HomeMy WebLinkAbout20071430.tiff RESUBDIVISION FOR REDESIGN, ADDITION, /ACAS
OR FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE #ASSIGNED:
APPLICATION RECEIVED BY 1 r PLANNER ASSIGNED:
Parcel Number / 7 / / - 2 5- D - V 2 - G 0 2
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the applicaion area.If additional space is required,attach an addtional sheet)
Legal Description t
P N� �`�q p (., •Section y, Township 2 North, Range 6 West
PropertyAddress(If Appicable) 1I ! 2. �Q IO Fors / 0(`aL�
Existing Zone District : Proposed Zone District: i-\4044 Acreage: G/) T Proposed#/Lots I (i.•:kIC<i1'rY
jUiv1.V ti'\
Average Lot Size: n/w- Minimum Lot Size: AIG__ Proposed Subdivision Name:
FEE OW NER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet)
Name: L Grc)EKL.11 /MC-.
Work Phone #303 237 L'i i-some Phone# /u?1 etfiel!A(.LQEmail Address ;,SQR_ R{ r�/'f•i1z-i-
Address: 7321 e ,Fk't-h QV:_ :Sli+7C 200
City/State/Zip Code Nenibe DM CO AtgoitO
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by AuthorizedAgent)
Name: �.,Y)VN MAV8. SNULTS, C6 oi. .o t-vEodl /Nt--
Work Phone#.303 26b22'/7 Home Phone# no-F(9p,cp3(e1. Email Address_ /i,S'he,lf59 %rit/ic41
Address: 7.3i%t E 1 rAUL jcjrrc 2O
City/State/Zip Code NEM `be- 'S0AJ Co A0 X10
UTILITIES: Water: kit''.I t
Sewer: SP 1i2 tct-+k
Gas: ) CAI G--7,44.414LL
Electric: W.,' fnw'd,
Phone: /74)1 i.wtu(a.
DISTRICTS: School: >�0,"f Lytr'fTiti
Fire: �OfM-
Post: firt
I (We)hereby depose and state under penalties of perjurythat all statements,proposals,and/or plans submitted with
or contained within the application are true and correctto the best of my(o ur)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority to sign for the corporation.Kyi4aSignature:Ow r or Authorized Agent tate Signature: Owner or Authorized Agent Date
-5-
2007-1430
RESUBDIVISION FOR REDESIGN, ADDITION,VACATION, OR FINAL PLAT APPLICATION
Parcel Number: 1311-25-0-02-002
Fee Owner: L. G. Everist, Inc.
Supplemental Requirement: Description of the type of uses proposed for the resubdivision.
We are submitting this application in order to vacate the subdivision that Parcel 131125002002 was platted in
back in the early 1900's. We are submitting this application as a requirement for the approval of the Recorded
Exemption for this parcel which we submitted in January 2007.
The entire parcel/property is permitted for sand and gravel mining under Weld County Amended Use by Special
Review (Weld AmUSR) Permit# 1255 and the Colorado Division of Reclamation, Mining, and Safety (Colorado
DRMS) Permit# M-1999-120. The final reclamation for the sand and gravel mine is water storage.
We have already submitted a Recorded Exemption in which we explained that we plan to split off(sell)
approximately 5 acres in the northeast corner of the property. These 5 acres will be "Lot A" of the Recorded
Exemption. Lot A will not be mined. Lot A already has a house and outbuildings which will remain on it. The
remaining acres will be"Lot 8" of the Recorded Exemption. There are no buildings on Lot B. Lot B will be mined
for the sand and gravel reserves and reclaimed as water storage as per our Weld AmUSR Permit# 1255 and our
DRMS Permit#M-1999-120.
FL-Swingle-SubdivisionVacation-032107.doc-Certified Mail#7002 0860 0006 1860 4158
rte.
