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HomeMy WebLinkAbout20102631.tiff • eRecorded in ounty, CO Doc Id: 3665000 12/14/2009 04: Receipt#: 7445824 Page: 1 of 2 Total Fee: $770.50 Steve Moreno, Clerk and Recorder • When recorded return to: Holme Roberts&Owen LLP 1801 Thirteenth Street, Suite 300 Boulder,Colorado 80302 Attention: Adam Sher,Esq. DEED HOLDEN PROPERTIES COLORADO II, LLC, a Minnesota limited liability company, whose address is 607 Washington Avenue North, Minneapolis, Minnesota 55401 ("Grantor") for the consideration of ten dollars($10.00)and other good and valuable consideration, in hand paid,the receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys to UQM PROPERTIES, INC., a Colorado corporation, whose legal address is 7501 Miller Drive, Frederick, Colorado 80530 ("Grantee"), the following real property in the County of Weld, State of Colorado,to wit: All of Lot 2 , Block 2,Amendment to Del Camino Center P.U.D.,according to the Plat thereof, recorded October 24,2000 at Reception No. 2802119, County of Weld, State of Colorado. o with all its appurtenances, and warrants title against all persons claiming under Grantor, subject to taxes 1) and assessments for the year 2009,and the matters listed on Schedule A, attached hereto and incorporated 0. by this reference. V7 1"-- Signed this I lth day of December, 2009. HOLDEN PROPERTIES COLORADO II, LLC, a Minnes to limitedlliiabifty company V ( By: 1 ' ame: a cr s. 7' lit/s1.4.J Title: P. .,'.F' ^fDlead(4•1 STATE OF MINNESOTA ) )ss: COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this? ,k day of December,2009,by George T. Holden, as Chief Manager of HOLDEN PROPERTIES COLORADO II, LLC,a Minnesota limited liability company. WITNESS my hand and official seal. My commission expires: / 'J l-k.S1O/cl , f� Y17u �C77 Notary Publi9 PONY LOU PASZKIWlcr Mary Public Mimosas 1 of 2 casitaoksarusor,a • 2010-2631 • eRecorded in We unty, CO Doc Id: 3665000 12/14/2009 04:09 Receipt#: 7445824 • Page: 2 of 2 Total Fee: $770.50 Steve Moreno, Clerk and Recorder • Schedule A Permitted Encumbrances 8. Water rights.claims or title to water,whether or not disclosed by the public records. 9. The right of the proprietor of a vein or lode to extract or remove his ore,should the same be found to penetrate or intersect the premises thereby granted and rights-of-way for ditches and canals as reserved in United States Patent recorded July 17,1888 in Book 34 at Page 260,and any and all assignments thereof or interests therein. 10. One-half Interest in all oil,gas and other minerals as reserved in Deed recorded January 6,1961 in Book 1574 at Page 519,and any and all assignments thereof or interests therein. 11. An Oil and Gas Lease,executed by Reuban J.Befus and Patricia J.Befus and Mary Befus as lessor(s) and by Fred C.Julander as lessee(s),for a primary term of 1 years,dated May 17,1972,recorded August 4,1972 In Book 673 at Reception No.1595016,and any and all assignments thereof or interests therein. Note: A Notice of Oil and Gas Interests and Surface Use In connection therewith recorded December 6, 2000 at Reception No.2811276. An Assignment recorded May 31,2007 at Reception No.3479640. 12. Terms,conditions,provisions,agreements.easements and obligations specified under the Right-of-Way Grant,which was recorded October 19, 1976 at Reception No. 1701680. 13. Easements and plat notes as set forth and shown on the Recorded Exemption No. 1313-14-2-RE1009 recorded May 14, 1987 at Reception No.2099770. 14. Easements and plat notes as set forth and shown on the plat of Del Camino Center P.U.D.District Plat recorded February 10, 1989 at Reception No.2170555. • 15. Terms,conditions,provisions,agreements and obligations specified under the Easement,which was recorded March 15,1993 at Reception No.2325076. Note: The above stated Easement was assigned to Rocky Mountain Pipeline System LLC by instrument • recorded October 12,2005 at Reception No.3331073. 16. An easement for underground utility systems and incidental purposes granted to Central Weld County Water District by the instrument recorded December 8,2000 at Reception No.2812315,according to the terms,conditions,provisions,agreements and obligations contained therein. 17. The effect of the Site Plan recorded January 13, 2001 at Reception No.2819804,and any and all supplements and amendments thereto. 18. The burdens of the terms,conditions,provisions,agreements,easements and obligations specified under the Grant of Easement,which was recorded November 19,2003 at Reception No.3128268. 19. An easement for underground pipeline and incidental purposes granted to Kinder Morgan,Inc.by the instrument recorded November 12,2004 at Reception No.3235056,according to the terms,conditions, provisions,agreements and obligations contained therein. 20 Easements and plat notes as set forth and shown on the Plats of Del Camino Center P.U.D.recorded August 2,1989 at Reception No.2187027:of Lot 1,Block 2,Del Camino Center P.U.D.recorded February 2,1993 at Reception No.2320408;of Amendment to Del Camino Center P.U.D.recorded February 28. 1993 at Reception No.2343406 and Ratification Agreements in connection therewith recorded June 29, 1994 at Reception No's 2395430 and 2395431,and of Lot 2,Block 2,Amendment to Del Camino Center P.U.D.recorded October 24.2000 at Reception No.2802119. 21. Any rights or interests which may exist or arise by reason of the following facts as set forth on the ALTAIACSM Land Title Survey prepared by Drexel.Barrett&Co.,dated December 19,2006, last revised October 1,2009 as Job No.5817-6,to wit A) The fact that curbing encroaches into various easements located throughout subject property. 