HomeMy WebLinkAbout20053483.tiff - FIDELITY NATIONAL TITLE
ifilts.\,
8110 EAST UNION AVENUE, SUITE 400
f1f1 % DENVER, CO. 80237-2966
(720)200-1200 FAX (303)771-5385
Date: July 29, 2005
Our Order Number: C202084CO
Property Address: 1388 Dusk/40000 County Rd 25
Milliken, CO 80543
Current Owner: Waste Services Corporation, a Colorado corporation
Enclosed you will find the commitment for the following real estate transaction. If you have questions please contact
your title officer, Charles Wagner, at 303-244-9174, by fax: 303-292-3752 or email at : charles.wagner@fnf.com.
Mailing List
Chicago Title Insurance Company Tiffany H. Davis/NBU 171 N. Clark Street-03ND, Chicago, IL 60601
20502430 Phone: (312)223-2327 Fax: (312)223-5800
We appreciate the opportunity to serve you!
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2005-3483
.41
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CHICAGO TITLE INSURANCE COMPANY
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COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in i
Schedule A, in favor of the proposed Insured named in Schedule A, a owner or mortgage of the estate or
interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and
charges therefor;all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof.
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 the 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 six months after the effective date hereof or when the policy
or policies committed for shall issue, whichever fhst occun, provided that the failure to issue such policy or i
policies is not the fault of the Company.This Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
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IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become
valid when countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws.
• This Commitment is effective as of the date shown in Schedule A as"Effective Date."
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CHICAGO TITLE INSURANCE COMPANY
• Issued by:
• Fidelity National Title 1
• 8110 East Union Avenue, Suite 400 ''�",a Br ,1,e � C
Denver,Co. 80237-2966 swisopo
(720)200-12002 7
• Fax(303)771-5385 ; . 'e
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i in3lar
Officer or Agent
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F.2110 CTIRB: 5.1.75
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 or acquires actual knowledge of any defect,lien,encumbrance, adverse claim or other
matter affecting the 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 Exclusions from Coverage and
the Conditions and Stipulations 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. •
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4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the
estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim,shall be
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restricted to the provisions and Conditions and Stipulations of this Commitment.
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CHICAGO TITLE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
REVISION NO. 3
Commitment Number: C202084CO
1. Effective Date: July 25, 2005 at 7:30 AM
2. Policy or Policies to be issued: Amount Premium
(A) ALTA Owners Policy (INFORMATIONAL BINDER)
Proposed Insured:
INFORMATIONAL BINDER
(B) ALTA Loan Policy
Proposed Insured:
Work Charge $ 1,000.00
Weld County copy $ 15.00
TOTAL: $ 1,015.00
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:
Waste Services Corporation, a Colorado corporation
4. The land referred to in this commitment is described as follows and shall hereinafter be referred to as
the "Property":
SEE SCHEDULE C ATTACHED HERETO
Issued at: DENVER, COLORADO FIDELITY NATIONAL TITLE
Commitment(Schedule A)
CHICAGO TITLE COMPANY
SCHEDULE B - 1
REQUIREMENTS
Commitment Number: C202084CO
The following requirements are to be complied with:
A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record in the office of the clerk and recorder of the county in which said property is located.
C. Note: This report shall not be construed as a Title Guaranty, nor a Title Insurance Policy. The liability of
this Company shall not exceed the charge paid by the applicant for this report, nor shall the Company be
held liable to any party other than the applicant for this report.
END OF REQUIREMENTS
Issued at: DENVER, COLORADO FIDELITY NATIONAL TITLE
Commitment(Schedule B-1)
CHICAGO TITLE COMPANY
SCHEDULE B - 2
EXCEPTIONS
Commitment Number: C202084CO
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:
Standard Exceptions
1. Rights or claims of parties in possession not shown by the public records.
2. Easements or claims of easements not shown by the public records.
3. Discrepancies, conflicts in boundary lines, 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
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. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
Additional Exceptions
7. All water, water rights, or claims thereto, in, on or under the land.
8. Mineral Deed conveying interest in all oil, gas, and associated liquid hdrycarbons, as conveyed by deed
recorded January 13, 1978 in Book 819 at Reception No. 1741398, and any and all assignments thereof
or interests therein.
