HomeMy WebLinkAbout850321.tiff RESOLUTION
RE: APPROVE FARM LEASE AGREEMENT BETWEEN WELD COUNTY AND BENJAMIN
AND JOANNE KNAUB AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Farm Lease
Agreement between Weld County and Benjamin and Joann Knaub
concerning real property owned by the County located in the North
Half of the North Half of Section 6 , Township 3 North, Range 65
West of the 6th P.M. , Weld County, Colorado
WHEREAS, after review, the Board deems it advisable to
approve said Farm Lease Agreement and authorize the Chairman to
sign said Agreement, a copy being attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Farm Lease
Agreement between Weld County and Benjamain and Joanna Knaub be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
October, A.D. , 1985 , nunc pro tunc October 15 , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: \11, ill
/s " � mi WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J ue ne Joh sin, Chairman
igaint
BY: I ` J .ZLU ne RBrantnerPro-Tem
Deputy County Clerk /
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APPROVED AS TO FORM:
County Attorney EXCUSED D E OF SIGNING - AYE
Frank Yamaguchi
2 850321
AR202a582
AGREEMENT TO ALLOW BENJAMIN AND JOANNE KNAUB
TO USE CERTAIN LANDS OWNED BY WELD COUNTY, COLORADO
FOR FARMING PURPOSES
THIS AGREEMENT, entered this /5y-ti day of (7e, iti
1985 , by the parties hereto, Weld County, Colorado, by and through
the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, 915 Tenth
Street, Greeley, Colorado 80631 , hereinafter "County, " and
BENJAMIN KNAUB AND JOANNE KNAUB, 3080 South Jay Street, Denver,
Colorado 80227 , hereinafter "Farmers. "
WITNESSETH:
That for good and valuable consideration received by County,
County hereby agrees to allow Farmers the right to farm the land
below County' s tower on the following described real property that
is owned by County:
A tract of land located in the North Half of
the North Half of Section 6 , Township 3 North,
Range 65 West of the 6th P.M. , Weld County,
Colorado, and being more particularly
described as follows: Commencing at the
Northwest Corner of said Section 6 and
considering the North line of said Section 6
to bear North 89°41 '06" East with all other
bearings contained herein being relative
thereto; thence North 89°41 ' 06" East, 2189.80
feet to the TRUE POINT OF BEGINNING; thence
North 89°41 ' 06" East, 839 . 16 feet; thence
South 00 °18 ' 54" East, 30 .00 feet; thence South
29°41 ' 06" West, 839 . 16 feet; thence North
30°18 '54" West, 839 . 16 feet; thence North
00°18 '54" West, 30 .00 feet to the TRUE POINT
OF BEGINNING; said tract of land contains
7.578 acres of which 0 . 578 acres are included
in Weld County Road #38 right-of-way,
resulting in a net area of 7 . 000 acres , more
or less.
Said parcel of land is hereinafter referred to as the "Parcel"
according to the terms and conditions set forth herein.
The Agreement herein is subject to the following conditions:
1 . Term of Agreement. This Agreement shall remain in
effect for a period of one year from its date of signing, and
shall renew itself automatically for successive one year periods,
unless and until either party serves upon the other a notice of
termination of this Agreement. Said notice of termination must be
received at least three months before the end of any one year
period. Farmers shall have a right of entry on the parcels
B 1088 REC 02028582 10/15/85 15: 46 $0. 00 1/002
F 0289 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
subsequent to the date of termination to cultivate and harvest any
crops which may still be in production upon that date.
2 . Allowed Use. Farmers shall refrain from using Parcel in
any manner other than the growing of crops . Farmers shall
construct no buildings nor other structures upon Parcel.
N o IN WITNESS HEREOF, the parties hereto have subscribed their
o u names this isy1 day of Othre_L).__. , 1985 .
N O COUNTY OF WELD, COLORADO, BY
a AND THROUGH THE BOARD OF COUNTY
0o
3 � COMMISSIONERS OF WELD COUNTY,
o x ATTEST: I' I 6L.� .L "` COLORADO
e
oWeld Cow:* Jac/and Recorder
U and Cler I the- Bo • B • •
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w •4•:' /y' • - • J cqu ine Jo n, Chairman
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w SUBSCRIBED AND SWORN to before me this /6"--d•- day of
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CO w ;f46Er , 19 c1 by Benjamin Knaub.
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Z ,.4,11,C)...•WIT TE5S my hand and official seal.
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o a, ,„F on;commission expires. 0/7 ,
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Joa''nne Knaub <
UBSCRIBED AND SWORN to before me this /cV' day of
((Janice✓ , 19 is,— by Joanne Knaub.
