#67 Safeway stores (sale of property)

THE TITLE GUA.RANTY COMPANY,

DENVER, COLORADO 1711 California Street

copy

AL4 Propose. Safeway Store No. 625 November 21,

1957

Cortz, Colora-o Our Job No, 112;19

Safeway Stores, Incorporate

P. O. 3ox 660

Oerizin California

Attention: Contract partment

Gentlemen:

We arc flclosing Our Commitment No. 11209-C which sets forth the terms

an conAtions uner which we will issue our Owner's, Policy

In the amount

of r60,000.00 in the name of Safeway Stores, Incorporate.

The :lescription containe in our Commitment differs from the description

as set forth on the survvy. Ve () not understan why the surveyor

sur-veyed to fence lines instead of .the escription as called for in

your

option agreement. itie would suggest that the survey be amende an.

the

(]escription change to road the same as shown on the enclose,: Commitent.

We have made an exception of oil, as an other minerain as shown in

ixception "6" because the surveyor referre,.; to the same in his comments.

However, the recor:s of Piontezuma 7ounty o not reveal any such

reser-vation. Perhaps the surveyor can provilJe us with the source of his

in-formation an we will mae a further check on the l'Arteral resrvatioii.

Exception

"5"

was inserte in the Commitaent in error and we have

ietc:':

the same by an enorsement attache to the Commitment.

A copy of the right of way an easent ref;.;rre... to in Exception

"9"

and 19" Is also anclose6.

,J1c1.

cc to L. 3. Patterson

cc to Montezuma-Dolores Title Co. cc to Montezuma Valley Irrigation Co. cc to Garrett-3romfiel,, & Co.

R Pim

Sincerely yours,

Robert c. Patterson Assistant Secretary

Da ipiu

Ttfr

Outtrantg Trattpang

1711 California St., Denver 2, Colorado Telephone KEystone 4-1251

COMMITMENT 11280,4 NO

October

3$

_{1 19}

_ST

_,at

1):411 o'clock, (Being the date of last certificate on abstract or other evidence of title condition)

at which time title is vested in:

1121 10102$60 ULM

11211.413X01 COMM

*

ediamdie Caorerattloso

subject to objections, defects, liens, encumbrances and requirements as shown herein. * * * *

WE HEREBY AGREE That on payment of a premium of $ 37111gibt The Company will issue its policy of Title Insurance in usual form as follows:

INTEREST TO BE INSURED:

Owners Title Guaranty Policy in the amount of $ to:

smoky $ums

1201.142111110*

•

*Art

Corpora

Mortgagee Title Guaranty Policy in the amount of $ to.

covering the interest as shown above on the real property described as:

IlkiNgtiatiag at that floath000t ~ow

of the

of Booties leo Iteamilkip

ibarth

lease 1$ Vogt at

tb

MPflespieo Priam' 1

;

time

Nest aloft the loath

lies

etaiid ll eitiisatatesteo

of 100 *set; time* Mirth a

diatom*

at

275 toot;

theme to*

a

at 1S$ feet to

a you*

4Ni the at

lime of the weal

of

1aseaseayed to

lese Colorode *tate Sighway Deportamet by Seed romorded is beak

12$ at pose NO,

ematesona Comity toserde; themes loath aloe

said

at Was

a

sliotaoes

1.

tee* to the IX ~ow

_{of maid pavan ammo,}

_{to The Coderada State}

samy lopartoott; theme* Sort a dielautee at 10.

toot slang the earth It..

of

the wad

oftweyed to The State Righway

_{ti.a$ to the SO owner}

_{at mid}

parcel; those* aostb slew the Soot lime of the

ntli of said

eties 2$

a

distance at SW

toot to the point of beittealogo. Coutty of Rasteame sad State

et Colorado

When the following requirements with respect to the title to said real estate have been complied with and have been approved by us, and payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured has been made, and the records in the Recorder's office from the above day and time show only the following:

2. Itaferaaty Deed tires The iltiatoemasihUop Irrisaties Ceustaay

Orlorimle

Outioratios to Sitoray Stailoo Iiosersoratedo a Maryland

Celnpelletieei

WOO* at

that ~tato

likingsga sat

flood at Itilart isAmor

of itorwar

liatieesI Mask scemurieg isdootamme is the samost se Owteeihee, ditto*

olhowary 1 U0011 *ad reeerdee aim*

214 10424 is

18.129

at pew 470

1.Weave

_{of that eertala liartiego ie Snow of Ilathita rho* ter Coverattioe}

of itiehitso lboasoo aoariporatios orsealised sad ealetta. maw the Sham

Credit lot of 111111, as mosededo esesorAiNg 2$100000.014 dated asmoury So INS

*ad reomirdid tbiroary 210 lino is boob 21$ at pag*

Articles of loseirpoinitteo tor fitertos load sad fleowittao Comeswo aColorada

Cerponities me*

be Moll

is

the aftftaw of the as&

aid fleaorder of

easteneas tesety Colorada.

-Said policy issued hereunder shall not be construed as insuring against:

1. Rights or claims of parties in possession not shown of record, including unrecorded easements. 2. Any state of facts an accurate survey would show.

3. Mechanics liens, or any rights thereto, where no notice of such liens or rights appears of record.

4. Taxes and assessments not yet due or payable and Special Assessments not yet certified to the Treasurer's office. (a) Taxes due and payable:

Wass

sad eiesseassis dm

sad payable eubsequent to October lielp MT

at

illight eel**

A.. 1.

S. A3,1 eidetiso

14~—,

ifittekeet ettlittees. pip.

Use*,

aM

right*

et

"ay ast epees.***

6. All *Ali sposeraeherelserale sad 11401100611 there**, tegether with all

oseemata with reopen thereto and all UMW.

Orit ether Iseerests thereemear

a

.

Se boat**

is *be leiteasmes Ira

lerigattea alstrict,

tattoo Dietriet sad

no

Cartes

District, sad the

sodrdeet tes

Asewma

asimemmisate

_{'blob ore teelead is the}

1

tea *Wet

(

_{2)*Periedic ahartieci}

easmeest ter mow

Use

ewe

the avert 10 teat et mid

*tea to the lam

et Corte*

_{lestreeeat reeseded arch 17}

Ile at page 1176. •

0. Pt.*

etway sadeissieeet a*

_{11171144011 to theitairptris ilieetrie Aseepiatioas}

lee. illeoes

_

t

afteradea

ter elbsrlarie trinsestatitott or distraation has

1W4irteit

_{by Iseertmeet reeeedied Iliesestber SI; 1049, A* beak 130 at me}

Slifit insistar

00

the sea.

_{atteets or epiesee this property.}

13404 at

*ay tar sow

floe* ruaaSseg list sad *et

*CMS

Mid property

ite seem ea lbervey of .47 if. Um*

Itesalse.

WM.

Ileyeeber 17, 1967.

This commitment is delivered and accepted upon the understanding that you have. no knowledge or intimation of any defect, objection to title, lien, or encumbrance affecting said premises other than those shown herein and your failure to disclose any such information shall render this commitment and any policy issued hosed hereon, null and void as to such defect, objection to title, lien or encum-brance.

CAUTION: Said policy will not be issued until the records in the office of the Clerk and Recorder of the instruments called for herein have been inspected and approved by us. Before recording any, required instrument you should ascertain that there has been no change in the record title. If the record title from the above date shows any .instruments or matters other than those called for herein, said Policy when issued shall contain an exception of any such instruments or matters. .

It is especially understood and agreed, however, that said requirements be complied with and said policy requested on or before six months from the date hereof.

