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eRecorded in Weld County, CO Doc Id: 3636160
<br /> 07/14/2009 08:58 A Receipt#: 7422156
<br /> Page: 1 of 8 Total Fee: $446.00
<br /> Steve Moreno, Clerk and Recorder
<br /> SPECIAL WARRANTY DEED
<br /> THIS DEED,made this day of July,2009 between SW Chambers,LLC,a Colorado
<br /> limited liability company, GRANTOR, whose address is 7600 E. Orchard Road,#370-S,
<br /> Greenwood Village, Colorado 80111, and the City and County of Broomfield, a Colorado
<br /> municipal corporation and county, acting by and through the City of Broomfield Colorado Water
<br /> Reclamation Activity Enterprise,GRANTEE,whose address is One DesCombes Drive,
<br /> Broomfield, Colorado 80020.
<br /> WITNESSETH,that the Grantor, for and in consideration of the sum of Four Million
<br /> Fifty Thousand and no/100 Dollars($4,050,000.00),the receipt and sufficiency of which is
<br /> hereby acknowledged,has granted,bargained, sold and conveyed, and by,these presents does
<br /> grant,bargain, sell, convey, and confirm, unto the Grantee,its successors and assigns forever,all
<br /> the real property,together with improvements,if any,situate, lying and being in the County of
<br /> Weld, State of Colorado, described as follows:
<br /> See Exhibit A attached hereto and incorporated herein by this reference together with all
<br /> water and water rights appurtenant to the real property described on Exhibit A attached
<br /> hereto and incorporated herein,including,but not limited to,tributary,not non-tributary,
<br /> non-tributary water and water rights; EXCLUDING AND EXCEPTING 101 shares of
<br /> The Lupton Meadows Ditch Company presently evidenced by Certificate Number 553.
<br /> AND
<br /> All of Seller's interest in minerals and mineral rights, sand and gravel rights,together
<br /> with improvements,if any, appurtenant to the real property described on Exhibit A
<br /> attached hereto and incorporated herein by this reference,EXCLUDING AND
<br /> EXCEPTING all rights of Grantor under a Master Gravel Lease between Grantor and
<br /> Grantee, of even date herewith,to mine such topsoil, sand, gravel and gold(or other
<br /> precious metals)until August 31, 2017;
<br /> TOGETHER with all and singular the hereditaments and appurtenances thereto
<br /> belonging, or in anywise appertaining,and the reversion and reversions,remainder and
<br /> remainders,rents,issues and profits thereof, and all the estate,right title, interest, claim and
<br /> demand whatsoever of the Grantor,either in law or equity,or, in and to the above bargained
<br /> premises,with the hereditaments and appurtenances;
<br /> TO HAVE AND TO HOLD the said premises above bargained and described with the
<br /> appurtenances,unto the Grantee, its successors and assigns forever. The Grantor,for itself, its
<br /> successors and assigns does covenant and agree that it shall and will WARRANT AND
<br /> FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the
<br /> Grantee, its successors and assigns, against all and every person or persons claiming the whole or
<br /> any part thereof, by,through or under the Grantor. EXCEPT AND SUBJECT to those matters
<br /> Page I of 3
<br /> Case No.2009CW96
<br /> B-169
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