HomeMy WebLinkAbout860599.tiff RESOLUTION
RE: AUTHORIZE CHAIRMAN TO SIGN SPECIAL WARRANTY DEEDS CONCERNING
COUNTY PROPERTY/ESPANOLA SUBDIVISION
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 , on June 18 , 1986 , the Board approved the sale of two
parcels of County property located in the Espanola Subdivision to
Robert V. Frank, and
WHEREAS, said parcels are located in the NWQNEQ of Section
36 , and the SWaSE4 of Section 25 , Township 6 North, Range 66 West
of the 6th P.M. , Weld County, Colorado, containing approximately
15 acres , and being more particularly described in the Special
Warranty Deeds , and
WHEREAS, the Board deems it advisable to authorize the
Chairman to sign the Special Warranty Deeds from Weld County, l o
Colorado, to Robert V. Frank, copies of said Deeds being attached o
hereto and incorporated herein by reference. 4i ~.a w
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NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Chairman be , and t9
hereby is, authorized to sign the two Special Warranty Deeds from z n
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Weld County to Robert V. Frank concerning the hereinabove
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described property. z o
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The above and foregoing Resolution was , on motion duly made mN
and seconded, adopted by the following vote on the 2nd day of a ul
July, A.D. , 1986 . En
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BOARD OF COUNTY COMMISSIONERS tl)�
ATTEST:till WELD COUNTY, COLORADO z\
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Weld County Clerk and Recorder r °'
and Clerk to the Board cqu o s n Chairman z
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BY: _- CS?1i4)( toi o acy -Tem iz o
eputy County erk on
EXCUSED _ z
APPROVED AS TO FORM: Gene R. Brantner a a,
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(1 C.VT. l y ro
A. :,_ County Attorney •
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860599
f ?h(ZFORTEDCJOPY r
Recorded at o'clock _ . M, on Book Page
Reception No. Recorder
c - `Wpecial `WarrarLtr`Deed
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 otherentity(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 against all persons
claiming under the GRANTOR,except for any particular matters described below under"Additional Warranty Exceptions,"and ex-
cept for any of the following matters established by the GRANTOR and evidenced by recorded document: easements,rights-of-
way,mineral grants,mineral leases,and protective convenants and restrictions.The GRANTOR does not warrant against the lien of
the general property taxes for the year of this Deed.
The Specific Terms of This Deed Are:
Grantor: (G we name(s)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.)
County of Weld
915 10th Street
Greeley, Colorado 80631
Grantee: (Give name(s) and addressles)'.statement of address, including available road or street number, is required.)
Robert V. Frank
1443 41st Avenue
Greeley, Colorado 80634
Form of Co-Ownership: (It 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.)
All that part of the Southwest Quarter of the Southeast Quarter of Section 25,
Township 6 North, Range 66 West of the 6th Principal Meridian, Weld County,
Colorado, lying south of County Road 64, being more particularly described as
follows:
Beginning at the Northwest corner of the Spanish Colony, thence north
00°27'07" East, 128.00 feet to a point in the south line of Weld County Road
64; thence along the south line of County Road 64 North 85°35'25" West,
758.93 feet; thence South 00°20' 19" West, 195.72 feet; thence North 89°17'28"
East, 757. 15 feet to the point of beginning; said parcel containing 2.813
#kepet#g#M9ressf- acres, more or less.
