HomeMy WebLinkAbout20073271.tiff American Land Title Association Commitment— 1982
TITLE INSURANCE COMMITMENT
BY
stewart.
- - .title guaranty company
Order Number: 20070360
We agree to issue 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 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-B.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
THIS COMMITMENT IS NOT AN ABSTRACT,EXAMINATION,REPORT OR REPRESENTATION OF FACT OR
TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,
NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF
COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH
4 OF THE CONDITIONS.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers on the date shown in Schedule A.
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Stewart Title of Colorado
3665 John F.Kennedy Parkway,Building 2,Suite 300
Fort Collins,CO 80525
Order Number: 20070360
Page 1 of 2 Commitment-235 W/O Disclosure `
2007-3271
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records"
means title records that five 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 H may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached 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 shown 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 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
-e -
Order Number: 20070360
Pagc 2 of 2 Commitment—235 W/O Disclosure
' / A
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
• Effective Date: July 5, 2007 at 8:00 a.m. Commitment No. 20070360 Amended C-3-
UPDATED
2. Policy or Policies To Be Issued: Rate Type: Search Fee
Owner's Policy
( )ALTA(1992)Owner's Policy Amount:
( ) Standard ( ) Extended Premium:
Lender's Policy
( )ALTA 1992 Loan Policy Amount:
( )Standard( )Extended Premium:
Additional Endorsements: Search Fee Premium: $450.00
2"°Lender's Policy
•
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple,excepting therefrom the mineral estate, sand and gravel
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Midwest Heritage Inn of Visalia, Inc., a North Dakota Corporation and
Midwest Heritage Inn of Deptford, Inc., a North Dakota Corporation
5. The land referred to in this Commitment is described as follows.
See Attached Legal Description
Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule A
Page 1 of 2
EXHIBIT "A"
SEE ATTACHED EXHITBIT "A"PARCEL 1 AND PARCEL 2
SITUATE IN Weld COUNTY
For Information Only
Property Address: TBD Colorado
•
• Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule A
Page 2 of 2
SCHEDULE B-Section 1
• REQUIREMENTS
Order Number: 20070360
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record,to wit:
1. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A
LATER DATE
NOTE:
"The COMPANY reserves the right to make any additional REQUIREMENTS AND/OR
EXCEPTIONS to this commitment and any subsequent ENDORSEMENTS thereto,once the
NAME(S)of the INSURED(S) and the AMOUNT(S) of LIABILITY have been
DISCLOSED"
•
Stewart Title Guaranty Company for Fort Collins Division
• Commitment—Schedule B I
Page I of I
SCHEDULE B—Section 2
• EXCEPTIONS
Order Number: 20070360
The policy or policies to be issued will contain exceptions to the following unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts,
which a correct survey and inspection of the premises would disclose, and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by laws and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing
the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
• 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes, assessments and unredeemed tax sales.
8. Right of Way for county roads 30 feet wide on either side of section and township lines, as
established by the Board of County Commissioners for Weld County, recorded October 14,
1889 in Book 86 at Page 273. (Parcel II)
9. An easement for railroad and incidental purposes as reserved by Denver Pacific Railway and
Telegraph Co in instrument recorded February 19, 1878 in Book 20 at Page 357, upon the
terms and conditions therein set forth. (Section 27)
10. A Condition contained in the United States Patent recorded April 20, 1882, in Book 20, at
Page 367, Weld County Records, which states as follows: "Subject to any vested and accrued
water rights for mining, agricultural, manufacturing or other purposes, and right 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 Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore there from, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)
Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule B 2
• Page I of6
11. A Condition contained in the United States Patent recorded November 6, 1884, in Book 34,
at Page 199 and 200, Weld County Records, which states as follows: "Subject to any vested
•
and accrued water rights for mining, agricultural, manufacturing or other purposes, and right
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 Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore there from, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)
12. A Condition contained in the United States Patent recorded March 2, 1891, in Book 51, at
Page 136, Weld County Records, which states as follows: "Subject to any vested and accrued
water rights for mining, agricultural, manufacturing or other purposes, and right 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 Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore there from, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)
13. A Condition contained in the United States Patent recorded November 9, 1897, in Book 57,
at Page 35, Weld County Records, which states as follows: "Subject to any vested and
accrued water rights for mining, agricultural, manufacturing or other purposes, and right 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 Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore there from, should the
• same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)
14. An easement for ditch and incidental purposes as granted by an instrument recorded March 2,
1891 in Book 97 at Page 400 upon the terms and conditions therein set forth. (Section 34)
15. An easement for ditch and incidental purposes as granted by an instrument recorded April 17,
1893 in Book 114 at Page 35 upon the terms and conditions therein set forth. (Section 27)
16. An easement for ditch and incidental purposes as granted by an instrument recorded February
9, 1900 in Book 178 at Page 189 upon the terms and conditions therein set forth. (Section 34)
17. An easement for ditch and incidental purposes as granted by an instrument recorded April 14,
1904 in Book 208 at Page 516 upon the terms and conditions therein set forth. (Section 34)
18. Access rights as conveyed by instrument recorded April 10, 1958 in Book 1500 at Page 263.
(Sections 27 and 34)
19. Oil and gas lease recorded May 15, 1970 in Book 625 at Reception No. 1547384 and re-
recorded April 8, 1971 in Book 643 at Reception No. 1565393, and any and all assignments
thereof, or interests therein. (Sections 27, 34 and 3)
Stewart Title Guaranty Company for Fon Collins Division
Commitment—Schedule B 2
• Page 2 of 6
20. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
Line Company by an instrument recorded August 9, 1973 in Book 697 at Reception
• No.1619050 upon the terms and conditions therein set forth. (Section 27)
21. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded June 3, 1974 in Book 716 at Reception No.
1637786 upon the terms and conditions therein set forth. (Section 27)
22. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded February 18, 1975 in Book 732 at Reception No.
1654324 upon the terms and conditions therein set forth. (Section 27 and 34)
23. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded May 5, 1975 in Book 738 at Reception No.
1659637 upon the terms and conditions therein set forth. (Section 27, 34 and 3)
24. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded May 21, 1975 in Book 739 at Reception No.
1660908 upon the terms and conditions therein set forth. (Section 27 and 34)
25. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded June 21, 1976 in Book 770 at Reception No.
1691732 upon the terms and conditions therein set forth. (Section 27)
26. An easement for right of way and incidental purposes as granted to Tri-State Generation and
• Transmission Association, Inc. by an instrument recorded October 15, 1976 in Book 779 at
Reception No. 1701390 upon the terms and conditions therein set forth. (Section 27)
27. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
Line Company by an instrument recorded September 7, 1979 in Book 881 at Reception No.
