HomeMy WebLinkAbout20002401.tiff COMMITMENT FOR TITLE INSURANCE
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SCHEDULE A
1. Effective Date: DECEMBER 17, 1999 Q 7:00 A. M. RE: Our Order No. : CS52434
2. Policy or Policies to be issued:
A. ALTA Owner' s Policy Amount $ TO BE DETERMINED
Proposed Insured:
TO BE AGREED UPON
B. ALTA Loan Policy Amount $
Proposed Insured:
C. ALTA Loan Policy Amount $
Proposed Insured:
3 . The estate or interest in the land described or referred to in this
Commitment and covered herein is a fee simple, and title thereto is
at the effective date hereof vested in:
HELEN M. SCHULTZ UNIFIED CREDIT TRUST
4. The land referred to in this Commitment is described as follows:
LOT B OF AMENDED RECORDED EXEMPTION NO. 1061-07-3-RE1129, ACCORDING TO THE PLAT
RECORDED AUGUST 9, 1993 IN BOOK 1396 AS RECEPTION NO. 2345218, BEING A PORTION
OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH
P.M. , WELD COUNTY, COLORADO.
2000-2401
_ 1 _
EXHIBIT
COMMITMENT FOR TITLE INSURANCE
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SCHEDULE B
Section 1
RE: Our Order No. : CS52434
REQUIREMENTS:
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Payment of all taxes, charges or assessments, levied and assessed against the
subject premises which are due and payable.
Item (c) The following instrument (s) must be properly executed and filed of record in
the Official Land Records of Weld County, Colorado, to wit:
1. Corrected Personal Representative' s Deed from the Personal Representative of the Estate
of Helen M. Schultz, deceased, Weld County District Court Probate No. 96 PR 216,
Division 1 to the Helen M. Schultz Unified Credit Trust.
2. Certified copy of Letters of Appointment of the Personal Representative for the estate
listed above. These letters must be of current date.
3 . Warranty Deed from the HELEN M. SCHULTZ UNIFIED CREDIT TRUST to Grantees to be Agreed
Upon conveying the land described herein.
4. Trust Affidavit (for recordation) and a copy of the Trust Agreement (for review) of the
HELEN M. SCHULTZ UNIFIED CREDIT TRUST, identifying the Trust, the Trustees and their
addresses.
5. Dollar amount of Policy coverage must be provided to the Company.
6. Release Deed of Trust from HARLAN SCHULTZ AND HELEN SCHULTZ to the Public Trustee for
the use of BARBARA Y. TROXELL in the amount of $60, 000.00, dated MAY 15, 1996, and
recorded JULY 30, 1996 in BOOK 1558 as RECEPTION NO. 2503497.
NOTE: Requirement No. 1 above is necessary because the Personal Representative's Deed
recorded February 27, 1997 as Reception No. 2535206 did not convey that portion of Lot B
located in the East 1/2 Southwest 1/4 of Section 7.
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COMMITMENT FOR TITLE INSURANCE
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SCHEDULE B
Section 2
RE: Our Order No. : CS52434
EXCEPTIONS:
Schedule B of the policy or policies to be issued will contain exceptions to the
following matters unless the same are disposed of to the satisfaction of the Company:
(a) 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; (b) Standard and
Special Exceptions :
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, 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 and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6 . Taxes for the year 1999, a lien, but not yet due or payable.
*****NOTE: Please see Requirement Item b, Schedule B, Section 1.
7. Right of way for telephone and telegraph and incidental purposes as granted to The
Mountain States Telephone and Telegraph Co. , by instrument recorded August 9, 1919 in
Book in Book 535 at Page 437, said right of way being the South 5 feet of the West 1/2
of the Southwest 1/4 of Section 7, Township 4 North, Range 68 West.
8 . Right-of-way easement for electric line or system and incidental purposes as granted
to Poudre Valley Rural Electric Association, Inc. , by instrument recorded July 10,
1984 in Book in Book 1036 as Reception No. 1973341, said right-of-way easement not
being specifically defined.
9. Rights of Way for County Roads over the Westerly and Southerly portions of subject
property as shown on plat of Amended Recorded Exemption No. 1061-07-3-RE1129 recorded
August 9, 1993 in Book 1396 as Reception No. 2345218
10. Right of way for road and incidental purposes over the Southerly 30 feet of subject
property as evidenced by Road Viewer's Report recorded January 16, 1883 in Book 48 at
Page 85.
