HomeMy WebLinkAbout20001651.tiff q9:1;
RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD
COUNTY RIGHT-OF-WAY- ANHEUSER-BUSCH, INC., A MISSOURI CORPORATION
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 Road Petition from Anheuser-E3usch,
Inc., a Missouri corporation, One Busch Place, St. Louis, Missouri 63118, a copy of whic- is
attached hereto and included by reference, requesting vacation of a portion of Weld County
road right-of-way, being more fully described as follows,
The public road right-of-way lying 30 feet on either
side of the section line between Sections 15 and
22, Township 8 North, Range 67 West of the 6th
P.M., Weld County, Colorado
WHEREAS, the County Attorney's Office and Public Works Department have
recommended approval of said request since that portion of Weld County road right-of-way is
not needed for the safety and welfare of the traveling public, and
WHEREAS, the adjoining landowners were mailed ten days notice by the Clerk to the
Board of a public hearing set for July 10, 2000, to consider the vacation of that portion of Weld
County road right-of-way which is described above, and
WHEREAS, any persons owning dedicated and recorded easements and rights-of-way
for the use of the right-of-way to be vacated, if any, may continue such use after formal
vacation by Weld County, and
WHEREAS, the Board of County Commissioners heard testimony and reviewed all other
evidence presented therein by staff and the public, and
WHEREAS, the evidence showed that the vacation of that portion of Weld County road
right-of-way which is described above will not leave any land adjoining the roadway without an
established public road or private access easement connecting the land with another
established public road, and
WHEREAS, the Board of County Commissioners deems it advisable to vacate said
portion of Weld County road right-of-way, with said vacation to become effective upon recording
as required below.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Road Petition from Anheuser-Busch, Inc., a Missouri
corporation, be, and hereby is, accepted.
1111111111111111111 III 11111111111111111 III 11111 IIII 1111 2000-1651
2786993 08114/2000 02:08P JA Suki Tsukamoto s Dp 1 EG0028
1 of 3 R 0.00 D 0.00 Weld County CO - itL', Otd.or i u
RE: VACATION OF A PORTION OF WELD COUNTY ROAD RIGHT-OF-WAY -
ANHEUSER-BUSCH, INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board that existing easements will be reserved for
any existing underground utilities, if any, within the vacated roadway. This easement will be a
permanent easement, having a width of ten feet for each such utility line, with the center being
the center of the utility line in question. The easements may overlap, and shall be subject each
to the other based on existing conditions. Any such easement shall terminate in the event the
utility facilities in question are removed or abandoned in place by the owner of the easement.
No additional facilities may be placed within an easement without the granting of an additional
easement by the property owner, but repairs, maintenance and replacement of facilities are not
prohibited thereby. Any easement owner which exercises any rights within the easement shall
except in emergency situations, give the property owner reasonable prior notice of any entry.
The easement owner shall observe the property owner's reasonable requirements for protection
of owner's surface improvements and crops. The surface of an easement shall be restored t0
as good a condition as previously existed after any work by the easement owner, who shall
remain responsible for any claims, cost, damage or expense of third parties arising from such
work, or such easement owner's failure to maintain or repair its facilities so that they remain in
good safe condition and state of repair.
BE IT FURTHER RESOLVED by the Board that the vacation shall reserve for possible
future under ground utilities an easement having a width of twenty feet, centered upon the
current center line of the roadway. Any future use of this easement shall be subject to the
property owners then current use of the surface of the foregoing easement area, except that
the property owner shall not be entitled to erect any buildings thereon. Upon commencement of
such use, this easement will be a permanent easement. The easements may overlap, and
shall be subject each to the other based on existing conditions and priority of rights. Any such
easement shall terminate in the event the utility facilities in question are removed or abandoned
in place by the owner of the easement. Any easement owner which exercises any rights within
the easement shall, except in emergency situations, give the property owner reasonable prior
notice of any entry. The easement owner shall observe the property owner's reasonable
requirements for protection of owner's surface improvements and crops. The surface of an
easement shall be restore to as good a condition as previously existed after any work by the
easement owner, who shall remain responsible for any claims, cost, damage or expense of
third parties arising from such work, or such easement owner's failure to maintain or repair its
facilities so that they remain in good and safe condition and state of repair.
BE IT FURTHER RESOLVED by the Board that the portion of Weld County right-of-way
which is described above be, and hereby is, vacated.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to record this Resolution in the records of the Weld County Clerk and Recorder.
1111111111111111111III 31111 1111 111111 III 11111 1111 1111 2000-1651
2786993 08/14/2000 02:08P JA Suki Tsukamoto EG0023
2 of 3 R 0.00 0 0.00 Weld County CO
RE: VACATION OF A PORTION OF WELD COUNTY ROAD RIGHT-OF-WAY -
ANHEUSER-BUSCH, INC.
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
‘A/ I_D COUNTY, COLORADO
iddi ( / / i ,
ATTEST: I�1��r:' p -
, +�'V ' arbara J. rkmeyer, hair
Weld County Clerk to the/ oa- . ' �° /77' tie-
��
L. I 8 6 1 ' ��0 -- 1���/ Gf�'
. M. J. eile, Pro-Tem
BY: _ .ice/i� Ife� ✓y
Deputy Clerk to the B D " EXCUSED iii
-
,- N e E. Baxter
APPF,PVETAS TO M: - _,\t f
/ (- Dale K. Hall
untey1 . /1i/�f �kl �� - -
Glenn Vaa -_---
1111111111111111111 III1111111IIII IIIIII III IIIII IIII IIII 2000-1651
2786993 06/14/2000 02:08P JA Suki Tsukamoto EG0023
3 of 3 R 0.00 D 0.00 Weld County CO
DHR I
DWYER,HUDDLESON & RAY, P.C.
Attorneys at Law Chris_R. Huddlev.a
Steven B Rae 0■
Thrill E. Ihrrer
lama L hm,eum ,q
July 28, 20
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fl �l P:. J . renA
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i! JUL 3 1 2000 ll
l_.�. •%I uln r I msAn
Mr. Lee Morrison WELD COUNTY °VW,,,d"I'e,l
Assistant Weld County Attorney ORNEY'S OFFICE
P.O. Box 1948
Greeley, CO 80632
Re: Anheuser-Busch Road Easement Vacation
Dear Lee:
Thank you for the proposed Resolution for the Anheuser-Busch vacation of road. I have
reviewed it and would like to propose the following revisions:
1. At the 5th WHEREAS clause on page 1, insert "if any" between the words
"vacated" and "may" so that the 2nd line reads, "for the use of the right-of-way to
be vacated, if any, may continue such use after formal vacation by. . . ."
2. In the first paragraph of page 2, 4th line, make the word "easement" plural so that
the sentence begins, "The easements may overlap, . . . ."
3. In the second paragraph of page 2, second line, delete the word "and" so that the
second line begins "future underground utilities an easement . . . ."
4. In the same second paragraph of page 2, third line, second sentence, insert the
italicized words in the second sentence: "Any future use of this easement shall he
subject to the property owner's then current use of the surface of the foregoing
easement area, except that the property owner shall not be entitled to erect any
buildings thereon."
The last paragraph of page 2 says that an accompanying survey and plat has to be
presented and accepted by the Board of Weld County Commissioners. Are we to do anything F
more to satisfy this requirement?
215 West Oak St., Tenth Floor. Port Coil,ns, Colorado 80.521 • Mailing Address: PO. Drawer J. tart Collins, Colorado 8'052'
Telephone: 970.482.10,56 ■ bitt: 970.482.3840 • http:/iwww.dhr-(anion
Mr. Lee Morrison
July 28, 2000
Page 2
I am sending the proposed Resolution to my client for review along with this letter,
and so I may have further revisions.
Sincerely,
DW/ HUDDLESON & RAY, P.C.
Charles . i uddleson
CRH:ajh
cc: Jane Ferguson Klamer (enc.)
\AB\Morrison3.ltr.doc
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS ) DATE: June 14, 2000
WELD COUNTY, COLORADO )
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners)
Name PROPERTY TR RANGE
Sections 15 and 22, Township 8 North, Range
Anheuser-Busch, Inc., a Missouri corporation
67 West of the 6th P.M., Weld County
Colorado
We, the undersigned citizens and real property owners of Weld County, Colorado, hereby
petition that the road right of way described herein for Weld t;ounly
Road N/A (describe crossroads)_ N/A be declared
abandoned and vacated by Weld County. This right of way is described as:
The entire Section line common to Sections b and 22, T 8 N, R 67 W of the 6th
P.M., Weld County, Colorado in the width of 60', 30' feet each side of the Section
line as created by Order of County Commissioners for Weld County, Colorado. as
recorded October 14.. 1889. in Book 86 at Page 272, Weld County, Colorado.
records.
