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Home My WebLink About850340.tiff AR2025126 B 1084 REC 02025128 09/17/85 13: 55 $0. 00 1/001 F 1569 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: PURCHASE OF A GRADER SITE IN THE MEAD AREA WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado State Statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County is in need of a site for a grader shed in the Mead area, due to the vacation of a lease site from the railroad in the area, and WHEREAS, the Engineering Department recommends the purchase of a site located at Weld County Road 5 and Weld County Road 32 , owned by Roger and Alice E. Monroe, and WHEREAS , the County Attorney has developed a purchase contract for the land in accordance with the terms negotiated by County representatives and Roger and Alice Monroe. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, approves the land purchase offer contained in the above agreement and authorizes the Chairman to sign same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D. , 1985 . k BOARD OF COUNTY COMMISSIONERS ATTEST: a'GYt�+ �i WELD COUNTY, COLORADO - ' _ and di hrka corder W and Clele'H* he ' �icqu ine J son, Chairman - Cuf f eri ,oit;;. .a.J ii,'tz' • „j,. r�i;�,t'�t �,,'._ Gene R. Brantner, Pro-Tem D-puty County erk APPROVED AS TO FORM: C. . K b - / r o L c JCCoun t or ey Frank Yama i 7 Le r ='1't' 850340 AR2009216 VACANT LAND AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY AND FOR PAYMENT FOR USE OF EASEMENT THIS AGREEMENT, made at Greeley, Colorado, this 17th day of April , 1985 , between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of the County of Weld, hereinafter "Purchaser" , and ROGER AND ALICE E. MONROE, 15093 WCR 5 , Longmont, Colorado, hereinafter "Seller" . WITNESSETH: That in consideration of the payment by the Purchaser to Seller of the sum of $5 ,000 (Five Thousand Dollars) , in cash, and other good and valuable consideration, Seller agrees to sell to the Purchaser and the Purchaser agrees to purchase from Seller the parcel shown in Exhibit "A" , and generally described as a one acre parcel in the SE corner of Lot "A" of Recorded Exemption 1207-17-4 RE525 , recorded at Book 956 , Recep 1878388 of the records of the Weld County Clerk and Recorder, attached hereto and incorporated herein by reference, hereinafter referred to as the "Parcel" according to the terms and conditions set forth herein. The agreement of sale and purchase of Parcel is subject to the following conditions: 1 . Seller shall furnish to Purchaser a warranty deed conveying only the surface rights of the Parcel . Title insurance need not be provided by Seller. 2 . Title shall be merchantable in Seller, except as stated in this paragraph and in paragraph 5 . Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient special warranty deed to Purchaser on July 1 , 1985 , or, by mutual agreement, at an earlier date, conveying the property free and clear of all taxes, except general taxes for 1985 , payable January 1 , 1986 , and free and clear of all liens for special improvements installed as of the date of Purchaser' s signature hereon, whether assessed or not; free and clear of all liens and encumbrances, and except the recorded and/or apparent easements, including a 30 ' right-of-wa_y , along the South ^a Fact boundarie\—of property for county road purposes , and subject to building and zoning regulations and 8 reserving all mineral rights to the Seller. 3 . General taxes for the year 1985 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. B 1068 REC 02009216 05/10/85 09: 59 $0.00 1/006 f' .1901 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, THIS IN- STRUMENT WAS FOUND TO BE INADEQUATE FOR THE BEST PUO TOC.RAPHIC REPRODUCTION BECAUSE OF 1LLEOIE IL rrY, CA.REQN OR PHOTO COPY. DISCOLORED PAPER. ETC. 4 . The date of closing shall be the date of delivery of deed as provided in paragraph 2 . The hour and place of closing shall be designated by Seller. 5 . Except as stated in paragraph 2 and this paragraph, if title is not merchantable and written notice of defect (s) is given by Purchaser or Purchaser' s agent to Seller or Seller' s agent on or before date of closing, Seller shall use reasonable effort to correct said defect (s) prior to date of closing. If Seller is unable to correct said defect (s) on or before date of closing, at Seller' s option and upon written notice to Purchaser or Purchaser ' s agent on or before date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting said defect (s) . Except as stated in paragraph 2 , if title is not rendered merchantable as provided in this paragraph 5 , at Purchaser' s option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect (s) , Seller may, within said thirty (30) days, obtain a commitment for owner' s title insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect (s) , and the Purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The Seller shall pay the full premium for such owner' s title insurance policy. 