HomeMy WebLinkAboutSpecial Warranty Deed927543 10/30/2019 12:25:30 PM Page 1 of 6
Jean Alberico, Garfield County, Colorado
Rec Fee: $38.00 Doc Fee: $150.00 eRecorded
SPECIAL WARRANTY DEED
THIS DEED, made on October 30, 2019
between Dixon Water Foundation, a Texas nonprofit corporation
of the County of PRESIDIO, and State of TX, grantor(s), and
Silt Farms, LLC, a Colorado limited liability company
whose legal address is : 2000 Broadway St.. Apartment 203, SAN FRANCISCO. CA 94115
of the County of SAN FRANCISCO, and State of CA, grantee:
WITNESS, that the grantor(s), For and in consideration of the sum of ten dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant,
bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, all the real property, together with improvements, if
any, situate, lying and being in the County of Garfield and State of Colorado described as follows:
See Attached Exhibit "A"
also known by street and number as: TBD County Road 331, Silt, CO 81652
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor(s), 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 the grantees, their heirs
and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and
agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof; by,
through or under the grantor(s); excepting from the grantor's warranty, general taxes and assessments for the year 2019 and subsequent
years; and "subject to statutory exceptions" as defined in § 38-30-1 13(5)(a), C.R.S. and attached hereto as Exhibit "B".
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Jean Alberico, Garfield County, Colorado
Rec Fee- $38.00 Doc Fee- $150.00 eRecorded
IN WITNESS WHEREOF, the grantor(s) have executed this deed on October 2 ;S, 2019.
Dixon Water Foundation, aex s nonprofit corporation
x By:
Robert Potts, President
STATE OF
ss.
COUNTY OF (, )
n
The foregoing instrument was acknowledged before me on October , 20197 by Robert Potts, President of Dixon Water
Foundation, a Texas nonprofit corporation.
WITNESS my hand and official seal
�Ot PRY PLe(i
c ANA GLORIA CERVANTES
Notary ID # 126401865
My Commission Expires
J4 rE oc t {
February 5, 2020 I
sE+�y
Commonwealth File No. 1908108-2
Return to:
Silt Fanns, LLC, a Colorado limited liability company
2000 Broadway St., Apartment 203
SAN FRANCISCO, CA 94115
Notary'P06' -61ic
r i �
927543 10/30/2019 12:25:30 PM Page 3 of 6
Jean Alberico, Garfield County, Colorado
Rec Fee: $38.00 Doc Fee: $150.00 eRecorded
File No. 1908108-2
EXHIBIT "A"
A PORTION OF THE PARCEL OF LAND DESCRIBED AS "EXHIBIT C" IN RECEPTION NO. 792600 OF THE GARFIELD
COUNTY CLERIC AND RECORDER'S RECORDS:
A PARCEL OF LAND SITUATE IN SECTIONS 10, 1 I, 14 AND 15, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TF1
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS HEREIN RELATIVE TO A
BEARING OF N89°21'41"E ALONG THE SOUTH LINE OF SAID SECTION 10 BETWEEN THE SOUTHWEST CORNER OF
SAID SECTION 10. WHENCE A FOUND 17.0' WITNESS CORNER SANDSTONE ROCK MONUMENT BEARS S00037,28 "E
17.00' AND THE SOUTHEAST CORNER OF SAID SECTION 10, A FOUND 3-1/4" GARFIELD COUNTY BRASS CAP ON 6"
PIPE, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID SOUTHEAST CORNER OF SECTION 10; THENCE S4]'1021 "E 215.14 FEET; THENCE S37°35'36"E
155.36 FEET; THENCE S27°50'02"E 156.45 FEET; S21 °00'44"E 344.80 FEET; THENCE S06°57'20"E 290.13 FEET; THENCE
S009619"E 204.25 FEET; THENCE S08056'58"E 255.43 FEET; THENCE S12028'16"W 356.51 FEET; THENCE S46°48'10"W
296.22 FEET; THENCE S28°10'56"W 830.44 FEET: TO A POINT ON THE NORTH LINE OF MINEOTA RIDGE ESTATES,
FILING NO. 2, RECEPTION NO. 255379; THENCE ALONG SAID NORTH LINE N37057'33"W 838.48 FEET TO A POINT ON
THE NORTH LINE OF AMENDED LOTS 7 & 8, MINEOTA RIDGE ESTATES, FILING NO. 2, RECEPTION NO. =186243;
