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4136895 08/26/2015 03:46 PM
<br />Total Pages: 34 Rec Fee: $176.00
<br />Carly Koppes - Clerk and Recorder, Weld County, CO
<br />WHEN RECORDED RETURN TO:
<br />Austin Hamm, Esq.
<br />Hamrc, Rodriguez, Ostrander R. Dingess, P.C.
<br />3600 S. Yosemite St, #500
<br />Denver, CO 80237
<br />SPECIAL WARRANTY DEED
<br />�$ /2F
<br />L.G. EVERIST, INCORPORATED, an Iowa corporation ("Grantor"), for and in
<br />consideration of the sum of ten and No/100 Dollars ($10.00) cash and other good and valuable
<br />consideration*, the receipt and sufficiency of which are hereby acknowledged, paid by CITY OF
<br />AURORA, COLORADO, a Colorado Municipal Corporation of the Counties of Adams,
<br />Arapahoe and Douglas ("Grantee"), whose legal address is 15151 East Alameda Parkway, Suite
<br />3600, Aurora, Colorado 80012, HAS GRANTED, BARGAINED, SOLD and CONVEYED, and
<br />by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee those certain
<br />tracts of land (the "Land") situated in the County of Weld, State of Colorado, and described on
<br />Exhibits "A-1" through "A-6" which are attached hereto and incorporated herein by reference for
<br />all purposes, together with all improvements and fixtures thereon including, without limitation,
<br />any and all low -permeability linings installed on the Land, and together with all right, title and
<br />interest of Grantor, if any, in and to any rights and appurtenances pertaining to the Land
<br />including, without limitation, all right, title and interest of Grantor in and to any adjacent
<br />roadways and easements, benefiting the Land and all recreation rights associated with the Land
<br />(such improvements, fixtures, rights, and appurtenances, together with the Land, being referred
<br />to herein as the "Property")_
<br />*FOR TITLE PURPOSES ONLY. Pursuant to C.R.S. § 39-13-102(2)(a), the total
<br />consideration being paid by Grantee for the granting of this deed is five hundred dollars or
<br />less, resulting in no documentary fee being payable with respect to this conveyance. In
<br />addition, because Grantee is a political subdivision of the State of Colorado, the recording
<br />of this deed is also exempt from any documentary fee pursuant to C.R.S. § 39-13-104(1)(a).
<br />This conveyance is made SUBJECT to the following exceptions and reservations:
<br />1. Excepting the matters set forth on Exhibit B attached hereto and incorporated
<br />herein by this reference for all purposes (including all rights and interests of Grantor arising
<br />under those matters), and;
<br />2. Reserving unto Grantor all rights to withdraw and use, including the right to
<br />perfect the right to withdraw and use, any non -tributary and not non -tributary ground water
<br />underlying the Land, as well as any water rights associated with the Lupton Meadows Ditch, the
<br />Lupton Bottom Ditch, and any tributary wells that were historically used on the Property. The
<br />foregoing reservation is not intended to reserve any easements for the benefit of Grantor, which
<br />easements shall be specifically provided for between Grantor and Grantee in documents separate
<br />and apart from this Special Warranty Deed.
<br />3. Reserving unto Grantor all sand, gravel, aggregate, stone, rock, silt, clay, shale,
<br />overburden, topsoil and all other valuable solid minerals and mineral rights owned by Grantor
<br />(hereinafter collectively referred to as "Sand and Gravel") lying on, in or under the Land,
<br />-1-
<br />0239g8921
<br />• Everist SWD— 8-21a-15
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