HomeMy WebLinkAbout20060373.tiff . �IllhII 11111 HEM 11111 IIII 11111111111 III 11111 illl IIII 2
,3043901 03/21/2003 04:17P Weld County, CO
,—� 1 of 3 R 16.00 D 24.60 Steve Moreno Clerk 8 Recorder
901 WARRANTY DEED
THIS DEED, made on 03/17/03
between RFD Family Partnership, LLLP
of the County of and
State of , grantor, and
// Charles L. Meserlian
% whose legal address is
2324 Plains Court
Fort Collins, CO 80521
of the said County of Weld and State of , grantee:
WITNESSETH, that the grantor, for and in consideration of the sum of
Two hundred forty six thousand dollars and no cents
DOLLARS,
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, his heirs and assigns forever, all the real property, together with improvements, if
any, situate, lying and being in the said County of weld
and State of Colorado described as follows:
(continued)
/WATER
,_ RESERVING UNTO THE SELLER ALL OIL AND GAS RIGHTS AND ALL NON-TRIBUTARY GROUND RIGHTS
TO THE PROPERTY AND ASSURES BUYER THAT THE SELLER WILL NOT USE THESE RIGHTS TO
OPPOSE DEVELOPMENT OF THE PROPERTY. SELLER SHALL RELEASE SURFACE RIGHTS 10 GRAVEL &
COAL, IF ANY.
as known by street and numbers as: TBD WCR 84 and WCR 21
Ault, CO 80610
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, his heirs 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, that at the time of the ensealing and delivery of these
presents, he is well seized of the premises above conveyed, had 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
soever, except for general taxes and assessments for the year 2003 and
subsequent years; and subject to easements, covenants, reservations,
restrictions and rights of way of record.
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 lawfully claiming the whole of any part thereof. The singular number shall
�.� include the plural, the plural the singular, and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
1/4
RFD Family Partnership, LLLP
STATE OF Colorado
said } ss.
County of Larimer
The foregoing instrument was acknowledged before me this 17th day of March 2003
by Dennis Drake as General Partner of the RFD Family Partnership, LLLP
OJWrI
Fq lql Witness my hand and official e . My c ssion expires
r SMARM : I(�
PUBLIC
4p AP/ ary Publ '
OF CD
18: -; LVS BU"
No.932A.Rev.10-97 Warranty Deed(For Photographic Record) COMM. EXP. 2/4/2OO4
NORTH AMERICAN TITLE COMPANY 3880 N. GRANT #100
LOVELAND, CO 80538
2006-0373
111111111111 MI 111111 II iii
3043901 03/21/2003 04.17P Weld Counry, CO
2 of '3 R 16.00 0 24.60 Steve Moreno Clerk& Recorder
LEGAL DESCRIPTION (continued) File No. LVS 189128
Parcel 3 :
That portion of the N 1/2 of Section 10, Township 7 North, Range
67 West of the 6th P.M. , County of Weld, State of Colorado, more
particularly described as follows:
Considering the East line of the NE 1/4 of Section 10, Township 7
North, Range 67 West of the 6th P.M. , as monumented by a 3/4"
diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 10740
at the NE corner of said Section 10 and at the E 1/4 corner of
said Section 10, to bear an assumed bearing of S 00 10' 31" W with
all bearings contained herein relative thereto.
