HomeMy WebLinkAbout20120609 RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE
CHAIR TO SIGN ALL NECESSARY DOCUMENTS-A &W WATER SERVICE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Purchase of Real
Property between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and A &W Water
Service, Inc., 1892 Denver Avenue, Fort Lupton, Colorado 80621, with further terms and
conditions being as stated in said agreement, with said property being located in the SW1/4 of
Section 32, Township 11 North, Range 61, West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for the Purchase of Real Property between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and A & W Water Service, Inc., be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign all necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of March, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Sean P. C ay, Chair
Weld County Clerk to the Board
IEza William F. Ga ia, Pro-Tem
BY: _mil
Deputy Clerk to the Bo: �' ."'••., `' XCUSED
� '-�: : ra Kirkmeyer
APP A • F M. ® � ti at/
\N David E. Long
o 'orney
ougla Rademache
Date of signature: 3/24/a
C I , e1 2012-0609
PR0033
3/2ci IZ
AGREEMENT BETWEEN A&W WATER SERVICE,INC. AND THE WELD COUNTY
BOARD OF COUNTY COMMISSIONERS FOR THE PURCHASE OF REAL
PROPERTY IN WELD COUNTY, COLORADO
1. PARTIES AND PROPERTY: On behalf of the Weld County Department of Public
Works, the County of Weld, a body corporate and politic of the State of Colorado,by and
through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley,
Colorado 80632, Buyer, hereby agrees to buy, and the Seller, A&W Water Service, Inc.,
whose address is 1892 Denver Avenue, Fort Lupton, CO 80621, represented by Gary
Wright, President of A&W Water Service, Inc. agrees to sell, on the terms and conditions
set forth in this agreement("Agreement"), the real estate described as:
Parcel #021332000014, Lot B of Recorded Exemption RE-4158, a 5.212 acre
parcel that is part of the SW 1/4, Section 32, Township 11 North, Range 61
West, together with any and all other interests of Seller in all easements and
other appurtenances thereto, all improvements thereon, and all attached fixtures
thereon (described herein as "the Property").
2. PURCHASE PRICE AND TERMS:
(a) Purchase Price: The purchase price shall be Twelve Thousand Five-Hundred
Dollars and no/100 ($12,500.00), payable by Weld County warrant or check at the
Buyer's discretion, to Seller by Buyer on the date of closing.
(b) Paved Driveway And Access Easement: Additionally, the Buyer will construct at
the Buyer's sole expense a paved driveway entering onto the Property from Weld County
Road 122 and running north to south along the western boundary of the Property for a
distance to be determined by the Buyer. The paved driveway shall lie entirely on the
Property. The Buyer agrees to grant an easement across the Property allowing the Seller
and Seller's successors to access the paved driveway in order to access Parcel
#021332000013, Lot A, Recorded Exemption RE-4158, to the west of, and adjacent to,
the subject parcel. Any additional pavement, grading, or other work necessary to
facilitate access from the paved driveway to Lot A will be at the Seller's or Seller's
successors sole expense. Maintenance of the paved driveway shall be performed by the
Buyer, however,the costs of such driveway maintenance shall be shared equally between
Buyer and Seller or Seller's successors. The terms and conditions regarding the shared
maintenance of the driveway shall be detailed in the Private Improvements Agreement
According to Policy Regarding Collateral for Improvements referred to in condition of
approval 1B of the Weld County Board of County Commissioners Resolution number
2011-3281 relating to USR11-0014. In the event that the Buyer transfers the Property at
a later date or ceases to use the paved driveway to access the Property, the Buyer shall
have no further obligation to maintain the paved driveway.
3. NOT ASSIGNABLE: This Agreement shall not be assignable by Buyer wit out Seller's
prior written consent. Except as so restricted, this Agreement shall inure to th benefit of
Buyer J 4 6 Page 1 of 6 Pages Seller
2012-0609
and be binding upon the heirs, personal representatives, successors and assigns of the
parties.
4. EVIDENCE OF TITLE: Buyer shall obtain a current commitment for an owner's title
insurance policy from a title insurance company selected by Buyer(the "Title Company")
in an amount equal to the purchase price (the"Title Commitment")together with copies
of all instruments or documents listed in the title Commitment as exceptions to the title
("Exceptions"). It shall be a condition precedent to Buyer's obligation to consummate
and close the transaction contemplated by this Agreement that the Title Company be
unconditionally and irrevocably committed, upon the closing, to issue the title insurance
policy described in the Title Commitment, subject only to those Exceptions that are of
record. In the event the Title Company is not so unconditionally and irrevocably
committed to issue such policy upon the closing, then Buyer shall not be obligated to
close the transaction and may terminate this Agreement.
5. TITLE:
(a) Title Review: Buyer shall have the right to inspect the Title Documents. Written
notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition
shown by the Title Documents shall be signed by or on behalf of Buyer and given to
Seller prior to closing.
(b) Matters Not Shown by the Public Records: Seller shall deliver to Buyer within
twenty(20)days of the execution of this Agreement by both parties,true copies of all
lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose
to Buyer all easements, liens or other title matters not shown by the public records of
which Seller have actual knowledge. Buyer, or any designee, shall have the right to
inspect the Property to determine if any third party(s)has any right in the Property not
shown by the public records (such as an unrecorded easements, unrecorded leases, or
boundary line discrepancies). Written notice of any unsatisfactory condition(s) disclosed
by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and
given to Seller prior to closing.
