HomeMy WebLinkAbout850148.tiff RESOLUTION
RE: APPROVE CORRECTION TO QUIT CLAIM DEED TO PHILIP DAILY
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, this Board previously approved a Petition to Vacate
a portion of Ruth Place and a portion of Edward Street in the Town
of Wattenberg, and
WHEREAS, a Quit Claim Deed was issued October 10 , 1980 , by
Weld County to Philip Daily for portions of Ruth Place, and
WHEREAS, TransAmerica Title Insurance Company has taken
exception to the form of the Deed, and Philip Daily has requested
the issuance of a correction deed in order to meet the
deficiencies claimed by TransAmerica Title Insurance Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that a correction deed be
executed and delivered to Philip Daily correcting the Deed
recorded October 13 , 1980 , in Book 917 , Reception No. 1838728 , in
the records of the Clerk and Recorder in and for the County of
Weld, State of Colorado.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
March, A. D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
\
Weld County Clerk and Recorder �c� o� Ch
airman and Clerk to the Boa cqu ine (� nson, Chairman
r
DPut �y� EXCUSED
D puty County Cl k Gene R. Brantner, Pro-Tem
APPROVED AS TO FORM:
7-� C.
a<4 County Attorney r
G
Frank Yamagu i
& GCOo Se 850148
/2
Recorded at 'clock M.,
Reception No. Recorder.
THIS DEED,Made this 18th day of March ,19 85,
between WELD COUNTY, COLORADO, A Body Corporate and Politic,
xxirmaaxbcx duly organized and existing under and by virtue of the laws of
the State of Colorado,of the first part,and PHILIP DAILY
vhosr legal address is 209 North Kuner Road, Post Office Box 426, Brighton,
• t:9 U of the County of Adams
State of Colorado,of the second part,
N.
r 0 WITNESSETH,That the said party of the first part,for and in considera-
tion of the sum of
Other Good and Valuable Consideration and Ten and 00/100 DOLLARS,
44 W to the said party of the first part in hand paid by the said part y of the second part,the receipt whereof is hereby
▪ 3 confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED,and by these presents doth
4; W remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, his heirs and
VI A assigns forever, all the right,title,interest,claim and demand which the said party of the first part hath in and to the
CC
following described situate, lying and being in the County
W of Weld and State of Colorado,to wit:
Cf CC
All of Ruth Place from the extension of the North property line of Lot 3,
In
Block 7 to the extension of the South property line of Lot 7, Block 7,
W located in the unincorporated town of Wattenberg, located in the Northeast
(-)
Quarter of Section 25, Township 1 North, Range 67 West of the 6th P.M. ,
County of Weld, State of Colorado,
® z
.r•
• W
• y NO DOCUMENTARY FEE REQUIRED. . .
W CORRECTION DEED to correct that deed recorded October 13, 1980, in Book 917,
N Lai
Reception No, 1838728, Weld County Records.
N W
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ctrz
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)—
C.) CC
oft a •
ro
'0o
W W
also known as street and number
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the said
party of the first part,either in law or equity,to the only proper use, benefit and behoof of said part y of the second
part, his heirs and assigns forever.
IN WITNESS WHEREOF,The said party of the first part hath caused its corporate name to be hereunto subscribed
kWtttx xRILL:H xeI and its corporate seal to be hereunto affixed,attested by its
Secretary,the day and year first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Secretary.
Chaff'plan a- •.
STATE OF COLORADO
ss.
_County of Weld
The foregoing instrument was acknowledged before me this 18th day of March
• 19 85,by Jacqueline Johnson as Chairman, Homidac tend
Board of County Commissioners, aat:
Weld County, Colorado, A Body Corporate andtic
ATTEST: .e Imraoxptg
My notarial commission expires V!0!.-� icleWitness my hand and official seal.
C :-,tv �:ICr!<
No.108-B.QUIT CLAIM nEF,n.P.orVrtmtion Form—BradfordPublishing,sX2?W.hlh Ave..Lakewood.CO80214-(303)233-6900-6-81
PURPORTED CORY
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Transamerica Title Insurance Company
AMOUNT PREMIUM
$ TAD
Gaunt, Dirrim, Coover & Phelps OWNER $ TBD $
25 South 4th Avenue MORTGAGE $
Brighton, Colorado 80601 ADDITIONAL CHARGES
COST OF TAX CERTIFICATE $ 5.00
J SURVEY COSTS $
TOTALS $
Your Reference CC's To: TA Brighton
No. 8018148 C
Other County No. 8007755
Sheet 1 of 4
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula-
tions attached.