THE TITLE GUARANTY COMPANY By

Vice President Assistant Secretary Title Officer

Pr/

THAI: Itte CUNT-RAN-IT

CompAmr

immir-

OM

RAD

01

TO BE ATTACHED TO AND BECOME A PART OF TITLE ,P

NO.__112800.0

ISSUED BY

THE

TITLE GUARANTY

COMPANY,

DENVER,

COLORADO.

said Caualtneat is

d.

r

Nothing herein contained shall be construed as extending or changing the effective

date of th

Rtss

otherwise

.expressly stated.

a

Signed and sealed this abitlay of

_Iferthabor

THE TITLE GUARANTY COMPANY

By

By

Attest.

Authorized Agent or Title Officer. Assistant Secretary.

(114

tow)

SAFEWAY STORES

INCORPORATED

810 - 14TH STREET .... DENVER, COLORADO

Mailing Address: P. 0. BOX 5310, TERMINAL ANNEX .... DENVER 17, COLORADO

Mr. H. 1.

Patterson

Title Guaranty company

1711 California Street

Denver 2,

Colorado

Oe ober 14,

ted

the

The

agreement. We

property,

a copy will be

receipt.

We wish to open

preliminary title report.

the amount of the purchase pric

the

ained an option to purchase

rms and conditions set forth in

property is deseribed in more

have ordered a land survey of the

given to you immediately upon its

At your earliestconven en

preliminary title report,

covenant*, conditions, reser

or rights or way shish affect the

d order a

rt should

of he property as shown

°mord *copies of the

h full copies or any

striations, easements,

tie or this property to:

1. Sat

_{away Stores, Ineerpora}

Contract Department

P.

0, Dox- e00

Oakland 44 California

The undersigned,

Tom may also send a copy of the preliminary title re

seller or the seller's attorney if they request it

'WM

Page

-2-Mr. R. D. Patterson

Ootobor 14* 195?

If we elect to exorcise the option we will notify you and our

Contract Department will issue further instructions for completing

the escrow.

If we do not exercise the option* we will notify you and pay you

your usual

,charges for cancellation of the escrow.

Very truly yours*

SAFEWAY STORES, INCORPORATED

L. J.

lia111111256011

Realty Department

WU;

hb

Attachment

0082

me,

Paul W. Mouser

Contract Department

Montezuma Valley Irrigation Company,/

Don Smith

Montezuma-Boloree County Title Company

Mr. Van Holt Garrett, Jr.

100& XXX\ \XXX NNSN.

V100x

V44AIN. 14101AL Colorado's Oldest Title Company COMPANY MJ • Attention: Mr. Carpenter 0

fight

tu buy Christmas seals NOV 21' 57 •

Montezuma Valley Irrigation Co. P. 0. Box 878 Cortez Colorado „ ""'as•••••••••=1••••••....

Pia Air

Oversized

documents

not scanned

See originals in folder

Water Resources Archive

The Montezuma Valley Irrigation Company

Cortez, Colorado

January 24,1958

Dear Mr. Carpenter:

Enclosed is letter from Mr. Frerichs of Garrett-Bromfield together with copy of my reply.

I have just talked with Dan and he informed me

he has finished the release of the mortgage for execution by The Denver National Bank.

I will pick up the release and send it to the Denver National immediately.

We have been having some real winter weather, 8i inches of snow with four nights of sub-zero tempertature the coldest night was -8

It is quite cloudy this morning and the prediction is that more snow is on the way.

REAL ESTATE LOANS, INSURANCE PROPERTY MANAGEMENT LAND DEVELOPERS SUBDIVIDERS ACOMA 2-8621

Garrett-Bromfield

E

a

R

E A LT 0

R

650 SEVENTEENTH STREET evell January 20, 1958

Montezuma Valley Irrigation Company Cortez, Colorado Attention: Mr. Carpenter Gentlemen: STOCKS.BONDS INVESTMENT SECURITIES APPROVED F. H.A_ MORTGAGEE

Now that the Safeway Company is definitely proceeding toward

the finalizing of the purchasing of the property from your company, I am

wondering if you will have an opportunity to discuss with the rest of the Board of Directors the amount of frontage which you could sell for a

ser-vice station site adjacent to the east side of the Safeway property, and the

price which your company desires for this area.

In working with the various oil companies their requirements

vary as to street footage on inside lots. Most of them desire not less

than 125 feet and some up to a frontage of 175 feet--all with a depth of 125

feet. On this basis you could advise the amount that you would have

avail-able so that I could work with the people who would use it. I have one com-pany definitely interested in considering this area.

It was a pleasure to have talked with you when I was in Cortez, and I greatly appreciate your cooperation.

Yours very truly,

GARRETT-BROMFIELD & COMPANY

H. F. Frerichs

Commercial - Industrial Department

4:k

January 24,1958

Garrett—Bromfield & Company 650 6oventeenth Street Jenver, Colorado

Attention: t.r. Ii.F.Irerichs Gentlemen:

This will acknorliedge r..).ceipt of your loiter dated Janunry 20th.

Our Mr. N.E. Carpenter is vacationing in ehoenix and we are forwarding your letter to him there.

Zc;11 nay receive a lett,er from Mr. iter, however,

our Directors have decided against selling any more

frente<ge at this time, or at loast not until sifter Lafeway

'fILnrts improving the ground thoy are purchasing from us. Very tray yours

THE MONTEZUMA VALLEY IRLIGATION CO. By

"6o

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LAKEWOOD OFFICE 7580 W. Colfaoc Ave.

BElmont 7-1381

7ite TITLE

GUARANTY

C.

1711 CALIFORNIA ST. DENVER, COLORADO

KEystone 4-1251

SETTLEMENT SHEET

Job ₁₁₂₈₀₉ Department

Escrow

Date

_{February 19, 1953}

Purchaser

SAFEAY STORES, 1WORPCM2'ED

Seller

_{THE WerrEZUNIA VALLEY' IRRIGAT/ON COMPANY*}

Property Number

Legal Description

_{Part of the SE}

_{i NEi of}

₂₆

_.

₃₆

_.

_{16 MOntetume County, Colorado}

Purchase Price

Prepaid Water Rent paid to in amount of $ Tax and insurance Reserves held by loan company

Prepaid Insurance years, $ , expires Premium $

TOTAL

Deposit held by

_Sailer

Principal 1st. encumbrance

Interest from to

Principal 2nd. encumbrance

Interest from to

General and Moffat Tunnel Taxesjor ear 19 Adjustment of Taxes (based on

k

for 19 Improvement Taxes allowed

1,000.00

•

0

Net Purchase Price

TOTAL EXPENSES AND FEES OF PURCHASER

Title premium

Closing fee

One half

Recording Deeds

Recording Deeds of Trust Notary fees

Tax Certificate Two

Abstracting Survey Fire Insurance

Tax and Insurance Reserves for new loan 0004324 SSI Oft •

due Garr*

t

4. &.

Co

-Record-ing- Easement

-and •Retelsat& • $5.15.

and

.$1,25

Attorney-

fees •preparatIon, Rie,lease. of.

Easement

507.50

50.00

3.75

00

3,000.00

6.10

7

50

TOTAL Net purchase price plus expense

Credit by lgcrplx psyant

to

Guaranty

.Com.

Balance due fm purchaser

$ 60,000 00

6o 000.00

$

1,01 .70

$ 5,9B6.30

3,579.15

62,

_rT'5.Le5

3.00

EXPENSES AND FEES OF SELLER Title premium

Closing fee

_{One hall'}

Abstracting

_{to date}

Revenue stamps on deed

Recording Release of Trust Deed

Notary fees Commission Due

-Realty Record-In -Act-Fee

•

1957

-taxes- on, entire- parcel

TOTAL

50.00

oo

66.o0

6

276.77

415.77

Net Purchase price Less expense

$

58,986.30

$ 415.77

Plus Deposit

Balance due seller $ 58,570

53

2)3 .-77

gi

evC,or

LAKEWOOD OFFICE 7580 W. Colfax Ave. BElmont 7-1381 777"

7t„

TITLE

GUARANTY

C.

