HomeMy WebLinkAbout20053244.tiff EXHIBIT "A"-LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST
OF THE 6THPRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5; THENCE
NORTH 89°31'40" EAST 2,696.60 FEET TO THE NORTHEAST CORNER OF SECTION 5;
THENCE SOUTH 01°05'48" WEST 2,613.02 FEET TO THE EAST ONE-QUARTER
CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 5,NORTH 89°08'41" WEST 856.97 FEET; THENCE SOUTH
00°43'11" WEST 2,400.49 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE
THE FOLLOWING 6 COURSES:
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT(SAID CURVE
HAVING A RADIUS OF 5,830.00 FEET,A CENTRAL ANGLE OF 09°42'41", CHORD OF
SAID ARC BEARS NORTH 87°38'07" WEST 986.99 FEET)A DISTANCE OF 987.17 FEET;
THENCE SOUTH 83°36'18" WEST 193.86 FEET;THENCE SOUTH 87°53'26" WEST 190.57
FEET; THENCE SOUTH 86°14'18" WEST 361.50 FEET;THENCE NORTH 70°19'49" WEST
66.65 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 3 1/2;THENCE SOUTH 87°37'58" WEST 30.01 FEET TO A POINT
ON THE
WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE NORTH
00°43'55"EAST 2,418.11 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID
SECTION 5;THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF
SECTION 5,NORTH 00°43'36"EAST 1,391.14 FEET TO THE SOUTHEAST CORNER OF
LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WET D COUNTY
RECORDS;THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16
COURSES:
THENCE SOUTH 71°34'28" WEST 546.56 FEET;THENCE ALONG THE ARC OF A
CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 2,904.90 FEET,A
CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST
422.13 FEET)A DISTANCE OF 422.50 FEET; THENCE SOUTH 63°14'52" WEST 1,843.45
FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE
HAVING A RADIUS OF 1,310.00 FEET,A CENTRAL ANGLE OF 05°18'41", CHORD OF
SAID ARC BEARS SOUTH 65°54'13" WEST 121.40 FEET)A DISTANCE OF 121.44 FEET
TO A
POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE
ALONG SAID WEST LINE,NORTH 01°04'27"EAST 831.70 FEET; THENCE NORTH
68°57'51"EAST 1,252.40 FEET; THENCE NORTH 27°20'44"EAST 1,224.16 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5;
THENCE ALONG SAID NORTH LINE,NORTH 89°41'22"EAST 295.05 FEET; THENCE
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2005-3244
SOUTH 16°04'00"WEST 145.38 FEET; THENCE SOUTH 06°35'40"EAST 42.71 FEET;
THENCE SOUTH 38°40'00"EAST 57.32 FEET; THENCE SOUTH 63°35'24" EAST 111.77
FEET; THENCE SOUTH 88°41'43"EAST 134.80 FEET; THENCE NORTH 79°06'16" EAST
173.06 FEET;THENCE NORTH 71°27'35" EAST 93.45 FEET; THENCE NORTH 52°23'30"
EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER
OF SECTION 5;THENCE ALONG SAID EAST LINE,NORTH 00°43'36" EAST 110.75
FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 5 AND THE POINT OF
BEGINNING, EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST
QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN
BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5; THENCE
ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5, SOUTH
00°43'36" WEST 1,159.38 FEET TO THE POINT OF BEGINNING;THENCE NORTH
71°35'57"EAST 1,736.54 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT
(SAID CURVE HAVING A RADIUS OF 1,398.11 FEET,A CENTRAL ANGLE OF
41°45'31", CHORD OF SAID ARC BEARS NORTH 50°43'12"EAST 995.57 FEET)A
DISTANCE OF 1,018.98 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST
QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE,NORTH 89°31'40"
EAST 91.83 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID
es` CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 43°33'20",
CHORD OF SAID ARC BEARS SOUTH 49°49'17" WEST 1,096.78 FEET)A DISTANCE OF
1,123.64 FEET; THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE
WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5;THENCE NORTH
00°43'36" EAST 84.67 FEET TO THE POINT OF BEGINNING.
THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 313.490 ACRES
MORE OR LESS.
Ha\4270_001\Eng\SVSD Agreement COZ\LBCC PUD Exhibit A LEGAL_DESCRIPTION.doc Tetra Tech AMC 8/23/04
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AA(
c`°pecial `Warrakty`Deed (%-)
THIS DEED is a conveyance of real properly from the person(s)or legal entity named below as GRANTOR to the
person(s)or legal entity named below as GRANTEE.
The GRANTOR hereby sells and conveys to the GRANTEE the real property described below with all its
appurtenances,and the GRANTOR warrants the title against all persons claiming under the GRANTOR,except for
any particular matters described below under"Additional Warranty Exceptions,"and except for any of the following
matters established by the GRANTOR and evidenced by recorded document:easements, rights-of-way,mineral
grants,mineral leases,and protective covenants and restrictions_The GRANTOR does not warrant against the lien
of the general property taxes for the year of this Deed.
If the Go sneer intends this Deed to convey less than his entire interest In tee Progeny or if the Grantor intends to impose restrictions on the
•Grantee's use of the Property,then appropriate language has been added below under"Reservations And/Or Restrictions"
If there are two or more Grantees named in this Deed,they are accepting this conveyance as tenants uncommon,unless the words"joint tenancy '
with right of survivorship'or"Joint tenancy"base been added below under"Form of Co-Ownership.-
The Gramm acknowledges that there is good and/or valuable consideration for this Deed,and that the consideration u adequate;the indication of
a dollar amount below under"Consideration"does not necessarily mean that the stated amount is the only consideration for this Deed,and the
absence of a stated amount under"Consideration"is not intended to indicate that there is no consideration for Ibis Deed•
The following information completes this Deed:
GRANTOR:IGsue Naenetsl,AddresniesI.and Marital Sealant
WHITMAN FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY
GRANTEE:IGlse Namelsl.Addresstesl
LIFEBRIDGE CHRISTIAN CHURCH, A NON-PROFIT COLORADO CORPORATION
10345 UTE HWY, LONGMONT, CO. 80501
FORM OF Co.OWNERSHIP:
PROPERTY DESCRIPTION:
I •
SEE ATTACHED EXHIBIT A
•
•
PROPERTY ADDRESS: VACANT LAND '
CONSIDERATION: FIVE MILLION EIGHTY TWO THOUSAND TWO HUNDRED AND 00/100
RESERVATIONS AND/OR RESTRICTIONS:IF none,leave blankt
ADDITIONAL WARRANTY EXCEPTIONS.III none. cane blank)
Signed on SFPTFMRFR 711 2001 ,/lQ
(•, A POT O 00 1 TNT TED I TARO TTY COMPANY
/ Grantor
/C! i `�lj4n 2
DAVID W. WIIITIAM, MANAGER MAR I,7 WHITHAM, Grantor
MANAGER
COUNTY OF WELD ss ---_—__..—
STATE OF_COLORA20__.