The properties and owners of said properties adjoining said right of way are as Ibllows
1 . Anheuser-Busch, Inc., a Missouri corporation (Section 15. T 8 N, R 67 W)
2. Anheuser-Busch. Inc., a Missouri corporation (Section 22, T 8 N, R 67 W)
Petitioner herein submits Owner/Name Address records for the above-named owners certified by
the Weld County Assessor's office dated May 19, 2000, and Petitioner hereby certifies that such
records were assembled within thirty (30) days of the petition submission date.
'This information shall be provided in the form of a certified list of the names,addresses and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of property(the surface estate)who owns one acre or more of land adjacent to the roadway.The source of such list snail be
the records of the Weld County Assessor,or an ownership update from a title or abstract company or attorney,derived from such records,or from the records of the
Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor,the applicant shall certify that such list was assembled within
thirty(30)days of the petition submission date.
2000-1651
EG Cx:Llel
Existing utilities, including but not limited to, oil and gas pipelines, sewer, gas, water, or similar
pipelines and appurtenances, ditches or canals and appurtenances, and electric,telephone, and similar
lines and appurtenances within the right-of-way or holding a recorded interest to use or cross this
right-of-way are':
NONE.
As support for this petition, Petitioners state that the right of way has not been constructed
nor maintained by Weld County; that no part is within a City or Town or a County other than the
County of Weld, that no portion of the right of way is shown as part of an approved or recorded
subdivision plat, map, or unincorporated community legally filed prior to any regulations controlling
subdivisions; that the right of way is not used by the public; that vacation of the right of way will
not leave any land adjoining said roadway without an established public road or private-access
easement connecting said land with another established public road.
Petitioners agree that they will permit any persons owning dedicated and recorded easements
and rights-of-way for the use of the right of way to continue such use after formal vacation by Weld
County. Further. Petitioners agree to pay costs of providing notice including publication, and
recording of the resolution.
Special Provisions':
Attached hereto is Petitioner's attorney's letter to the Weld County Attorney and
submitted materials regarding the road vacation. Petitioner has been informed that
the Weld County Public Works Department has no objection to the roadway vacation
subject to reserved easement for utilities. Petitioner agrees to the reservation o
underground utilities along the vacated roadway as follows:
1. Existin,.Utilities, If Any. Petitioner agrees that an easement will he reserved
for any existing underground utilities within the vacated roadway. This easement will
be a permanent easement, having a width of ten feet for each such utility line, with
the center being the center of the utility line in question. The easements may overlap.
and shall be subject each to the other based on existing conditions. Any such
easement shall terminate in the event the utility facilities in question are removed of
abandoned in place by the owner of the easement. No additional facilities may be
placed within an easement without the granting of an additional easement by the
property owner, but repairs. maintenance and replacements of facilities are not
prohibited thereby. Any casement owner which exercises any rights within the
This information may be found by utility locates,title research, review of utility permits issued by the Department
of Public Works and site investigation.
This could include a means of substituting a right-of-way in another location such as: Petitioners agree to dedicate
or otherwise convey, in a form acceptable to the Board,a 60' right of way as shown on the attached map and to provide any necessary
surveys or legal descriptions to describe the right of way so conveyed.
easement shall, except in emergency situations, give the property owner reasonable
prior notice of any entry. The easement owner shall observe the property owner's
reasonable requirements for protection of owner's surface improvements and crops.
The surface of an easement shall be restored to as good a condition as previously
existed after any work by the easement owner, who shall remain responsible for any
claims, cost, damage or expense of third parties arising from such work, or such
easement owner's failure to maintain or repair its facilities so that they remain it
good and safe condition and state of repair.
2. Future Utilities. Petitioner hereby agrees that the vacation of the roadway for
possible future underground facilities will include a reservation of rights for
easements for underground public utility facilities, such easement having a width of
twenty feet, centered upon the current center line of the roadway. Any future use of
this easement shall be subject to the property owner's then current use of the surface
of the foregoing easement area, except that the property owner shall not he entitled
to erect any buildings thereon. Upon commencement of such use, this easement will
be a permanent easement. The easements may overlap, and shall be subject each to
the other based on existing conditions and priority of rights. Any such easement shall
terminate in the event the utility facilities in question are removed or abandoned iii
place by the owner of the easement. Any easement owner which exercises any rights
within the easement shall, except in emergency situations, give the property owner
reasonable prior notice of any entry. The easement owner shall observe the property
owner's reasonable requirements for protection of owner's surface improvements and
crops. The surface of an easement shall he restored to as good a condition as
previously existed after any work by the easement owner, who shall remain
responsible for any claims, cost, damage or expense of third parties arising from such
work, or such easement owner's failure to maintain or repair its facilities so that they
remain in good and safe condition and state of repair.
As witness, our signatures hereunto annexed and followed by our address thisl4th day of
June , 2000.
SIGNATURES ADDRESS
ANHEUSER-BUSCH, INC. One Busch Place
a Missouri corporation St. Louis, MO 63118
By: � C
[ts: fits �►,
��ei�a
SUBSCRIBED AND SWORN to by John C. Martz, Jr. as Authorized Agent of
Anheuser-Busch. Inc., a Missouri corporation, before me this 14th day of June
2000.
WITNESS my hand and official seal.
Notary Mblic
My commission expires: 5-22-2004
ff ry 1
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Year District ANHEUSER-BUSCH INC 23820 ALL 15 8 67 EXC UPRR RES -
ONE BUSCH PL (8R12S)
2000 0915 ST LOUIS MO 63118
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DHR I
•
DWYEIR,HUDDLESON &RAY,P.C.
Attorneys at Low Chas.R.Huddirsun
June 15, 2000 Steven R.Ra,
David t. Dwl-er
James F Ringenberg
Stephen J.found p
Ms. Esther Gesick Joel It Funk
Megan I.
Clerk to the Weld County Board of Commissioners ter m s'
Kent It
915 lath Street Michell, I,.erhnens
Greeley, CO 80631 .Ai.,,.ntmntee,e ve .r.,.,
she admired sr mmhnminc
Re: Road Petition
Dear Ms. Gesick:
Enclosed please find an original and copy of a Road Petition (Petition) submitted on
behalf of Anheuser-Busch, Inc., a Missouri corporation.
We have been working with Lee Morrison, Assistant County Attorney, in advance of
submitting the enclosed Petition. Attached to the Petition is a copy of our initial
correspondence with Mr. Morrison, dated January 25, 2000. Mr. Morrison told us that the
Public Works Department has reviewed the materials we submitted with that letter and
approves of the vacation of the road, but will want an easement for utilities.
We have faxed a copy of this letter and a copy of the Petition to Mr. Morrison. His
copy is marked to show revisions to the Petition as to the County's reserved utility easement
since we last submitted it to him for review.
In your conversation with my assistant, Anita, you said that you would call us if there
is any fee due for the submission of the Petition. We will promptly remit any fee,
Please call if we need to provide anything else to complete the application process
Thank you for your help in this matter. Also, if this will require our attendance at the County
Board meeting when this is considered, please notify me in advance so that I can be sure 10 be
in attendance.
Si/cerely,
kit( 1c ran t
Charles . Hu dleson
CRH:ajh (enc.)
cc: Jane Klamer (enc.) Duane Sellmer
John Martz Lee Morrison (enc.)--faxed 6/15/00
21.5 West Oak St.,Tenth Floor, Fort Collins, Colorado 80521 • Mailing Address: PO. Drawer J, Fon Collins, Colorado 80522
Telephone:970.482.1056 ■ Far: 970.482.3840 • http://www.dhr-lavecom
DHR
DWYER, HUDDLESON & RAY,P,C.
