HomeMy WebLinkAbout860955.tiff RESOLUTION
RE: APPROVE ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE OF VACANT
LAND FROM E. E. FOSTER AND SONS , INC. , AND AUTHORIZE CHAIRMAN
TO SIGN
WHEREAS , the Board of County Commissioners of Weld County,
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Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
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o affairs of Weld County, Colorado, and
A WHEREAS, the Board did, by Resolution dated September 22 ,
o 1986 , approve an agreement for the purchase of a certain parcel
containing five acres on which to place a communications tower,
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p WHEREAS, it has been determined that a larger parcel is
• necessary, and
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`.. 0 WHEREAS, an Addendum to the Agreement for the Sale and
Purchase of Vacant Land has been presented to the Board ,
• concerning the purchase of a parcel from E. E. Foster and Sons ,
✓ a Inc. , said parcel containing approximately six acres , more or
co u less, within the following tract:
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\w SW4 of the SW4, Ni of the SWa of Section 26 ,
Ln F Township 9 North, Range 66 West of the 6th
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P.M. , Weld County, Colorado
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WHEREAS, after study and review, the Board deems it advisable
o z to approve said Addendum for the purchase of real estate from
N < E. E. Foster and Sons, Inc. , a copy being attached hereto and
incorporated herein by reference.
a NOW, THEREFORE, BE IT RESOLVED by the Board of County
up m Commissioners of Weld County, Colorado, that the Addendum to the
H CI Agreement concerning the sale and purchase of the hereinabove
r described real estate from E. E. Foster and Sons , Inc. , be, and
mg hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Addendum.
860955
Page 2
RE: APPROVE ADDENDUM - E. E. FOSTER & SONS, INC.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 1st day of
October, A.D. , 1986 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: F I :1- YV WELD COUNTY COLORADO
Weld Cou' ty7C ,k and' Recorder
and Cler ot1{{ %Ba a , J:cq lin ,o •n , airman
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d O APPROVED AS TO FORM: =ne Br- tper
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U C.W. Kirby
o 0 3 -P``'� • County Attorney %! D1% a %
Frank am chi
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860955
AR,2081715
AR21D4DD3 edat o'clock M, on Book Page
ion No. Recorder
C.- ll'inam jj (Dcexi
THIS DEED is a conveyance of the real property described below, including any improvements and other
appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies)
named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANT EE and the GRANTOR warrants the title to
the property, except for(1) the lien of the general property taxes for the year of this deed, which the GRANTEE
will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations
and exceptions (4) any outstanding mineral interests shown of record (5)any protective covenants and restric-
tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions"
The specific terms of this deed are:
GRANTOR: (give name(sl and placers) of residence it the spouse of the owner-grantor is lolnrng in this Deed to release homestead rights,
identify grantors as husband and wife I
o• U o V E. E. Foster and Sons, Inc.
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GRANTEE: (Give namels) and address(es). statement of address, including available road or street number. is required )
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o WW o W Weld County, Colorado, a body corporate and politic of the State
O 3 O S of Colorado ,
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• Q h 2 FORM OF CO-OWNERSHIP: (If there are two or more grantees named, they will be considered to take as tenants in common unless
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PG O the words"in joint tenancy"or words of the came meaning are added in the space below )
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ri .. y PROPERTY DESCRIPTION: (Include county and state.)
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C CONSIDERATION: (The statement of a dollar amount is optional; adequate cnnsidetabon fur this deed will he presumed unless this
>.I comes ante is identified as a gift; in any case this conveyance is absolute. final and unc uncut icinal )
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a Good and valuable consideration.
RESERVATIONS-RESTRICTIONS: 111 the GRANTOR intends to reserve any interest in the property or to convey less than he owns, or
p) CO o if the GRANTOR is restricting the GRAN111'S rights m the property, make appropriate indication I
titi rl el All' mineral interests located thereunder.
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ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above.)
Excepting all recorded rights-of-way,
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E. E. FOST_ t1�ID,,SONS, ;) r''
Signed on / 2/ 9 , 19r,6___ By: °J- _ _ ,, , _ ,-
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Attest: .. do, ,b ste , :sideirtl : cc Cantor
/By:. d -.r a '=r —e En'. J h`'. - .