Seller has an ongoing duty to immediately disclose to Buyer the existence of any
easements, liens, or other title matters not previously disclosed to Buyer and of which
Seller becomes aware. Buyer shall have an ongoing right to inspect the Property to
determine the existence of any potential or actual third-party rights in or claims to the
Property which may arise after such date. In the event Seller notifies Buyer of any new
condition pursuant to its ongoing duty to disclose, which condition is unsatisfactory to
Buyer as determined in Buyer's sole and absolute discretion, or Buyer discovers any
unsatisfactory condition as determined in Buyer's sole and absolute discretion not
reasonably discoverable in Buyer's prior inspection or inspections of the Property, Buyer
shall notify Seller of such unsatisfactory condition prior to closing.
(c) Right to Cure: If Seller receives notice of unmerchantability of title or a y other
Buyer t 0 Page 2 of 6 Pages Seller
unsatisfactory title condition(s) as provided in Subsections 5(a) or 5(b) above, Seller shall
use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of
closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the
date of closing,this Agreement shall then terminate; provided, however, Buyer may, by
written notice received by Seller, on or before closing, waive objection to said
unsatisfactory title condition(s).
6. INSPECTION: Buyer or its designee shall have the right to have inspection(s) of the
physical condition of the Property, at Buyer's expense. Such inspections must take place
within sixty(60)days of the execution of this Agreement by both parties. If written
notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by
Seller prior to closing, the physical condition of the Property shall be deemed to be
satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer
and Seller have not agreed, in writing, to a settlement thereof prior to closing, this
Agreement shall terminate unless Seller receives written notice from Buyer waiving
objection to any unsatisfactory condition. Buyer is solely responsible for and shall pay all
costs associated with any inspection on the Property and shall not allow a lien to be
placed on the Property resulting from any work done or requested by the Buyer. Buyer
shall be responsible for and pay any and all damages, resulting from Buyer's inspection
of the Property, and in the event Buyer shall fail to complete the purchase of the Property,
Buyer shall return the Property to the Seller in substantially the same condition the
Property was in prior to the Buyer's inspection. Buyer agrees to provide the Seller with a
copy of any and all inspections within five (5) days of the receipt of any reports by the
Buyer.
7. DATE OF CLOSING: The closing date shall be within ninety (90) days of the
execution of this Agreement by both parties. If the closing is not completed within ninety
(90) days of the execution of this Agreement, this Agreement shall be deemed null and
void. However,the closing date may be extended prior to the expiration of the ninety
(90) day period, or prior to the expiration of any subsequent extended period for closing,
upon mutual written agreement of the parties. The hour and place of closing shall be
designated by Seller and Buyer.
8. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and
compliance by Buyer with the other terms and provisions hereof, Seller shall execute and
deliver a good and sufficient warranty deed to Buyer, on the Closing Date, conveying the
Property free and clear of all encumbrances of record and taxes, except the general taxes
for the year of closing.
9. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid, including,
but not limited to, all property taxes for tax year 2011, and all previous years' taxes, and
any special assessments payable for the 2011 calendar year, shall be paid at or before the
Closing Date.
10. CLOSING COSTS,DOCUMENTS AND SERVICES: Buyer and Seller hall divide
Buyer &J--6 Page 3 of 6 Pages Seller
customary closing costs. Closing costs shall not include any costs for the Seller to
consult with an attorney or outside party regarding this Agreement or sale of the
Property. Buyer and Seller shall sign and complete all customary or required documents
at or before closing.
11. PROBATIONS: Property taxes for the year of closing shall be prorated. No other
expenses, taxes, or assessments shall be prorated to the Closing Date.
12. POSSESSION: Buyer shall be entitled to possession of the Property upon closing.
Subsequent to the date of this Agreement and prior to the closing, Buyer, its agents and
employees shall be entitled to enter upon the Property for the purpose of making
inspections thereof.
13. REMEDIES: If any payment due hereunder is not paid, honored or tendered when due,
or if any other obligation hereunder is not performed or waived as herein provided, there
shall be the following remedies:
(a) IF BUYER IS IN DEFAULT: Seller may elect to treat this Agreement as
canceled, in which case all payments and things of value received hereunder shall be
forfeited and retained on behalf of Seller.
(b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this Agreement as
cancelled, in which case all payments and things of value received hereunder shall be
returned and Buyer may recover such damages as may be proper, or Buyer may elect to
treat this Agreement as being in full force and effect and Buyer shall have the right to
specific performance or damages, or both.
(c) COSTS AND EXPENSES: Anything to the contrary herein notwithstanding, in
the event of any litigation arising out of this Agreement the court shall award to the
prevailing party all reasonable costs and expenses, including attorney fees.
14. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Buyer
and Seller acknowledge that they have been advised that this document has important
legal consequences and has recommended the examination of title and consultation with
legal and tax or other counsel before signing this Agreement.
15. NOTICE TO BUYER: Any notice to Buyer shall be effective when received by Buyer.
16. NOTICE TO SELLERS: Any notice to Seller shall be effective when received by
Seller.
17. MODIFICATION OF THIS AGREEMENT: No subsequent modification of any of
the terms of this Agreement shall be valid, binding upon the parties, or enforceable unless
made in writing and signed by the parties.
Buyer 1/4% Page 4 of 6 Pages Seller `�
18. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the
parties relating to the subject hereof, and any prior agreements pertaining thereto,
whether oral or written, have been merged and integrated into this Agreement.
19. ADDITIONAL PROVISIONS:
(a) NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed
to constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Agreement.