THENCE ALONG SAID AMENDED LOTS 7 & 8 THE FOLLOWING FOUR (4) COURSES:
1.) N52°07'26"W 520.19 FEET
2.) N46007'13"W 310.14 FEET
3.) N65°55'48"W 154.28 FEET
4.) N38°20'23"W 8.05 FEET;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID MINEOTA RIDGE ESTATE, FILING 2 THE FOLLOWING
FOUR (4) COURSES:
1.) N66°30'39"W 835.52 FEET
2.) S82°40'12"W 998.62 FEET
3.) S59°20'42"W 1388.77 FEET
4.) N60°50'38"W 808.15 FEET
TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 331; THENCE ALONG SAID EASTERLY
RIGHT-OF-WAY S31058'09"W 265.00 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY N00°25'45"W l 1 1.10
FEET TO A POINT ON THE EAST LINE OF DIXON WATER FOUNDATION SUBDIVISION NO. 1, RECORDED AS
RECEPTION NO. 785066, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY
ROAD NO. 331, THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING FOUR (4) COURSES:
1.) N31 °57'25"E 171.33 FEET
2.) N31 °36'09"E 770.80 FEET
3.) N3 1-03'27"E 937.85 FEET
4.) N37°47'13"E 98.72 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 10; THENCE ALONG SAID SOUTH
LINE N8902P41"E 1964.17 FEET TO A POINT ON THE EAST LINE OF LOT 2, SCHWABE SUBDIVISION EXEMPTION,
RECEPTION NO. 854016; THENCE DEPARTING SAID SOUTH LINE AND ALONG SAID EAST LINE N0399'37E 542.89
FEET; THENCE DEPARTING SAID EAST LINE N80°42'48"E 151.24 FEET; THENCE N75°41'18"E 191.98 FEET: THENCE
N70027'39"E 206.82 FEET; THENCE N64°11'28"E 47.44 FEET; THENCE N72°04'10"E 251.29 FEET: THENCE N68°12'45"E
107.32 FEET; THENCE N73°43'34"E 42.22 FEET; THENCE N63°57'05"E 93.27 FEET; THENCE N61°09'12"E 79.49 FEET;
THENCE S09°58'21 "E 39.80 FEET; THENCE N82043'54"E 510.84 FEET; THENCE N77'38'07"E 95.54 FEET; THENCE
N88057'40"E 793.42 FEET; THENCE N83°13'23"E 1219.19 FEET; THENCE S03°28'05"E 359.45 FEET TO A POINT ON THE
CENTERLINE OF COUNTY ROAD NO. 311 AS CONSTRUCTED AND IN PLACE; THENCE ALONG SAID CENTERLINE
S81023'34"W 507.93 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S81°59'22"W 327.37 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE S82022'09"W 696.56 FEET;
THENCE DEPARTING SAID CENTERLINE S02027'30"E 176.62 FEET; THENCE S00°24'33"E 341.33 FEET TO THE
SOUTHEAST CORNER OF SAID SECTION 10, THE POINT OF BEGINNING.
Excepting and reserving unto the Grantor, his heirs, successors and assigns, all water injection rights and royalties and mineral
interests, including but not limited to all oil and gas, of whatsoever kind, owned by the Grantor and the royalties therefi•orn that might
be produce in or under the described lands. Including the rights therewith to enter upon said property, explore and reinove all such oil,
,,as, and other hydrocarbons. Grantor will not amend the Surface Use Agreement or enter into a new surface use agreement without the
consent of the owner. Subject to any and all oil and gas facilities and accompanying access routes existing on the Property.
NOTE FOR INFORMATIONAL PURPOSES ONLY: Said parcel contains 253.760 acres more or less
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Jean Alberico, Garfield County, Colorado
Rec Fee: $38.00 Doc Fee: $150.00 eRecorded
File No. 1908108-2
EXHIBIT "B"
Right of the proprietor of a vein or lode to extract and remove his ore therefrom. should the same be found to penetrate or intersect
the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States. as
reserved in United States Patent recorded March 9, 2015 in Boot: Patent Number 461781 not recorded in Garfield County. April
13, 1892 in Book 12 at Paue 134. May 13, 1902 in Book 56 at Pape 452, January 14, 1908 in Book 73 at Page 4, Jul 19. 1905 as
Reception No_ 30920, September L 1908 as Reception No 35676, September 3. 1892 as Reception No. 14502.