(affects Parcel: 008 and 009)
9. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's
Agreement, which was recorded November 29, 1982 in Book 983 at Reception No. 01909925.
(affects Parcel 045 009)
10. An easement for transmission lines and incidental purposes granted to Public Service Company of
Colorado by the instrument recorded December 2, 1988 in Book 1217 at Reception No. 02163805, upon
the terms and conditions set forth in the instrument, over a portion of the land.
(affects: all parcels)
11. Deed of trust from Waste Services Corporation, to the public trustee of Weld county, for the benefit of
Central Bank Denver, National Association, securing an original principal indebtedness of$2,500,000.00,
and any other amounts and/or obligations, dated August 15, 1990, and recorded August 31, 1990 in Book
1275 at Reception No. 02225793.
(affects: all parcels)
12. Terms, conditions, provisions, agreements and obligations specified under the Development Standards,
which was recorded November 27, 1990 at Reception No. 02234016.
CHICAGO TITLE COMPANY
SCHEDULE B - 2
EXCEPTIONS
(Continued)
(affects: Parcel 008)
13. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Lease
Agreement, which was recorded May 6, 1992 in Book 1335 at Reception No. 02287112.
(affects: Parcel 008)
14. The effect of Resolution recorded November 5, 1992 in Book 1357 at Reception No. 02309799.
(affects: Parcel 008)
15. The effect of Resolution recorded November 5, 1992 in Book 1357 at Reception No. 02309844.
(affects: Parcel 008)
16. Request for Notification by instrument recorded April 1, 2002 at Reception No. 2938222.
(affects: all parcels)
17. Request for Notification of Suface Development by instrument recorded May 28, 2002 at Reception No.
2954937.
(affects: all parcels)
18. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
END OF EXCEPTIONS
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Issued at: DENVER, COLORADO FIDELITY NATIONAL TITLE
Commitment(Schedule 8-2)
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CHICAGO TITLE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE C
Commitment Number: C202084CO
Parcel: 0707 07 0 00 008:
Lots 3 and 4 and the E1/2 of the SW1/-of Section 7, Township 7 North, Range 66 West of the 6th P.M.;
EXCEPT that portion thereof conveyed to The Department of Highways, State of Colorado by Special Warranty
Deed recorded in Book 1483, Page 93, described as follows:
Beginning at a point on the West line of said Section 7 from which the Southwest corner of Section 7 bears
South a distance of 116.6 feet;
thence N89°32'E, a distance of 1,537.4 feet;
thence S88°29'30"E, a distance of 521.2 feet;
thence N82°21'E, a distance of 903 feet to the East line of the SW1/4 of said Section 7;
thence along the East line of the SW1/4 of Section 7 S1°47'W, a distance of 181.5 feet to the South quarter
corner of said Section 7;
thence along the South line of Section 7 S88°57'W, a distance of 2,948.1 feet to the Southwest corner of Section
7;
thence along the West line of said Section 7 North a distance of 116.6 feet, more or less, to the Point of
Beginning,
County of Weld,
State of Colorado.