Beginning at the E 1/4 corner of said Section 10; thence along
the East-West centerline of said Section 10 S 89 51' 52" W 4605 .19
feet; thence N 00 14' 12" W 1615 .86 feet to the approximate
centerline of the Larimer County Canal; thence along said
centerline the following 19 courses:
S 28 34'20" E 268 .20 feet;
/^ thence S 25 40' 18" E 284 .65 feet;
thence S 30 29' 27" E 167 .95 feet;
thence S 45 21' 31" E 98 .34 feet;
thence S 52 02' 47" E 124 .51 feet;
thence S 43 41' 20" E 765.46 feet:
thence S 56 55' 26" E 68 .03 feet:
thence S 67 43' 15" E 102 .76 feet:
thence S 81 25' 01" E 112 .08 feet:
thence N 87 08' 54" E 366.77 feet:
thence N 83 11' 58" E 211 .97 feet :
thence N 75 20' 55" E 340.27 feet:
thence N 66 19' 18" E 472 .66 feet:
thence N 47 23' 14" E 81.91 feet:
thence N 26 50' 47" E 64 .73 feet:
thence N 01 19' 09" E 77.28 feet:
thence N 17 50' 37" W 98 .85 feet :
thence N 34 04' 18" W 99 .06 feet :
thence N 43 59' 35" W 123 .71 feet to the NW corner of Recorded
Exemption No. 0705-10-1-RE3175, said point being the TRUE POINT
OF BEGINNING; thence continuing along said centerline the
following 11 courses:
N 43 59' 35" W 666 .87 feet;
(continued)
•I Ilillflllll 111111111111 IIII 111111 II1,r'i1 VIII IIII IIII
3043901 03/21/2003 04:17P Weld County, CO
3 of •3 R 16.00 D 24.60 Steve Moreno Clerk& Recorder
LEGAL DESCRIPTION (continued) File No. LVS 189128
thence N 16 02' 33" w 152 .38 feet;
thence N 28 10' 30" E 220.56 feet;
thence N 50 01' 21" E 199 .16 feet;
thence N 79 27'20" E 259 .53 feet;
thence N 64 56' 12" E 75.73 feet;
thence N 51 04' 32" E 66 .83 feet;
thence N 08 15' 19" E 112.69 feet;
thence N 13 22' 29" W 56 .11 feet;
thence N 22 48' 31" W 198 .05 feet;
thence N 16 58' 07" W 284 .23 feet to the North line of the NE 1/4
of said Section 10; thence along said North line N 89 57' 36" E
2099 .29 feet to the NE corner of said Section; thence along the
East line of said NE 1/4 S 00 10' 31" W 1442 .13 feet to the NE
corner of Subdivision Exemption No. 908; thence along the North
line of said Subdivision Exemption S 85 34' 21" W 354 .89 feet to
the NW corner of said Subdivision Exemption, said point being
also the NE corner of said Recorded Exemption No.
0705-10-1-RE3175; thence along the North line of said Recorded
Exemption the following 2 courses: S 85 34'21" W 64 . 14 feet;
thence S 82 30'20" W 1656 .84 feet more or less to the TRUE POINT
/'". OF BEGINNING.
County of Weld, State of Colorado
•
Form No.6402.92(10/17/92)
ALTA Owner's Policy
POLICY OF TITLE INSURANCE
ISSUED BY
`AMERICAN
TITLE
COMPANY E
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, NORTH AMERICAN TITLE INSURANCE COMPANY, a California
corporation, herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
NORTH AMERICAN TITLE COMPANY
110 EAST OAK STREET, SUITE 100
FORT COLLINS, COLORADO 80524
(970)484-8800 FAX(970)482-2962
SOVTL.E IN u
NORTH AMERICAN TITLE INSURANCE COMPANY w`�.)
Ifd/. ` 9 01A,::u 7,
BY J. /tt/ PRESIDENT a.
c SEPT '.8 1958 a
�\ ✓
LI A ST SECRETARY ' „,.
�11 ! !; p\
NY 167239
POLICY
OF
TITLE
INSURANCE
`AMERICAN
RICAN
TITLE
C' INSURANCE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or expenses which
arise by reason of:
y'"..1 Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a)created, suffered, assumed or agreed to by the insured claimant;
(b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors'rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. by this policy which constitutes the basis of loss or damage for any loss or damage caused thereby.
and shall state,to the extent possible,the basis of calculating (b) In the event of any litigation,including litigation by
The following terms when used in this policy mean: the amount of the loss or damage. If the Company is the Company or with the Company's'consent,the Company
,alai "insured":the insured named in Schedule A,and, Prejudiced by the failure of the insured claimant to provide the shall have no liability for loss or damage until there has been
soh i any rights or defenses the Company would have required proof of loss or damage,the Company's obligations a final determination by a court of competent jurisdiction,
rim .,tst the named insured,those who succeed to the to the insured under the policy shall terminate,including any and disposition of all appeals therefrom,adverse to the title
interest of the named insured by operation of law as liability or obligation to defend, prosecute,or continue any as insured.
distinguished from purchase including, but not limited to, litigation,with regard to the matter or matters requiring such
heirs,distributees,devisees,survivors,personal representa- proof of loss or damage. (c) The Company shall not be liable for loss or pan
fives, next of kin,or corporate or fiduciary successors. In addition, the insured claimant may reasonably be damage to any insured for liability voluntarily assumed by the
required to submit to examination under oath by an insured in settling any claim or suit without the prior written
damage.( ) "insured claimant': an insured claiming loss or authorized representative of the Company and shall prduce consent of the Company.
