HomeMy WebLinkAbout910339.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR EXCHANGE OF REAL ESTATE INCLUDING LAND AND ANY AND
ALL IMPROVEMENTS WITH THE BRIGGSDALE FIRE PROTECTION DISTRICT 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 an Agreement for Exchange of
Real Estate including Land and any and all Improvements with The Briggsdale Fire
Protection District, with the terms and conditions being as stated in said
Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
Agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Exchange of Real Estate including Land
and any and all Improvements with The Briggsdale Fire Protection District 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 17th day of April, A.D. , 1991.
Jl�^��111� / BOARD OF COUNTY COMMISSIONERS
ATTEST: /i Il C4LN(•R�/!�4 WELD CO ' COyOR@]j9.
Weld County Clerk to the Board (%7��
Gordon E. Lacy, Chairman
Deputy Cark to the Board rGe ge Kenne y, Pro-Tem
APPROVED AS 0 FORM:
Constance L. Harbert
Gir
County Attorney C. W. Kirby ( '
W. ( s er -121111;1:1:2
910339
AR2248080
AGREEMENT FOR EXCHANGE OF REAL ESTATE
INCLUDING LAND AND ANY AND ALL IMPROVEMENTS
THIS AGREEMENT, made at Greeley, Colorado, this /�Jfh day of
April, 1991, by and between WELD COUNTY, COLORADO, a body corporate
and politic of the State of Colorado, by and through the Board of
County Commissioners of Weld County, Colorado, hereinafter referred
c o to as "Weld County" and THE BRIGGSDALE FIRE PROTECTION DISTRICT, a
o Special District organized according to the laws of the State of
r p Colorado, hereinafter referred to as "Fire District. "
o
q WITNESSETH:
a
0 3 In consideration of the mutual promises and covenants
o x contained herein and in consideration of the respective values of
"q the real properties which are the subject of this Agreement, Weld
x County agrees to exchange properties with Fire District as follows :
v Weld County shall receive title to the property which is described
,_ c4• in the attached Exhibit "A" which is currently owned by Lloyd
N Washburn. Mr. Washburn plans to convey all right, title, and
interest in said property to Fire District. Fire District then
� x shall convey said property to Weld County. In exchange for said
aproperty, Fire District shall receive the property described in the
rn o attached Exhibit "B. " Said property is currently owned by Weld
4:r z County, Colorado, and is used for the housing of a motor grader at
NH Briggsdale, Colorado. The properties as exchanged shall include
� Ew+ any and all improvements currently located thereon.
o cn
w The agreement for the exchange of said properties is subject
o w to the following conditions :
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az
N 1 . The exchange of the properties shall be on an even basis
o • and shall not require the exchange of further consideration, with
x the exception of those items agreed to in this Agreement.
w
x
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rn d' 2 . Fire District shall furnish to Weld County a Warranty
rl N Deed for the property described in Exhibit "A. " Weld County shall
w w contemporaneously furnish to Fire District a Warranty Deed for the
Page 1 of 4 Pages
Ji3J49
/PIV1la
property described in Exhibit "B. " Weld County shall purchase
title insurance only on the property described in Exhibit "A. "
Each property shall be surface interests only (excluding
mineral interests) . The property transferred to Weld County (see
o Exhibit "A" ) shall be subject to a thirty (30) foot access easement
reserved unto Lloyd Washburn and located on the east thirty ( 30)
i0 feet of the property.
V
4
o w 3 . General taxes on the properties described in Exhibits "A"
o and "B" for the year 1991, if any, shall be apportioned to the date
o w of delivery of the Deeds, based upon the most recent levy and the
o most recent assessment .
x
O
V
a 4 . The properties described in Exhibits "A" and "B" shall be
- free and clear of all liens for special improvements installed as
w
a' of the date of the parties ' signatures hereon, whether assessed or
~ a not; free and clear of all liens and encumbrances, and except the
ri recorded and/or apparent easements ; subject to all applicable
m u building and zoning regulations; and shall exclude all minerals .
c z Title for each property shall be merchantable in the respective
w owners prior to the date of the exchange.
