HomeMy WebLinkAbout750517.tiff x:01 OH - RI OFONFORM 342 FORM 00 :4700
4i TO OWNER S PO!F0Y-FORM e-1!T
AMENDED 10-17-70'
Policy of Title Insurance
Issued by
TransanwricaTitle Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called
the Company,insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys'fees and expenses which the Company may
become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed
by its duly authorized officers as of Date of Policy shown in Schedule A.
Transamerica Tale Insurance-Company
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SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim-
ant had paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in
de-
The following terms when used in thispolicy mean: writing (i) in case any action or proceeding is begun or fense is interposed as set forth in (a) above, (ii) in case knowl-
(a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of title
subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest,
against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which
of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (iii) if
purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un-
devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the
corporate or fiduciary successors. Company, then as to such insured all liability of the Company
(b) "insured claimant": an insured claiming loss or dam- shall cease and terminate in regard to the matter or matters
hereunder. for which such prompt notice is required; provided, however,
age
that failure to notify shall in no case prejudice the rights of any
(c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall be
knowledge or notice which may be imputed to an insured by prejudiced by such failure and then only to the extent of
reason of any public records. such prejudice.
(d) "land": the land described, specifically or by reference (c) The Company shall have the right at its own cost to
in Schedule A, and improvements affixed thereto which by law institute and without undue delay prosecute any action or
constitute real property; provided, however, the term "land" proceeding or to do any other act which in its opinion may be
does not include any property beyond the lines of the area necessary or desirable to establish the title to the estate or
specifically described or referred tom Schedule A, nor any interest as insured, and the Company may take any appro-
right, title, interest, estate or easement in abutting streets, priate action under the terms of this policy, whether or not
roads, avenues, alleys, lanes, ways or waterways, but nothing it shall be liable thereunder, and shall not thereby concede
herein shall modify or limit the extent to which a right of liability or waive any provision of this policy.
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action
other security instrument. or interposed a defense as required or permitted by the pro-
(f) "public records": those records which by law impart visions of this policy. the Company may pursue any such
constructive notice of matters relating to said land. litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF (e) In all cases where this policy permits or requires the
TITLE Company to prosecute or provide for the defense of any action
The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to the
Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such
retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the
ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for
chaser from such insured, or so long as Wit insured shall such purpose. Whenever requested by the Company, such
have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such
such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence,
interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action
force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured
said estate or interest or the indebtedness secured by a pur- for any expense so incurred.
chase money mortgage given to such insured.
4. NOTICE OF LOSS—LIMITATION OF ACTION
3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph 3(b)
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations, a statement in writing
(a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company
delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Company
tion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall have been de-
such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured
action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been
in said land, to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage
an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this policy
against by this policy. as to such loss or damage.
Continued on Front of Back Cover
V
FORM NO. C-SOOO-1
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10-17-70)
SCHEDULE A
Amount of Insurance$ 30,000.00 Policy No. 25005990
Date of Policy December 24, 1975 Order No.
8:00 A. M.
1. Name of Insured:
COUNTY OF WELD, STATE OF COLORADO, a body corporate
and politic
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
COUNTY OF WELD, STATE OF COLORADO, a body corporate
and politic
Sheet 1 of 4
rTh
FORM NO. C-6000-2 - •.
FOR UEE WITH COLORADO MOON LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED ID-17-70)
FOR USE WITH COLORADO REGI0N AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM S-1970 (AMENDED 10-17-70)
Policy No. 25005990
Order No.
