HomeMy WebLinkAbout20041316.tiff RESOLUTION
RE: APPROVE MINING LEASE FOR SAND,GRAVEL,AND AGGREGATE AND AUTHORIZE
CHAIR TO SIGN - DARWIN DERR AND BROKEN ARROW INVESTMENTS, LLC
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Mining Lease for Sand, Gravel, and
Aggregate between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,and Darwin Derr and Broken Arrow Investments, LLC,with terms
and conditions being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease, a copy of
which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Mining Lease for Sand, Gravel, and Aggregate between the County of
Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,and
Darwin Derr and Broken Arrow Investments, LLC be, and hereby is, approved.
•
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said lease.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of May, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WE C UNTY COLQRADO
Robert D. Masden, Chair
Clerk to the Board
/1i -4
L
1 1861
William H erke, Pro-Tern
AClerk to the Board
M. J. ile
AP OV AS R •
Davi Long
Cou " Attorney
Glenn Vaa
Date of signature: s--19-t751
(CLERK'S NOTE: This lease was amended by Resolution #2004-1428 on 5/17/04,
prior to being recorded; therefore, no copy is attached.)
2004-1316
EG0050
i&-CV
Page 1 of 1
Lee Morrison
approve Mining Lease for"Derr" Property for Sand Gravel and Aggregate and authorize Chair to sign lease and
any other documents necessary for closing once title insurance issues
Lee D. Morrison,Assistant Weld County Attorney
915 10th St.,PO Box 758,Greeley, CO 80632
(970)356-4000 x 4395:FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please reply and
delete your copy of this message."
2004-1316
4/30/2004
TRANSNATION TITLE INSURANCE COMPANY
5801 W. 11th Street #201
Greeley, CO 80634
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Order No. 8073587
May 05, 2004
RE : County of Weld/Darwin D. Derr Vacant Land
In connection with the above matter, we are enclosing herewith the
following:
Title Insurance Commitment
Tax Authorization Letter
We are pleased to have the opportunity to be of service.
If you have any questions or changes, please contact our title
department at 970-356-3235
cc : Weld County Attorney' s Office
Attn: Lee D. Morrison
Broker Arrow Investments, LLC
Attn: Darwin D. Derr
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COMMITMENT FOR TITLE INSURANCE •
Issued by Transnation Title Insurance Company
\ LandAmerica Transnation Title Insurance Company is a member of the LandAmerica family of title insurance underwriters.
Transnation
TRANSNATION TITLE INSURANCE COMPANY, an Arizona 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 and charges therefor; all subject to the provisions of Schedules 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 120 days after the effective date hereof or when the policy or policies committed for shall
be issued,whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be
hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when
countersigned by an Authorized Officer or Agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
Attest: V`/c' ✓�r,*� �e.✓w.,2 N �MCo0.POR.1lfg ea By: ?i_.(1, -1 U .
Secretary are, s r.Id,1991 �2�, U President
itinan
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 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.
PA3
ALTA Commitment(Rev. 1966)
Cover Page
Form 1004-248 ORIGINAL
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8073587
NOTICE OF POTENTIAL MINERAL SEVERANCE
If Schedule B of your commitment for an owner' s title policy reflects
an exception for mineral interests or leases, pursuant to CRS 10-11-123
(HB 01-1088) , this is to advise :
(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.
TRANSNATION TITLE INSURANCE COMPANY
May 05, 2004
Dear TRANSNATION TITLE Customer:
The Financial Services Modernization Act recently enacted by Congress
has brought many changes to the financial services industry, which
includes insurance companies and their agents . One of the changes is
that we are now required to explain to our customers the ways in which
we collect and use customer information.
The statement attached to or on the reverse side of this letter is the
privacy policy of the LandAmerica family of companies . The three
largest members of the family - Commonwealth Land Title Insurance
Company, Lawyers Title Insurance Corporation, and Transnation Title
Insurance Company - may issue policies and handle real estate closings
in virtually every part of the country. A number of other companies in
the family provide other real estate services, and some operate more
locally. You may review a list of LandAmerica companies on our website
(www. landam. com) . You may also visit our website for an explanation of
our privacy practices relating to electronic communication.