(b) NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement.
(c) SEVERABILITY: If any clause, provision, subsection, section or article of this
Agreement shall be held to be invalid, illegal or unenforceable for any reason, the
invalidity, illegality or enforceability of such clause, provision, subsection, section or
article shall not affect any of the remaining provisions of this Agreement.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the
respective parties hereto.
SELLER:
A&W Water Service, Inc.
Gary Wright, President
V20 2—
Date
Subscribed and sworn to before me this 2A day of�ll,taait , 2012.
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Mary ''blic r rJ" '
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Buyer WI 6 Page 5 of 6 Pages Seller
BUYER:
ATTEST: - --1 BOARD OF COUNTY COMMISSIONERS
vim- OF WELD COUNTY,
STATE OF COLORADO
J
l
By: � By: ( '
Deputy Clerk'othe Dart 1,4.7,41:,,,,A"r '\ William F. Garcia, Chair Pro-Tem, Weld County
�
1961 fir . A
'" '
Board of Commissioners
r,--1;. .
-:: Date: MAR 0 5 2012
Approved as to form: Approved as to substance:
By: , ,1 _ B �
Qs Weld County drney Monica Mika
Director of Finance and Administration
Buyer 1/%44( Page 6 of 6 Pages Seller
&C/a -06c2
, _
WARRANTY DEED
THIS DEED, made this /Ski 02 eJ , 2012, between
A&W WATER SERVICE,INC.,REPRESENTED BY GARY WRIGHT,PRESIDENT OF A&W
WATER SERVICE,INC.,"GRANTORS,"whose legal address is 1892 Denver Avenue, Fort
Lupton, CO 80621, And THE COUNTY OF WELD, a body corporate and politic of the State of
Colorado,"GRANTEE," whose legal address is 1150"O" St., Greeley, CO 80632:
WITNESS, that the Grantors, for and in consideration of the sum of Twelve
Thousand Five-Hundred Dollars& 00/100 ($12,500.00), the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assignees
forever, all the real property, together with improvements, if any, situate, lying and being in
the County of Weld and State of Colorado, described as follows:
Parcel#021332000014, Lot B, Recorded Exemption RE-4158, a 5.212 acre
parcel that is part of the SW 1/4, Section 32, Township 11 North, Range 61
West (see attached Exhibit A for full legal description), together with any
and all other interests of Seller in all easements and other appurtenances
thereto, all improvements thereon, and all attached fixtures thereon,
(described herein as "the Property").
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right title, interest, claim and
demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
NOTWITHSTANDING, the sole property right that the Grantors reserve in the Property is
an easement(hereinafter"Easement") across the Property. The Easement is more exactly
described as a forty(40) foot wide easement extending from the north edge of the Right-Of-
Way of Weld County Road 122 to the northern boundary of the Property and running along
the western most Property boundary. The sole permitted use of the Easement shall be for the
Grantor and Grantor's successors, and any vehicles associated with the Grantor and Grantor's
successors businesses, to travel across the Easement from the Grantor's property, Parcel
#021332000013, Lot A, Recorded Exemption RE-4158, which is located west of and
adjacent to the Property, to Weld County Road 122;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its
successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its
successors in interest and assigns, that at the time of the ensealing and delivery of these
presents, Grantors are well seized of the premises above conveyed, have good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full
power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
whatsoever.
The Grantors shall and will WARRANT AND FOREVER DEFEND the above-
bargained premises in the quiet and peaceable possession of the Grantee, its successors in
interest and assigns, against all and every person or persons lawfully claiming the whole or
any part thereof.
The singular number shall include the plural, the plural the singular, and the use of
any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
A&W WATER SERVICE,INC.
GARY WRIGHT,PRESIDENT
State of Colorado 4//57e-
3836577 Pages: 1 of 3
044/20e 0,04:41 PMd Recorder
D Fee:$0.00
Steve
County, CO
County of Weld
VIII Ri'i7Y �1+ I�tti'tf l'IJW,d�I NIh�Qi41.I�iN t��IN I B III
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The foregoing instrument was acknowledged before me this a q .-h day of
`471 . ,2012,by .2:1 .t a) (r 1 v 2i6 f as
President of A&W Water Service, Inc. ((�J O
My Commission expires: Witness my hand and official seal.
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`OF COO)
My Commission Expires 01/26/2014
3836577 Pages: 2 of 3
St04e/04/2201 04: 1 PMd Recoede$0 W00dDo ntv$0p 0
VIIIt�"renta,t++ule/k aI��1110.1400I 1.119MiIlk1IIII
EXHIBIT A
TO WARRANTY DEED FOR WELD COUNTY PARCEL#021332000014
Legal Description:
Lot B of Recorded Exemption No. 0213-32-3 RE-4158, according to the map recorded
January 5, 2006, at Reception Number 3352619 being a part of the East '/z of the
Southwest Quarter and Part of the Northwest Quarter of Section 32, Township 11 North,
Range 61 West of the 6th P.M., County of Weld, State of Colorado.
3836577 Pages: 3 of 3
04/04/2012 04:41 PM R Fee:$0.00 D Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
Bari Vril iilli GIERI trh4�,hYJI�GIdtlN'+L III III
After Recording Return to:
A&VA Water sera ire,Inc.
Gan AAright,President
1802 Ureter Acenne
Fort I.upton,CO 806?1
STATEMENT OF AUTHORITY
Pursuant to C.R.S.§38-30-172,the undersigned hereby executes this Statement of Authority on behalf of A
&W Water Service,Inc. ,a Colorado corporation
an entity other than an individual, capable of holding title to real properly (the "Entity"), and states as
follows:
The name of the Entity is: A&W Water Service,Inc.