Ibe(t/I)1uppr yy In�ry, Inotr����RR'rtt�tpp�jjas nkkt1lIr(rn t db hi 9gm}}t�� fIR PF11��.6��ii11��R 1{ zool
LULU_
Tl reOllit O'LIARILI'itas M1fA 0,v. oRS obi -4AA1rC C5 OF T11AFIj Fl1lihs LLC�1, LULuttADO
WITNESS my hand and official seal.
My commission expires: I O / O/
flY Pi/ Notary Public
STATE OE
COUNTY OFI JE ��r )
The foregoing instru Atent was"2kii- thedge lore me this day of ,19
by N` W
WITNESS my hand I bffinial seal. �o
My commission expirb c�..._.Qit°
�`F SL Notary Public
EXHIBIT A TO WARRANTY DEED
DATED: SEPTEMBER 20, 2001
GRANTOR; WHITHAM FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY
GRANTEE: LIFEBRIDGE CHRISTIAN CHURCH, A NON-PROFIT COLORADO CORPORATION
PARCEL 61
That portion of the NE1/4 of Section 5, Township 2 North, Range 66 West of the
6th P.M., Weld County, Colorado, lying South of the South Line of the strip of
ground described by Deed recorded June 12, 1906 in Book 241 at Page 392, Weld
County Records.
PARCEL 42
That portion of the NE1/4 of Section 5, Township 2 North, Range 68 West of the
6th P.M., Weld County, Colorado, lying North of the North line of the strip of
ground described by Deed recorded June 12, 1906 in Book 241 at Page 392, Weld
County Records.
PARCEL #3
A parcel of land being part of the SE1/4 of Section 5, Township 2 North, Range
68 West of the 6th P.M., Weld County, Colorado, and being more particularly
described as follows: Beginning at the Section Corner common to Sections 4,
5, 0, 4 9, Township 2 North, Range 68 West as monumented by a found 114 rebar
and referenced by two set 66 rebars each with a 3 1/4" ❑iameter aluminum cap
stamped as per BLM instructions as referenced Monuments (RN) and Jones LS
22098 with the Quarter Corner common to Sections 4, & 5, Township 2 North,
Range 68 West as monumented by a found axle with a 3 3/8"-diameter geared
sprocket with a 1" diameter shaft to bear North 01°05'42" East as determined
by a solar observation on February 12, 1993, a distance of 2671.46 feet with
all other bearings contained herein relative thereto:
1. Thence North 01°05'42" East along the East line of said SE1/4 of Section 5 ^�
a distance of 230.40 feet to a point on the Northerly right-of-way (ROW) line
of State Highway 119. Said point being monumented by a found Ito rebar with
yellow plastic cap stamped Jones LS 22098, said Monument Type (MT) hereinafter
referred to as MT 111; thence along the Northerly right-of-way line of the
aforesaid State Highway by the following three courses and distances;
2. Along the arc of a non-tangent curve which is concave to the North a
distance 504.65 feet, whose radius is 11,310.00 feet, whose delta is
02,33'23", and whose long chord bears North B4°00'26" West a distance of
504.61 feet to a point. Said point being monumented by MT ff1;
3. South 88°35'30" West a distance of 333.17 feet to a point being monumented .
by MTI11;
4. Along the arc of a non-tangent curve which is concave to the South a
distance of 5.63 feet, whose radius is 5,830.00, whose delta is 00°03'19", and .
whose long chord bears North 82°46'07" West a distance of 5.63 feet to a
point. Said point being monumented by a set 24" of 114 rebar with yellow
plastic cap stamped Jones LS 22098, said Monument Type (MT) hereinafter
referred to as MT 1(2. Said point being the True Point of Beginning; thence
continuing along the Northerly right-of-way line of the aforesaid State
Highway by the following six courses and distances:
5. Along the arc of a non-tangent curve which is concave to the South a
distance of 987.22 feet, whose radius is 5,830.00, whose delta is 09°42'00"
and whose long chord bears North 87038'50" West a distance of 986.04 feet to a
point being monumented by MT #2:
6. South 8337'21" West, a distance of 194.23 feet to a point being monumented
by MT 111:
7. South 87°56'03" West, a distance of 190.52 feet to a point being monumented
by MT #1;
B. South 06°13108" West, a distance of 361.70 feet to a point being monumented
by MT A1:
9. North 70020'26" West, a distance of 66.65 feet to a point on the Easterly
right-of-way line of Weld County Road (VCR) #3.5. Said point being
monumented by MT #1
10. South 07037'21" West, a distance of 30.01 feet to a point on the West line
of the said SE1/4 of Section 5. Said point being monumented by MT 111. From
said point the Quarter Corner common to Sections 5, a B, Township 2 Forth, .
Range 60 West bears South 00°43'16'' West a distance of 225.05 feet. Said
Quarter Corner being monumented by a found 46 rehar with aluminum cap stamped
as per BLS instructions and Jones LS 22098;
11. Thence North 00°43'1E' East along the West line of said SE1/4 a distance
of 2417.90 feet Co the center Quarter Corner of said Section 5. Said point
being monumented by a found C4 rebar, which was removed and replaced by a set
30" of 66 rebar, with a 3 1/4" diameter aluminum cap stamped as per ELM
instructions and Jones LS 22099;
•
12. Thence South 09009'00" East along the North line of said SE1/4 of Section
5, a distance of 1022.20 feet to a point being monumented by MT 1;2;
13. Thence South 00043'18" East a distance of 2400.32 feet to the True Point
of Beginning. .
TOGETHER WITH ALL DITCH AND WATER RIGHTS APPURTENANT TO THE PROPERTY, INCLUDING
BUT NOT LIMITED TO: CONTRACTUAL RIGHT TO PUMP WATER FROM UNION RESERVOIR AS SET
FORTH IN DEED FROM EMMA JOHNSON TO UNION RESERVOIR COMPANY ON NOVEMBER 20, 1902
AS RECORDED IN THE WELD COUNTY AT BOOK 200, PAGE 454; AND ALL RIGHTS TO PURCHASE
ADDITIONAL WATER TAPS WHICH ARE OWNED BY SELLER AND ASSOCIATED WITH THE PROPERTY;
B SHARES OP THE OLIGARCHY DITCH COMPANY STOCK, 13 SHARES OF OLIGARCHY EXTENSION
COMPANY STOCK, 12 SHARES OF LOWER OLIGARCHY DITCH COMPANY STOCK; ONE LONGS PEAL
WATER DISTRICT TAP.
