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HomeMy WebLinkAboutKEATING NO. 1 - ANNEXATION & ZONING - 62-98 - LEGAL DOCS - LEGAL DOCUMENTSJAN-07-99 THU 03:44 PM FAX NO. P. 09 EXHIBIT A LEGAL DESCRIPTION Of 1R ROPE Beginning at the Southeast corner of the Southeast Quarter of Section 7, 'township 6 North, Range 6B West of tpe 6th P.H., Larimer County, Colorado] thence North along the Eaet line of maid Southeast Quarter 1319.8 feet, thence West 2538.16 feet to the Rant line of the railroad right-of-way; thence North 0 degrees 25 minutes W 639.7 feet; thence East 2542.4 feet to the East line of said Southeast Quarter; thence South along said Southeast line 639.7 feet to the point of beginning. TOGETHER WITH an easement for an irrigation ditch over and across that part of maid 931/4 lying North of the above -described property, such easement being along the ditches as now exist thereon which provides rater to subject property. JAN-07-99 THU 03:44 PH FAX NO. P. 08 full force and effect on the date hdreoft and such righter Powers and authority shall remain in full force and effect hereafter until midnight of 7-3/-Zou o Roger N ker STATE OF c7V'i6 ) ) so. COUNTY OF orroww --) 'IThe foregoing instrument was acknowledged before me this 1� day of �_r 1998 r by R WITNESS my hand and official seal. My commission expires$ Dolpa S.LOMBARDY .� � « 2000 Notary u c my coffillwh SPECIMEN SIGNATURE OF AGENT-9 Terry J. Keating JAN-07-99 THU 03:44 PM FAX NO. P. 07 deal with any real or personal property, tangible or intangible, or any interest therein, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; B. Banking Powers: To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; F. Motor Vehicles: To apply for a Certificate of Title upon, and endorse and transfer title thereto, for any automobile, truck, pickup, van, motorcycle or other motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment; G. Business Interests: To conduct or participate in any lawful business of whatever nature for me and in my name; execute partnership agreements and amendments thereto) incor- porate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; elect or employ officers, directors and agents; carry out the provisions of any agreement for the sale of any business interest or the stock .therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options; If. Tax Powers: To prepare, sign and file joint or separate income tax returns or declarations of estimated tax for any year or years: to prepare, sign and file gift tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift -splitting provision or other tax election; and to prepare, sign and file any claims for refund of any tax; I. Safe Deposit Boxes: To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box; and any institu- tion in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my agent to exercise this power. 2. Interpretation. This instrument is to be construed and interprets as a general power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to my agent. 3. Third -Part Reliance. Third parties may rely upon the representations o my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to exercise any power. 4. Disab� of Principal..: This General Power of Attorney s a l not e a ected by my disability. 5. Life Insurance on Life of Agent. Notwithstanding any other prow son o s Genera Power of Attorney, my agent shall have no rights or powers hereunder with respect to any policy of insurance, owned by me, insuring the life of my agent. 6. Commencement and Termination Date. All rights, powers and authority of said attorney -in -fact to exercise any and all of the rights and powers herein granted shall commence and be in - 2 - JAN-07-99 THU 03:43 PH FAX NO. P. 06 poaIII GENERAL POWER OF ATTORNEY I , Roe los3e , the principal, of Pwrmr , Ohio , ea gnate of Lorimer County, y- n- Colorado, my attornefact an agent lsubseq�ry called agent) in my name and for my benefit: 1. General Grant of Power. Except as expressly provided to the contrary in Paragraph f7to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, trans- action or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the following specifically enumerated powers. I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power of substitu- tion or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause. to be done by virtue of this General Power of Attorney and the powers herein granted. A. Sale and Purchase of.Real Property: To contract for the sale, purchase or conveyance, execute real estate listing agreements, leases, promissory notes, closing documents, settle- ment statements, disclosure