for examination,inspection and copying,at such reasonable
(c) "knowledge"or"known":actual knowledge,not times and places as may be designated by any authorized 10. REDUCTION OF INSURANCE; REDUCTION OR
;onstructive knowledge or notice which may be imputed to representative of the Company,all records,books, ledgers, TERMINATION OF LIABILITY.
in Insured by reason of the public records as defined in this checks,correspondence and memoranda,whether bearing a
aollcy or any other records which impart constructive notice date before or after Date of Policy,which reasonably pertain All payments under this policy,except payments made
of matters affecting the land. to the loss or damage.Further,if requested by any authorized for costs, ahomeys' fees and expenses, shall reduce the
(d) "land": the land described or referred to in representative of the Company, the insured claimant shall amount of the insurance pro Canto.
≥chedule(A),and improvements affixed thereto which by law grant its permission, in writing, for any authorized rep- 11 LIABILITY NONCUMULATIVE.
:onstitute real property.The term"land"does not include any resentative of the Company to examine,inspect and copy all
toperty beyond the lines of the area described or referred records,books,ledgers,checks,correspondence and mem- It is expressly understood that the Amount of In-
n in Schedule (A), nor any right, title, interest, estate or oranda in the custody or control of a third party, which surance under this policy shall be reduced by any amount the
Casement in abutting streets, roads,avenues,alleys,lanes, reasonably pertain to the loss or damage. All information Company may pay under any policy insuring a mortgage to
Nays or waterways,but nothing herein shall modify or limit designated as confidential by the insured claimant provided which exception is taken in Schedule B or to which the
he extent to which a right of access to and from the land is to the Company pursuant to this Section shall not be insured has agreed,nsured by this policy. disclosed to others unless,in the reasonable judgment of the assumed,insured or taken which c ,or which i s
or
(e) "mortgage":mortgage,deed of trust,trust deed, Company,it is necessary in the administration of the claim. hereafter liothe executed estate or by n interest described and t a charge d in
r other security instrument. Failure of the insured claimant to submit for examination Schedule en A d themou so or referred a is
(f) "public records":records established under state under oath,produce other reasonably requested information mntn and this amounttepaid shall be deemed a
Ctatutes at Date of Policy for the purpose of imparting
or grant permission to secure reasonably necessary informa- payment under policy to the insured owner.
:onstructive notice of matters relating to real property to lion from third parties as required in this paragraph,unless 12. PAYMENT OF LOSS.
Curchasers for value and without knowledge.With respect to prohibited by law or governmental regulation,shall terminate
iection 1(a)(iv) of the Exclusions From Coverage, "public any liability of the Company under policy as to that claim. (a) No payment shall be made without producing this
words"shall also incude environmental protection hens filed 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
n the records of the clerk of the United States district court policy for endorsement of the payment unless the policy has
been lost or destroyed, in which case proof of loss or
TERMINATION OF LIABILITY.or the district in which the land is located. destruction shall be furnished to the satisfaction of the
(g) "unmarketability of the title": an alleged or In case of a claim under this policy,the Company shall Company.
Cpparent matter affecting the titre to the land,not excluded or have the following additional options: (b) When liability and the extent of loss or damage has
�:xce from coverage,which would entitle a purchaser of been definitely fixed in accordance with these Conditions and
he or interest described in Schedule A to be released (a) To Pay or Tender Payment of the Amount of Stipulations,the loss or damage shall be payable within 30
ron, ...� obligation to purchase by virtue of a contractual Insurance. y B P Y
days thereafter.
:ondition requiring the delivery of marketable title. To pay or tender payment of the amount of insurance
under this policy together with any costs,attorneys'fees and
ETTLE UPON PAYMENT
!. CONTINUATION OF INSURANCE AFTER expenses incurred by the insured claimant, which were f3. OR
CONVEYANCE OF TITLE. authorized by the Company, up to the time of payment or OR SETTLEMENT
ENT.
tender of payment and which the Company is obligated to
(a) The Company's Company o Rig stall Subrogation.s tli d
The coverage of this policy shall continue in force as pay' Upon the exercise by the Company of this option,all Whenever the shall have settled and paid a
if Date of Policy in favor of an insured only so long as the liability and obligations to the insured under this policy,other claim under this policy, all right of subrogation shall vest in
"muted retains an estate or interest in the land,or holds an the Company unaffected by any act of the insured claimant.