AND TOGETHER WITH ALL OIL, GAS, MINERALS, SAND AND GRAVEL, AND HYDROCARBON RIGHTS
IN, ON OR UNDER THE ABOVE DESCRIBED PROPERTY OWNED BY SELLER.
!� I
v
JLN.14.2201 11,53AM BONiaRD LYONS GODDIS N0.744 5.2
'..:T"'"-• WARRANTY DEED ,
THIS DEED, Made this 11TH day of JUNE, 2001 between •
Kenneth T. Lawson and Bonnie M. Lawson
of the County oI Weld and
State of Colorado, grantor, and
Lifetridge Christian Church, a Colorado nonprofit corporation
Whose legal address is : 10242 UTE HIGHWAY, Longmont, Colorado 80505
of the County of Weld and State of Colorado, grantees:
WITTCESSETE That the grantor for and in consideration of the sum of 0 )BILLION FIVE
HUNDRED SIXTY SEVEN THOUSAND TWO HUNDRED EIGET AND 60/100, ($2,567,208 60) 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 to grantee, his heirs and assigns forever, all the real property) together with
improv®enta, if any, situste,lyiag and being in the County of Weld state of
Colorado, described as follows;
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 1475 NCR 26, Longmont, Colorado 805 4
TOGETHER with all and singular the hereditaments and appurtenances t ereto
belonging, cr in anywise appertaining and the reversion and reversions remainder and
remainders, rents, issues and profits thereof, and all the estate, rig t, title,
interest, claim cud demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premise., with the hereditanents and appurt ..oases.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, mate the grantee, hie 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 tins of the
enseeling and delivery of these presents, be is well seized of the pr sea above
conveyed, has good, sure, perfect, absolute and indefeasible estate ofl inheritance, in
law, an 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, andlthat the same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
amente, encumbrances and restrictions of whatever kind or nature oeves, except
general taxes for 2001 and subsequent years; except easements, restric ions,
covenants, conditions, reservation! and rights of way of record, if an?;
/ms's
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable Po ion of the grantee, his heirs and assigns, against
all and every person or persons lawfully claiming the whole or any per* thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders. 4I
IN WITNESS WHEREOF the grantor has executed this deed on the date se forth above.
Kennet II- . aw on /
�1TxcQ </.l-42- 4-Ti-----
Bonnie M. Lawson
STATE OP COLORADO }
} ss. The foregoing instrument was ac wledged before
County of Weld } me this 11TH day of JUNE, 7001
by Kenneth T. Lawson and Bonnie M. Lawson
„ Witness my hand and official a 1.
My eomml%sion expires Va. D 3
tt,,
' 7 NOTARY PUBLIC
No. 93 I'"�1a`4eG *8�r LONGMON2,AVENUE
80501
IL.N.14.2001 11:53RN BEJt1F7RD LYONS CADDIS NO.744 P.3
ESCROW NO.-: F930900
DATE June 11 2001
"EXHIBIT A"
LEfAI DESCRIPTION
/
Lot E of Recorded Exemption No. 1313-05-2-RE 1389, as per the map
recorded February 11, 1992 in Book 1325 under Reception N . 2277804,
being a part of the Northwest Quarter of Section 5, Towns ip 2 North,
Range 68 West of the 6th P.M, County of Weld, State of Co orado.
INCLUDING HEREWITH any and all water and water rights app rtenant to
the Property, together with all of Grantor's right, title and interest
in the contractual right to pump water from Union Reservoir as set
forth in the deed from Emma Johnson to Union Reservoir Co parry on
November 20, 1902 as recorded in the Weld County Records t Book 200,
Page 454 (Grantor's interest includes an undivided 25% in crest in the
entire contractual right) together with all of Grantor's asements and
access rights for irrigation and pumping purposes; and on -half of
Grantor's oil, gas and other mineral rights arising in, o or under the
Property.
j, COLORADO ESCROW AND TXTLE SERVICES, LLC.
520 MAIN ST . STE C LONGMONT CO 80501 303- 678-8500 FAX 303-678-8509
DATE : DECEMBER 7 , 2004
ORDER # : 20221W
PROPERTY ADDRESS : 10345 UTE HIGHWAY
LONGMONT , CO 80501
OWNER/PURCHASER: LIFEBRIDGE CHRISTIAN CHURCH, A COLORADO NON-PROFIT
CORPORATION
PLEASE DELIVER TO THE FOLLOWING CUSTOMERS :
RESOURCE CONSERVATION
TO: PARTNERS LLC AT TN: BARBARA BRUNK
TO: AT TN:
T0: AT TN:
TO : AT TN:
/'- TO : AT TN :
TO: ' AT TN:
Enclosed please find the following item (s) in connection with the above captioned order.
Should you have any questions regarding the attached documentation, please contact us at
the number above. We appreciate your business very much and look forward to serving you
in this transaction.
Your closer for this transaction is KELLEY M. ABERNATHY (303) 678-8500
THANK YOU!
X COMMITMENT OWNERS TITLE POLICY
INVOICE MORTGAGEES TITLE POLICY
ENDORSEMENT OWNER ENCUMBRANCE REPORT
TAX CERTIFICATE A/ OTHEREICG. */36-39
COMMITMENT FOR TITLE INSURANCE
UNITED GENERAL
TITLE INSURANCE COMPANY
United General Title Insurance Company, a Colorado Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified
in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums charged therefore; all subject to the provisions of Schedule A and B and to the Conditions and
Stipulations hereto.
This Commitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and
all liability and obligations hereunder shall cease and terminate 180 days after the Effective Date hereof
A-- or when the policy or policies committed for shall be issued, whichever first occurs, provided that the
failure to issue policy or policies is not the fault of the Company.
In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto
affixed: this instrument, including Commitment, Conditions and Stipulations attached, to become valid
when Schedule A and Schedule B have been attached hereto.
UNITED GENERAL TITLE INSURANCE COMPANY
wO�FNEk�
~� \r Stu
President �at�¢ Secretary
klq 0
Countersigned :, C\C\,
Authorized Officer or Agent
This policy valid only if Schedules A and B are attached.
ALTA Commitment- 1966
UGT Form No. 150A(3/21/01)
CONDITIONS AND STIPULATIONS
1. The term "mortgage",when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting[hi
estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,
lien encumbrance,adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,
but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to
acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the
amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the
status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are
subject to the provisions of this Commitment.
STANDARD EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of
the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgage thereon covered by this Commitment.
2. 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.