, Wayne Foster, Secretary),P nteir- '
STATE OF COLORADO ) Treasurer'•,, ! '
COUNTY OF Weld ) SS. Grantor
The foregoing instrument was acknowledged before me this 19th day of December . 49 R6
by -Wayne Foster and Wayne Foster as Attorne in— acf for
WI TNESS my hand and official seal.Eldon Foster•!!_ j��/�
My commission expires: 4-2-90 No ry �' 11` ,c•
STATE OF Colorado �rrr/"n', ") SS. = . ,
COUNTY OF Weld ) ei
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The foregoing instrument was acknowledged before me this 19th day of4jj -n a ; ;9 S6
byWayne Foster and Wayne Foster as Attorney-in-fa „ 'f `
y y—in—fa t t=our ' '�y..,w -o`i!r( rn_
WITNESS my hand and official seal. Eldon Foster
My commission expires: 4-2-90 F�
NOLacy tic' '
1977 UPDATE LEGAL FORMS NO. 201
P.O. BOX 1815, GREELEY, COLORADO 80632 860955
ATTACHMENT "A"
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NO Lot A of Corrected Recorded Exemption No. 0455-26-3-RE943 ,
recorded December 2, 1986 , in Book 1137 as Reception No. 2078982,
to being more particularly described as follows:
ON• A tract of land located entirely within the Southwest a of the
0 3 Southwest ;, Section 26 , Township 9 North , Range 66 West of the
oz 6th P.M. , being more particularly described as follows :
`dal Considering the West line of the Southwest a said Section 26 as
• bearing North and with all other bearings herein being relative
w thereto.
0 z COMMENCING at the Southwest Corner of Said Section 26; thence
North 30. 00 feet along said West line of said Southwest 1 Section
26;
m thence N 89°27 ' 42" E 30 . 00 feet to the intersection of county road
W Rights of Way and the TRUE POINT OF BEGINNING;
awoo thence continuing N 89°27 ' 42" E 548 . 00 feet along the North Right
" z of Way of an East-West County Road;
N1-+ thence North 477 . 00 feet;
NA thence S 89°27 ' 42" W 548 . 88 feet to the North-South Right of Way
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• of a County Road;
w thence South 477 . 00 feet along the East line of said North-South
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,-IN County Road to the TRUE POINT OF BEGINNING, and including any and
`' w all improvements thereon .
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B 1160 REC 02104003 06/18/87 11: 53 0. 00 2/004
F 1399 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
860955
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.. o I, Eldon L. Foster, do appoint Wayne L. Foster my true and lawful attorney
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a for the release from. the Federal Land Bank and the closing of 6 acres in
N the SW of Sec 26-9-66.
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Eldon L. Foster
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C..) a B 1160 REC 02104003 06/18/87 11: 53 X0. 00 3/004
lig F 1400 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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GENERAL ACKNOWLEDGMENT
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State of ..4�. �A•��L_ tr On this the isr' .ay of �/yi� ....i . 19,efore me,
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County of r�i/ . / /` )
the undersign Notary Public,perso ally appeared
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❑ ersonally known to me
x _.,1 1 r --I r 1 / ed to me on the basis of satisfa$�tort'—evidence
Rivers
County to be the person(s)whose name(s) Li—err—IX subscribed to the
Rivcr
�Mv Comm o .,pr. 19, 1990 :� within instr t,and acknowledged that executed it.
WITN and and official seal.
tgnature
860955
This Warranty Deed, concerning E. E. Foster and Sons , Inc. ,
was re-recorded for the purpose of showing completion of
acknowledgment.
7
Bruce T. Barker
Assistant Weld County Attorney
B 1160 REC 0
F 1401 MARYANN4FEUERSTEIN/CLERK87 I&SRECORDER.WELB CO, CO
860955
AR2Uj9d71 ADDENDUM TO
AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND
THIS ADDENDUM to Agreement for Sale and Purchase of Vacant
Land, made at Greeley, Colorado, this 22nd day of September,
1986 , between WELD COUNTY, COLORADO, by and through the Board
of County Commissioners of the County of Weld, hereinafter
"Purchaser" , and E. E. FOSTER AND SONS , INC. , 927 Fourth
Street, Nunn, Colorado 80648 , hereinafter "Sellers" .