Our concern with the protection of your information has been a part of
our business since 1876, when the company that is now Commonwealth Land
Title Insurance Company issued its first policy. We will continue to
protect the privacy, accuracy, and security of customer information
given to us .
No response to this notice is required, but if you have questions,
please write to us :
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567
LandAmerica Companies
Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New
Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation,
Title Insurance Company of America, Transnation Title Insurance Company, and Transnation Title Insurance Company of New
York
Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing,
Inc.
Title Agents: American Title Company of Dallas and Fort Worth, Austin Title Company, ATACO, Inc., Albuquerque Title
Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title
Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial
Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth,
Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title &
Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso,
Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville
Title Agency of Central Ohio, Lorain County Title Company, M/I title Agency, NIA/Lawyers Title Agency, Oregon Title, Park
Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential
Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential
Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company
Appraisals and Ancillary Services: LandAmerica OneStop, Inc.
Page 1 of 2
TRANSNATION TITLE INSURANCE COMPANY
May 05 , 2004
LandAMERICA PRIVACY POLICY
What kinds of information we collect : Most of LandAmerica' s business
is title insurance, but there are companies in our family that provide
other real estate services to consumers . We collect information about
you, (for instance, your name, address, telephone number) , and
information about your transaction, including the identity of the real
property that you are buying or financing. We obtain a copy of any
deed, notes, or mortgages that are involved in the transaction. We may
get this information from you or from the lender, attorney or real
estate broker that you have chosen. Our title insurance companies then
obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing,
escrow, or settlement services, mortgage lending, or mortgage loan
servicing, we may get your social security number, and we may receive
additional information from third parties including appraisals, credit
reports, land surveys, escrow account balances, and sometimes bank
account numbers to facilitate the transaction. If you are concerned
about the information we have collected, please write to us .
How we use this information: The company giving or specifically
adopting this notice does not share your information with marketers
outside its own family. There' s no need to tell us to keep your
information to ourselves because we share your information only to
provide the service requested by you or your lender, or in other ways
permitted by law. The privacy laws permit some sharing without your
approval . We may share internally and with nonaffiliated third parties
in order to carry out and service your transaction, to protect against
fraud or unauthorized transactions, for institutional risk control, and
to provide information to government and law enforcement agencies .
Companies within a family may share certain information among
themselves in order to identify and market their own products that they
think may be useful to you. Credit information about you is shared
only to facilitate your transaction or for some other purpose permitted
by law.
How we protect your information: We restrict access to nonpublic
personal information about you to those employees who need the
information to provide products or services to you. We maintain
physical , electronic, and procedural safeguards that comply with law to
guard your nonpublic personal information. We reinforce the company' s
privacy policy with our employees .
Agents that may be covered by this policy: Often, your transaction
goes through a title insurance agent . Agents that are part of the
LandAmerica family are covered by this policy.
Agents that are not part of the LandAmerica family may specifically, in
writing, adopt our policy statement.
Page 2 of 2
TRANSNATION TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No . : 8073587
1 . Effective Date : April 29, 2004 at 7 : 00 A.M.