3. Any discrepancies, conflicts in boundary lines, encroachments, easements, measurements, variations in area or content, party walls
and/or other facts which a correct survey and/or a physical inspection of the premises would disclose.
4. Rights or claims of parties in possession not shown in the public records.
5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the
policy shall contain an additional exception which shall read as follows:
Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually
disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the
account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part
thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the
Insured (and payment of the proper charges therefore), the Company's agent or approved attorney will search the public records
subsequent to the date of the policy and furnish the insured a continuation report showing such matters affecting title to the land as they
have appeared in the public records subsequent to the date of the policy or date of the last preceding continuation report, and if such
continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does
not increase in liability unless such matters as actually shown on such continuation report are removed from the public records by the
insured.
Colorado Escrow and
Ti} (303)078-8500
tleServices, Inc. 520 MNN STREET,SUITE C•LONGMONT,CO 80501•FAX(303)678-8500
United General Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment Number 20221W
AMENDMENT NUMBER:
PROPERTY ADDRESS:
10345 UTE HIGHWAY
SCHEDULE#:
1. Effective date: November 12,2004 at 8:00 a.m.
2. Policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy-Proposed Insured: S $
B. ALTA Loan Policy-Proposed Insured: $ $
C. None-Proposed Insured: $ $
WORKING COMMITMENT SEARCH FEE $ 150.00
TOTAL $ 150.00
3. The estate or interest in the land described or referred to in this commitment and covered herein is FEE SIMPLE and title thereto
is at the effective date hereof vested in:
LIFEBRIDGE CHRISTIAN CHURCH,A COLORADO NON-PROFIT
CORPORATION
4. The land referred to in this commitment is described as follows:
See Exhibit A attached hereto and made a part hereof.
r"�
Exhibit A
A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH,RANGE 68 WEST
OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5;THENCE NORTH
89°31'00" EAST 2,696.54 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH
01°05'27" WEST 2,613.54 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 5;
THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5,
NORTH 89°08'40" WEST 857.17 FEET;THENCE SOUTH 00°43'11" WEST 2,400.49 FEET TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE
ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES:
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT(SAID CURVE
HAVING A RADIUS OF 5,830.00 FEET,A CENTRAL ANGLE OF 09°42'41",CHORD OF SAID
ARC BEARS NORTH 87°38'07" WEST 986.99 FEET) A DISTANCE OF 988.17 FEET; THENCE
SOUTH 83°36'18" WEST 193.86 FEET;THENCE SOUTH 87°53'26" WEST 190.57 FEET; THENCE
SOUTH 86°14'18" WEST 361.50 FEET;THENCE NORTH 70°19'49" WEST 66.65 FEET TO A POINT
ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.3 1/2; THENCE
SOUTH 87°37'58" WEST 30.01 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 5; THENCE NORTH 00°43'55" EAST 2,418.11 FEET TO THE CENTER
ONE-QUARTER CORNER OF SAID SECTION 5;THENCE ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SECTION 5,NORTH 00°43'36" EAST 1,391.14 FEET TO THE SOUTHEAST
CORNER OF LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WELD COUNTY
RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES:
THENCE SOUTH 71°34'28" WEST 546.55 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
LEFT(SAID CURVE HAVING A RADIUS OF 2,904.00 FEET,A CENTRAL ANGLE OF 08°20'09",
CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET)A DISTANCE OF 422.50
FEET;THENCE SOUTH 63°14'52" WEST 1,843.45 FEET;THENCE ALONG THE ARC OF A CURVE
TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1,310.00 FEET,A CENTRAL ANGLE OF
05°19'20",CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET)A DISTANCE OF
121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5;
THENCE ALONG SAID WEST LINE; NORTH 01°04'47" EAST 831.73 FEET; THENCE NORTH
68°57'51" EAST 1,252.56 FEET;THENCE NORTH 27°20'44" EAST 1,224.16 FEET TO A POINT ON
THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID
NORTH LINE,NORTH 89°41'22" EAST 295.05 FEET; THENCE SOUTH 16°04'00" WEST 145.38
FEET; THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE SOUTH 38°40'00" EAST 57.32
FEET;THENCE SOUTH 63°35'24" EAST 111.77 FEET;THENCE SOUTH 88°41'43" EAST 134.80
FEET;THENCE NORTH 79°06'16" EAST 173.06 FEET; THENCE NORTH 71°27'35" EAST 93.45
FEET;THENCE NORTH 52°23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF
THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE,NORTH
00°43'36" EAST 110.75 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 5 AND
THE POINT OF BEGINNING,EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST
QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK
241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG
THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5,SOUTH 00°43'36" WEST
1,159.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 71°35'57" EAST 1,736.54
FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A
RADIUS OF 1,398.11 FEET,A CENTRAL ANGLE OF 41°46'51",CHORD OF SAID ARC BEARS
NORTH 50°42'31" EAST 997.08 FEET)A DISTANCE OF 1,019.52 FEET TO A POINT ON THE
NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH
LINE,NORTH 89°31'40" EAST 91.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT(SAID CURVE HAVING A RADIUS OF 1,478.11 FEET,A CENTRAL ANGLE OF 43°34'37",
CHORD OF SAID ARC BEARS SOUTH 49°48'39" WEST 1,097.29 FEET)A DISTANCE OF 1,124.19
FEET; THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF
THE NORTHEAST QUARTER OF SECTION 5;THENCE NORTH 00°43'36" EAST 84.67 FEET
TO THE POINT OF BEGINNING.
Commitment No. 20221W
SCHEDULE B-1 Requirements
The following are to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record,to-wit:
A. NOTE: THIS IS AN INFORMATIONAL COMMITMENT ONLY. THIS COMPANY RESERVES THE RIGHT TO
ADD/CHANGE/DELETE REQUIREMENTS AND/OR EXCEPTIONS UPON RECEIVING FURTHER INFORMATION.
Commitment No. 20221 W
SCHEDULE B-2 Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements or claims of easements,not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Unpatented mining claims: reservations or exceptions in Patents or in Acts authorizing the issuance thereof,water rights,claims
or title to water;
NOTE: Item no. 6 of the above will not appear on the Lender's Policy(if any)to be issued hereunder.
7. Taxes and assessments which are a lien or are now due and payable; any tax, special assessment, charge or lien imposed for or by
any special taxing district or for water or sewer service;any unredeemed tax sales.
8. EASEMENT GRANTED TO UNION RURAL ELECTRIC ASSOCIATION, INC.,BY INSTRUMENT RECORDED
FEBRUARY 26, 1970 AS RECEPTION NO. 1543076,ON THE SOUTH SIDE OF THE COUNTY ROAD SITUATED ON
THE NORTH EDGE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID LAND.
