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Home My WebLink About820582.tiff ^�1_ '�1A'al s"§l:r '3ie 11 -"'vl.. 'sit":. zls"�.lb:"`a it .I''-al_ •_i. "3i _1. ? 1. i. ^a. .ir eAr Ar .A-+s--': ,..40. AMERICAN LAND TITLE ASSOCIATION -44 OWNER'S POLICY FORM B-1970 (Amended 10-17-70) sI. 06 029 04 00097 ;, ft4 .. If CHICAGO TITLE INSURANCE COMPANY A `' 0' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN 5. SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, r CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, µ insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of 4' 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: a 44 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated .. r therein; '" 2. Any defect in or lien or encumbrance on such title; s 3. Lack of a right of access to and from the land;or rl 4. Unmarketability of such title. x In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed n and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned 'ft Of by an authorized signatory. bb. 4 k 40 CHICAGO TITLE INSURANCE COMPANY t N Issued by: By• WELD COUNTY TITLE COMPANY M. Greeley, - 8th Avenue i��'� r M ° Greeley, Colorado 80631 N (303) 356-3232 Metro (303) 623-3232 44 �E President. w-. o. GURPORgrE`:o� ATTEST: v T x Coffin. e. 71,--C-,+.�'—,.Q '- to t Secretary. I. s, IMPORTANT ' d p'b, This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser W, y of the real estate described herein may be insured against defects, liens or encumbrances, this policy rr should be reissued in the name of such purchaser. .dci �a 41:W. �T'",.$T'°aa�"₹Fu,fT'k,ss3'e..ss'{:'e..,�'{^m,.�tti.,."{N .s7�..>{'�.,4TH-',${ .'t� ,"T'.s,€Fro�.sF�,.e{^s.;':r�[<�P{s;.a. *a..r7�.' i Ilr�? 8 20 58 2 Copyri4ht 1969 American Land Titer Association / ORMICt 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 Jimited to building and zoning ordinances) restricting 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, ordinance 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 subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. OWNERS FORM • SCHEDULE A 3 —.. 4 or,Icl- NUMEU R J uicv NUMBE_P DATE l)F PULICY AMOUNT of INSURANCE February 15, 1982 W$ 2777 _I 06-029-04-00097 _@ 7:00 A.M. $500,000.00 Same of Insured: COUNTY OF WELD, STATE OF COLORADO, A BODY CORPORATE AND POLITIC _4 the estate or interest in the land described herein and which is covered by this policy is: Ace simple 3. The estate of interest referred to herein is at Date of Policy vested in the insured. 4_ Lie land herein described is encumbered by the following mortgage or trust deed. and assignments: NONE and the mortgages or trust deeds, if any,shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: SEE ADDED PAGE ATTACHED HERETO 7 �7 C aA,Y tAir 11 L' R Iry ]I alteetet cQuis rit This policy valid only if Schedule B is attached. FORM 3214 R.7/79 ADDED GAG T Ien (Schedule A continued) Policy Number 06-029-04-00097 Ownen Policy Number XXXXXXXXXXXXXXX Loon All that part of the NE1/4SW14 and the NW14SEa and the NE1/4SE4 Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto and beginning at the E1/4 corner of said Section 31, thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point, thence North 89°32'30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0°13'50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162.50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37'00" West a distance of 335 feet, thence North 30°39'00" West a distance of 353 feet, thence South 52°33'00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478.07 feet, thence South 44°51'10" West 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River, thence South 71°07'20" West a distance of 222.20 feet, thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687.85 feet, thence North 55°22'10" West a distance of 77.24 feet, thence North 65°16'30" West a distance of 129.80 feet, thence North 87°57'50" West a distance of 208.50 feet, thence South 75°35'50" West a distance of 170.90 feet, thence South 89°18'50" West a distance of 271.80 feet to a point where said line intersects the West line of the NE14SW4 of said Section 31, thence North 01°11'10" East a distance of 1073.76 feet along the West line of the NE14SW14, thence South 89°53'4011 East a distance of 3970.88 feet along the North line of NE 5O4, and the NW1SE4, and the NE1/4SE1/4 to the point of beginning. A portion of said description is also known as a part of Lot 1, Block 178, City of Greeley, Weld County, Colorado. OWNERS FORM FORM 3566 5-9-70 SCHEDULE B Policy Number 06-029-04-00097 Owners This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements 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 or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A. 6. Taxes for the year 1982, a lien, but not yet due or payable. 7. Rights of way and easements as now established and used, including but not limited to roads, ditches, pipe lines, power lines, and telephone lines. 