Attorneys at Law Chas.R.Hwldleson
Steven R. Ra v o■
January 25, 2000 David E.D,ner
Jame;E.Ringenberg
Stephen 1.louard❑
Joel.M. Funi
Megan f_Hayes❑
Mr. Lee Morrison Kent P.Sutherland
■Also mlmmed .Vebrnvlu
Assistant Weld County Attorney m
❑Also nJmined Gn VNnmmq
Office of Weld County Attorney
P.O.. Box 1948
Greeley, CO 80632
Re: Anheuser-Busch Road Easement Vacation
Dear Mr. Morrison:
My legal assistant, Anita Hildebrand, contacted you previously regarding the procedure
for our client, Anheuser-Busch Companies (AB), to request the vacation of a road easement
presently located upon some of the land it owns in Weld County. You told her that before
preparing and submitting a formal road vacation petition to the Weld County Commissioners. we
should write to you and submit the supporting materials we need to inform you of what AB
wants to do. You would then. forward our submittal to the Weld County Public Works
Department for its review. Therefore, I submit to you the following:
1. AB owns Sections 15 and 22, Township 8 North, Range 67 West of the 6"' P.M
Weld County, Colorado (Sections 15 and 22), along with other Sections shown on the enclosed
map. The map is a reduced photocopy of a portion of the 1978 Weld County, Colorado,
Topographic Map Series (Sheet 4 of 7) produced by the U S Department of Interior Geological
Survey. The map shows the location of AB's Property in relation to the Larimer County
boundary and the various cities and towns in Weld County, including Greeley. The map has the
following areas or features illustrated or marked in the following colors:
a. The outer boundaries of all of the AB Property are outlined in blue.
b. The location of the above ground utilities is marked in red.
c. The location of public roads is marked in green/yellow.
d. The location of the Section Line common to Sections 15 and 22 is marked
in pink.
2. AB uses the AB Property for agricultural crop operation of its wholly owned
subsidiary, Nutri-Turf, Inc. Nutri-Turf, Inc., receives via an underground pipeline the daily
2/5 West Oak St., Tenth Floor, Fort Collins, Colorado 8052/ • Mailing Address: P.O. Drawer J, Fort Collins, Colorado 8O522
Lee Morrison
January 25, 2000
Page 2
effluent from the Fort Collins AB brewery and applies it on the land through center pivot
sprinklers to irrigate agricultural crops, which consist mainly of alfalfa, corn and wheat.
3. I am enclosing copies of Transnation Title Insurance Company's title policies
evidencing AB's ownership of Sections 15 and 22. Under Schedule B of each title policy at
Exception 6 is an exception for"rights of way for county roads 30 feet wide on each side of the
section and township lines as established by Order of County Commissioners for Weld Count\
recorded October 14, 1889, in Book 86, Page 272" (Section Line Road Easement).
4. I am enclosing reduced copies of the surveys of Sections 15 and 22 that were
done at the time AB acquired the Sections. They illustrate features of the Sections as found by
the surveyor at the time of the surveys. The transmission line which traverses Sections 15 and 22
is for transmission and not distribution purposes.
AB wants to vacate the Section Line Road Easement along the section line common to
Sections 15 and 22 to relieve the land of the burden of this easement and to allow AB to more
efficiently irrigate and farm these sections.
On the map enclosed, I've illustrated the location of public roads and utilities in the
vacation area. Although the common section line of Sections 15 and 22 has a farm road crossing
it (the "road" shown on the map as being north of the common section line doesn't exist today as
shown on the map), it is used by AB exclusively and does not serve as access to other lands
adjoining Sections 15 and 22. All other lands surrounding Sections 15 and 22 and beyond are
accessed by public roads as shown on the map. There are no utilities affected by the road
vacation.
If you or the Public Works Department personnel wish to make a physical inspection of
the area, please arrange that with Mr. Duane Sellmer, who can be reached at 970-221-2135,
extension 11. Call me if you have any questions or concerns or need additional information or
documents. If nothing further is needed at this time, I would like to know that, too.
Sincerely,
DWYER, HUDDLESON & 2AY, P.C.
audl&
CRH:ajh
enc.
cc: Ms. Jane Ferguson Klamer
Mr. Duane Sellmer
WMMorrison.ltr.doc
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_ N 89'25'02_ E
- 0
2629084'�,�N 8925'DY� -2629.84' -
sET]li Mw LsE;] ALUMINUM _ CERTIFICATION.
CAPPED 0 EM MNKED. CAPPED MV MONUMENT MARKED'. CAP] M MN
PED UMEM MARNEO. I TERM,'CERTI,TO ANHEUSER-BUSCH N RATFD AND TO RANSAMERICA
M IINSURANCE COMPANY AS FOLLOWS-TH�RTHISS SURVEY - JULY]1
Qx. r��\ ,7777-:67-776•75)7F.6,,, J L GUST.At 89 UNDER uY SUPERVISION.n TRUE AND CORRECT SURVEY O.
ni / )21 T65 Row �A ii R¢aRDm w Boo es E IT""'"• HE HEREIN DESCREBED,PROPER,
wm �� m 01 7 r AU ALL OF SECTION 15.AND THE NORTHw�1/4 OF SECTION 22 ALT.IN
TOWNSHIP a NORT G RANGE 67 WEST HE 615 .M.,COUNTY N S16 i=�_ (` =�s �� STATE Or COLORADO
WELD.
3. \ limn / 'IO I
THAT
7 THE
BEST OF TAY'
SHOWS THE PROPERTYKNOWLEDGE,
N WLEDGEiHELIEE DNND GTEON,fPERIS
1 \ \ftO�D k E�TwR.AN_ D NO OLD 330 FENCE �1(0 N EON
�NG AEL UCTURES IMPROVEMENTS,
1M SNPROVERttCLENEEOF AND THE NEPUi10N OF O BUILDINGS
THAT OTHER
\✓.\\ EL ON ACCEPTED ASCORNER Sr AR PRETENCE ... _ ROv[u5Nis ONH SAID 595 ARE ENTIRELYWITHIN INDICATED
gEIB NDARIEYTENEREOF
5XCEPT A ND CATED,i THEGREP S NO EVIDENCE O 5.N OF N EASEMENT
E
4 S 0 E MPROVEMENTS ON N PROPERTIES CROSSING OR BORDERING N
1\\\ DE EASEMENTP 0 LE N ION LINES
/ V O R 4W0 OF SAID MPROv yEND EXCEPT OA5uNOTDNTOND ANY G EME. EXCEPT AS ENCROACHMENT OF
PAR
^. _ EM N Su 0 AN SHOWN
to SECTION >.S SCALE.17
AGO
O1 iw �� \.__..c_, ._ _ 1 i3 DR BENCHMARK SURVEYING, LTD.
�' T.63N..„ R.6 7W. 334 1.Q 01 \ NET AREA (LESS R.O. oss A E s�s.�ofr B 4C' �� /
0 a.w.w£ EA+ENrs� 2/0017 ACRES 10
Z g EA(LE EASEMENTS) )• ACRES - 10 lFUi //✓/��- �
$ \ \ Ts. IC \f. n Br'.DAID C_DIfULVIO.PES#16ADr• \ Q U
W MONUMENT
ALUMINUM
ti •
I I A\ v CAPPED UENT..aEED. A V1 NOTES:
ov ,H�, Exv11 -
R \\ m W LTD T OcrEeu DOES NOTo EASEMENTS o E DRS SURVEYING,
� /z` s ' a\� i
I MENT NO 80INFORMATION OF 0092 BENCHMARK SURVEYING.6. TITLE COMPANY
0
/ ,' 330/0 osLm2 .rvG \ m s s / III EDRICHE OR EASEMENT EC E B E GRAPHICAL,DEPICTCAPPED/ E MARKED, MAT ALLINTNIMA 7 •
\\\\ I E AA H 0 M1EROTA UTILIT,COMPANY LOGAT,WHERE POSSIBLE.THIS IS E Fµq BESTNEN<EINFORInAPON
Ox \ THE PRESEN
\ ^ ' 0 „s„, uE CG T e suR+Er ND uqv O Or BE
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T,02
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\\ R.-STA E GENERATION AND TRANSMISSION ASSOCUTiON.INC. B
IP I NI - \ WIDE FASEMEM GOR ELECTRIC TOR M LINES I�
\m sus 315 I \ \\ Jeri IECDRDEC IN BOOK 974 As 0.ECFFTIN NNOISSe6]eTe I �'�N
Y
\ S P S 1MV'A UMIN MONUHENTATION It IEGEtlQ
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P OFFSET FIRE HYDRANT ® TELEPHONE PED.
AND sOL TO RECRUIT C R30, .OFFS.