_.,.._,._______..__.._____:..__ than to make the navment renuired shall terminate includinn _. _ . ... . . . . . .. ..
•made by the insured in any transfer or conveyance of the,.. Company for cancellation. ^ nu"'o•alp;t�u,au„u, ww=I Ly in,caLtu••u WE 1.1c11111
had this policy not been issued.If requested by the Company,
estate or interest. This policy shall not continue in force ii (b) To Pay or Otherwise Settle With Parties Other thar the insured claimant shall transfer to the Company all rights
favor of any pbrchaser from the insured of either(i)an estate the Insured or With the Insured Claimant. and remedies against any person or property necessary in
'or interest in the land,or(ii)an indebtedness secured by a (i) to pay or otherwise settle with other parties for order to perfect this right of subrogation. The insured
purchase money mortgage given to the insured. or in the name of an insured claimant any claim insured claimant shall permit the Company to sue,compromise or
against under this policy,together with any costs,attorneys' settle in the name of the insured claimant and to use the name
3. NOTICE OF CLAIM TO BE GIVEN BY fees and expenses incurred by the insured claimant which of the insured claimant in any transaction or litigation
,.-ENSURED CLAIMANT. were authorized by the Company up to the time of payment involving these rights or remedies.
and which the Company is obligated to pay;or If a payment on account of a claim does not fully cover
.he Insured shall notify the Company promptly in (ii) to pay or otherwise settle with the insured the loss of the insured claimant, the Company shall be
writing(i)in case of any litigation as set forth in Section 4(a) claimant the loss or damage provided for under this policy, subrogated to these rights and remedies in the proportion
below, (ii) in case knowledge shall come to an Insured together with any costs, attorneys' fees and expenses which the Company's payment bears to the whole amount
hereunder of any claim of title or interest which is adverse to incurred bythe insured claimant which were authorized by the of the loss.
the tide to the estate or interest,as insured,and which might Company up to the time of payment and which the Company If loss should result from any act of the insured
cause loss or damage for which the Company may be liable is obligated to pay. claimant,as stated above,that act shall not void this policy,
by virtue of this policy,or(iii)it title to the estate or interest, Upon the exercise by the Company of either of the but the Company,in that event,shall be required to pay only
as insured,is rejected as unmarketable.If prompt notice shall options provided for in paragraphs (b)(i) or (ii), the Com- that part of any losses insured against by this policy which
not be given to the Company,then as to the insured all liability pany's obligations to the insured under this policy for the shall exceed the amount, if any, lost to the Company by
of the Company shall terminate with regard to the matter or claimed loss or damage,other than the payments required to reason of the impairment by the insured claimant of the
matters for which prompt notice is required; provided, be made,shall terminate,including any liability or obligation Company's right of subrogation.
however,that failure to notify the Company shall in no case to defend, prosecute or continue any litigation. (b) The Com Against Non-Insured
prejudice the rights of any insured under this policy unless Obligors. Pants Rights
the Company shall be prejudiced by the failure and then only 7. DETERMINATION,EXTENT OF LIABILITY The Com to the extent of the prejudice. AND COINSURANCE. pangs right of subrogation against on-
insured obligors shall exist and shall include, without
4. DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual limitation,the rights of the insured to indemnities,guaranties,
DUTY OF INSURED CLAIMANT TO COOPERATE.' monetary loss or damage sustained or incurred by the teother policies of insurance or bonds,those o, instruments which ch
insured claimant who has suffered loss or damage by reason provide ov or for subrogation
gts In instruments
(a) Upon written request by the insured and subject to of matters insured against by this policy and only to the extent subrogation rights by reason of this policy.