1802525 upon the terms and conditions therein set forth. (Section 27)
28. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
Line Company by an instrument recorded July 11, 1980 in Book 908 at Reception No.
1829879 upon the terms and conditions therein set forth. (Section 27 and 34)
29. All oil, gas and other minerals as reserved in instrument recorded April 8, 1982 in Book 965
at Reception No.1888197, and any and all assignments thereof or interests therein. (Section
27)
30. An easement for right of way and incidental purposes as granted to Department of
Transportation, State of Colorado by an instrument recorded May 21, 1999 at Reception No.
2695320 upon the terms and conditions therein set forth. (Section 34 and 3)
31. An easement for right of way and incidental purposes as granted to United Power, Inc. by an
instrument recorded June 24, 1999 at Reception No. 2698356 upon the terms and conditions
therein set forth. (Section 34)
Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule B 2
• Page 3 of 6
32. An easement for right of way and incidental purposes as granted to Longs Peak Water
District by an instrument recorded October 2, 2001 at Reception No. 2888262 upon the terms
and conditions therein set forth. (Section 27 and 34)
33. An easement for right of way and incidental purposes as granted to Longs Peak Water
District by an instrument recorded January 23, 2002 at Reception No. 2919117 upon the
terms and conditions therein set forth. (Section 27 and 34
34. An easement for underground sanitary sewer lines and incidental purposes as granted to St.
Vrain Sanitation District by an instrument recorded March 29, 2001 at Reception No.
2836231 upon the terms and conditions therein set forth. (Section 27)
35. An easement for right of way and incidental purposes as granted to Kerr-McGee Gathering
LLC by an instrument recorded September 15, 2003 at Reception No. 3106565 upon the
terms and conditions therein set forth. (Section 34)
36. Notes, restrictions, conditions, stipulations and easements, if any, imposed upon subject
property by Recorded Exemption 1207-34-2-RE-3087 recorded June 3, 2002 at Reception
No. 2957453 (Section 34).
37. Existing leases as evidenced by the following:
Recreational Lease between First Mainstreet Bank as Trustee of the Edwin Anderson Family
Trust, etc and Foster Lake Club, Inc.
• Residence Lease between James E. Anderson and Orlando Villereal &Jackie Merritt.
Residence Lease between James E. Anderson and Jon M. Hardman and Wm. Knox Tidwell.
Lease Agreement between Jim Anderson and Richard&Cathie Gantenbein..
38. All right, title or claim or any character by the United States, state, local government or by the
public generally in and to any portion of the land lying within the current or former bed, or
below the ordinary high water mark, or between the cut banks of a stream navigable in fact or
in law. Right of riparian water rights owners to the use and flow of the water. The
consequence of any past or future change in the location of the bed.
39. Rights, if any, of the property owners abutting the Highland Reservoir No. 3 aka Foster
Reservoir, or adjoining streams or water in and to the water of the lake and in and to bed
thereof. Boating and fishing rights of property owners abutting the lake or the stream of water
leading thereto or there from. Navigational servitudes and all other rights, titles, and powers
of the Untied State, the state, local government and the public over said lake, its bed, and its
shore lands extending to the ordinary high water line thereof. The consequence of any change
in the location of the lake which forms a boundary line of the land, including any
determination that some portion of the land has been included with Highland Reservoir No. 3
aka Foster Reservoir.
Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule B 2
• Page 4 of 6
40. Terms, conditions, provisions, and stipulations as contained in Non-Exclusive Utility
Easement Agreement recorded January 16,2006 at Reception No. 3355083. (Section 34)
•
41. Terms, conditions, provisions, and stipulations as contained in Non-Exclusive Utility
Easement Agreement recorded January 16, 2006 at Reception No. 3355084. Section 3)
42. Water rights,claims or title to water.
43. Surface use rights in Foster Reservoir and All Mineral Interests as granted to Midwest
Heritage Inn of Visalia, Inc., a North Dakota Corporation and Midwest Heritage Inn of
Deptford, Inc., a North Dakota Corporation by an instrument recorded May 3, 2006 at
Reception No. 3384527, and any and all assignments thereof or interests therein.
44. Terms, conditions, provisions, and stipulations as contained in Right of First Refusal
Agreement recorded May 3, 2006 at Reception NO. 3384529.
45. Terms, conditions, provisions, and stipulations as contained in Foster Reservoir Recreational
Use Agreement recorded May 3, 2006 at Reception No. 3384530.
46. All minerals and mineral rights as granted to Waterfront At Foster Lake, LLC by an
instrument recorded May 3, 2006 at Reception No. 3384531, and any and all assignments
thereof or interests therein.
47. Terms,conditions,provisions, and stipulations as contained in Easement Agreement recorded
• May 3,2006 at Reception No. 3384532.
48. Notice of Lis Pendens recorded August 29, 2006 at Reception No. 3415666, entitled
Department of Transportation, State of Colorado, Plaintiff, vs. "See Document", Defendants,
Case No. 2006CV620, in the District Court in and for the County of Weld, State of Colorado.
49. Notice of Lis Pendens recorded December 27, 2006 at Reception No. 3442755, entitled
Department of Transportation, Plaintiff, vs. "See Document", Defendants, Case No.
2006CV810, in the District Court in and for the County of Weld, State of Colorado.
50. Terms, conditions, provisions, and stipulations as contained in Easement Agreement between
Midwest Heritage Inn of Visalia, Inc. and Midwest Heritage Inn of Deptford, Inc. recorded
June 8,2007 at Reception No. 3482128.
51. An easement for electric distribution and incidental purposes as granted to United Power, Inc.
by an instrument recorded June 27, 2007 at Reception No. 3486210 upon the terms and
conditions therein set forth.
NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities
have been filed with the Clerk and Recorder. These statements are general and do not
necessarily give notice of underground facilities with in subject property:
Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule B 2
• Page of
Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 under
Reception No. 2058722.
• Union Rural Electric Association, Inc. (United Power, Inc.) recorded January 24, 1991 in
Book 1288 under Reception No. 2239296.
•
Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule B 2
• Page 6 of 6
• Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act(GLBA)generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Stewart Title of Colorado.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files,or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
• We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we have
joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information-
•
• DISCLOSURES
Order No. 20070360
Pursuant to C.R.S. 10-11-122,notice is hereby given that:
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED INA SPECIAL TAXING DISTRCT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACHTAXING JURISDICTION SHALL 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: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that"Every title
entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title
entity conducts the closing and is responsible for recording or filing of legal documents resulting from the
transaction which was closed." Provided that Stewart Title of Larimer County, Inc. conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction,exception number
will not appear on the Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of
Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon
compliance with the following conditions:
• A. The land described in Schedule A of this commitment must be a single-family residence, which
includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction
on the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled
mechanic's and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be
purchased,within six months prior to the Date of the Commitment,the requirements to obtain coverage
for unrecorded lines will include: disclosure of certain construction information; financial information
as to the seller, the builder and/or the contractor;payment of the appropriate premium; fully executed
Indemnity agreements satisfactory to the company; and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
• File No.20070360
Stewart Title of Colorado
Disclosures Rev. 10/99
• DISCLOSURE
Order No: 20070360
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following
disclosure:
(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.