E
o cn
a
o a 5 . The date of exchange of the properties described in
ow Exhibits "A" and "B" shall be the date of delivery of the Deeds .
co The hour and place of closing shall be agreed to by each party.
�r z
N Z
N a'
o r 6 . Possession of the properties described in Exhibits "A"
C.) C4 and "B" shall be delivered to the respective new owners upon
a £ closing and shall not be subject to any leases or tenancies .
io c
al Tr
N+ N 7 . The parties hereto represent and warrant as of the date
w w hereof and as of the date of the closing that neither the execution
of this Agreement nor the consummation of the transaction provided
for herein constitutes , or will result in, any breach of any of the
terms, conditions, or provisions, or constitute a default under any
indenture, charter, by-law, mortgage, loan agreement, lien, lease,
Page 2 of 4 Pages n1.0739
license, judgment, decree, order, instrument, or other verbal or
written agreement to which the seller is a party of or is subject
to, or to which the property is subject to, except as provided
herein.
co o
o U
0
M . 8 . All of the conditions stated herein shall be in full
U force and effect, notwithstanding the conveyance of the said
A parcels by Warranty Deeds, and shall not merge with said Warranty
o w Deeds .
0 3
o x 9 • Fire District agrees to pay for, solely at its own
�s1 expense, a line extension and hook-up for water to the property
odescribed in Exhibit "A. " The parties estimate the cost to be
U approximately $350 . 00, with an additional cost for plastic pipe to
also be paid for by Fire District. Weld County shall dig the
N necessary trench for the pipeline on WCR 392 .
a 10 . The parties agree that all of the improvements which are
W currently located on the property described in Exhibit "B" shall
u remain, including the propane tank currently sitting on the
property and hooked into the existing structure. Fire District
NH agrees to purchase and provide to Weld County at the property
F described in Exhibit "A" a propane tank of equal quality as that
which currently exists on the property described in Exhibit "B, "
• a solely at Fire District ' s own expense. Fire District shall provide
• w the tank to the site on the date and time established by Weld
o w County. Weld County shall pay for the installation and hookup of
vi z the propane tank once it is delivered to the site.
N .Z,
N r.C
11 . A fuel storage tank is currently buried on the property
U a described in Exhibit "A. " Weld County shall excavate the fuel
w tank, remove the same, and temporarily store the tank next to the
a
pit from which it was removed. Weld County will ask for an
VD rn � inspection by the Weld County Health Department to determine if any
H ry contamination has occurred in the soil in and around the fuel tank
w in its buried state. This excavation shall take place prior to the
date of closing. If the Weld County Health Department detects
contamination of said soil, Weld County will then pay up to
$2, 000 . 00 for any required independent evaluation and mitigation of
contamination at the site. The cost of the evaluation and the
mitigation beyond the $2 ,000 . 00 provided by Weld County shall
solely be the responsibility of Fire District. In the event that
Page 3 of 4 Pages
-' ,
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a contamination is detected, Weld County will have the option of
o w declaring this Agreement void and of no effect.
O3
O w 12 . The parties agree that Fire District and Lloyd Washburn
w will provide Weld County a temporary access easement to the
o property described in Exhibit "A" for the purpose of excavating
w said buried fuel storage tank and for the purpose of removing any
, a improvements and/or debris and leveling the property. Weld County
shall contact Fire District and Mr. Washburn prior to commencing
x these activities .
a
w IN WITNESS WHEREOF, the parties hereto have subscribed their
rn a
names this Olt day of April, 1991 .