2 . Policy or policies to be issued: Amount Premium
A. ALTA Owner' s Policy $ 50 , 000 . 00 $267 . 00
(Leasehold)
Proposed Insured:
LEASEHOLD ESTATE : County of Weld, a body corporate and
politic of the State. of Colorado
B. ALTA Loan Policy $ $
Proposed Insured:
3 . The estate or interest in the land described or referred to in this
commitment and covered herein is a leasehold interest and title
thereto is at the effective date hereof vested in:
Darwin D. Derr
4 . The land referred to in this commitment is described as follows :
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
TRANSNATION TITLE INSURANCE COMPANY
By Sean L. Stevens
Authorized Signature
Issued: May 05 , 2004
/jd
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8073587
SCHEDULE A - Continued
LEGAL DESCRIPTION
A tract of land located in the NE1/4 of Section 4 , Township 5 North,
Range 65 West of the 6th P.M. , County of Weld, State of Colorado, and
being more particularly described as follows :
Commencing at the North Quarter corner and considering the West line of
said NE1/4 to bear South 01 degrees 24 minutes 41 seconds West with all
other bearings contained herein being relative thereto :
thence South 01 degrees 24 minutes 41 seconds West, 1150 . 00 feet along
the West line of the Northeast quarter of said Section 4 to an existing
fence line and the true point of beginning:
thence along said fence line by the following twelve (12) courses :
South 82 degrees 26 minutes 00 seconds East, 509 . 80 feet ;
North 77 degrees 17 minutes 00 seconds East, 589 . 30 feet ;
South 01 degrees 07 minutes 00 seconds West, 82 . 20 feet;
South 28 degrees 44 minutes 00 degrees East, 39 . 30 feet;
South 00 degrees 46 minutes 00 seconds West, 226 . 70 feet ;
South 83 degrees 16 minutes 00 seconds East, 201 . 80 feet ;
North 09 degrees 03 minutes 00 seconds East, 164 . 80 feet;
North 88 degrees 31 minutes 00 seconds East, 218 . 50 feet;
South 21 degrees 46 minutes 00 seconds East, 481 . 30 feet ;
South 00 degrees 30 minutes 00 seconds East, 353 . 50 feet;
South 44 degrees 55 minutes 00 seconds East, 237 . 00 feet;
South 26 degrees 57 minutes 00 seconds East, 415 . 57 feet to a point on
the South line of said Northeast quarter thence North 88 degrees 14
minutes 05 seconds West, 2112 . 20 feet along said South line to the
Southwest corner of the Northeast quarter of said Section 4 ;
thence North 01 degrees 24 minutes 41 seconds East, 1410 . 09 feet to the
True Point of Beginning.
Page 2
TRANSNATION TITLE INSURANCE COMPANY
Commitment No . : 8073587
SCHEDULE A - Continued
REQUIREMENTS
The following are the requirements to be complied with prior to the
issuance of said policy or policies . Any other instrument recorded
subsequent to the date hereof may appear as an exception under Schedule B
of the policy to be issued. Unless otherwise noted, all documents must
be recorded in the office of the clerk and recorder of the county in
which said property is located.
NOTE:
PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT
ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS
COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR
OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE
COUNTY TREASURER' S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED
HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY.
NOTE:
IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES
PRICE EXCEEDS $100 , 000 . 00 , THE SELLER MUST COMPLY WITH THE
DISCLOSURE/WITHHOLDING PROVISIONS OF C .R. S . 39-22-604 . 5 (NONRESIDENT
WITHHOLDING) .
NOTE :
EFFECTIVE SEPTEMBER 1 , 1997 , CRS 30-10-406 REQUIRES THAT ALL
DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK 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 INCH. THE CLERK
AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT
CONFORM.
A. Release by the Public Trustee of :
Deed of Trust from Darwin D. Derr to the Public Trustee of the
County of Weld for the use of Weld County Bank to secure
$150 , 000 . 00 dated July 14 , 2000 recorded July 21 , 2000 as
Reception No . 2782060 .
B . Release by the Public Trustee of :
Deed of Trust from Darwin D. Derr to the Public Trustee of the
County of Weld for the use of New Frontier Bank to secure
$50 , 000 . 00 dated May 30 , 2002 recorded June 12 , 2002 as Reception
No . 2960453 .
Page 3
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8073587
SCHEDULE A - Continued
REQUIREMENTS
C . Release by the Public Trustee of :
Deed of Trust from Darwin D. Derr to the Public Trustee of the
County of Weld for the use of New Frontier Bank to secure
$110 , 000 . 00 dated September 5, 2002 recorded September 10 , 2002 as
Reception No. 2986261 .