The Entity is a: Colorado corporation
(state type of entity and state,country or other government authority under whose laws such entity was formed)
The mailing address for the Entity is: 1892 Denver Avenue,Fort Lupton,CO 80621
The name or position of the person(s) authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is:
Gary Wright,President
The limitations upon the authority of the person named above or holding the position described above to bind
the Entity are as follows: None
(if no limitations insert"NONE")
Other matters concerning the manner in which the Entity deals with any interest in real property are:
(if no masers,leave this section blank)
EXECUTED this ,t'fej 2.
SELLER: NN JEA
��y P
�pTiil��
Gar ' i ght csident •
:
A&P AAate scrcice,Inc. •
•
STATE OF COLORADO" �— AUB�‘G,� •
COUNTY OF IA)_a,�gC }SS: �� •.....• �,�
OF COl_O
The foregoing instrument was acknowledged before me this 3.-7 - / a widest
of A&\4'Water service. Inc..a Colorado corporation
Witness my hand and official seal.
My commission expires: I " 07e. 0)0/y ()2-LrLAA)
3836578 Pages: 1 of 1
04/04/2012 04:41 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
■III PI 'Ma INI,L BIM
Escrow No.459-H033I830-820-CEO
HT( Heritage5586 West 19th Street,#1000,
Title Company Greeley, CO 80634
m,,..,.ca,,,, Phone: (970)330-4522
Fax: (866)828-0844
( -Commonwealth'
Today's Date: April 11, 2012
Reference: Final Policy Notification
File Number: 459-H0331830-820-GRO
Seller/Buyer: A&W Water service, Inc./The County of Weld, a body corporate
and politic
Property Address: vacant land, Grover, CO
Policy Number: H0331830 -LISTING
Dear Listing Agent,
Please be advised that the final owner's title policy has been issued and sent to the purchaser(s)
and/or purchaser(s)attorney on the above referenced transaction.
This policy is available for you to view, print or email on www.titlevault.com. If you are not yet
signed up to access TitleVault, please contact your sales representative or closer for more
information.
Thank you for giving us the opportunity to work with you. We appreciate your business!
Sincerely,
Heritage Title Company, Inc.
CAGNTL—Listing Agent Final Policy Notification Letter
HT( Heritage 5586 West 19th Street,#1000,
Title Company Greeley,CO 80634
xt ki A.i, wttiorps. Prnot,31 Phone: (970)330-4522
Fax: (866)828-0844
( .Commonwealth'
Today's Date: April 11, 2012
Reference: Final Policy Notification
File Number: 459-H0331830-820-GRO
Seller/Buyer: A&W Water service, Inc./The County of Weld, a body corporate
and politic
Property Address: vacant land, Grover, CO
Policy Number: H0331830 -SELLING
Dear Selling Agent,
Please be advised that the final owner's title policy has been issued and sent to the purchaser(s)
and/or purchaser(s) attorney on the above referenced transaction.
This policy is available for you to view, print or email on www.titlevault.com. If you are not yet
signed up to access TitleVault, please contact your sales representative or closer for more
information.
Thank you for giving us the opportunity to work with you. We appreciate your business!
Sincerely,
Heritage Title Company, Inc.
CAGNTS-Selling Agent Final Policy Notification Letter
Ei-rc Heritage 5586 West 19th Street,#1000,
Title Company Greeley,CO 80634
.Making;Tr.n.:.,fons irrM,na Phone: (970)330-4522
Fax: (866) 828-0844
�-Commonwealth'
The County of Weld
1150"O"St.,
Greeley,CO 80632
Date: April 11,2012
File Number: 459-H0331830-820-GRO
Property Address: vacant land,Grover,CO
Policy Number: H0331830-OP
Dear New Property Owner:
Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information
about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your
other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of
future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply
give us your personal policy file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your
title insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs.
Sincerely,
Heritage Title Company,Inc.
81306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American _TITLE
Land Title Association. "'�
afrCommonwealth Land Title Insurance Company
POLICY NO.: H0331830 - OP
OWNER'S POLICY OF 'lu tE INSURANCE
Issued by
Commonwealth Land Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS,COMMONWEALTH LAND TITLE INSURANCE COMPANY,a Nebraska corporation
(the"Company") insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy, against loss or
damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
L Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform
those acts by electronic means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
81306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American ',ND TITLE Land Title Association. A• _
Order No.: H0331830-820-GRO Policy No.: 110331830-OP
(b) the character,dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce,but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a govemmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency,or similar creditors' rights laws;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created
or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attomeys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Commonwealth Land Title Insurance Company
Countersigned By: By: f�� nn
gild 41124/-1_
f,."�aonrie`yfG„
r r ini President
SEA
sol, Li^;
41/
/ 4,,,NFBPPSkP,...^'• AlLCS2:
PAA1Secretary
Authorized Signature
81306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
niERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American a ND TITI
AssocinnoN
Land Title Association.