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ES
Jn. .,yw,M N�MWdyt.` `y YN
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And we hereby covenant with the said J. L. Tewell:that we hold said premises, by good and ,Z y n
perfect title, that we have good right and lawful authority to sell the same; that they are free
end clear of all liens and incumbranoes whatsoever. And we covenant to WARRANT AND DEFEND the ;V �' - 'ij
said premises against the lawful claims of all persons whomsoever. °,64'1'S _'
And the said Florence Bates and Myrna Radcliffe hereby relinquisheO their right of dower '
in and to the above described premises. • + J
Signed this 29th day of July, A. D. 1919 •
a k
William L. Bates —
' • M
In presence of _ Florence S. Bates — $ ft
/ ...REVENUE 1I 1
A J Jorgenson r� MIAMI*�eO11fo C. S. Radcliffe 'It
,17.1"44/9 Myrna Radcliffe -- a
THE STATE OF NEBRASKA,) 3 '
(SS. J
Cheyenne County, )
On th12 29th day of July, A. D., 1919, before me A. J. Jorgenson a Notary Public duly
commissioned within and for Said county, personally came William L Bates & Florence Bates,
husband & wife & C. S. Radcliffe & Myrna Radcliffe husband & wife to me personally known to -
be the identical persons whose names are affixed to the above instrument as grantors, and I
severally acknowledged the execution of the same to be their voluntary act and deed for thei
purposes therein expressed. J S' s,'
va"•Jw IN WITNESS WHEREOF` I have hereunto subscribed my name and affixed my
/S.J `��L official seal at Sidney Nebraska, on the date lest above written. ,vr •i
.5¢A IA
dl<) A J Jorgenson Notary Public.
r.,ai,y4' My Commission expires January 23 1923 , ;
No. 304861 COMPARED SY M ru.en a LANG•a9 i
Filed for record at 2:00 o'clock P. M. Aug. 8, 1919 Chas. E. Littell Recorder - 3 I.
By Effie C. Littell Deputy. :, Y i
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GSF�G�G��S)HGMBGMBGMHGMBGMHGMBGMBGi6HG1fBGMBGMHGMBGMHGMBGMHGMBGMHGMBGI®GMHG1dBG1O3G1®GMBOMBGMBGifB s + ,
36`f
ABUTTING RIGHT OF WAY 1 fr
"'tart-I
- Form 131 A : •'
Correct: Approved:, Approved: ;1, .! d
v
-
i R. 0. W Agent. Diva.Genet. Engineer. Div. Gael Mgr• 4••.•i -
$2 00/100 Received of THE MOUNTAIN STATES TELEPHONE ANDTELEGRAPH CO. CJ tt
Two, & No/100 Dollars, .in consideration of which I hereby grant unto said Company, '
its successors and assigns, the right to construct, operate and;maintain its,lines
of Telephone,and-Teleaph; including the necessary poles, wires.and fixturesrover, F.�
r. Telegraph;
`E
. . upon end:along.the.public roads, streets and highways on or adjoining the-property, ;it1 v
owned by me.in This easement shall cover,the south five feet.of,the;West y of 8 ' ilk c
" w—q.of Sao .7.,T-4-N-R-6$-W. County of Weld and State;of,Colo. with the right'to ' (.�f
permit the attachment of therwlres(.and fixtures of any other Companies,_and with
the .further:right to overhang said property with orossarms, wires and other fix:-
turn, and to trim any trees along said lines.8o as to,keep all'wiree clearedcat
least tht .y-six inches. The triosaing is to be done under owners e"oe vleioar
Said.sum being received in.full:payment therefor. ' + ,r is
Witness My hand and seal this 29th day of Jul?, A. D. 1919, at Berthoud Colo .,
:: „ (Poetoffioe Address) rs'
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Witneasse: WeU P11nt - t
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No. 304939 a °°"'"'"D e ,LL "NCYNT .: % 4+5.. •,2;i444.,
c '�r
Filed for record at 3:15 P M Aug 9, 191^ C•:as E LSttell Rie -gr `t_
r, '
- ..By • Effie C. Littel °D t'...'4., r„,
.,'.z ,r
'PYP1�J l___. .— ....n..,....mntrm•nv..mm.mL.MLnr.L,m,nr..n.,.,.N.(,a,.arr, ,ur.f. M: : .