9. OIL AND GAS LEASE,AND ANY AND ALL ASSIGNMENTS THEREOF,DATED MARCH 17, 1981 EXECUTED BY
SUSAN JANE RINGSBY,AKA SUSAN PIETRZAK AND ROBERT PIETRZAK,AS LESSOR AND W.S.MACEY AND
PAUL M.MERSHON, JR.,AS LESSEE,RECORDED MARCH 23, 1981 AS RECEPTION NO. 1852853.
10. RIGHT OF WAY OVER THAT PORTION OF SAID LAND LYING WITHIN WELD COUNTY ROADS 3-1/2 AND 26,AS
SHOWN ON THE RECORDED EXEMPTION NO. 1313-05-2-RE1389 RECORDED FEBRUARY 11, 1992 AS RECEPTION
NO.2277804.
11. AN UNDIVIDED 25%INTEREST [N THAT CONTRACTUAL RIGHT TO PUMP WATER FROM UNION RESERVOIR AS
SET FORTH IN THE DEED FROM EMMA JOHNSON TO UNION RESERVOIR COMPANY BY INSTRUMENT
RECORDED NOVEMBER 20, 1902 IN BOOK 200 AT PAGE 454.
12. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT WITH RESERVATION THEREIN
RECORDED AUGUST 5, 1993 AS RECEPTION NO.2344866 AND ANY AND ALL ASSIGNMENTS THEREOF.
13. ANY CLAIMS OF RIGHT,TITLE OR INTEREST,OR ANY QUESTION, DISPUTE OR ADVERSE CLAIM RELATIVE TO
ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE LOCATION OF THE RESERVOIR BY
EITHER SLOW OR SUDDEN CHANGES IN THE LOCATION OF THE WATER LINE OF SAID RESERVOIR.
14. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS.
15. ANY EXISTING LEASES OR TENANCIES,AND ANY AND ALL PARTIES CLAIMING BY,THROUGH OR UNDER
LESSEES.
16. RESERVATION AS CONTAINED IN PATENT RECORDED APRIL 29, 1876 IN BOOK 20 AT PAGE 75, SAID
RESERVATION BEING AS FOLLOWS: EXCLUDING AND EXCEPTING "ALL MINERAL LANDS" SHOULD ANY
SCHEDULE B-2 - Continued
Commitment No. 20221W
' SUCH BE FOUND TO EXIST,BUT THIS EXCLUSION AND EXCEPTION SHALL NOT BE CONSTRUED TO INCLUDE
COAL AND IRON LAND.
17. RIGHT OF WAY FOR ROAD AND INCIDENTAL PURPOSES OVER THE NORTHERLY 60 FEET OF SUBJECT
PROPERTY AS EVIDENCED BY ROAD VIEWER'S REPORT RECORDED MAY 7, 1886 IN BOOK 48 AT PAGE 135.
18. RIGHT OF WAY FOR THE OLIGARCHY DITCH AS SHOWN ON VARIOUS MAPS.
19. RESERVATION OF THE RIGHT-OF-WAY FOR SAID RAILWAY IN WIDTH,AND IN MANNER AND FORM AS
PROVIDED BY THE ACTS OF CONGRESS IN RELATION THERETO AS CONTAINED IN INSTRUMENT FROM THE
DENVER PACIFIC RAILWAY AND TELEGRAPH COMPANY RECORDED APRIL 30, 1877 IN BOOK 22 AT PAGE 56,
AND ANY INTERESTS THEREIN,ASSIGNMENTS,OR CONVEYANCES THEREOF.
20. OIL AND GAS LEASE FROM SUSAN JANE RINGSBY,AKA SUSAN PIETRZAK,AND ROBERT PIETRZAK TO W. B.
MACEY AND PAUL M. MERSHON,JR., RECORDED MARCH 23, 1981 IN BOOK 931 AS RECEPTION NO. 1852853,
AND ANY INTEREST THEREIN, ASSIGNMENTS OR CONVEYANCES THEREOF.SAID LEASE EXTENDED BY
AFFIDAVIT OF PRODUCTION RECORDED MAY 4, 1982 IN BOOK 967 AS RECEPTION NO. 1890630.
21. RESERVATION OF GRANTOR'S WORKING INTERESTS UNDER LEASES NOW OF RECORDED AND IS RESERVING
1/2 OF GRANTOR'S OIL, GAS AND MINERAL RIGHTS AS CONTAINED IN INSTRUMENT FROM SUSAN RINGSBY
PIETRZAK,AKA SUSAN JANE RINGSBY AKA SUSAN JANE PIETRZAK RECORDED NOVEMBER 3, 1986 IN BOOK
1133 AS RECEPTION NO.2075525,AND ANY INTEREST THEREIN, ASSIGNMENTS,OR CONVEYANCES THEREOF.
SUBSEQUENT BILL OF SALE FROM ROBERT PIETRZAK AND SUSAN RINGSBY PIETRZAK TO WHITHAM FARMS
LLC,A COLORADO LIMITED LIABILITY COMPANY, RECORDED JULY 17, 1995 IN BOOK 1501 AS RECEPTION NO.
2446685 AND RECEPTION NO.2446686,CONVEYS "ALL MINERAL RIGHTS OWNED BY SELLER AND
APPURTENANT TO THE REAL PROPERTY INVOLVED HEREIN".
n
22. EASEMENT FOR WATER PIPELINE PURPOSES AS GRANTED TO LONGS PEAK WATER DISTRICT BY
INSTRUMENT RECORDED JANUARY 26, 1993 IN BOOK 1368 AS RECEPTION NO. 2319380, SAID EASEMENT BEING
THE EAST 20 FEET OF THE WEST 50 FEET OF THE NE1/4 OF SECTION 5.
23. ASSIGNMENT AND DEED RECORDED MAY 5, 1992 IN BOOK 1335 AS RECEPTION NO.2286812, CONCERNING THE
PERCENTAGE IN UNION RESERVOIR AND AN EASEMENT TO USE EXISTING PUMPING AND WATER DELIVERY
SYSTEM. THE EASEMENT LOCATION IS NOT DEFINED IN SAID DOCUMENT.
24. TERMS,CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT, BETWEEN ROBERT PIETRZAK
AND SUSAN RINGSBY PIETRZAK, AS SELLER AND CITY OF LONGMONT, AS PURCHASER RECORDED AUGUST
5, 1993 IN BOOK 1396 AS RECEPTION NO. 2344865 CONCERNING THE EXPANSION OF UNION RESERVOIR AND
THE RELOCATION OF A PUMPING PLANT,PIPELINES AND ROAD 26.