2x 1pBs 110
f QENSON FENCING FR NORi�NDC4TE5 -L_WATER VuVE c}e
'I I N WEST OF POST.DSiANCE TO 000 -W ...LINE sTR scN
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° PAROLE
ALUMINUM
II. GAPPED Ni HARKED: \ oG (NOT TO suLE) ♦ PINE TREE
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w,)c, T.BN., R.67W. �y FIELD BOOK 0336 .106 HO. 30 7L DATA. 5,�.Br
;,.,•II CROSS AREA = 159.30A.9 ACRES IM NGLE POINT 75 E 5E R C TED
• �L eREA wi r1:,N R.o s£W+E�vrs JMUM A DN ..H
w_ SiSE' - ROAD EASEMENT � A
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55 MONUMENT RKEO. *1 '6I06- AREA 0"Ess 5 BO ACR£s s� lO / /�� "I J
7l,,- N 'I BOUNDARY SURVEY PLAT
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s. sxT I / m /-------t.t'
SECTION 15 AND THE NW 1/4 OF SECTION 22,
d T.BN., R.67W., 6TH P.M.
'�� _+ -- COUNTY OF WELD, STATE OF COLORADO
S 89'28'59 7,v.____
2626.70' •sEs INCH E'5R 5059 DN PRenous
R „ R Hw,RK suRVErI G.LTD. _ BENCHMARK SURVEYING. LTD.
.7Z To E'r L. SECTION 22 A N
ss DRIVE£Asr.SUM PM
BENCHMARK 80500 OOD`CO.80,12/(303)792-2828 I
1
SEG'TIG£1%, 1 S \ \ i
GUY WIRE . \_ P ONLINE MMKEO.
_J _ N 89.12.27.E zg D_D:. -_ _ _ - _ _ ---WWW - 2660.4•3'- --
p Al L
.. -. r.owoo FougD- Ds ACCEPTED BY- �� A 1_ i • s s s,."
JO'ROAD EASEMENT
\ FO NO 5�Eni SANE GE U \'. '� RECORDED N BOOK Be, 53�
CMPEO/A1 UMENT WRrcEO. PAGE 273 /
`MONUMENT MARKEDNUM CAPPED \ \
iy MARKED, \ ,4
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! 9 sxx \ \ \ EN00.OF PE..FRO6
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8
zzl�s xxxz / Rs,eqo, \ � \ /114
„/Ii!I I CERTIFICATION:
urvREW STATES A OF AMERICA fl
I HEREBY CERTIFY TO ANHEUSER—BUSCH INCORPORATED AND TO TRANSAMER
, NI� 7' E EASEMENT ELECTRIC TRANSMISSION NES � CIO THE
INSURANCE COM PANE FOLLOWS:inAT THI SURVEY MADE N WALL AND
W I RECORDED IN BOOK 758 AS RECEPTOR N0, 7822> I1� AUGUST , ER wv SUPERVISOR IS A TRUE AND CORRECT SURVEY'D
IPN HEREIN DESCRIBED PROPERTY.
I TRECORDED
I`a TATS GENERATOR AND iIUNSMISSION ASSOC4TON.INC. THE EABT,K/2 AND THE SOUTHWEST,/4 OF SEg7. TETSHIP a RTH
WIFE EASEMENT OR ELECTRIC TRANSMISSION LINES \ RANGE _Si OF THE 6TH P.M.,COUNTY OF ELD.SigTE COLORPIM.
till RD 0 N BOOK 942 AS ECEPTON O.1861074
Y \ THAT TO THE BEST SIM,CORRECTLY O
F MY PROFETHE SSIONAL KNOWLEDGE,ERTY UNES OF THE ANDLAND p OPINION.THIS
I, M! \ AND ALL IMPROVEME TS,W HE ACREAGE.AND TYE REUTION OFDBUIUDINCS IUTED HEREON
IS EON
_�\1 OTHER STRUCTURES THE PROPERTY LINES OF THE LAND INDICATED HEREON!
i THEREOF THE
KAPROVEMEXCEPT.NTS
INDICATED SAID THAT THEREENTIRELY WITHIN ENDENCE RE BOUNDION IESY II/1 pl \ EASEMEMM OR IMPROVEMENTS EON ADJOINNGE P EXCEPT AS NOTE,µOPERTES CROS IS DSING OR BORDERNO
ANY$ SET w`O AL \\4.,,i...,.
� IMPROVEMENTS O OF N SAID LAND ONTO ANY EASEMENTS,Ex CEPT.E ENCROACHMENT OF
•
_ �..APPED NUMEM MMNE➢. I� \ SHOWN
1* / lO "a,,,",I r FP.BE NCy11ARK SURVEYING, LTD.
ti I //:,::::„,,,,
- n \ oat°"ll? �'?
§ll F 8W1 } BYD4sM P./tbaDt
U} it 9 1.iJ/)P
REfERENCE GLESiO /I I I I \ �
h ' =ELTDN LIsE B / `°"'u
- S 89'28'59" W__�626.70' 59,8'5.E 2844.04 A NOTES:
/ 1.THIS SURVEY DOES NOT CONSTITUTE TGLE SEARCH BY BENCHMARK SURVEYING
I\ LTD.TO DETERMINE OWNERSHIP OR EASEMENTS F RECORD, OR ALL TRIP 1
ORMATON OF RECORD,BNCHMARK SURVEYING.Lm.RELIED ON NILE
40000' ANUMINUM COMMITMENT N 27922 PREPARED BY TRANSAMERICA TITLE INSURANCE COM-
// �"1 m '..��APPFDM0Nu ENI MARKED. DATEDD
SAPPED�IAONUMErvTINMARKEDI I u I: : O OR EASEMENTS WHICH"MAY EFFECT TREFERPROPERTY COmNIMENT FOR
GRAPHµICALLY j
$ OEPI ED
,....-,:;,..4111,,W\ / TwO 6e,w 0
I� 2 JTUTES SHOWN HENDON ARE LOCATTES ED FROM APPALE RENT SURFACE EVIDENCE AND
/4 i°" ORM-
° \ I I V `v FROM UTILITY COMPANY
TIP THE PR EN TINE E OF NIT SURVEY ANDHIS IS HE MOEST OR MAY NO.
I I 8 to sxxl s20 gill r, BE ACCURATE.
s2, sa $ 10 MONUMENTATION h LEGEND
W
��°�� I L' ,.SECTION 2,2 �� II Y —0— w�BGP uIP DLLLSSII64O, . MONOM[M`OH NO0VPP E
.U l-/-- I N --O•- FOUND RE84P(AS OUTDO) 0 FOUND MONUMENT(As NOTED)
'2.1/q,
3O'ROAD EASEMENT b TER VALVE SrU EET SIGN
II RECORDED BOOK B PAGE 373 c ® -T.8N.,, R.67W. I .F W i' +T ssIFPHONE PED
__1_ �..e, STREEr owl,-
:11/ —•—WATERLINE - GAS GROSS AREA OF '1/2 A S.W. 1/4 A 479.2397 ACRES Iic.c. • —G— UNE 1
W wATEgwE2q
Fv1 I AREA WITHIN R.O.W. EASEMENTS = 10.8436 ACRES I IC4. MANN IE 4, O.YALE
N _ • us
,0 NET AREA (W/O R.O.W. EASEMENTS) = 468.3961 ACRES -in ss—Sm.SEWER UNE MOTTO
VII GROSS AREA SHORTAGE FRII1M 500.0000 ACRES = 20.7603 ACRES !!(;•1°
(.M q FIBER ONTO SIGN --ON—OVERHEAD unuTY
0l I 1 O O' DE IDUOUS TREE b' URutt POLE
� 1 1 )� • PINE TREE -E-UNDERGROUND ELEC. •
Z'la —o—CHUN LINK FENCE" -'-
1 II
BARB'wit,FENCE wOVEDNFE REE FENCE
JNE
IT ANGLES PnCF 7T 1 "A1 A
n REMUNS OF SID FOUNDATON---1 III GSEMEM:NE -- p E Dry LN�
D
\ RECUR d�80O BE 2.� ` FOUND BIM BRASS CAPPED ID BOOR �v
\; R ETE P0�_! la I 2147fm NT �: D
_ tl. �_LPOS B -. ) LOWS 5 CE
LE CAP WELL ANHEUSEP ST 63)1E
ND eLM 5 WPM9'28'40" W 2626.96' ---�.. LAVPED duo O..UMT MARKED: �. M,DUR
A a 0 - rS OL7NTY.?D 90 S 89'28'40" W 2626.96' 'i
•
MONUMENT MARKED: SET 3 s wMNu I) 7IS J BOUNDARY SURVEY FIAT
�� SEC'TION ,2 7 I
x' THE E 1/2 AND THE SW 7/4 OF SECTION 22,
/ T.BN., R.67W. 6th P.M.
szesu 1 COUNTY OF WELD. STATE OF COLORADO
i, /I �• 1989 DN PREy,«,s RrE,P BENCHMARK SURVEYING, LTD.