1711 CALIFORNIA ST. DENVER. COLORADO Klystone 4-1251

SETTLEMENT SHEET

Job ₁₁₂₈₀₉ Department

Escrow

Purchaser

_{SAFEWAY STORES, INCORPORATED}

Seller

_{THE MONTEZUMA. VALLEY IRRIGATION CCMPANY}

Property Number

Legal Description

Part of the SE-4 NE

A of 26 - 36 - 16

Date

_{February 19, 1958}

Montezuma County, Colorado

Purchase Price

Prepaid Water Rent paid to in amount of $ Tax and insurance Reserves held by loan company

Prepaid Insurance years, $ , expires Premium $

Deposit held by Principal 1st. encumbrance Interest from to Principal 2nd. encumbrance

Seller

Interest from to

General and Moffat Tunnel Taxes,for year 19 r;

Adjustment of Taxes (based on IRS a a 5i. fo ₅₈ Improvement Taxes allowed

Net Purchase Price

EXPENSES AND FEES OF PURCHASER

TOTAL

Title premium

Closing fee

One half

Recording Deeds

Recording Deeds of Trust Notary fees

Tax Certificate

Two

Abstracting Survey Fire Insurance

Tax and Insurance Reserves for new loan COMMi S S

ion,- clue -Garrett-lanomfleld• &- Co

Re-c-ording•

Easement and •Re•l•e•a•se• •

$5,15-

and

-$1,25

Attorney - fees -preparatkon• Re-lease- of

-Easement

TOTAL TOTAL

$ 1,000.00

13.70

507.50

50.00

3.75

4.00

3,000.00

6.40

7.50

Net purchase price plus expense

Credit by

_{icx*x. payment to •Tit-l-e- Guaranty .Co.}

Balance due from purchaser

EXPENSES AND FEES OF SELLER Title premium

Closing fee

_{One half}

Abstracting

to date

Revenue stamps on deed

Recording Release of Trust Deed

Notary fees Commission Due

Realty Retording

- Act

- Fee

- 1957 -taxes

- on entire-parcel

Net Purchase price Less expense

50.00

17.00

66.00

6.00

276.77

$ 6o,000.00

$ 60,000.00

$

1,013.70

$ 58,986.30

$ 3,579.15

62,565.45

62,000.00

565.45

TOTAL

$

415.77 $

58,9316.30

$

415-77

Plus Deposit

Balance due seller

_$

_58,570.53

Sg;

42Je,

cb,

--Xteo

SAFEWAY STORES

INCORPORATEC

810 - 14TH STREET.... DENVER, COLORADO

Mailing Address: P. 0. BOX 5310. TERMINAL ANNEX . • . DENVER 17, COLORADO

March 19, 1958

Mr. H. G. Keown

The Montezuma Valley Irrigation Company Box 1056

Cortez, Colorado

Proposed Safeway Store No. 625 610 East Main Street

Cortez Colorado Dear Mr. Keown:

Our current schedule calls for the awarding of the contract on the above store approximately May 1, 1958. Assuming we have no unforeseen problems, we will break ground at this time.

We would like to co-operate with you on the time extension as requested, but we are reluctant to hold up the job two weeks if the contract is awarded on schedule.

However, we have no objection to granting an extension to May 1, 1958 if this will help you at all.

Best personal regards.

LJR:hb

Very truly yours,

SAFEWAY STORES, INCORPORATED

L. J. Rasmussen Realty Department

•••••

% ,

rr-1>

March 21,1958

Safeway Stores, Incorporated Mr. L.J. Rasmussen,Realty Dept.

riox 5310, Terminal Annex Denver 17, Colorado Dear "1..r. Rasmussen:

This will acknowledge receipt of your letter of -arch 19th.

The two w!eks extension of ti ,e being given us in

which to move the dwelling off the ground we recently sold to your company is appreciated very much.

Unless something greatly unforseen happens I can see no reason hy the dwelling cannot be out of the way of your contractor by May 1st.

Ath kindest personal regards. Yours very truly,

H.G. Keolm,, Secretary

narch 1401958

Safeway Stores, Incorporated

L.J. l'asiv.us,,,;en, Realty Dept.

Lox 5310 Terminal nnc Denver 17, Colorado Gentlemen;

I have bon instructed by our Beard of Directors to ask for reooving ths dwelling located on the tract e recunt3,y sold tu you.

Our reason Zor asking this favor is because of adverse.

weather conditions it has be-an imposible for us to le,fel and

-prepare the ground we have purchased on which we wish to place the dwelling.

Even if our new location was in shape for the dwelling it

would be Impossible for a house mover to do the moving until

the ground dries.

If an extension of time to say May 15th. could be 5ranted it would be appreciated vary ruch.

Very truly yours H.G. Keown0 3ecretary

SAFEWAY STORES

INCORPORATED

810 • 14TH STREET DENVER. COLORADO

Mailing Address: P. 0. BOX 5310. TERMINAL ANNEX .... DENVER 17, COLORADO

January 24, 1958

Montezuma Valley Irrigation Company Box 1056

Cortez, Colorado

Proposed Safeway Store No. 625 NEC Adams Street and Main Street Cortez, Colorado

Gentlemen:

We have made a careful analysis of our land survey, and we note the following encroachments which will have to be removed or relocated prior to our commencing construction:

1. 325 gallon. LEG tank overlaps the easterly property line.

2. Three fences overlap the easterly property line. For your convenience in locating the above encroachments, we are enclosing a copy of our survey on which we have circled the encroachments in red.

Perhaps you would prefer that we remove the fences and, if so, we would appreciate your advising accordingly.

Your cooperation in the above will be appreciated. Very truly yours,

SAFEWAY STORES, INCORPORATED

J. Rasmussen Realty Department

LJR:hb Attachment

January 27, 1958

jrlfeway stores, Inc.

Mr. .L.J. 2,a,smusben, Realty Dept. fox 5310 Terminal Amiex

Denver 17, Colorado

Gentlemen: Re: Proposed ,:)afeway „tore

ITast Main, Vortez, Colo.

th reference to yours cf January 24,1_958 concerning one 325 gallon LBG tank and three fences which overlap the easterly property line.

(5) are dad to :inform :you tl,,!=A we wall remove the tank and three fonoq.s i;16:Icated on Cite map of the property.

:re would '1so to 1-emove the fence on the south

edga of tho -}roporty if agreeable with you.

Very truly yours

THE LIONT2ZU1A VALLEY IRiiIGATION CO. By

AGREEMENT

THIS AGREEMENT, made this 5th day of September

Montezuma Valley Irrigation Company, a Colorado corporation

, 19 57, between

party of the first part and hereinafter referred to as Seller, (which term includes the party or parties above named, whether one or more corporations or individuals) and _{Safeway Stores, Incorporated, a Maryland corporation}

party of the secord part and hereinafter referred to as Buyer; WITNESSETH:

FIRST: That in consideration of the payment to Seller of the sum of _{One Thousand and No/I00'}

DOLLA RS (S 1 , 000.00 _), receipt of which is hereby acknowledged, the Seller hereby grants unto the Buyer the exclusive right and option to purchase, at any on or before the _15th day of January , 19 58, for the sum of Sixty Thousand and No/100

- •-• DOLLARS ($ 60,000.00 ), that certain property, vagettter-with all the improvements and appurtenances thereon, in the City of Cortez

State of Colorado , to—wit:

County of Montezuma

Beginning at the SWC of the NE, Section 26, T36N, R16W,

New Mexico P. M. thence North a distance of 259 feet; thence right angles East a distance of 100 feet; thence right angles North a distance of

16 feet; thence right angles East a distance of 160 feet; thence right angles South a distance of 275 feet; thence right angles West a distance

260 feet more or less to the point of beginning.

The Seller excepts and reserves improvements thereon situate and agrees to remove the same on or before April 15, 1958, provided this option has been exercised by the Buyer.