�• z
`" H ATTEST: WELD COUNTY, COLORADO, by and
▪ F ; through the Board of County
o z Weld CouOty Clerk . 'the Board Commissioners of Weld County,
O ;�,.,,. Colorado
co
p /1 (�(
y 0O0 BY:_x_V tl c . J By:
Deputy Cl�k to the Board G , Chairman
N Q
O
C.) a BRIGGSDALE FIRE PROTECTION
a DISTRICT, a Special District
1/4O43
me
N BY: ,4*, ‘' i'c:,,
co w K Washburn, President
luSUBSCRIBED AND SWORN to before me this J 3-L.C-- day of
, 1991 .
WITNESS my hand and official seal .
\i'U d 1 G r J /j� I -1/1/77.
.4%,$ Notary Public
/T,''fiIark ssion expires :
NIY COM-P'CION EXPIRES JUNE 8, 1994
abriggsd. ssa
Page 4 of 4 Pages p
qJ 0'7:31
PROPERTY DESCRIPTION
TRACT #1 as indicated on that Land Survey Plat as recorded March
12 , 1991 in Book 1292 , as Reception Number 02243672 of the records
of the Weld County Clerk and Recorder (WCCR) and being part of the
North Half of the Northwest Quarter (N/12 NW1/4) of Section Twenty-
eight ( 28) , Township Eight (8) North, Range Sixty-two (62 ) West of
00O the Sixth Principal Meridian (6th P.M. ) , County of Weld, State of
o u Colorado and being more particularly described as follows:
in BEGINNING at the Section Corner common to Sections 20/21/28/29 ,
p T. 8N. , R. 62W. as monumented by a found PK nail and assuming the
O w North line of said Section 28 to bear North 89°40'52" East as
O 3 indicated on Recorded Exemption No. 0545-28-2-RE643 as recorded
o x January 30 , 1984 in Book 1019 as Reception Number 01954533 of the
" w records of the WCCR with all other bearings contained herein
a relative thereto. The Section Corner common to Sections
0 21/22/27/28 , T. 8N. , R. 62W. is monumented by a found carriage bolt:
w
� x
N #1 : THENCE North 89°40'52" East along said North line, 734 .69 feet
to the point of intersection with the Westerly Right-of-Way
" z (ROW) line of the abandoned Union Pacific Railroad (UPRR) .
a Said point also being the Easterly line of Weld County Road
rn v (WCR) #392 extended Northerly. Said point being the TRUE
c z POINT OF BEGINNING. Said point is calculated only and is not
N H monumented:
• W
a F
O z #2 : THENCE continuing North 89°40 '52" East along said North line
O of Section 28 , 250 . 15 feet to the point of intersection of
w w the Easterly ROW of the abandoned UPRR. Said point is
o oo calculated only and is not monumented. Said point also being
N• z the Northwest Corner (NW Cor) of Lot `B' of Amended Recorded
N Exemption 0545-28-2-RE971 :
O >4 #3 : THENCE South 01°40 '09" West along the Easterly line of said
u x abandoned ROW of the UPRR and the Westerly line of said Lot
a `B' of Amended Recorded Exemption, 30 .02 feet to a point on
1/4Or. the Southerly ROW line of the County Road ROW. Said point
NCI' being monumented by a set #4 rebar 18" in length with yellow
r-I N plastic cap stamped JONES #22098 :
A w #4 : THENCE continuing South 01°40'09" West, 590 . 66 feet to a point
being the Northeast Corner (NE Cor) of Lot `A' of Recorded
Exemption No. 0545-28-2-RE971 as recorded January 23 , 1987 in
Book 1143 , as Reception Number 02085834 of the records of the
WCCR. Said point being monumented by a found #4 rebar with
yellow plastic cap stamped M & S #7242 :
#5: THENCE North 88°19' 51" West, 250 .00 feet along the North line
of said Lot `A' , also being the North line of Parcel #1 and
the North line of said Parcel #1 as extended Easterly as
indicated on that Land Survey Plat as recorded December 6 ,
1984 in Book 1094 , as Reception Number 02035037 to a point
being the Northwest Corner (NW Cor) of said Lot `A' and also
Parcel #1 . Said point also being on the Westerly ROW line of
the abandoned ROW of the UPRR, and also being on the Easterly
ROW line of WCR #392 . Said point being monumented by a found
Exhibit "A" `
#4 rebar with broken yellow cap stamped JONES #22098 :
#6 : THENCE North O1°40' 09" East along said Westerly ROW line of the
abandoned UPRR and the Easterly ROW line of WCR #392 , a
distance of 581 . 98 feet to a point on the Southerly line of
the County Road ROW. Said point being monumented by a set #4
rebar 18" in length with yellow plastic cap stamped JONES
#22098 :
#7 : THENCE continuing North O1°40'09" East along the said Westerly
w o ROW line of the abandoned UPRR and the Easterly ROW line of
CD
WCR #392 extended Northerly, 30 . 02 feet to the TRUE POINT OF
BEGINNING.