2 of 2 i #91181 v7 Sou • • • First American Title Insurance Company - NCS 1125 17th Street, Suite 750 Denver, Colorado 80202 Phone: (303)876-1112 Fax:(877)235-9185 DATE: May 28, 2010 FILE NUMBER: NCS-442271-CO PROPERTY ADDRESS: Vacant land, Longmont, CO OWNER/BUYER: UQM Properties, Inc. , a Colorado corpora/ YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal: Revision No. : Schedule A: Schedule B - Section 1 Requirements: Schedule B - Section 2 Exceptions: • Should you have any questions regarding these materials, please contact First American Title Insurance Company National Commercial Services at the above phone number. We sincerely thank you for your business. TO: First American Title Insurance TITLE OFFICER: Sharon Yates Company National Commercial Services 1125 17th Street, Suite 750 PHONE: (303)876-1114 Denver, Colorado 80202 FAX: (877)235-9185 E-MAIL: syates@firstam.com DELIVERY: E-MAIL TO: First American Title Insurance ESCROW Mej Ellsworth Company National Commercial OFFICER: Services 1125 17th Street, Suite 750 PHONE: (303)876-1126 Denver, CO 80202 FAX: (877)235-9185 E-MAIL: mellsworth@firstam.com • DELIVERY: E-MAIL • • • To: Holme Roberts & Owen, LLP ATTN: John B. Wood 1801 13th St. Suite 300 PHONE: (303)417-8514 Boulder, CO 80302-5387 MOBILE: FAX: (303)866-0200 E-MAIL: john.wood@hro.com DELIVERY: E-MAIL ALTA Plain Language Commitment (2006) Commitment Page 2 Commitment Number: NCS-442271-CO To: UQM Properties, Inc. , a Colorado ATTN: corpora Vacant land PHONE: Longmont, CO MOBILE: FAX: E-MAIL: DELIVERY: E-MAIL To: Raw Land Solutions, LLC ATTN: Suzanne Wilson • PHONE: (303) 317-2330 MOBILE: FAX: (303) 550-5846 E-MAIL: swilson@rawlandsolutions.com DELIVERY: E-MAIL First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 3 Commitment Number: NCS-442271-CO Form No. 1342 (2006) ALTA Plain Language Commitment First American Title Insurance Company • INFORMATION • • • The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULE A 1. Commitment Date • 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I -- REQUIREMENTS SCHEDULE B-II -- EXCEPTIONS CONDITIONS YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 4 Commitment Number: NCS-442271-CO COMMITMENT FOR TITLE INSURANCE • ISSUED BY • • • First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without SCHEDULE A and Sections I and II of • SCHEDULE B. First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 5 Commitment Number: NCS-442271-CO CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your Land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or • encumbrances that appear for the first time in the public records or are created or • • attach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused • by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the Land must be based on this Commitment and is subject to its terms. 6. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of • Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the • • • Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/ . First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 6 Commitment Number: NCS-442271-CO CONDITIONS CONTINUED NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the proposed insured has notified or instructed the Company in writing to the contrary. NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording • or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non-residential withholding). Note: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a Notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. Note: C.R.S.39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado . Said declaration shall be completed and . signed by either the grantor or grantee. • • Note: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides • closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that: (A) The subject property may be located in a special taxing district; (B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer 's authorized agent; (C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral • interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise: (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 7 Commitment Number: NCS-442271-CO SCHEDULE A • • • • 1. Effective Date: May 21, 2010 at 5:00 p.m. Commitment No. NCS-442271-CO 2. Policy (or Policies) to be issued: Amount a. ALTA Owners Policy (06-17-06) $0.00 Proposed Insured: None b. ALTA Loan Policy 1056.06 (06-17-06) $None Proposed Insured: None 3. Fee Simple interest in the land described in this Commitment at the Effective Date, is vested in UQM Properties, Inc. , a Colorado corporation 4. The Land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto and made a part hereof • For informational purposes only: Vacant land, Longmont, Colorado Premiums: Owner Policy: $ Lenders Policy: $ Tax Certificate Fee: $ Endorsement(s): $ First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 8 Commitment Number: NCS-442271-CO EXHIBIT A Commitment No. : NCS-442271-CO The land referred to in Schedule A is situated in the County of Weld, State • of Colorado and is described as follows: • • • Note: The legal description of Parcel I is subject to change upon compliance with the Requirements herein. Parcel I: Lot 2, Block 2, Lot 2, Block 2, Amendment to Del Camino Center P.U.D. , County of Weld, State of Colorado. Parcel II: A non-exclusive easement to use an existing monument sign as set forth in Grant