HomeMy WebLinkAboutOwnership7L/J'FJ IU/JUJLU I IL.LU.JU r'IVI rdy.0 I UI 0
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 941 15
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, Tying 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 IIAVE 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 § 38-30-113(5)(a), C.R.S. and attached hereto as Exhibit "B".
yL / J'+.) I V/JINL0 1 tJ IL .ZU.OU r'IVI rdye L 01
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 g, 2019.
Dixon Water Foundation, a ex s nonprofit corporation
By:
Robert Potts, President
STATE OF I(71`1•6
)
) ss.
COUNTY OF ,
The foregoing instrument was acknowledged before me on October
Foundation, a Texas nonprofit corporation.
WITNESS my hand and official seal
ANA GLORIA CERVANTES
Notary ID # 126401865
My Commission Expires
February 5, 2020
Commonwealth File No. 1908108-2
Return to:
Silt Farms, LLC, a Colorado limited liability company
2000 Broadway St., Apartment 203
SAN FRANCISCO, CA 94115
, 2019, by Robert Potts. President of Dixon Water
( ))( 11,41
Notary 151koto a i'L41/3.
VZ / U'FJ I U/JU/LU I y I L.LJ.JU r'IVI r -dye J 01 0
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 CLERK AND RECORDER'S RECORDS:
A PARCEL OF LAND SITUATE IN SECTIONS 10, 11, 14 AND 15, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH
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 S00°37'28"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 S41°10'21 "E 215.14 FEET; THENCE S37°35'36"E
155.36 FEET; THENCE S27°50'02"E 156.45 FEET; S2 J °00'44"E 344.80 FEET; THENCE S06°57'20"E 290.13 FEET; THENCE
S00°36'19"E 204.25 FEET; THENCE S08°56'58"E 255.43 FEET; THENCE S12°28'16"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 N37°57'33"W 838.48 FEET TO A POINT ON
THE NORTH LINE OF AMENDED LOTS 7 & 8, MINEOTA RIDGE ESTATES, FILING NO. 2. RECEPTION NO. 486243;
THENCE ALONG SAID AMENDED LOTS 7 & 8 THE FOLLOWING FOUR (4) COURSES:
I.) N52°07'26"W 520.19 FEET
2.) N46°07'13"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 S31°58'09"W 265.00 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY N00°25'45"W 1 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 RIGI-IT-OF-WAY THE FOLLOWING FOUR (4) COURSES:
I.) N31 °57'25"E 171.33 FEET
2.) N31 °36'09"E 770.80 FEET
3.) N31 °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 N89°21'41 "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 NO3°39'37"E 542.89
FEET; THENCE DEPARTING SAID EAST LINE N80°42'48"E 151.24 FEET; THENCE N75°41'18"E 191.98 FEET: THENCE
N70°27'39"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 509°58121"E 39.80 FEET; TIIENCE N82°43'54"E 510.84 FEET; THENCE N77°38'07"E 95.54 FEET; THENCE
N88°57'40"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
S81°23'34"W 507.93 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S81°59'22"\'V 327.37 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE S82°22'09"W 696.56 FEET;
THENCE DEPARTING SAID CENTERLINE S02°27'30"E 176.62 FEET; THENCE S00°24133"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 therefrom that might
be produce in or under the described lands, Including the rights therewith to enter upon said property, explore and remove all such oil,
gas, 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
UL/J'+J IV/JVILV IIL.LJ.JV rivi rely C'-1 01 0
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 he 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 Slates, as
reserved in United States Patent recorded March 9, 2015 in Book Patent Number 46178 1 not recorded in Garfield County, April
13, 1892 in Book 12 at Page 134. May 13. 1902 in Hook 56 at Pnec 452, January 14, 1908 in Book 73 at Pace 4. July 19. 1905 as
Reception No. 30920, September I. 1908 as Reception No 35676, September 3. 1892 as Reettion No. 14502.
Reservation of one-half of all. oil, gas and other minerals as described in instrument recorded March 7. 1952 in Bonk 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 Pan 67 and any and all assignments thereof or interests therein.