LO
o Said described parcel of land contains 3 .537 acres, more or less
w (±) , and is subject to any rights-of-way or other easements as
0
O3 granted or reserved by instruments of records of as now existing
o x on said described parcel of land.
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A
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SURVEYOR'S CERTIFICATE
W
� a
N Z , Charles B. Jones, a Colorado Registered Professional Land
Surveyor do hereby state to:
Weld County
915 10th Street
ON 0 Greeley, Colorado 80631
� &
41. z
N H
Transamerica Title Insurance Company_
✓ F 1113 10th Avenue
0 a Greeley, Colorado 80631
w that this Property Description was prepared under my personal
co w supervision from an actual and accurate survey of TRACT #1 as
c w indicated on the Land Survey Plat as indicated hereon and that this
Property Description is true and correct to the best of my
cN" knowledge, information, belief , and in my professional opinion.
0 >4 I further state that this certificate does not extend to any
w unnamed parties or the successors and/or assigns of Weld County.
KC
x I further state that this certificate is for the use of
1/40 co Transamerica Title Insurance Company only for the purposes of
on N v. completing work necessary for the issuance of a title insurance
N policy.
w w
ea;
tiREGisi_
✓ `cO
O•;
Charles B. Jones :T
.r 2
Colorado Registere Pr mt sional
Po
Land Surveyor #22098 AF,pi,,*••.......•'SJ�G'
ANAL LPND
Project Number: 1991-3-A
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APR -2 ' 91 13726 -
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a':9.�e- '3�,.'_3.,.'i�`• '�303 356 4000 4779 PAGE . 001
GRANT OF EASEMENT
THE UNDERSIGNED FEE OWNER of the real estate described in the
attached Exhibit "A" (the "property" ) , as "Grantor" , hereby grants
and conveys to the County of Weld, a political subdivision of the
State of Colorado, as "Grantee" a temporary construction easement
oo o over, across, and under the property for the purpose of excavating
o a buried gasoline tank, removing certain personal property and/or
co o improvements, and leveling the property. This temporary
construction easement is for a term of thirty days . The grant and
conveyance is made without warranties of title, but is irrevocable
q
o w and is binding upon the Grantor, his personal representatives,
0 3 heirs, devisees, and assigns . This grant does not include any
o w rights and interest in and to the oil, gas, and other minerals, in,
O on, and under the property. Grantor understands that Grantee ' s
a work on the property is pursuant to the Agreement between the
• County of Weld and the Briggsdale Fire Protection District, a copy
,._, z of which is attached hereto as Exhibit "B. "
N
xDATED: April /6 , 1991 .
a
a GRANTOR:
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\ i1/ �/`t3/1 �i�Zrevn i
eF Lloyd Washburn
o m
0 5 F.SUBSCRIBED AND SWORN to before me this /h day of April,
0o w I :.......-
o w
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d' z ,F1S.TNESiS, my hand and official seal .
