HomeMy WebLinkAbout20040898.tiff " ...... ............. .....,w" ..,., Nayc
c. Costs and Expenses.
• ,ie event of any arbitration or litigation relating to this contract,the arbitrator or court shall award to the prevailing party all reasonable costs and
,glenses,including attorney fees.
21. MEDIATION.
If a dispute arises relating to this contract,prior to or after Closing,and is not resolved,the parties shall first proceed in good faith to submit the matter
to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially.
Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an
acceptable mediator and will share equally In the cost of such mediation. The mediation,unless otherwise agreed,shall terminate in the event the
entire dispute is not resolved 30 calendar days from the dale written notice requesting mediation is sent by one party to the other(s).This Section shall
not alter any date in this contract,unless otherwise agreed.
22. EARNEST MONEY DISPUTE.
Notwithstanding any termination of this contract,Buyer and Seller agree that,In the event of any controversy regarding the Earnest Money and things
of value held by broker or Closing Company(unless mutual written Instructions are received by the holder of the Earnest Money and things of value),
broker or Closing Company shall not be required to take any action but may await any proceeding,or at brokers or Closing Company's option and
sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs
and reasonable attorney fees.
23. TERMINATION.
In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all
obligations hereunder,subject to§§t0c,21 and 22.
24. ADDITIONAL PROVISIONS.
(The language of these additional provisions has not been approved by the Colorado Real Estate Commission.)
1. Seller shall retain all oil&gas rights and all non-tributary ground water rights to the property and
assures buyer that the seller will not use these rights to oppose development of the properly.Seller shall
release surface rights to gravel and coal.
2. Seller shall place 250'no build restriction along the East boundary of Parcel#2(ditch) that shall extend
from WCR 84 South to the center line of the ditch at a point 450'North of the half section line,
3. The$7,500 earnest money shall be non refundable should the contract fail to close for any reason
following the inspection resolution date,Nov.30, 200.2 •
4. Seller shall remove any junk and old farm equipment that is presently visible on the property.
5. Buyer may participate in a Section 1031 tax deferred exchange with no cost or time delay to Seller.
••*ADDITIONAL PROVISIONS CONTINUED-SEE ATTACHED CONTINUATION PAGE(S) •••
25. ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION; SURVIVAL.
This contract constitutes the entire contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether
oral or written,have been merged and integrated into this contract.No subsequent modification of any of the terms of this contract shall be valid,
binding upon the parties,or enforceable unless made in writing and signed by the parties. Any obligation in this contract which,by its terms,Is
intended to be performed after termination or Closing shall survive the same.
26. FACSIMILE. Signatures LX ,I May I I May Not be evidenced by facsimile.
Documents with original signatures shall be provided to the other party at Closing,or earlier upon request of any party.
27. NOTICE.
Except for the notice requesting mediation described in§21,any notice to Buyer shall be effective when received by Buyer or by Selling Company
and any notice to Seller shall be effective when received by Seller or Listing Company.
28. NOTICE OF ACCEPTANCE;COUNTERPARTS.
This proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by their signatures below,and the offering party receives
notice of acceptance pursuant to§27 on or before Acceptance Deadline Date and Acceptance Deadline Time(§2c). If accepted,this document
shall become a contract between Seller and Buyer. A copy of this document may be executed by each party,separately,and when each party has
executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties.
Date of signature
Buyer: Charles L Meserlian,et al
Date of signature
Buyer:
Buyers Address: Zoo N.CelLeueAvs. F LcpllIns—C_Q..._8_0524_
Buyers Telephone No:_._—_—_..___.—.___.— __—_—_— Buyer's Fax No:
[NOTE:If this offer is being countered or rejected,do not sign this document Refer to§29]
The printed portions or this form,except the(itallclzed/DIFFERENTIA TED)insertions,have been approved by the Colorado Real Estate Commissbn(CBS 3-9.99)
Brokers Network Rec/Ranch Realty, Inc. Buyers initials: p
j 'r " Sellers initials:_ _ 0377 0231715240060
9:33:49 002 $$$-pRO^' V7.0 O1903-]W1 Gamine.1-8[0.795.7759
2004-0898
CHICAGO TITLE OF COLORADO,, INC.
1875 LAWRENCE STREET, SUITE 1300
DENVER, CO 80202
Phone: (303) 291-9999 Fax: (303) 291-9998
JANi:AFY 13, 2002
CHARLES MESERL IAN
2324 PLAINS LOUR':
FT. CCLLIN . co 80321
Our File No: 1219355
Amount of Coverage: $500, 000 . 00
Dear Property Owner:
Chicago Title Insurance Company would like to thank you for letting us
be of service in providing the enclosed title insurance policy.