of Easement recorded November 19, 2003 at Reception Number 3128268. County of Weld, • State of Colorado. Parcel III: A 60' wide and 40' wide utility and private access easement as set forth on the Plat of Amendment to Del Camino Center P.U.D. recorded July 28, 1993 in Book 1394 at Reception Number 02343406. County of Weld, State of Colorado. First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 9 Commitment Number: NCS-442271-CO SCHEDULE B - SECTION I REQUIREMENTS • The following requirements must be met: • • • a. Pay the agreed amounts for the interest in the Land and/or the Mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. The following documents satisfactory to us must be signed, delivered and recorded: 1. Recordation of a plat replotting Lot 2, Block 2, of Lot 2, Block 2, Amendment to Del Camino Center P.U.D. , as described on the Plat thereof recorded October 24, 2000 at Reception No. 2802119, This commitment is issued for informational purposes only and is subject to further requirements and/or exceptions upon disclosure to the Company of the proposed insured. Liability is limited to • the amount paid for this report. First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 10 Commitment Number: NCS-442271-CO SCHEDULE B - SECTION II EXCEPTIONS FROM COVERAGE Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 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 correct survey and inspection of the Land would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights-of- way for ditches and canals as reserved in United States Patent recorded July 17, 1886 in Book 34 at Page 260, and • any and all assignments thereof or interests therein. 8. One-half interest in all oil, gas and other minerals as reserved in Deed recorded January 6, 1961 in Book 1574 at Page 519, and any and all assignments thereof or interests therein. 9. An Oil and Gas Lease, executed by Reuban J. Befus and Patricia J. Befus and Mary Befus as lessor(s) and by Fred C. Julander as lessee(s), for a primary term of 1 year, dated May 17, 1972, recorded August 4, 1972 in Book 673 at Reception No. 1595016, and any and all assignments thereof or interests therein. Note: A Notice of Oil and Gas Interests and Surface Use in connection therewith recorded December 6, 2000 at Reception No. 2811276. Note: Assignments recorded May 31, 2007 at Reception No. 3479640 and December 14, 2009, at Reception Number 3665001. • 10. Terms, conditions, provisions, agreements, easements and obligations • • • specified under the Right- of-Way Grant, which was recorded October 19, 1976 at Reception No. 1701680. 11. Easements and plat notes as set forth and shown on the Recorded Exemption No. 1313-1 4-2RE1 009 recorded May 14, 1987 at Reception No. 2099770. First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 11 Commitment Number: NCS-442271-CO 12. Easements and plat notes as set forth and shown on the plat of Del Camino Center P.U.D. District Plat recorded February 10, 1989 at Reception No. 2170555. 13. Easements, dedications and notes as set forth and shown on the plat of Del Camino Center P.U.D. recorded August 2, 1989 at Reception No. 2187027. • 14. Easements, dedications and notes as set forth and shown on Amendment to Del Camino Center P.U.D. recorded February 28, 1993 at Reception No. 2343406 and Ratification Agreements in connection therewith recorded June 29, 1994 at Reception Nos. 2395430 and 2395431. 15. Terms, conditions, provisions, agreements and obligations specified under the Easement, which was recorded March 15, 1993 at Reception No. 2325076. Note: The above stated Easement was assigned to Rocky Mountain Pipeline System LLC by instrument recorded October 12, 2005 at Reception No. 3331073. 16. Easements, dedications and notes as set forth and shown on Lot 2, Block 2, Amendment to Del Camino Center P.U.D. recorded October 24, 2000 at Reception No. 2802119. 17. An easement for underground utility systems and incidental purposes granted to Central Weld • County Water District by the instrument recorded December 8, 2000 at Reception No. 2812315. • • • 18. The effect of the Site Plan recorded January 18, 2001 at Reception No. 2819804. 19. Terms, conditions, provisions, agreements, easements and obligations specified under the Grant of Easement, recorded November 19, 2003 at Reception No. 3128268. 20. Terms, conditions, provisions, obligations and easements as contained in Right-of Way Grant for underground pipeline and incidental purposes granted to Kinder Morgan, Inc. by the instrument recorded November 12, 2004 at Reception No. 3235056. 21. Terms, conditions, provisions obligations and easements as contained in Grant of Easement to United Power recorded January 16, 2009 at Reception No. 3600091. 22. Any right or claim to water in on or under the land. 23. Existing leases and tenancies. • First American Title Insurance Company ALTA Plain Language Commitment (2006) Commitment Page 12 Commitment Number: NCS-442271-CO PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information n particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your • personal information. • • • Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or • others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our • behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint • . • marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First Americanis Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. • 2001 The First American Corporation i All Rights Reserved • First American Title Insurance Company • Hello