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pq e, My commission expires :
MY COMMISSION EXPIRES JUNE 8, 1994
AWAHBUR. SSA z oci:3
AF221,221$ l B 1310 REC 02262218 09/05/91 15: 30 $0 . 00 1/002
h `F 0691 MARY ANN FF,UERSTEIN CLERK & RECORDER WELD CO, CO
RECORDER'S STAMPTHIS DEED, Made this 2th day of August
'8
19 91 ,between Briggsdale Fire Protection
District, A Special District
of the County of Weld and State of Colo-
rado,of the first part, and County of Weld, a body
corporate and politic of the State of Colorado
whose legal address is 915 10th Street, Greeley,
Colorado 80631
of the
County of Weld and State of Colorado,of the second
part;
WITNESSETH,That the said part of the first part, for and in consideration of the sum
of good and valuable consideration
to the said part y of the first part, in hand paid by the said part y of the second part, the I
receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con-
veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said
part y of the second part, its heirs and assigns forever, all the following described !
lot or parcel of land, situate, lying and being in the County of Weld I
and State of Colorado,to wit:
The property described in the attached j
Exhibit A.
I
aK
tildieWtXXXsIti XXX1:31 11151₹K
Together with ail and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion 'and reversions, remainder and remainders, rents, '
issues and profits thereof; and all the estate, right, title,interest, claim and demand whatsoever,
of the said part y of the first part, either in lacy or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described, with the appurtenances, unto
the said part y of the second part, its
heirs and assigns forever.
And the said
part y of the first part,for it sel f its heirs,executors and i
administrators, do covenant,grant,bargain and agree to and with the said party of the !
second part, its heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said party of the second part, its heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said part y of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said party of the first part ha s hereunto set its
hand and seal the day and year first above written.
Briggsdale Fire Protection !I
Signed, Se and Deliv in t e prgsence of District, A Special Dist�tkLJ
ATTEST: -p o � � By:IS �,�y7 IP4� [SEAL]
a A. Washburn, President :I,
[SEAL] !I
STATE OF COLORADO,
1 ss.
County of Weld .
The foregoing instrument was acknowledged before me this 28th day of AUTISt
19 91 ,by Kay A. Washburn, President.
r
, ' �W cibmrh;tirr expires /9fLc., G ,19 '7/ .Witness my hand and official seal.
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r rj � 0 1 AI? 1' .tta � "/ ' ,? Notary Public. ���
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N0.16 SPECIAL WARRANTY DEED.—Rudfordf'uoiinL:ngCo.1621.16 Stout Street.P.neer.Colorndo(673 r.011112-77
B 1310 REC 02262218 09/05/91 15: 30 $0 . 00 2/002
F 0692 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
LEGAL DESCRIPTION
All that part of Lot B of Recorded Exemption No. 0545-28-2-RE971,
recorded January 23, 1987 in Book 1143 as Reception No. 2085834,
being a part of the N1/2 of the NW1/4 of Section 28, Township 8
North, Range 62 West of the 6th P.M. , County of Weld, State of
Colorado, being more particularly described as follows :
Beginning at the Northwest corner of said Section 28, and assuming
the North line of said Section 28 to bear North 89 degrees 40
minutes 52 seconds East, with all other bearings contained herein
being relative thereto;
thence North 89 degrees 40 minutes 52 seconds East 734 . 69 feet
along said North line to the point of intersection with the
Easterly right-of-way line of Weld County Road No. 392, said point
also being the Westerly right-of-way line of the abandoned Union
Pacific Railroad right-of-way; thence South 01 degrees 40 minutes
09 seconds West 612 . 00 feet along the Westerly right-of-way line of
said abandoned Union Pacific Railroad right-of-way to the Northwest
corner of Lot A of said Recorded Exemption; thence South 88 degrees
19 minutes 51 seconds East along the North line of said Lot A,
250 . 00 feet to the Northeast corner of said Lot A, said Point also
being the Easterly right-of-way line of the abandoned Union Pacific
Railroad right-of-way;