the options contained in Section 6 of these Conditions and herein described. 14. ARBITRATION.Stipulations, the Company, at its own cost and without (a) The liability of the Company under this policy shall
unreasonable delay, shall provide for the defense of an not exceed the least of: Unless prohibited by applicable law,either the Com-
insured In litigation in which any third party asserts a claim (i) the Amount of Insurance stated in Schedule A; pany or the insured may demand arbitration pursuant to the
adverse to the title or interest as insured,but only as to those or Title Insurance Arbitration Rules of the American Arbitration
stated causes of action alleging a defect, lien or en- (ii) the difference between the value of the insured Association. Arbitrable matters may include, but are not
cumbrance or other matter insured against by this policy.The estate or interest as insured and the value of the insured estate limited to,any controversy or claim between the Company
Company shall have the right to select counsel of its choice or interest subject to the defect,lien or encumbrance insured and the insured arising out of or relating to this policy,any
(subject to the right of the insured to object for reasonable against by this policy. service of the Company In connection with its issuance or
cause)to represent the insured as to those stated causes of (b) In the event the Amount of Insurance stated in the breach of a policy provision or other obligation. All
action and shall not be liable for and will not pay the fees of Schedule A at the Date of Policy is less than 80 percent of arbitrable matters when the Amount of Insurance is
ananothr counsel.The incurred by m will inn to y any e fees,those s the value of the insured estate or interest or the full $1,000,000 or less shall be arbitrated at the option of either
causes expenses i c rred which the e Insured matters not insured e against th by consideration paid for the land, whichever is less, or if the Company or the insured.All arbitrable matters when the
tu of subsequent to the Date of Policy an improvement is erected Amount of Insurance is in excess of$1,000,000 shall be
on the land which increases the value of the insured estate arbitrated only when agreed to by both the Company and the
' The Company shall have the light,at its own cost, or interest by at least 20 percent over the Amount of insured. Arbitration pursuant to this policy and under the
to i,. Jte and prosecute any action or proceeding or to do Insurance stated in Schedule A,then this Policy is subject to Rules in effect on the date the demand for arbitration is made
any other act which in its opinion may be necessary or the following: or,at the option of the insured,the Rules in effect at Date of
desirable to establish the title to the estate or interest, as (i) where no subsequent improvement has been Policy shall be binding upon the parties. The award may
Insured, or to prevent or reduce loss or damage to the made,as to any partial loss,the Company shall only pay the include attorneys'fees only if the laws of the state in which
insured.The Company may take any appropriate action under loss pro rata in the proportion that the Amount of Insurance the land is located permit a court to award attorneys'fees to
the terms of this policy, whether or not it shall be liable at Date of Policy bears to the total value of the insured estate a prevailing party.Judgment upon the award rendered by the
hereunder,and shall not thereby concede liability or waive or interest at Date of Policy; or (ii) where a subsequent Arbitrator(s)may be entered in any court having jurisdiction
any provision of this policy.If the Company shall exercise its improvement has been made, as to any partial loss, the thereof.
rights under this paragraph,it shall do so diligently. Company shall only pay the loss pro rata in the proportion that The law of the situs of the land shall apply to an
(c) Whenever the Company shall have brought an 120 percent of the Amount of Insurance stated in Schedule arbitration under the Title Insurance Arbitration Rules.
action or interposed a defense as required or permitted by the A bears to the sum of the Amount of Insurance stated in A copy of the Rules may be obtained from the
provisions of this policy, the Company may pursue any Schedule A and the amount expended for the improvement. Company upon request.
litigation to final determination by a court of competent The provisions of this paragraph shall not apply to
jurisdiction and expressly reserves the right, in its sole costs,attorneys'fees and expenses for which the Company 15. LIABILITY LIMITED TO THIS POLICY;
discretion,to appeal from any adverse judgment or order. is liable under this policy,and shall only apply to that portion POLICY ENTIRE CONTRACT.
(d) In all cases where this policy permits or requires of any loss which exceeds,in the aggregate, 10 percent of
the Company to prosecute or provide for the defense of any the Amount of Insurance stated in Schedule A. (a) This policy together with all endorsements,if any,
action or proceeding, the insured shall secure to the (c) The Company will pay only those costs,attorneys' attached hereto by the Company is the entire policy and
Company the right to so prosecute or provide defense in the fees and expenses incurred in accordance with Section 4 of contract between the insured and the Company.In interpret-
action or proceeding,and all appeals therein,and permit the these Conditions and Stipulations. ing any provision of this policy,this policy shall be construed
Company to use,at its option,the name of the insured for this as a whole.