25. ASSIGNMENT BETWEEN ROBERT PIETRZAK AND SUSAN RINGSBY PIETRZAK,AS SELLER AND MARY E.
WHITHAM&CO.,A PARTNERSHIP AS TO 50%, DAVID W. WHITHAM &CO.,A PARTNERSHIP AS TO 50%,
RECORDED JANUARY 19, 1994 IN BOOK 1423 AS RECEPTION NO.2369835,ASSIGNING SELLER RIGHTS AND
AGREEMENTS CURRENTLY IN EFFECT BETWEEN SELLERS AND THE CITY OF LONGMONT.
26. ASSIGNMENT BETWEEN MARY E.WHITHAM&CO., A PARTNERSHIP AND DAVID W.WHITHAM,A
PARTNERSHIP TO WHITHAM FARMS LLC,A COLORADO LIMITED LIABILITY COMPANY,RECORDED OCTOBER
17, 1994 IN BOOK 1463 AS RECEPTION NO.2411209, ASSIGNING THE INTEREST THEY ACQUIRED IN THE ABOVE
MENTIONED ASSIGNMENT. CORRECTION ASSIGNMENT BETWEEN ROBERT PIETRZAK AND SUSAN RINGSBY
PIETRZAK,AS SELLERS AND MARY E. WHITHAM& CO.,A PARTNERSHIP AS TO AN UNDIVIDED 50% INTEREST
AND DAVID W. WHITHAM&CO.,A PARTNERSHIP AS TO AN UNDIVIDED 50%INTEREST,AS BUYERS,AND
CURRENT OWNER WHITHAM FARMS, RECORDED JULY 17, 1995 IN BOOK 1501 AS RECEPTION NO.2466687,
r CORRECTING THE LEGAL DESCRIPTION OF DOCUMENT RECEPTION NO.2344835.
27. TERMS,CONDITIONS AND PROVISIONS OF MEMORANDUM, BETWEEN PHILIP MILLER AND RICHARD HAMM,
TRUSTEE RECORDED APRIL 5, 1945 IN BOOK 1152 AT PAGE 369.
SCHEDULE B-2 - Continued
Commitment No. 20221W
^28. EACH AND EVERY RIGHT OF ACCESS TO AND FROM STATE HIGHWAY NO. 119,SAID ACCESS RIGHTS HAVING
BEEN CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS BY DEED RECORDED APRIL 3, 1970 IN BOOK
623 AS RECEPTION NO. 1544824,EXCEPT CERTAIN ACCESS POINTS ALLOWED AS DESIGNATED IN SAID
DOCUMENT.
29. RIGHT OF WAY FOR PIPELINE PURPOSES AS GRANTED TO PANHANDLE EASTERN PIPE LINE COMPANY,A
DELAWARE CORPORATION BY INSTRUMENT RECORDED SEPTEMBER 4, 1980 IN BOOK 913 AS RECEPTION NO.
1835052, SAID RIGHT OF WAY NOT BEING SPECIFICALLY DEFINED.
30. RIGHT OF WAY FOR PIPELINE PURPOSES AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY, A
DELAWARE CORPORATION BY INSTRUMENT RECORDED APRIL 1, 1982 IN BOOK 964 AS RECEPTION NO.
1887563, SAID RIGHT OF WAY NOT BEING SPECIFICALLY DEFINED.
31. RIGHT-OF-WAY EASEMENT AND AGREEMENT FOR SANITARY SEWER PIPELINE, LIFT STATION AND
APPURTENANCES PURPOSES AS GRANTED TO ST. VRAIN SANITATION DISTRICT,A SPECIAL DISTRICT BY
INSTRUMENT RECORDED APRIL 10, 1987 IN BOOK 1152 AS RECEPTION NO. 2095353, SAID RIGHT-OF-WAY
EASEMENT BEING 20 FEET IN WIDTH,THE CENTERLINE OF WHICH SHALL BE LOCATED ACROSS THE ABOVE
DESCRIBED REAL PROPERTY AS FOLLOWS: PERMANENT-ALL THAT PORTION OF LAND WITHIN THE
FOLLOWING DESCRIBED EASEMENT SITUATED WITHIN THE SOUTHERN HALF OF SECTION 4 AND SECTION 5,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBING THE
CENTERLINE OF A TWENTY FOOT PERMANENT EASEMENT,BEING MEASURED AT RIGHT ANGLES TO THE
FOLLOWING SANITARY SEWER CENTERLINE DESCRIPTION: COMMENCING AT THE SOUTHEAST CORNER OF
SAID SECTION 4 AND CONSIDERING THE SOUTH LINE OF SAID SECTION 4 TO BEAR SOUTH 88°47'WEST WITH
AL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;THENCE NORTH 00°40'EAST, 106 FEET MORE
OR LESS TO THE CENTERLINE OF SAID SANITARY SEWER LINE;THENCE SOUTH 88°47' WEST, 30 FEET, MORE
OR LESS,TO THE TRUE POINT OF BEGINNING OF WELD COUNTY ROAD 7 RIGHT-OF-WAY AND 10 FEET NORTH
e^` OF THE NORTH RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 119;THENCE WESTERLY ALONG THE
CENTERLINE OF SAID SANITARY SEWER LINE 10 FEET NORTH OF AND PARALLELING COLORADO STATE
HIGHWAY 119 RIGHT-OF-WAY TO THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD 5 1/2;THENCE
CONTINUING WEST NORTHWESTERLY IN THE SAME ALIGNMENT ALONG THE SANITARY SEWER LINE FOR A
DISTANCE OF 106 FEET MORE OR LESS TO A MANHOLE OF SAID SEWER LINE;THENCE TO THE LEFT AT A
DEFLECTION OF 24°27'FOR A DISTANCE OF 667.2 FEET MORE OR LESS TO A POINT 10 FEET NORTH OF SAID
HIGHWAY 119 RIGHT-OF-WAY;THENCE CONTINUING IN A WESTERLY DIRECTION 10 FEET NORTH OF AND
PARALLEL TO SAID HIGHWAY 119 RIGHT-OF-WAY TO A POINT OF TERMINATION OF WELD COUNTY ROAD 3
1/2 RIGHT-OF-WAY;AND AN ADDITIONAL 60 FOOT WIDE PERMANENT EASEMENT COMMENCING AT THE
WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 7 AND CONTINUING 20 FEET INA WESTERLY DIRECTION
PARALLEL TO SAID PERMANENT EASEMENT; WITH THE SIDE LINES OF THE DESCRIBED STRIP OF LAND
BEING LENGTHENED OR SHORTENED TO TERMINATE ON THE PROPERTY LINE; AND
TEMPORARY-THE GRANTOR ALSO HEREBY GRANTS AND CONVEYS TO THE GRANTEE,TEMPORARY
EASEMENT FOR USE DURING THE CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER LINE WITH
THE PERMANENT EASEMENT, SAID TEMPORARY EASEMENTS BEING WITHIN SAID SECTIONS 4 AND 5 AND
BEING DESCRIBED AS FOLLOWS: SAID TEMPORARY EASEMENT TO THE NORTH OF AND PARALLEL AND
ADJACENT TO THE ABOVE DESCRIBED PERMANENT EASEMENT;THENCE A 20 FOOT TEMPORARY EASEMENT
COMMENCING AT THE WEST EDGE OF SAID 60 FOOT PERMANENT EASEMENT AND CONTINUING 190 FEET IN
A WESTERLY DIRECTION PARALLEL TO SAID PERMANENT EASEMENT;THENCE A 60 FOOT TEMPORARY
EASEMENT CONTINUING 120 FEET IN A WESTERLY DIRECTION PARALLEL TO SAID PERMANENT EASEMENT;
THENCE A 40 FOOT TEMPORARY EASEMENT CONTINUING 2425 FEET MORE OR LESS IN A WESTERLY
DIRECTION PARALLEL TO SAID PERMANENT EASEMENT TO MANHOLE NO. A-71 AS SHOWN ON THE ST.