Note:
•
• Order No:20070360
Stewart Title of Colorado
Mineral Disclosure
Rev.07/2001
• EXHITBIT"A" PARCEL 1
LEGAL DESCRIPTION
NORTH PARCEL
A TRACT OF LAND LOCATED IN SEI/4 OF SECTION 27,T3N,R68W OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27,FROM
WHICH THE S1/4 CORNER OF SAID SECTION 34 BEARS N89°07'24"E,THENCE
N89°07'24"E, 30.00 FEET ALONG THE SOUTH LINE OF SW1/4 OF SAID SECTION
27 TO THE EAST LINE OF THE WESTERLY 30.00 FEET OF THE SW 1/4 OF SAID
SECTION 27; THENCE N00°22'18"W, 30.00 FEET ALONG THE EAST LINE OF
THE WEST 30.00 FEET OF THE SW 1/4/4 OF SAID SECTION 27 TO THE NORTH
LINE OF THE SOUTH 30.00 FEET OF THE SW 1/4 OF SAID SECTION 27 AND THE
TRUE POINT OF BEGINNING;
THENCE N00°22'18"W,2624.06 FEET ALONG THE EAST LINE OF THE WEST
30.00 FEET OF THE SW 1/4 OF SAID SECTION 27 TO THE EAST-WEST
CENTERLINE OF SAID SECTION 27;
THENCE N89°04'54"E, 1354.33 FEET ALONG THE EAST-WEST CENTERLINE OF
• SAID SECTION 27 TO THE WESTERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED IN BOOK 163 AT PAGE 485 OF THE RECORDS OF WELD COUNTY,
COLORADO;
THE FOLLOWING EIGHT (8) COURSES AND DISTANCES ARE ALONG THE
WESTERLY AND SOUTHERLY LINES OF THAT TRACT OF LAND AS
DESCRIBED IN SAID BOOK 163 AT PAGE 485:
THENCE 506°51'07"W, 267.00 FEET;
THENCE 530°38'53"E,445.00 FEET;
THENCE S42°21'07"W,219.00 FEET;
THENCE S23°06'07"W, 660.00 FEET;
THENCE S24°53'53"E, 700.00 FEET;
THENCE N88°51'07"E, 454.00 FEET;
THENCE S60°53'53"E, 385.00 FEET;
•
• THENCE N86°21'07"E, 178.52 FEET TO THE SOUTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE 35 OF THE
RECORDS OF WELD COUNTY, COLORADO;
THENCE S75°00'00"E, 155.12 FEET ALONG THE SOUTHERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED AT SAID BOOK 114 IN PAGE 35
TO THE EAST LINE OF THE SW 1/4/4 OF SAID SECTION 27;
THENCE S00°24'02"W, 89.30 FEET ALONG THE EAST LINE OF THE SW1/4 OF
SAID SECTION 27 TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED AT RECEPTION NO. 2009954 OF THE RECORDS OF WELD
COUNTY, COLORADO;
THE FOLLOWING THREE (3) COURSES AND DISTANCES ARE ALONG THE
SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 2009954:
THENCE S85°38'17"E, 582.91 FEET;
THENCE N65°31'22"E, 315.60 FEET;
THENCE N52°04'24"E, 339.15 FEET;
• THENCE N50°39'42"E, 213.85 FEET;
THENCE N21°19'16"E, 257.83 FEET;
THENCE N00°31'12"W,298.26 FEET;
THENCE N14°21'24"W, 244.37 FEET;
THENCE N12°34'51"W, 588.61 FEET;
THENCE N43°15'27"E, 134.45 FEET;
THENCE N51°34'02"E, 332.64 FEET;
THENCE N41°59'02"E, 419.65 FEET TO THE EAST-WEST CENTERLINE OF
SAID SECTION 27;
THENCE N89°04'54"E, 572.71 FEET ALONG THE EAST-WEST CENTERLINE OF
SAID SECTION 27 TO THE NORTHWEST CORNER OF PARCEL NO. 6 AS
DESCRIBED IN BOOK 1500 PAGE 265 OF THE RECORDS OF WELD COUNTY,
COLORADO;
•
• THENCE S00°06'35"W,2627.80 FEET ALONG THE WESTERLY LINE OF SAID
PARCEL NO. 6 TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF THE SE1/4
OF SAID SECTION 27;
THENCE S89°07'12"W, 2407.40 FEET ALONG THE NORTH LINE OF THE SOUTH
30.00 FEET OF THE SEI/4 OF SAID SECTION 27;
THENCE S89°07'24"W, 2535.82 FEET ALONG THE NORTH LINE OF THE SOUTH
30.00 FEET OF THE SW1/4 OF SAID SECTION 27 TO THE EAST LINE OF THE
WEST 30.00 FEET OF THE SW 1/4 OF SAID SECTION 27 AND THE TRUE POINT
OF BEGINNING.
.
