp ; 230,ObO vo1r.; or more and that the conductors on the
eLectric lines are not insuLated. 1.''''censee shalI advise all 1ts employees '
agents, contractors and other Per. rn who enter uPon the premises of the
dangers invoLved.
12. Licensee sha1l not assign Ehe Llcense nor any rights hereunder
s7-lthout the prlor written consent of Licensor. Any assignment without such
consent shall in no way be blnding rr;;on Licensor and sha]l give Licensor the
option to terminate thls License. Subject to the foregoing restrictions' thjs
Llcense shall inure to the benefit of and be binding uPon the successors and
assigns of the Parttes hereto'
IN WITNESS WHEREOT', this Agreement has been executed the day and year
first abot'e written
ATTEST:PUBLIC SERVICE COMPANY OF COLORADO
By:
Secretary Vice President
Accepterl trris /4 aaY otpg>' L
O'--r90-J--.
STRUCTION,
D,,.DJ .
Title::ec::etary
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86-122
JOHN HUEBINGER fl& Pubtic service*
Public Service ComoanY ol Colorado
icntr, t"= 5O'L IN5:
CAMEO- HOPKINSNEr/4
SIXTH
SECI ION t
PRINCIPAL MERIDIAN
fY.Y-I IMTNT
IO#I.ISHIP 7 SOUTH
GARFIELD
too t3 I
RANGE 89 V{LS I
COUNIY,COTORADO
AGENT PETRACEK
,*o*51 gY: JK
DATE:l-28-87
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