SECOND: The exercisF of this option shall be by written notice mailed or delivered by the Buyer to the Seller at the following address:

P. O. Box 8781 Cortez, Colorado

THIRD: Buyer or its authorized representative may, at any -tithe, and at its _{expense, during the option period herein provided for, enter}

upon the property described in paragraph FIRST hereof for the purpose of making such surveys and site analyses (including soil tests) as Buyer may deem advisable.

FOURTH: If this option to purchase is not exercised by the Buyer in the manner and within the time herein limited, then the deposit paid herewith to the Seller shall be retained by the Seller as liquidated damages and this agreement shall be of no further force or effect.

FIFTH: Upon Buyer's exercise of this option as provided for in paragraph SECOND hereof, this agreement shall constitute a contract for the purchase of the property described in paragraph FIRST hereof, upon the following terms and conditions:

A. The purchase price of Sixty Thousand and No/100 shall be payable as follows: (1) _{One Thousand and No/100}

DOLLARS ($ 60,000.00 ), DOLLARS (S _{1,000.00 ),} being the deposit simultaneously paid with the execution and delivery hereof and (2) _{Fifty-Nine Thousand and}

No/100 DOLLARS (S 59

.P 000.00 ),

on the delivery of the deed and completion of the escrow as hereinafter provided and (3) the balance by a promissory note in the amount of DOLLARS (S ), secured by a mortgage or a deed of trust (in the form generally used in 'tile locality)on the real property herein described, said promissory note to provide that the principal amount tliereof —gliall be payable on or prior to the expiration of ) years after the date of the escrow-ctiiiiPetion, with interest from the date of the escrow completion until paid, at the rate•of

per -e-eittiUn ( yo) per annum, payable

B. An escrow covering the purchase and sale of said property shall be opened by Buyer with _{Title Guaranty}

Company ,at 1711 California Street, Denver 2, Colorado ,

hereinafter referred to as escrow agent. Within thirty (30) days after Buyer's exercise of the option, pursuant to paragraph SECOND hereof, Buyer shall open the escrow and deposit with said escrow agent an executed copy of this agreement and Seller shall, within the same thirty (30) day period, deposit with said escrow agent a grant or warranty deed conveying said property to Buyer, together with all title papers,

required by the escrow agent or Buyer.

C. Buyer's title to said property shall be evidenced by an owner's policy of title insurance in the amount of the purchase price written by

Title Guaranty Company

If title insurance is not available, then Buyer's title shall be evidenced by an abstract of title continued to date at the expense of Seller, and an attorney's opinion of title based on an examination of said abstract written by Buyer's attorney at the expense of Buyer. Seller represents and warrants that, at the time of the completion of the escrow, Seller will have a good and merchantable title to said property, subject only to current taxes not yet deliquent, and that said property shall be free and clear of all other matters except such as may be approved and accepted by Buyer, in writing. Said other matters shall include, but shall not be limited to the following: all encumbrances, easements, rights of way, leases, tenancies, rental agreements, reservations, and covenants, conditions or restrictions which are unaccept-able to Buyer or which provide for a forfeiture of the title to said property or which prohibit or restrict the erection of the necessary struc-tures or facilities for, or the operation of, a retail business on said property or the sale of alcoholic beverages therefrom. Seller agrees to furnish Buyer with copies of all written leases, tenancies and rental agreements and to advise Buyer fully as to those which are not written. Should the title to said property prove to be defective, unmerchantable or unacceptable to Buyer, then Buyer shall inform both the Seller and the escrow agent, in writing, as to the matters which are unacceptable to Buyer and Seller shall thereupon make every effort to correct the matters which are unacceptable to Buyer.

girmiwrommimmimmim D. Seller further represents and warrants that at the time of completion of the escrow (1) there will be no easements or rights of way affecting said property except such as may be approved by Buyer; (2) said property will extend to the street line on all adjacent streets, there will be no structures on adjoining property which encroach on said property and no structures on said property which encroach on adjoining property and that Buyer will be able to obtain (at Buyer's expense) a survey which will confirm the representations and warranties herein -above in this paragraph contained; (3) there will be public utilities providing water, light, gas, telephone and storm and sanitary sewer serv-ices available to serve said property; and (4) said property will be zoned for retail business usage. Seller agrees, if said property is not zoned for retail business usage at the time of Buyer's exercise of the option to purchase pursuant to paragraph SECOND hereof, Seller will within thirty (30) days after Buyer's exercise of said purchase option file an application to have said property rezoned for retail business usage, or in the event of the prior agreement of Buyer to the obtaining of a variance for the proposed use of said property, an application for such variance; and Seller also agrees to take such further steps as are necessary to promptly and properly process said application, unless Buyer at the time of exercising the aforesaid option notifies Seller that Buyer desires to file and process said application. In such event, Seller agrees that Buyer may proceed to file and process the necessary application in Buyer's name, or at Buyer's election, in the name of and on behalf of Seller, and take such other steps as are necessary to obtain said rezoning or variance; and Seller further agrees to fully cooperate with Buyer in all proceedings taken in connection with the obtaining of such rezoning or variance. All costs and expenses incurred in connec-tion with the filing and processing of said application shall be paid by SellerThe obtaining of such rezoning or such variance shall not be considered as complete until any review or appeal is finally determined by the highest governing body or tribunal authorized to determine the matter, or until the time for such appeal or review has expired, whichever time is the later; and if a suit is brought to declare the rezoning or the variance invalid, such rezoning or such variance shall not be considered complete until a finpl judgment or decree has been entered and the time for appeal therefrom has expired, or if an appeal is taken therefrom, until the appeal has finally been determined. E. Within twenty (20)days after Seller has complied with the agreements, representations and warranties hereinbefore made by Seller, all necessary proceedings for the rezoning of said property or the obtaining of a variance with regard thereto have been completed as herein-above provided (including the expiration of any time periods for statutory, appeal or review), and Buyer has received written advice from the escrow agent that the latter is prepared to complete the escrow, in keeping with the terms and provisions hereof, Buyer shall deposit the bal-ance of thepurchase price (including any required promissory notes, mortgages or deeds of trust) with the escrow agent, together with Buyer's closing instructions. Should Buyer fail to deposit the balance of the purchase price and the closing instructions as aforesaid, then Seller, at Seller's option, may terminate this agreement on the giving of a ten (10) days' written notice to both the escrow agent and Buyer, and if Buyer's default. is not cured within such ten (10) day period, then Seller may retain the deposit paid to Seller at the time of the executionof this agreement as liquidated damages. If Seller has not complied with the agreements, representations and warranties, hereinbefore made by Seller, or if the obtaining of any necessary rezoning ol or variance with _regard to said property has not been completed as hereinabove provided (including the expiration of any time periods for statutory appeal or review) within six (6) months after Buyer's exercise of the pur-chase option pursuant to paragraph SECOND hereof, or on or before such extended period as the parties hereto may subsequently agree to in writing, then_Buy_er, at Buyer's option, may_ terminate this agreement on the givingof a ten(l0) days' written notice to both the escrow agent and Seller. In the event of such termination by Buyer, Seller shall repay to Buyer the deposit paid at the time of the execution of this agreement. F. Should the improvements on the property be destroyed or materially damaged by fire or other casualty prior to the vesting of title in Buyer, then Buyer, at Buyer's option, may: (1) terminate this agreement and receive back the deposit paid Seller, or (2) complete -the • purchase of said property with the purchase price reduced by an amount equal to the loss or damage suffered by said improvements. G. Current rents, water charges and taxes, shall be adjusted and prorated as of the date of vesting of title in Buyer; assessments for improvements completed prior to the date hereof, whether levied or not, the cost of revenue stamps, notary fees and expenses of placing title in proper condition shall be paid in full by Seller. The cost of recording the deed shall be paid by Buyer. The title insurance pre-mium charge shall be paid byBuy — er . The escrow fee shall be paid one-half by the Seller and one-half by the Buyer— Buyer H. atfUltXagrees, on completion of the escrow and Buyer's a,cquisition of title to the property, to pay a real estate brokerage com-mission in the amount of Three Thousand and No/100 DOLLARS ($ 3,000.00 to Garrett-Promfield & Company Security' Building Denver 2, Colorado I. Seller has been informed that Buyer's agreement to purchase the property described in paragraph FIRST hereof is conditional Buyer's purchase, upon terms satisfactory to Buyer, of adjacent property described as follows: I. --Seller -- warrants that it _mill within -60 days - from -escrow

li r-

completion, remove the residence now upon the premises.