�°° sccnoN"�wILBr BENCHMARK suRvEvINc Lm.
44 e° 40 INVERNESS DRIVE.5T,SUITE 20
BFNCHYA0K Awcl[W000 CO.80172//503)792-2828
1
illamsoi
/!'r '�FCIRM NO.C-5000 . ._44, a .� ...__447.42-.4.7."......--......... -4..A� T� . -4:_440-4. -4. -4. a —4-
NT
Colorado Region Form 342 1
1 ALTA Owners Policy—Form B-1970 I
Amended 10-17-70
4
1 r
1 r
1 r
I r
1 p
I E
PI
POLICY OF TITLE INSURANCE
14
ISSUED BY I
; TRANSAMERICA TITLE INSURANCE COMPANY
I
I
PI
1 r
I SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- I
; TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS ;
I HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the
' Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
'1
i, the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
,
Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
,
1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
1 2.Any defect in or lien or encumbrance on such title;
11
4 3. Lack of a right of access to and from the land; or t
i '
' 4. Unmarketability of such title.
1 r
(1 L
1 IN WITNESS WHEREOF Transamerica Title Insurance Company has caused this policy to be signed ;
h and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. ,
I 1
P
A r
I
.1 I
Transamerica Title Insurance Company
�ti
�.1 I N Su9fi
� se;:iii
ii
fe v `el 4``
By G President
/a 'rE a/
7 4.. 4:4t *t
By Secretary
is ca /F0 RS
SCHEL ..E OF EXCLUSIONS FROM CO .RAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights a spears
in the public records at Date of Policy.
3. Defects,. liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim-
ant had paid value for the estate or iinterest insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in
de-
The following terms when used in this policy mean: writing (i) in case any action or proceeding is begun or fense is interposed as set forth in (a) above, (ii) in case knowl-
(a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of title
subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest,
against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which
of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (nil if
purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as an-
devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the
corporate or fiduciary successors. Company, then as to such insured all liability of the Company
claimant": an insured claiming loss or.dam- shall cease and terminate in regard to the matter or matters
age (b) "insured nsur for which such prompt notice is required; provided. however,
g that failure to notify shall in no case prejudice the rights of any
(c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall be
knowledge or notice which may be imputed to an insured by prejudiced by such failure and then only to the extent of
reason of any public records. such prejudice.
(d) "land": the land described, specifically or by reference (c) The Company shall have the right at its own cos• to
in Schedule A. and improvements affixed thereto which by law institute and without undue delay prosecute any action or
constitute real property; provided, however, the term "land" proceeding or to do any other act which in its opinion may be
does not include any property beyond the lines of the area necessary or desirable to establish the title to the estate or
specifically described or referred to in Schedule A, nor any interest as insured, and the Company may take any apfro-
right, title, interest, estate or easement in abutting streets, priate action under the terms of this policy, whether or not
roads, avenues, alleys, lanes, ways or waterways, but nothing it shall be liable thereunder, and shall not thereby concede
herein shall modify or limit the extent to which a right of liability or waive any provision of this policy.
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any ac*ion
other security instrument. or interposed a defense as required or permitted by the pro-
f visions of this policy, the Company may pursue any such
) "public records": those records which by law impart
constructive notice of matters relating to said land. litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its soie discret on,
to appeal from any adverse judgment or order.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF (e) In all cases where this policy permits or requires the
TITLE Company to prosecute or provide for the defense of any ac-ion
The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to the
Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such
retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the
ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for
chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, such
have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such
such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securng evide-Lce.
interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such acv ion
force in favor of any purchaser from such insured of either or proceeding, ant: the Company shall reimburse such insured
said estate or interest or the indebtedness secured by a pur- for any expense so incurred.
chase money mortgage given to such insured.
4. NOTICE OF LOSS—LIMITATION OF ACTION
3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph (b)
;
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations, a statement in wrii ing
(a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company
delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to th.e Company
tion consisting of actions or proceedings commenced against - within 90 days after such loss or damage shall have been de-
such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured
action to enforce a contract for a sale of the estate or interest claimant until 31) days after such statement shall have been
in said land. to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage
an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this po icy
against by this policy. as to such loss or damage.
Continued on Front of Back Cover
SCHEDULE A
Amount of Insurance: $779 , 399 . 70 Policy No. : 8027921
Date of Policy August 31 , 1989 Order No. : same
7 : 00 A.M.
1 . Name of Insured:
ANHEUSER-BUSCH, INC. , a Missouri Corporation
2 . The estate or interest in the land described herein and which is
covered by this policy is :
IN FEE SIMPLE
3 . The estate or interest referred to herein is at Date of Policy
vested in:
ANHEUSER-BUSCH, INC. , a Missouri Corporation
SCHEDULE A - Continued
The land referred to in this policy is situated in the State of
Colorado, County of Weld, and is described as follows :
All of Section 15 ,
and the NW1/4 of Section 22 ,
all in Township 8 North, Range 67 West of the 6th P. M.
PAGE 2 8027921
SCHEDULE B
This Policy does not insure against loss or damage by reason of the
following:
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
heretofore or hereafter furnished, imposed by law and not shown
by the public records .
5 . 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. The 1988 General taxes paid, according to tax
certificate dated August 25 , 1989 .
6 . Rights of way for county roads 30 feet wide on each side of section
and township lines , as established by Order of the Board of County
Commissioners for Weld County, recorded October 14 , 1889 in Book
86, Page 273 .
7 . Reservation by the Union Pacific Railroad Company of ( 1 ) all coal
and other minerals underlying subject property, (2) the exclusive
right to prospect for, mine and remove coal and other min.eral.s ,
and ( 3) the right of ingress and egress and regress to prospect
for, mine and remove coal and other minerals , all as contained
in deed recorded October 23 , 1906 in Book 233 at Page 56 , and any
interests therein or rights thereunder.
(Affects Section 15)
8 . Reservation of right of way for any ditches or canals constructed
by authority of United States , in U. S . Patent recorded December
27 , 1921 in Book 595 at Page 421 .
(Affects NW1/4 of said Section 22)
PAGE 3 80279 ?1.
9 . Easement for electric transmission line purposes as granted to
The United States of America by Edith C. Turner, W. Lloyd Turner,
Robert W. Turner and Dorothy Turner Dunn in instrument recorded
November 26 , 1975 in Book 754 as Reception No . 1675603 , as amended
by instrument recorded January 29, 1976 in Book 758 as Reception
No. 1680085 , and as amended by instrument recorded April 22 , 1976
in Book 765 as Reception No. 1686752 , affecting the following
described property:
A strip of land being 175 feet in width, extended to and limited
by the property lines , everywhere distant 87 . 5 feet on each side
of the following described centerline :
Beginning at a point on the South line of Section 15 , TBN, R67W,
6th P.M. , said point being 1552 feet, more or less , Westerly from
the Southeast corner of said Section 15 , thence N42 ' 24 'W for a
distance of 5464 feet, more or less , to a point on the West line
of said Section 15 , said point being 1239 feet, more or less ,
Southerly from the Northwest corner of said Section 15 , containing
21 . 95 acres , more or less .
10 . Terms, provisions , conditions , stipulations and obligations of
Surface Owner ' s Agreement pertaining to exploration, development
or mining operations upon said Section 15 , between Robert W. Turner
and Violette F . Turner; W. Lloyd Turner and Mary Turner; and Dorothy
Turner Dunn and George B. Dunn; and Rocky Mountain Energy Company,
dated April 12 , 1979 and recorded February 19 , 1980 in Book 895
as Reception No. 1817308 , and any interests therein or rights
• thereunder .