Customer Contact: Linda Mix/wlc • By Wanda L. Calhoun
AUTHORIZED SIGNATURE
Phone: 659-8270
The effective date of this commitment is February 26 , 19 85 at 7 :00A. M.
At which time fee title was vested in:
PHILIP M. DAILY, as to the fee title, and in JIM R. HERNANDEZ ,
as contract purchaser under Contract to Buy and Sell Real Estate
recorded February 25, 1983 in Book 989 as Reception No. 1918521
and re-recorded March 18, 1983 in Book 991 as Reception No. 1920731.
SCHEDULE A (See Requirements)
1. Policies to be issued:
(A) Owners':
JIM R. HERNANDEZ
(B) Mortgagee's:
mm/ -)
Form No.C-142.1 Rev.7.1-81
8018148
Sheet 2 of 4
SCHEDULE A—Continued
2. Covering the Land in the State of Colorado, County of WELD
Described as:
Lots 3 and 4
Block 7
and all of RUTH PLACE between the North and South extended
property lines of said lots 3 and 4 , in the •
TOWN OF WATTENBERG.
•
8018148
Sheet 3 of 4 •
SCHEDULE A—Continued
REQUIREMENTS
8. The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued.Unless otherwise noted,all documents must be recorded in the office of clerk
and recorder of the county in which said property is located.
A. Correction Deed
from WELD COUNTY, COLORADO,
a Body Corporate and Politic
to PHILIP DAILY
NOTE: This requirement is necessary because the Corporate name
was omitted from the acknowledgment in the deed from Weld County,
Colorado, a Body Corporate and Politic, to PHILLIP DAILEY , recorded
October 13, 1980 in Book 917 as Reception No. 1838728 .
(Affects that portion of the subject property described as
Ruth Place)
B. Release by the Public Trustee, off •
Deed of Trust from ' Ky. HERNANDEZ aka JIM HERNANDEZ and
TIN1r HERNANDEZ
to the Public Trustee of the County of Weld
for the use of MILES HOMES DIVISION OF INSILICO CORPORATION
to secure $29 ,927.82
dated December 2 , 1982
recorded April 4 , 1983 in Book 992
as Reception No. 01922341
NOTE: Assignment of the beneficial interest in the trust deed above
to MILES FINANCE COMPANY, INC. ,
a Delaware Corporation
recorded May 23, 1983 in Book 997
as Reception No. 01927808
C. Certificate of Satisfaction issued by the Clerk of the Court, of
Judgment in favor of CREDITORS SERVICE AGENCY against JIM HERNANDEZ ,
in the amount of $67.37 plus interest and court costs , entered on
January 11, 1982 in Civil Action No. 81 C 1831, County Court,
Weld County, transcript of which was recorded June 4 , 1982 in Book
969 as Reception No. 01893600 .
OR
Evidence satisfactory to Transamerica Title Insurance Company that
the debtor shown above is not the same person as JIM R. HERNANDEZ ,
Proposed Purchaser, hereunder.
D. Deed from PHILIP M. DAILY
to JIM R. HERNANDEZ
u_ 4
8018148
Sheet 4 of 4
SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
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, im-
posed 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.
6. All coal, oil, gas and other minerals within and underlying said
lands, as reserved by Christian Wattenberg in the Warranty Deed
to F. Haarmann, dated December 26 , 1916 and recorded January 29 ,
1917 in Book 463 at Page 389 , and any interest therein or rights
thereunder. •
•
I I,\
•
Transamerica Title Insurance Company
Arapaho•Douglas Lorimer
2000 West Littleton Boulevard 151 West Mountain Avenue
Littleton,Colorado 80120 Fort Collins.Colorado 80521
(303)795-4000 (303)493-6464
•
•
Denver-Adams Mesa
1800 Lanni Street 531 Rood Avenue
Denver Colorado 80202 Grand Junction.Colorado 81501
(303)201-4800 (303)234-8234
e s
Boulder Perkin
1317 Son oa.Street 801 East Hopkins Street
Boulder.Colorado Aspen.Colorado 1 11
(303)443.7180302
e •
PuWlo
ES. 827 Nam Main Street
0020 Eagle Road Pueblo.Colorado 81003
Eagle-3a�3 049-redo 5813 1� (303)543-0451
El Paso Routt-Jackson
418 South Weber Street 507 Lincoln Street.Box 773588
Colorado Springs.Colorado 80903 Steamboat Springs.