VRAIN SANITATION DISTRICT SEWER CONSTRUCTION PLANS;THENCE A 20 FOOT TEMPORARY EASEMENT
CONTINUING IN A WESTERLY DIRECTION TO THE CENTERLINE OF WELD COUNTY ROAD 5 1/2 PARALLEL TO
SAID PERMANENT EASEMENT;THENCE A 30 FOOT TEMPORARY EASEMENT CONTINUING 423 FEET MORE OR
r LESS IN A WEST NORTHWESTERLY AND WESTERLY DIRECTION PARALLEL TO SAID PERMANENT EASEMENT
TO MANHOLE NO. A-79 AS SHOWN ON THE ST.VRAIN SANITATION DISTRICT SEWER CONSTRUCTION PLANS:
THENCE A 20 FOOT TEMPORARY EASEMENT CONTINUING IN A WESTERLY DIRECTION PARALLEL TO SAID
PERMANENT EASEMENT TO THE POINT OF TERMINATION AT THE EAST RIGHT-OF-WAY LINE OF WELD
SCHEDULE B-2 - Continued
Commitment No. 20221W
COUNTY ROAD 3 1/2.THE SIDE LINES OF THE DESCRIBED STRIP OF LAND ARE TO BE LENGTHENED OR
SHORTENED TO TERMINATE ON THE ROAD RIGHT-OF-WAY.
32. OIL AND GAS LEASE FROM KATHERINE FENTON(NEE KATHERINE C.HAMM)AND CAROLYN TUCHER(NEE
CAROLYN ALICE HAMM), RICHARD E.HAMM AND EMMA ALICE HAMM TO BUDDY BAKER, RECORDED
JANUARY 7, 1980 IN BOOK 892 AS RECEPTION NO. 1813519, AND ANY INTERESTS THEREIN,ASSIGNMENTS OR
CONVEYANCES THEREOF. SAID LEASE EXTENDED BY AFFIDAVIT OF PRODUCTION RECORDED OCTOBER 3,
1985 IN BOOK 1086 AS RECEPTION NO. 2027311.
33. THE FOLLOWING NOTICES HAVE BEEN RECORDED WITH THE CLERK AND RECORDER OF WELD COUNTY
PURSUANT TO CRS 9-1.5-103O). THESE INSTRUMENTS DO NOT DEFINE THE EXACT LOCATION OF THE
UNDERGROUND FACILITIES AND MAY OR MAY NOT AFFECT THE SUBJECT PROPERTY:
NOTICES BOOK RECEPTION NO.
A) PANHANDLE EASTERN PIPELINE 1117 2058722
B) ST. VRAIN SANITATION DISTRICT 1218 2164975
C) UNITED POWER, INC. FORMERLY UNION 1288 2239296
RURAL ELECTRIC ASSOCIATION,INC.
34. EASEMENT FOR WATERLINE PURPOSES AS GRANTED TO LEFT HAND WATER DISTRICT BY INSTRUMENT
RECORDED JUNE 22, 1995 IN BOOK 1498 AS RECEPTION NO. 2443673, SAID EASEMENT BEING 20 FEET IN WIDTH
THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE QUARTER CORNER OF
SECTION 5, THENCE ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 5, NORTH 00°33'00" EAST
225.02 FEET;THENCE SOUTH 89°27'00" EAST 35.07 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF STATE HIGHWAY #119 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 86°02'25" EAST 297.24 FEET;
.^ THENCE NORTH 86°37'52" EAST 400.32 FEET; THENCE NORTH 86°55'28" EAST 331.72 FEET; THENCE SOUTH
88°07'42" EAST 398.42 FEET; THENCE SOUTH 85°25'48" EAST 362.74 FEET TO A POINT ON THE EAST PROPERTY
LINE, WHENCE THE SOUTHEAST CORNER OF SECTION 5, BEARS SOUTH 70°00'35" EAST 890.84 FEET AND
TERMINATIQN OF SAID CENTERLINE.
35. RIGHTS OF PARTIES UNDER UNRECORDED TENANCIES.
36. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS CONTAINED IN RESOLUTION
RECORDED SEPTEMBER 10,2004 AS RECEPTION NO.3217791.
37. NOTES AS SHOWN ON CHANGE OF ZONE PLAN FOR PROJECT LIFEBRIDGE P.U.D. RECORDED SEPTEMBER 17,
2004 AS RECEPTION NO.3220113.
38. DEED OF TRUST FROM LIFEBRIDGE CHRISTIAN CHURCH TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR
THE USE OF THE CHRISTIAN CHURCH EXTENSION FOUNDATION TO SECURE PAYMENT OF $6,100,000.00,
DATED SEPTEMBER 28,2001 AND RECORDED NOVEMBER 14,2001 AS RECEPTION NO.2900410.
39. DEED OF TRUST FROM LIFEBRIDGE CHRISTIAN CHURCH TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR
THE USE OF CHURCH DEVELOPMENT FUND, INC. TO SECURE PAYMENT OF $7,200,000.00, DATED JUNE 20,2002
AND RECORDED JUNE 28,2002 AS RECEPTION NO. 2965222.