• EXHITBIT"A" PARCEL 2
LEGAL DESCRIPTION
SOUTH PARCEL
A TRACT OF LAND LOCATED IN SECTION 34,T3N, R68W AND IN THE NE1/4
OF SECTION 3,T2N, R68W OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34,FROM
WHICH THE NI/4 CORNER OF SAID SECTION 34 BEARS N89°07'24"E,THENCE
N89°07'24"E, 30.00 FEET ALONG THE NORTH LINE OF NW1/4 OF SAID
SECTION 34 TO THE EAST LINE OF THE WESTERLY 30.00 FEET OF THE NW1/4
OF SAID SECTION 34;THENCE S00°24'45"E, 30.00 FEET ALONG THE EAST
LINE OF THE WEST 30.00 FEET OF THE NW1/4 OF SAID SECTION 34 TO THE
SOUTH LINE OF THE NORTH 30.00 FEET OF THE NW1/4 OF SAID SECTION 34
AND THE TRUE POINT OF BEGINNING;
THENCE N89°07'24"E, 2536.33 FEET ALONG THE SOUTH LINE OF THE NORTH
30.00 FEET OF THE NW1/4 OF SAID SECTION 34 TO THE EAST LINE OF THE
N1/2 OF THE NW1/4 OF SAID SECTION 34;
THENCE S00°35'12"E, 270.95 FEET ALONG THE EAST LINE OF THE N1/2 OF
• THE NW1/4 OF SAID SECTION 34;
THENCE S87°53'09"E, 751.66 FEET;
THENCE N02°06'45"E, 310.63 FEET TO THE SOUTH LINE OF THE NORTH 30.00
FEET OF THE NE1/4 OF SAID SECTION 34;
THENCE N89°07'37"E, 1191.57 FEET ALONG THE SOUTH LINE OF THE NORTH
30.00 FEET OF THE NE 1/4 OF SAID SECTION 34;
THENCE S81°57'18"E, 455.64 FEET ALONG A SOUTHERLY LINE OF PARCEL 8,
REV. 2 AS DESCRIBED IN BOOK 1500 AT PAGE 265 OF THE RECORDS OF
WELD COUNTY, COLORADO TO AN ANGLE POINT IN SAID PARCEL 8,REV. 2;
THENCE S01°00'13"E, 4680.33 FEET ALONG THE WESTERLY LINE OF SAID
PARCEL 8, REV. 2 AND ALONG THE WESTERLY LINE OF PARCEL 8A AS
DESCRIBED IN BOOK 1499 AT PAGE 596 OF THE RECORDS OF WELD
COUNTY, COLORADO TO A POINT OF CURVE TO THE RIGHT;
THENCE SOUTHERLY, 291.20 FEET ALONG THE ARC OF SAID CURVE AND
ALONG THE WESTERLY LINE OF SAID PARCEL NO. 8A TO THE NORTHEAST
CORNER OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO.
2695322 OF THE RECORDS OF WELD COUNTY, COLORADO, SAID ARC
•
• HAVING A RADIUS OF 22,785.00 FEET,A CENTRAL ANGLE OF 0°43'56" AND
BEING SUBTENDED BY A CHORD THAT BEARS S00°37'42"E, 291.19 FEET;
THENCE S89°03'18"W, 68.90 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2695322 TO AN
ANGLE POINT IN THE NORTHERLY LINE THEREOF;
THENCE N65°01'41"W, 69.29 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2695322 TO THE
NORTHWEST CORNER THEREOF;
THENCE S00°04'10"W, 339.78 FEET ALONG THE WESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2695322 TO THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION
NO, 2265474 OF THE RECORDS OF WELD COUNTY, COLORADO;
THENCE S89°47'50"W, 567.78 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2265474;
THENCE S50°06'50"W,440.00 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2265474;
THENCE S73°04'17"W, 1383.42 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2265474 TO THE
•
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 1499
AT PAGE 596 OF THE RECORDS OF WELD COUNTY, COLORADO;
THENCE S23°14'50"W, 55.42 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 1499 AT PAGE 596 TO THE
WEST LINE OF THE NE1/4 OF SAID SECTION 3;
THENCE N00°35'43"E, 730.32 FEET ALONG THE WEST LINE OF THE NEI/4 OF
SAID SECTION 3 TO THE S1/4 CORNER OF SAID SECTION 34;
THENCE N89°54'49"W 520.67 FEET ALONG THE SOUTH LINE OF THE SW1/4 OF
SAID SECTION 34 TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND
AS DESCRIBED AT RECEPTION NO. 1501922 OF THE RECORDS OF WELD
COUNTY, COLORADO;
THENCE N28°18'59"W, 737.00 FEET ALONG THE EASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 1501922;
THENCE N01°04'19"W, 2033.12 FEET ALONG THE EAST LINE OF THAT TRACT
OF LAND AS DESCRIBED AT RECEPTION NO. 1501922 TO THE NORTHEAST
CORNER THEREOF;
•
THENCE N89°07'19"E, 817.31 FEET ALONG THE SOUTH LINE OF THE S1/2 OF
THE NW1/4 OF SAID SECTION 34 TO THE Cl/4 CORNER OF SAID SECTION 34;
THENCE N00°34'49"W, 1333.47 FEET ALONG THE EAST LINE OF THE S1/2 OF
THE NW1/4 OF SAID SECTION 34 TO THE N1/16 CORNER OF SAID SECTION 34;
THENCE S89°26'25"W,2540.04 FEET ALONG THE NORTH LINE OF THE S1/2 OF
THE NW 1/4 OF SAID SECTION 34 TO THE EAST LINE OF THE WEST 30.00 FEET
OF THE NWI/4 OF SAID SECTION 34;
THENCE N00°24'45"W, 1281.54 FEET ALONG THE EAST LINE OF THE WEST
30.00 FEET OF THE NW1/4 OF SAID SECTION 34 TO THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NW1/4 OF SAID SECTION 34 AND THE TRUE POINT
OF BEGINNING.
•
•
•
1110111111111011111111111111111101101111111
527 • 3384627 05/03/2006 04:021' Weld County, CO
• 1 of 16 R 81.00 D 1960.00 Steve Moreno Clerk.9 Recordei
WHEN RECORDED,RETURN TO:
David L. Kuosman,Esq.
Faegre&Benson LLP
1900 Fifteenth Street
Boulder,Colorado 80302-5414
SPECIAL WARRANTY DEED
THIS DEED is made this let day of MAy ,2006 between
James E. Anderson, Josephine E. Anderson, Barbara M. Foos, Louise Anderson and The
Edwin Anderson Family Trust,Grantor
of the County of Weld and State of Colorado and
Midwest Heritage Inn of Visalia, Inc, a North Dakota corporation and Midwest Heritage
Inn of Deptford,Inc.,a North Dakota corporation,as Tenants in Common,Grantee
whose legal address is: c/a Gary Tharaldson, Tharaldson Financial Group, 2518 Anthem Village Drive
Suite 104,Henderson,NV 89052
WITNESSETH, That the grantor for and in consideration of the sum of Nineteen Million Six
Hundred Thousand and no/100s ($19,600,000.00), 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 assigns 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:
See Exhibit A attached hereto
Together with Grantor's surface use rights in Foster Reservoir as described in the Quitclaim Deed
recorded May 15, 1986,at Reception No.02009953,as well as Grantor's interest in and to all oil,gas,
sand,gravel and any and all other mineral rights appurtenant to the Property including royalty interests
associated with the oil and gas leases in connection with the herein described Property.
Also together with 300 units of Colorado Big Thompson water project.
Reserving,however,unto Grantor as follows: Grantor reserves and retains the real property described on
Exhibit B(the"Retained Parcel")attached hereto. .
TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantor,either in law or equity,
of in and to the above bargained premises,with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,
unto the grantee,its successors and assigns forever. And the grantor,for himself,his heirs and personal
representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns,
OMANDEZI)GYOS&PWdwACCa.s Od.a.WSS wady•Dad dist 200!5,124. .awe.DONNA'..LLOYD
Stewart VS
1111111 11111 1111111111 11111 111111 MI I I 11111111111111
3384527 0$103/2006 04:02P Weld County, CO
2 of 16 R 81.00 D 1960.00 Steve Moreno Clerk&Recorder
• representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns,
that at the time of ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,
and has 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 so ever,subject
to general taxes for the year 2006 and those specific Exceptions set forth on Exhibit C;distribution utility
easements (including cable TV); those specifically described rights of third parties not shown by the
public records of which Grantee has actual knowledge and which were accepted by Grantee in accordance
• with the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of
the Property within any special tax district;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or
persons claiming the whole or any part thereof; BY, THROUGH OR UNDER THE GRANTOR. 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.
r._ (X,�,� y,4 EU nA E.GactastA,
a es E.Anderson osep ine E.Anderson
Barbara M.Foos� Louise Anderson
The Edwin Anderssood mily Trust
BY: Centennial or the West,Trustee
BY•
N • : ! S.Sterkel
i,,!resident
OWANDEV0 orossaisalemealAdain D.nmt'S le Warmly•OMM]MODULE% 1/21/01.•DONNA L LLOYD
•
1111111111111111111111 IIIII IIIIII 19111 III IIIII IIII Illl
3384527, 05/03/2006 04:02P Weld County, CO
3 of 16 R 81.00 0 1960.00 Steve Moreno Clerk&Recorder
• STATE OF COLORADO )
)ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me by James E.Anderson this 24 day of
Arc's— ,2006.
Witness my hand and official seal.
My commission expires: r%./zoo . P1tY pV
Notary Pu lic O • .
• PHILIP A.
GOIRAN I
STATE OF COLORADO ) 9••'•• �,,p�O
)so• �OPCOt.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me by Josephine E.Anderson this day of
Aft r'- ,2006.
Witness my hand and official seat.
My commission expires: yer/a-on . YP '
Notary Pia, is :,O't;..1 ....�!6 C\
io
PHILIP A.
• ; GOIRAN
{PA\ ;O ,
STATE OF COLORADO ) 9�OP cot.Ot l
'•
)ss. •COUNTY OF OF BOULDER )
The foregoing instrument was acknowledged before me by Barbara M.Foos this 24 day of
hear r.. ,2006. 47 Soseri.-ne. a AtJ.ras t, at a'twiel-i.1-
•P+r amine. N.Fon /
Witness my hand and official seal. �►
My commission expires: a�ai/somqG'.'.I:= �qPR�
otary Public l � '
1 PHILIP A 1
GOIRAN' ? I
V OP et aon.
9' p '
• GWMDFIbOGp. •L D. nt.Mdn{ +Wig-Dealt 20)60.124x 4:160111•DONNA I.LLOYD
111110 11111 00111111 11111 111111 111111I I 11111111111111
3384527 05/03/2006 04:02P Weld County, CO
. 4 of 16 R 81.00 0 1960.00 Steve Moreno Clerk&Records,
STATE OF COLORADO )
)ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me by Louise Anderson this 26 day of
,2006. r
Witness my hand and official seal.
V P My commission expires: I/24:O1 . rY1 .0pRY Ppe
NotaryPubli .t;�" '•;l�r
PHILIP A.
;oo
STATE OF COLORADO )
OF COLOitt.
)ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me by Sarah S. Sterkel,Vice President for
Centennial Bank of the West as Trustee of The Edwin Anderson Family Trust this aw4 I`Bay of
nn A y ,2006.
f ♦�
Witness my hand and official seal
My commission expires: ye Vaal
. ►��A r//.�it(�
Notary Public
• ?p<PRYPUe4\
PHILIP A. I
GOIRAN I
.q
COQ-��'
• MALOIDEIVID OROS OU k..e. DAY Dmmupesr Wine•Doges tmma, az 4/76.06.DCW,NA L LLOYD
I111111 HEN����IIIII111111111111IIIHIE IIII���i
3384527 05103/2006 04:02P Weld County, CO
•
5 of 16 R 81.00 D 1960.00 Steve Moreno Clerk&Records,
•
EXHIBIT"A" PARCEL I
LEGAL DESCRIPTION
NORTH PARCEL
A TRACT OF LAND LOCATED IN SE1/4 OF SECTION 27,T3N, R68W OF THE
6TH P.M., COUNTY OF WELD,STATE OF COLORADO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27,FROM
WHICH THE S1/4 CORNER OF SAID SECTION 34 BEARS N89°07'24"E,THENCE
N89°0724"E, 30.00 FEET ALONG THE SOUTH LINE OF SW 1/4 OF SAID SECTION
27 TO THE EAST LINE OF THE WESTERLY 30.00 FEET OF THE SWIM OF SAID
SECTION 27;THENCE N00°22'18"W,30.00 FEET ALONG THE EAST LINE OF
THE WEST 30.00 FEET OF THE SWI/4 OF SAID SECTION 27 TO THE NORTH
LINE OF THE SOUTH 30.00 FEET OF THE SW 1/4 OF SAID SECTION 27 AND THE
TRUE POINT OF BEGINNING;
THENCE N00°22'18"W,2624.06 FEET ALONG THE EAST LINE OF THE WEST