6 . The Seller agrees to release the Purchaser from all consequential damages , except as otherwise set forth herein in paragraph 8 except damages caused by the negligent or willful misconduct of the Purchaser or its employees , present or prospective, to the remainder of Seller' s property arising out of the operation and maintenance, or repair of the grader shed located on the Parcel. 7 . Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies : (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages , or both. (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be B 1068 REC 02009216 05/10/85 09:59 $0. 00 2/006 F 1902 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages , or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorneys ' fees. 8 . Seller shall apply to Weld County, at Purchaser' s expense, for authorization pursuant to Weld County Subdivision regulations, to create the three lots as shown on Exhibit A. Expenses shall include costs of application fees , survey and recording costs. This contract shall be contingent on final approval and recordations of appropriate plats by Weld County. 9 . Possession of the property shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies. Seller shall assume all costs of compensating any tenants or leaseholders for any damages as a result of the taking of the right-of-way or to the remainder. 10 . The Seller represents and warrants as the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes , or will result in, any breach of any of the terms, conditions , or provisions , or constitute a default under, any indenture , charter , bylaw, mortgage , loan agreement, lien, lease , license, judgment, decree, order, instrument or other verbal or written agreement to which Seller is a party of is subject or to which the property is subject, except as provided herein. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before April 22 , 1985 , this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the successors and assigns of such parties. B 1068 REC 02009216 05/10/85 09: 59 $0.00 3/006 F 1903 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • IN WITNESS HEREOF, the parties hereto have subscribed their names this /,1- day of [- ,ph °QJ , 1985 . ATTEST: Q4 } BOARD OF COUNTY COMMISSIONERS /"v; .rr WELD COUNTY, COLORADO Weld Cbu A* ^Recorder \ pp \ and Coe, 1 d B Lairs_. VY\LIaC ` r ).°2:':.'} C air y-n fortPjirchaser - oi'C ty erk J,' (The following section to be completed by Seller. ) Seller accepts the above proposal this -22,9 day of ,4.p,L ,'9t5 1985 . 4ini� (VIA RY �:I` BY Lz ET ;cc: G : BY PIM O rn ,', SJSCRIBED AND SWORN to before me this ,If day of t /' aFfea'L , 1985 . WITNESS my hand and official seal. fel , '. r ✓` Notary Public My commission expires: mAy -u/ if r7 B 1068 REC 02009216 05/10/85 09: 59 $0. 00 4/006 F 1904 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO j- *` 3 / 3 `i 0,r,G 1S" y3S �` `' 0 /se/ 4°n7 BOOK., RECEPTION S S DATE... TIME • • MARY 4N FEUE^5TEIN, Clerk and Record.: ✓eld aunty, Colorado RECORDED EXEMPTION NO. 1207-17-4-RE525 Co N. 114 COR. m v m - - m SE C. 17, T3 N, R68W c9 (FD PIN $ CAP) 0 LO-Q L0rN' ^ N Tr N 3 v % 3 3 3 33 i•• oN N _ CO r^ r^i o co v en v . i ra S � a 'Al ('1 �� N e in ® z n 9 N V m ,?\I 0 V �n N N � zm ro r ,n m z z WE __ ___ ___ ® ------SOUTH BANK HIGHLAND DITCH r MAINTENANCE EASEMENT S tn S m v . N N SCALE: 1"=60O' u ;° LEGEND 3 (D)=DESCRIBED-ALL OTHER � O DEMENSIONS ARE o U MEASURED. 0 orPINS SET y in in U (7. m Q m ,a'n E. 1/4 COR. o W z ^ SEC. 17 T3N, R68W tly m (FD 3/4" PIN) o 3 _ v N I® O W w ct d a , 0 Q z w j cr m LOT "B" co O CN 10a771 ACRES 0 rn W m (x = Ln a w 30' RD. R.O.W.--\ co o Lb 3 ox 0 PI m U � p � 590°00'00"W 1289.75' oz oo I ap ui .-1 H z N r \ r4 ° I 0i ow O O O z 0 EI VJ W z ° LOT „A" I w = N _ o 30.094 ACRES N r N Ly `670,-,::.ED L tc I m Q U O 'Zi al -�� G7-c=eL,'r O w N SEC417.T N, RGBW } 1393.33' 0� 265.88' t11 0 o (FD 1/2' IRON PIPE) Cr r - z >-• N 90°00'00"E \0 2659.21' 1 — J� T. PO.B. Na RD R.O.W. - SOUTH LINE SE. 1/4 SE. COP. 12' ESM'T UNION R.E.A.- (CTY RD 32) SEC. 17 T3N, R68W co `n W --Y__ (FD 1/2" PIN $ CAP) orn wf. • Mead cc Res. LOT "A"-30.094 ACRES "' I�� it Water LOT "B"-1O6.771 ACRES u Cty Rd g�O' 34 Tank TOTAL -136.865 ACRES • • �/ •• ALE N�7ah�, Ditch 015 2000'(\: cc 17 \ LOCATION __,,, ,, M A P L U n •i Bot d q • f \ N3C4 Cty \Rd 32 if , . PURPORTED COPY RECORDED EXEMF ,ON NO. 1207-17-4-RE52 ,, :t Host tpti, ,. h cc,l. of Lind sitlaLe in the Cast 1 /2 or Section 17, l'ownsh, n i' Nord,, Inge 68 i.'ust of Lhr ntll .11. , Count el Weld, SLn Lo ot Co lur:tdu , 14.1 Ii ' ��04 •,Lore .ctrLitailary ,lescrihed as (allows : U /y13 II / Considering the South line ul the Southeast I /4 of said Section as hearing; ;1 90° 00' 00" N. , and with all hearings contained herein relative thereto: Beginning at the Southeast corner of said Section; thence along the East Lino el the Southeast 1 /4 of said Section N 00° 118' °4" E. , a distance ul r , t 10'25.2 foot thence l0° 0.) 00tl h. , a distance of 1289. 7'5 IorL ; thence N OL° Ii ' '5" 1•'. , a distance of 2572. 