WITNESSFTH:
Second paragraph is hereby amended as follows:
That in consideration of the payment by the Purchaser
d to Sellers of the sum of TWELVE THOUSAND DOLLARS
0o 0 ($12, 000. 00) in cash, and other good and valuable
consideration, Sellers agree to sell to the Purchaser and
-• io the Purchaser agrees to purchase from Sellers the
below-described property: A parcel of land and all
a improvements thereon including six (6) acres, more or
0 w less, within the following tract: Southwest Quarter of
the Southwest Quarter, North One-Half of the Southwest
O,.W
L Quarter of Section 26 , Township 9 North, Range 66 West of
z the 6th P.M. , Weld County, Colorado. Said parcel of land
a is rectangular in shape and located in the most
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southwestern corner of parcel. Said parcel shall be from
m• a the Southwestern most point of tract North 90° , 477 feet;
.. w thence East 90° , 548 feet; thence South 90° , 477 feet,
ri x thence West 90° , 548 feet to the true point of beginning.
w Said parcel of land and all improvements thereon is
rm a hereinafter referred to as the "Parcel" according to the
terms and conditions set forth herein.
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• w IN WITNESS HEREOF, the parties hereto have subscribed
0 m their na egs;tbis 1st day of October, 1986 .
H 0 ATTEST • BOARD OF COUNTY COMMISSIONERS
NCO kW. 'Ne , `' WELD COUNTY, COLORADO
O1 Weld d ecorder
N rand Cl tq� ie d BY�
o O ' • 6 C air for i chaser
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z eputy County lerk
up r (The following section to be completed by Sellers. )
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H Sellers accept the above proposal this day of ,
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'� ( TAI(y .• President, E.E. Fos er & Sons, Inc.
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a : -*-4;• T OCRIBED AND SWORN to before me this day of
,„\eg ,./..), 1986 .
or WFI±TNESS my hand and official seal.
Notary Public
My commission expires: My comM' f '
.on Expires l4n¢�
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SecretartTreasurer,
a ' E.E. Foster & Sons , Inc.
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. $�90 $C� I IBED AND SWORN to before me this / ST day of
� t :
r, 1986.
d•�'•.F(iuvWITNESS my hand and official seal .
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lE O F L Ci' 2,t d--Q A
Notary Pub_ic
My commission expires: My Cc1m_=Ion Eec J' re 8, 1990
860955
The Bill of Sale for this property was recorded on December 22 ,
1986 , at Book 1139 , Reception Number 02081714, in the records
of the Weld County Clerk and Recorder.
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860955
ARd0a1714 -- __
`Bill of Sale •
THIS BILL OF SALE is intended to transfer title to personal property from the individual(s)orentity(ies)named be-
low, as Grantor,to the individual(s)or entity(ies)named below,as Grantee.The personal property is described below
and title will pass from the Grantor to the Grantee with the delivery of this Bill of Sale. Unless an express warranty is
made in the appropriate space below there are no warranties with respect to the condition of the personal property and
the Grantee acknowledges(by acceptance of this Bill of Sale)that the personal property is being transferred"as is"and
without any implied warranties of fitness or merchantability.
,,.t O The Specific Terms of This Bill of Sale Are:
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Grantor: (Give name(s) and place of residence.)
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E. E. Foster ' and Sons, Inc.
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O Grantee: (Give name(s) and place of residence.)
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a Weld County, Colorado, a body corporate and politic of the State
O of . Colorado.
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N a Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in com-
mon unless the words "in joint tenancy" or words of the same meaning are added in the
• 'a space below.)
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Personal Property Description: (Attach exhibit if more space is needed.)
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U a Present Location of Personal Property: (Include county and state.)
See Attachment "A. "
O1 '^ Encumbrances:
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By signing and delivering this Bill of Sale the Grantor acknowledges receipt of sufficient consideration and transfers
and conveys to the Grantee all of the Grantor's right, title, and interest in the above described personal property and
warrants that his title is good and that this transfer is rightful and is free from any security interest or other lien or en-
cumbrance, except for any such interest described above under"Encumbrances". This transfer and conveyance is
binding on all persons claiming from,through or under the Grantor,and this transfer and conveyance is absolute and
unconditional so as to vest title and any claims on warranties in the Grantee and the personal representatives and as-
signs of the Grantee, the survivor or survivors (if the Grantee is two or more persons taking title in joint tenancy),and
the personal representatives and assigns of each survivor.
