HomeMy WebLinkAbout20061804.tiff 1,25. 2006 6: 14AM Eckelberaer & Jacks n No• 5415 P. 2
•
• wt'U3t177••-, D 1303 IOC 01331037 05114113 12x14 99.00 1/$h
..wn.war F 0100 Jars*n p, wnaa clan e =COM= OLD CO. CO
•
QUfCCLEME 1s6D
- MILE! FAaT. a Goeerat 14.1,44.04
MlrwNisk+ 13014 Vold Cooney DM 7
• Leapaat Cannot Isar ...dOtat.at •
atonla 10001 .Mtharadiaw,O.aat Leaf ma FIVE
IOW ISO Damn la aandoold.
Ynabre d.naadtdaratga Kla61r FA06. LTD.. a Colorado Meted PanMrslMp
wa+aWnrh 13a/1 Wild[sty bad 7
Coate 't Cwayd Molder ..aoSts.at Colorado tall akeYaslgnal
Ononenk cowrie ML .aadM.M.tCMrda.tawb
Lr brtMant Qatar of haIti 17, learkfp 3 Nit. I .a Ilat
•
of NM ilk P.N., loss that lortfu broatn tad to Mr NlytlaM •
Dla Das ado erupt*tasting rats at oty for coeds ado Mann.
ajar
ja Wtt fa stuns of tin capital sack of TM Highland Ma
0000.011
•
•
•
•
a niawwrah.4 a4O_Mr •
Ne
oc kNammus..ra
apse* // ant , ret(' .10903 ]
•• �- Val' .a(t111 •
•
•
Ernrt N. Klalao land
rttrr
aaataaomsak e
• . oawari gar a
• *ieia�a wa $.I.Jeaaaaaar // aaraf
e st N. lathy. alai Partner of kit ley Foes.IParbarj p
"ar OY//6•/r.
•• ic
. y rwaddaa.t
•
en
IhRDaalk oaaoaraaaowes •
Y�MIMaNara.im a*s—IAltala—ya •
art` WeW-233293748931 Page 1 of 1
•
•
2006-1804
. Aua . 25 2005 8: 14AM Eckelberaer & Jackson , LLC No. 54) 5 P 3
geMCAT7t Oi LTApTm PAIMIX r---Tie wens) ° �w.mdd.UMW F s*,dews{o D..4dbdwmmigp,Way
Datmen iF Mt d 1911. �P C rea.d..ia'.MA W pro.sYan of she Colima Llaihala LidH
1.Tim ma dl Asp pnnnrKip s; KIT El.EY FARMS, LTD.
•
Tie memei addma dee n5YlMd age.D awia:of meta It 9J
ERNES M. TELEY
138444TMELO�COUNTY ROAD 7 sc2l oC -y31°1:
. • LONGMONT. COLORADO 80504
7.Tk nests and tebras,madmen,of sulk,adieu ar.aia rand prows;
*we
mow •
ERNCST N. KTTELEY .
17844 MELD COUNTY ROAD 7
LONQIO1T. COLORADO 80604
FLORENCE G. KITELEY 13844 WELD COUNTY ROAD 7
LONGMONT. COLORADO 80504
•
4.Other Wens rcaa.NC •
The l i an d•rL®N.GIsirddpaSei nCaddew°vup}Ilbr)d,wenfl Wn�+v ftlP Mue.sd�pr°a�AIP.r Mp
IELECOTND tlu_ lW dN or 44ant N .I9
•
04 '-r 04n.e4m .11 N.Li..1
a
Florence D. MOW'
V
na.im.A1.Not vwtaasraa.e.MCa.EW W IMPISsas Nara.WaN,CO WM-,Aye.e N
' AUB •tJ LUUJ o ivAm Lcrceluel5er a dill/UV/If LLt, ,.v• �,, ,
^•
-
- Me tit samaoryaStep . tor ace rreere, .M%pee anthem•tepid
°upwa+"r N s..2010 -
arbaddreseed irerer,CO MOM
wiz MO T7pi0 00310•4-22 ' •
Ifl4 in .FILMitt Pa ell 0.06 fm POPOI Wt242
Ix
moor Q Ceres ' y yep
fpa lA iasru pa'a�BPosNlWa uOMASA -
m fiBL u*wry R011A •
.
nitun
u c g3nrss°alk
plasnr .aNa,7-60-144,.,M/,Calm
M m at.Nees.Statues me underslyned wrVNrsIi•hs
eppoprod this
Iblietradon star mad in the dinner provked N ha prtrrryNp pneemrrt m,M net ea presided such .
emtemom ha ben unpaved byatl of le stand owners as felowe
Cho airs Ofthe pommel* t ,ELEt r'ere_ LM a r.i-aa .