NOTE: Assignment of Leases and Rents recorded September 10 ,
2002 as Reception No . 2986262 , given in connection with
the above Deed of Trust .
D. Release by the Public Trustee of :
Deed of Trust from Darwin D. Derr to the Public Trustee of the
County of Weld for the use of New Frontier Bank to secure
$10, 000 . 00 dated June 13 , 2003 recorded June 18 , 2003 as Reception
No . 3074135 .
E . Release by the Public Trustee of :
Deed of Trust from Darwin D. Derr to the Public Trustee of the
County of Weld for the use of New Frontier Bank to secure
$50 , 000 . 00 dated March 8 , 2004 recorded March 31, 2004 as
Reception No. 3166348 .
F . Duly acknowledged Ground Lease from Darwin D. Derr to County of
Weld, a body corporate and politic of the State of Colorado .
Page 4
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8073587
SCHEDULE B
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, shortage 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
theretofore 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 .
Note: The above exception will not appear on policies where
closing and settlement has been performed by the company.
6 . a . 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 .
b. Any and all unredeemed tax sales, if any.
Note :Upon receipt of a Certificate of Taxes Due evidencing that
there are no existing open tax sales, the above exception 6b will
not appear on the policy to be issued hereunder.
NOTE:
PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT:
(A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING
DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION
MAY 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.
Page 5
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8073587
SCHEDULE B - Continued
EXCEPTIONS
7 . Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in U. S . Patent recorded October 23 , 1882 in
Book 34 at Page 142 .
(Affects W1/2NE1/4 of Section 4)
8 . Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in U. S . Patent recorded September 16 , 1875 in
Book 20 at Page 27 .
(Affects E1/2NE1/4 of Section 4)
9 . The Bliss Lateral Ditch, and the right of way therefor, as
described in Quit Claim Deed recorded November 12 , 1907 in Book
250 at Page 254 , in which the specific location thereof is not
defined.
10 . Easements and/or rights of way as granted in instrument recorded
November 12 , 1964 in Book 527 as Reception No. 1449184 , in which
the specific location thereof is not defined.
11 . Right of way for County Road No. 54 lying between Sections 3 and
4 , Township 5 North, Range 65 West as established by Order of the
Board of County Commissioners for Weld County recorded May 14 ,
1963 in Book 1646 at Page 426 , in which the specific location
thereof is not defined.
12 . Oil and gas lease between Davis Farms, Inc . , a Colorado
Corporation and The Colton Company dated May 6 , 1981, recorded May
7 , 1981 in Book 935 as Reception No. 1857111, and any interests
therein or rights thereunder.
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106 , by Sunshine
Valley Petroleum Corporation, recorded October 20 , 1986
in Book 1132 as Reception No. 2073829 .
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106 , by Sunshine
Valley Petroleum Corporation, recorded May 1 , 1987 in
Book 1155 as Reception No. 2098170 .
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106 , by Sunshine
Valley Petroleum Corporation, recorded May 5, 1987 in
Book 1155 as Reception No . 2098563 .
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106 , by Sunshine
Valley Petroleum Corporation, recorded May 7 , 1987 in
Book 1156 as Reception No. 2098986 .
Page 6
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8073587
SCHEDULE B - Continued
EXCEPTIONS
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Mazuma Turnkey
Contractors, Inc . , recorded January 27 , 1988 in Book
1184 as Reception No. 2129171 .
Note : Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Mazuma Turnkey
Contractors, Inc. , recorded February 11 , 1988 in Book
1185 as Reception No. 2130729 .
13 . Grantor (s) interest in all oil , gas, hydrocarbons and other
mineral rights as reserved by F. Stanley Davis and Muriel B.