Parcel: 0707 07 0 00 009:
A tract of land located in the E1/2 of Section 7, Township 7 North, Range 66 West of the 6th P.M., described as
follows:
Beginning at a point on the North line of said E1/2 of said Section 7, a distance of 2359 feet West of the
Northeast corner of said Section 7, said Point of Beginning being 40 feet West of the West edge of the Pierce
Lateral, running thence from said Point of Beginning parallel with and 40 feet Westerly from the West edge of
said lateral S27°45'E, 249 feet;
thence S12°'53" E, 701.5 feet;
thence S11°24' E, 133.9 feet;
thence S16°11'E, 80.5 feet;
thence S33°36'E, 68.8 feet;
thence S41°22'E, 186.2 feet;
thence S48°43'E, 332.3 feet;
thence S29°48'E, 86.3 feet;
thence S17°10'E, 276.8 feet;
thence S18°2O'E, 462.0 feet;
thence S16°04'E, 379.3 feet; •
thence S27°02'E, 505.2 feet;
thence S27°40'E, 142.7 feet; •
thence S04°04'W, 108.7 feet;
thence S28°15'W, 149 feet;
thence S33°15'W, 541 feet; •
thence S23°50'W, 118.6 feet;
thence S14°04'W, 142.8 feet;
thence S05°58'W, 137 feet;
thence S00°59'W, 139.2 feet; •
thence S04°17'E, 411.7 feet; •
CHICAGO TITLE COMPANY
COMMITMENT FOR TITLE INSURANCE
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SCHEDULE C •
(Continued)
thence S26°36'W, 140.3 feet;
thence S38°38'W, 83.9 feet;
thence S54°56'W, 209.1 feet; •
thence N89°27'W, 713.5 feet; •
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thence S79°21'W, 361.5 feet to a point on the West line of the E1/2 of said Section 7 a distance of 84 feet North
of the Southwest corner of said E1/2 of said Section 7;
thence N01°47'E, 5220 feet more or less, along the West line of said E1/2 of Section 7, to the Northwest corner
therof;
thence East 232 feet mor or less, along the North line of said E1/2 of said Section 7, to the Place of Beginning,
EXCEPTING THEREFROM a parcel of land conveyed to the Department of Highways, State of Colorado by
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Deed
recorded April 6, 1957 in Book 1474 at Page 497;
EXCEPTING THEREFROM a parcel of land conveyed to the Department of Highways by Deed recorded April 6,
1957 in Book 1474 at Page 499,
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County of Weld,
State of Colorado.
Parcel: 0707 07 0 00 045:
All of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M.,
County of Weld,
State of Colorado.
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Issued at: DENVER, COLORADO FIDELITY NATIONAL TITLE
Commitment(Schedule C-Legal Description)
CHICAGO TITLE COMPANY DISCLOSURE STATEMENT
• Pursuant to Section 10-1-122 of the Colorado Revised Statutes; the Company is required to disclose the
following information:
a The subject property may be located in a special taxing district;
o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the county treasurer
or the county treasurer's authorized agent;
o Information regarding special districts and the boundaries of such districts may be obtained from a
board of county commissioners, the county clerk and recorder, or the county assessor.
• Colorado Division of Insurance Regulation 3-5-1, Paragraph C of Article Vii, requires that"every title entity
shall be responsible for all matters which appear of record prior to the time of recording whenever the title
entity conducts the closing and is responsible from recording or filing of legal documents resulting from the
transaction which was closed". Provided that CHICAGO TITLE COMPANY conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction, exception
No. 5 in Schedule t3-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued.
• Recording statutes require that all documents received for recording or filing in the cleric and recorder's
office shall contain a top margin of at least one 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 to
requirements of this paragraph (a).
• Pursuant to Section 10-11-123 of the Colorado Revised Statutes, the Company is required to disclose the
following information: that there is a 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 that such mineral
estate may include the right to enter and use the property without the surface owner's permission.
• If the sales price of the subject property exceeds$100,000.00 the seller shall be required to comply with the
Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding).
Disclosure Statement (C202084CO.PFD/C202084CO/68)
Chicago Title Privacy Statement
July 1,2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information("Personal
Information"),and to whom it is disclosed,will form the basis for a relationship of trust between us and the public that we
serve.This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time
to time consistent with applicable privacy laws.
In the course of our business,we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with,or from the services being performed by,us,our affiliates,or others;
• From our intemet web sites;
• From the public records maintained by governmental entities that we either obtain directly from those entities,or from
our affiliates or others;and
• From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access
or intrusion. We limit access to the Personal Information only to those employees who need such access in connection
with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We also may disclose your Personal Information:
• to agents,brokers or representatives to provide you with services you have requested;
■ to third-party contractors or service providers who provide services or perform marketing or other functions on our
behalf;and
■ to others with whom we enter into joint marketing agreements for products or services that we believe you may find of
interest.
In addition,we will disclose your Personal Information when you direct or give us permission,when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arising out of any agreement,transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Chicago Title
4050 Calle Real,Suite 220
Santa Barbara,CA 93110
Multiple Products or Services
If we provide you with more than one financial product or service,you may receive more than one privacy notice from us.
We apologize for any inconvenience this may cause you.