purpose.Whenever requested by the Company,the insured, B. APPORTIONMENT. (b) Any claim of loss or damage, whether or not
at the Company's expense, shall give the Company all based on negligence,and which arises out of the status of
reasonable aid (i) in any action or proceeding, securing If the land described in Schedule(A)(C)consists of two the title to the estate or interest covered hereby or by any
evidence,obtaining witnesses,prosecuting or defending the or more parcels which are not used as a single site,and a loss action asserting such claim,shall be restricted to this policy.
action or proceeding,or effecting settlement,and(ii)in any is established affecting one or more of the parcels but not all, (c) No amendment of or endorsement to this policy
other lawful act which in the opinion of the Company may be the loss shall be computed and settled on a pro rata basis as can be made except by a writing endorsed hereon or attached
necessary or desirable to establish the title to the estate or if the Amount of Insurance under this policy was divided pro hereto signed by either the President, a Vice President,the
interest as insured.If the Company is prejudiced by the failure rata as to the value on Date of Policy of each separate parcel Secretary, an Assistant Secretary, or validating officer or
of the insured to furnish the required cooperation, the to the whole, exclusive of any improvements made sub- authorized signatory of the Company.
Company's obligations to the insured under the policy shall sequent to Date of Policy, unless a liability or value has
terminate, including any liability or obligation to defend, otherwise been agreed upon as to each parcel by the 16. SEVERABILITY.
prosecute,or continue any litigation,with regard to the matter Company and the insured at the time of the issuance of this
or matters requiring such cooperation. policy and shown by an express statement or by an
endorsement attached to this policy, In the event any provision of the policy is held invalid
5. )OF OF LOSS OR DAMAGE. or unenforceable under applicable law, the policy shall be
9. LIMITATION OF LIABILITY. deemed not to include that provision and all other provisions
In addition to and after the notices required under shall remain in full torte and effect.
Section 3 of these Conditions and Stipulations have been (a) It the Company establishes the title,or removes the 17. NOTICES,WHERE SENT.
provided the Company,a proof of loss or damage signed and alleged defect, lien or encumbrance, or cures the lack of a
sworn to by the insured claimant shall be furnished to the right of access to or from the land, or cures the claim of All notices required to be given the Company and any
Company within 90 days after the insured claimant shall unmarketability of title,all as insured,in a reasonably diligent statement in writing required to be furnished the Company
ascertain the facts giving rise to the loss or damage. The manner by any method,including litigation and the comple- shall include the number of this policy and shall be
proof of loss or damage shall describe the defect in,or lien lion of any appeals therefrom,it shall have fully performed its addressed to it at its main office at 2185 N. California
or encumh Ice on the title,or other matter insured against obligations with respect to that matter and shall not be liable Blvd.,Suite 575,Walnut Creek,California 94596.
•
NORTH AMERICAN TITLE COMPANY OF COLORADO
110 E. Oak Street, Suite 100
Fort Collins, CO 80524
(970) 484-8800
June 11, 2003
LVS 189128
Charles L. Meserlian
2324 Plains Court
Fort Collins, CO 80521
Dear New Homeowner (s):
Thank you for selecting North American Title Company of Colorado as your title insurer. North
American Title Company of Colorado sincerely appreciates the opportunity to serve you and is happy to
include you as one of our many valued customers.
Enclosed you will find your Policy of title insurance.
North American Title Company of Colorado would like to take this opportunity to advise you of certain
matters concerning your policy:
1. If you sell the insured premises, there are limited coverages that will continue to protect you against
certain claims made by your purchaser. In that regard, it is important to keep this policy even after you
sell the insured premises;
2. Often, a seller may be required to purchase title insurance for their purchaser or lender. If you decide
to sell this property or to offer it as security for a loan, you may be entitled to certain discounts on
subsequent policies provided for your purchaser or lender.
Please contact North American Title Insurancr Company of Colorado and ask about our reissue rates. If
you qualify, these special rules could provide you a substantial savings.
Thank you again for making North American Title Company of Colorado your title company. If you
have any questions, concerns, or comments, please feel free to contact the respective title unit or one of
our Company's Title Officers.
Sincerely,
Susan May /plc
189128 LVS
NORTH
NINIAMERICAN
STITLE
COMPANY
OWNERS
SCHEDULE A
File No. LVS 189128
Total Fee for Title Search, Examination
and Title Insurance: $879.00
Amount of Insurance: $246, 000.00 Policy No. 50-167239
Date of Policy: March 22, 2003 at 7:30 a.m.