Reservation of an undivided one-half interest in all oil, gas and other minerals and mineral rights as described in insiruntent
recorded April 17, 1964 in Book 357 al 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 McFarland Dixon, deceased and Antero
Resources Corporation recorded June 2, 2006 in Book 1806 at Pau. 248.
Conveyance of the Exclusive rights in the oil, gas and other mineral estate to the Dixon Water Foundation as described in
instrument recorded January 28, 2008 as Reception No. 741916 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 of the center thread, bank; channel or (low ol'waters 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 localing 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 Reception No. 731092 and First Amendment recorded August 17. 2007 as Reception No. 731093,
Second Amendment recorded August 5. 2008 as Reception No, 753643. Fourth Amendment recorded November 4. 2011 as
Reeeption No. 810334, Fifth Amendment recorded May 17, 2012 as Reception No. 81$840. 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°/o 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 ot'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 casement conveyed to I-Ioly Cross Electric Association in instrument recorded July 6, 1972 in Book 432 at Nee 554.
Terms and conditions of easement contract recorded March 22. 1994 in Bonk 296 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 Palle 20 and May 14, 1996 in Book 978 at Palle 76.
Exhibit "13" page 1 of 3
7L/J'1•J IU/JUILU I IL.LJ.JU riv! rely.e :J UI 0
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 fee or by easement) for County Road No. 3II,
Reservation of an undivided one-half interest in all oil. gas and other minerals and mineral rights as described m 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 Paee 949.
Book 1456 fate 961, and Book 1456 Page 973 to the extent said easements affect 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 Pagc 630 as amended by instrument recorded April 24. 2006 in Book 1792 at
Page 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 January 11_ 2007 in Hook 1883
at Page 463 as amended in instrument recorded January 29. 2007 in Book 1889 at Page 486.
Conveyance of the the oil, gas and other mineral estate to the Dixon Water 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. 741915 and any 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 Farris. 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 Januar- 4, 2010 as ReceptionNo.
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 Hook 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 Pala: 255 and any
and all assignments thereof or interests therein.
Underground right of way and casement granted to Holy Cross Electric Association Inc in instrument recorcicd .luly 6. 1972 in
Book 432 at Page 555 and April 4, 1980 in Book 546 at Paec 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 Parte 906.
Terms of cooperative agreement for damage prevention fencing recorded April 7. 1993 in Bonk 858 at Pace 896.
Right away easement granted to U.S. West Communications, Inc. in instrument recorded January 18. 1994 in Bonk 8911 at Pace
146.
E labii "B" page 2 of 3
File No. 1908108-2
WL I J'FJ 1 V/JWLV 1 1 V VI 0
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 Book 1133 at Pazc 936 and June
8, 1999 in Bonk 1133 at Pan 942 and Jurie 8. 1999 in 13ook 1 133 at Paee 955.
Easement and right of way agreement granted to Antero Resources Corporation in instrument recorded August 10. 2006 in Book
1830 at Paec 866.
Terms and conditions of Road and 13ridgc right to enter and construction agreement recorded July 16, 2013 as Reception No.
838006.
Easement granted to Public Service Company of Colorado in instrument recorded February 13. 1967 as Recen#ion No. 237084.
Possessory rights outside of fence, encroachment of fence onto adjoining property, apparent easement for overhead utilities, ditch
and all matters shown on Improvement Survey Plat prepared by Bookcliff Survey Services Inc. dated October 23, 2019. Project
No. 19109-01.
ExhR,fi „a„ page 3 or 3
D3XCi 1 'wAr £R Fouts ATiONi
October ` , 2019
Gia' ieki (.runty Community DCveloprrtz>t1F
uuthr!:ng [)apartment
} Cr8 Sty' Street, Ste 401
Glenwood Spr ingi, CO 81601
RE, Authorization for Buil is?„ Permits
To Whom It May Concern:
Dixon Wat+:4r Foundation has entered into a Contract to seat approxirm to ly 250 acre% of
its tarp in G4efre ld .County to Silt Farms, LLC. The and in gumboil r, 4h.”oC'rnbi d ori Exhibit A.
gilt Farm, 1 l C intends. to construct a greenhouse on the Proprrry and lease it to Spring Born,
Inc. By this letter, Dixon Water- Foundation authoritc % Stir F'arnt. , 1 t c. or Sprint; Borst, Int.,
their omnr, . Charles gilt, and their rontractopi, r:srtiaclinp Musick -Built Ltd., to apply for and
process appaica€lues fQr perroit4 and Other County permits that may be required in
connection, with construction of a greenhouse and related structures on the Property.