8. Right of way for county roads 30 feet wide on either side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 9. Right of way for railroad purposes as reserved in instrument from John Evans, Trustee, to Gilbert W. Phelps recorded April 30, 1870 in Book 1 at Page 547, said right of way not being specifically defined. 10. Right of way for private roadway purposes as reserved in instrument from Alfred Baxter to Albert Howard, recorded May 11, 1883 in Book 35 at Page 546, said right of way being from the Southeast corner of Lot No. 1 in the SEkNW1/4 of said Section 31, along the center line of said section to the Public Road leading to what is known as the Jackson Street Bridge. 11. Right of way for waste-water purposes as reserved in instrument from Alfred Baxter to Albert Howard, recorded May 11, 1883 in Book 35 at Page 546, said right of way not being specifically defined. 12. Right of way for waste-water purposes as reserved in instrument from Jackman Baxter to Alfred Howard, recorded May 11, 1883 in Book 35 at Page 547, said right of way not being specifically defined. 13. Right of way easement for the Butler-Howard Ditch and Drainage System as established in agreement between Stillman K. Thompson, Albert Howard and Albert D. Butler, recorded May 7, 1898 in Book 157 at Page 311, said right of way not being specifically defined. SEE ADDED PAGE ATTACHED HERETO Eeµntersii/g/l (y,/�� / a/ /Authorized Signatory ; (��///. Schedule B of this Policy consists of 2 pages. ADDED PAGE Form 3237 R-,L6. (Schedule B continued) Policy Number 06-029-04-00097 Owners Policy Number XXXXXXXXXXXXXXX loon 14. Right of way for telephone and telegraph line purposes as granted to Mountain States Telephone and Telegraph Co. by instrument recorded August 6, 1918 in Book 512 at Page 312, said right of way being a ten foot strip of land adjoining the State Highway on the East through the NE14 of Section 31, and lots 1 & 2 in the NE1 of the SE14 of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado. 15. Right of way for public highway purposes as granted to Weld County, Colorado by instrument recorded November 23, 1932 in Book 939 at Page 461, said right of way being a strip of ground of parcel of land within the boundaries of the SE1 of Section 31, Township 6 North, of Range 65 West of the 6th P.M. , lying Westerly from a centerline, described as follows: Commencing at a point, which is 890.5 feet on a bearing North 0°42' East, thence North 0°36' West 958.2 feet which is 1843.7 feet from the Southeast corner of Section 31, which is Sta. 680 on said centerline, thence at right angles 33 feet Westerly from Sta. 680 to point of beginning, thence North 0°36' West 680 feet, thence South 89'24' West 7 feet, thence South 0°36' East 680 feet, thence North 89°24' East 7 feet to point of beginning, containing 0. 11 acres, more or less. 16. Reservation as contained in Patent recorded April 29, 1876 in Book 20 at Page 75, said reservation being as follows: Excluding and excepting "All Mineral Lands" should any such be found to exist, but this exclusion and exception shall not be construed to include coal and iron land. 17. Terms, conditions, and provisions as set forth in Mining Plan recorded December 22, 1978 in Book 855 as Reception No. 1776594. CONDITIONS AND STIPULATIONS 1. Definition of Terms policy, the Company may pursue any such litigation to final determi- The following terms when used in this policy mean: nation by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or (a) "insured": the insured named in Schedule A, and, subject to order. any rights or defenses the Company may have had against the named a all cases where this policy permits or requires the Company insured, those who succeed to the interest of such insured by operation (e) of law as distinguished from purchase including, but not limited to, to prosecute or provide for the defense of any action or proceeding, heirs, distributees, devisees, survivors, personal representatives, next of the insured hereunder shall secure to the Company the right to so kin, or corporate or fiduciary successors. prosecute or provide defense in such action or proceeding, and all (b) "insured claimant": an insured claiming loss or damage here- appeals therein, and permit the Company to use, at its option,the name of such insured for such purpose. Whenever requested by the Com- under. pany, such insured shall give the Company all reasonable aid in any (c) "knowledge": actual knowledge, not constructive knowledge or such action or proceeding, in effecting settlement, securing evidence, notice which may be imputed to an insured by reason of any public obtaining witnesses, or prosecuting or defending such action or pro- records. ceeding, and the Company shall reimburse such insured for any (d) "land": the land described,specifically or by reference in Schedule expense so incurred. A, and improvements affixed thereto which by law constitute