PRIVACY STATEMENT (C202084CO.PFD/C202084CO/68)
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
Ii COUNTY OF WELD
The Fidelity National TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has
made a careful search of its records, and finds the following conveyances affecting the real estate described herein
since August 30, 1972,and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION: See attached
CONVEYANCES(if none appear, so state):
Reception No. 17-1 )3 ! 3 Book Fl 9
Reception No. '76-S 2 7S Book g /.3
Reception No. 0 2-Z Z. 5---7 f , Book >7 7≤
Reception No. O Z ZZ S`r) �}t , Book / Z`-) S'-
Reception No. , Book
Reception No. Book
Reception No. Book
Reception No. Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado.
This certific iedi8 �ty Na o onacite � EAbstract of Title nor an opinion of Title, nor a guarantee Title and the
liability of COMPANY,is hereby limited to the fee paid for this Certificate.
In Witness whereof, +—le e.,t -I /V� !T 1 JICOM PANY,has cau ed this certificate to be signed
by its proper officer this q7 h lay of L1 w/Li ,20 O , at /-��Pn?,
( Fidelity National Title
Company:
By:
Authorize ignature
-. B 1275 AEC 02225791 08/31/90 16:38 05.00 1/001
AR222S791 - .,_ F 0353 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WARRANTY DEED I I;
Li Grantort>D. Vernon P. Baiamonte and Mary K. Baiatwnte ? State Documentary Fee ''
Dee-.8"3/-90
$ /g, oD
i
whose address is 41818 WCR 25, Au]t Ii
I
'County of Weld ,State of
I, 1i
l! ,for the consideration of i'
One Hundred Eighty Thousand----dollars.in hand paid,hereby sell(s)
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VOL I and convey(s) TO Waste Services Corporation, a Colorado corporation I
Ig.00 I
whose legal address is 6037 77th Avenue, Greeley
County of Weld .and State of Colorado
.' the following real property in the County of Weld .and State of II
• Colorado.to wit:
Lots 3 and 4 and the E1/2 of the SW1/4 of Section 7, Township 7 :1
North, Range 66 West of the 6th P.M. ; :1
EXCEPT that portion thereof conveyed to The Department of Highways,
State of Colorado by Special Warranty Deed recorded in Book 1483, .,
Page 93, described as follows: ;I
is BEGINNING at a point on the West line of said Section 7 from which
the Southwest corner of Section 7 bears South a distance of 116.6 II
I feet;
thence N89°32'E, a distance of 1,537.4 feet; I`
thence S88°29'30"E, a distance of 521.2 feet;
r thence N82°21'E, a distance of 903 feet to the East line of the
SW1/4 of said Section 7;
thence along the East line of the SW1/4 of Section 7 S1°47'W, a .,
' distance of 181.5 feet to the South quarter corner of said Section
I. 7;
thence along the South line of Section 7 S88°57'W, a distance of I:
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• 2,948.1 feet to the Southwest corner of Section 7; i
I thence along the West line of said Section 7 North a distance of '1
. tdlt9tit2 ntwintatcpabauk:ollwhi nor
i 116.6 feet, more or less, to the POINT OF BEGINNING. i,
' with all its appurtenances. and warrant(sl the title to the same, subject to covenants, restrictions,
i, conditions, easements and rights-of-way of record, or established on the •
j premises and the 1990 taxes payable in 1991
i
II
II
.j
I Signed this 30th . day of August . 19 90 .
'Ion P. Baiamonte
T1 r� ns-ae_ ,i
Mary KY Baiamonte
i'
STATE OF COLORADO. 1I
Weld }ss.
County of )) •
The foregoing instrument was acknowledged before me this 30th day of August . 19 90
by Vernon P. Baiamo0,gp„„Ondd,Mary K. Baiamonte. .i. My commission expires tl be1k'1;-=1990 . Witness my hand and official seal.
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iii '0 4u,P�. �_ t
'.,+, y 1- ..Q.•..,, 1113 10th Avenue I.