30.00 FEET OF THE SW 1/4 OF SAID SECTION 27 TO THE EAST-WEST
CENTERLINE OF SAID SECTION 27;
• THENCE N89°04'54"E, 1354.33 FEET ALONG THE EAST-WEST CENTERLINE OF
SAID SECTION 27 TO THE WESTERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED IN BOOK 163 AT PAGE 435 OF THE RECORDS OF WELD COUNTY,
COLORADO;
THE FOLLOWING EIGHT(8)COURSES AND DISTANCES ARE ALONG THE
WESTERLY AND SOUTHERLY LINES OF THAT TRACT OF LAND AS
DESCRIBED IN SAID BOOK 163 AT PAGE 485:
THENCE S06°51'07"W,267.00 FEET;
THENCE 530°38'53"E, 445.00 FEET;
THENCE S42°21'07"W, 219.00 FEET;
THENCE 523°06'07"W, 660.00 FEET;
THENCE S24°53'53"E, 700.00 FEET;
THENCE N88°51'07"E,454.00 FEET;
THENCE S60°53'53"E,385.00 FEET;
•
111111111111 I I I I I 1111111111111111111111 I I 11111 11111
3384527 05/03/2006 04:02P Weld County, CD
•
6 of 16 R 81.00 D 1960.00 Steve Moreno Clerk&Recorder
THENCE N86°21'07"E, 178.52 FEET TO THE SOUTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN BOOK 114 AT PAGE 35 OF THE
RECORDS OF WELD COUNTY,COLORADO;
THENCE S75°00'00"E, 155.12 FEET ALONG THE SOUTHERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED AT SAID BOOK 114 IN PAGE 35
TO THE EAST LINE OF THE SW1/4 OF SAID SECTION 27;
THENCE S00°24'02"W,89.30 FEET ALONG THE EAST LINE OF THE SW1/4 OF
SAID SECTION 27 TO THE SOUTHERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED AT RECEPTION NO.2009954 OF THE RECORDS OF WELD
COUNTY,COLORADO;
THE FOLLOWING THREE(3)COURSES AND DISTANCES ARE ALONG THE
SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPTION NO. 2009954:
THENCE S85°38'17"E, 582.91 FEET;
THENCE N65°31'22"E,315.60 FEET;
THENCE N52°04'24"E,339.15 FEET;
THENCE N50°39'42"E,213.85 FEET;
• THENCE N21°19'16"E,257.83 FEET;
THENCE N00°3I'12"W,298.26 FEET;
THENCE N14°21'24"W,244.37 FEET;
THENCE N12°34'51"W,588.61 FEET;
THENCE N43°15'27"E, 134.45 FEET;
THENCE N51°34'02"E,332.64 FEET;
THENCE N41°59'02"E,419.65 FEET TO THE EAST-WEST CENTERLINE OF
SAID SECTION 27;
THENCE N89°04'54"E, 572.71 FEET ALONG THE EAST-WEST CENTERLINE OF
SAID SECTION 27 TO THE NORTHWEST CORNER OF PARCEL NO.6 AS
DESCRIBED IN BOOK 1500 PAGE 265 OF THE RECORDS OF WELD COUNTY,
COLORADO;
•
11111111111111111 IIIII!1111111111(11111101111111111111
3384527 65/03/2006 04:02P Weld County, CO
• 7 of 16 R 81.00 D 1960.00 Steve Moreno Clerk&Recorder
THENCE S00°06'35"W,2627.80 FEET ALONG THE WESTERLY LINE OF SAID
PARCEL NO. 6 TO THE NORTH LINE OF THE SOUTH 30.00 FEET OF THE SEI/4
OF SAID SECTION 27;
THENCE S89°07'12"W,2407.40 FEET ALONG THE NORTH LINE OF THE SOUTH
30.00 FEET OF THE SE1/4 OF SAID SECTION 27;
THENCE 589°07'24"W,2535.82 FEET ALONG THE NORTH LINE OF THE SOUTH
30.00 FEET OF THE SW I/4 OF SAID SECTION 27 TO THE EAST LINE OF THE
WEST 30.00 FEET OF THE SW I/4 OF SAID SECTION 27 AND THE TRUE POINT
OF BEGINNING.
•
•
05/03/2006 JiIIrrlrIlilrrlllirIUrrl111rrlrlIrllIIII
:384627
of R 81.00 0 1960.00 Steve Moreno Clerk&Recorder
•
EDIT"A" PARCEL 2
LEGAL DESCRIPTION
SOUTH PARCEL
A TRACT OF LAND LOCATED IN SECTION 34,T3N,R68W AND IN THE NE1/4
_ OF SECTION 3,T2N,R68W OF TI-LE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34,FROM
WHICH THE N1/4 CORNER OF SAID SECTION 34 BEARS N89°0724"E,THENCE
N89°0724"E,30.00 FEET ALONG THE NORTH LINE OF NWI/4 OF SAID
SECTION 34 TO THE EAST LINE OF THE WESTERLY 30.00 FEET OF THE NWI/4
OF SAID SECTION 34;THENCE S00°24'45'3,30.00 FEET ALONG THE EAST
LINE OF THE WEST 30.00 FEET OF THE NW I/4 OF SAID SECTION 34 TO THE
SOUTH LINE OF 1HE NORTH 30.00 P1±1 OF THE NWI/4 OF SAID SECTION 34
AND THE TRUE POINT OF BEGINNING.
THENCE N89°07'24"E,2536.33 FEET ALONG THE SOUTH LINE OF THE NORTH
30.00 FEET OF THE NWI/4 OF SAID SECTION 34 TO THE EAST LINE OF THE
NI/2 OF THE NWI/4 OF SAID SECTION 34;
THENCE S00°35'12"E,270.95 FEET ALONG THE EAST LINE OF THE 141/2 OF
• THE NW1/4 OF SAID SECTION 34;
THENCE S87°53'09"E,751.66 FEET;
THENCE NO2°06'45"E,310.63 FEET TO THE SOUTH LINE OF THE NORTH 30.00
FEET OF THE NEl/4 OF SAID SECTION 34;
THENCE N89°07'37"E, 1191.57PEET ALONG THE SOUTH LINE OF THE NORTH
30.00 FEET OF TIM NEI/4 OF SAID SECTION 34;
THENCE 581°57'18"E,455.64 F$ET ALONG A SOUTHERLY LINE OF PARCEL 8,
REV.2 AS DESCRIBED IN BOOK 1500 AT PAGB265 OF THE RECORDS OF
WELD COUNTY,COLORADOITO AN ANGLE POINT IN SAID PARCEL 8,REV.2;
THENCE S01°00'I3"E,4680.3VEET ALONG THE WESTERLY LINE OF SAID
PARCEL 8,REV.2 AND ALONG THE WESTERLY LINE OF PARCEL SA AS
DESCRIBED IN BOOK 1499 AT PAGE 596 OF THE RECORDS OF WELD
COUNTY,COLORADO TO A POINT OF CURVE TO THE RIGHT;
THENCE SOUTHERLY.291.2a FEET ALONG THE ARC OF SAID CURVE AND
ALONG THE WESTERLY LINE OF SAID PARCEL NO.8A TO THE NORTHEAST
CORNER OF THAT TRACT OS LAND AS DESCRIBED AT RECEPTION NO.