real prop- erty; provided, however,the term "land" does not include any property 4. Notice of Loss—Limitation of Action beyond the lines of the area specifically described or referred to in In addition to the notices required under paragraph 3(b) of these Schedule A, nor any right, title, interest, estate or easement in abutting Conditions and Stipulations, a statement in writing of any loss or dam- streets, roads, avenues, alleys, lanes, ways or waterways, but nothing age for which it is claimed the Company is liable under this policy herein shall modify or limit the extent to which a right of access to shall be furnished to the Company within 90 days after such loss or and from the land is insured by this policy. damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have (e) "mortgage": mortgage,deed of trust,trust deed, or other security been furnished. Failure to furnish such statement of loss or damage instrument. shall terminate any liability of the Company under this policy as to (f) "public records": those records which by law impart constructive such loss or damage. notice of matters relating to said land. 5. Options to Pay or Otherwise Settle Claims 2. Continuation of I fter Conveyance of Title The Company shall have the option to pay or otherwise settle for The coverage of this policy shall continue in force as of Date of or in the name of an insured claimant any claim insured against or to Policy in favor of an insured so long as such insured retains an estate terminate all liability and obligations of the Company hereunder by or interest in the land, or holds an indebtedness secured by a purchase paying or tendering payment of the amount of insurance under this money mortgage given by a purchaser from such insured, or so long policy together with any costs, attorneys' fees and expenses incurred as such insured shall have liability by reason of covenants of warranty up to the time of such payment or tender of payment, by the insured made by such insured in any transfer or conveyance of such estate or claimant and authorized by the Company. interest; provided, however, this policy shall not continue in force in 6. Determination and Payment of Loss favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage (a) The liability of the Company under this policy shall in no case given to such insured. exceed the least of: (i) the actual loss of the insured claimant; or 3. Defense and Prosecution of Actions---Notice of Claim (ii) the amount of insurance stated in Schedule A. to be given by an 1 d Claimant (a) The Company, at its own cost and without undue delay, shall (b) The Company will pay, in addition to any loss insured against provide for the defense of an insured in all litigation consisting of by this policy, all costs imposed upon an insured in litigation carried actions or proceedings commenced against such insured, or a defense on by the Company for such insured, and all costs, attorneys' fees and interposed against an insured in an action to enforce a contract for a expenses in litigation carried on by such insured with the written sale of the estate or interest in said land, to the extent that such litiga- authorization of the Company. tion is founded upon an alleged defect, lien, encumbrance, or other (c) When liability has been definitely fixed in accordance with the matter insured against by this policy. conditions of this policy, the loss or damage shall be payable within (b) The insured shall notify the Company promptly in writing (i) in 30 days thereafter. case any action or proceeding is begun or defense is interposed as set y. Limitation of Liability forth in (a) above, (ii) in case knowledge shall come to an insured No claim shall arise or be maintainable under this policy (a) if the hereunder of any claim of title or interest which is adverse to the Company, after having received notice of an alleged defect, lien or title to the estate or interest, as insured, and which might cause loss encumbrance insured against hereunder, by litigation or otherwise, or damage for which the Company may be liable by virtue of this removes such defect, lien or encumbrance or establishes the title, as policy, or (iii) if title to the estate or interest, as insured, is rejected as insured, within a reasonable time after receipt of such notice; (b) in unmarketable. If such prompt notice shall not be given to the Com- the event of litigation until there has been a final determination by a pany, then as to such insured all liability of the Company shall cease court of competent jurisdiction, and disposition of all appeals there- and terminate in regard to the matter or matters for which such from, adverse to the title, as insured, as provided in paragraph 3 prompt notice is required; provided, however, that failure to notify hereof; or(c) for liability voluntarily assumed by an insured in settling shall in no case prejudice the rights of any such insured under this any claim or suit without prior written consent of the Company. policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. 