• t• ._j;..'•••.`: •'. t Greeley, Colorado 80631 I;
'ID in Denver.:marl"City una"'i�Y,��.�'•> ,
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No.897.Rev.1185. WARRANTY DEED IShort Form:
Bradford Publit°:nE,043 tttc Si..Dever.C080202-130D292-2500-8-89 ��
3 .1275 REC 02225792 08/31/90 16:39 A15.00 1/003
�R2225X121 F 0354 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
- ---WARRANTY DEED
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I
THIS DEED,Made this 30th day August 1990 State Documentary Fee
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between Brown Grain and Livestock, Inc. Date 8- 31-q0
$ ,74%, et
a corporation duly organised and existing under and by ',issue of the laws of the State !I
of Colorado grantor.a„d Waste Services
Corporation
a corporation duly organized and existing under and by virtue of the laws of the State I'
Iof grantee.whose legal address is 6037 77th Avenue, Greeley, CO 80634
WITNESSETH,That the grantor.for and in consideration of the sum of No hundred forty—eight thousand and
no/100 DOLLARS.
the receipt and sufficiency of which is hereby acknowledged.has granted,bargained,sold and conveyed.and by these prtserls does pant.bargain,sell. 1
convey and confirm.unto the grantee.its successors and assigntome=all the real property together with improvements.if any.situate.lying and being
in the •County of N and State of Colorado.descnbed as follows: II
,l
eld
I'CC See Exhibit "A". 'I
014' j
. I
i'
i
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" I i
I.
ilarrilkR7DllbAC.l kla k .
TOGETHER,with all and singular she hertditamems and appurtenances thereon=belong+rag,or in anywise appertaining,and the=version and
it
reversions,remainder and remainder.tents,issues and profits thereof:and all the estate.right.ode.interest.c laim and demand whatsoever of the grantor. I
either in law or equity.of.in and so the ahme bargained pe:nnses.with she heted,tanents and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appenenances.unto the grantee.its successors end assigns I
forever.And the grantor for itself,its successors and assigns,does cmenant.grant.bargain and agree to and with the grantee.its successors and assigns. II
that at the time of the enscaling and delivery of these presents.it is well se:zed of the premises above conveyed.has good.sort.perfect.absolute and I
indefeasible estate of inheritance,in law.in fee simple.and has good right.full posses and lawful authority to grant.bargain.sell and convey the sane In
ma,,ner and form aforesaid.and that the same art free and clear from all fernier and other grants.bargains.sales.liens.taxes.assessments.incumbrances I',
and restrictions of whatever And or naturemever.except reservations, covenants and conditions of record,I,
easements and rights of way of record or established on the premises and the I.
1990 taxes payable in 1991 which grantee shall pay
i
The grantor shall and will WARRANT AND FOREVER DEfF.ND the abase bargained premises in ice quiet and peaceable possession of:he grantee.
i
its successors and assigns.against ail and every person or persons law fully claiming or so claim the whole or any pan thereof II
IN WITNESS WHEREOF,The grantor has caused tic corporate came to be hereunto subscribed by its president.and its corporate t
seal to bt,f fakgoiti toed.anested by its secretary,the day and yes lint above written.
soy zjsis
A� s I ;,r( '.
'' ^ ii Brown Grain and Livestock, Inc. !I
° iW• ' 'Yen By �.e�.. 'h . ... i l
smm.n Duane N. Brown ^^ieni
14. ,,:,t„paYAlE OF COLORADO. I
•
/^s County of Weld }` !1
'.W day of August .1990 .by II
' 'rata i id4fRfngylt was acknowledged before me this
D,�ts�. ,per s as President and 11N+4 L $Rawl✓ ,1
_�-fir `."74.-70. ,I
y N:•' Seen:by Of Brown Grain and Livestock, Inc. .aaoryorauor.. il
I.