Executed by the Grantor on /P / 7 , 19 g6
Signature Clause for Corporation, Signature Clause for Individual(s):
Partnership or Association:
E. E. FOSTER AND SONS, INC.
Name f Grantor: C rp ati n, Partnership r Association Grantor
B:'!
d FostF dentGrantor
Way Foster, Secreta] �i�( ?'; �� Grantor
Attestif)w • ry •
• *
'= 1901 UPDATE LEGAL FORMS h1 ••••
P.O.BOX 1815,GREELEY.COLORADO 60&.34 860955 O
No.601
ATTACHMENT "A"
o U A radio antennae and any and all appertenances thereto, to the
o extent that it is deemed to be personal property, located on
" O Lot A of Corrected Recorded Exemption No. 0455-26-3-RE943 ,
U recorded December 2 , 1986, in Book 1137 as Reception No. 2078982 ,
Q being more particularly described as follows:
ow A tract of land located entirely within the Southwest of the
O 3 Southwest 4 , Section 26 , Township 9 North , Range 66 west of the
o a 6th P.M. , being more particularly described as follows:
41.1 Considering the West line of the Southwest o said Section 26 as
W bearing North and with all other bearings herein being relative
w thereto.
N z COMMENCING at the Southwest Corner of Said Section 26; thence
North 30 . 00 feet along said West line of said Southwest i Section
v x 26;
thence N 89°27 ' 42" E 30 . 00 feet to the intersection of county road
w Rights of Way and the TRUE POINT OF BEGINNING;
°i°oo thence continuing N 89°27' 42" E 548 .00 feet along the North Right
N z of Way of an East-West County Road;
NH thence North 477. 00 feet;
NE thence S 89°27 ' 42" W 548. 88 feet to the North-South Right of Way
' pc of a County Road;
Wthence South 477 . 00 feet along the East line of said North-South
w County Road to the TRUE POINT OF BEGINNING, and including any and
w all improvements thereon.
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860955
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r TO WHOM IT MAY CONCERN:
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I, Eldon L. Foster, do appoint Wayne L. Foster my true and lawful attorney
for the release from the Federal Land Bank and the closing of 6 acres in
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n\i Z the SW of Sec 26-9-66.
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GENERAL ACKNOWLEDGMENT , �I State of On this the ay of -e 19�.%F5l�/y_efore me,
SS.
County County of
the undersign Notary Public,perso ally appeared
G v hO/ . A-STel?
C ersonally known to me
Pr:rc = in ,J /�oved to me on the basis of satisfa tG ory evidence
z c ,. to be the person(s)whose name(s) �/7 subscribed to the Riversda ,ounty
to_
commiEx?.Apr. 19: 1990 y within instr t,and acknowledged that executed it.
% t WITNE and and official seal.
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rerr..arrrrr.....+rrrrrr<»�arra �+a` .�a..• 2;;;• 2?22??-ei- . G •?re-