NOTE: COLORADO REVISED STATUES 10-11-123 REQUIRES THE FOLLOWING NOTICE:
THAT THERE IS RECORDED EVIDENCE THAT A MINERAL ESTATE HAS BEEN SEVERED, LEASED OR
OTHERWISE CONVEYED FROM THE SURFACE ESTATE AND THAT THERE IS A SUBSTANTIAL LIKELIHOOD
THAT A THIRD PART HOLDS SOME OR ALL INTEREST IN OIL, GAS, OTHER MINERALS, OR GEOTHERMAL
ENERGY IN THE PROPERTY;AND
THAT SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE THE PROPERTY WITHOUT THE
SURFACE OWNER'S PERMISSION.
SCHEDULE B-2 - Continued
Commitment No. 20221W
r
Commitment No. 20221 W
DISCLOSURE ATTACHMENT
Note(1)Exception No. 4 of Schedule B, Section 2 concerning unrecorded mechanics'or material men's liens,may be deleted from
The owner's policy upon satisfaction and compliance with underwriting requirements established by the Company.
These requirements may include the following:
(1) The land described in Schedule A of this commitment must be a Single-family residence, including a condominium or
townhouse unit.
(2) No labor,services or materials must have been furnished for repair, improvement or construction on the land described in
Schedule A within the 13 months immediately proceeding the effective date of this Commitment
(3) The Company must receive a satisfactory affidavit and indemnity agreement which indemnifies it against any claims of liens for
labor, services or materials heretofore or hereafter furnished for repair, improvement or construction on the land described in
Schedule A.
(4) The Company may establish additional requirements which it deems reasonably necessary as a prerequisite to making an
Underwriting determination concerning its willingness to delete the said exception of Schedule B, Section 2.
Note(2)Colorado Insurance Regulations,3-5-1,Paragraph C of Article VII requires that: "Every Title
Entity shall be responsible for all matters which appear of public record prior to the time
of recording whenever the title entity conducts the closing and is responsible for recording
or filing of legal documents resulting from the transaction which was closed."
Note(3)The following disclosures are hereby made Pursuant to Colorado Revised Statutes 10-11-122:
a: The subject property may be located in a special taxing district;
r
b: A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from
the County Treasurer or the County Treasurer's authorized agent;
c: Information regarding special districts and the boundaries of such districts may
be obtained from the Board of County Commissioners,the County Clerk and recorder,
or the County Assessor.
Note(4) If there has been a mineral severance,Pursuant to CRS 10-11-123 Notice is hereby given:
a: That there is recorded evidence that a mineral estate has been severed, leased or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party holds
some or all interest in oil,gas, other minerals, or geothermal energy in the property;and
b: That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
Note (5)Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorders office shall contain a top margin of at least once-inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document
that does not conform,except that,the requirement for the top margin shall not apply to documents using
forms on which space is provided for recording or filing information at the top margin of the document.
Note (6) 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 Colorado Revised Statues 39-22-604.5 (Non-resident withholding).
r NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
United General Title Insurance Company
Privacy Policy Notice
as of May 31, 2001
PURPOSE OF THIS NOTICE
United General Title Insurance Company ("United General") and their Agent (the "Agent") share your concerns about privacy. Each
Company is committed to respecting the privacy of our policyholders. Therefore, in accordance with Federal and State laws and
regulations,we are providing you with this notice of how we might use the information about you which we gather in the process of issuing
our policy of title insurance.
Title V of the Gramm-Leach-Bliley Act (GLBA) and the laws of the State in which you reside generally prohibit us from sharing nonpublic
personal information about you with a third party unless we provide you with this notice of our privacy policies and practices, such as the
type of information that we collect about you and the categories of persons or entities to whom that information may be disclosed. In
compliance with the GLBA and the laws of this State, we are providing you with this document, which notifies you of the privacy policies
and practices of United General and the Agent.
OUR PRIVACY POLICIES AND PRACTICES
Information we collect and sources from which we collect it:
We do not collect any nonpublic personal information about you other than the following:
Information we receive from you or from your attorney or other representatives on applications or other forms;
Information about your transactions with us,our affiliates or our agents.
In addition, we may collect other nonpublic personal information about you from individuals and companies other than those
proposed for coverage.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional information will be collected about
you.
II. Information we disclose to third parties:
In the course of our general business practices, we may disclose the information that we collect(as described above)about you or others
without your permission to the following types of institutions for the reasons described:
To a third party such as a surveying, real estate tax research or municipal data firm if the disclosure will enable that
party to perform a business,professional or insurance function for us;
To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or
misrepresentation in connection with an insurance transaction;
To an insurance institution, agent, or credit reporting agency for either this Company or the entity to whom we
disclose the information to perform a function in connection with an insurance transaction involving you;
To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect our
interests in preventing or prosecuting fraud,or if we believe that you have conducted illegal activities;
To an actuarial or research organization for the purpose of conducting actuarial or research studies.
The disclosures described above are permitted by law.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH AFFILIATES OR NON-AFFILIATED
THIRD PARTIES FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
III. Your right to access and amend your personal information:
You have the right to request access to the personal information that we record about you. Your right includes the right to know
the source of the information and the identity of the persons, institutions or types of institutions to whom we have disclosed such
information within 2 years prior to your request. Your right includes the right to view such information and copy it in person, or
request that a copy of it be sent to you by mail(for which we may charge you a reasonable fee to cover our costs). Your right also
includes the right to request corrections, amendments or deletions of any information in our possession. The procedures that you
must follow to request access to or an amendment of your information are as follows:
To obtain access to your information from United General: You should submit a request in writing to United
General Title Insurance Company, Attention: National Risk Department, P.C. Box 1680, Denver, CO 80201.
The request should include your name, address, policy number, telephone number, and the information to
which you would like access. The request should state whether you would like access in person or a copy of
the information sent to you by mail. Upon receipt of your request,we will contact you within 30 business days
to arrange providing you with access in person or the copies that you have requested.
To correct, amend, or delete any of your information: You should submit a request in writing to the address
referenced directly above. The request should include your name, address, policy number, telephone
number, the specific information in dispute, and the identity of the document or record that contains the
disputed information. Upon receipt of your request, we will contact you within 30 business days to notify you
either that we have made the correction, amendment or deletion, or that we refuse to do so and the reasons
for the refusal which you will have an opportunity to challenge.
IV. Our practices regarding information confidentiality and security:
We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide
products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
V. Our policy regarding dispute resolution:
Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance
with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof.
VI. Reservation of the right to disclose information in unforeseen circumstances:
In connection with the potential sale or transfer of its interests, United General and Agent and their respective affiliates reserve the right to
sell or transfer your information (including but not limited to your address, name, age, sex, zip code, state and country of residency and
other information that you provide through other communications) to a third party entity that (1) concentrates its business in a similar
practice or service; (2) agrees to be a successor in interest of United General or the Agent with regard to the maintenance and protection
of the information collected;and(3)agrees to the obligations of this privacy statement.
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