59 feet Lu the South bank of the Highland ditch as e.; isLing; thence along said South bank the following nine (9) courses: S 6(1° 26' 20" W. , a distance ul 124 .68 Feet: and again S 65" 5151 57" W. , it distance of 219.3'1 lee,; .111(1 again S 57° .21 ' 'i3" W. , a distance of II5.91 IeeL; and :lga in N 75° :'ti' 41 " W. , a distance of 03.21 fuel; and again N 84° 59' 38" W. , a distance of 181 .86 ; eel : and again S R4° i't' fits W. , a distance of 176.48 feet; and again N 82° °9' I7" W. , a distance of 240.08 fool; and again N 84° 47' 3'" W. , a distance of 101 .65 fuel.; and again tin" ;5 ' (i7" W. , a distance of 76. 24 feet_ to a point: on the West tin.' of said iost 1 /2_: thence along said West line S 00° 09' 39" F. , a distance 0; 54')0.46 t cot Lo Lhe South I /4 ca:ner; thence a lung; the SoaLh I inc u - Lite .Lu,t-ho.1st I /'e said Section N 90° 00' 00" E. , a distance ut 2659.21 feet to the 'Prue I ., in:. , ginning. 5:tu'1 'e' to a 0 „ 0L right-of-wav for County Road purposes along the Stut' h List itines el the 6nutheasL 1 /4 of said Section and subject to all other LdIL:• ,n --N, . Easements, and Restrictions as now in use or of record. Ivn-c ' f tannins ' 36.865 acres more or less, gross. Laltl.‘111OR'S. faRTIfHE.44T I hereby flat, n:ar this plat en.s prepared under my supervision and Ihal- the same i., t to the best of my knowledge and belief . ..,, ;7yrorAy7\\r, jec. Ald /p72-1 Ile, the ,undersigned, being the sole owners in fee of the above described prupert , hcrch : subdivide the name as shown on the attached map. Moody L v.cA S CLm.o4.on CO . -3-7:11;-“\DA' SfUea The foregoing certification was acknowledged before me this .Z'3 • (fay of � CTY►ti _ A.i). , 1 9%\ • 'lv Commission Expires: 'Ay Commission expires Feb. 13,_1983_ Notary Pub lic : .�,y� � — Uitness my Hand Seal. The accompanying plat is accepted and approved For Filing. /,% / �7 CIt.CtRNA'J or '1'HF, BOARD u: COUNTY COMNESSTONERS ATTEST: County Clerk ' f&u. t.AAAA,i titters/ — 8v A Oeputy County Cult Hate :a-a. -2i-t ------- B 1068 REC 02009216 05/10/85 09: 59 $0. 00 6/006 F 1906 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SHERT 2 r1F 7 . -a„ T 3 ) 3 Q�� 157838 "`. J 0 isa1 4i- BOOK.1 ='.._. RECEPTION S 4 DATE. TIM / 4v"7 MARY 4N FLUE^STLIN, Clerk and Record= Veld County, Colorado, RECORDED EXEMPTION NO. 1207-17-4-RE525 N. 4114 COP. `n .4 11 SEC. 17 T3 N, RCn8W L m - a i r (FD PIN & CAP) o N - m m N n- op 0 •' 3 it 3 3 3 3 33 i. N TI; ` - in iv N m m m o el v0 n 61 V 0, m clepr �9 u - N N In N e to ® V V en ° V N n w in r11 Z � m co n � � CO Z N Z ( W E _ A' -----.-YOUTH BANK HIGHLAND DITCH ED � MAINTENANCE EASEMENT iri 5 m v N N SCA L E: 1".600' in g' LEGEND 3 (D): DESCRIBED- OTHER DEMENSIONS ARE o MEASURED. y o=PINS SET in m n E. 1/4 COR. w r^ N SEC. 17 T3N RGBW z ED N (FD 3!4" PIN) rc Cr ED N 1w d 0 Z al m v LOT "B" m u 106771 ACRES to m I . _.. o30' RD. R.O.W. a m aI = a' Q p m� S90°00'00"W 1289.75' `1. O Oeo Z m 0.. U, ,n 5b Io zo 2csiLOT "A" wr. =, Ex 0 30.094 ACRES I N r- } �..._to i. PC. E8 (Li- S. 1/4 COR. SEC.17 T3N, RGSW _1 o 1393.33' _ 1265.88' v I z (FD 1/2' IRON PIPE) "E =------ —1 N 90°00'00"E 2659.21 PO.B. 30' RD.R.O.W. SOUTH LINE SE. 1/4 SE. COR. 12' ESM'T UNION R.E.A.- (CTY RD 32) SEC. 17, T3N, RGBW - - (FD 1/2" PIN 8 CAP) •4• )Re Mead LOT "A"-30.094 ACRES • "' (�C water LOT "B"-106.771 ACRES O Cty Rd ;ryW 34 : • Tank TOTAL -136.865 ACRES ', ti.A ,... H��an0 . Ditch _15 2000'lesc. 17 \ LOCATION '- Lot V Y MAP ii B \ Z Lot II \\ .LA Cty \Rd 32 if,, . PURPORTED COPY RECORDED EXEMF ' ON NO. 1207-17-4-RE52b- ,. ,I .,os,c ,pti. (. Il;:h co 1. of land situate in the East I /2 of Section 17, l'ownsll , n I North, inge 68 !lust (II the 6th '.:I. , County of 0eld, State 'II (�III 'ratio, tieing �� € .uo, e , articular\' described a, iol lows: 049 x13 /1 / Considering the South line. of Lhe Southeast 1 /4 of said Section as hearing, N 90° 00' 00" L'. , and with ❑tI bearings contained herein relative thereto; Beginning at the S•''rlheasl corner of said Section ; thence along thy last line rf the Southeast 1 /4 ut said Section N 00° I)8' 24" E. , a distance et 1025.;• ; : eta.; thence S 90° 00' 00" W. , a distance of 1289. 75 feet ; thence N 0i° il ' '4" h' , a distance of 2572. 59 feet to the South hank of the Highland ditch as edisLing; thence along said South bank the following nine (9) courses: S Ell° _6' ?0" W. , a distance of 124. 68 feet; and again S 6'i" 141 i7" h'. , a distance ul 219. 33 luet; and again 8 57° 21 ' 53" W. , a distance of 115.91 Ieet ; and again S 75" 26' 4t" W. , a distance of 93.21 feet; and again 8 8'I° 59' 38" W. , a distance of 181 .86 feet ; and again S 84° 14' 01" W. , a distance of 176.48 feet; and again Ni 81° 29' 3i" W. , a distance of 240.08 fool; :and again N 84° 47' 31" W. , a distance of 161 . 65 feet ; and again rib° 15' 07" 1!. , a distl: cc of 76.24 lout to a hoint on the Fist IInc o, said 'rest I /"_; thence along said West line S 00° 09' 39" F. , a distance of 34')0.46 ' cot to the South 1 /4 corner; thence along the Soath lint' o - the ;ol_Iiewit 1 /- said Section N 90° (10' 00" F. , a distance of ?659.21 foot to '.i.. Tt-ee 8ettjnning. . nj 'c' a I) ovit right-ot-way for County Road purposes along the Smolt aid rest I tat's of the `southeast I /4 ni said Section and subject_ to all other ghtzt il, -,•;,iv, l iasements, and .'