2695322 OF THE RECORDS OF WELD COUNTY,COLORADO,SAID ARC
•
11111 11111 1111111111 1111 11111 ME M
3384527 05/03/2006 04:02P Weld County, CO
9 of 18 R 81.00 D 1960.00 Steve Moreno Clerk&Recorder
HAVING A RADIUS OF 22,785.00 FEET,A CENTRAL ANGLE OF 0°43'56"AND
BEING SUBTENDED BY A CHORD THAT BEARS S00°37'42"E,291.19 FEET;
THENCE S89°03'18"W,68,90 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2695322 TO AN
ANGLE POINT IN THE NORTHERLY LINE THEREOF;
THENCE N65°01'41"W,69.29 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2695322 TO THE
NORTHWEST CORNER THEREOF;
THENCE S00°04'10"W,339.78 FEET ALONG THE WESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2695322 TO THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION
NO. 2265474 OF THE RECORDS OF WELD COUNTY,COLORADO;
THENCE S89°47'50"W,567.78 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2265474;
THENCE S50°06'50"W,440.00 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 2265474;
THENCE 573°04'17"W, 1383.42 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO.2265474 TO THE
NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 1499
AT PAGE 596 OF THE RECORDS OF WELD COUNTY,COLORADO;
THENCE S23°14'50"W,55.42 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 1499 AT PAGE 596 TO THE
WEST LINE OF THE NEl/4 OF SAID SECTION 3;
THENCE N00°35'43"E,730.32 FEET ALONG THE WEST LINE OF THE NEl/4 OF
SAID SECTION 3 TO THE 51/4 CORNER OF SAID SECTION 34;
THENCE N89°54'49"W 520.67 FEET ALONG THE SOUTH LINE OF THE SW1/4 OF
SAID SECTION 34 TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND
AS DESCRIBED AT RECEPTION NO. 1501922 OF THE RECORDS OF WELD
COUNTY,COLORADO;
THENCE N28°18'59"W,737.00 FEET ALONG THE EASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 1501922;
THENCE N0I°04'19"W,2033.12 FEET ALONG THE EAST LINE OF THAT TRACT
OF LAND AS DESCRIBED AT RECEPTION NO. 1501922 TO THE NORTHEAST
CORNER THEREOF;
•
111111111111111111111IIIII111111111111 III 111111III(III
3384527 05103/2006 04:02P Weld County, CO
• 10 of 16 R 81.00 D 1960.00 Steve Moreno Clerk&Record'
THENCE N89°07'19"E, 817.31 FEET ALONG THE SOUTH LINE OF THE S 1/2 OF
THE NW 1/4 OF SAID SECTION 34 TO THE C114 CORNER OF SAID SECTION 34;
THENCE N00°34'49"W, 1333.47 FEET ALONG THE EAST LINE OF THE S1/2 OF
THE NW 1/4 OF SAID SECTION 34 TO THE Nl/16 CORNER OF SAD SECTION 34;
THENCE S89°26'25"W,2540.04 FEET ALONG THE NORTH LINE OF THE S1/2 OF
THE NW1/4 OF SAID SECTION 34 TO THE EAST LINE OF THE WEST 30.00 FEET
OF THE NW 1/4 OF SAID SECTION 34;
THENCE N00°24'45"W, 1281.54 FEET ALONG THE EAST LINE OF THE WEST
30.00 FEET OF THE NW I/4 OF SAID SECTION 34 TO THE SOUTH LINE OF THE
NORTH 30.00 FEET OF THE NW 1/4 OF SAID SECTION 34 AND THE TRUE POINT
OF BEGINNING.
•
•
111111 I I I I I I I I I 1111111111111111111(111101111111111111
3384527 05/03/2006 04:02P Weld County, CO
• 11 of 16 R 81.00 D 1960.00 Steve Moreno Clerk a Record/
EXHIBIT"B"
RETAINED PARCEL
A TRACT OF LAND LOCATED IN THE NE1/4 OF SECTION 34,T3N,R68W OF
THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,DESCRIBED AS
FOLLOWS:
COMMENCING AT THE N1/4 CORNER OF SAID SECTION 34,FROM WHICH
THE NORTHWEST CORNER OF SAID SECTION 34 BEARS S89°0724"W,
THENCE S00°35'12"E,30.00 FEET ALONG THE WEST LINE OF NE1/4 OF SAID
SECTION 34 TO THE SOUTH LINE OF THE NORTH 30.00 FEET OF THE NEI/4
OF SAID SECTION 34 AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING S00°35'12"E,270.95 FEET ALONG THE WEST LINE OF
THE NE1/4 OF SAID SECTION 34;
THENCE S87°53'09"E, 751.66 FEET;
THENCE N02°06'45"E,310.63 FEET TO THE SOUTH LINE OF THE NORTH 30.00
FEET OF THE NEI/4 OF SAID SECTION 34;
THENCE 589°07'12"W,765.46 FEET ALONG THE SOUTH LINE OF THE NORTH
30.00 FEET OF THE NEI/4 OF SAID SECTION 34 TO THE WEST LINE OF THE
NEI/4 OF SAID SECTION 34 AND THE TRUE POINT OF BEGINNING.
•
AREA=5.061 ACRES,MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
LOREN K.SHANKS,PLS 28285
DREXEL,BARRELL&CO.
910 54TH AVENUE,SUITE 210
GREELEY,CO 80634
• GWANDEFHD(Highlands Development)V,egal for Retained Parcel.doc
111111111111111111111111111111111111111111111
3384527
• ' 12 el 16 R 81.00 D 1960.00 Steve Moreno Clerk h Record'
EXHIBIT C
TITLE EXCEPTIONS
1. Rights or claims of parties in possession,not shown by the public records.
2. Easements,or claims of easements,not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts,
which a correct survey and inspection of the premises would disclose, and which are not
shown by the public records.
4. Any lien, or right to a hen, for services, labor or material heretofore or hereafter furnished,
imposed by laws and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing
the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
• 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof;water rights,claims or title to water.
7. Taxes and assessments for the year 2006 and subsequent years, a line not yet due and
payable.
8. Right of Way for county roads 30 feet wide on either side of section and township lines, as
established by the Board of County Commissioners for Weld County, recorded October 14,
1889 in Book 86 at Page 273. (Parcel II)
9. An easement for railroad and incidental purposes as reserved by Denver Pacific Railway and
Telegraph Co in instrument recorded February 19, 1878 in Book 20 at Page 357, upon the
terms and conditions therein set forth. (Section 27)
10.A Condition contained in the United States Patent recorded April 20, 1882, in Book 20, at
Page 367, Weld County Records,which states as follows! "Subject to any vested and accrued
water rights for mining, agricultural, manufacturing or other purposes, and right 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 Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore there from, should the
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• same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)(endorsement 103.1)
11.A Condition contained in the United States Patent recorded November 6, 1884, in Book 34,
at Page 199 and 200, Weld County Records,which states as follows: "Subject to any vested
and accrued water rights for mining, agricultural,manufacturing or other purposes, and right
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 Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore there from, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)(endorsement 103.1)
12.A Condition contained in the United States Patent recorded March 2, 1891, in Book 51, at
Page 136, Weld County Records,which states as follows: "Subject to any vested and accrued
water rights for mining, agricultural, manufacturing or other purposes, and right 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 Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore there from, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)(endorsement 103.1)
13. A Condition contained in the United States Patent recorded November 9, 1897, in Book 57,
at Page 35, Weld County Records, which states as follows: "Subject to any vested and
accrued water rights for mining, agricultural, manufacturing or other purposes, and right 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 Courts, and also subject to the
• right of the proprietor of a vein or lode to extract and remove his ore there from, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
(Section 34)(endorsement 103.1)
14. An easement for ditch and incidental purposes as granted by an instrument recorded March 2,
1891 in Book 97 at Page 400 upon the terms and conditions therein set forth.(Section 34)
15. An easement for ditch and incidental purposes as granted by an instrument recorded April 17,
1893 in Book 114 at Page 35 upon the terms and conditions therein set forth. (Section 27)
16. An easement for ditch and incidental purposes as granted by an instrument recorded February
9, 1900 in Book 178 at Page 189 upon the terms and conditions therein set forth.(Section 34)
17. An easement for ditch and incidental purposes as granted by an instrument recorded April 14,
1904 in Book 208 at Page 516 upon the terms and conditions therein set forth. (Section 34)
