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9. Mineral Rights
ADDRESS SEARCH FOR MINERAL RIGHTS OWNER ON ASSESSOR'S OFFICE WEBSITE (Address of record on neighboring property still retained in ownership by Gene R. Hilton) Garfield County Assessor Data Site J!m Ysllco. 109 81h Street. Suits 207, Glenwood Springs co. moot (P) 970.945.91341 (F) 970.945 39531 (E) jyelimGgar6eld•counly.eom Account Information Account: R017240 Parcel: 218123300174 Owner Nene. HILTON. GENE R & MARYJ Owner Address 2102 W ARAPAHOE DRIVE, LITTLETON, CO, 80120 Property Address 3784 312 COUNTY RQ, NEW CASTLE Lepel: Section: 23 Township, B Renee 91 NWSW Tex Ares: 017 Subdivision: BOOKU YUO ?API° 00 RECORDED, /.4/.2 O'CLCCKP.M. R?C L 465605 JUL 08 1994 • JUL 00 1994 MU.DRiO ALSJORF, L.ARFIELD C]UNTY 6LRK GARFIELD State Doc. Fee WARRANTY DEED $ /5.00 GENE R. HILTON, ("Grantor"), of the County of Arapahoe and State of Colorado, for the consideration of Ten Dollars and other valuable consideration, in hand paid, hereby sells and conveys to Mark A. Fischer and Cheryl A. Fischer ("Grantee"), whose address is 4786 312 Road, New Castle, Colorado, certain real property situate in the County of Garfield and State of Colorado, More particularly described as: NW114NW114 of Section 25, Township 6 South, Range 91 West of the 6th RM. (hereinafter referred to as the "Conveyed Land"); AND TOGETHER WITH all appurtenances to the Conveyed Land and the rents, issues and profits -thereof; EXCEPTING AND RESERVING to Grantor, Gene R. Hilton, the water and water rights 'associated with the Murray and Yule Ditch, the Cooley No. 2 Ditch and the Joe Taylor Ditch,together with ditches and ditch rights, and other structures appurtenant to or used in connection with said water rights. (the "Reserved Water Rights"); AND EXCEPTING AND RESERVING to Grantor, Gene R. Hilton, his 'heirs and assigns, the rights to 'all of the oil, gas and. other minerals and under, and that may be produced from, the Conveyed Lands, (the "Retained Minerals"),, together with rights of ingress and egress, for exploration, production and removal of oil, gas and other hydrocarbons and minerals as are reasonably necessary.to the successful exploitation of said mineral interest; provided that Grantor, Gene R. Hilton, for himself, his heirs and assigns,, covenants to reclaim any disturbance to .the surface of the Conveyed Land resulting from exploitation of the Retained Miner als as required by' federal, state and local law; AND FURTHER EXCEPTING AND RESERVING to Grantor, `Gene R. Hilton, easements for use in connection with the Reserved Water Rights as follows: (1) an easement for roadway and pipeline purposes to the Joe Taylor headgate and to the Cooley No. 2 headgate; (2) an easement for a reasonable work area, not to be greater than one hundred (100) feet by one hundred (100) feet around each headgate; The foregoing easements shall not be used for any purpose other than access to the headgates and to measuring devices and to the pipeline for maintenance and administration purposes. The exact location and dimensions of the easements described in (1) and (2) shall be as the same were marked on the ground as of July 3, 1981. By acceptance of this deed, Grantees, for theirselves, their successors and assigns, covenant that they shall not irrigate with water from sources tributary to the Garfield -Baldy Creek -Colorado River system any of the lands historically irrigated by Grantor without first obtaining a court decree approving same or by leasing or purchasing water rights historically used in irrigation of the Conveyed Land. By acceptance of this deed, Grantees, for theirselves, their successors and assigns covenant that; (1) that the Property shall not be subdivided into more than two separate single family parcels, (2) that the Conveyed Lands shall be fenced in order to contain Aor f1/ Nev 6.44.6 ,F147 e 140908Pm-A 188 livestock, if any, on said Property. (3) that the Conveyed Lands shall be restricted by providing for dog control (by restricting dogs to premises of the property owners or under leash control at all other times) within the protective covenants or other ordinances governing the subdivision of such Property. The foregoing restrictive covenants on the Property shall be and remain In effect for an initial period of thirty (30) years from the date of the deed and shall automatically be renewed for an additional thirty year term unless, prior to expiration of the initial thirty-year term, the Grantors and Grantees, or ail their respective heirs, successors and assigns to the Conveyed Land described