,..� This valuable document insures good and marketable title to your property.
Please take a few minutes to read your policy. We will be happy to answer
any questions you may have regarding this policy, Just call our central
title files office at the number and address above.
Should you decide to sell the property described in Schedule A of your policy
or if you are required to furnish a new title commitment for mortgage purposes
you may be entitled to a credit toward future title insurance expenses. Chicago
Title of Colorado, Inc. will retain a copy of the enclosed title policy, and, in
the event that you do need further services, we will be in a position to again
serve you promptly and efficiently.
We sincerely appreciate your business!
Thank you,
Chicago Title of Colorado, Inc.
•
CI-IICAC TITLE INSURANCE 'OMPANY
OWNERS POLICY
SCHEDULE A
,r.
,S NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE
1;.:9255 75 1'-28 206 1219355 October 19, 2001 $500, 000. 00
1. Name of Insured:
CHARLES MESERLIAN
2. The estate or interest in the land described herein and which is covered by this
policy is: FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
CHARLES MESERLIAN
4. The land herein described is encumbered by the mortgage or trust deed, and
assignments;
DEED OF TRUST FFOM CHARLES MESERLIAN, TO THE PUBLIC TRUSTEE OF LARIMER COUNTY,
FOR THE BENEFIT OF BENJAMIN FRANK LENON, JR. , CO-TRUSTEE AND JOHN CARTER LENON,
CO-TRUSTEE OF THE FRANK LENON TRUST DATED JANUARY 14, 1996, SECURING AN
ORIGINAL PRINCIPAL INDEBTEDNESS OF $361, 389.74 AND ANY OTHER AMOUNTS AND/OR
r+. OBLIGATIONS SECURE!) THEREBY, DATED OCTOBER 8, 2001, AND RECORDED OCTOBER 19,
2001 AT RECEPTION NO. 2301094'_59 .
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5. The land referred to in this policy is described as follows:
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 28 IN TOWNSHIP 8 NORTH OF
RANGE' 59 WEST : F THE 6TH P.M. , LAR1MER COUNTY, COLORADO, EXCEPTING THEREFROM
THAT PORTION AS EXCEPTED AND RESERVED IN DEED RECORDED NOVEMBER 29, 1875 IN
BOOK 6 AT PAGE 333 AND FURTHER EXCEPTING THEREFROM THAT PORTION CONVEYED BY
O FD RECORDED N VE;+RER 7, 1930 IN BOOK 593 AT PAGE 315,
CCUP .Ty Of. LARIMER,
STATE OF c3LoRADo.
Issued at: Denver, Cc:1nra'O CHICAGO TITLE INSURANCE CO.
This policy valid only if Schedule B is attached.
•
OWNERS POLICY
SCHEDULE B
Policy Number 1E2F_ 2 O6 Office File Number 1Zi.93:5
Owners
This policy does not insure against loss by reason of the following:
: . 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.
2 . Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any
facts which a ccrrect survey and inspection of the premises would disclose and which
are not shown by the pubic records.
4 . Any lien, cr right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public record_~.
5. Taxes cz special assessments which are not shown as existing liens by the public
records.
6. The mortgage or trust deed, if any, referral to in Item 4 of Schedule A.
7. Water rights, claims or title to water, whether or not shown by tha public
ecords.
3. TAXES AND AS ESSMENTS FOR THE YEAR 2001 ANC SUBSEQUENT YEARS, A LIEN, NOT YET
DUE OR PAYABLE.
9 - THE RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT OR REMOVE HIS ORE,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES THEREBY
GRANTED AND RIGHTS OF WAY FOR DITCHES AND CANALS AS RESERVED IN UNITED STATES
PATENT RECORDED JUTE 15, 1878 IN BOOK T AT PAGE 25, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
1*. AN EASEMENT FOR WATER LINES AND INCIDENTAL, PURPOSES GRANTED TO WEST FORT
COLLINS WATER DISTRICT BY THE INSTRUMENT RECORDED MARCH 19, 1965 IN BOCK 12.4
AT PAGE 345, UPON THE, TERMS AND CONDITIONS SE's FORTH IN THE INSTRUMENT.
1. AN EASEMENT FOR RIGHT-OF-WAY AND INCIDENTAL PURPOSES GRANTED TO LITTLE CACHE
LA POUDRE DITCH BY THE INSTRUMENT RECORDED MARCH 19, 1965 IN BOOK 1284 AT PAGE
345, UPON THE TERMS AND CONDITIONS SET FORTH IN THE INSTRUMENT.