1.�-dada6L1Q�_
boost
bb Colorado ado�name whidr k pnpaaa m raster.or.If foreign. at k WORMan,are neon wrlWORMeas aaa
In al k■fonrraen fd admen Cafradol aA
The set addles of Re Wildest elks le
k an prkrapd.fkoi of a asarsl�perthe slip or a foreign lidded flame end atop addrwa Of Na Colorado rellotsnd NOM for onto of prom on such nen or fled.
punning*it
a!A
Lap nsre a n kldlvrt/si or M near at n entity Ftp and
middle nerve a an trdMdrraf
N/A ,
Ater adders'of fared pent named above
. EC�AakS LTe •Noma a is Mm
a �' Atp
car.ata ma ifprtun ? �
soma,Amer - Efix57 N. n in
• • Anna kl No slatomo k poMnrdio naafi m■lead Partnership or■Arcked partnership forted
In Colorado crafted.Weed liel ity...rant,or limited MOM belted
aaebaed b a ludedladon adrp than Canada. literal.In •e Aedeeatfr pertness
pin P formed end
rimSt y Os a Connate a Chard PrenrjMp.ind e a al rant first or
r ftrdstrsdn as a land.&Mud Mnwddp with the Colorado do Anna muse f fat an
teat
OOfpitEgdfQgEOp4Li
n
Revised 7/es
„ ,
F >dTC° i aaan Heritage 9�ScSM4�■ -DELIVERY TRANSMITTAL
M kingTw ml m n o,i (303)691-3333 Fax: (303)692-6633
FILE NUMBER: 256-110054809-042-JAN,Amendment No.4 DATE: December 5,2005
PROPERTY ADDRESS: 13844 Weld County Road 7 Longmont,CO 80504
OWNER/BUYER: Kiteley Farms,Ltd.,a Colorado limited liability limited partnership/Longs Peak Investors,LLC
PLEASE DELIVER TO THE CUSTOMER LISTED BELOW:
TO: First American Heritage Title Company PHONE: (303)684-6655
Longmont Escrow FAX: (303)776-7794
Jane Stoddard E-MAIL: jstoddard@fahtco.com
655 South Sunset Street Unit A NO.OF COPIES: I
Longmont,CO 80501 ROUTING METHOD: Deliver
TO: Elliot&Company Commercial Real Estate PHONE: (303)799-8058
Ken Elliot FAX: (303)708-9838
9159 N.Clydesdale Road E-MAIL:
Castle Rock,CO 80104 NO.OF COPIES: 1
ROUTING METHOD: Deliver
TO: Kiteley Farms,Ltd. PHONE:
13844 Weld County Road 7 FAX:
Longmont,CO 80504 E-MAIL:
NO.OF COPIES: I
ROUTING METHOD: Mail
TO: Longs Peak Investors,LLC PHONE:
7120 E.Orchard Rd.Ste 450 FAX: (303)796-7333
Englewood,CO 80111 E-MAIL: eckelberger@gwest.net
NO.OF COPIES: 1
ROUTING METHOD: Deliver
TO: PHONE:
FAX:
E-MAIL:
NO.OF COPIES:
ROUTING METHOD:
TO: PHONE:
FAX:
E-MAIL:
NO.OF COPIES:
ROUTING METHOD:
TO: PHONE:
FAX:
E-MAIL:
NO.OF COPIES:
ROUTING METHOD:
PIFASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS
CONTAINED THEREIN:
Schedule A: Amended Commitment Date/mo
Schedule BI:
Schedule BR:
ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU
HAVE ANY QUESTIONS REGARDING THESE MATERIALS,PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE
�-.. COMPANY AT THE ABOVE PHONE NUMBER WE SINCERELY THANK YOU FOR YOUR BUSINESS.
'Y• . I A POLICY-ISSUING AGENT OF FIRST AMERICAN
TITLE INSURANCE COMPANY
1 I " Tit t mpany Heritage
Making Transairons Personal
er^1
Date: December 5, 2005
RE: Buyer/Borrower: Long's Peak Investors,LLC
Seller(s): Kiteley Farms, Ltd., a Colorado limited liability limited partnership
Property Address: 13844 Weld County Road 7 Longmont,CO 80504
File Number: 256-H0054809-042-JAN,Amendment No. 4
We would like to thank you for choosing First American Heritage Title Company for your title
insurance needs.