CWELD COUNTY,COLORADO O
DEPARTMENT OF PLANNING SERVICES
918 10TH STREET
GREELEY, CO 80631
PHONE:970-353-6100,EXT.35401 FAX:970-304-6495
_ - )
Date: 3 .� --"- 2C' ( ti Receipt No. I 9 9 5
Received From: L__„( L -
Permit Type No. Description Fee
4221-RE/SE
4221-?PMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB �.
#OF BUILDABLE LOTS
' 4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS 1, (LP { ( 1 ) ' -1(J I
4221-BOA
4221-FHDP/GHDP
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
^ASH f'6 HECK NC) 1=' r te TOTAL FEE
Receipted By: ! t. 1/ DL# Exp.
1i
L.G. EVERIST, INC. 1 MOUNTAIN DIVISION OFFICE
7321 E.88TH AVENUE•SUITE 200
HENDERSON,COLORADO 80640
Lb;Rock Solid Since 1876 - F0za7-ssos
FAX 303-289-1348
dba Andesite Rock Company CORPORATE OFFICE
300 S.PHILLIPS AVE.•SUITE 200
P.O.BOX 5829
SIOUX FALLS,SD 57117-5829
Weld County Planning Department PHONE 605-334-5000
FAX 605-334-3656
GREELEY OFFICE
March 21, 2007 MAR 2 6 2007
RECEIVED
Mr. Roger Caruso
Weld County Planning
918 101h Street
Greeley, CO 80631 Certified Mail# 7002 0860 0006 1860 4158
RE: SUBDIVISION VACATION SUBMITTAL -PARCEL 131125002002
Dear Roger:
We respectfully submit a RESUBDIVISION FOR REDESIGN, ADDITION, VACATION, OR FINAL PLAT
APPLICATION in order to vacate the subdivision that Parcel 131125002002 was platted in back in the early
1900's. We are submitting this application as a requirement for the approval of the Recorded Exemption for this
parcel which we submitted in January 2007.
Enclosed please find all necessary application requirements and the supplemental requirement we discussed
were necessary for the vacation of the subdivision of this parcel. The application items are as follows:
Packet 1
- One (1) original Application form (+ 14 copies)
- Supplemental Requirement: description of the type of uses proposed for the land (+ 14 copies)
- One (1) copy of the Warranty Deed
- One (1) copy of the Plat Map (the map, as we discussed, is the survey map of the property (2 pages)which
was submitted with the Recorded Exemption application) (+ 14 copies)
- One (1) original Weld County Road Access Information Sheet(+ 14 copies)
- One (1) copy of a Statement of Taxes Due from the Weld County Treasurer showing no delinquent taxes
- One (1) of the title commitment
- One (1) copy of the affidavit and certified list of property owners within 500 feet
- One (1) copy of the affidavit and certified list of mineral owners/lessees on/under the property
- Check for the application fee of$540.00
Packets 2-15
- One(1) original Application form
- Supplemental Requirement: description of the type of uses proposed for the land
- One (1) copy of the Plat Map
- One (1) original Weld County Road Access Information Sheet
Thank you for your guidance, and if you need anything else for this submittal, please let me know.