Very truly Vtn,rrN,
r�
Ehxoir- ,ater Fouhdtic+r?
,
PUBLIC NOTICE
LEGAL NOTICE: A PETITION FOR THE
ADOPTION OF THE MINOR CHILD DRACE
KOLE JOSEPH ROBERTS HAS BEEN FILED
IN THE DISTRICT COURT OF CHAUTAUQUA
COUNTY, KANSAS AND FINAL HEARING ON
THE PETITION IS SET FOR DECEMBER 23,
2019 AT 9:00 A.M. IN SEDAN, KANSAS.
Published in the Glenwood Post Independent on
November 27, 2019 and December 4 and 11,
2019. 0000515748
Classified ad
placement
at anytime
- ONLINE!
DEPARTMENT OF AGRICULTURE
Colorado market. This system yields eight times
the per acre production and reduces water use by
75 percent over traditional farming. A connected
pre -fabricated meta] building provides space for
processing and storage. Heat will be provided via a
natural gas system.
Rural Development
Spring Born, Inc. and Silt Farms, LLC: Notice of
Availability of an Environmental Assessment
AGENCY: Rural Development, USDA
ACTION: Notice of Availability of an Environmental
Assessment
SUMMARY: Notice is hereby given that the USDA,
Rural Development (USDA -RD) as required by the
National Environmental Policy Act, is issuing an
environmental assessment (EA) in connection with
possible impacts related to a project proposed
by Spring Born, Inc. and Silt Farms, LLC, of Silt,
CO. The proposal is for construction of a 2.6 -acre
hydroponic greenhouse in Silt, CO. Spring Bom,
Inc. has submitted an application to USDA -RD for
funding of the proposal.
FOR FURTHER INFORMATION CONTACT: Jeki
Polich, B&CP Loan Specialist, 628 West 5th Street,
Cortez, CO 81321, (970)529.8369, jakl.poltch@
co.usda.gov
SUPPLEMENTARY INFORMATION: The overall
purpose of the Project Is to build, own, and operate Questions and comments should be sent to
an automated hydroponic greenhouse on a portion USDA -RD at the address provided. USDA -RD will
of the property formerly known as Still Water accept questions and comments on the environ -
Ranch. There will be two structures on the site; a mental assessment for 15 days from the date of
2.6 -acre greenhouse and a 0.9 -acre warehouse/ publication of this notice.
processing facility. Both structures utilize local nat- Any final action by FIBS related to the proposed
The greenhouse and infrastructure site are located
at the northwest corner of the 254.759 -acre
property. The majority of the property Is currently
hay meadow and grazing land. The property is
currently zoned "A -Agriculture" and the proposed
improvements are allowed under the current zoning.
Total proposed area of disturbance is 14 -acres.
True North Consultants, an environmental consul-
tant, prepared an environmental assessment for '
USDA -RD that describes the project, assesses the
proposed projects environmental Impacts, and
summarizes as applicable any mitigation measures
used to minimize environmental effects. USDA -RD
has conducted an independent evaluation of the
environmental assessment and believes that It
accurately assesses the impacts of the proposed
project. No significant impacts are expected as a
result of the construction of the project.
ural gas and grid electricity. The project is located
at 584 County Road 331, Silt, CO 81652
The 113,400 -square -foot greenhouse is comprised
of nine connected bays; all of which are dedicated
hydroponic growing systems using Nutrient Film
Technology growing channels that will produce
leafy greens and culinary herbs to be sold Into the
project will be subject to, and contingent upon,
compliance with all relevant Federal environmental
laws and regulations and completion of environ-
mental review procedures as prescribed by 7 CFR
Part 1970, Environmental Policies and Procedures.
A general location map of the proposal Is shown
below.
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