Order No.: H0331830-820-GRO Policy No.: H0331830-OP
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys' fees,or expenses
that arise by reason of:
1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to
(i) the occupancy,use,or enjoyment of the Land;
(ii) the character,dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land;or
(iv) environmental protection;
or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws,that the transaction vesting the Title as shown in
Schedule A,is
(a) a fraudulent conveyance or fraudulent transfer;or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS instrument established by the Insured named in purchase, lease, or lend if there is a contractual
The following terms when used in this policy Schedule A for estate planning purposes. condition requiring the delivery of marketable title.
mean: (ii) With regard to(A),(B),(C),and(D) 2. CONTINUATION OF INSURANCE
(a) "Amount of Insurance": The amount reserving, however,all rights and defenses as to any The coverage of this policy shall continue in
stated in Schedule A, as may be increased or successor that the Company would have had against force as of Date of Policy in favor of an Insured,but
decreased by endorsement to this policy,increased by any predecessor Insured. only so long as the Insured retains an estate or
Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant": An Insured claiming interest in the Land,or holds an obligation secured by
these Conditions, loss or damage. a purchase money Mortgage given by a purchaser
(b) "Date of Policy": The date designated as (f) "Knowledge" or "Known": Actual from the Insured,or only so long as the Insured shall
'Date of Policy"in Schedule A. knowledge,not constructive knowledge or notice that have liability by reason of warranties in any transfer
(c) "Entity":A corporation,partnership,trust, may be imputed to an Insured by reason of the Public or conveyance of the Title. This policy shall not
limited liability company, or other similar legal Records or any other records that impart constructive continue in force in favor of any purchaser from the
entity. notice of matters affecting the Title. Insured of either(i)an estate or interest in the Land,
(d) "Insured": The Insured named in (g) "Land": The land described in Schedule or (ii) an obligation secured by a purchase money
Schedule A. A, and affixed improvements that by law constitute Mortgage given to the Insured.
(i) The term"Insured"also includes real property.The term"Land"does not include any 3. NOTICE OF CLAIM TO BE GIVEN BY
(A) successors to the Title of the property beyond the lines of the area described in INSURED CLAIMANT
Insured by operation of law as distinguished from Schedule A, nor any right, title, interest, estate, or The Insured shall notify the Company promptly
purchase, including heirs, devisees, survivors, easement in abutting streets, roads, avenues, alleys, in writing(i)in case of any litigation as set forth in
personal representatives,or next of kin; lanes,ways,or waterways,but this does not modify Section 5(a) of these Conditions, (ii) in case
(B) successors to an Insured by or limit the extent that a right of access to and from Knowledge shall come to an Insured hereunder of
dissolution, merger, consolidation, distribution, or the Land is insured by this policy. any claim of title or interest that is adverse to the
reorganization; (h) "Mortgage": Mortgage,deed of trust,trust Title,as insured,and that might cause loss or damage
(C) successors to an Insured by its deed, or other security instrument, including one for which the Company may be liable by virtue of
conversion to another kind of Entity; evidenced by electronic means authorized by law. this policy,or(iii)if the Title,as insured,is rejected
(D) a grantee of an Insured under a (i) "Public Records": Records established as Unmarketable Title.If the Company is prejudiced
deed delivered without payment of actual valuable under state statutes at Date of Policy for the purpose by the failure of the Insured Claimant to provide
consideration conveying the Title of imparting constructive notice of matters relating to prompt notice,the Company's liability to the Insured
(I) if the stock, shares, real property to purchasers for value and without Claimant under the policy shall be reduced to the
memberships, or other equity interests of the grantee Knowledge. With respect to Covered Risk 5(d), extent of the prejudice.
are wholly-owned by the named Insured, "Public Records" shall also include environmental 4. PROOF OF LOSS
(2) if the grantee wholly protection liens filed in the records of the clerk of the In the event the Company is unable to
owns the named Insured, United States District Court for the district where the determine the amount of loss or damage, the
(3) if the grantee is wholly- Land is located. Company may,at its option,require as a condition of
owned by an affiliated Entity of the named Insured, (j) "Title".The estate or interest described in payment that the Insured Claimant furnish a signed
provided the affiliated Entity and the named Insured Schedule A. proof of loss. The proof of loss must describe the
are both wholly-owned by the same person or Entity, (k) "Unmarketable Title":Title affected by an defect, lien, encumbrance, or other matter insured
or alleged or apparent matter that would permit a against by this policy that constitutes the basis of loss
(4) if the grantee is a trustee prospective purchaser or lessee of the Title or lender or damage and shall state,to the extent possible, the
or beneficiary of a trust created by a written on the Title to be released from the obligation to basis of calculating the amount of the loss or damage.
81306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and ,,E
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American LAND TITLE
Land Title Association. ASSOCIATION
Order No.: H0331830-820-GRO Policy No.: H0331830-OP
5. DEFENSE AND PROSECUTION OF maintained, including books, ledgers, checks, by the Insured Claimant who has suffered loss or
ACTIONS memoranda, correspondence, reports, e-mails, disks, damage by reason of matters insured against by this
(a) Upon written request by the Insured, and tapes, and videos whether bearing a date before or policy.
subject to the options contained in Section 7 of these after Date of Policy, that reasonably pertain to the (a) The extent of liability of the Company for
Conditions,the Company,at its own cost and without loss or damage. Further, if requested by any loss or damage under this policy shall not exceed the
unreasonable delay, shall provide for the defense of authorized representative of the Company, the lesser of
an Insured in litigation in which any third party Insured Claimant shall grant its permission, in (i) the Amount of Insurance;or
asserts a claim covered by this policy adverse to the writing, for any authorized representative of the (ii) the difference between the value of
Insured.This obligation is limited to only those stated Company to examine,inspect,and copy all of these the Title as insured and the value of the Title subject
causes of action alleging matters insured against by records in the custody or control of a third party that to the risk insured against by this policy.