my tpmpinionittie ono-f,,O �ttq)14`l i n i
:N'Iv.m Maandofdkial seal. a/Yr^(r"' if
' t op c cv. Y,„a,pm,: I
I,
' •1f in Denver.insert"City and." 'I
:r
No.767,Rev.6-11.5, WARMVT'DEED ICorporatM to Ceepnrnkn: '2
aodfrd Publiab.ng.1743 Wane St.Denver.CO 80202 -(30.n 2912500—Mt
EXHIBIT "A"
A tract of land located in the E1/2 of Section 7, Township 7 North,
Range 66 West of the 6th P.M. , described as follows:
BEGINNING at a point on the North line of said E1/2 of said Section
7, a distance of 2359 feet West of the Northeast corner of said
Section 7, said POINT OF BEGINNING being 40 feet West of the West
edge of the Pierce Lateral, running
thence from said POINT OF BEGINNING parallel with and 40 feet
Westerly from the West edge of said lateral 627'45,E, 249 feet;
thence S12'53'E, 701 . 5 feet;
thence S11 '24 'E, 133. 9 feet;
thence S16' ll 'E, 80. 5 feet;
thence S33' 36'E, 68 .8 feet;
thence S41'23 'E, 186. 2 feet;
thence 648.43 'E, 332 .3 feet;
thence S29448'E, 86. 3 feet;
thence S17' 10 'F., 276. 8 feet;
thence 618' 20'E, 462 .0 feet; --- -
thence 616' 04 'E, 379. 3 feet;
thence S27'02 ' E, 505. 2 feet;
thence 827'40 'E, 142.7 feet;
thence SO4'04 'W, 108.7 feet;
thence 628' 15 'W, 149 feet;
thence 333' 15'W, 541 feet;
thence S23' 50'W, 118 . 6 foot;
thence 814'04 'W, 142 .8 feet;
thence 505' 58'W, 137 feet;
thence S00'59'W, 139.2 feet;
thence 604' 17 'E, 411 . 7 feet;
thence 526' 36'W, 140. 3 feet;
thence S38' 38'W, 83. 9 feet;
thence S54'56'W, 209. 1 feet;
thence N89'27 'W, 713 .5 feet;
thence 679'21 'W, 361 . 5 feet to a point on the West line of the
E1/2 of said Section 7 a distance of 84 feet North of the Southwest
corner of said E1/2 of said Section 7;
thence NO1' 47' E, 5220 feet more or less, along the West line of
said E1/2 of Section. 7, to the Northwest corner thereof;
thence East 232 feet more or less, along the North line of said
E1/2 of said Section 7, to the PLACE OF BEGINNING,
EXCEPTING THEREFROM a parcel of land conveyed to the Department
of highways, State of Colorado by Deed recorded April 6, 1957 in
Book 1474 at Page 497, described as follows:
A tract or parcel of land in the S1/2 of the SE1/4 of Section 7,
Township 7 North, Range 66 West of the 6th P.M. , being more
particularly described as follows:
BEGINNING at a point from which point the SE corner of Section
7 bears S86' 42' 30"E, a distance of 1 , 416.8 feet;
1 . thence 689' 44 'W, a distance of 261 . 9 feet;
2. thence, along the arc of a curve to the left, having a radius
of 5 ,790.0 feet, a distance of 746. 1 feet, the chord of this arc
bears 686'02' 30"W, a distance of 745. 6 feet;
3 . thence 682'21 ' W, a distance of 234 . 1 feet to a point on the
West line of the SE1/4 of Section 7;
4 . thence alon', the West line of the SE1/4 of Section 7, 61'47 'W,
a distance of 97 . 5 feet;
5. thence N79'21 ' E, a distance of 361 . 5 feet;
6. thence 689' 27'E, a distance of 713 . 5 feet;
7. thence N54.561E, a distance of 209 . 1 feet;
8. thence N38' 381E, a distance of 1 . 5 feet, more or less, to the
cnrw•p O.7 BEGINNING.
B 1275 REC 02225792 08/31/90 16:39 515.00 2/003
F 0355 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
Page 2
Exhibit "A"
B 1275 REC 02225792 08/31/90 16:39 *15.00 3/003
F 0356 MARY ANN FEUEPSTEIN CLERK 6 RECORDER WELD CO, CO
ALSO EXCEPTING THEREFROM a parcel of land conveyed to the Department
of Highways by Deed recorded April 6, 1957 in Book 1474 at Page
499, described as follows:
A tract or parcel of land in the S1/2 of the SE1/4 of Section 7,
Township 7 North, Range 66 West of the 6th P.M. , said tract or
parcel being more particularly described as follows:
BEGINNING at a point from which point the SE corner of Section
7 bears 586'42 ' 30"W, a distance of 1 , 416. 8 feet;
1 . thence N89'44 ' E, a distance of 107 . 5 feet;
2. thence 546' 22 ' W, a distance of 116.5 feet;
3 . thence S57'00 'W, a distance of 74 . 9 feet;
4 . thence S89' 44 'W, a distance of 132.4 feet;
5. thence N54. 56 'E, a distance of 209. 1 feet;
6. thence N38. 38 ' E, a distance of 1 . 5 feet, more or less, to the
POINT OF BEGINNING.