Consideration: (The statement of a dollar amount is optional.adequate consideration for this deed will be presumed unless this conveyance is
identified as a gift, in any case this conveyance is absolute. final and unconditional)
$1,979.45
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 GRANTEE'S right in the property, make appropriate indication.) 1TJ to
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Reserving unto the grantor all mineral interests thereunder and all w �'
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water rights which may be attached or appurtenant to the property. ,a N
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Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) Z x1
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Executed by the Grantor on , 19 i t --I
Signature Clause for Corporation,Partnership or Association: Signature Clause for Indlvldual(s): Cs7 b-
County of Weld
Grantor m 1--r
Name of Grantor. Corporation. Partnership or Association Ij co
Jacqueline Johnson t■1 \
By Board of County Commissioners H k'
Grantor 7'
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/1 .3•.- -- Grantor
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Attest r^""A• """`^'`
JVj O 7d I�
STATE OF COLORADO ) By•. 0T711iJ1t ,cR�
COUNTY OF WELD 1 ss. Deputy County Cl rk Pi o
The foregoing instrument was acknowledged before me this 17t day of October 1986
By' Jacqueline Johnson, Chairman of the Weld Count Board of C unty Commissioners 0
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My NESS my hand and official 87/cal. ,, z- /• / tt�
My commission expires: 8 7 B9 LC. t—l�r Nol ry Public '� O
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STATE of 915 Tenth(Streec £ o
COUNTY OF ) ss. Greeley, CO 80631 ft, o
The foregoing instrument was acknowledged before me this day of 19
By • C)
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PnameindwidualGrantor(s)or if Grantor is Corporation.Partnership or Association,then identify signers as president or vice president and secretary or \
assistant secretary of corporation:or as partner(s)of partnership, or as authorized member(s) of association.) O
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WITNESS my hand and official seal -. 1
' Nt7ED COPY o
My commission expires: Notary Public
e 1981 UPDATE LEGAL FORMS
P O Box 1815- Greeley, Colorado 80632
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(303) 356-6780 -- -. -- No.202
Recorded at o'clock _. M, on Book _ Page
Reception No. Recorder
`c�pecial `Warrarrty-`Deed
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 against all persons
claiming under the GRANTOR,except for any particular matters described below under"Additional Warranty Exceptions."and ex-
cept for any of the following matters established by the GRANTOR and evidenced by recorded document: easements, rights-of-
way,mineral grants,mineral leases,and protective convenants and restrictions.The GRANTOR does not warrant against the lien of
the general property taxes for the year of this Deed.
The Specific Terms of This Deed Are:
Grantor: (Give name(s)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.)
County of Weld
915 10th Street
Greeley, Colorado 80631
Grantee: (Give name(s) and addressles):statement of address, including available road or street number, is required)
Robert V. Frank
1443 41st Avenue
Greeley, Colorado 80634
Form of Co-Ownership: (If there are Iwo 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 slate.)
All that part of the Northwest Quarter of the Northeast Quarter (NWiNEU) of Section
Thirty-six (36) , Township Six (6) North, Range Sixty-six (66) West of the Sixth (6th)
Principal Meridian, described as follows, to-wit:
Beginning at a point on the North line of the NWkNEi of said Section 36, 757.5 feet
East of the Northwest Corner (NWCor) of the said NWiNEi ; thence running South 664
feet to a point; thence running West to the West line of said NWiNEk ; thence running
North on the West line of said NWiNEk 664 feet more or less to the Northwest Corner
(NWCor) of the NWkNEi ; thence East 757.5 feet along the North Line of said NWkNE to
the point of beginning. Parcel containing 11.540 acres, more or less.
Property Address:
Consideration: (The statement of a dollar amount is optional:adequate consideration for this deed will be presumed unless this conveyance is
identified as a gift: in any case this conveyance is absolute, final and unconditional.)
$8, 120.55
Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns.or it the GRANTOR M W
is restricting the GRANTEE'S right in the property. make appropriate indication)
Reserving unto the grantor all mineral interests thereunder and all
m water rights which may be attached or appurtenant to the property. w N
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a Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
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Executed by the Grantor on 19 t9
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Signature Clause for Corporation,Partnership or Association: Signature Clause for Individualist:
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County of Weld -3 E'
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Name of Grantor: Corporation. Partnership or Association Grantor tW\
Jacqueline Johnson - H —i
By Board of County Commissioners 2 J
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Grantorcn
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By Csj
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Att •
G Grantor
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STATE OF COL RAUO
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COUNTY OF WELD ) ss. Deputy Coun Clerk
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The foregoing instrument was acknowledged before me this 17th / day of October , 1986
BY . Jacqueline Johnson, Chairman of the Weld County oard of C/o.{(/7��.{,ltyy Commissioners tri
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WITNESS my hand and official seal. <<]'a r-C-li �.V O
My commission expires: 8/7/89 �,�J
7 Notary Public • o
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STATE OF ) 15 Tenth treet �-t
COUNTY OF 1 ss' Greeley, CO 80362
The foregoing instrument was acknowledged before me this day C'1
By of 19
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('name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identity signers as president or vice president and secretary or n O
assistant secretary of corporation;or as partner(s) of partnership:or as authorized member(s) of association.) • I-'
WITNESS my hand and official seal. �^o�f
My commission expires: PURPORTED C.OF"r
Notary Public
r 1981 UPDATE LEGAL FORMS
P O Box 1815-Greeley. Colorado 80532 - •.. ..