18. Deleted.
19. Access rights as conveyed by instrument recorded April 10, 1958 in Book 1500 at Page 263.
(Sections 27 and 34)
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•
20. Oil and gas lease recorded May 15, 1970 in Book 625 at Reception No. 1547484 and re-
recorded April 8, 1971 in Book 643 at Reception No. 1565393, and any and all assignments
thereof,or interests therein.(Sections 27,34 and 3)(endorsement 100.31)
21. Deleted.
22. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
Line Company by an instrument recorded August 9, 1973 in Book 697 at Reception
No.I619050 upon the terms and conditions therein set forth.(Section 27)
23. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded June 3, 1974 in Book 716 at Reception No.
1637786 upon the terms and conditions therein set forth.(Section 27)
24. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded February 18, 1975 in Book 732 at Reception No.
1654324 upon the terms and conditions therein set forth.(Section 27 and 34)
25.An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded May 5, 1975 in Book 738 at Reception No.
1659637 upon the terms and conditions therein set forth. (Section 27,34 and 3)
26. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded May 21, 1975 in Book 739 at Reception No.
1660908 upon the terms and conditions therein set forth.(Section 27 and 34)
• 27. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
line Company by an instrument recorded June 21, 1976 in Book 770 at Reception No.
1691732 upon the terms and conditions therein set forth. (Section 27)
28. An easement for right of way and incidental purposes as granted to Tri-State Generation and
Transmission Association, Inc. by an instrument recorded October 15, 1976 in Book 779 at
Reception No. 1701390 upon the terms and conditions therein set forth. (Section 27)
29. An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
Line Company by an instrument recorded September 7, 1979 in Book 881 at Reception No.
1802525 upon the terms and conditions therein set forth.(Section 27)
30. Deleted.
31.An easement for right of way and incidental purposes as granted to Panhandle Eastern Pipe
Line Company by an instrument recorded July 1.1, 1980 in Book 908 at Reception No.
1829879 upon the terms and conditions therein set forth. (Section 27 and 34)
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• 32.All oil,gas and other minerals as reserved in instrument recorded April 8, 1982 in Book 965
at Reception No.1888197, and any and all assignments thereof or interests therein. (Section
27)(endorsement 100.31)
33. An easement for right of way and incidental purposes as granted to Department of
Transportation, State of Colorado by an instrument recorded May 21, 1999 at Reception No.
2695320 upon the terms and conditions therein set forth.(Section 34 and 3)
34.An easement for right of way and incidental purposes as granted to United Power, Inc.by an
instrument recorded June 24, 1999 at Reception No. 2698356 upon the terms and conditions
therein set forth.(Section 34)
35.An easement for right of way and incidental purposes as granted to Longs Peak Water
District by an instrument recorded October 2,2001 at Reception No. 2888262 upon the terms
and conditions therein set forth.(Section 27 and 34)
36. An easement for right of way and incidental purposes as granted to Longs Peak Water
District by an instrument recorded January 23, 2002 at Reception No. 2919117 upon the
terms and conditions therein set forth. (Section 27 and 34
37. Deleted.
38.An easement for underground sanitary sewer lines and incidental purposes as granted to St.
Vrain Sanitation District by an instrument recorded March 29, 2001 at Reception No.
2836231 upon the terms and conditions therein set forth.(Section 27)
• 39. An easement for right of way and incidental purposes as granted to Kerr-McGee Gathering
LLC by an instrument recorded September 15, 2003 at Reception No. 3106565 upon the
terms and conditions therein set forth. (Section 34)
40. Notes, restrictions, conditions, stipulations and easements, if any, imposed upon subject
property by Recorded Exemption 1207-34-2-RE-3087 recorded June 3, 2002 at Reception
No. 2957453(Section 34).
41.Existing leases as evidenced by the following:
Recreational Lease between First Mainstreet Bank as Trustee of the Edwin Anderson Family
Trust,etc and Foster Lake Club,Inc.
Residence Lease between James E.Anderson and Orlando Villereal&Jackie Merritt.
Residence Lease between James E.Anderson and Jon M. Hardman and Wm. Knox Tidwell.
Lease Agreement between Jim Anderson and Richard&Cathie Gantenbein..
•
• s
'43.Rights, if any, of the property owners abutting the Highland Reservoir No. 3 aka Foster
• Reservoir, or adjoining streams or water in and to the water of the lake and in and to bed
thereof Boating and fishing rights of property owners abutting the lake or the stream of water
leading thereto or there from. Navigational servitudes and all other rights, titles, and powers
of the Untied State, the state, local government and the public over said lake, its bed, and its
shore lands extending to the ordinary high water line thereof. The consequence of any change
in the location of the lake which forms a boundary line of the land, including any
determination that some portion of the land has been included with Highland Reservoir No. 3
aka Foster Reservoir.
44.Deleted.
45.Terms, conditions, provisions, and stipulations as contained in Non-Exclusive Utility
Easement Agreement recorded January 16, 2006 at Reception No. 3355083. (Section 34)
46.Terms, conditions, provisions, and stipulations as contained in Non-Exclusive Utility
Easement Agreement recorded January 16, 2006 at Reception No. 3355084. Section 3)
47. Water rights, claims or title to water.
NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities
have been filed with the Clerk and Recorder. These statements are general and do not
necessarily give notice of underground facilities with in subject property:
Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 under
Reception No. 2058722.
• Union Rural Electric Association, Inc. (United Power, Inc.) recorded January 24, 1991 in
Book 1288 under Reception No. 2239296.
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STEWART TITLE
GUARANTY COMPANY
Commitment—Schedule B 2
Page 5 of
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