documents, assumption documents, agreements, warranty deeds, deeds of trust, mortgages, easements, rights -of -way and all other documents of conveyance, purchase or documents evidencing an interest in real property to any person or persons for such amount or amounts, and upon such terms and conditions as my agent shall deem proper, and in my name, whether individually or in a fiduciary capacity, to make, execute, acknowledge and deliver the aforementioned documents, together with all other instruments or documents necessary. to effect the sale, purchase, conveyance or encumbrance of the real property described as follows, to -wit: SEE ATTACHED EXHIBIT A B. Powers of Collection and Payment: To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notices, inter- ests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, profit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents of title, all property, real or personal, intan- gible and tangible property and property rights, and demands whatsoever, liquidated or unliquidatedI now .or hereafter owned by, or due, owing, payable or belonging to me, or in which I have or may hereafter acquire an.interest, to have, use and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts or other sufficient discharges for the samet C. Power to Acquire and Sell: To acquire, purchase, exchange, grant options.to sell and sell and convey real or personal property, tangible or intangible, or interests therein, on such terms and conditions as my agent shall deem proper and in my name to make, execute, acknowledge and deliver a good and sufficient dead, mortgage, deed of trust, promissory note or other instrument of indebtedness for whatever purposet D. Management Powers: To maintain, repair, improve, invest, manage, insure, rent, lease, encumber and in any manner JAN-07-99 THU 03:43 PM FAX NO. P. 05 EXHIBIT A LEGAL DESCRY TP ION oP. PTS� ROPE= Beginning at the Southeast corner of the Southeast Quarter of Section 7, Township 6 North, Range 68 West of the 6tb P.H., Larimer County, Colorado= thence North along the Fast line of said Southeast quarter 1319.9 feet, thence West 2S30.16 feet to the East line of the railroad right -of -gray; thence North 0 degrees 2S minutes W 639.7 feet; thence East 2S42.4 feet to the Sant line of said Southeast Quarter; thence South along said Southeast line 639.7 feet to the point of beginning. TOGETHER WXTH an easement for an irrigation ditch over and across that part of said SE1/4 lying North of the above -described property, ouch easement being along the ditcher as now exist thereon Which provides water to subject property. JAN-07-99 THU 03:43 Ph FAX N0, P. 04 full force and'effect on the date hereoff and such righter powers and authority shall remain in full force and effect hereafter until midnight of S it ey No ker STATE OF Di/i6 ) so. COUNTY OF The foregoing instrument was acknowledged before me this ?5!1 day of e_41 _. 1998# by o WITNESS my hand and official seal. My commission expires DONALD S. LOMBAFVY tjotwv PAM -sus of Cho My CMW&vi*" 60= 90PL 16, 2M 'f'��_ X J ` _ SPECIMEN SIGNATURE OF AGENTS Terry S. Keating - 3 - JAN-07-99 THU 03:42 PH FAX NO. P. 03 deal with any real or personal property, tangible or intangible, or any interest therein, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; E. Banking Poweraz To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; F. Motor Vehicles: To apply for a Certificate of Title upon, and endorse and transfer title thereto, for any automobile, truck, pickup, van, motorcycle or other motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment; G. Business Interests: To conduct or participate in any lawful business of whatever nature for me and in my name; execute partnership agreements and amendments thereto; incor- porate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; elect or employ officers, directors and agents; carry out the provisions of any agreement for the sale of any business interest or the stock therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options; B. Tax Powers: To prepare, sign and file joint or separate income tax returns or declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to giftts andtosby me for utilize any gift -splitting ar or years; to consent to any g provision or other tax election; and to prepare, sign and file any claims for refund of any tax; I. Safe Deposit Boxes: To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box; and any institu- tion in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my agent to exercise this power. 