860955
•
The printed pnrIlon of this form approved by I
Colorado Real Estate Comml.yon 155.60.7.711
STATEMENT OF SETTLEMENT
SELLER'S O PURCHASER'S El
PROPERTY ADDRESS N/A
SELLER E. E. Foster and Sons, Inc. PURCHASER Weld County, Colorado
SETTLEMENT DATE. 12/12/86 DATE OF PRORATION 12/12/86
LEGAL DESCRIPTION: A tract of land located in the SWi,SWi , 26-9-66
Debit Credit
1. Selling Price 12000 00
2. Deposit, paid to
3. Trust Deed,payable to I
4. Trust Deed, payable to
5. Trust Deed, payoff to
6. Interest on Loan Assumed
7. Title Ins.Premium Paid by Seller 173 00
8. Abstracting: Before Sale
9. After Sale
10. Title Exam. by
11. Recording: Warranty Deed exempt 930-1-103, C.R.S.
12. Trust Deed
13. Release
14. Other
15. Documentary Fee exempt §39-13-102, C.R.S.
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s)
18. Taxes for Current Year $153.76 x 6/120 x 346/365 = $7.28 _ 7 28
19. Tax Reserve
20. Special Taxes _
21. Personal Property Taxes
22. Hazard Ins.Prem. Assumed—Policy No. Co.
$ Yr.Term Expires
Premium$ Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins. Assumed _
26. FHA Mortgage Ins.Reserve
27. Loan Service Fee (Buyer)
28. Loan Discount Fee (Seller)
29. Interest on New Loan
30. Surveyaa&M6mxretdikcRenottc Paid by Seller 350 00
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits
36. Loan Transfer Fee
36. Loan Payment Due _
37. Broker's Fee
Sub-Totals 12000 00 530 28
lbelancextuotatiriomfigtba
Balance duetdfrom Buyer 11469 72
TOTALS 12000 00 12000 00
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
Weld County, Colorado, a body corporate and politic of the State of Colorado
Parchaser/,,a;; By:_ . .a ..� Broker
irmy , Boa d of County Commissioners of Weld County, Colorado
860955
s xtxX*IIIRXtt X ATTEST: %f * By
the printed 'Delon or this form appro.ed by
Colorado Neat f:slale (:ommhsloo 'SS 60-7.711
STATEMENT OF SETTLEMENT
SELLER'S W PURCHASER'S 0
PROPERTY ADDRESS N/A
SELLER E. E. Foster and Sons, Inc. YURCIUISERrI'Iel.d County, Colorado
SETTLEMENT DATE 12/12/86 _ DATE OF PRORATION 12/12/86
LEGAL DESCRIPTION: A tract of land located in the SW} ,SW} , 26-9-66
D('hit Credit
1. Selling Price 12000 00
2. Deposit,paid to
3. Trust Deed,payable to
4. Trust Deed,payable to
5. Trust Deed,payoff to
6. Interest on Loan Assumed -
7. Title Ins.Premium Paid by Seller 173 00
8. Abstracting: efore Sale
9. After Sale
10. Title Exam. by
I1. Recording: Warranty Deed exempt §30-1-103, C.R.S.
12. Trust Deed i 1
13. Release
14. Other
15. Documentary Fee exempt §39-13-102, C.R.S. _
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s) ,
18. Taxes for Current Year $153.76 x 6/120 x 346/365 = $7.28 1 128
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes -
22. Hazard Ins.Prem. Assumed—Policy No. Co. .
$ Yr.Term Expires .