11 . Easement for electrical transmission line purposes as awarded to
Tri-State Generation and Transmission Association, Inc . under Rule
and Order of the District Court in and for the County of Weld and
State of Colorado in Civil Action No . 80-CV-202 recorded July 20 ,
1981 in Book 942 as Reception No . 1863874 , affecting the following
described property:
That portion of Section 15 , Township 8 North, Range 67 West of
the 6th Principal Meridian, County of Weld, State of Colorado ,
being more particularly described as follows :
- Beginning' at a point on the West line of said Section 15 , said
point being South 00' 47 ' 29" West a distance of 252 . 86 feet from
the apparent Northwest Corner of said Section 15 , thence south
00' 01 ' 25" West a distance of 597 . 29 feet, thence South 42 ' 52 ' 06"
East a distance of 4607 . 57 feet, thence South 42' 37 ' 54" East a
distance of 1241 . 97 feet, thence South 36' 38 ' 58" East a distance
of 116 . 42 feet, to a point on the South line of said Section 15 ,
said point being South 89' 23 ' 29" West a distance of 1204 . 65 feet
from the apparent Southeast corner of said Section 15 , thence South
89' 23 ' 29" West along said South line a distance of 222 . 61 feet,
thence North 36' 38 ' 58 " West a distance of 23 . 96 feet, thence North
42 ' 37 ' 54" West a distance of 1232 . 19 feet, thence North 42 ' 52 ' 06"
West a distance of 4430 . 17 feet, to a point on the West line of
said Section 15 , thence North 00 ' 47 ' 29" East along said West line
a distance of 849 . 58 feet to point of beginning.
The above described parcel contains 24 . 05 acres more or less „ and
the Southwesterly side is contiguous with the Northeasterly side
of the existing bureau of Reclamation 345 kV transmission line .
PAGE 4 8027921
12 . Terms, provisions , conditions, stipulations and obligations of
Surface Owner' s Agreement pertaining to the development and
production of oil , gas and associated liquid hydrocarbons substances
upon the NW1/4 and the S1/2 of said Section 15 , between Robert
W. Turner and Violette F . Turner; W. Lloyd Turner and Mary Turner;
and George R. Dunn and Dorothy Turner Dunn; and Champlin Petroleum
Company, dated May 18 , 1981 and recorded July 31 , 1981 in Book
943 as Reception No . 1865018 .
13 . An undivided two-thirds of all monetary payments of every kind
and nature which may be made by Rocky Mountain Energy Company
pursuant to the terms of Surface Owner ' s Agreement recorded in
Book 895 , Reception No. 1817308 , as reserved by Robert W. Turner,
Violette F . Turner, George R. Dunn and Dorothy Turner Dunn in
Warranty Deed to W. Lloyd Turner and Mary Turner dated February
4, 1982 and recorded June 3 , 1982 in Book 969 as Reception No .
1893537 , and any interests therein or rights thereunder.
(Affects Section 15 )
14 . An undivided two-thirds interest in and to all oil , gas , casinghead
gas and all other hydrocarbon substances , all iron, coal , gravel ,
clay, uranium and all other fissionable substances of every kind
and nature whatsoever, lying on, in or under and that may be
produced from the NW1/4 of said Section 22 , together with the right
to go upon said premises to prospect for, mine and remove the same,
as reserved by Robert W. Turner, Violette F . Turner, George R .
Dunn and Dorothy Turner Dunn in Warranty Deed to W. Lloyd Turner
and Mary Turner dated February 4 , 1982 and recorded June 3 , 1982
in Book 969 as Reception No . 1893537 , and any interests therein
or rights thereunder.
15 . Oil and gas lease between Robert W. Turner and Violette Turner
and Antelope Production Company dated January 3 , 1985 , recorded
• February 15 , 1985 in Book 1058 as Reception No. 01998888 , and any
interests therein or rights thereunder.
(Affects NW1/4 of said Section 22 )
PAGE 5 80279: 1
Endorsement
Issued By
Transamerica Title Insurance Company
Said policy is hereby amended by deleting paragraph * of Schedule B.
The total liability of the Company under said policy and any endorsements thereto shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This endorsement is made a part of said policy and is subject to the schedules,conditions and
stipulations therein,except as modified by the provisions hereof.
This endorsement is not to he construed as insuring the title to said estate or interest as of
any later date than the date of said policy, except as herein expressly provided as to the subject
matter hereof.
* 1 , 2 , 3 , & 4
Transamerica Title Insurance Company
``+ TVOR1 r^ 9
Date : ;August 31 , 1989gr ,
Preside
Policy Number 8027921-0 c- 144y �3, i)O 1
�t
•
f r t car
Endorsement Form C-110.1
Continued from Back of Front Cover
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or me re
the amount of insurance under this policy together with any parcels which are not used as a single site, arid a loss is estab-
costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, tae
of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if
ant and authorized by the Company. the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate par el
6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent
to Date of Policy, unless a liability or value has otherwse
(a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company aid
in no case exceed the least of: the insured at the time of the issuance of this policy aid
(i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement
attached hereto.
(ii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insured 11, SUBROGATION UPON PAYMENT OR SETTLEMENT
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under
costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest. in the Compa iy
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Compa ay
shall be subrogated to and be entitled to all rights and ren e-
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be dies which such insured claimant would have had against ary
a within 30 days thereafter. person or property in respect to such claim had. this policy not
payable been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect
such right of subrogation and shall permit the Company to
No claim shall arise or be maintained under this policy
(a) if the Company, after having received notice of an alleged i the name of such insured claoimant in i stry transaction or
defect, lien or encumbrance insured against hereunder, by dlitigation not on involvingloss
such rights remedies If the payment
litigation or otherwise, removes such defect, lien or encum- shall all cover the to tto such such insured n the Company
g� or be subrogated ch ay a h at in. the pass,
o-
brance or establishes the title, as insured, within a reasonable portion which said payment bears to the amount of said loss.
time after receipt of such notice; (b) in the event of litigation If loss should result from any act of such insured claima at,
until there has been a final determination by a court of com- such act shall not void this policy, but the Company, in that
petent jurisdiction, and disposition of all appeals therefrom, event, shall be required to pay only that part of any losses
adverse to the title. as insured, as provided in paragraph 3 insured against hereunder which shall exceed the amount, if
hereof; or (c) for liability voluntarily assumed by an insured any, lost to the Company by reason of the impairment of the
in settling any claim or suit without prior written consent of right of subrogation.
the Company.
12. LIABILITY LIMITED TO THIS POLICY
B. REDUCTION OF LIABILITY
All payments under this policy, except payments made for This instrument together with all endorsements and otter
costs, attorneys' fees and expenses, shall reduce the amount instruments, if any, attached ntract betweenereto by the insured u andy is the
of the insurance pro tanto. No payment shall be made without entire policy and contract the the
producing this policy for endorsement of such payment unless Company.
the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based m
loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to
the Company. the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and condita ns
and stipulations of this policy.
9. LIABILITY NONCUMULATIVE No amendment of or endorsement to this policy can be
It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hen to
under this policy shall be reduced by any amount the Com- signed by either the President, a Vice Presidenr-, the Secreta y.
pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating office- or author]:ed
shown or referred to in Schedule B hereof which is a lien on signatory of the Company.
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT
the estate or interest described or referred to in Schedule A.
and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any
policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company
ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Compa iy,
be payable hereunder to the insured owner of the estate or P. D. Box 605, Denver, Colorado 80201.