Davis, majority of the last surviving Board of Directors of Davis
Farms, Inc . , a Colorado Corporation in a deed recorded December
27 , 1994 in Book 1473 as Reception No. 2420316 and any interest
therein or rights thereunder.
14 . Terms, agreements, provisions, conditions , obligations and
easements as contained in Notice of Oil and Gas Interests and
Surface Use recorded August 2 , 2001 as Reception No . 2871046 .
15 . Any facts, rights, interests, or claims which are not shown by the
public records but which could be ascertained by making inquiry of
the lessors in the lease or leases described or referred to in
Schedule A; and the effect of any failure to comply with the
terms, covenants and conditions of the lease or leases described
or referred to in Schedule A.
16 . The effect of any failure to comply with the terms, covenants and
conditions of the Ground Lease described or referred to in
Schedule A.
NOTE :
The following notices pursuant to CRS 9-1 . 5-103 concerning
underground facilities have been filed with the Clerk and
Recorder. These statements are general and do not necessarily
give notice of underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705 .
(b) Colorado Interstate Gas Company, recorded August 31 , 1984 in
Book 1041 as Reception No . 1979784 .
(c) Associated Natural Gas, Inc . , recorded April 10 , 1989 in Book
1229 as Reception No. 2175917 .
Page 7
TRANSNATION TITLE INSURANCE COMPANY
AUTHORIZATION TO WAIVE REQUIREMENT
FOR TAX CERTIFICATE PRIOR TO
POLICY ISSUANCE
The undersigned hereby authorize (s) the company to issue its title
insurance policy or policies as contemplated under commitment number
8073587 without ordering tax certificates pursuant to provisions of
Senate Bill 91-14 (CRS 10-11-122) .
Proposed Insured
Proposed Insured
Return to :
Transnation Title Insurance Company
1113 10th Avenue
Greeley, CO 80631
44
TRANSNATION TITLE INSURANCE COMPANY
NOTICE TO PROSPECTIVE INSURED OWNER:
Re : Mechanic' s Lien and Gap Protection
This is to advise that TRANSNATION TITLE INSURANCE COMPANY makes
available to its prospective insured owners, in conjunction with their
TRANSNATION TITLE INSURANCE policy covering a single family residence,
including a condominium or townhouse unit , protection against
mechanic' s liens . This protection is not automatic nor given in all
cases, but is subject to the Company' s Underwriting requirements, and
does not cover those liens which arise out of work contracted for or
• entered into at the request of the insured owner.
These underwriting requirements include, but may not be limited to, the
following :
1 . Receipt by the Company of agreement (s) indemnifying it for any
loss resulting from its granting of lien protection, executed by
the seller, contractor or others who might have incurred debts
which could result in mechanic' s liens;
2 . Information concerning the solvency and whereabouts of the parties
set forth in Item No. 1, possibly including financial statements;
3 . Evidence of payment of any bills which might have been incurred
for work done on the property, depending upon the length of time
elapsed since the last work was completed and what remains to be
done;
4 . In the event of extensive recent construction, whether on all of
the improvements upon the property or not, additional items
required may include : (a) the Company' s review of the owner' s
and/or builder' s history relative to construction projects
previously completed or presently under construction; (b) review
of the construction loan agreement, if applicable; (c) review of
any performance or materialmen' s bonds concerning this
construction, if applicable; (d) payment of the appropriate charge
for mechanic' s lien protection during construction, if applicable .
This is also to advise that, pursuant to Regulation of the Colorado
Insurance Commissioner, every title entity shall be responsible for all
matters which appear of record prior to the time of recording, and
subsequent to the effective date of the commitment, whenever the title
entity conducts the closing and is responsible for recording or filing
of legal documents resulting from the transaction which was closed.
This does not include those matters created, suffered, assumed or
agreed to by the insured. The prospective insured is advised to
inquire of the closing entity as to whether it is an office of
TRANSNATION TITLE INSURANCE COMPANY, or is an independent agent which
will be the responsible entity relative to the closing only.
MM
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