in deed recorded in Book 576 at Page 133 of the records of the Clerk and Recorded of Garfield County, Colorado, shall: (1) Unanimously agree to amend, modify or terminate the restrictive covenants, and (2) Place of record such amendment, modification, or termination, signed by Grantors and Grantee or all of their respective heirs, successors and assigns. Automatic renewal of the restrictive covenants shall occur, in the same manner as just described, for successive thirty-year periods unless such restrictive covenants are amended, modified, or terminated as provided above. The within conveyance is subject to the exceptions, res'`"ervations, and easements set forth in Exhibit "A" attached hereto and incorporated by this reference (the "Permitted Exceptions") to the Tien for 1994 general taxes and to the easements and reservations set forth above and to a restriction that Grantees, their successors or assigns, in the event of development of the Conveyed Lands, shall provide for dog control (by restricting .dogs to premises of the property owner and under leash control at all other time). within the warranty deeds, protective covenants or other ordinances governing the subdivision of the Conveyed: Lands. Grantor warrants title to the Conveyed Land subject to the Permitted Exceptions and the described liens for 1994 taxes, easements, and reservations. EXECUTED THIS 8TH DAY OF JULY 94 GENE . L ON STATE OF COLORADO ) SS COUNTY OF GARFIELD ) The foregoing Instrument was acknowledged before me this 8th day of July, 1994, by Gene R. Hilton. WITNESS my hand and official seal. SEAL • My Commission expires io- 3 -95f Brnix0908189 EXHIBIT "A" PERMITTED EXCEPTIONS 1. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 2. Any unpaid taxes or assessments against said land. 3. Liens for unpaid water and sewer charges, if any. 4. Reservations and exceptions in the United States Patent in Book 12 at Page 490 including the right of the proprietor of a vein or lode to extract and remove his ore and subject to a right of way for ditches or canals constructed by the authority of the United States. 5. Mineral reservation in Book 361 at Page 373. 6. Rights of way, easements and restrictions in Book 576 at Page 131. 7. Oil and Gas Lease in Book 582 at Page 706. 8. Right of way and easement for the continuous flow of Baldy Creek. 9. Any Toss or damage due to limited and private ingress and egress to the subject property across adjacent parcels and subject to the terms, conditions, exactness and stipulations of the ingress and egress. 10. Exceptions, reservations, agreements, ingress and egress, easements, covenants, arrangements, provisions, exclusions and advisories contained in Contract dated July 8, 1994. 11. Rights or claims of parties in possession not shown by the public records; easements or claims of easements, not shown by the public records; discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records and all existing roads, driveways, ditches, canals, utilities, utility lines, pipelines, power lines, telephone lines, water lines and sewer lines, as same may cross subject property, and rights of way and easements, therefor, whether of record or not of record. All recorded covenants, conditions, restrictions, leases, mineral reservations, and mineral leases, if any. All recorded rights of way and easements, including for roads, highways, ditches, creeks, canals, reservoirs, utilities, drainage, pipelines, railroads, avigations and agreements. Any and all water, water rights, water stock, ditches, laterals, ditch rights and ditch stock or claims or title to water, water rights, water stock, ditches, laterals, ditch rights, and ditch stock for water in, on across or under the land. Also any and all water wells and/or well permits. Garfield County Assessor Data Site Jim YeIIIco, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1(F) 970.945.39531 (E) jyellico©garfield-county.com Account Information Account: R017240 Parcel: 218123300174 Owner Name: HILTON, GENE R & MARY J Owner Address: 2102 W ARAPAHOE DRIVE, LITTLETON, CO, 80120 Property Address: 3764 312 COUNTY RD, NEW CASTLE Legal: Section: 23 Township: 6 Range: 91 NWSW Tax Area: 017 Subdivision: Taxable Values History Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2016 144,000 173,030 317,030 11,460 13,770 25,230 2015 144,000 173,030 317,030 11,460 13,770 25,230 2014 138,000 142,250 280,250 10,980 11,320 22,300 Property Details Model Attribute Name Attribute Value LAND O ABSTRACT CODE SINGLE FAM.RES: LAND AREA ACRES 40 AREA SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG AG