Enclosed please find:
M COMMITMENT(s)
❑ CCR'S
❑ SUPPORTING DOCUMENTS
❑ TAX CERTIFICATE to follow from the Escrow Office
Schedule/Tax Parcel Number:
For all of your closing needs,your Escrow Officer is: Jane Stoddard: Please feel free to contact your
closer at: (303)684-6655,fax: (303)776-7794,email: jtoddard@fahtco.com,655 South Sunset Street
Unit A Longmont,CO 80501 .
For all of your title and commitment needs,your Title Examiner is: Ralph Romano. Please feel free to
contact your examiner at: (303)691-3333,fax: (303)692-6633,email: rromano@fahtco.com,950 S.
Cherry Street#1400 Denver,CO 80246
Once again,thank you for your business. We look forward to serving all of your title needs.
Sincerely,
First American Heritage Title Company
zilt A POLICY-ISSUING AGENT OF FIRST AMERICAN
TITLE INSURANCE COMPANY
12/05/2005 3:19:01 PM mo2 RR File No.: 256-H0054809-042JAN,Amendment No.4
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Heritage Title Company
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 First American Heritage Title Company, 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.
First American Title Insurance Company
By President •`: * +
.:Dear o.�F.,
By 64997,t4.41— s% vnZ- Secretary # I t
SIMEON!Gl= 7,
is
!_ y 4c4LsFOltiat"
By Countersigned
12/05/2005 3:19:01 PM mo2 RR File No.: 256-H0054809-042JAN,Amendment No.4
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 1 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 terns.
DISCLOSURES
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
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 fmancial 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
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
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.
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 owner's permission.You may be able to obtain title insurance coverage regarding any
such referenced mineral estate severance and its effect upon your ownership.Ask your title company representative for assistance with this
,r.,� issue.
First American Heritage Title Company
COMMITMENT
SCHEDULE A
Commitment No: 256-H0054809-042-JAN,Amendment No.4
1. Commitment Date: November 28,2005 at 8:00 A.M.
2. Policy or policies to be issued: Policy Amount
(a) Standard Owners Policy Proposed Insured: $ 2,822,820.00
Long's Peak Investors,LLC,a Colorado limited liability company
3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by:
Kiteley Farms,Ltd.,a Colorado limited liability limited partnership
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) 13844 Weld County Road 7,Longmont,CO 80504
PREMIUM:
Owners Policy $2646.00
12/05/2005 3:19:02 PM mo2 RR
12/05/2005 3:19:01 PM mot RR File N. 456-110054809-042-JAN,Amendment No.4
Exhibit A
Lot B of Recorded Exemption No. 1208-27-2-RE 843 as recorded in Book 1111,Film 1383, Reception No.
02052248,Weld County Records,being more particularly described as follows:
That tract of land located in the Northwest one-quarter of Section 27,Township 3 North,Range 68 West of the 6th
P.M.,Weld County,Colorado being more particularly described as follows:
Considering the West line of the Northwest one-quarter as assumed to bear North 00°03'44"West and with all
bearings contained herein relative thereto:
Beginning at the West one-quarter corner of said Section 27;thence North 00°03'44"West 2651.99 feet to the
Northeast corner of said Section 27;thence North 89°48'39"2637.30 feet to the North one-quarter corner of said
Section 27;thence along the East line of the Northwest one-quarter of said Section 27, South 00°42'51"West
1500.73 feet;thence along the Northwesterly boundary of that parcel of land described by deed recorded in Book
207 at Page 395 of Weld County Records,the following three(3)courses: South 51°37'52"West 507.62 feet;
South 52°39'03"West 394.00 feet thence South 39°24'03"West 765.00 feet to a point on the South line of the
Northwest one-quarter of said Section 27;thence South 89°24'03"West 1125.18 feet to the Southeast corner of
Lot A of Recorded Exemption No. 1208-27-2-RE 843 as recorded in Book 1111,Reception No.02052248,Weld
County Records;thence along the East,North and West line of said Lot A the following three(3)courses: North
00°03'44"West 233.34 feet; South 89°24'03"West 263.82 feet; South 00°03'44"East 233.34 feet to a point on
the South line of the Northwest one-quarter of said Section 27;thence South 89°24'03"West 30.00 feet to the
West one-quarter corner of said Section 27 and the True Point of Beginning,except any portion lying within
rights of way,
County of Weld, State of Colorado.