;<1 7

Buyer shall have such period of time as shall be necessary to accomplish the purchase of said adjacent property provided Buyer proceeds with diligence appropriate to the circumstances. The time for the completion of the purchase of Seller's property an for the closing of the escrow shall be automatically extended without further action by Buyer until such time as Buyer has completed the purchase of said adjacent property or has notified Seller in writing that Buyer has abandoned Buyer's attempt to complete the purchase thereof. J. As herein used, the singular number includes the plural and the masculine gender includes the feminine and the neuter. IN WITNESS WHEREOF, each of said parties has signed this agreement. Safeway Stores, Incorporated Real Estate De_partment Noi tezu a By: a n Company

f -1

0

6tC64t

-BV • • (Buyer) Form N c E- 20 1 (Rev. 3-55) 3-55-15-39 (Seller) Printed in U.S.A.

RIGHT-OF-WAY EASEMENT

KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto the Empire Electric Association, Inc., a Colorado corporation, whose postoffice address is Cortez, Colorado, and to its successors or assigns, the right to enter upon the lands of the undersigned, situate in the County of

State of Colorado, and more particularly described as follows:

Montezuma

5A in SW Cor SE -NE- Sec. 26 Twp. 361T0 R 16W. being a Tr.

409! x 540f as designated in Book

111

Page 98 Montezuma

County Re0ords.

Line to be constructed as shown on the attatched

sketch.

and to construct, operate and maintain on the above-described lands and/or in or upon all streets, roads or highways, abutting said lands, an electric transmission or distribution line or system together with reason-able rights of egress and ingress across said land for the purpose of repairing and maintaining said lines or system and to cut and trim or control by chemical means, trees and shrubbery to the extent necessary to keep them clear of said electric line or system and to cut down from time to time all dead, weak, leaning or dangerous trees that are tall enough to strike facilities when falling.

The undersigned agree that all poles, wire and other facilities, installed on the above-described lands at the Corporation's expense, shall remain the property of the Corporation, removable at the option of the Corporation.

The undersigned convenants that he is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character except those held by the following persons:

IN WITNESS WHEREOF, the undersigned have set their hands and seal this day of , 19

STATE OF COLORADO

) SS. COUNTY OF

The above and foregoing instrumuent was acknowledged before me this day of

19 by

4-.11

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-

Ae

to,

./j

fee'

0 0 ea

1

/Odle y apse 1 .7 Yonr .5 ke ,

IC

7 / neil le 2 4..) •Irr

170W/kly

21, s 7 4,-; 5--oe

SAFEWAY STORES, INCORPORATED

PROPERTY TAX DEPARTMENT

RE-Nr,ONT•ITA7c EHATAL

QIVI.S10.11,,QF-IPAEKWAY-StgiftES;: 1tiCS2.11FORATit FOURTH AND JACKSON STREETS .... OAKLAND, CALIFORNIA

Meiling Address: P. 0. BOX 660 .... OAKLAND 4, CALIFORNIA

May 12, 1958

Tax Collector, Montezuma Valley Public Irrigation District Cortez, Colorado

RE: 610 East Main Street Cortez, Colorado

Please refer to our L- 3082

#625 Dear Sir:

We are responsible for paying real property taxes on the above property recently acquired by Safeway Stores, Incorpor-ated. A brief legal description of the property is attached. We will appreciate it if you will advise as follows con-cerning this property:

1. Are there any back taxes against this property? 2. When will the property taxes for the current year

be due and payable?

3.

Are there any special assessments on this

property?

We are enclosing a prepaid, self-addressed envelope for your convenience in supplying us with the above information.

When the current tax bills are available, please mail them to us.

Very truly yours,

FREMONT TAX SERVICE

eWitt W. Krueger DWK:ml

LEGAL DESCRIPTION

Matipadmang at the Southwest corner of the SE i/1 NE 1/4 of tion 26, Tow/asap 36 Forth,

Range i6Uest of the Nev Mexico Principal Meridian; thencc ncrtt

89

degree

4-

'Zest along

the South line of said NE 1/4, a distance of 260 feet; thence North 0 degrees 09' West a

distance of 275 feet; thence South 89 degrees 04' viest a distance of 160 1,,det to a point on the Mast liee of the parcel of land conveyed to The Colored: :1;tate Highway Department by deed recorded in book 125 at pv4g, 336, Montez-i.=. County recards; thence South along said East line a distance of 16 feet to the Southeast corner of said parcel conveyed to The Colorado 3tate Higher7 Department; thence West a distance of 100 feet along the South line of the parcel conveyed to the State Highommy Department to the Llouthwest corner of

said parcel; thence South 0 degrees 09' east along the 'Imot Line of said SE 1/4 NE 1/4 of

*aid Section 26, a distance of 259 feet to the point of binning, County of Montezuma and State of Colorado.

lay 15,195Z

JfoiayL.;toros, Incorporated rty Tax Department nm. 660

L'Al!:nd

4,

California

cn: Zlease refer to your 1,-3082

625

,.e Thc lontezuma Valley l'uLlic Irrigation District

_ a taxing body and does not levy ami collect property taxes.

irALation district is a political subdivision 1 our real ate and .other assets tire not subject tO property taxes.

To our knowledge there are no hack taxes or special assessments property in East Cortez which 41.a mcently purchased by

For all information concerning taxes on the property you should

wte to the County Treasurer ofontezuma County, Cortez, Colorado.

Very truly yours

THE EOPE:',XMA VALLEY ?Vile Ii'.1LIG,TI(2 DIJMICT By

DESCRIPTION OF PRLPERTY BEING DEEDED SAFEWAY STORES, INCORPORATED, By THE MONTEZUMA VALLEY IRRIGATION COMPANY. THIS DESCRIPTION COPIED FROM DEED IN THE OFFICE OF MILENSKI AND PARCA, ATTORNEYS

Beginning at the Southwest corner of the SE*NE of Section 26, Township .36

North, Range 16 Jest, N.M.P.M.; thence N

890 41

lalong the South line of

said NE _{4 a distance of 260 feet; thence N Oo 09wa distance of 275 feet;}

thence S 89o41 W a distance of 160 feet to a point on the East line of the parcel of land conveyed to the Colorado State Highway Deportment by deed recorded in Book 125 at Page 336, Montezuma County records; thence South along said East line a distance of 16 feet to the Southeast corner of said parcel conveyed to the Colorado State Highway Department; thence West a distance of 100 feet along the South line of the parcel conveyed to the State Highway Department to the Southwest corner of said parcel; thence S Oo 09' E along the dest line of said 610E4 of said Section 26 a distance of 259 feet to the point of beginning; Subject to right'-of—way and easement for sewer line over the West 10 feet of said property as granted to the Town of Cortez by instrument recorded March 17,1942, in Book 116 at Page 274, records of Montezuma County, Colorado.

SAFEWAY SMORES

INCORPORATED

810- 14TH STREET .... DENVER, COLORADO

Mailing Address: P. 0. BOX 5310, TERMINAL KNNEX .. DENVER 17, COLORADO

January 7, 1958

Montezuma Valley Irrigation Company P. O. Box 1056

Cortez, Colorado

Proposed Store No. 625

NEC Adams Street and Main Street Cortez, Colorado

Gentlemen:

Reference is made to that certain purchase agreement dated September 5, 1957 between the Montezuma Valley Irrigation Company as Seller and Safeway Stores, Incorporated as Buyer. This is official notice that Safeway Stores, Incorporated does hereby exercise said option to purchase.