.esLrictions as now in use or ol record. I par,-' I . 'nt , ins 136.865 acres more or less, gross. CV1'.Y(hl;'P. . ::TrIi I I,creb'y' ' ' her this plat was prepared ender my .supervision and i hal Lhe same i.. I to the hest of my knowledge and belie' . /,77zs Fie, the undersigned, hE ing the sole owners in fee of the above described property hereh" „ubd ivide the salad .as shown tin the at cached map. mad y land! S awc4;oh Co . —37:Z4LCI\ZA. ' Faltest-a The foregoing certification was acknowledged before me this _- ciuy o f A.D. , 19%\ - 'Iv Commission Expires:_Ay Commission expires Feb. 13,_j9$ Notary Public: .11aj„.jia._�Qtr Q -- Witness my hand ,a Seal. The accompanying plat is accepted and approved for filing. CIi1C1.R1 IAN OF THE BOARD 0:' COUNTY COMMf SSiONERS� ATTEST; County Clerk 1It14URccisAn11 atifh.42e/YA/ By cDufy County C; rk hale -a -- tel,�r SHFFT 2 OF 2 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000,EXT.4200 WI I P.O. BOX 758 C. OREELEY COLORADO 80632 COLORADO April 22, 1985 Roger A. & Alice E. Monroe 15093 Weld County Road 5 Longmont, CO 80501 Dear Mr. & Mrs. Monroe: Enclosed please find an offer for one acre of property located at Weld County Road 5 and Weld County Road 32. This offer is consistent with the discussion you have had with Dave Becker. If the offer is acceptable, please sign and return to: Don Warden Weld County Director of Finance & Administration P.O. Box 758 Greeley, CO 80634 Once the offer is received back Mr. Warden will work with you on the zoning changes and survey. If you have questions, please do not hesitate to contact Don Warden at 356-4000, Extension 4218. Very truly yours, Y� Jacqueline Johnson Chairman JJ/dn • / FORM NO.C-5000 Colorado Region Form 342 _ ALTA Owners Policy—Form B—1970 Amended 10-17-70 POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS 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 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; 2.Any defect in or lien or encumbrance on such title; 3.Lack of a right of access to and from the land;or 4.Unmarketability of such title. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. 1 Transamerica Title Insurance Company By VyB4 President 4!4Y j9.Q F e� By. d { v/C Gam. Secretary SCHEDULE OF EXCLUSIONS FROM COVERAGE 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 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 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 (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 (b) "insured claimant": an insured claiming loss or dam- shall cease and terminate in regard to the matter or matters 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 specifically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or right, title, interest, estate or easement in abutting streets, interest as insured, and the Company may take any appro- roads, avenues, alleys, lanes, ways or waterways, but nothing priate action under the terms of this policy, whether or not herein shall modify or limit the extent to which a right of it shall be liable thereunder, and shall not thereby concede access to and from the land is insured by this policy. liability or waive any provision of 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 pro- f) "public records": those records which by law impart visions of this policy, the Company may pursue any such 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 sole discretion, to appeal from any adverse judgment or order. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE (e) In all cases where this policy permits or requires the 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 • 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 shall be subrogated to and be entitled to all rights and reme- (c) When liability has been definitely fixed in accordance dies which such insured claimant would have had against any with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. person or property in respect to such claim had this policy not 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 liti the o name of such insured claoimant remedies.any ftransaction payment a or defect, lien or encumbrance insured against hereunder, by dos not on involvingloss such ch s claimant, the litigation or otherwise, removes such defect, lien or encum- does cover the of such insured the Company g shall be subrogated to such rights and remedies in the pro- brance establishes the title, ase; 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 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 the in settling any claim or suit without prior written consent of right of subrogation. the Company. B. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY 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,tiic if ndany, ntract between e by the insured u and 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 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. 0 0 N o • c m rc :61403 7 N ° o r ' z 0 mJ m > v 'm o o u u n mN >, J r Cc _ _ o > a o cir m St _m 0 G 0 m oa Cm o m : a3 . ' o R m o 0; po "m a,a to .s L'v a �d' a•a_ pi pa m F ✓ > m y _w a z c a cc-3 m J ] c C 'g C J m V m r o gin' o w Si Sio« 8« pm p�pc5 perp = �.