1. Name of Insured:
Charles L. Meserlian
2 The estate or interest in the land which is covered by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Charles L. Meserlian
4. The land referred to in this Policy is described as follows:
(continued)
SCHEDULE A
This Policy valid only if Schedule B is attached
•
LEGAL DESCRIPTION (continued) File No. LVS 189128
Parcel 3 :
That portion of the N 1/2 of Section 10, Township 7 North, Range 67 West of the 6th
P.M. , County of Weld, State of Colorado, more particularly described as follows:
Considering the East line of the NE 1/4 of Section 10, Township 7 North, Range 67
West of the 6th P.M. , as monumented by a 3/4" diameter rebar with a 2 1/2" diameter
aluminum cap, P.L.S. 10740 at the NE corner of said Section 10 and at the E 1/4
corner of said Section 10, to bear an assumed bearing of S 00°10' 31" W with all
bearings contained herein relative thereto.
Beginning at the E 1/4 corner of said Section 10; thence along the East-West
centerline of said Section 10 S 89°51' 52" W 4605.19 feet; thence N 00°14' 12" W
1615.86 feet to the approximate centerline of the Larimer County Canal; thence along
said centerline the following 19 courses:
S 28°34' 20" E 268 .20 feet;
thence S 25°40' 18" E 284 .65 feet;
thence S 30°29'27" E 167.95 feet;
thence S 45°21'31" E 98 .34 feet;
thence S 52°02'47" E 124.51 feet; •
thence S 43°41'20" E 765.46 feet:
thence S 56°55'26" E 68 .03 feet:
thence S 67°43' 15" E 102.76 feet:
thence S 81°25' 01" E 112.08 feet :
thence N 87°08' 54" E 366 .77 feet:
thence N 83°11' 58" E 211.97 feet:
thence N 75°20' 55" E 340.27 feet:
thence N 66°19' 18" E 472.66 feet:
thence N 47°23' 14" E 81.91 feet:
thence N 26°50'47" E 64 .73 feet :
thence N 01°19' 09" E 77.28 feet:
thence N 17°50' 37" W 98 .85 feet :
thence N 34°04' 18" W 99.06 feet:
thence N 43°59'35" W 123.71 feet to the NW corner of Recorded Exemption No.
0705-10-1-RE3175, said point being the TRUE POINT OF BEGINNING; thence continuing
along said centerline the following 11 courses:
N 43°59' 35" W 666.87 feet;
thence N 16°02' 33" W 152 .38 feet;
thence N 28°10' 30" E 220.56 feet;
thence N 50°01'21" E 199.16 feet;
thence N 79°27'20" E 259.53 feet;
(continued)
LEGAL DESCRIPTION (continued) File No. LVS 189128
thence N 64°56' 12" E 75.73 feet;
thence N 51°04' 32" E 66 .83 feet;
thence N 08°15' 19" E 112.69 feet;
thence N 13°22'29" W 56 .11 feet;
thence N 22°48' 31" W 198 .05 feet;
thence N 16°58' 07" W 284.23 feet to the North line of the NE 1/4 of said Section 10;
thence along said North line N 89°57' 36" E 2099.29 feet to the NE corner of said
Section; thence along the East line of said NE 1/4 S 00°10' 31" W 1442 . 13 feet to the
NE corner of Subdivision Exemption No. 908; thence along the North line of said
Subdivision Exemption S 85°34'21" W 354.89 feet to the NW corner of said Subdivision
Exemption, said point being also the NE corner of said Recorded Exemption No.
0705-10-1-RE3175; thence along the North line of said Recorded Exemption the
following 2 courses: S 85°34'21" W 64 .14 feet; thence S 82°30'20" W 1656 .84 feet
more or less to the TRUE POINT OF BEGINNING.
County of Weld, State of Colorado
•
,,�,,
SCHEDULE B
File No.: LVS 189128
Policy No.: 50-167239
EXCEPTIONS
This policy does not insure against loss or damages, including attorney fees by reason of the matters
shown below:
I. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, which are not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which
a correct survey and inspection of the land would disclose, and which are not shown by the
public records.
4. Any lien, or right to a lien,for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Water rights, claims or title to water, whether or not shown by the public records.