this policy. The Company shall have the right to reasonably pertain to the loss or damage. All (b) If the Company pursues its rights under
select counsel of its choice(subject to the right of the information designated as confidential by the Insured Section 5 of these Conditions and is unsuccessful in
Insured to object for reasonable cause) to represent Claimant provided to the Company pursuant to this establishing the Title,as insured,
the Insured as to those stated causes of action.It shall Section shall not be disclosed to others unless,in the (i) the Amount of Insurance shall be
not be liable for and will not pay the fees of any other reasonable judgment of the Company,it is necessary increased by 10%,and
counsel. The Company will not pay any fees, costs, in the administration of the claim. Failure of the (ii) the Insured Claimant shall have the
or expenses incurred by the Insured in the defense of Insured Claimant to submit for examination under right to have the loss or damage determined either as
those causes of action that allege matters not insured oath, produce any reasonably requested information, of the date the claim was made by the Insured
against by this policy. or grant permission to secure reasonably necessary Claimant or as of the date it is settled and paid.
(b) The Company shall have the right, in information from third parties as required in this (c) In addition to the extent of liability under
addition to the options contained in Section 7 of these subsection,unless prohibited by law or governmental (a) and(b), the Company will also pay those costs,
Conditions,at its own cost,to institute and prosecute regulation, shall terminate any liability of the attomeys' fees,and expenses incurred in accordance
any action or proceeding or to do any other act that in Company under this policy as to that claim. with Sections 5 and 7 of these Conditions.
its opinion may be necessary or desirable to establish 7. OPTIONS TO PAY OR OTHERWISE 9. LIMITATION OF LIABILITY
the Title,as insured,or to prevent or reduce loss or SETTLE CLAIMS; TERMINATION OF (a) If the Company establishes the Title, or
damage to the Insured. The Company may take any LIABILITY removes the alleged defect, lien or encumbrance, or
appropriate action under the terms of this policy, In case of a claim under this policy, the cures the lack of a right of access to or from the
whether or not it shall be liable to the Insured. The Company shall have the following additional options: Land,or cures the claim of Unmarketable Title,all as
exercise of these rights shall not be an admission of (a) To Pay or Tender Payment of the insured, in a reasonably diligent manner by any
liability or waiver of any provision of this policy. If Amount of Insurance. method, including litigation and the completion of
the Company exercises its rights under this To pay or tender payment of the Amount of any appeals, it shall have fully performed its
subsection,it must do so diligently. Insurance under this policy together with any costs, obligations with respect to that matter and shall not
(c) Whenever the Company brings an action attorneys'fees,and expenses incurred by the Insured be liable for any loss or damage caused to the
or asserts a defense as required or permitted by this Claimant that were authorized by the Company up to Insured.
policy, the Company may pursue the litigation to a the time of payment or tender of payment and that the (b) In the event of any litigation, including
final determination by a court of competent Company is obligated to pay. litigation by the Company or with the Company's
jurisdiction,and it expressly reserves the right, in its Upon the exercise by the Company of this consent,the Company shall have no liability for loss
sole discretion,to appeal from any adverse judgment option,all liability and obligations of the Company to or damage until there has been a final determination
or order. the Insured under this policy,other than to make the by a court of competent jurisdiction,and disposition
6. DUTY OF INSURED CLAIMANT TO payment required in this subsection, shall terminate, of all appeals,adverse to the Title,as insured.
COOPERATE including any liability or obligation to defend, (c) The Company shall not be liable for loss
(a) In all cases where this policy permits or prosecute,or continue any litigation. or damage to the Insured for liability voluntarily
requires the Company to prosecute or provide for the (b) To Pay or Otherwise Settle With assumed by the Insured in settling any claim or suit
defense of any action or proceeding and any appeals, Parties Other Than the Insured or With the without the prior written consent of the Company.
the Insured shall secure to the Company the right to Insured Claimant. 10. REDUCTION OF INSURANCE;
so prosecute or provide defense in the action or (i) To pay or otherwise settle with other REDUCTION OR TERMINATION OF
proceeding, including the right to use, at its option, parties for or in the name of an Insured Claimant any LIABILITY
the name of the Insured for this purpose. Whenever claim insured against under this policy. In addition, All payments under this policy, except
requested by the Company, the Insured, at the the Company will pay any costs,attorneys' fees,and payments made for costs, attorneys' fees, and
Company's expense, shall give the Company all expenses incurred by the insured Claimant that were expenses, shall reduce the Amount of Insurance by
reasonable aid (i) in securing evidence, obtaining authorized by the Company up to the time of the amount of the payment.
witnesses, prosecuting or defending the action or payment and that the Company is obligated to pay;or II. LIABILITY NONCUMULATIVE
proceeding, or effecting settlement, and (ii) in any (ii) To pay or otherwise settle with the The Amount of Insurance shall be reduced by
other lawful act that in the opinion of the Company Insured Claimant the loss or damage provided for any amount the Company pays under any policy
may be necessary or desirable to establish the Title or under this policy,together with any costs, attorneys' insuring a Mortgage to which exception is taken in
any other matter as insured. If the Company is fees,and expenses incurred by the Insured Claimant Schedule B or to which the Insured has agreed,
prejudiced by the failure of the Insured to furnish the that were authorized by the Company up to the time assumed,or taken subject,or which is executed by an
required cooperation, the Company's obligations to of payment and that the Company is obligated to pay. Insured after Date of Policy and which is a charge or
the Insured under the policy shall terminate, Upon the exercise by the Company of either of lien on the Title, and the amount so paid shall be
including any liability or obligation to defend, the options provided for in subsections(b)(i) or(ii), deemed a payment to the Insured under this policy.
prosecute, or continue any litigation, with regard to the Company's obligations to the Insured under this 12. PAYMENT OF LOSS
the matter or matters requiring such cooperation. policy for the claimed loss or damage,other than the When liability and the extent of loss or damage
(b) The Company may reasonably require the payments required to be made, shall terminate, have been definitely fixed in accordance with these
Insured Claimant to submit to examination under including any liability or obligation to defend, Conditions, the payment shall be made within 30
oath by any authorized representative of the prosecute,or continue any litigation. days.