8. Reduction of Liability All payments under this policy, except payments made for costs, (c) The Company shall have the right at its own cost to institute attorneys' fees and expenses, shall reduce the amount of the insurance and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to pro tanto. No payment shall be made without producing this policy establish the title to the estate or interest as insured, and the Company for endorsement of such payment unless the policy be lost or destroyed, may take any appropriate action under the terms of this policy,whether in which case proof of such loss or destruction shall be furnished to or not it shall be liable thereunder, and shall not thereby concede the satisfaction of the Company. liability or waive any provision of this policy. 9. Liability Noncumulative (d) Whenever the Company shall have brought any action or inter- It is expressly understood that the amount of insurance under this posed a defense as required or permitted by the provisions of this policy shall be reduced by any amount the Company may pay under CONDITIONS AND STIPULATIONS (Continued on Reverse Side) CONDITIONS AND STIPULATIONS (Continued) any policy insuring either (a) a mortgage shown or referred to in and remedies against any person or property necessary in order to Schedule B hereof which is a lien on the estate or interest covered by perfect such right of subrogation and shall permit the Company to use this policy, or (b) a mortgage hereafter executed by an insured which the name of such insured claimant in any transaction or litigation is a charge or lien on the estate or interest described or referred to in involving such rights or remedies. If the payment does not cover the Schedule A, and the amount so paid shall be deemed a payment under loss of such insured claimant, the Company shall be subrogated to this policy. The Company shall have the option to apply to the pay- such rights and remedies in the proportion which said payment bears ment of any such mortgages any amount that otherwise would be pay- to the amount of said loss. If loss should result from any act of such able hereunder to the insured owner of the estate or interest covered insured claimant, such act shall not void this policy, but the Com- by this policy and the amount so paid shall be deemed a payment pany, in that event, shall be required to pay only that part of any losses under this policy to said insured owner. insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 10. Apportionment If the land described in Schedule A consists of two or more parcels 12. Liability Limited to this Policy which are not used as a single site, and a loss is established affecting This instrument together with all endorsements and other instru- one or more of said parcels but not all, the loss shall be computed ments, if any, attached hereto by the Company is the entire policy and and settled on a pro rata basis as if the amount of insurance under contract between the insured and the Company. this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made Any claim of loss or damage, whether or not based on negligence, subsequent to Date of Policy, unless a liability or value has otherwise and which arises out of the status of the title to the estate or interest been agreed upon as to each such parcel by the Company and the covered hereby or any action asserting such claim, shall be restricted insured at the time of the issuance of this policy and shown by an to the provisions and conditions and stipulations of this policy. express statement herein or by an endorsement attached hereto. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the 11. Subrogation Upon Payment or Settlement President, a Vice President, the Secretary, an Assistant Secretary, or Whenever the Company shall have settled a claim under this policy, validating officer or authorized signatory of the Company. all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and 13. Notices,Where Sent be entitled to all rights and remedies which such insured claimant All notices required to be given the Company and any statement in would have had against any person or property in respect to such writing required to be furnished the Company shall be addressed to its claim had this policy not been issued, and if requested by the Com- principal office at 111 West Washington Street, Chicago, Illinois 60602, pany, such insured claimant shall transfer to the Company all rights or at any branch office of the Company. c ' vv i_ "++1.- _1_":`'+a 1. a `*.ls' Sl.' `be L,C ,l: ele 1 �1. 1_ .1 ":•a l...al 1 `xl - l ,.•sl .1 'Ll �1. w w 0 - n H z m DI O H r E -, Y O '" x c1 —I 2' CI r, : : O e P x o co < n �, y r- ae. r z b N n o > = 0 ll.. ; D � o Z 0 9 C; omm by > r /1 � o c v ,..< z O 09 as 0m A9 N Y • 3~y m o e Li Li m o t. ra Hello