.2 . RIGHTS OF OTHERS OVER, ACROSS AND THROUGH ANY PORTION OF THE PROPERTY WITHIN
TEE RICHT CF WAY FOR U.S. HIGHWAY 287.
13 . AN EASEMENT FOR ELECTRIC TRANSMISSION LINES AND INCIDENTAL PURPOSES GRANTED TC
PLATTE FIVER POWER AUTHORITY BY THE INSTRUMENT RECORDED JANUARY ].4, 1983 IN
BOOK 22O2 AT PAGE 1032, UPON THE TERMS AND CONDITIONS SET FORTH IN THE
INSTRUMENT.
Issued at: Denver, Colorado Cx`j A ITLE INSURANCE Co.
on: 01/ 17/02
by
uthorized Signatory
Schedule B of this Policy consists of pages.
FORM 3566 R-•9-7G
Parcel 3 :
That portion of the N 1/2 of Section 10, Township 7 North, Range
67 West of the 6th P.M. , County of Weld, State of Colorado, more
particularly described as follows:
•••-.'onsidering the East line of the NE 1/4 of Section 10, Township 7
North, Range 67 West of the 6th P.M. , as monumented by a 3/4"
diameter rebar with a 2 1/2" diameter aluminum cap, P.L.S. 10740
at the NE corner of said Section 10 and at the E 1/4 corner of
said Section 10, to bear an assumed bearing of S 00 10' 31" W with
all bearings contained herein relative thereto.
Beginning at the E 1/4 corner of said Section 10; thence along
the East-West centerline of said Section 10 S 89 51' 52" W 4605. 19
feet; thence N 00 14' 12" W 1615.86 feet to the approximate
centerline of the Larimer County Canal; thence along said
centerline the following 19 courses:
S 28 34' 20" E 268 .20 feet;
thence S 25 40' 18" E 284 .65 feet;
thence S 30 29'27" E 167.95 feet;
thence S 45 21' 31" E 98.34 feet;
thence S 52 02' 47" E 124 .51 feet;
thence S 43 41' 20" E 765.46 feet :
thence S 56 55' 26" E 68 .03 feet :
thence S 67 43' 15" E 102 .76 feet:
thence S 81 25' 01" E 112.08 feet:
thence N 87 08' 54" E 366.77 feet:
thence N 83 11' 58" E 211.97 feet:
thence N 75 20' 55" E 340.27 feet :
,-.thence N 66 19' 18" E 472 .66 feet:
hence N 47 23' 14" E 81.91 feet:
thence N 26 50' 47" E 64 .73 feet :
thence N 01 19' 09" E 77.28 feet: •
thence N 17 50' 37" W 98 .85 feet:
thence N 34 04' 18" W 99 .06 feet:
thence N 43 59' 35" W 123.71 feet to the NW corner of Recorded
Exemption No. 0705-10-1-RE3175, said point being the TRUE POINT
OF BEGINNING; thence continuing along said centerline the
following 11 courses:
N 43 59' 35" W 666.87 feet;
thence N 16 02' 33" W 152 .38 feet;
thence N 28 10' 30" E 220.56 feet;
thence N 50 01' 21" E 199 . 16 feet;
thence N 79 27' 20" E 259 .53 feet;
thence N 64 56' 12" E 75.73 feet;
thence N 51 04' 32" E 66 .83 feet;
thence N 08 15' 19" E 112 .69 feet;
thence N 13 22'29" W 56 .11 feet;
thence N 22 48' 31" W 198 . 05 feet;
thence N 16 58' 07" W 284 .23 feet to the North line of the NE 1/4
of said Section 10; thence along said North line N 89 57' 36" E
2099 .29 feet to the NE corner of said Section; thence along the
East line of said NE 1/4 S 00 10' 31" W 1442. 13 feet to the NE
corner of Subdivision Exemption No. 908; thence along the North
�'.ne of said Subdivision Exemption S 85 34'21" W 354 .89 feet to
_ne NW corner of said Subdivision Exemption, said point being
also the NE corner of said Recorded Exemption No.
0705-10-1-RE3175; thence along the North line of said Recorded
Exemption the following 2 courses: S 85 34' 21" W 64 .14 feet;
thence S 82 30' 20" W 1656 .84 feet more or less to the TRUE POINT
OF BEGINNING.
County of Weld, State of Colorado
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