Company and to produce for examination,inspection, 8. DETERMINATION AND EXTENT OF 13. RIGHTS OF RECOVERY UPON
and copying,at such reasonable times and places as LIABILITY PAYMENT OR SETTLEMENT
may be designated by the authorized representative of This policy is a contract of indemnity against (a) Whenever the Company shall have settled
the Company, all records, in whatever medium actual monetary loss or damage sustained or incurred and paid a claim under this policy, it shall be
81306(6/06) ALTA Owner's Policy(6/17/06)
mism
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American --
Land Title Association.
Order No.: H0331830-820-GRO Policy No.: 110331830-OP
subrogated and entitled to the rights of the Insured provision, or to any other controversy or claim 16. SEVERABILITY
Claimant in the Title and all other rights and arising out of the transaction giving rise to this In the event any provision of this policy, in
remedies in respect to the claim that the Insured policy. All arbitrable matters when the Amount of whole or in part, is held invalid or unenforceable
Claimant has against any person or property, to the Insurance is $2,000,000 or less shall be arbitrated at under applicable law,the policy shall be deemed not
extent of the amount of any loss, costs, attorneys' the option of either the Company or the Insured.All to include that provision or such part held to be
fees,and expenses paid by the Company.If requested arbitrable matters when the Amount of Insurance is invalid, but all other provisions shall remain in full
by the Company, the Insured Claimant shall execute in excess of$2,000,000 shall be arbitrated only when force and effect.
documents to evidence the transfer to the Company agreed to by both the Company and the Insured. 17. CHOICE OF LAW; FORUM
of these rights and remedies. The Insured Claimant Arbitration pursuant to this policy and under the (a) Choice of Law: The Insured
shall permit the Company to sue, compromise, or Rules shall be binding upon the parties. Judgment acknowledges the Company has underwritten the
settle in the name of the Insured Claimant and to use upon the award rendered by the Arbitrator(s)may he risks covered by this policy and determined the
the name of the Insured Claimant in any transaction entered in any court of competent jurisdiction. premium charged therefor in reliance upon the law
or litigation involving these rights and remedies. 15. LIABILITY LIMITED TO THIS POLICY; affecting interests in real property and applicable to
If a payment on account of a claim does not POLICY ENTIRE CONTRACT the interpretation,rights,remedies,or enforcement of
fully cover the loss of the Insured Claimant, the (a) This policy together with all policies of title insurance of the jurisdiction where
Company shall defer the exercise of its right to endorsements, if any, attached to it by the Company the Land is located.
recover until after the Insured Claimant shall have is the entire policy and contract between the Insured Therefore,the court or an arbitrator shall apply
recovered its loss. and the Company. In interpreting any provision of the law of the jurisdiction where the Land is located
(b) The Company's right of subrogation this policy,this policy shall be construed as a whole, to detemine the validity of claims against the Title
includes the rights of the Insured to indemnities, (b) Any claim of'loss or damage that arises that are adverse to the Insured and to interpret and
guaranties, other policies of insurance, or bonds, out of the status of the Title or by any action asserting enforce the tens of this policy. In neither case shall
notwithstanding any terms or conditions contained in such claim shall he restricted to this policy. the court or arbitrator apply its conflicts of law
those instruments that address subrogation rights. (c) Any amendment of or endorsement to this principles to determine the applicable law.
14. ARBITRATION policy must be in writing and authenticated by an (b) Choice of Forum: Any litigation or other
Either the Company or the Insured may demand authorized person, or expressly incorporated by proceeding brought by the Insured against the
that the claim or controversy shall be submitted to Schedule A of this policy. Company must be filed only in a state or federal
arbitration pursuant to the Title Insurance Arbitration (d) Each endorsement to this policy issued at court within the United States of America or its
Rules of the American Land 'title Association any time is made a part of this policy and is subject to tertitories having appropriate jurisdiction.
("Rules"). Except as provided in the Rules, there all of its tents and provisions. Except as the 18. NOTICES,WHERE SENT
shall be no joinder or consolidation with claims or endorsement expressly states, it does not (i) modify Any notice of claim and any other notice or
controversies of other persons. Arbitrable matters any of the terms and provisions of the policy, (ii) statement in writing required to be given to the
may include,but are not limited to,any controversy modify any prior endorsement, (iii) extend the Date Company under this policy must be given to the
or claim between the Company and the Insured of Policy,or(iv)increase the Amount of Insurance. Company at Commonwealth Land Title Insurance
arising out of or relating to this policy,any service in Company,Attn:Claims Department,Post Office Box
connection with its issuance or the breach of a policy 45023,Jacksonville,Florida 32232-5023.