In accordance with Paragraph FIFTH of said agreement, will you please within thirty days arrange to deposit with the Title Guaranty Company, 1711 California Street, Denver 2, Colorado your deed, conveying said property to Safeway

Stores, Incorporated, together with any title papers required by the escrow agent.

Very truly yours,

SAFEWAY STORES, INCORPORATED

. Rasmussen

Realty Department

Proposed Property Pardus*

NM

Adams street end Main Street

Cortes- 00

0110.

This will ashawsledge receipt

or

letter from Sateway Stores*

ineerporated* Sayer* to the Neatesoms Valley Irrigation Company*

•

Seller* dated January 7* MS* ostereising the Dayerts optima

to purohase the beve *optioned property in oweerdasee with

the agreement 'between both parties dated Soptowber 5* UM

riontimuma Valley Irrigation Meow

Dr

_trfrtuAA'

Title ,

Air.r

SAFEWAY STORES

INCORPORATED

810 - 14TH STREET.... DENVER, COLORADO

Mailing Address: P. 0. BOX 5310, TERMINAL ANNEX .... DENVER 17, COLORADO

December 3, 1957

Montezuma Valley Irrigation Company P. O. Box 878

Cortez, Colorado

Proposed Safeway Store No. 625

NEC Adams Street (If Extended) and Main Avenue Cortez, Colorado

Gentlemen:

We are enclosing a copy of the first survey of the property we have under option from you on which you will note a four inch sewer line and a one inch water line traversing the parcel and servicing the house presently located on the property.

The one - inch water line will be discontinued when the house is removed, but we are concerned about the four inch sewer line which will have to be relocated.

We have shown on the attached survey the recommended relocation of the sewer line which cost will be born by Safeway.

If the above relocation meets with your- approval, please sign and return the enclosed copy of this letter, signifying your acceptance. Also, we would appreciate having any recommendation you might

have about this relocation.

We wish to thank you in advance for your cooperation in this matter, and we will await your early reply.

Very truly yours,

SAFEWAY STORES, INCORPORATED

Realty Department LJII:hb

Copy of this letter signed by

„

December 7,1957

3afeway stores, Inc. Box 5310 Terminal Annex Denver 171Colorado

Attention: Mr. L.J.Rasmusen, Realty Dept.

Dear lir. Rasmussen:

,e enclose copy of your let:er dated DeceNber 3rd the proposed change in the sewer line.

This acceltance is signed by ouv :ice

and we trust it will meet with your appr val.

Very truly yours

he: Proposed Aleway store No. 625

. accepting

President,

THE MONTEZUA VALLEY 'RI IGATION CO.

H.G.Keawn, Secretary

*11';.‘ 1. r N ''''";'1`01ZES, IN( ( )11vt P012 .1,211.31 ; • .4 .4 1,t MAW) September

9 195

0

„I 30:

a

11

ri

I L. 11 Mir 11m0

Montezuma Val ey Irrigation Company Cortez Colorado L- 11m

No.

49- 439484

ESIMUNIMil StEeiMEIGNSENEGI . 1 1-19 6 1210

S

1000,00

N I 'EWA STOR E. IN(( !It PORATED

6.•••." ,

. ,lEji 1ESi1EST,- — 1E'

. '`•• 1.• ;-.4 17 COLORA 1.)

:

Dwlosit in connection with

the

Proposed purchase

of

N.E.C. Adams

ft.f" extended) and Main Street, Cortez, Colorado . t. 1,000.00

No.

49-S B _I,.„.c r -7

S

(iREEMEN

4.11

:lodetht 5th. _{day of September}

ftontazuma lial.Ley Irrigation Company, a Colorado corporation

19 57 , between

oi toe sirsi p•at and hereinafter reierr ii t o as :teller, (which tetrn inciuciestte paay or part tes above named, whether one or more coipcaration5 0, tridivinuals) anc,

Salcway Stores, Incorporated, a Maryland corporation

LtarL ut me se, ono _{I and 1,eri inaiter referred to as Uuyei,} WI -TNESSET11: f•IRST: fhai _{..onside,atioo of toe payment to oeller of the sum of}

One Thousand ahd No/100 -

-—• UOLLA RS 1 , 000 • 00 receipt 01 wilt< it is lietetor at ktiowleoged,• the Setlei heteby grants unto the Buyer the exclusive _{right and option to parch Ac., at any iratr on or} net., e •!:e _{15th av4,1 January}

, 19 58, lot the sum of Sixty Thousand and No/ 10C

-AM., UM OW. . ... T ./,, ...• aMt ... .1.,

.... D01..L A RS ( 60.000.00

that ;- ettati, ploperty, tugethe: with :ill the ilaproveinents and actpurtenances thereon, in the C.i.y of Cortez Couniy oi _{Montezuma -date of Colorado}

,

Beginning at the SWC of the Eli- NE, Section 261 T36N, R1814

New Aexico P. M. thence North a distance of 259 feet; thence right angle East a distance of 100 feet; thence right angles North a distance of

L6 feet; thence right angles East a distance of 160 feet; thence right angles South a distance of 275 feet; thence right angles West a distance

260 feet more or less to the point of beginning.

.1hs s.ii*xottpts and reserves improvements thereon Atillt0A;* and agrewili

- to remove ti _{w same on or berore Apr li 15, 1958, provided ,;his opclug}

has been exerci6ed Of MG Buyer,

SECOND; fhe ere/coif tit this oi.uui. shad be ny written notice mailed or delivered _{by the Buyer to the Selle. at Elie following si0:4iess:}

P. 0. Box 8781 Cortez, Colorado

i}jlP -Buyer ä it thottszecrretireselitatIve

Thrly—ttivie, ad Ilia eipenrel_ ?luring the option period. bersinAseovided_{. or, enret} upon tile tsoperty yagerined in paragraph FIRST neteut for the purpose _{of' making such surveys and site analyses (including}

;nail tests) as 13uyet itty rieein advtsaultir..

4w0I,11;141: It this option to purchase is nut exercised by the

Buyer in the manner and within the time herein limited, then the deposit paid herewito to the Seller snail be retained by the Seller as liquidated

damages and this agreement shall be of no further force or effect, rif _{TB: Upon buyer's exercise of this option as provided for to paragraph}

SECOND hereof, this agreement snail coristiute a contract lot the purchase of the property described in paragraph FIRST hereof, _{upon the following terms and conditions:}

purchase price of _{Sj...xty Thousand and No/100} .irislibe payable as follows: _{(0 One Thousand and No/100} Pains cnr deposit simultaneously paid with the execution and delivery hereof and (2)

No/100

DOLLARS _460,000.00 DOLLARS al _1,000.00

Fifty-Nine Thansand and.

DOLLARS _{f;:!1 59,000.00 .} on the delivery of tho deed and completion or the escrow as hereinafter provided _{and--(34-Mna-Antriessee-4v•w-ireeSwilmmerlsetfit-4449-0104111114-44}

($

secnted by 41 mortgage or a deed of trust (in the form &casually ireerririrrlocality)on _{the real property herein described, said ptpigiagmfy} Rote iq piovicit that the principi _{jauutisit-sPlieretrin5ri be payable on or prior}

IO _{the expiration of}

) years aftOr the date g _{'- -"Mr .KFTeidd. with interest from the date of the escrow}

completion until paid, at the rate of 'ref44111;i1 AO ,1er aorisrwri pwrattle

it. An CheIv. .'Ove4.ng

rJompany

hereinafter relerred to as escrow finyer shall open the escrow and t.30) day perttiti, deposit w i th sa requited by the eacrow ascot or

the purchase and sale of said property shall _{be opened by Buyer with}

Titl GuarantY ,. 1711 California Street, Denver Z,, Uolorad0

. agent, Within thirty (30) days aftet Buyer's _{exercise of the option, pursuant to paragrapriSECOND}

hereof, deposit with said escrow agent an executed copy _{of this agreement and Seller shall, within the same thirty} id escrow agent a grant or warranty deed conveying _{said property to Buyer, together with}

all _{title papers,}

Buyer.