Si er I , //�{�/�\
es—, Lynn hultS •/
Regulatory Manager
cc: L. G. Everist, Inc. (Denny Fields, Jim Sittner, Matt Noteboom)
FL-Swingle-SubdivisionVacation-032107.doc-Certified Mail#7002 0860 0006 1860 4158
Exhibit A
A parcel of land being Lot No. 3 of the Northeast Quarter(NE 1/4) of the Section Twenty-five (25),
Township Two North(T.2N.), Range Sixty-seven West(R. 67W.), of the Sixth Principal
Meridian(6th P.M.) according to Division No. 3 Map as filed by the Lupton Meadows Land
Company June 12, 1909 in book 5 of Maps at Page 1, County of Weld, State of Colorado, more
particularly described by metes and bounds as follows:
Beginning at the Northeast Corner of said Section 25 and assuming the North line of the
Northeast Quarter (NE 1/4)to bear South 89°18'44" West, a grid bearing of the Colorado State
Plane Coordinate Systems,North Zone,North American Datum 1983/92, a distance of
2611.28 feet with all other bearings herein relative thereto;
Thence South 00°24'27" East along the East line of the Northeast 1/4 of said Section 25 a
distance of 2667.17 feet to the South line of the Northeast 1/4 of said Section 25;
Thence North 89°44'12" West a distance of 1308.34 feet;
Thence North 89°44'35" West along said South line a distance of 187.59 feet to the Easterly line
of the abandoned Denver, Laramie and Northwestern Railroad Right-of-way(ROW), said ROW
being described in a deed recorded in Book 314 at Page 440 of the Records of Weld County;
Thence North 01°58'42" West along said Easterly ROW a distance of 2643.00 feet to the North
line of the Northeast 1/4 of said Section 25;
Thence North 89°18'44" East along the North line of the Northeast 1/4 of said Section 25 a
distance of 1568.31 feet to the Northeast Corner of said Section 25 and the True Point of
Beginning.
n
ittiri DEPARTMENT OF PLANNING SERVICES
r vine /� NORTH OFFICE
1 91810 Street
COLORADO SyGREELEY, CO 80631
PHONE: (970)353-6100, Ext. 3540
FAX: (970) 304-6498
Application being submitted: &sub-. Vocia-Fic,vi
Submittal fee: 5L{G, WI
Check# /535 _ Cash
Name of person submitting: L- r
Contact name(if different from above):
Telephone number: E-mail:
The Department of Planning Services is accepting the paperwork for this Land Use Application with
the understanding that the application has not been determined to be a complete application with
r^, all of the appropriate documents and exhibits.
The Department of Planning Services will determine prior to the end of the next business day
whether the submitted documents are in compliance with the Weld County Code,and as such,shall
be deemed a complete application.
The Department of Planning Services shall also determine prior to the end of the next business day
whether the submitted fees are appropriate for the requested application. Should there be a
discrepancy with your application, the Department will contact the applicant/applicant's
representative via telephone.
Land use cases will not be set up or processed until the requested application materials have been
submitted and the appropriate fees paid.
Thank you for your assistance and cooperation.
I understand and agree to the conditions stated herein:
Signature
Signature of staff member received fr A• / A � Dat43• O 67
O
MAR-14-2007 WED 12:20 PM ^ FAX NO. P. 01/01
Report Date:03/14/2007 12:58PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
i - SCHEDULE NO: R5427686
ASSESSED TO:
EVERIST L G INC
PO BOX 5829
SIOUX FALLS, SD 57117-5829
LEGAL DESCRIPTION:
20397A TR 3 OF NE4 25 2 67 LUPTON MEADOWS DIV III (1R1 D) SITUS: 11992 18 CR WELD 00000
PARCEL: 131125002002 SITUS ADD: 11992 18 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2006 TAX 3,878.50 0.00 0,00 1,939.25 1.9 392.5
TOTAL TAXES 1,939.2
- - .
GRAND TOTAL DUE GOOD THROUGH 03/14/2007 '1,939.25
ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 2228-
Authority MITI Levy Amount Values Actual Assessed'
WELD COUNTY 16.804" 1,034.12 AGRICULTURAL 33,596 9,740
SCHOOL DIST REB 23.635 1,454.50 AGRICULTURAL 76,064 22,060
NCW WATER 1.000 61.54 AGRICULTURAL 373,611 29,740
CCW WATER 0.550 33.85 ------ -----
CGS WATER 3.221 198.22 TOTAL 483,271 81,540
FORT LUPTON FIRE 8.223 506.04
AIMS JUNIOR COL 6.330 389.55
WELD LIBRARY 3.261 200.68
TAXES FOR 2006 63.024* 3,878.50
"Credit Levy
ALL TAX LIEN LE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVE (SING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED RIOR TO REMITTANCE AFTER THE FOLLOWING DATES' PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1.