Premium$ Days Unused at it per day _
23. Premium for New Insurance
24. Hazard Ins.Reserve
25. FHA Mortgage Ins.Assumed
26. FHA Mortgage Ins.Reserve - —
27. Loan Service Fee (Buyer)
28. Loan Discount Fee (Seller) .
29. Interest on New Load
30. Survey.ant mfr ik alettc Paid by Seller 350 00
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits it
• 35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee ,
Sub-Totals 530 Y28 12000 00
Balance due togrom Seller 11469 72 _
gitifeiderdiltg6111O111MY0UX
TOTALS 12000 00 12000 00
The above figures do not include sales or use taxes on personal property
a APPROVED anti ACCEPTED
E. Foster Yid Sons, Inc.
BY•. �c.7` 4;-.2.- tr-t.-4 P"- - : Broker
� Seller on/Foster, President
860955
M O,,,1,VY 7�n V -._
1., fhe printed portion of this form approved by 11
Colorado Red !slate Commhsloo 155.60.7.711
STATEMENT OF SETTLEMENT
SELLER'S ® PURCHASER'S O
PROPERTY ADDRESS N/A
SELLER E. E. Foster and Sons, Inc. PURCHASER Weld County, Colorado
SETTLEMENT DATE_ 12/12/86 DATE OF PRORATION 12/12/86
LEGAL DESCRIPTION: A tract of land located in the SWi ,SWi, 26-9-66
Debit Credit
1. Selling Price 12000 00
2. Deposit,paid to .
3. Trust Deed,payable to .
4. Trust Deed, payable to
5. Trust Deed, payoff to
6. Interest on Loan Assumed
7. Title Ins.Premium Paid by Seller 173 00
8. Abstracting: Before Sale
9. After Sale
10. Title Exam. by
11. Recording: Warranty Deed exempt §30-1-103, C.R.S.
12. Trust Deed
13. Release
14. Other
15. Documentary Fee exempt §39-13-102, C.R.S.
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s)
18. Taxes for Current Year $153.76 x 6/120 x 346/365 = $7 .28 7 28
19. Tax Reserve .
20. Special Taxes .
21. Personal Property Taxes
22. Hazard Ins.Prem.Assumed—Policy No. Co.
$ Yr.Term Expires _
Premium$ Days Unused at 0 per day
23. Premium for New Insurance .
24. Hazard Ins. Reserve
25. FHA Mortgage Ins.Assumed
26. FHA Mortgage Ins.Reserve
27. Loan Service Fee (Buyer) _
28. Loan Discount Fee (Seller)
•
29. Interest on New Loan
•
30. Survey and.6on &cl aitt Paid by Seller 350 00
31. Appraisal Fee
32. Water and/or Sewer .
33. Rents
34. Security Deposits
35. Loan Transfer Fee .
36. Loan Payment Due .
37. Broker's Fee _
Sub-Totals 530 28 12000 00
Balance due to/ ifom Seller 11469 72
ii X11ati3ZtOterff
TOTALS 12000 00 12000 00
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
E. Fost r a'id. Sons, Inc.
1 c e Seller y' eta`� e y ,,- `.r .1-e5-12 Broker
13 . Jldon/Foster, President 860955
XKi1fKKX1XIIKK By
,� FORM NO.C-5000
Colorado Region m 342 1
ALTA Owners Pol!Coy" Form B—1970 r
Amended 1047-70 II
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,l POLICY OF TITLE INSURANCE �
Ii ISSUED BY
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? TRANSAMERICA TITLE INSURANCE COMPANY ;i
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SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
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(I TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS i
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11 HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the i,
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Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the II
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1 Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
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1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
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Ili 2.Any defect in or lien or encumbrance on such title; i,
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1 3. Lack of a right of access to and from the land;or 11
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14 4. Unmarketability of such title.
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1l IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed
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1 and sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
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Transamerica Title Insurance Company
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gy ° 'CY' a. President
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By #.Rfrps , Secretary
SS609P SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
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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 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 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 interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or de-
The following terms when used in this policy mean: 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 (iii) if
purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un-
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
shall cease and terminate in regard to the matter or matters
(b) "insured claimant": an insured claiming loss or dam- for which such prompt notice is required; provided, however,
age hereunder. 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 cost 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 tom Schedule A, nor any interest as insured, and the Company may take any appro-
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.
(d) Whenever the Company shall have brought any action
(e) "mortgage": mortgage, deed of trust, trust deed, or or interposed a defense as required or permitted by the pro-
other security instrument. visions of this policy, the Company may pursue any such
(f) "public records": those records which by law impart litigation to final determination by a court of competent juris-
constructive notice of matters relating to said land. diction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
R. 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 action
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,securing evidence,
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 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 3(b)
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations, a statement in writing
(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 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 30 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 policy
against by this policy. as to such loss or damage.
Continued on Front of Back Cover
FORM NO. C-5000-1
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10-17-701
SCHEDULE A
Policy No. 8023509
Amount of Insurance$ 12 , 000 . 00 Order No.
Date of Policy June 19 , 1987 Sheet 1 of 3
7 : 00 A.M.
1. Name of Insured:
WELD COUNTY, COLORADO, a Body Corporate and Politic of the
State of Colorado
2. The estate or interest in the land described herein and which is covered by this policy is:
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IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
WELD COUNTY, COLORADO, a Body Corporate and Politic of the
State of Colorado
6611955
FORM NO. C-6000-2
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM S-1970 (AMENDED 10-17-70)
8023509
Sheet 2 of 3
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:
Lot A of Corrected Recorded Exemption No. 0455-26-3-RE943 , recorded
December 2, 1986 in Book 1137 as Reception No. 2078982 , being more
particularly described as follows:
A tract of land located entirely within the Southwest ; of the South-
west 4, Section 26, Township 9 North, Range 66 West of the 6th P .M. ,
being more particularly described as follows:
Considering the West line of the Southwest i said Section 26 as bear-
ing North and with all other bearings herein being relative thereto .