B 103G REC 01973341 07/10/84 09:54 53.00 1/Ov.
,ARj973341 F 0481 MARY ANN FEUERSTEIN CLERIC & RECORDER WOLD CO, CO
PnUDPE vAr.LFY RIIRAf, ELFCTRIC ASSOCIATION, INC,
•
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that PARLAN .t. 9CHULT2
[Print full named (single, joint, partnership, corporation, Incorporarerrass'Nl
is (are) the owner(s) of record and for a good and valuable consideration, the receipt of which is
hereby acknowledged, do(es) hereby bent unto Poudre Valley Rural Electric Association. Inc.. a
Colorado corporation, whose post off: a address is Fort Collins, Colorado, and to its successors and
assigns, a perpetual right-of-way casement upon these particularly described lands of the uder-
signed:
MR-arrr rNct
County Weld , Book . Page . Section 7 , Township 4H , Range Saw
for the purposes of constructing. reconstructing, inspecting, upgrading, increasing voltage or line
capacity, operating, repairing,. maintaining, and extending from time to time an overhead and/or
underground electric line or system, including, but not limited to, poles, towers, fixtures, conduc-
tors, guy wires, cables, conduits, vaults, transformers, pads, and enclosures, on, over or under the
above-described lands;
And for the purposes of cutting, mowing. trimming, or controlling by chemical means, from
time to time, trees, bushes end shrubbery located within to feet of the centerline of said line
or system and to cut down all dead, weak, leaning or dangerous trees or limbs in or adjacent to
the right-of-way as may, in the opinion of the Association, otherwise endanger the lines or other
facilities of the Association.
The undersigned agrees to keep the area within )o feet of the centerline of said under-
ground or overhead electric line ,.r system clear of buildings, structures, piles of earth, rubbish,
debris or other substances or materials, and to permit or otherwise agree to the easement and joint
use occupancy or other lines or systems;
-- And grants the Association the right of access for ingress and egress over the lands above •
-
scribed and the right to use the roads or trails, whether public, private or dedicated, to install,
,naintain and use gates and fences presently installed or as may be installed from time to time;
And further agrees that all facilities installed by or for the Association shall remain the
property of the Association, removable at the option of the A«riation;
And shall not grant any other easement right-of-way, permit or license upon, under or. over
said property without the written consent of the Association. The failure to enforce all or any
portion of this easement by the Association shall not be deemed acquiescence or waiver by the
Association of any of its hereby expressed rights.
The undersigned warrants that (s)he is (they are) the owner(s) in fee of the above-described
lands end will defend the title thereto against all claims, and that said lands are free and clear
of encumbrances and liens of whatsoever character except the following:
IN WITNESS WHEREOF the undersigned has set his hand and seal this day of
_ . 199
7.
. (Owner) Ara c,,,,#-22-4-
(O..acr)
cigned scaled and delivered in the presence of:
(lvitnWF tWitness)
tness)
STATE OF COLORADO
) ss:
COUj4'PY'OF h/e/MPft") elt)
.e..Z9 ogQing mstru, cat etas acknowledged before me this 7 day °I. _/,/3 L/
71 • J
i`air a� .U_&Ai1 74. \ � t t-'
7 N ry Public kTe2t "r
^.y•GdMmission expires �[J US .Z ( ` a C
My- �dFess is ,?/e1 kl ilia
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F1 1096 REC 02345218 08/09/93 10:34 610.00 1/001
1' 1317 MARY ANN PEUERSTEIN CLERK 6 RE( ER WELD CO, CO
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AMENDED RECORDED EXEMPTION NO. 1061 07- 3 - R E 112 9
DATE: JULY 23, 1993
OWNERS: HARLAN J. SCHULTZ & HELEN M. SCHULTZ
0139 WELD COUNTY ROAD A46
BERTHOUD, CO 80513
LEGAL DESCRIPTION
LOT A AND LOT 0, RECORDED EXEMPTION NO. 1061-07-3-RE 1129 AS RECORDED MARCH 29,
1990,'RSCEPTION NO. 2209314, WELD COUNTY RECORDS AND LOCATED IN THE SOUTHWEST
AV QUARTER, SECTION 7, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6th P.M., WELD COUNTY,
Seale : 1 2L0• COLORADO.