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of Colorado,County of
Weld , and is described as follows:
A tract of land located in the Si of Section 1, Township 5 North,
Range 65 West of tin 6th P.M. , WELD COUNTY, COLORADO, lying North
and West of the Ogilvy Ditch as the same is now constructed, and being
more particularly described as follows:
Beginning at the North Quarter Corner of said Section 1, and-considering
the North-South centerline of Section 1, as bearing South 00° 33 ' 14"
West, with all other bearings contained herein being relative thereto;
Thence South 00° 33' 14" West, along the North-South centerline of
said Section 1, 3175.57 feet to a point on the Southerly R-0-W line of
Colo. State Hwy: No. 263, said point being the True Point of Beginning;
Thence North 78° 10'', 11" East, along the. Southerly R-O-W line of said
Colo. State Hwy. No. 263, 1413.92 feet to a point on the approximate
Northwesterly R-O-W line of the Ogilvy Ditch as the same is now con-
structed; Thence along the approximate Northwesterly R-O-W line of
said Ogilvy Ditch by the following • courses and distances;
South 16° 52' 20" East, 144.00 feet;
South 21° 42' 45" East, 210.97 feet ;
South 09° 28' 09" West, 84.09 feet;
South 50° 06. 41" West, 103.06 feet;
South 77° 33' 22" West, 135.50 feet;
South 79° 23' 31" West, 402.37 feet;
South 77° 44' 05" West, 188.75 feet;
South 34° 47' 38". West, 382.62 feet;
South 63° 47'' 35" West, 127.25 feet;
North 82° 05' 07" West, 63,15 feet;
North 43° 15' 05" West, 152.37 feet;
North 60° 38' 55" West. 214.30 feet to a point on the North-South
centerline of Section 1 ; Thence North 76' O2' 33" West, 67.72 feet ;
Thence North 02° 58' 31" West 394.35 feet to a point on the Southerly
R-O-W Line of Colo. State Hwy. No. 263;
Thence North 78° 10' .11" East, along the Southerly R-O-W line of Colo.
State Highway No. 263, 92.30 feet to the TRUE POINT OF BEGINNING.
•
FORM NO.C-3OOO-a •
FOR USE WITH COLORADO REGION AMERICAN'LANO TITLE ASSOCIATION OWNER'S POLICY-9ORM F 1970 (AMENDED 10-17-70)
Policy No. 25005990
Order No.
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements,or claims of easements,not shown by the public records.
3. Discrepancies,conflicts in boundary lines, shortage in area,encroachments, and any facts which a con
rect survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by
law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service,or for any other special taxing district.
•
6. Right of way for county road 30 feet wide on either side of section
and township lines as established by Order of the Board of County
Commissioners of Weld County, Colorado, recorded October 14, 1889,
in Book 86 at Page 273, Weld County Records.
7. Right of way for irrigation .Ditch as granted to L. Ogilvy, by Deed
recorded February 8, 1889, in Book 76 at Page 80, Weld County Records.
8. Right of way as granted to Weld County, by instrument recorded August 2,
1939, in Book 1048 at Page 357, Weld County Records.
9. Easement as granted to Weld County,_ by instrument recorded May 27,
1946, in Book 1179 at Page 582, Weld County Records.
10. An undivided one-half interest in and to all oil, gas and other minerals
that may be found, in, upon or underlying or that may be produced from
said premises for a period of 20 years, provided however, that if a
commericial oil and ghs well is developed on said premises on or before
20 years from the date hereof then reserving said one-half interest to
• said grantor, his heirs and .assigns -forever, it being the intention of
said grantor that the one-half interest reserved herein will revert to
the owner of the above described premises 20 years from the date hereof
if no commericial oil or gas well is developed thereon within said period
of time, as reserved by Harold Sandberg in the deed recorded March 20,
1952, in Book ],,a26 at .Page. 548, Weld County Records, and any and all
assignments thereof or interests therein.
11. An undivided I interest in and to all oil, gas, and other minerals in
and under and that may be produced from said lands as conveyed to
Chas. E. Mallo and Tressie M. Mallo, by Mineral Deed, recorded December 1,
1953, in Book 1376, at Page 59, Weld County Records, and any and all
assignments thereof or interests therein.
FORM NO.68000-2
S OA OK WITH OOLORADD IR61ON waRIGM L71M0 TITLE ASSOCIATION LOAN FOLIC. -170 (AMENDED 10-17.70)
flat WITH COLORADO LAND TITLE ASSOCIATION OWNER'S POLJC►-FORM o-I970 (AMENDED 10.17-70)
Policy No. 25005990
Order No.