Reservation of one-half of all. oil, gas and other minerals as described in instrument recorded March 7, 1952 in Book 263 at Page
313 and any and all assignments thereof or interests therein.
Reservation of an undivided 2/6 of all minerals including oil and gas as described in instrument recorded May 9. 1962 in Book 342
at Page 67 and any and all assignments thereof or interests therein.
Reservation of an undivided one-half interest in all oil, ,as and other minerals and mineral rights as described in instrument
recorded April 17, 1964 in Book 357 at Page 324 and any and all assignments thereof or interests therein.
Terms and conditions of Memorandum of Lease by and between the Estate of Roger McParland Dixon, deceased and Antero
Resources Corporation recorded June 2, 2006 in Book 1806 at Page 248.
Conveyance of the Exclusive rights in tlhe oil, gas and other mineral estate to the Dixon Water Foundation as described in
instrument recorded January 28, 2008 as Reception No. 74 19 16 and any and all assignments thereof or interests therein.
Terms and conditions of Ordinance No. 20 Series 2008 recorded November 17, 2008 as Reception No. 758735 and re-recorded
March 12, 2009 as Reception No. 764572.
Right of way casement granted to U.S. West Communications Inc., a Colorado Corporation in instrument recorded January 18.
1994 in Book 890 at Page 143.
Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than
natural causes, or alteration through accretion, reliction, erosion or avulsion ofthe center thread, bank, channel or now ofwaters in
Dry Hollow Creek lying within subject land: and any, questions as to the location of such center thread, bed, bank or channel as a
legal description monument or marker for purposes of describing or locating subject lands.
Terms, conditions and all matters, including easements, as described and set forth in Surface Use and Development Agreement
recorded August 17, 2007 as Retention No. 731092 and First Amendment recorded August 17, 2007 as Reception No. 73 1093,
Second Amendment recorded August 5. 2008 as Reception No. 753643. Fourth Amendment recorded November 4, 2011 as
Reception No. 810334. Fifth Amendment recorded May 17, 2012 as Reception No. 818840. Sixth Amendment recorded January
20, 2014 as Reception No. 845444 and Seventh Amendment recorded September 10, 2014 as Reception No. 853455.
Reservation of and undivided 2.1305% interest in the oil. gas and other mineral estate as more fully described in instrument
recorded January 28, 2008 as Reception No. 741915 and any and all assignments thereof or interests therein.
Easements and rights of way for existing ditches, laterals and canals.
"Terms and conditions of Assignment and Bill of Sale (right of way assets) recorded .January 14. 2013 as Reception No. 829913.
Terms and conditions of Memorandum of Water Injection Well Lease and Surface Use Agreement recorded January 15, 2015 as
Reception No. 858312. The exact location of which is not defined.
Right of way easement conveyed to Holy Cross Electric Association in instrument recorded July 6, 1972 in Book 432 at Page 554.
Terms and conditions of easement contract recorded March 22. 1994 in Book 896 at Page 396.
Terms and conditions of memorandum of agreement recorded February 16, 1995 in Book 931 at Page 764 and recorded August 3.
1995 in Book 949 at Page 20 and May 14, 1996 in Book 978 at Pape 76.
Exhibit „B,. page I of3
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Jean Alberico, Garfield County, Colorado
Rec Fee: $38.00 Doc Fee: $150.00 eRecorded
File No. 1908108-2
EXHIBIT "B" CONTINUED
Right of way (whether in Ice or by easement) for County Road No. 31 1.
Reservation ol'an undivided one-half interest in all oil. gas and other minerals and mineral rights as described in instrument
recorded February 28, 1956 in Book 291 at Page 439 and any and all assignments thereof or interests therein.
Easements. the exact locations of which are not defined, granted in instruments recorded April 10. 2003 in Book 1456 at Page 949.
Book 1456 Pagc 961, and Book 1456 Pape 973 to the extent said easements aticct the subject parcel.