Ir—"' {. l OWNERS' CERTIFICATE
e ,eo`Yn aoe 'Iq THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO
✓ Tins evoce 1,45 (*Scribed HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. WE UNDERSTAND THIS PRO-
• i�iA5 Scf , No.NketLer w'/Cb, PERTY IS LOCATED IN THE AGRICULTURAL ZONE DISTRICT AND IS ALSO INTENDED TO PROVIDE
1.3 72'/2 AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSORY USES, AND USES BY SPECIAL
• 2/no .R-sc+ :A4s describce7 REVIEW.
..7/.S/s o'a ,.yS. illd ...�,. 2I,GRi
ec.IFTssunle 'fGle GA'5/ L'^c aF 'FAe'S/u�`� 'HARLA . SCHULTZ HELEN H. SCHULTZ
Soc./7• 7KN, ,F(A$W rt boar
/,/or a'Y.',,15'C as /X-,- to,-,or NOTARIAL CERTIFICATE `�s..�1'y:�i.++A
af5 and as /' ncorfe✓ ;,IR4I-'4;•.trt,i, ._
p' THE FOREGOING� �6 CERTIFICATION ON WAS ACKNOWLEDGED BEFORE HE THISZ+�OAY
OF ' " tr4J . 1993. WITNESS MY IINlD AND SEAL. MY CMHSSION ,VS?Ht'�''*NH�d1:'.
EXPIRES: ..L.1- /G/4�_ •..'y:;I S V SAO.:'y
'A 7 f+ .....,.. .+j
NOTARY PUBLIC /if/-B' #r-€.
6-a&il,u 5.00 1/
SURVEYOR'S CERTIFICATE
I. ROBERT A. SHORT, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY
CERTIFY THAT TI!IS AMENDED RECORDED EXEMPTION PLAT WAS PREPARED UNDER MY PERSONAL
SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER
CERTIFY THAT TIME SURVEY AND THIS PLAT COMPLIES WI TII ALL APPLICABLE RULES, REGULA-
TIONS, AHD LAWS OF TIT STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PRO-
FESSIONAL C MU PROFESSIONAL^ LAND SURVEYORS, AND WELD COUNTY,
Vic
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IIDUE � SIl0 thI RE I (lb IN 5DRVLYUH, 7
COLO Apt' ecetsocc 72 2 i
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COUNTY APPROVAL �
THIS PLAT IS ACCEPTED AND APPROVED FOR FILING.UIRLCTOR, Uk�AN1 !II. Sk CES
NOTARIAL CERTIFICATEMk
THE3,.„..„1,...,.._,
FO LOI NC CE{ITI FICATION WAS ACKNOWLEDGED BEFORE ME THIS Co DAY
,V.5nY J X ,
1 s OF 1937. WI TIlE55 HY NNIO MD SEAL. MY
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ce+� NO/f' AT THE "(GUEST OF OUR CL/£NJ, FIJCM£NJT AND F•WAY AM Of HAVE NOT HERE RF-
:.V TFn FCFO OY US OR SNOWY O TN/T FLAT. THERECORDED EASEMENTS M'O RIGNIS RiRHT WHICH AMY Of SHOWN HEREON MAY
Nor BE COMPLETE, ARC BASCO ON GENERAL INFORMATION. AND HE Jo If USED ONLY IN TN/S CONTENT.
NOTICE, ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANT LEGAL ACT/ON BASED UPON ANY DEFECT IN• _ W �—� . ACT CCRBASEDTONTHIS SURVEY WIT/I/N THREE TEARS AFTER YOU F/RST DISCOVERED SVCN DEFECT IN NO EVENT MAY ANY
. N AMY OCFFCT /N TABS JURVCY LC,GOMMFMCCO MORE THIN T£N TEARS IRON TN£ OATF O!
�A' IA SHOWN /tRCON.
!-"ro. i,:= /I'la/ AE Fi' SHORT INC. /23/ ePI AVE frrELE7; COW.. 0062/
..!'6 _1l1dl.Y,/{/'iIG1OT II 0ll'N G',, OAl I AIDS MO) NO.
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