REAL PROPE TY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK
P.O.Box 45
^sreeley,C 80632
(970)353-3 45 ext 3290
n
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5427686 Parcel#: 131125002002
iN + /—xmpsix!$I&P�Bfn" H P nuwun•x mvo.0� IXP iiWv UttB'Y.iti#tit'31Na2WV*J2N994YYMYtlNtlk'fliN�RHN@t/A@6R& d6NU eu. .. .
Tax Area: 2228 Bordering County:
Acres: 91
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 67 - 25 - 0 LUPTON MEADOWS DIVISION #3 - - 3
Owners Name &_Address: Property Address:
EVERIST L G INC Street: 11992 18 CR
PO BOX 5829 City: WELD
SIOUX FALLS, SD 57117-5829
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
10/7/2005 $2,100,000 WD 3330345
Legal Description
20397A TR 3 OF NE4 25 2 67 LUPTON MEADOWS DIV III (1R1D) SITUS: 11992 18 CR WELD 00000
Land Valuation Summary
n Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4117 Acres 91
Land Subtotal: 91 $33,419 $9,690
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
3 Out Building
4 Out Building
5 Out Building
Improvements Subtotal: $438,796 $52,040
Total Property Value $472,215 $61,730
Building Details
Account#: R5427686 Parcel#: 131125002002
Owners Name&Address: Property Address:
EVERIST L G INC Street: 11992 18 CR
PO BOX 5829 City: WELD
SIOUX FALLS, SD 57117-5829
Building# Property Type
1 Residential
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1311... 05/15/2007
Identify Results Page 2 of 3
Individual Built As Detail
Built As: 1 1/2 Story Fin Year Built: 1990
e ' Exterior: Frame Masonry Veneer HVAC: Central Air to Air
Interior Finish: Drywall Built As SQ Ft: 3418
# of Baths: 2 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 5 Units: 0
Garage:
Attached SQ Ft: 896 Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R5427686 Parcel#: 131125002002
Owners Name&Address: Property Address:
EVERIST L G INC Street: 11992 18 CR
PO BOX 5829 City: WELD
SIOUX FALLS, SD 57117-5829
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1990
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 360
# of Baths: 0 Roof Type:
!—• #of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft Finished SQ Ft:
Account#: R5427686 Parcel#: 131125002002
Owners Name&Address: Property Address:
EVERIST L G INC Street: 11992 18 CR
PO BOX 5829 City: WELD
SIOUX FALLS, SD 57117-5829
Building* Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Cattle Year Built: 1999
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 288
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage_:
Attached SQ Ft: Detached SQ Ft:
Basement:
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Identify Results Page 3 of 3
Total SQ Ft: Finished SQ Ft:
Account#: R5427686 Parcel#: 131125002002
Owners Name&Address: Property Address:
EVERIST L G INC Street: 11992 18 CR
PO BOX 5829 City: WELD
SIOUX FALLS, SD 57117-5829
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Shed -Cattle Year Built: 1999
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 288
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R5427686 Parcel#: 131125002002
P Owners Name&Address: Property Address:
EVERIST L G INC Street: 11992 18 CR
PO BOX 5829 City: WELD
SIOUX FALLS, SD 57117-5829
Building# Property Type
5 Out Building
Individual Built As Detail
Built As: Shed - Equipment Year Built 2002
Exterior: HVAC: None
Interior Finish: Built As SQ Ft 6240
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=1311... 05/15/2007
SECURITY 3690 W 10thSt 2nd Floor
Greeley, CO 80634
TITLE Phone: (970)356-3200
ea- GUARANTY CO. Fax: (970)356-4912
Thank you for giving us the opportunity to provide your closing
and settlement services
DELIVERY TRANSMITTAL
DATE: March 16,2007
FILE NO.: S0207072
PROP. ADDR.: 11992 WCR 18,Fort Lupton,CO
OWNER/BUYER: L.G. Everist,Inc.,an Iowa Corporation/TBD
Below is a list of clients to whom the attached materials have been delivered. Should you have any questions
regarding these materials, please contact Security Title Guaranty Co.at the above phone number.