;n9,1eriNgSS my hand and official seal. i
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a.. cp:Fission expires: 744, 6ree , CO 80631
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HWrrdnly (Deal,
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: trove namels) and place(s)of residence, if the spouse of the owner-grantor is joining in this Deed to release homestead rights.
identify grantors as husband and wife )
Benjamin and Joanne Knaub
380 South Jay Street
Denver, CO 80227
GRANTEE: (Give name(s)and address(es), statement of address, including available road or street number, is required )
County of Weld, a body corporate and politic, c/o Board of County
Commissioners of Weld County, Colorado, 915 Tenth Street, Greeley,
Colorado 80631
FORM OF CO-OWNERSHIP: (II 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 ) A tract of land located in the North
Half of the North Half of Section 6 , Township 3 North, Range 65 West
of the 6th P.M. , Weld County, Colorado, and being more particularly
described as follows : Commencing at the Northwest Corner of said
Section 6 and considering the North line of said Section 6 to bear
North 89°41 ' 06" East with all other bearings contained herein being
relative thereto; thence North 89°41 ' 06" East, 2189 . 80 feet to the
TRUE POINT QF BEGINNING; thence North 89°41 ' 06 " East, 839 .16 feet;
thence South 00°18 ' 54 " East, 30 . 00 feet; thence South 29°41 ' 06" West,
839. 16 feet; thence North 30°18 ' 54 " West, 839 .16 feet; thence North
00°18 ' 54" West, 30 . 00 feet to the TRUE POINT 'OF BEGINNING; said
tract of land contains 7 . 578 acres of which 0 . 578 acres are included
in Weld County Road #38 right-of-way, resulting in a net area of
7. 000 acres , more or less.
CONSIDERATION: (The statement of a dollar amount is optional, adequate eunsideration for this deed ssill be presumed unless this
conveyance is identified as a gift; in any case this conveyanr e rs absolute, final and um ondilronal )
FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($15 , 750. 00)
RESERVATIONS-RESTRICTIONS: IIt the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or
if the GRANTOR is restricting the GRANT I.I'S rights in the property, make appropriate indication l
B 1088 REC 02028583 10/15/85 15 : 46 $0. 00 1/002
F 0291 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above.)
See Exhibit "A"
Signed on ' "" t^`� I� , 19 �. '�j,,' /) l'(rt.'T'.' &4j
Ati-kli ' •%`7;' Benj ami Knaub Grantor
. . '
' • Joanne Knaub
St 4// () Grantor
JF O(QRADO %LAv��
i�oCOk>AEr1JF WELD ) ss. /; n Grantor
r-'6'•
st„psVIAlfpfrprngthistrument was acknowledged before me this l-46-9" day of (9L dt( , 19 21e
9),Gy n njamin Knaub
? is�ItNESS'my hand and official seal.
, t..„„„:.„..(
iinFr$'s'sion expires: thin
, � �4 , -1= Notary Public Gee//ey , Lri 5/1)
ST• tt'F: ) ss.
a�t t�Ty pi ' WELA ) r
,.k'.� eaei. otng instrument was acknowledged before me this /5 day of Lac
T , 19 d�'
V, Joanne Knaub
eV,
hand and official seal.jet
1
ls1 ' „'vissionexpires: ./7/�> __� �._ `-h�J
19,4
,•l Ay _.. Notary' Public°reeky, co
A.,9# kU trAn..l_F:3A'1_ FORMS NO a
P.ON)J2,orretys; cr,�et FY, COLORADO 80632 E_-��� ct
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EXHIBIT A
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 for Weld County, recorded
October 14 , 1889 , in Book 86 at Page 273 .
2 . Reservations of (1) right of proprietor of any penetrating
vein or lode to extract his ore; and (2) right of way for any
ditches or canals constructed by authority of United States,
in U.S. Patent recorded March 25 , 1913 , in Book 370 as
Reception No. 187444 .
(Affects NE4 6-3-65)
3 . Reservation of right of way for any ditches or canals
constructed by authority of United States , in U.S . Patent
recorded September 19 , 1917 , in Book 461 as Reception No.
258951 .
(Affects NWa 6-3-65)
4 . Oil and gas lease between Benjamin Knaub and Joanne Knaub and
Martin Oil Service, Inc. , dated April 12 , 1979 , recorded
April 4 , 1979 , in Book 864 as Reception No. 1786364 , 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 Martin Exploration Management Corporation, recorded
April 13 , 1981 , in Book 933 as Reception No. 1854 891 .
5 . The effect of any failure to comply with the terms, covenants
and conditions of the contracts or agreements described or
referred to in Schedule A.
B 1088 REC 02028583 10/15/85 15: 46 $0. 00 2/002
F 0292 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
C
FOtiM NO. C-5000
Colorado Region Form 342
ALTA Owners Policy—Form B—1970
Amended 10-17-70
/di:1"4AP
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.
Transamerica Title Insurance Company
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1r fr ;�'� }"ice__ 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
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 (Hi) 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
age hereunder. for which such prompt notice is required; provided, however,
(c) "knowledge": actual knowled that failure to notify shall in no case prejudice the rights of any
ge, not constructive such insured under this policy unless the Company shall be
knowledge or notice which may be imputed to an insured by preiudiced 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
in Schedule A, and improvements affixed thereto which by law (c) The Company shall have the right at its own cost to
constitute real property; provided, however, the term "land" institute and without undue delay prosecute any action or
does not include any property beyond the lines of the area proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or
specifically described or referred to in Schedule A, nor any
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
it shall be liable thereunder, and shall not thereby concede herein shall modify or limit the extent to which a right of
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-
of) "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,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF to appeal from any adverse judgment or order.