Legal description prepared by: Steven John Stencel,Colorado PLS 30462,for and on behalf of Intermill Land
Surveying,Inc., 1301 North Cleveland Avenue,Loveland,Colorado 80537,
(970)669-0516.
12/052005 3:19:01 PM mot RR File N,... 256-110054809-042-JAN,Amendment No.4
Form No. 1344-B1(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. The Affidavit and Indemnity signed by Kiteley Farms, Ltd., a Colorado limited liability limited
partnership and notarized.
e. The following documents satisfactory to us must be signed,delivered and recorded.:
1. Deed from Kiteley Farms Ltd., a Colorado limited liability limited partnership to Longs Peak Investors,
LLC,a Colorado limited liability company conveying title to the subject land.
2. Statement of Authority for Kiteley Farms, Ltd., a Colorado limited liability limited partnership,
evidencing the name of the Entity, the type of Entity able to acquire title, the mailing address of the
Entity,the Name(s)and Positions(s)of those person(s)able to act on behalf of said Entity, including any
limitations placed upon those persons.
3. Statement of Authority for Longs Peak Investors, LLC, a Colorado limited liability company evidencing
the name of the entity,the type of entity able to acquire title,the mailing address of the entity,the name(s)
and Position(s) of those person(s) able to act on behalf of said entity, including any limitations placed
upon those persons.
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).
•
12/0520053:19:01 PM mo2 RR File No.. h56-110054809-042JAN,Amendment No.4
Form No. 1344-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. All taxes and assessments,now or heretofore assessed,due or payable.
7. An Oil and Gas Lease, from Ernest m. Kiteley and Florence G. Kiteley as Lessor(s) to T.S. Pace as
Lessee(s) dated April 22, 1970, recorded May 21, 1970 at Reception No. 1547771, and any and all
assignments thereof or interests therein.
Declaration of Pooling recorded July 19,2 000 at Reception No.2833558.
Corrected Declaration of Unitization recorded August 2,2001 at Reception No.2871044.
8. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easement
granted to Tri-State Generation and Transmission Association Inc., recorded February 28, 1999 at
Reception No. 1783064.
9. Any water rights or claims or title to water, in,on or under the land.
10. Terms, conditions, provisions, agreements and obligations contained in the Access Easement recorded
June 10, 1986 at Reception No.2056675.
11. Terms, conditions,provisions, agreements and obligations contained in the Notice of General Description
of Area Served by Panhandle Eastern Pipe Line Company recorded June 26, 1986 at Reception No.
02058722.
12. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easement and
License recorded February 1, 1989 at Reception No.2169598.
13. Terms, conditions, provisions, agreements and obligations contained in the Notice of Underground
Facilities recorded January 24, 1991 at Reception No. 2239296.
14. Terms, conditions,provisions,agreements and obligations contained in the Notice of Right to use Surface
of Lands recorded March 31,2000 at Reception No.2759009.
12/05/2005 3:19:01 PM mot RR File N. _56-H0054809-042JAN,Amendment No.4
Form No. 1344-82(CO-88)
ALTA Plain Language Commitment
SCHEDULE B-Section 2
Exceptions(Continued)
15. Terms, conditions,provisions, agreements and obligations contained in the Notice of Oil and Gas Interest
and Surface Use recorded June 12, 2000 at Reception No. 2811277 and December 7, 2000 at Reception
No. 2811910.
16. Easements, conditions, restrictions, reservations and notes as contained on The Map of Exemption No.
1207-27-2-RE 843 recorded March 2, 1986 at Reception No. 2052248.
17. The following items as shown on the ALTA/ASCM Land Title Survey recorded March 22, 2005 at
Reception No. 3270592:
a. General notes as shown thereon.
b. Any boundary discrepancy due to the location of fence lines and the effect of any right, title or
interest that may be claimed due to any said discrepancy.
c. Rights of way for county roads and streets and the rights of others therein.
d. My and all rights of ingress and egress to gas production facilities and apparent easements for oil
and gas lines.
e. Water meters,electric pedestals and any appurtenant easements thereto.
f. Any and all rights in and to ditches and culverts shown thereon.
18. Terms, conditions, provisions, agreements and obligations contained in the Residential Subdivision
Service Agreement recorded on September 29,2005 at Reception No. 3327459.
Hello