Terms and conditions of Oil and Gas Lease by and between Valley Farms, Inc.. as Lessor and Antero Resources 11 Corporation, as
Lessee, recorded November 1. 2004 in Book 1635 at Pape 630 as amended by instrument recorded April 24. 2006 in Book 1792 at
Pape 320 and in instrument recorded August 5, 2008 as Reception No. 753643. Amendment and Extension recorded November 22.
2011 as Reception No. 81 1 153 Amended January 20. 2014 as Reception No. 845445, and correction Memorandum of Lease
recorded January 21. 2014 as Reception No. 845475 and any and all interests therein or assignments thereof.
Terms, conditions and all matters set forth in Town of Silt Ordinance No. 14 Series 2006 recorded Januar, 1 I. 2007 in Book 1SS3
at Page 463 as amended in instrument recorded .January 29, 2007 in Book 1889 at Paee 486.
Conveyance of the the oil, gas and other mineral estate to the Dixon Watcr Foundation and the Discovery Foundation and the
Exclusive rights to the oil, gas and other minerals to the Dixon Water Foundation as described in instrument recorded January 28.
2008 as Reception No. 74 19 15 and anv and all assignments thereof or interests therein.
Reservation of and undivided 2.1305% interest in the oil, gas and other mineral estate as more fully described in instrument
recorded .January 28, 2008 as Reception No. 741915 and any and all assignments thereof or interests therein.
Terms, conditions, rights of tenants in possession and all matters set forth in unrecorded Lease to McPherson Farms, LLC for
agricultural purposes as evidenced by instrument recorded July 17, 2008 as Reception No. 752448 and Reception No. 752452.
Terms, conditions and all matters set forth in Garfield County Resolution No. 2009-94 recorded January 4. 2010 as Reception No.
780026.
Terms, conditions and all matters set forth in Garfield County Resolution No. 2009-95 recorded January 4, 2010 as Reception No.
780027.
Easements and rights of way for existing ditches, laterals and canals.
Reservation of the petroleum or other mineral oils in instrument recorded March 27. 1902 as Reception No. 26200 and any and all
assignments thereof or interests therein.
Right of way for watering livestock contained in instrument recorded May 17, 1952 in Book 264 at Page 198.
Reservation of one-half of all the oil. gas and minerals in instrument recorded October 3, 1963 in Book 353 at Pape 255 and any
and all assignments thereof or interests therein.
Underground right of Nvay and casement granted to Holy Cross Electric Association Inc in instrument recorded .July 6, 1972 in
Book 432 at Paee 555 and April 4, 1980 in Book 546 at Pape 412.
Right of way easement granted to Holy Cross Electric Association Inc. in instrument recorded August 23, 2010 as Reception No.
790412.
Terms and conditions of Agreement recorded April 12, 1979 in Book 525 at Paee 906.
Terms of cooperative agreement for damage prevention fencing recorded April 7, 1993 in Book 858 at Pape 896.
Right of way easement granted to U.S. West Communications, Inc. in instrument recorded January 18. 1994 in Book 890 at Paso
146.
Exhibit "13" page 2 of 3
File No. 1908108-2
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Jean Alberico, Garfield County, Colorado
Rec Fee: $38.00 Doc Fee: $150.00 eRecorded
File No. 1908108-2
EXHIBIT "B" CONTINUED
Easement granted to Public Service Company of Colorado in instrument recorded June 8, 1999 in Hook 1 133 at Page 936 and June
8, 1999 in Book 1 133 at Paee 942 and June 8, 1999 in Book 1 133 at Pace 955.
Easement and right ofway agreement granted to Antero Resources Corporation in instrument recorded August 10, 2006 in Book
1830 at Paec 866.
Terms and conditions of Road and Bridge right to enter and construction agreement recorded July 16, 20 13 as Reception No.
838006.
Easement granted to Public Service Company of Colorado in instrument recorded February 13. 1967 as Reception No. 237084.
Possessory rights outside of lence, encroachment of fence onto adjoining property, apparent easement for overhead utilities, ditch
and all matters shown on Improvement Survey Plat prepared by BookelifCSurvey Services Inc. dated October 23, 2019. Project
No. 19109-01.
Eshibii "n" page 3 ora