C. titi v er's _{title to said property shall be evidenced by an owner's}

policy of title insurance in the amount of the purchase price

Title Guaranty Company

If title insurance is not available, then Buyer's title shall _{be evidenced by an abstract of title continued to date}

at the expense of Seller, and an attorney's opinion of title based on an examination

of said abstract written by Buyer's attorney at the expense of Buyer. Seller represents and warrants that, at the rime of the completion _{of the escrow, Seller will have a good and inerchastably}

title to said property, cubiect only to ctifrent taxes nor yet deliquent, and that _{said property shall be free *nd clear of all other matters}

except such as may be atirprowd and *,:capted by Ortynt, trk _{writing. Said ocher matters shall include, bat shall not be limited}

tc the following: all encumbrances, eatiument.t. ,,,;,•1'104 of WY4+, tenigIcien, rental agreements,

reservstiona, and covenants, conditions or restrictions which are unaccept-:oar, to hiuy,n it srnich ,Artrinie far a forfeiture of the title _{to said property or which prohibit or restrict the erection}

of the necessary atnac-haird ai rgiirtas fog*, kit trio operation of, a retail business _{on said property or the sale of alcoholic beverages therefrom.}

Seller agrees ru..ulsh Buyer with copies of all written leases, tenancies

and rental agreements and to advise Buyer hilly as to those _{which are not} written. Should the title to said property wove to be defective,

uninerchantable or unacceptable to Buyer, then Buyer shall inform both the Seller and the escrow agent, in writing, as to the _{ttera which are oaacceptable to Buyer sad Seller shall thereupon}

make every effort to correct the matters which are _{unacCertrshr. !P,1 ro,v, • , N}

ti4

O. Satter katiott rafDente and WriWants thrw'i OA& time o,rif cotivietide of roe escrow (1) them will be wo eeseate rak4el4a of way a.rei;glaa auk propreity Coe?lu Or& iii5 mfaY 5411Pgsfu`ftif y Bayer (2) said property WM tattled to the Street list emsfl adjaceerwituceot, èere will be nu soitCstrfees os wilfbrisina ;encroach oar add property and no suuctuires on said property whits encroach ou satiolaitia oropertat End ;had tarytair filra' tit alga • Wreath kOlt wipteii expellee) a survey which will confirm the representations L.A.. ,satraist:oi;s dere tiros* in Mix partite:WO cdttes1114.41; (3) thew will be public uttlidea providing Water, light,- gas, telephone and *Wm and sattletiry. brewer

sere-iu urraliaat.s *M. siil ProPtr.17; nod (4) Vain 6,(rveriv will at zoned lot retail bus:ness asae. Seller agrees, if said property it. opt sinned rex terali 4C5uotige ei`;:tn aline caialyees excreta* of de ovicro to purchase pursuant ati paragraph SECOND lierstett, Seller will ithtntatietY (Sa) Jallall fault yera a :ten tee Di said aurcrteise option fi ta applicaCion to have said property rearmed ior retail iimeirreas eradiate, or In tee **ant Of the priar agrearneett of 'buyer to Mt obtatairta of a •arlance i‘or the prooused use oi sis property, an applo:atiog rot such variance; arta bailer %LOP reta to gage sac* further steps as are navigate/1, tu promptly turd properly proCe:s said appticatigft,ualeart t£4yer at tad Inlay of 4gIiitini the Itioreaniti Option notifies Seller that Naar desires to file and process said application. aa such evert, 'itriller ewes !lost taltraer ratty proceed 14 filatend process tat iiecessary appl1ettlon in Buyer's name, or at Buyer's election, in dog name 04 sod aa Lanett of aeller,autiasitslugn whet aaitatt as are necessary to obtain said rezoning or variance; and Seiler further agrees to fully cooperata :vthibuye. ra sir taut eeerinas taken 'in Connection with th'eoliatirning of such rezoning or variance. All costs sod expenses iacurred in connec-'Jou lat ate iiiing cno processing af suir.4 appiication shall be paid by .he obtaining of such rezonluig or such Yet...ince shalt trt.rt tv aoria idargasa cuu,pia te an al any review or appeal is tAngiYaetermined by the highest governing body or -44nuise,.. etatirotia.ed todeterioike Mittiof, ur oatil the time rat such appeal or review has eaptted, whichever time is the later; and if a suit is brottaht io declare the rezoniag or ate ylf(14441t:oinv1jO,butt, rezoning or such variance shall .not C_Onsidered complete until a finoti iudgatrat in decent has bafin erred and ,h, bine, for ippool theretroii, aaa enpireo, of i an appeeil is waren therefrom,liatil the appeal .h ere finally 1eart deteriejortd.

7. ‘virnin tweary 0)tgya crier Creller has compried with he agreemeats, representations and warranties hereinbetram merle iry Seller, all necessary proceedings tor e rezontng on said property or the obtaining of a valiance with regard th reto nave been completed herein- , above provided, (inCludirr3 diaaspissclurx o any time periods for si;Itutory appeal or review), and Buyer ias received written advice from the escow agent that the latter iatprepare0 to complete the escrow, in aeeping w;th the terms and provisions hereof, Buyer shall despoil Opt

koes;.-dliee cit the pu;ahase pricy (iticluding any required promissory notes, aoorqtages or deeds of trust) with the acrow agent, together Itite Slayer- ' closing insnuctions. Stould Buyer fail to deposit the balance of he purchase price arid the closing inanuctions as airairassiii, then Skalti. 011 Seiler's:. option, may termir.te this agreement on the giving of I ten (10) days' written notice to both the escrow agent ana Buyer, anci t3uyer''r deratili. is not cured within such ra n (10) d ay per iod, the n Seller may retain the deposit paid to Seller at fife rime of the earcutionot this agreemeot as liquidated damages. If Seller has not complied with die agreements, representations ariti warrsatiest, latttettsbaarea maoe i, Selki. ,t ota uir&SLtWigOi 4Y accesas itgOn-LOS ad 04. vAtjani..e with ixgaid to slid ticoPeaty has not ocen COMPliet Affr

pr ov i rfeii Alucluourg toe expiratiitimeii 01 any time periods for statutory appeal or review) within six (6) Mtho* Buyer'S cirerti oi fil't option pursuant to paragraph SECOND hereof, or on or before such extended period as the patafts hereto may aftibreiteareatte .41 suiting. 4ien.--.14uV=.'‘. 441 huYea's doh, maY-aertaintur nats adtreernerrd on ft. siting_of A teri.(1(1) days' written nonce at" btatta die escrow amerit iaai Seller. id (he f:Yent sit sucn termination by Buyer, Seller shall repay to Buyer the deposit _{_} paid at the time or'theitecutioadf rras_{_ _ _} .4ereerilfrol ,

_

4. Sitotrne die imoveryrinarretrent rime peeparme lett -ieerratterryreei-ehr -isea o4aist OIKPOWellorried -kr *or mratituar eseeParra in Buyer, Coen buyer. a buyer's option, area': (1) telteiluitat -Add 4.11.0111dtst 1111/0.1*re 13 stir thedepaafp Alf Se+lerrovelt cowry, te-tirt,-elereirwas• esrbil• isersperey r-eiels sera tratebtme priers redo-odd iv- oit-Orlimmsell maws& se the Wee or slatatapae statlasame y attisi imam. see A141.1 ni

(ararent tents, water charges and antes, shall be adjusted and prorated as of the date of vesting or tide in Buyer; algae/ Moon tot improvamenta completed pi lot ,,t) the date hereof, whether levied or not, the cost of revenue stamps, notary tees anti eg.penses or plaarila

tide in proper condition shall be paid in full by Seller. The cost of recording the deed shall be paid by Buyer. The title insurance pro -(arum comae shall bepaiu ba Buy The escrow fee shall be paid one-half by the Seller and owa-tialf

by the ftuyeBuyer

a, eattat agrees, on completion of the escrow and Buyer's sacquisition of title to the property, to pay a peal estate teatte.age torn-tittalittiti it1 Ow amount 01 Three Thousand and No/100 - - --

.. ,I. •-• .4- • ‘. 10.

