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' 372682 04/19/2002 02:53pm BK: 0501 PG: 2079
<br />LELA ANN BENNETT, RECORDER, RZO GRANDE CTY, CO
<br />WARRANTY DEED
<br />State Documentary Fey
<br />THIS DEED, dated April 17, 2002, between Dale J. Martinez and Cynthia S. h qp
<br />Martinez of[heCountyofRioGrandeandStateofColorado,grantor,andHenryT. Dates APR 1'/ 2002 t
<br />Southway and Rock I. Southway, whose legal address is 117 White Pine Drive, 9.70
<br />Alamosa, CO 81101 of the County of Alamosa and State of Colorado, grantee:
<br />WITNESS, that the grantor, for and inconsideration of the sum ofNinety-seven thousand and no/100 ($97,000.00)
<br />DOLLARS, the receipt and sufllciency ofwhich is hereby acknowledged, has granted, bargained, sold and conveyed, and
<br />by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all [he real
<br />property, together with improvements, if any, situate, lying and being in the County ofRio Grande and Slate of Colorado,
<br />described as follows:
<br />A parcel of land located in the S'/~ of Section 21, Township 40 North, Range 6 Eas[, N,M.P.M.,
<br />which parcel is more particularly described by metes and bounds as follows, to-wit:
<br />Beginning at the Southeast comer of the parcel herein described, a point on the Northerly limit of the
<br />right of way for Colorado State Highway No. 374, whence [he Southeast corner of said Section 21 bears
<br />N 89°55.5' E, 1695.50 feet distant; thence N 88°56' W, 285.10 feet along the Northerly limit of said
<br />highway right of way; thence 802.0 feet on the arc of a curve to the right with a radius of 1392.5 feet;
<br />the chord of which curve is N 67°OS' W, 791.00 feet, along the Northerly limit of said highway right of
<br />way; thence N 45° 14' W, 394.10 feet along the Northerly limit of said highway right of way to a concrete
<br />marker thereof with brass plate; thence N 42°34.5' W, 201.90 feet along the Northerly limit of said
<br />highway right of way to the Southwest corner of the parcel herein described; thence N 31 °54' E, 963.50
<br />feet to the Northwest corner of the parcel herein described, a point on the Southerly limit of the right of
<br />way for Lateral No. 1 of the Rio Grande Canal System; thence S 73°48' E, 921.00 fee[ along [he Southerly
<br />limit of said canal right of way to the Northeast corner of the parcel herein described; [hence S 1°36' E,
<br />1301.05 feet to the Place of Beginning,
<br />County of Rio Grande, State of Colorado
<br />also known by street and number as: 9659 W County Road 7 N, Del Norte, CO 81132
<br />assessor's schedule or parcel number: 1521000026
<br />TOGETHER. with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,
<br />the reversion and reversions, rem aiuder and remainders, rents, issues and profi is thereof, and all the estate, right, title, interest,
<br />claim and demand whatsoever of the grantor, either in lasv or equity, of i r and [o the above bargained premises, with the
<br />hereditaments and appurtenances;
<br />TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee
<br />his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain,
<br />and agree to and with the grantee, his heirs and assigns, that a[ the time of the ensealing and delivery of these presents, he
<br />is well seized ofthe premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
<br />in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey [he same in manner and
<br />form as aforesaid, and that the same are free and clear from all former and other grants, bargairts, sales, liens, taxes,
<br />assessments, encumbrances and restrictions of whatever kind or nature soever, except the taxes for the year 2002 and
<br />subsequent years, subject to:
<br />I. Any vested or accrued water rights for mining, agricultural, manufacturing or other purposes, and rights
<br />to ditches and reservoirs used in connection with such water rights, and also subject to the right of a proprietor
<br />of a vein or lode to extract and remove his ore therefrom as set forth in U.S. Patent recorded August 7, 1915
<br />in Book 86, Page 405.
<br />2. Undivided %z interest in all oil, gas and other minerals and mineral rights as reserved in warranty deed recorded
<br />Apri125, 1961 in Book 267, Page 181 and re-recorded May 18, 1961 in Book 267, Page 358.
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