- so pov 0 L O Sh • ?m . Em c • . 3p UY • Cm • -< • O . • Un m • mm • 3v E 0 8o ac • 3 : om • pN mN es �_ • mE 8m m m E m . ;12 . = mp, m c > m -at. M�I. C S r % $j 5q moy Ww Og 43 90 fya dw do L® F YI q`y z- r N r O° z GC m r CC le O H u Co- ag o• opi • ¢ ro a J m Co F= c g Co 3 Z °� 0 W e 0 C 0 C CO += co CD 4- i I U 0 0 o Em --a i U E "> �� EU Cct a HN ct cE -I� � 1_ co or" H E O c s 8 ° Q ' c n g o v ag ea§ g smN Cm� .a-g Co� m� yam mo �,+ W«O E Ot Oma pmm .4. p Ea r O¢m cp O $N O mo ta V LLw'24 8°28 E-1°h 5 cc28 2m8V Oymw 3.2,98 a=o - ',or--A 8u≥°e O 0w� O U ucoG �_r v "m d 82o —Mg '• p-•$' o a3. m �W W Wao c°.IN . Soo _qtt�s+ • mmU-, • 822.r-. • Lint c20N • 1awgg agN • • c C vi cEogs 0i2; .86=8?�=V E<UO cZav 33 m8 E3 8c9 ONm'Cv act,,,,- °g mN p mN RI ` ffi�` a � a'_ 'ivy O§ m m^Ev f Q ONC 'Er O ag';' — fa c L 5 ° f o o'$ rQ c m lC C N co z i ran m W $ a m a) • A� 1 'DIVIS'ION OF INSURANCE ., a DEPARTMENT OF REGULATORY AGENCIES 106 STATE OFFICE BUILDING • 201 E.COLFAX AVE. BT"'999 DENVER.COLORADO 80203 STATE OF COLORADO RICHARD D. LAMM GovER NOR p-/ J.RICHARD BARNES.C.L.U. May 1, 1977 COMMISSIONER ROBERT L.BROWN DEPUTY COMMISSIONER Dear Real Estate Purchaser: Following this letter you will find a brief explanation of your title insurance commitment and policy. Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that com- panies issuing title insurance commitments and title insurance policies are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title insurance or any complaints that you may have against your title insurer to this office. We are on hand to make certain that all your rights and remedies, both under your policy and under law, are available to you at all times. Sincerely, . CHARD BARNES, C.L.U. Commissioner of insurance JRB:bl As a purchaser of a home or other real estate you may receive a"Commitment for Title Insurance"and a"Policy of Title Insurance"Both of these documents, like many others in connection with your purchase,are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser.While the following description of these documents cannot change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of your questions about them. QUESTION:"WHAT IS TITLE INSURANCE?" ANSWER: Basically, it is a contract with the title insurance company in which the company agrees to defend and indemnify you against losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty insurance and, therefore, does not protect you against acts of theft or damage to your home by fire, storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance. Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required to maintain reserves to cover losses. If you are financing your purchase,your lender will ordinarily require that you obtain a separate Lender's Policy to insure that your property will in fact serve as security for its loan. QUESTION:"WHAT DOES THE PREMIUM PAY FOR?" ANSWER:The one time, non-recurring premium pays for several things. It helps to pay for the cost of collecting,maintaining,searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example,the title insurance company will determine whether the public records show that your seller really owns the property,what mortgages or liens(a recorded legal claim) may exist, whether there are restrictive covenants on your CONTINUED ON REVERSE property or easements which allow I. ,ons to cross your property or to place utilities acre your property The premium also serves to finance certain legal costs which may arise if your title is challenged. Additionally, payment of the premium requires the title insurance company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION:"WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps have been taken, such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as "requirements" in Schedule B—Section 1. In Schedule B—Section 2 "Exceptions"the commitment also summarizes certain existing limitations on the use of your property,the defects in your title and liens against your property.Your policy will not protect you against these matters.You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met.These other matters are usually such things as restrictive covenants or easements for utilities and the like.You should carefully read both the"requirements"and the exceptions to title stated in the commitment so that you may raise objections if there are matters affecting the title to which you did not agree when you signed the contract to purchase your property. Some of the"exceptions"are standard and will not normally be covered by your title policy.The first standard exception is any claim by parties in possession of the property which is not shown by the public records.This means,for example,that someone may have been living on the property for a long period of time and may claim that they own the property, even though they do not have a recorded deed;or may claim that they are somehow otherwise entitled to be on the property.The title insurance company could not learn of such a claim by examining the public real estate records.You should inspect the property to make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement,even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy will not insure against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property, particularly if you do not have a survey.Again, a title insurance company cannot determine whether such problems exist on your property because employees of the title insurance company will not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who has not been paid.The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document.You may wish to verify that no such unsatisfied claims exist. The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your purchase.Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded in the public records,or the amount of which has not yet been determined. If you are purchasing a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No. 130 which removes several of the standard exceptions and will give you insurance for some of those matters. You will see that the commitment shows the amount of title insurance to be issued, together with the amount of the premium charge. Your seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the lowest premium to which he is entitled. For instance, if there has been a title insurance policy issued to your seller within the last two years, he may be entitled to receive some credit for the prior premium against the amount of premium which he will now pay. QUESTION:"WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER:The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded. It,too,is a standardized document,the printed portions of which have been approved by the Commissioner of Insurance. Schedule A of your policy will set forth,among other matters,the amount of insurance coverage,your name as the insured,your interest in the property,such as actual ownership or a leasehold interest,and the legal description of the property. Your title insurance policy, as any other insurance policy, has exceptions from coverage.These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage.Matters which may limit coverage will be set forth in the"Conditions and Stipulations" section of the policy. In Schedule B of the policy,you will find those items against which the title insurance company does not,or cannot,insure.Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised against the property,and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy. You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy, and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use your property or that they own part of it,and you cannot find that right set forth in your policy as an exception or an exclusion,you must notify the title insurance company in writing of the situation. The address for this notification will normally appear in your policy. Prompt notification will enable you and the company to deal with the matter or problem that you raise,if it is covered by the policy,so that the dispute may be resolved in as timely a manner as possible. You should know that if the problem is covered by your title insurance policy, a title insurance company must usually bear the costs of litigation, either to defend your title in the event of an adverse claim against it, or sometimes to bring affirmative legal action to clear up the problem. In so doing,the title insurance company retains the right of settling the claim or pursuing the matter through the courts,if it believes that the rights asserted by a third party against your property are not legally justified. If the title insurance company takes the position that the matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER: You should certainly ask them of your attorney, the seller,the lender or the title insurance company. If you do not receive a satisfactory answer to your questions,you may contact the office of the Colorado Commissioner of Insurance,J.Richard Barnes,Commissioner, Department of Regulatory Agencies,106 State Office Building,Denver,Colorado 80203. Form No.C-142.13 FORM NO.C-5000-1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 5- 1970 (AMENDED 10-17-701 • SCHEDULE A Amount of Insurance$ 5, 000 .00 Policy No. 8019743 Date of Policy October 1, 1985 Sheet 1 of 7: 00 A.M. 1. Name of Insured: WELD COUNTY, 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: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WELD COUNTY, a body corporate and politic of the State of Colorado 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 10-17.701 8019743 Sheet 2 of 4 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: A tract of land situate in the SE4 of the SE' of Section 17 , Township 3 North, Range 68 West of the 6th P.M. , more particularly described as follows: Considering the south line of the SEA of said Section 17 as bearing North 90° 00 ' 00" East and with all bearings contained herein relative thereto; Beginning at the south quarter corner of said Section 17 ; thence along the south line of the SE' North 90° 00 ' 0011 East a distance of 1393 .33 feet to the TRUE POINT OF BEGINNING; thence North 01° 11 ' 34" West 208 .73 feet; thence North 90° 00 ' 0011 East 208 .73 feet ; thence South 01° 11 ' 