�ati
11 Transamerica Title I' I itt Transamerica Titles 1: I
l? Insurance Company r Insurance Company I?l
I P li r
HOME OFFICE ` (4 COLORADO DIVISION r
6670 Amador Plaza Road i V�� O� 1 Headquarters `I
�/ Dublin,California 94568 , 1 11 1600 Lawradgarter Denver• N
1 (415)829-2771 a
/ • 7 1
/ 1
e 11 Arapahoe-Douglas Counties `'
I1 Arizona n oe ; Title I
2000 West Littleton Boulevard,Littleton
34 West Monroe Street ;
i/ Phoenix.Arizona 65003 1
(6002)262-0511 h 11
I t Insurance 1 Denver-Adams Counties
• , (; 1800 Lawrence Street.Denver i
I Northern California Division r i1 • 1
6670 Amador Plaza Road I
Dublin.California 9/580 Issued by 1 Boulder County 1
1 (415)829-2771 1 1' 1317 Spruce Street,Boulder 1)
• t I • 1
? It I, 1
Southern California Division Transamerica Title I Eagle County
1 Oct Civic Center Drive West 953 So.Frontage Road West,Vail
; �)
1 Santa Ma.547I -577 92701 I nsu ra nce Company t
1 (714)547-5777 , 1
(;
418 South Weber Street.Colorado Springs h
; Colorado Division
000 Lawrence Street 1 I�
1
• 1
); Denver,Colorado 80202
(3031291-x800 I Jefferson County (1
1; • ; 1675 Carr Street,Lakewood `
{ /
1 Eastern Agency Division r 1 • �1
I 90 East Halsey Road a ; Latimer County L
Parsippany.New Jersey 07051 151 West Mountain Avenue.Fort Collins it
- (2011 515-0050 •1 l
1 I •
1
1 / Pueblo County Pi
MWwest Division 11 697 North Main Street P ebin /
33762 Schoolcraft Road I 11
Livonia,Michigan 48150 ` ; • 11
(313)425-2500 I 1 Rouff-Jackson Counties
`11
• 7 1 507 Lincoln Street,Steamboat Springs
1 i1 •
Southwest Division r 1 • �1
12160 Abrams Road s 1 t
' Dallas.Texas 75213 ( ' Weld County
(214)231.3888 t (� 918 Tenth Street,Greeley
4 E 1 EI
1 Northwest Division r 1 AGENTS THROUGHOUT COLORADO r
1 Park Place / t
r c;.rn Avenue 1
/ _._Sea!l(2 Was28-465991n1,""' 1 Ir�
1 (2x6)626-4650 1 Ii
`� - - •
'i 57 Transamerica — _ — - - -- = 1,
Title Insurance Services
C-‘, , --1
��
Or FORM NO. C-5000
4 Colorado Region Form 342 1
0 AmentiaoerrslPoliccy—Form 0-1970 1
1
11 1
1
1 I
1
1
POLICY OF TITLE INSURANCE
1 1
1 ISSUED BY
14
TRANSAMERICA TITLE INSURANCE COMPANY
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
(I TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation. herein called the
I.
11 Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
I, the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: ;
I
II 1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
,
2.Any defect in or lien or encumbrance on such title;
h 1
1•
i
3. Lack of a right of access to and from the land;or r
1 1
4.. Unmarketability of such title.
.
1 IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed ;
1 and sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
1
I r
P
I
1 /
/ I
P/ i
`� -� -- ----_ -- - „..r.=- = -- -- „z. - - -- -- . we.
we -- -�J
Transamerica Title Insurance Company
(----4. .
°., Li)/_ �`-' President
By
By � + U i
i��� -- �^ Secretary
SCHED E OF EXCLUSIONS FROM CO' <AGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinance!) re-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to b:' the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured c aim-
ant had paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly L 1
The following terms when used in this policy mean: writing (i) in case any action or proceeding is begun or ch -
fense is interposed as set forth in (a) above, (ii) in case know -
(a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of tine
subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interes.,
against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for white
of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy. or (iii) f
purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as ur-
devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the
corporate or fiduciary successors. Company, then as to such insured all liability of the Compan✓
(b) "insured claimant": an insured claiming loss or.dam- shall cease and terminate in regard to the matter or matters
age hereunder. for which such prompt notice is required; provided. howeve',
that failure to notify shall in no case prejudice the rights of any
(c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall he
knowledge or notice which may be imputed to an insured by prejudiced by such failure and then only to the extent c f
reason of any public records. such prejudice.
(d) "land": the land described, specifically or by reference (c) The Company shall have the right at Its 04,[I cost 'o
in Schedule A, and improvements affixed thereto which by law institute and without undue delay prosecute any action i r
constitute real property; provided, however, the term "land" proceeding or to do any other act which in its opinion may to
does not include any property beyond the lines of the area necessary or desirable to establish the title to the estate r r
specifically described or referred to in Schedule A, nor any interest as insured. and the Company may take any apps -
right, title, interest, estate or easement in abutting streets, priate action under the terms of this policy, whether or nit
roads. avenues, alleys, lanes, ways or waterways, but nothing it shall be liable thereunder, and shall not thereby concece
herein shall modify or limit the extent to which a right of liability or waive any provision of this policy.
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action
other security instrument. or interposed a defense as required or permitted by the pr•'-
(f) "public records": those records which by law impart visions of this policy. the Company may pursue any set(h
constructive notice of matters relating to said land. litigation to final determination by a court of competent jun.-
diction and expressly reserves the right, in its sole cl scretjon,
to appeal from any adverse judgment or order
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF (e) In all cases where this policy permits or requires rte
TITLE Company to prosecute or provide for the defense of any action
The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to ite
Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in suc h
retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit ti e
ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured ter
chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company. such
have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any suc h
such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing widen:r
interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action
force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insurrd
said estate or interest or the indebtedness secured by a pur- for any expense so incurred.
chase money mortgage given to such insured
4. NOTICE OF LOSS— LIMITATION OF ACTION
3. DEFENSE AND PROSECUTION OF ACTIONS— NOTICE OF In addition to the notices required uncle.- paragraph 3cJ
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations. a statement in write g
(a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company
delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Compary
tion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall hate been d --
such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insur'd
action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have bet n
in said land. to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damafe
an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this polo y
against by this policy. as to such loss or damage.
Continued on Front of Back Cover
SCHEDULE A
Amount of Insurance : $479, 239 . 70 Policy No. : 8027922
Date of Policy October 9 , 1989 Order No. : Same
7 : 00 A. M.
1 . Name of Insured:
ANHEUSER-BUSCH, INC. ,
a Missouri Corporation
2 . The estate or interest in the land described herein and which is
covered by this policy is :
IN FEE SIMPLE
3 . The estate or interest referred to herein is at Date of :Policy
vested in:
ANHEUSER-BUSCH, INC . ,
a Missouri Corporation
SCHEDULE A - Continued
The land referred to in this policy is situated in the State of
Colorado, County of Weld, and is described as follows :
The E1/2 and the SW1/4 of Section 22 , Township 8 North, Range
67 West of the 6th P .M.
•
PAGE 2 80279: 2
SCHEDULE B
This Policy does not insure against loss or damage by reason of the
following:
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 inspect _on
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 . 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 . The 1988 General taxes paid, according to tax
certificate dated June 20 , 1989 .
6 . Rights of way for county roads 30 feet wide on each side of Section
and Township lines , as established by Order of the Board of Couity
Commissioners for Weld County, recorded October 14 , 1889 in Boot
86 at Page 273 .
7 . Reservation of right of way for any ditches or canals
constructed by the authority of the United States in the
following U. S . Patents of record:
Date of Record Book Page Property Affected
March 21 , 1946 1174 491 SE1/4 Section 22
March 21 , 1946 1174 492 SW1/4 Section 22
March 21 , 1946 1174 493 NE1/4 Section 22
•
PAGE 3 8027922
8 . Easement for electric transmission line purposes as granted to
The United States of America by Ida I . Turner in instrument recorded
November 18 , 1975 in Book 753 as Reception No . 1674973 , as amended
by instrument recorded January 6 , 1976 in Book 756 as Reception
No . 1678227 , affecting the following described property
A strip of land being 175 feet in width, extended to and. limited
by the property lines , everywhere distant 87 . 5 feet on each side
of the following described centerline :
Beginning at a point on the East line of Section 22 , Township 8
North, Range 67 West, 6th P.M. , said point being 2092 feet , more
or less , Southerly from the Northeast corner of said Section 22 ,
thence N36' 13 ' W, for a distance of 2559 . 3 feet, more or less , thence
N42 ' 24 'W, for a distance of 46 . 7 feet, more or less, to a point
on the North line of said Section 22 , said point being 1552 fee :,
more or less , Westerly from the Northeast corner of said Sectioi
22 , containing 10 . 47 acres , more or less .
9 . Easement for electrical transmission line purposes as awarded tD
Tri-State Generation and Transmission Association, Inc . , under
Rule and Order of the District Court in and for the County of Weld
and State of Colorado in Civil Action No. 80-CV-207 recorded JuLy
20 , 1981 in Book 942 as Reception No. 1863874 , affecting the
following described property:
That portion of Section 22 , Township 8 North, Range 67 West , of
the 6th Principal Meridian, County of Weld, State of Colorado,
being more particularly described as a strip of land 180 feet 11
width lying 90 feet on each side of the following described
centerline :
Beginning at a point on the North line of said Section 22 , said
point being South 89 ' 23 ' 29" West a distance of 1315 . 96 feet fron
the apparent Northeast corner of said Section 22 , thence South
36 ' 38 ' 58" East a distance of 2106 . 14 feet to the terminus point
located on the East line of said Section 22 , said point being South
01 ' 58 ' 23 " West a distance of 1704 . 75 feet from the apparent
Northeast corner of said Section 22 .