COMMENCING at the Southwest Corner of said Section 26;
thence North 30 . 00 feet along said West line of said Southwest a
Section 26;
thence N 89°27 ' 4211 E 30 . 00 feet to the intersection of county road
Rights of Way and the TRUE POINT OF BEGINNING;
thence continuing N 89°27 ' 4211 E 548 . 00 feet along the North Right
of Way of an East-West County Road;
thence North 477 . 00 feet;
thence S 89°27 ' 42" W 548 . 88 feet to the North-South Right of Way of a
County Road;
thence South 477. 00 feet along the East line of said North-South
County Road to the TRUE POINT OF BEGINNING.
560955
FORM NO. C-6OOO-3B
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10-17-70)
8023509 L160955
Sheet 3 of 3
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 cor-
rect 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.
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
at Page 273 .
7 . Oil and gas lease between E. E. Foster & Sons, Inc. , a Colorado Cor-
poration and James E. Sullivan recorded January 30 , 1984 in Book 1019
as Reception No. 1954572 .
(Affects Parcel 1)
8. All mineral interests located thereunder as reserved by
E. E. Foster and Sons, Inc. , in the Deed to Weld County,
Colorado, a Body Corporate and Politi-c-of the State of
Colorado, recorded December 22, 1986 in Book 1139 as
Reception No. 02081715 and re-recorded June 18 , 1987 in
Book 1160 as Reception No. 02104003, and any interests
therein or rights thereunder.
NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning
underground facilities have been filed with the Clerk and
Recorder. These statements are general and do not necessar-
ily give notice of underground facilities within the subject
property.
(a) Mountain Bell Telephone Company, recorded October 1 , 1981
in Book 949 as Reception No. 1870705 .
(b) Western Slope Gas Company, recorded March 9, 1983 in
Book 990 as Reception No. 1919757 .
(c) Colorado Interstate Gas Company recorded August 31 , 1984
in Book 1041 as Reception No. 1979784.
(d) Associates Natural Gas, Inc. , recorded April 23 , 1986 in
D.,..1. 111n mo Dnnanfinn Mn 9ncnocz
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 more
the amount of insurance under this policy together with any parcels which are not used as a single site, and 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, the
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 parcel
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 otherwise
(a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and
in no case exceed the least of: the insured at the time of the issuance of this policy and
(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 Company
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company
When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme-
(c) 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 not
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
such right of subrogation and shall permit the Company to
No claim shall arise or be maintained under this policy
use the name of such insured claimant in any transaction or
(a) if the Company, after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by does not on involvingloss such uch or ed claimant,i . the payment
litigation or otherwise, removes such defect, lien or encum- does cover the of such insured the Company
brance or establishes the title, as insured, within a reasonable shall be subrogated to such rights and remedies in the pro-
time after receipt of such notice; (b) in the event of litigation Iportion which said payment bears to the amount of said loss.
until there has been a final determination by a court of com- such f loss should result from any act of such insured claimant,
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petent jurisdiction, and disposition of all appeals therefrom, act shall bell not void required this policy, but the art any, in that
adverse to the title, as insured, as provided in paragraph 3 event, against ren to which pac only sh that part of losses
if
hereof; or (c) for liability voluntarily assumed by an insured insuredany, lost oh hereunder by shall exceed impairment r am of e
in settling any claim or suit without prior written consent of to the Company reason of the of the
right of subrogation.
the Company.
12. LIABILITY LIMITED TO THIS POLICY
8. REDUCTION OF LIABILITY
This instrument together with all endorsements and other
All payments under this policy, except payments made for
costs, attorneys' fees and expenses, shall reduce the amount instruments, if ndy, attached td between by the Company is the
of the insurance pro tanto. No payment shall be made without entire policy and contract the insured and 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 on
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 conditions
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 hereto
under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secretary,
pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized
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 Company,
be payable hereunder to the insured owner of the estate or P. O. Box 605, Denver, Colorado 80201.
860955
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