34" East 208 .73 feet; thence South 90° 00 ' 0011 West 208 .73 feet, more or less, to the TRUE POINT OF BEGINNING. FORM NO. C-6000-3B FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM S-1970 (AMENDED 10-17-70) 8019743 Sheet 3 of 4 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. Right of way for a county wagon road, as granted to Weld County in Quit Claim Deed recorded July 19 , 1883 in Book 43 at Page 1, affect- ing the following described property: A strip of land 30 feet wide off of the South side of SE4 of Section 17, Township 3 North, Range 68 West of the 6th P.M. 8. Easement and right of way to construct, operate, maintain, replace, enlarge , reconstruct, improve, inspect, repair, and remove such electrical facilities and appurtenances thereto, either above ground or underground, as granted to Union Rural Electric Association, Inc. in Right of Way Easement recorded October 19, 1970 in Book 634 as Reception No. 1556278, affecting the following described property: An easement 12 feet in width, lying North of and adjoining a public road now constructed along the South line of Section 17 , Township 3 North, Range 68 West of the 6th P.M. 9 . Oil and Gas Lease between Raymond J. Runyan, Lessor, and Calvin Petroleum Corporation, Lessee, for a primary term of 3 years , re- corded June 27 , 1980 in Book 907 as Reception No. 1828579 , and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Pro- duction, pursuant to ' 73 CRS 38-42-106 , by CAPCO, recorded April 13 , 1983 in Book 993 as Reception No. 1923373. 10 . All oil, gas, gravel and other minerals and mineral rights as reserved by Moody Land & Auction Co. , a Colorado Corporation, in the Deed to Roger A. Monroe and Alice E. Monroe recorded May 4, 1983 in Book 995 as Reception No. 1925685 , and any interests therein or rights there- under. FORM NO. C-6000-3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION,LOAD POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17-70) 8019743 Sheet 4 of 4 SCHEDULE B—Continued NOTE: The following notices pursuant to CRS 9-1 .5-103 concerning underground facilities have been filed with the Clerk and recorder. These statements are general and do not necessarily give notice of underground facilities within the subject pro- perty: (a) Mountain Bell Telephone Company recorded October 1, 1981 in Book 949 as Reception No. 1870705 (b) Associated Natural Gas, Inc. , recorded July 20 , 1984 in Book 1037 as Reception No. 1974810 (c) Colorado Interstate Gas Company recorded August 31, 1984 in Book 1041 as Reception No. 1979784 (d) Union Rural Electric Association, Inc. , recorded October 5 , 1981 in Book 949 as Reception No. 1871004 (e) Western Gas Supply Company recorded April 2 , 1985 in Book 1063 as Reception No. 2004300 AR2026709 B 1086 REC 02026709 09/30/85 15:58 $0. 00 1/002 F 0389 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO REAL PROPERTY TAX AGREEMENT THIS AGREEMENT is made and entered into as of the 27th day of September, 1985 , between Roger A. and Alice E. Monroe, 15093 Weld County Road 5 , Longmont, CO 80501 , as "Seller" and the Board of County Commissioners of the County of Weld, State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , as "Purchaser, " of the real property improvements described as: A tract of land situate in the Southeast 1/4 of Section 17, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. More particularly described as follows: Considering the South line of said Southeast 1/4 as bearing N 90°00 '00" E and with all bearings contained herein relative thereto; Beginning at the South 1/4 corner of said Section 17; thence along the South line of the Southeast 1/4 , North 90°00 '00" East, a distance of 1393.33 feet to the TRUE POINT OF BEGINNING; Thence N 01°11 '34" West, 208 .73 feet; Thence N 90°00 '00" East, 208. 73 feet; Thence S 01°11 '34" East, 208 .73 feet; Thence S 90°00 '00" West, 208 .73 feet to the TRUE POINT OF BEGINNING. (hereinafter referred to as "property") . Purchaser has received $42 .36 , which represents Sellers' portion of the 1985 real property taxes for the property, as proportioned to the date first written above, which is the date of closing for the sale and purchase of said described real property. The proportionment to date of closing is figured as follows: Assessed valuation of entire tract with parcel number 120717000028 = $19 ,910 .00 . The 1985 mill levy has not been established yet, and so, we will use the 1984 mill levy of . 086284 . 270 days up to and including September 27 , 1985. There were 30 acres in the original parcel, of which the parcel being sold is 1 acre. $19 ,910 . 00 X . 086284 270 30 X 365 = $42.36 850339 / i r' "77/),"-- / B 1086 REC 02026709 09/30/85 15: 58 $0.00 2/002 F 0390 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO This proportionment of real property taxes on said described real property is to be considered final settlement. SELLERS: Ro a p/Monroe UBSCRIBED AND SWORN to before me this .47 a- day of 1rvr.1.1. th, , 1985 . WITNESS my hand and official seal. C`. T.L L • t : t ' O A/ /i�-!milU . dL No ary Publicy--f t My commission expires: 11-1/2, itkuill , a r-0603/ F. al,c7,4. Alice E. Monroe SUBSCRIBED AND SWORN to before me this J7 -/ day of , 1985 . WITNESS my hand and official seal. gl." N©'; -,,7 ) ` Notary Pub‘ Cl . ;,r c,< \,, PURCHASER: ATTEST: Tewitotea BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i wet epnpy lerk and Recorder an releothe Bo d By o-�,.,,,.n_ c. Jacque�4ine Joh on, Chairman _ moty C rk I -' 2 ^.2 (---7[. / 1;1� wI AR2026710 —� _Recorder ltarrm iy -(heat. 