Colorado 80477
(303)834-3731 9
11
•
Js$erson Wald
G 1675 Carr Street 918 Tenth Street
Lakewood,Colorado 80215 re(3e03)o52228o 31
(303)291-2800
Transamerica
Title Services
CONDITIONS AND STIPULATIONS
Please read carefully
1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The policy is available and should be
examined before this Commitment is used if there is any question about coverage.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us.
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
'.�� [)A Recorded at_ o'cicc I.,
,f) •77.L Reception No�.i838728 �+-�'�� Recorder.
— — III
Weld-Count-Y,-Color _
i
i
i
i I THIS DEED, Made this 10th day of October ,is 8Q
between Weld County, Colorado, a body corporate and politic
of the County of Weld and state of
o Colorado,of the first part,and Phillip Dailey
I
o whose legal address is . 209 North Kuner Road
Brighton, Colorado
I of the County of Adams and state of
o I' Colorado,of the second part,
W ITNESSETH,That the said party of the first part,for and in consideration of the sum of
DOLLARS,
o
,-•I to the said party of the first part in hand paid by the said party of the second part,the receipt whereof
O I is hereby confessed and acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, and by these
o Ipresents do es remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, his heirs,
i successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part
• 3 I; has in and to the following described lot or parcel of land situate,lying and being in the County
II of Weld and State of Colorado,to wit: ,
.1 I I
All of Ruth Place from the extension of the North property line
-' of Lot 3, Block 7 to the extension of the South property line of
Lot 7, Block 7, located in the unincorporated town of Wattenberg
located in the Northeast Quarter of Section 25, Township 1 North,
I Range 67 West of the 6th P.M. , County of Weld, State of Colorado.
II
I
il
I ,I
I, II
.I
I I
I also known as street and number
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the I I
said party of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of
the second part, his heirs and assigns forever.
IN WITNESS WHEREOF,The said party of the first part ha s hereunto set its hand
and seal the day and year first above written. BOARD OF COUNTY COMMISSIONERS [SEAL]
WELD COUNTY, COLORADO
Signed,Sealed and Delivered in the Presence of [SEAL]
•
By: l� /l t t [SEAL]
f /. i
C. W. KKKlllrrr"'b �,�Cha
i [SEAL]
STATE OF COLORADO, } ss.
I
I•
. III County of I
The•foregolnt:nstrument was acknowledged before me this %Li day of C (' �, :�-:—., I
19 -).! buo r,,,.(()': ..e.tj,. PC: - -`1— III
. ' t :—:—a' ej I
Myc 3i n krt-kxpires i/3. 3 ,' ,19d -. Witness my hand and official seal.
I' II
_ L— '. ---,Notary Public. I`!
I
N0.933.(WIT CLAIM DEED.—Bradford Publishing Co. 1.46 St.ut S,reet,Denver.Colorado(573.50111-9/77 _,
oeci
RESOLUTION
RE: APPROVAL TO VACATE A PORTION OF EDWARD STREET IN THE TOWN
OF WATTENBURG.
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, a petition to vacate a portion of Ruth Place and
a portion of Edward Street in the Town of Wattenburg has been
received by the Board of County Commissioners of Weld County,
Colorado, and
WHEREAS, Ruth Place was vacated by Resolution dated July
18 , 1979, and
WHEREAS, Gilman E. Olson, Utility-Subdivision Administrator,
has informed the Board of County Commissioners that there would
be no problem with vacating Edward Street adjacent to Blocks 7
and 8 , and
WHEREAS, the Board of County Commissioners deems it advisable
to vacate that portion of Edward Street adjacent to Blocks 7 and
8 and further to reaffirm the vacation of Ruth Place.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that approval is hereby
given to vacate Edward Street adjacent to Blocks 7 and 8 in the
Town of Wattenburg.