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 CLAIM TO BE GIVEN BY AN INSURED CLAIMANT In addition to the notices required under gr
aph p 3(b)
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
•
DIVISION OF INSURANCE
P �F
X4,0 DEPARTMENT OF REGULATORY AGENCIES
' 106 STATE OFFICE BUILDING • 201 E.COLFAX AVE.
late DENVER.COLORADO 80203
STATE OF COLORADO
RICHARD D. LAMM
CRICHARD BARNES.C.L.U. May 1, 1977
ennissioNER
ROBERT L BROWN
Dow,Con Nissia NER
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 p, ons to cross your property or to place utilities acrc Jour 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 ColoradoCommissioner 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 S- 1970 (AMENDED 10-17-701
SCHEDULE A
Policy No. 8019923
Amount of Insurance$ 15, 750 . 00 Order No.
Date of Policy October 16 , 1985 Sheet 1 of 3
7 : 00 A.M.
1. Name of Insured:
WELD COUNTY, a Political Subdivision 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 Political Subdivision 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 B-1970 (AMENDED 10-17-70)
8019923
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:
A tract of land located in the NZ of the 111/2 of Section 6, Township
3 North, Range 65 West of the 6th P .M. , and being more particularly
described as follows:
COMMENCING at the Northwest Corner of said Section 6 and considering
the North line of said Section 6 to bear N89°41 ' 06 "E with all other
bearings contained herein being relative thereto;
thence N89°41 ' 06"E, 2189 .80 feet to the TRUE POINT OF BEGINNING;
thence N89°41 ' 06 "E, 839 .16 feet;
thence S00°18 ' 54"E, 30 . 00 feet;
thence S29°41 ' 06 "W, 839 .16 feet;
thence N30°18 ' 54 "W, 839 . 16 feet;
thence N00°18 ' 54 "W, 30 .00 feet to the TRUE POINT OF BEGINNING
FORM NO. C-6000-38
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17-70)
8019923
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. Any and all unpaid taxes and
assessments .
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 . Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S . Patent
recorded March 25, 1913 in Book 370 as Reception No. 187444 .
(Affects NEa 6-3-65)
8 . Reservation of right of way for any ditches or canals constructed by
authority of United States, in U .S. Patent recorded September 19,
1917 in Book 461 as Reception No . 258951 .
(Affects NWa 6-3-65)
9 . Oil and gas lease between Benjamin Knaub and Joanne Knaub and
Martin Oil Service, Inc . , dated April 12 , 1979 , recorded April 4 , 1979
in Book 864 as Reception No. 1786364 , 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 Martin Exploration
Management Corporation, recorded April 13 , 1981 in Book 933 as
Reception No. 1854 891 .
10 . Terms, agreements , provisions , conditions and obligations as
contained in Agreement to Allow Benjamin Knaub and Joanne Knaub
to use Certain Lands owned by Weld County, Colorado for Farming
Purposes, recorded October 15 , 1985 in Book 1088 as Reception
No. 02028582 .
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
The Company shall have the option to pay or otherwise be deemed a payment under this policy to said insured owner.
settle for or in the name of an insured claimant any claim in-
sured against or to terminate all liability and obligations of 10. APPORTIONMENT
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
(ii) the amount of insurance in Schedule A. attached hereto.
(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
(c) When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme-
with the conditions of this policy, the loss or damage shall be dies which such insured claimant would have had against any
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
7. LIMITATION OF LIABILITY claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
No claim shall arise or be maintained under this policy such right of subrogation and shall permit the Company to
(a) if the Company, after having received notice of an alleged use the name of such insured claimant in any transaction or
defect, lien or encumbrance insured against hereunder, by ddoes not on involvingloss
such s ed claimant,ai . f the payment
litigation or otherwise, removes such defect, lien or encum- shall cover the to to such such insured an ed the Company
pro-
brance or establishes the title, as insured, within a reasonable shall be subrogated to rights and remedies in the time after receipt of such notice; (b) in the event of litigation portion 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 t from any p act of such insured claimant,
that
petent jurisdiction, and disposition of all appeals therefrom, act shall be not void this policy, but t part
of any in s
adverse to the title, as insured, as provided in paragraph 3 event, required to pay only that part of losses
hereof; or (c) for liability voluntarily assumed by an insured insured against hereunder which shall exceed the amount, if
in settling any claim or suit without prior written consent of any, lost to the Company by reason of the impairment of the
the Company. right of subrogation,
8. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY
All payments under this policy, except payments made for This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
costs, attorneys' fees and expenses, shall reduce the amount
of the insurance pro tanto. No payment shall be made without entire policy and contract between 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
9. LIABILITY NONCUMULATIVE and stipulations of this policy.
No amendment
It is expressly understood that the amount of insurance made except bywriting 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
the estate or interest described or referred to in Schedule A, 13. NOTICES, WHERE SENT
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.
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