ALSO all of the NW1/4 of Section 7, Township 7 North, Range 66
West of the 6th P.M.
• � '
a
SEP 11978
o � a Recorded at. _____ ...o'clock.ei N. .-'
U (t.���. IS�76S29.5 MARY ANN FEllER5TEIN Recorder. J OYJ Reception No. "'
N
Y
Myrna Faye Thompson, a
single woman
a'
' whose address is Gatlinburg State Fr '
•
Dime .SEP 11978
County of Sevier ,State of 1
5180
Tennessee ,for the consideration of one hundred w
u
' dollars,in hand paid,hereby sell(s) and convey(s) to
I-. Brown Grain and Livestock, Inc., a •
Colorado Corporation
• whose address is Route 1, Box 1OA, Pierce County of •
taWeld ,and State of Colorado o.2the following real property in the In
0 0
o County of Weld ,and State of Colorado,to wit: o
0 0
An undivided one-half (1/2) interest in and to
the West one hundred sixty (W 160) acres of the rs
Northwest Quarter (NWf4) of Section Seven (7), r—
! Township Seven (7) North, Range Sixty-six (66) 1
West of the 6th P.M., in WELD County, State of W
Colorado, h
a
with all its appurtenance:, and warrant(s) the title to the same,subject t3reservations
contained in United States Patent and to reservations
contained in Union Pacific Railroad deep and to 1978
•
taxes payable in 1979. •
e.
Signed this 5th day of June ,1978
Myrna Faye Thompson,
a single woman. -
STATE OF COLORADO, 1
es.
County of Weld 111
The foregoing instrument was acknowledged before me this 5th
day of June ,1978 ,by Myrna Faye Thompson, a single woman.
. .• ",,,,�/,�..,,s
dtomAfblYsacFxmrea April 26, 1980.
A •
. Hanoi y[ta and official seal.
DIAR ---- ? / _ y
.11A/09.;
No.NM wen.re Deed—Shen ree.—u.dru,drmt.m..a Co,letus Stout Street.Deane.Colonel*.—nn
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• 106 an.m+w��wae ' hCSS ' -
J a1+9 1141398
s.erN., M.rAm L.R. 0 & G No. 816-2
y-I 0RI IMA
MINERAL DEED
•
1
u h KNOW ALL MEN BY THESE PRESENTS THAT:
a UNION PACIFIC LAND RESOURCES CORPORATION, a Nebraska corporation,
(hereinafter called "Grantor"), does hereby assign; transfer, grant, and
r-• convey to CHAMPLIN PETROLEUM COMPANY, a Delaware corporation, (hereinafter
r+ called "Grantee"), its successors and assigns, all of Grantor's right,
title, and interest in and to all oil, gas, (gas for all purposes being
•
defined without limitation to include dry gas, casinghead gas, distillate,
o condensate, helium and all other gaseous substances) and associated
o liquid hydrocarbons, together with the exclusive right to investigate,
o explore, prospect, drill and mine for, produce, save, take care of,
treat, refine, process, store, transport, own and dispose of said oil,
• gas, and associated liquid hydrocarbons (all of such substances and
M rights being hereinafter collectively referred to as "Oil -nd Gas •
WI Rights") in and underlying the following described lands in Weld
county, Colorado , to-wit:
• •
Township 7 North, Range 67 West
Section 5: Lots 3, 4, SkNWk, Sk
Section 9: Sk, NWT
. Section 11: S}, NWt
Section 13: S}, Milk
Township 7 North, Range 66 West
Section 5: SW}, StSEt
Section 7: Lots 1, 2, 3, 4, EkWk, SE}
Section 19: Lots 1, 2, 3, 4, E014, SEt
Township 8 North, Range 67 West
Section 25: W}, SW}NEk
• the above-described lends being hereinafter called the "Subject Lsmdsw.