81306(6/06) ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
*CAN
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American �:AN n
Land Title Association. - -
Order No.: H0331830-820-GRO Policy No.: H0331830-OP
Commonwealth Land Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company: Heritage Title Company,Inc.
5586 West 19th Street,#1000,
Greeley,CO 80634
Policy No.: H0331830-OP Order No.: H0331830-820-GRO
Address Reference: vacant land,Grover,CO
Amount of Insurance: $12,500.00
Date of Policy: April 4,2012 at 6:00 PM
1. Name of Insured:
The County of Weld,a body corporate and politic of the State of Colorado
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
The County of Weld,a body corporate and politic of the State of Colorado
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
81306A(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American _-
Land Title Association.
Order No.: H0331830-820-GRO Policy No.: H0331830-OP
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Lot B of Recorded Exemption No. 0213-32-3 RE-4158, according to the map recorded January 5, 2006 at Reception
Number 3352619, being a part of the East 'A of the Southwest Quarter and Part of the Northwest Quarter of Section
32,Township 11 North,Range 61 West of the 6th P.M.,County of Weld,State of Colorado.
81306A(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
AMERICAN
ALTA members in good standing as of the dale of use.All other uses are prohibited. Reprinted under license from the American
Land Title Association.
Order No.: H0331830-820-GRO Policy No.: H0331830-OP
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by 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. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) water rights, claims of title to water,whether or not the matters excepted under(a), (b), or (c)
are shown by the Public Records.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
7. All taxes and assessments for the year 2012 and subsequent years, a lien but not yet due or payable.
8. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and
Township lines as established by the Board of County Commissioners for Weld County, as set forth in a
document:
Recording Date: October 14, 1889
Recording No: Book 86, page 273
9. Reservations contained in the Patent
From: The United States of America
To: Harry B. Wilson
Recording Date: January 31, 1914
Recording No: Book 385 at Page 599
Which among other things recites as follows:
81306B(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
f RIC4N
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American
Land Title Association.
Order No.: H0331830-820-GRO Policy No.: H0331830-OP
SCHEDULE B
(Continued)
Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes
and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by the local customs, laws and decisions of the courts; and the reservation from the lands
hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United
States.
10. Undivided 1/2 interest in all oil, gas and other mineral rights reserved in the instrument set forth below,
and any and all assignments thereof or interests therein:
Reserved by: Harry Wilson aka Harry K. Wilson aka Harry Kermit Wilson and Gladys Wilson
Recording Date: November 12, 1958
Recording No.: Book 1517 at Page 141.
11. Undivided 1/2 interest in all oil, gas and other mineral rights reserved in the instrument set forth below,
and any and all assignments thereof or interests therein:
Reserved by: Evelyn Poston
Recording Date: June 6, 1979
Recording No.: 1792883.
12. Terms, conditions, provisions, agreements and obligations contained in the Consent to Raising and
Improving Weld County Road 122 as set forth below:
Recording Date: May 5, 1987
Recording No.: 2098395.
13. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date: September 30, 1987
Recording No: 2116077.
14. All matters shown on the map of Recorded Exemption No. 0213-32-3 RE-4158 recorded January 5, 2006
at Reception Number 3352619.
15. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date: January 27, 2006
Recording No: 3358469.
16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Petro-Canada Resources (USA) Inc.
8t306B(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Trp!
Land Title Association.
x,a.�ar�aw
< .
Order No.: H0331830-820-GRO Policy No.: H0331830-O1'
SCHEDULE B
(Continued)
Purpose: Pipelines
Recording Date: May 15, 2009
Recording No: 3623284.
17. Undivided all of grantor's interest in all oil, gas and other mineral rights granted by the instrument set
forth below, and any and all assignments thereof or interests therein:
Granted to: Harry B. Wilson and Earline K. Wilson, Trustees of the Bruce and Earline
Wilson Family Trust dated May 1,2008
Recording Date: July 6,2010
Recording No.: 3703826.
18. Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement as set forth
below:
Recording Date: November 29,2011
Recording No.: 3808490.
19. The following Notices concerning underground facilities have been filed with the Weld County Clerk and
Recorder. These statements are general and do not necessarily give notice of underground facilities within
the Land:
Mountain Bell Telephone Company,recorded October 1, 1981, in Book 949 at Reception No. 1870705.
Union Rural Electric Association, Inc., recorded October 5, 1981, in Book 949, at Reception No.
1871004.
Public Service Company of Colorado, recorded November 9, 1981, in Book 952 at Reception No.
1874084.
Colorado Interstate Gas Company,recorded August 31, 1984, in Book 1041 at Reception No. 1979784.
Western Gas Supply Company, recorded April 2, 1985, in Book 1063 at Reception No. 2004300.
Associated Natural Gas, Inc.,recorded April 23, 1986, in Book 1110 at Reception No. 2050953.
Panhandle Eastern Pipe Line Company,recorded June 26, 1986, in Book 1117 at Reception No. 2058722.
Associated Natural Gas, Inc.,recorded April 10, 1989, in Book 1229 at Reception No. 2175917.
United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991, in Book
1288 at Reception No. 2239296.
20. Terms, conditions, provisions, agreements and obligations contained in the Easement for the benefit of
Lot A of RE-4158 as set forth below:
81306B(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American
Land Title Association.
Order No.: H0331830-820-GRO Policy No.: H0331830-OP
SCHEDULE B
(Continued)
Recording Date: April 04, 2012
Recording No.: 3836577
81306B(6/06)
ALTA Owner's Policy(6/17/06)
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American _ __
Land Title Association.
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