2. Inter retation. This instrument is to be construed and interpratea-a-9---a-g-e-n—e-r-aI power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to my agent. 3. Third -Part Reliance. Third parties may rely upon the representation epresentat ons o my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to exercise any power. 4. Disability of Principal., This General Power of Attorney shallot be attecte3 y my disability. 5. Life Insurance on Life ofAgent. ent. Notwithstanding agent shall l other provision Othis enera Power o ttorney, my g have no rights or powers hereunder with respect to any policy of insurance, owned by me, insuring the life of my agent. 6. Commencement and Termination Date. All rights, powers and author L the rights aand powersherein - exercise granted shall commence and be in - 2- JAN-07-99 THU 03:41 PM FAX N0, P. 02 poalIt GENERAL POWER OF ATTORNEY I es k , the principal, of Parma , Ohio , gnate ,Terry J.Kea tlnQ of Larimer county, Colorado, my attorney -in -fact an agent (subsequently called agent) in my name and for my benefit: 1. General Grant of Power. Except as expressly provided to the contrary n Paragraph b, to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, trans- action or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the following specifically enumerated powers. I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power of substitu- tion or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this General Power of Attorney and the powers herein granted. A. sale and Purchase of.Real Property: To contract for the sale, purchase or conveyance, execute real estate listing agreements, leases, promissory notes, closing documents, settle- ment statements, disclosure documents, assumption documents, agreements, warranty deeds, deeds of trust, mortgages, easements, rights -of -way and all other documents of conveyance, purchase or documents evidencing an interest in real property to any person or persons for such amount or amounts, and upon such terms and conditions as my agent shall deem proper, and in tmy name, whether individually or in a fiduciary capacity, to acknowledge and deliver the aforementioned documents, together with all other instruments or documents necessary. to effect the sale, purchase, conveyance or encumbrance of the real property described as follows, to -wit: SEH AT'li1CHED EXHIBIT A B. powers of Collection and Paymentt To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notices, inter- ests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, profit-sharing ' rofit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents of title, all property, real opersonal, and demands intan- gible and tangible property and propertyrights, whatsoever, liquidated or unliquidated, now .or hereafter owned by, or due, owing, payable or belonging to me, or in which I have or may hereafter acquire an.interest, to have, use and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts or other sufficient discharges for the same: C. Power to Acquire and Sell: To acquire, purchase, exchange, grant options. to sell and sell and convey real or personal property, tangible or intangible, or interests therein, on such terms and conditions as my agent shall deem proper and in my name to make, execute, acknowledge and deliver a good and sufficient deed, mortgage, deed of trust, promissory note or other instrument of indebtedness for whatever purpose] D. Management Powers: To maintain, repair, improve, invest, manage, insure, rent, lease, encumber and in any manner �7 JAN-07-99 THU 03:41 PM FAX NO. P. 01 MARCII & LILLY, P.C. 110 FAST OAK STREET, SUITE 200 FORT COLLINS, CO 80524-2880 PHONE,: (970) 482-4322 FAX: (970) 482-5719 FAX COVER SHEET TO: Ron Fuchs FROM: Art March FAX NO: 416-2020 CLIENT: DATE: January 7, 1999 TIME: 3:31 pm FILE NO: TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 9 Please notify Lorraine at (970) 482-4322 if all pages are not received. MESSAGE: I am faxing you General Powers of Attorney for Shirley and Roger Nosker. Please call if you have any questions. Art March NOTE: TIIF INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNP.,Y PRIVILEGFT) ANUyCON '( r1MAL NFORMATION INTENDED ONLY FOR THE. USE OF THE INDIVIDUAL OR FNI-aY NAMED ABOVE. IF TIIF, READER OF THIS MESSAGE IS NOT WE INTENDED RECIPIENT, OR THr. EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO TIIF INTENDED RECIPIENT, YOU ARE IIEREBY NOTIFIED TTTAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF TIITS COMMUNICATION IS STRICTLY PROIIIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE TMT`4FDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGF. TO US AT TIM ABOVE ADDRESS VIA TIIE U.S. POSTAL SERVICE.