6. Taxes and assessments for the year 2002 paid; Taxes and assessments for
the year 2003 and subsequent years, a lien, not yet due or payable.
n
7. Any existing leases or tenancies.
8. 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, recorded October 14, 1889, in Book 86 at Page 273.
9. The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
the United States Patent recorded March 27, 1925 in Book 133 at Page
177, and 178, and any and all assignments thereof or interests
therein. (affects the NE 1/4)
10. Right of way to the Water Supply and Storage Company as specified in
Deed recorded Book 266 at Page 41, Book 270 at Page 502 and February
26, 1919 in Book 530 at Page 529. (affects the NE 1/4)
11. Terms, conditions, provisions, agreements, and obligations specified
under the petition to Northern Colorado Water Cosnervancy District
recorded August 23, 1939 in Book 1045 at Page 46 .
(continued)
emN
SCHEDULE B
SCHEDULE B - Owner's Policy Exceptions (cont'd) FILE NUMBER: LVS 189128
12. An easement for utilities and incidental purposes granted
to United States of America by the instrument recorded
August 8, 1951 in Book 1308 at Page 579 .
13. An easement for utilities and incidental purposes granted
to Western Slope Gas Company by the instrument recorded
February 8, 1971 in Book 648 at Reception No. 1561875.
14. Right of way or easement for the Larimer County Canal as
presently located along the West Boundary of Subject
property.
NOTE: Exceptions 15 through 22 will be deleted upon
recordation of an affidavit of Non-Production
15. An oil and gas lease, executed by Otis C. Carleton and Guy
S. Carleton, as Lessor(s) and by Frank J. Burnett, as
Lessee(s) , for a primary term of 5 years, dated December 4,
1923 and recorded December 14, 1923 in Book 661 at Page
447, and any and all assignments thereof or interests
therein.
16. An oil and gas lease, executed by Gene Drake and Ruth
Drake, as Lessor(s) and by Morrison w. Burr, as Lessee(s) ,
for a primary term of 10 years, dated July 17, 1953 and
r-. recorded August 18, 1953 in Book 1365 at Page 8, and any
and all assignments thereof or interests therein.
17. An oil and gas lease, executed by Gene Drake and Ruth
Drake, as Lessor(s) and by Hal a. McVey, as Lessee(s) , for
a primary term of 5 years,. dated March 3, 1970 and recorded
May 22, 1970 in Book 626 at Reception No. 1547843, and any
and all assignments thereof or interests therein.
18. An oil and gas lease, executed by Drake Farms, Inc, as
Lessor(s) and by Hal A. McVey, as Lessee (s) , for a primary
term of 3 years, dated February 13, 1975 and recorded April
8, 1975 in Book 736 at Reception No. 1657632, and any and
all assignments thereof or interests therein.
19. An oil and gas lease, executed by Ruth Drake aka Ruth Fern
Drake, as Lessor(s) and by Barlow & Haun, Inc, as
Lessee (s) , for a primary term of 5 years, dated January 10,
1979 and recorded January 29, 1979 in Book 858 at Reception
No. 1780065, and any and all assignments thereof or
interests therein.
(continued)
y
2/SCHEDULE B - Owner's Policy Exceptions (cont'd) FILE NUMBER: LVS 189128
20. An oil and gas lease, executed by Ruth Drake, as Lessor(s)
and by The Oil Company, as Lessee(s) , for a primary term of
2 years, dated May 2, 1984 and recorded May 17, 1984 in
Book 1030 at Reception No. 1967205, and any and all
assignments thereof or interests therein.
21 . An oil and gas lease, executed by Ruth F. Drake,
individually and as Trustee for the Ruth F. Drake Trust, as
Lessor(s) and by Tri-Peak Ventures, Inc, as Lessee (s) , for
a primary term of 3 years, dated May 23, 1987 and recorded
July 24, 1987 at Book 1164 at Reception No. 2108206, and
any and all assignments thereof or interests therein.
22. An oil and gas lease, executed by Ruth Drake aka Ruth Fern
Drake, as Lessor(s) and by Randall Taylor Oil Producer, as
Lessee (s) , for a primary term of 5 years, dated January 28,
1993 and recorded February 22, 1993 in Book 1371 at
Reception No. 2322486, and any and all assignments thereof
or interests therein.
23. Agreement dated March 17, 2003, and recorded March 21,
2003, at Reception No. 3043900.
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