1.0 4. ,...., ,4. 4. 164 1. A. ...A 4... ... .... ... ... ...., M .. 4. d. .4 4. .. 4. 0114 _{DOLLARS (S 3,O00.00}

ra _{Garrett-propifield &Company} , security - Building

Denver 2, Colorado

i iieIebee bee n in formed that Buyer's a gr re tarn; so purchase the popper ry described in paragraph t•:114,ST bat.,•4 is corabitiossr, l atien iluyairtis-useeleivaree, 4110-001 PeT (is:facto-1/ysi fbmiet, oi aMi-ac-,ns pooperty deoffiri4ife4 aa follow a:

1,, Seiler

warmnts

that it will within GO days from escrow completion, remove the residence now upon the premises.

sawyer *wait awirea *west paiewaa of rainy tra *hail be necessary ter weesimpliph dririmeteireee Istriskarisiment per eery.

rgevi4rio

Barre, .411,0 alliaeace appropriate ta, the circumstances. lite time for the completioa of dear eittelle•Ite erttelerthreipory and for the tiosini,

or- Osc.oe shall h.: 4,11001AtIcIfily eatermaed withotat further action by Buyer until such time as Buyer has Lompleted toe pu.chast: 411,seas gradated ire-41er in writing thee Fhree-r haa aberatoned Neyer'• erseittat so wimples, the immense starreor.

as herein used. the singular number includes the plural :ind the masculine gender includes the feminine and the N euter.

IN WITNESS Wilia:REOF, each of said parties has signed this agreement. Mo tezu a

SeXeway Stores, Incorporated neal EstaT.e Department

y,

By:

rrigat

'airp Comiany

,t4 1- 10P S(d?"11

2y°

wBC-304,

PARTIAL RELEASE OF MORTGAGE For and in consideration of the sum of One

Dollars to it paid by The Montezuma Valley Irrigation Company

of Cortez Colorado , the WICHITA BANK FOR COOPERATIVES

does hereby release and discharge the following Real property situated in the County of Montezuma and State of Colorado to-wit:

A tract of land described as follows: Beginning at the Southwest corner of the SE4N.E4 of Section 26, Township 36 North, Range 16 West, N.M.P.M.; thence N 890 41 E along the South line of said NE4 a distance of 260 feet; thence N 0° 091 W a distance of 275 feet;

thence S 89°

W

a distance of 160 feet to a point on the East line of the parcel of

land conveyed to the Colorado State Highway Department by deed recorded in Book 125 at Page 336, Montezuma County records; thence South along said East line a distance of 16 feet to the Southeast corner of said parcel conveyed to the Colorado State Highway Department; thence West a distance of 100 feet along the South line of the parcel con-veyed to the State Highway Department to the Southwest corner of said parcel; thence

0° 091 E along the West line of said SE4NEt of said Section 26 a distance of 259 feet to the point of beginning; SUBJECT to right of way and easement for sewer line over the West 10 feet of said property as granted to the Town of Cortez by instrument

recorded March

17,

1942, in Book 116 at Page 274, records of Montezuma County, Colorado

from the lien and effect of a certain Real Estate Mortgage, dated

January

6

,

19 56 , executed by

Cortez

The Montezuma Valley Irrigation Company

Colorado , Mortgagor,

to the WICHITA BANK FOR COOPERATIVES, Mortgagee, which mortgage is recorded and filed in the office of the Recorder of Montezuma County,

Colorado , on January 21 , 1956in Book 21),, _{on Pages 22-39,}

, WITHOUT RELEASING ANY OF THE OTHER SECURITY IN SAID MORTGAGE DESCRIBED OR AFFECTING THE INDEBTEDNESS SECURED THEREBY.

Dated at Wichita, Kansas, this 10th day of February _, 19

58

(Seal) ATTEST: ASA. Se etary STATE OF KANSAS SS. COUNTY OF SEDGWICK ACKNOWLEDGMENT

WICHITA BANK FOR COOPEttATIVES

B Ae

— President

Before me, Erla F. Hutchinson , a notary public in and for said County and State, on this 10th day of February , 19 58 , Personally

appeared Fred R. Merrifield , to me know to be the identical person who subscribed the name of the Wichita Bank for Cooperatives to the foregoing instrument as its — — President and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth.

Notary Public My commission expires May 24, 1960

REAL ESTATE LOANS,INSURANCE PROPERTY MANAGEMENT LAND DEVELOPERS SUBDIVIDERS ACOMA 2-8621

Gan:EH-Br

Onifield.

Lo.

REALTOR

650 SEVENTEENTH STREET

Denver

August

71 1957

Mr. N. E. Carpenter, President Montezuma Va3ley Irrigation Company P. 0. Box 878 Cortez, Colorado Dear Mr. Carpenter: STOCKS.BONDS INVESTMENT SECURITIES APPROVED F. HA. MORTGAGEE

In accordance with your instructions in our telephone conversation Tuesday, I am writing this letter in order to ac-quaint you with the happenings concerning the parcel of land owned by the Irrigation Company on Main Street in Cortez.

Upon returning to Denver the week following my visit with you in Cortez I informed Safeway that the Board of

Directors of the Irrigation Company had never nut a price on the Company's property on Main Street, nor had they ever placed it on the open market for sale. I did discuss with Safeway, however, that you had indicated that the Board of Directors of the Irrigation Company might seriously consider an offer of $60,000 net to the Company for the purchase of 260 feet

frontage by

275

feet depth.

In light of the foregoing the Denver District Office of Safeway Stores, Incorporated, has indicated that they would be interested in the purchase of this property. They have further indicated that they might get authorization from their headquarters in Oakland, California, to enter into a contract to purchase this land from your company. It is doubtful, how-ever, that any final authorization from Oakland can be obtained

prior to your board meeting of Tuesday, August

13.

As soon as this approval is forthcoming I will get in touch with you so that we can arrange a meeting and I can submit a contract for your consideration.

Your,s verj truly,

AAA.,

Van Holt Garrett,

X‘`

"kXXXX

\ASV

Garreit-Bromfield &Go.

650 SEVENTEENTH STREET DENVER 2 COLORADO 7 ( /3O . 1957,. Mr. N. E. Carpenter, President Montezuma Valley Irrigation Company

P. 0. Box 878

Cortez, Colorado

I.J.S.POSTAGE

a r,/1/. I

a

REAL ESTATE LOANS,INSURANCE PROPERTY MANAGEMENT LAND DEVELOPERS SUBDIVIDERS ACOMA 2-862I

kaFFE1113170111F1E1a

a

Ea

R

E A LT 0

R

650

SEVENTEENTH STREET

DellVEF

October 30, 1957

Montezuma Valley Irrigation Company Cortez, Colorado Attention: Mr. Carpenter Gentlemen: STOCKS_BONDS INVESTMENT SECURITIES APPROVED F. N.A. MORTGAGEE

Since having talked with you recently in Cortez, I have con-tacted another major oil company who would definitely be interested in purchasing the corner of your property next to the Safeway store. I am wondering if you have had an opportunity to discuss this matter with the Board of Directors to determine what you would consider a fair price for this property.

This company's representative plans to be in Cortez next

week, and I have indicated the property to them so that they may

in-spect it on the site.

Yours very truly,

GARRETT-BROMFIELD & COMPANY

H. F. Frerichs

Commercial - Industrial Department

HFF/br