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HomeMy WebLinkAbout1.3 General Warranty Deed838027 07/16/2013 11:40:25 AM Page 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $89.50 eRecorded RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Waas Campbell Rivera Johnson & Velasquez LLP Attn: Cheryl A. Velasquez, Fsq. 420 E. Main St., Ste. 210 Aspen, CO 81611 SPACE ABOVE THIS LINE FOR RECORDER'S USE GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is dated as of July 15, 2013, between MICHAEL S. LUCIANO, an individual, and MARY S. LUCIANO, an individual, whose address is 166 Swinging Bridge Lane, Basalt, Colorado, 81621 (collectively, "Grantors"), and THE JAMIE KNIGHT SUMA PROPERTY TRUST, whose address is 520 E. Cooper Avenue, Aspen, Colorado, 81611 ("Grantee"). WITNESSETH, that .Grantors, 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, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, all of the following described real property in the County of Garfield, State of Colorado, together with all rights, privileges and easements appurtenant thereto and all improvements located thereon (collectively, the "Property"): LOT 9, ST. FINNBAR FARM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 9, 2001 AS RECEPTION NO. 574731, COUNTY OF GARFWPWILD, STATE OF COLORADO, 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 all the estate, right, title, interest, claim and demand whatsoever, of Grantors, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property unto Grantee, its heirs, successors and assigns forever. AND Grantors, for themselves, and their successors and assigns, covenant and agree that they shall and will WARRANT AND•FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its heirs, successors and assigns against all and every person or persons who lawfully claims the Property or any part thereof, subject to the matters set forth on Exhibit A attached hereto and made a part hereof. {A0025859/3 } 838027 07/16/2013 11:40:25 AM Page 2 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $89.50 eRecorded IN WITNESS WHEREOF, Grantors have executed this General Warranty Deed as of the day and year first written above. individual STATE OF COLORADO COUNTY OF Gt. tr` / ) ss: The foregoing instrument was acknowledged before me this /5- day of July, 2013, by Michael S. Luciano, an individual. Witness my hand and official seal. My enmmi`T.114U-04iffir-P© REBECCA WESTPHAL NOTARY PUBLIC STATE OF COLORADO NcIrARY ID 20064039535 #ky CWtwni00100 EOM 00pl9ribmr 28, 2014 STATE OF COLORADO '1 f� COUNTY OF r G� {� ) ) ss: Notary Publici�� The foregoing instrument was acknowledged before me this /5 day of July, 2013, by Mary S. Luciano, an individual. Witness my hand and official seal. My commission expires: REBECCA WESTPHAL NOTARY PUBLIC STATE OF COLORADO NOTAPAY IIS 20004030030 My 00M11111181611 0020 ►t+mbet20,2014 Notaryilic {A0025859 / 3) 2 838027 07/16/2013 11:40:25 AM Page 3 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $89.50 eRecorded EXHIBIT A TO SPECIAL WARRANTY DEED PERMITTED EXCEPTIONS 1. TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS, A LIEN NOT YET DUE OR PAYABLE. 2. RIGHTS OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD TIME SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN THE UNITED STATES PATENT RECORDED FEBRUARY 19, 1915 IN BOOK 71 A1' PAGE 603, RECORDED AUGUST 11, 1894 IN BOOK 12 AT PAGE 333 AND RECORDED JUNE 24, 1895 TN BOOK 12 AT PAGE 368, 1 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UN11ED STATES PATENT RECORDED AUGUST 11, 1894, IN BOOK 12 AT PAGE 333 AND RECORDED JUNE 24, 1895 TN BOOK 12 AT PAGE 368. EASEMENT'S AND RIGHTS OF WAY FOR PIPELINE PURPOSES AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 236. 5. EASEMENTS AND RIGHTS OF WAY GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION INC. IN INSTRUMENT RECORDED SEPTEMBER 17, 1984 IN BOOK 656 AT PAGE 856. 6. RESTRICTIVE COVENANTS AS CONTAINED IN INSTRUMENT RECORDED APRIL07, 1969, IN BOOK 401 AT PAGE 28. 7, TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED TN INSTRUMENT RECORDED OCTOBER 22, 1986 IN BOOK 697 AT PAGE 616. 8. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 92-083 RECORDED AUGUST 21, 1992 IN BOOK 839 AT PAGE 882. 9. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-85 RECORDED SEPTEMBER 23, 1998 IN BOOK 1089 AT PAGE 908. 10. TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN SEWER SERVICE AGREEMENT RECORDED AUGUST 19, 1999 IN BOOK 1146 AT PAGE 195, FIRST AMENDMENT RECORDED JANUARY 23, 2006 IN BOOK 1766 AT PAGE 220. 11. TERMS, CONDITIONS AND PROVISIONS OF SEWER CONNECTING MAIN AGREEMENT RECORDED OCTOBER 04, 1999 IN BOOK 1 153 AT PAGE 666. {A0025859 / 3 } A-1 838027 07/16/2013 11:40:25 AM Page 4 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $89.50 eRecorded 12. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-110 RECORDED OCTOBER 18, 1999 1N BOOK 1155 AT PAGE 796. 13. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE TN THE. RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, O1' THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; ANI) ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR THE PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 14. EASEMENTS AND RIGHTS OF WAY FOR THE UNINTERRUPTED FLOW OF BLUE CREEK ANT) TIIE ROARING FORK RIVER. 15. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY AND EASEMENT RECORDED JULY 06, 2000 IN BOOK 1196 AT PAGE 453. 16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 22, 2000 IN BOOT{ 1203 AT PAGE 76. 17. TERMS, CONDITIONS AND PROVISIONS OF FISHING EASEMENT RECORDED JANUARY 09, 2001 IN BOOK 1226 AT PAGE 323. 18. TERMS, CONDITIONS AND PROVISIONS OF FISHING EASEMENT RECORDED JANUARY 9, 2001 IN BOOK 1226 AT PAGE 326. 19. RIGHTS OF WAY, EASEMENTS, NOTES AND OTHER MATITERS AS SET FORTH ON THE PLAT RECORDED JANUARY 9, 2001 AS RECEPTION NO. 574731. 20. RESTRICTIVE COVENANTS AS CONTAINED IN INSTRUMENT RECORDF.I) JANUARY 09, 2001, IN BOOK 1226 AT PAGE 345 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 26, 2006, IN BOOK 1857 AT PAGE 115. 21. TERMS, CONDITIONS AND PROVISIONS OF RELEASE OF RIGHT OF WAY EASEMENT RECORDED DECEMBER 13, 2000 IN BOOK 1222 AT PAGE 156. • 22. TERMS, CONDITIONS, AND PROVISIONS OF MODIFICATION AGREEMENT AND GRANT OF EASEMENT RECORDED MAY 29, 2007 AT RECEPTION NO. 724360. 23, TERMS, CONDITIONS AND PROVISIONS OF STATEMENT OF ELCTION RECORDED JULY 14, 2010 AT RECEPTION NO. 788568. 24. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CHANGE PERMIT RECORDED AUGUST 01, 2012 AT RECEPTION NO. 822082. {A0025859/3 } A-2