BE IT FURTHER RESOLVED that the Board hereby reaffirms the
vacation of Ruth Place in the Town of Wattenburg.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
August, A.D. , 1980.
f BOARD OF COUNTY COMMISSIONERS
� "' WELD COUNTY, COLORADO
J y' xi •7; dal(man
Weld unty Clerk and Recorder 'Kirby, Ch rman
(IndC. W.Cl rk to the Bo
�� IBJi* <q�cQ °(� ��t�. (Aye)
By : coedZTern
eputyCounty `Clerk +^- (Aye)
AP VE�2 AS_ TO FORM: Norman Carlson
I ) /� '. '/I (A e)
County Attorney y
A e)
/./ �� ,,' 61' ' J. e K. S =inmark
TE PRESENTED: SEPTEMBER 3, 1980
(�1t�1 Recorded of o'clock .. _ � 0CT 1 V 1980
•7 I Rec.Na 1838'725
0111
State of Colorado, Weld County Clerk & Recorder
UTILITY EASEMENT
o I, Phillip Dailey of Weld County, Colorado, in consideration
of the vacation by the Board of County Commissioners of Weld County,
Colorado of certain streets in the unincorporated Town of Watten-
n burg, Colorado, hereby grant, bargain and convey to the County of
Weld, State of Colorado, a permanent easement and right-of-way and
a temporary construction easement hereinafter more particularly,
described and designated over and across lands owned by me situate
in the County of Weld, State of Colorado, said lands being more
particularly described as follows :
That part of the Denver Laramie and North-
western Railway right of way abandoned, in
the Northeast Quarter of Section 25, Town-
ship 1 North, Range 67 West of the 6th P.M.
described as: Beginning at the Northeast
corner of Block 9, Wattenburg, Weld County,
Colorado; thence South 89°28 ' East along a
line parallel to and 30. 0 feet South of the
North line of said Section 25, a distance
of 115. 0 feet to the true point of begin-
ning; thence South 01°14 ' East and parallel
to the Denver Laramie and Northwestern Rail-
way right of way, a distance of 755. 0 feet;
thence North 89°28 ' East, 65. 0 feet; thence
North 01°14 ' West, 420 . 0 feet; thence South
89°28 ' West, 25. 0 feet; thence North 01°14 '
West, 335.0 feet to a point 30 . 0 feet South
of the North line said Section 25; thence
South 89°28 ' West, 40 . 0 feet to the true
point of beginning. Contains 0. 90 Acres
more or less .
The easement and right-of-way hereby conveyed is for the
sole purpose of locating, establishing, constructing and main-
taining over and across the above described land utility lines
or pipes, the route and course of which is described as follows :
A ten foot wide permanent utility easement
across the West 10 feet of that part of
the Denver Laramie and Northwestern Rail-
way right-of-way abandoned, in the North-
east Quarter of Section 25, Township 1
North, Range 67 West of the 6th P.M.
described as : Beginning at the North-
east corner of Block 9, Wattenburg, Weld
County, Colorado; thence South 89°28'
East along a line parallel to and 30. 0
feet South of the North line of said Sec-
tion 25, a distance of 115. 0 feet to the
true point of beginning; thence South
,c1* 917 - , 1838725
01°14 ' East and parallel to the Denver Lara-
mie and Northwestern Railway right of way, a
distance of 755. 0 feet; thence North 89°28 '
East, 65. 0 feet; thence North 01°14 ' West,
420. 0 feet; thence South 89°28 ' West, 25.0
feet; thence North 01°14 ' West, 335. 0 feet
to a point 30. 0 feet South of the North line
said Section 25; thence South 89°28 ' West,
40 .0 feet to the true point of beginning.
Contains 0 . 90 Acres more or less.
and also a temporary construction easement to be used and occupied
temporarily during the initial construction of said utility lines
or pipes more particularly described as a 35 foot wide temporary
construction easement located on the West 35 feet of the above
described real property.
I release the County of Weld, State of Colorado from any and
all claims for damages arising in any way or incident to the con-
struction and maintenance of said utility lines or pipes across
the described land.
IN WITNESS WHEREOF, I have hereunto set my hand this C2{-'
day of October, 1980.
Dec ( .�c
Phillip Dailey
County of Weld
ss.
State of Colorado )
The foregoing instrument was acknowledge fore me t
'
7 day of `. ,r z, , 1980 by J � c ' rarity
Notary Public/
My Commission Expires :
/c,2 - c o ' tY/
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