The above described parcel contains 8 . 70 acres more or less and
the Southwesterly side is contiguous with the Northeasterly side
of the existing Bureau of Reclamation 345 KV Transmission line .
PAGE 4 8027922
•
Endorsement
Issued By
Transamerica Title Insurance Company
Said policy is hereby amended by deleting paragraph 1_4of Schedule B.
The total liability of the Company under said policy and any endorsements thereto shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This endorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein,except as modified by the provisions hereof.
This endorsement is net to he construed as insuring the title to said estate or interest as of
any later date than the date of said policy, except as herein expressly provided as to the subject
matter hereof.
Transamerica Title Insurance Company
019 dirst
`4-• C0R?0 R l ` 9
Date October 9 , 1989 e, 1� !O CORN"
4+11
Presider
Policy Number 8027922—O ice; '144y1? `���
ft„\ 4(I c a ti\� s'
Endorsement Form C.110.1
Continued from Back of Front Cover
S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid she:II
be deemed a payment under this policy to said insured owne r.
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of parcels the and described ecr in
Schedule nle consite, ists
oft twooss or
mosta r-
oosts,amount of insurance under this policy together with any P g
costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, file
of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if
ant and authorized by the Company. the amount of insurance under this policy was divided ph
rata as to the value on Date of Policy of each separate parcel
6. DETERMINATION AND PAYMENT OF LOSS to the whole. exclusive of any improvements made subseque et
to Date of Policy. unless a liability or valve has otherwise
(a) The liability of the Company under this policy shall been
nsed agreed
upaton
aes to
to e of the is
suance parcel
e a cl by of this
the
Company
and nv
aed
in no case exceed the least of: the insured
(i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorseme it
attached hereto.
(ii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all Company
costs., attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company
(c) When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all nghts and reme-
dies which such insured claimant would have had against any
with the conditions of this policy, the loss or damage shall be person or property in respect to such claim had this policy nat
payable within 30 days thereafter. been issued. and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect
No claim shall arise or be maintained under this policy such right of of sfbrogatins and shall permit a the Company to
(a) if the Company. after having received notice of an alleged i the o name such insured claimant in any transaction art
p y. litigation involving such rights or remedies. [f the payment
defect, lien or encumbrance insured against hereunder, by does not cover the loss of such insured claimant. the Company
litigation or otherwise, removes such defect, lien or encum- shall be subrogated to such rights and remedies in the pro-
brance or establishes the title, as insured, within a reasonable portion which said payment bears to the amount of said lots.
time after receipt of such notice; (b) in the event of litigation If loss should result from any act of such nsured claimant,
until there has been a final determination by a court of com- such act shall not void this policy, but the Company, in that
petent jurisdiction, and disposition of all appeals therefrom, event, shall be required to pay only that part of any losses
adverse to the title. as insured, as provided in paragraph 3 insured against hereunder which shall exceed the amount if
hereof; or (c) for liability voluntarily assumed by an insured any. lost to the Company by reason of the impairment of tie
in settling any claim or suit without prior written consent of right of subrogation.
the Company.
12. LIABILITY LIMITED TO THIS POLICY
B. REDUCTION OF LIABILITY
All payments under this policy, except. payments made for This instrument together with all endorsements and otter
instruments, if any, attached hereto by the Company is tie
costs, attorneys' fees and expenses, shall reduce the amount entire policy and contract between the insured and toe
of the insurance pro tanto. No payment shall be made without Company.
producing this policy for endorsement of such payment unless Any claim of loss or damage, whether or not based )n
the policy r lost or shall b destroyed,furnished which the che atisf tif nsucfh negligence, and which arises out of the status of the title to
loss or destruction be to satisfaction of the estate or interest covered hereby or any action assert.ig
the Company. such claim, shall be restricted to the provisions and -'ondirit ns
and stipulations of this policy.
9. LIABILITY NONCUMULATIVE No amendment of or endorsement to this poll:y can be
It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached her to
under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secreta y.
pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or author.ed
shown or referred to in Schedule B hereof which is a lien on signatory of the Company.
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this All notices required to be given the Company and -ny
policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Comp;.ny
ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Compa sy.
be payable hereunder to the insured owner of the estate or P. D. Box 605, Denver, Colorado 80201.
ill
/ -- - -- - - -- ------- — I
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1' HOME OFFICE ,■Trig'—`, , / COLORADO DIVISION 1
667014
Amador Plaza Road ; Policy O� ' Headquarters '0
1 Dublin,California 04568
4 1800 Lawrence Street.Denver
(415)6x9-zm
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rjTitle , Arapahoe-Douglas Counties
Arizona Division
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2030 Weal Littleton Boulevard.Littleton
34 West Monroe Street / 1
Phoen A
1 ix.Arizona 85003 •
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I Denver-Adams Counties
1 . 1 1800 Lawrence Street,Denver
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6670 Amador Plaza Road L
Dublin ,California 94568 t Issued by - -Boulder County
1 (415)829-2771 L 1 1317 Spruce Sheet.Boulder p
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I Eagle County
Southern California Division
1 801 Civic Center Drive West L / 953 So.Frontage Road West,Vail Ia
1 Santa Ana,California 92701 /; I
14 (714)547-5777 i Insurance Company ,
,4 • 1 El Paso County I
1 418 South Weber Street,Colorado Springs
Colorado Division I k
1800 Lawrence Street
• 1(
Denver,Colorado 80202 s
(�I (303)291-4800 I
1 Jefferson County rl
. L 1 1675 Carr Street.Lakewood `
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1 Eastern Agency Division 1
1 90 East Halsey Road s Latimer County I
1 Parsippany.New Jersey 07054 151 Wesl Mountain Avenue,Fort Collins 1
1 (201)515-0050 4 1 • I
1 • / / Pueblo County r4
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4 627 North Main Street.Pueblo
1 Midwest Division r 1
33782 Schoolcrah Road 1 I
Livonia.Michigan 48150 s
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r v (313)42•5-2500 4
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L 1 Rood-Jackson Counties
507/ I Lincoln Sheet,Steamboat Springs
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Southwest Agency Division '
II 12160 Abrams Road
Dallas.Texas 75243 I Weld County 11
1 (214)234-3866 B18 Tenth Street.Greeley
1
4 i AGENTS THROUGHOUT COLORADO 1'r
Northwest Division I i
4 1 1�,
1 Park Place
11 AVr e a Lin:ye.gN Sneer 1 I
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4 Seattle.Washington 9810' I 1 1/(
11 (206)628.4650
Transamerica 1'
Q - - - T - •4,1 Title Insurance Services
NOTICE
Pursuant to Section 43-2-303, C.R.S., and Weld County Ordinances and Resolutions, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County.
Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado,
during its regular Board meeting.
The complete case file may be examined in the office of the Clerk to the Board of
County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado. E-Mail messages sent to an individual Commissioner may not be included in the
case file. To ensure inclusion of your E-Mail correspondence into the case file, please
send a copy to charding@co.weld.co.us.
DATE: July 10, 2000
TIME: 9:00 a.m.
APPLICANT:
Anheuser-Busch, Inc., a Missouri corporation
One Busch Place
St. Louis, MO 63118
REQUEST: Petition to Vacate a portion of Weld County Road right-of-way subject to dedicated
and recorded easements and rights-of-way
LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section
line between Sections 15 and 22, Township 8 North, Range 67 West of the 6th P.M., Weld
County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 26, 2000
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Road Vacation Hearing was placed in the United States mail, first class mail, postage prepaid,
addressed to the following property owners.
DATED this 26th day of June, 2000.
ANHEUSER-BUSCH INC A MISSOURI
CORPORATION
ONE BUSCH PLACE
ST LOUIS MO 63118
DWYER HUDDLESON AND RAY PC
ATTN CHARLES HUDDLESON
PO DRAWER J
FORT COLLINS CO 80522
Deputy Clerk to the Board
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