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 GRANTEE 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(s)and places)of residence: it the spouse of the owner-grantor is joining in this Deed to release homestead rights. identify grantors as husband and wife.) Roger A. and Alice E. Monroe, in joint tenancy 15093 Weld County Road 5 Longmont, CO 80501 GRANTEE: (Give names)and address(es): statement of address, including available road or street number, is required) Board of County Commissioners of Weld County, Colorado 915 Tenth Street Greeley, CO 80631 FORM OF CO-OWNERSHIP: (If there are two or more grantees named, they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) PROPERTY DESCRIPTION: (Include county and state.) See Exhibit "A" B 1086 REC 02026710 09/30/85 15: 58 $0. 00 1/003 F 0391 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • CONSIDERATION: (The statement of a dollar amount is optional; adequate consideration for this deed is ill be presumed unless this conveyance is identified as a gift; in any case this conveyance is absolute. final and unconditional) Good and valuable consideration RESERVATIONS-RESTRICTIONS: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns.or if the GRANTOR is restricting the GRANTtt'S rights in the property, make appropriate indication ) .i ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above) See Exhibit "B" Signed on , 19 O7ci 41074>eel-.� Attest: , Ro er/A. Monroe Grantor • , Alice E. Monroe Grantor a ;SM₹E OF COLE �D0 ss. r. C�inky Weld Grantor a1 r:Y 7Re,foF irig instrument was acknowledged before me this 01.7 day of it_, . 19 85 hy. •Roger•;A'.'Monroe WiTNES.5 my hand and official seal. , My commission expires: 2/Y/5'y Notary Public rI/.5 /Oa- STATF OF Colorado rli) ,o. de ,.COUNTY OF 'Weld ) 55' Thg..ffoor 'reegoirig instrument was acknowledged before me this ,, 7 fti" :day of tic.i.A4 , 19 kC rCNYFSSiOrhan �d offfi nrop i � al seal. u MV � ssic0'#x fires: 3/7 we, \c o 7 Notary Public�� td a-'le,�� , --:977 Ur'l)rf T'f'e,t E-GF,I'FORMS All 1 P.O. BOX'1815, GREELEY, COLORADO 80632 B 1086 REC 02026710 09/30/85 15: 58 $0. 00 2/003 F 0392 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" LEGAL DESCRIPTION A tract of land situate in the Southeast 1/4 of Section 17 , Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. More particularly described as follows: Considering the South line of said Southeast 1/4 as bearing N 90°00 ' 00" E and with all bearings contained herein relative thereto; Beginning at the South 1/4 corner of said Section 17; thence along the South line of the Southeast 1/4 , North 90°00 ' 00" East, a distance of 1393. 33 feet to the TRUE POINT OF BEGINNING; Thence N 01°11 ' 34" West, 208 .73 feet; Thence N 90°00 ' 00" East, 208 .73 feet; Thence S 01°11 '34" East, 208 . 73 feet; Thence S 90°00 ' 00" West, 208 .73 feet to the TRUE POINT OF BEGINNING. SUBJECT to all rights-of-way, easements and restrictions as now in use or of record. Said tract contains one (1) acre gross more or less. B 1086 REC 02026710 09/30/85 15: 58 $0. 00 3/003 F 0393 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" 1 . 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 of Weld County, recorded October 14 , 1889 , in Book 86 at Page 273. 2 . Right of way for a county wagon road, as granted to Weld County in Quit Claim Deed recorded July 19 , 1883 , in Book 43 at Page 1 , affecting the following described property: A strip of land 30 feet wide off of the South side of SEQ of Section 17 , Township 3 North, Range 68 West of the 6th P.M. 3 . Easement and right of way to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair, and remove such electrical facilities and appurtenances thereto, either above ground or underground, as granted to Union Rural Electric Association, Inc. , in Right of Way Easement recorded October 19 , 1970 , on Book 634 as Reception No. 1556278 , affecting the following described property: An easement 12 feet in width, lying North of and adjoining a public road now constructed along the South line of Section 17 , Township 3 North, Range 68 West of the 6th P.M. 4 . Oil and Gas Lease between Raymond J. Runyan, Lessor, and Calvin Petroleum Corporation, Lessee, for a primary term of 3 years, recorded June 27 , 1980 , in Book 907 as Reception No. 1828579 , and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to ' 73 CRS 38-42-106 , by CAPCO, recorded April 13 , 1983 , in Book 993 as Reception No. 1923373 . 5 . All oil, gas, gravel, and other minerals and mineral rights as reserved by Moody Land & Auction Co. , a Colorado Corporation, in the Deed to Roger A. Monroe and Alice E. Monroe recorded May 4 , 1983 , in Book 995 as Reception No. 1925685 , and any interests therein or rights thereunder. Hello