Please review the attached materials carefully.
Please Deliver To The Customers Listed Below:
TO: L.G. Everist,Incorporated ATTN: Lynn Mayer Shults
7321 East 88th Avenue PHONE: (303)286-2249
Suite 200 MOBILE:
Henderson,CO 80640 FAX: (303)289-1348
�p E-MAIL: Imshults@lgeverist.com
e---REF NO: DELIVERY: E-MAIL
0 If checked,supporting documentation enclosed NO. OF COPIES: 1
03/16/2007 12:38:18jhd RM File No.' S0207072
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Security Title Guaranty Co.
AS AGENT FOR
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. YOU SHOULD
READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE
COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.
AGREEMENT TO ISSUE POLICY
First American Title Insurance Company, referred to in this commitment as the Company, through its agent Security
Title Guaranty Co.,referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this
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 the 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-1.
The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this
Commitment.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.
03/16/2007 12:38:18 jhd RM File No.: S0207072
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 the title according to state law where the
land is located.
(c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real
property.
2. LATER DEFECTS
The Exceptions in Schedule B—Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in
public records or are created or attached between the Commitment Date and the date on which all of the Requirements 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 2.
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.
DISCLOSURES
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,the Company
shall be responsible for all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this
commitment,the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the requirements
may involve disclosure of certain financial information,payment of premiums,and indemnity,among others.
The general requirements stated above are subject to the revision and approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the
county treasurer or the county treasurer's authorized agent;and 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.
PRIVACY PROMISE FOR CUSTOMERS
We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer,or
are required by law. See attached Privacy Policy of Mercury Companies Inc.and Security Title Guaranty Co.
CONSUMER DECLARATION STATEMENT
This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed,
leased,or otherwise conveyed from the surface estate.If such reference is made,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. The referenced mineral estate may include the right to enter and use the
property without the surface estate owner's permission. You may be able to obtain title insurance coverage regarding any such referenced mineral
estate severance and its affect upon your ownership.Ask your title company representative for assistance with this issue.
03/16/2007 I2:38:18jhd RM File No.. S0207072
mercury companies, Inc,
Privacy Policy of Mercury Companies,Inc.
And Security Title Guaranty Co.
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future,you have provided or will provide us with certain information. We understand that you
may be concerned about what we will do with such information—particularly any personal or financial information. We agree that you have a right
to know how we will utilize personal information you provide to us.
Applicability
This Privacy Policy governs our use of the information that 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.
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
The information you provide us is for our own legitimate business purposes and not for the benefit of any affiliated or nonaffiliated party.
Therefore,we will not release your information to affiliated and 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. 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 that 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. We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic
personal information.
Security Title Guaranty Co.