(303) 356-6780
AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY
THIS AGREEMENT, made at Greeley, Colorado , this day
of , 1986 , between go&RI V I=RANk
hereinafter "Purchaser" , and County of Weld, State of Colorado,
by and through the Board of County Commissioners of the County
of Weld , 915 10th Street, Greeley, Colorado, 80631 , hereinafter
"Seller" .
WITNESSETH:
That in consideration of the payment by the Purchaser to
the Seller of the sum of TEA) TND0S44/D ONE NON7RHD POLLAR5
($ 16), 100,00 ) , and other good and valuable consideration, Seller
agrees to sell to the Purchaser and the Purchaser agrees to
purchase from Seller the land and improvements upon the
following real property:
All that part of the Southwest Quarter of
the Southeast Quarter of Section 25 ,
Township 6 North, Range 66 West of the 6th
Principal Meridian , Weld County, Colorado,
lying south of County Road 64 , being more
particularly described as follows:
Beginning at the Northwest corner of the
Spanish Colony , thence north 00°27 ' 07" East ,
128 . 00 feet to a point in the south line of
Weld County Road 64 ; thence along the south
line of County Road 64 North 85°35 ' 25" West,
758 . 93 feet; thence South 00°20 ' 19" West,
195 . 72 feet; thence North 89° 17 ' 28" East,
757 . 15 feet to the point of beginning; said
parcel containing 2. 813 acres , more or less ,
and
All that part of the Northwest Quarter of
the Northeast Quarter (NW1/4NEa) of Section
Thirty-six (36) , Township Six (6) North,
Range Sixty-six (66) West of the Sixth (6th)
Principal Meridian, described as follows ,
to-wit:
Beginning at a point on the North line of
the NWgNE' of said Section 36 , 757 . 5 feet
East of the Northwest Corner (NWCor) of the
said NW1/4NE'-4; thence running South 664 feet
to a point; thence running West to the West
line of said NWyNE;; thence running North on
the West line of said NWaNE1/4 664 feet more
or less to the Northwest Corner (NWCor)
Page 1 of 3 Pages �^
of the NWnNEa; thence East 757 . 5 feet along
the North line of said NWgNE4 to the point
of beginning. Parcel containing 11 . 540
acres , more or less .
RESERVING unto the grantor all mineral
interests thereunder and all water rights
which may be attached or appurtenant to both
parcels.
Said real property is hereinafter referred to as the "Property"
according to the terms and conditions set forth herein.
The agreement of sale and purchase of Property is subject
to the following conditions :
1 . Seller shall furnish to Purchaser a Special Warranty
Deed , which shall convey the Property. Title insurance shall be
provided by Seller .
2. The date of closing shall be the date of delivery of
deed and receipt of full payment as agreed upon by both parties .
3 . 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
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 .
4 . Possession of the Property shall be delivered to
Purchaser upon closing.
Page 2 of 3 Pages
5 . In the event the Property is substantially damaged by
flood or other casualty between the date of this Agreement and
the date of delivery of the deed , Purchaser may elect to
terminate this Agreement; in which case , all payments and other
things of value received hereunder shall be returned to
Purchaser. - -
6 . If this proposal is accepted by Purchaser in writing
and Purchaser' s bid is accepted by Seller, this instrument shall
become a contract between Seller and Purchaser and shall inure
to the benefit of the heirs , successors , and assigns of such
parties.
IN WITNESS�,c�HEREOF, the parties hereto have subscribed their
names this
,,, / day of June , 1986 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County lerk & Recorder
and Clerk to the Bo BY:
Chairman
D puty County Cl rk
- (THE FOLLOWING SECTION TO BE COMPLETED BY PURCHASER. )
Purchaser- accepts the above proposal this day of June ,
1986 .
/'1q3 YI ,-ve
CREr,LI c y dole pUY+/
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SUBSCRIBED AND SWORN to before me this /S day of
986 .
pY WI T Pitii and official seal.
.:KATHLEEN E.`•1 Public
1/-,
80PP Notary
M :nmission`�+ ires: //,�9- A9
lFof ......