SCHEDULE B—Continued
12. An undivided I interest in and to all oil, gas and other minerals
underlying said lands as reserved by Grace Kight Gatewood and
Jos_e�ph S. Gatewood, in the Deed recorded December 1, 1970, in
Book 636 as Reception No. 1558272, Weld County Records, and any and
all assignments thereof or interests therein.
13. Right of way as granted to the Mountain States Telephone and Telegraph
Company, by instrument recorded July 6, 1972, in Book 671 as Reception
No. 1592992, weld County Records.
14. Terms and conditions as contained in the Agreement recorded December 23,
1963, in Book 306 at Page 328, Weld County Records.
15. Right of way as granted to Weld County, by instrument recorded September
23, 1940, in Book 1068 at Page 310, Weld County Records.
16. Terms, agreements, provisions and conditions and Obligations as con
tained in the Agreement, recorded December 23, 1963, in Book 500 as
Reception No. 1424405, Weld County Records.
1"--\ !�.
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•
Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered
ent under this policy to
his policy amountsaid insured ownerl
be deemed a paym
The Company shall have the option t pay or otherwise
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more
the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab-
costs, attorneys' fees and expenses incurred up to the time lished affecting one or more. of said parcels but not all, the
of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if
ant and authorized by the Company. the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent
to Date of Policy, unless a liability or value has otherwise
(a) The liability of the Company under this policy shall been
ninsu insured upon
to each such hi$p reel of the Company policy and
and
in no case exceed ac the least o of: thshown by an express statement herein or by an endorsement
(i) the actual loss of the insured claimant; or attached hereto.
(ii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under
costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company
shall be subrogated to and be entitled to all rights and reme-
(c) When liability has been definitely fixed in accordance dies which such insured claimant would have had against any
with the conditions of this policy, the loss or damage shall be person or property in respect to such claim had this policy not
payable within 30 days thereafter. been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect
No claim shall arise or be maintained under this policy ' such right of subrogation and shall permit the Company to
a it the Company, after having received notice of an alleged use the name of such insured claimant in any transaction or
( ) pa y. litigation involving such rights or remedies. If the payment
defect, lien or encumbrance insured against hereunder, by does not cover the loss of such insured claimant, the Company
litigation or otherwise, removes such defect, lien or encum- shall be subrogated to such rights and remedies in the pro-
brance or establishes the title, as insured, within a reasonable portion which said payment bears to the amount of said loss.
time after receipt of such notice; (b) in the event of litigation If loss should result from any act of such insured claimant,
until there has been a final determination by a court of corn- such act shall not void this policy, but the Company, in that
petent jurisdiction, and disposition of all appeals therefrom, event, shall be required to pay only that part of any losses
adverse to the title, as insured, as provided in paragraph 3 insured against hereunder which shall exceed the amount, if
hereof; or (c) for liability voluntarily assumed by an insured any, lost to the Company by reason of the impairment of the
in settling any claim or suit without prior written consent of right of subrogation.
the Company.
12. LIABILITY LIMITED TO THIS POLICY
B. REDUCTION OF LIABILITY
This instrument together with all endorsements and other
All payments under this policy, except payments made for instruments, if any, attached hereto by the Company is the
costs, attorneys' fees and expenses, shall reduce the amount entire policy and contract between the insured and the
of the insurance pro tante. No payment shall be made without Company.
producing this policy for endorsement of such payment unless Any claim of loss or damage, whether or not based on
lthe policy lost or shall be furnished u, in which t the e satisfaction i such negligence, and which arises out of.the status of the title to
the hss or destruction be to of the estate or interest covered hereby or any action asserting
Company. such claim, shall be restricted to the provisions and conditions
and stipulations of this policy.
9. LIABILITY NONCUMULATIVE No amendment of or endorsement to this policy can be
It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto
under this policy shall be reduced by any amount the Corn- signed by either the President, a Vice President, the Secretary.
pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized
shown or referred to in Schedule B hereof which is a lien on signatory of the Company.
the estate or interest covered by this policy, or.(b) a mortgage
hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any
policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company
ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company,
be payable hereunder to the insured owner of the estate or P. O. Box 605, Denver, Colorado 80201.
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