3690 W 10thSt 2nd Floor
Greeley,CO 80634
Phone: (970)356-3200
Fax: (970)356-4912
COMMITMENT
SCHEDULE A
Commitment No: S0207072
1. Commitment Date: March 9,2007 at 8:00 a.m.
2. Policy or Policies to be issued: Proposed Insured: Policy Amount
(a) Owner's Policy $ TO COME
TBD
3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by:
L.G. Everist, Inc., an Iowa 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) 11992 WCR 18, Fort Lupton, CO
PREMIUM:
TBD Commitment $ 0.00
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Exhibit A
A parcel of land being Lot No. 3 of the Northeast Quarter(NE 1/4)of Section Twenty-five(25), Township Two
North(T.2N.), Range Sixty-seven West(R.67W.),of the Sixth Principal Meridian (6t° P.M.), according to
Division No. 3 Map as filed by the Lupton Meadows Land Company June 12, 1909 in Book 5 of Maps at Page 1,
County of Weld, State of Colorado, more particularly described by metes and bounds as follows:
Beginning at the Northeast Corner of said Section 25 and assuming the North line of the Northeast Quarter
(NE1/4)to bear South 89°18'44" West, a grid bearing of the Colorado State Plane Coordinate Systems,North
Zone,North American Datum 1983/92, a distance of 2611.28 feet with all other bearings herein relative thereto;
Thence South 00°24'27"East along the East line of the Northeast ''A of said Section 25 a distance of 2667.17 feet
to the South line of the Northeast ''/4 of said Section 25;
Thence North 89°44'12" West a distance of 1308.34 feet;
Thence North 89°44'35" West along said South line a distance of 187.59 feet to the Easterly line of the
abandoned Denver, Laramie and Northwestern Railroad Right-of-way(ROW), said ROW being described in a
deed recorded in Book 314 at Page 440 of the Records of Weld County;
thence North 01°58'42" West along said Easterly ROW a distance of 2643.00 feet to the North line of the
Northeast 1/4 of said Section 25;
Thence North 89°18'44" East along the North line of the Northeast 'A of said Section 25 a distance of 1568.31
feet to the Northeast Corner of said Section 25 and the True Point of Beginning.
The above description was prepared by King Surveyors, Inc. pursuant to ALTA/ACSM Land Title Survey
recorded January 25, 2005 at Reception No. 3255715.
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Form No. 1344-B 1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B—Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this
Commitment and notarized.
e. The following documents satisfactory to us must be signed, delivered and recorded:
1. TBD
r
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF
C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
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Form No. I344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B—Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. 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.
3. Easements, or claims of easements, not shown by public records.
4. 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.
5. 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.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any water rights or claims or title to water, in, on or under the land.
8. Any existing leases or tenancies.
9. The right of 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 as reserved in United States patent recorded in Book 34 at Page
115; and any and all assignments thereof or interest therein.
10. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by
the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in Book 86
at Page 273.
11. An undivided 1/2 interest in all oil, gas and other minerals as reserved by Florence B. Schneider formerly
Florence Brooks recorded May 2, 1961 in Book 1583 at Page 557, and any and all assignments thereof or
interests therein.
12. An undivided 1/2 interest in all oil, gas and other minerals conveyed to Margaret Ann Hoffman and Mary
Jane Montoya by Mineral Deed, recorded August 19, 1974 at Reception No. 1642930, and any and all
assignments thereof or interests therein.
13. An undivided 1/2 interest in all oil, gas and other minerals as reserved by Lee T. Murara recorded
December 31, 1964 in Book 531 at Reception No. 1452833, and any and all assignments thereof or
interests therein.
14. An Oil and Gas Lease, from Lee T. Murara and Taugiko Murara as Lessor(s) to Rodney P. Calvin as
Lessee(s) dated October 30, 1970, recorded November 25, 1970 at Reception No. 1558001, and any and
all assignments thereof or interests therein.
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03/16200712:38:ISjhdRM File No.: S0207072
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B—Section 2
Exceptions(Continued)
15. An Oil and Gas Lease, from Florence B. Schneider as Lessor(s) to Rodney P. Calvin as Lessee(s) dated
February 16, 1971, recorded February 25, 1971 at Reception No. 1562874 and re-recorded March 9, 1971
in Book 641 at Reception No. 1563466, and any and all assignments thereof or interests therein.
16. An Oil and Gas Lease, from 1415 Corporation, a Colorado Corporation and North Denver Bank as
Lessor(s)to Amoco Production Company as Lessee(s)dated January 11, 1972, recorded March 2, 1972 in
Book 663 at Reception No. 1584768,and any and all assignments thereof or interests therein.
17. An easement for underground pipelines and incidental purposes granted to Amoco Production Company
by the instrument recorded June 16, 1976 in Book 769 at Reception No. 1691203.