Page 3 of 3 Pages
�-I_FORM NO. C-S000I_ •-�.�- �-� �. .����. .- �- �. �. .��. �. .. . .. �. �. .-�. . -. ��-;r II r 1 Colorado Region Form 342 1)
ALTA Owners Policy—Form B—1970 r
4 Amended 10-17-70 11
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; POLICY OF TITLE INSURANCE !;
; ISSUED BY
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I TRANSAMERICA TITLE INSURANCE COMPANY 11
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i SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- y
1r TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
r; HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the
1i Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding I'I
4 the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the ri
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Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: It
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1 1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
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2.Any defect in or lien or encumbrance on such title; p1
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3. Lack of a right of access to and from the land; or r,
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14 4. Unmarketability of such title.
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I IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed :t 1
,; and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. /1
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Transamerica Title Insurance Company
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By rr rr j°i₹, .l. ,,DIA,V President
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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
(h) "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,
that failure to notify shall in no case prejudice the rights of any
(c) "knowledge-: actual knowledge,g , 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 he
does not include any property beyond the lines of the area necessary or desirable to establish the title to the estate or
specifically described or referred to in Schedule A, nor any interest as insured, and the Company may take any appro-
right, title. interest, estate or easement in abutting streets, priate action under the terms of this policy, whether or not
roads. avenues, alleys, lanes, ways or waterways, but nothing it shall be liable thereunder, and shall not thereby concede
herein shall modify or limit the extent to which a right of liability or waive any provision of this policy.
access to and from the land is insured by this policy.
(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-
( visions of this policy, the Company may pursue any such
f) "public records": those records which by law impart
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 (e) In all cases where this policy permits or requires the
TITLE
Company to prosecute or provide for the defense of any action
The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to the
Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such
retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the
ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for
chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, such
have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such
such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence,
interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action
force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured
said estate or interest or the indebtedness secured by a pur- for any expense so incurred.
chase money mortgage given to such insured.
4. NOTICE OF LOSS— LIMITATION OF ACTION
3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph 3(b)
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations. a statement in writing
(a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company
delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Company
tion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall have been de-
such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured
action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been
in said land. to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage
an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this policy
against by this policy. as to such loss or damage.
Continued on Front of Back Cover
FORM NO. C-5OOO.1
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 5- 1970 (AMENDED 10-17-70)
SCHEDULE A
Polly N0. 8022108
Amount of Insurance$ 10 , 000 . 00 Order No.
Date of Policy October 18 , 1986 Sheet 1 of _ 4_
7 : 00 A.M.
1. Name of Insured:
ROBERT V. FRANK
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:
ROBERT V. FRANK
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 E-1970 (AMENDED 10-17-70)
8022108
Sheet 2 of 4
SCIIEDULE A Continued
The land referred to in this policy is situated in the State of Colorado, County of
Weld , and is described as follows:
PARCEL 1 :
All that part of the SW1/4 of the SE1/4 of Section 25, Township
6North, Range 66West of the 6th Principal Meridian, lying south
of County Road 64; being more particularly described as follows :
BEGINNING at the Northwest corner of the Espanola Subdivision , a
Subdivision of WELD COUNTY,
thence North 0°20' 07" East, 128 . 00 feet to a point in the South line
of County Road 64;
thence along the South line of County Road 64 North 85"35 ' 25" West,
758 . 93 feet;
thence South 0°20' 1911 West, 195 . 72 feet;
thence North 89°17 ' 28" East, 757 . 15 feet to the POINT OF BEGINNING:
PARCEL 2:
All that part of the Northwest Quarter of the Northeast Quarter
(NWaNEa) of Section Thirty-six (36) , Township Six (6) North, Range
Sixty-six (66) West of the Sixth (6th) Principal Meridian, described
as follows, to-wit:
BEGINNING at a point on the North line of the NWaNEa of said Section
36, a distance of 757 . 5 feet East of the Northwest Corner (NWCor) of
the said NWaNE4;
thence running South 664 feet to a point;
thence running West to the West line of said NWaNEa;
thence running North on the West line of said NEgNE4 664 feet more
or less to the Northwest Corner (NWCor) of the NWaNE4;
thence East 757 . 5 feet along the North line of said NWaNEa to the
POINT OF BEGINNING.
FORM NO. C-6OOO-3B
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10.17-70)
8022108
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 . Right of way for railroad 200 feet in width and in manner and form
as provided by the acts of Congress in relation thereto, as reserved
by the Denver Pacific Railway and Telegraph Company, in the Deed re-
corded April 29, 1870 in Book 1 at Page 540.