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Ga9s47 CP0•]av
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wok 1741398
TO HAVE AND TO HOLD, all and singular, the Oil and Gas y•a
.Rhts heieinabove granted and conveyed for a period of one year
and so long thereafter as the Subject Lands, or•any portion thereof,
are subject or cokmitted to an oil and gas lease or to a comnuniti- '"
nation, pooling, unitization, operating agreement, or other agreement
covering the exploration or development for or the production of oil,
gas, or associated liquid hydrocarbons, or so long as a well capable
of producing oil or gas is located upon any portion of the Subject
Lands, or drilling or reworking operations are being conducted •
thereon, and, upon the termination of said oil and gas lease or of
said communitization, pooling, unitization, operating, or other agree-
ment, or upon the abandonment of said well, or upon the cessation of •
said drilling or reworking operations, whichever last occurs, the Oil
and Gas Rights herein granted and conveyed shall thereupon revert to
and be owned by Grantor, its successors or assigns.
•
EXCEPTING from the aforesaid transfer and conveyance and
RESERVING unto the Grantor, its successors and assigns forever,
(1) all minerals and all mineral rights of every kind '
and character (except Oil and Gas Rights) now known to
' . . exist or hereafter discovered, including, without limiting
the generality of the foregoing, coal, oil shale, water, •
. .including geothermal steam, metallic and non-metallic • •
minerals, and uranium and other fissionable materials,
together with the sole, exclusive, and perpetual right
• to explore for, remove, and dispose of said minerals by
any means or methods whatsoever, whether known to present •
technology or not, and at any time or times suitable to
the Grantor, its successors and assigns; •
•
• (2) the right to use such portions of the Subject tends
• as are not required for the proper conduct of oil and gas
operations for all purposes not inconsistent, and so as
not to interfere unreasonably, with the exercise of the
Oil and Gas Rights hereinabove granted and conveyed.
'The use by Grantee of the surface of the Subject Lands is and
shall be subject at all times to the exceptions and reservations con-
tained in that certain Deed or Deeds dated April 1, 1971, from Union
Pacific Railroad Company to Grantor, recorded on April 14 , 1971,
in Book 644 ,Rec.# 1565712 , Weld County, Colorado, ' .
Records covering the Subject Lands and other lands and interests
• therein and to out:az:ending surface rights of every kind and character
in favor of third parties.
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%wit .
.so 1741398
. • .11.3
NI--
Crantee, by the acceptance of this Deed, covenants and
agrees that it shall neither make nor cause to be made nor authorize
others to make any entry upon or under any portion of any railroad
right-of-way or station grounds, or to conduct oil or gas operations
within two hundred feet (200') (a) of any railroad tracks or buildings
on such right-of-way or station grounds, or other railroad transpor-
tation property located upon the Subject Lands, or (b) of any
buildings upon the Subject Lands, and Grantee further covenants and
agrees that it shall not conduct or cause or permit to be conducted
oil or gas operations on any of the Subject Lands in which the
Creator owns the minerals and mineral rights only until the consents
of the surface owners have been procured under written instruments
satisfactory to Grantor, its successors or assigns.
IN WITNESS WHEREOF, the Grantor has caused these presents
to be executed on its behalf as of the 31st day of October ,
1977, by its officers thereunto duly authorised.
•
UNION PACIFIC LAND RESOURCES CORPORATION
•
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atirfaCCC���II/E��'.�/ .���.���,��� oftart' G Vice lresideat
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• • 1741398
819 y-
' STATE OF NEBRASKA)
) ss
COUNTY OF DOUGLAS) •
On this ir"•.-fc. day of : _,-cL-G,= , 1977,
before me, a Notary Public in and for said.County in the State
aforesaid, personally appeared H. F. HAWSER , to me
personally known, and to me personally known to be the
Vice President • of UNION PACIFIC LAND RESOURCES CORPO- .
RATION, and to be the same person whose name is subscribed to
• the foregoing instrument, and who, being by me duly sworn,
did say that be is Vice President of Union Paci'ic Land
i . • Resources Corporation; that the seal affixed to said instru-
ment is the corporate seal of said corporation; and that
said instrument was signed and sealed on behalf of said
corporation by authority of its board of directors; and the
said H. P. HANSEN acknowledged said instrument to be
his free and voluntary act and deed, and the free and volun-
Cary act and deed of said corporation, by Lb; +oluntarily
executed, for the uses specified therein.
• IN WITNESS WHEREOF, I have hereunto set my hand
and official seal the day and year last above written.
My commission expires iL � �' C,, /f./16)
•
auawta viellingleawsweensenien Notary Plait/
/
. Residing at z-2.2..---AC,
--AC,
(Seal)
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