18. An easement for oil and gas pipeline and incidental purposes granted to Panhandle Eastern Pipe Line
Company by the instrument recorded August 23, 1977 in Book 806 at Reception No. 1728103
19. An easement for oil and gas pipeline and incidental purposes granted to Panhandle Eastern Pipe Line
Company by the instrument recorded September 13, 1981 in Book 948 at Reception No. 1869528.
20. Notice of underground facilities of Mountain Bell recorded October 1, 1981 at Reception No. 1870705.
21. Notice of areas served by Western Slope Gas Company recorded March 9, 1983 at Reception No.
1919757.
22. Notice of gas pipeline facilities of Associated Natural Gas, Inc., recorded October 1, 1984 at Reception
No. 1983584.
23. An easement for pipeline and incidental purposes granted to C.I.G. by the instrument recorded at
Reception No. 1982239.
24. Notice of general description of area serviced by Panhandle Eastern Pipe Line Company concerning
underground facilities recorded June 26, 1986 in Book 1 1 17 at Reception No. 2058722.
25. An undivided 95% and 5% interest in all oil, gas and other minerals conveyed to PETX Petroleum
Corporation and William G. McCanne respectively by Mineral Deed, recorded August 31, 1988 at
Reception No. 2153526 and re-recorded October 3, 1988 in Book 1211 at Reception No. 2157392, and
any and all assignments thereof or interests therein.
26. An undivided 10% interest in all oil, gas and other minerals conveyed to Jack A. McCartney and Karen L.
McCartney by Mineral Deed, recorded December 7, 1988 in Book 1218 at Reception No. 2164309, and
any and all assignments thereof or interests therein.
27. Terms, conditions, provisions, agreements and obligations specified under the Dry Up Covenant by and
between First National Bank of Longmont and Cherry Creek National Bank and Kiowa Resources, Inc.
recorded December 13, 1988 in Book 1218 at Reception No. 2164832.
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Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B— Section 2
Exceptions (Continued)
28. Notice of underground facilities of United Power, Inc., recorded January 24, 1991 at Reception No.
2239296.
29. Eastment for water line to benefit said land recorded August 14, 1991 at Reception No. 2259565.
30. Notice of Oil and Gas Interests and Surface Use by HS Resources, Inc., recorded December 18, 2000 at
Reception No. 2813677.
31. Rights-of-ways for ditches or canals as shown on the recorded plat of Fort Lupton Meadows Land Co.
No. 3.
32. Any portion of the land which may lie within the railroad right-of-way which borders the land on the
West.
33. The following items as disclosed by ALTA/ACSM Land Title Survey by King Surveyors, Inc., dated
March 26, 2004 and recorded January 25, 2005 at Reception No. 3255715 to wit:
a. The effect, if any, of fence lines not corresponding to property boundary lines as shown.
b. Easements for overhead electric lines,telephone lines, and gas lines traversing the land.
c. Oil and Gas wells as shown together with all related facilities used in connection therewith.
d. Access roads traversing the land and any rights of others in and to their use thereof.
34. Terms, conditions, provisions, agreements and obligations specified under the Surface Use Agreement by
and between Kerr-McGee Rocky Mountain Corporation and L. G. Everist, Inc. recorded August 24, 2004
at Reception No. 3211978.
35. Terms, conditions, provisions, of AMUSR-1255 Fort Lupton Sand and Gravel Mine recorded June 14,
2005 at Reception No. 3294695.
36. Terms, conditions, provisions, agreements and obligations specified under the Long Term Road
Maintenance and Improvement Agreement by and between L. G. Everist, Inc. and The County of Weld
recorded June 23, 2005 at Reception No. 3297229.
37. Terms, conditions, provisions, agreements and obligations specified under the Sale and Purchase
Agreement as evidenced by Memorandum of Agreement recorded February 16, 2007 at Reception No.
3455909.
03/16200712:38:18jhd RM File No.: S0207072
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
Ars
SCHEDULE B- Section 2
Exceptions (Continued)
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