NOTE: The exact location of said right of way is not defined of
record.
(Affects Section 25)
7. An undivided 4/5 interest in and to right of way for the Butler-Howard
Ditch and Drainage System, as granted to Albert A. Butler and Albert
Howard by Agreement recorded May 7 , 1898 in Book 157 at Page 311 ,
affecting the following described property:
A strip of land 30 feet wide over and across the NEa of Section 36 ,
Township 6 North, Range 66 West of the 6th P.M. , said right of way
commencing on the West line of said NEa of Section 36 aforesaid about
40 rods South of the North quarter corner of said Section 36 and running
thence in a Southeasterly course on the course of the Butler Seepage
Ditch; to a point on the East line of said Section 36, a distance of
1168 feet North of the East quarter corner of said Section 36 .
8 . The policy to be issued will guarantee fee ownership and possession
in accordance with its provision, but will not guarantee market-
ability. Marketability will be guaranteed begining April 10, 1987 .
provided that no steps have at that time been initiated to set
aside or to otherwise impair the effect or validity of the Decree
recorded October 10, 1986 in Book 1131 as Reception No. 2072898 .
9 . All mineral interests thereunder, as reserved by The County of Weld in
the Deed to Robert V. Frank recorded October 17 , 1986 in Book 1132 as
Reception No. 02073724 , and any interests therein or rights thereunder .
FORM NO. C-6000-3C
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 6-1970 (AMENDED 10-17-70)
8022108
Sheet 4 of 4
SCHEDULE B—Continued
NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning under-
ground 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 property:
(1) Mountain Bell Telephone Company, recorded October 1 , 1981 in Book
949 as Reception No. 1870705 .
(b) Western Slope Gas Company, recorded March 9 , 1983 in Book 990 as
Reception No. 1919757 .
(c) Colorado Interstate Gas Company recorded August 31 , 1984 in Book 104]
as Reception No. 1979784 .
(d) Associated Natural Gas, Inc . , recorded April 23 , 1986 in Book 1110
as Reception No. 2050953 .
a C DIVISION OF INSURANCE
DEPARTMENT OF REGULATORY AGENCIES
16 �/ 106 STATE OFFICE BUILDING • 201 E.COLFAX AVE.
DENVER. COLORADO 80203
STATE OF COLORADO
RICHARD D. LAMM
CeICHAmissiRDEw UARNESCLUMay 1, 1977
ROBERT L BROWN
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,eworecte_CHARD BARNES, C.L.U.
Commissioner of Insurance
JRB:bI
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 persons to cross your property or to place utilities across 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 timelya 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.O-142.13
Continued from Back of Front Cover
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
The Company shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more
the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab-
costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the
of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if
ant and authorized by the Company. the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent
to Date of Policy. unless a liability or value has otherwise
(a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and
in no case exceed the least of: the insured at the time of the issuance of this policy and
(i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement
attached hereto.
(ii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under
costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company
When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme-
(c) dies which such insured claimant would have had against any
with the conditions of this policy, the loss or damage shall be person or property in respect to such claim had this policy not
payable within 30 days thereafter. been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect
No claim shall arise or be policy such right of subrogation and shall permit the Company to
if the Company. after ise b maintained n notice under this alleged use the name of such insured claimant in any transaction or
(a) P y- havingg litigation involving such rights or remedies. If the payment
defect, lien or encumbrance insured against hereunder, by does not cover the loss of such insured claimant, the Company
litigation or otherwise, removes such defect, lien or encum- shall be subrogated to such rights and remedies in the pro-
brance or establishes the title, as 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.
12. LIABILITY LIMITED TO THIS POLICY
8. REDUCTION OF LIABILITY
This instrument together with all endorsements and other
All payments under this policy, except payments made for
instruments, if any, attached hereto by the Company is the
costs, attorneys' fees and expenses, shall reduce the amount entire policy and contract between the insured and the
of the insurance pro Canto. No payment shall be made without Company,
producing this policy for endorsement of such payment unless Any claim of loss or damage, whether or not based on
thel policy be lost or shall b destroyed, in which the che atisf tiof such negligence, and which arises out of the status of the title to
the hss or destruction be furnished to satisfaction of the state or interest covered hereby or any action asserting
Company. such claim, shall he 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.
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