thence North 01 degrees 40 minutes 09 seconds East along the
Easterly line of said abandoned right of way 620 . 68 feet more or
less to the North line of the N1/2 of the NW1/4 of said Section 28;
thence South 89 degrees 40 minutes 52 seconds West along said North
line 250 . 15 feet more or less to the Point of Beginning; excluding
the easement comprising the East thirty (30) feet of said parcel
and all oil, gas, and other minerals located thereunder, as
reserved unto J. Lloyd ashburn by deed recorded at Book 3 /J> ,
Reception Number-22172.1.44r
exwasbrn.bap
A8226221,9
B 1310 REC 02262219 09/05/91 15 : 30 $0 .00 1/002
xecc
F 0693 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Recepil,,.....,. _
RECORDER'S STAMP
THIS DEED,Made this 28th day of August
1991 ,between J. Lloyd Washburn
of the County of Weld and State of Colo-
rado, of the first part, and Briggsdale Fire Protection
District, a Special District
whose legal address is Briggs dale, CO 80611
of the
County of Weld and State of Colorado, of the second
part;
WITNESSETH,That the said party of the first part,for and in consideration of the sum
of Good and valuable consideration
araisg]
to the said party of the first part,in hand paid by the said party of the second part,the
receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con-
veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said
I party of the second part, its heirs and assigns forever, all the following described
lot or parcel of land, situate,lying and being in the County of Weld
and State of Colorado,to wit:
The property described in the attached "Exhibit A. "
Lit4ndiffaXMXIIMt RigtatikiX11}5S fi
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate,right,title,interest, claim and demand whatsoever,
of the said party of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described,with the appurtenances,unto
the said part y of the second part, its
heirs and assigns forever.
And the said
party of the first part,for himself his heirs,executors and
administrators,do es covenant,grant,bargain and agree to and with the said party of the j
second part, its heirs and assigns, the above bargained premises in the quiet and peaceable I
possession of said party of the second part, its heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said party of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said party of the first part ha s hereunto set his
hand and seal the day and year first above written.
r
Signed, Sealed and Delivered in the presence of / rr'z [SAL]
J, Lloyd Washburn
[SEAL]
[SEAL]
STATE OF COLORADO,
ss.
County of Weld
The foregoing instrument was acknowledged before me this 28th day of August,
19 91 ,by J. Lloyd Washburn
My commission/expires ,19 .Witness my hand and official seal.
/ Notary Public.
• p1A � Yt•
l
•
•
,P •
tar rr �l • ,
`�r&pi SPECIAL wARRAMfY DEED.—Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(573-6011)1277
B 1310 REC 02262219 09/05/91 15 : 30 $0 . 00 2/002
F 0694 MARY ANN FEUERSTF.IN CLERK & RECORDER WELD CO, CO
EXHIBIT A
LEGAL DESCRIPTION
All that part of Lot B of Recorded Exemption No. 0545-28-2-Re971,
recorded January 23, 1987 in Book 1143 as Reception No. 2085834 ,
being a part of the N1/2 of the NW1/4 of Section 28, Township 8
North, Range 62 West of the 6th P.M. , County of Weld, State of
Colorado, being more particularly described as follows :
Beginning at the Northwest corner of said Section 28, and assuming
the North line of said Section 28 to bear North 89 degrees 40
minutes 52 seconds East, with all other bearings contained herein
being relative thereto;
thence North 89 degrees 40 minutes 52 seconds East 734 . 69 feet
along said North line to the point of intersection with the
Easterly right of way line of Weld County Road No. 392 , said point
also being the Westerly right-of-way line of the abandoned Union
Pacific Railroad right-of-way; thence South 01 degrees 40 minutes
09 seconds West 612 . 00 feet along the Westerly right of way line of
said abandoned Union Pacific railroad right of way to the Northwest
corner of Lot A of said Recorded Exemption; thence South 88 degrees
19 minutes 51 seconds East along the North line of said Lot A,
250 . 00 feet to the Northeast corner of said Lot A, said Point also
being the Easterly right-of-way line of the abandoned Union
Pacific Railroad right-of-way;
thence North 01 degrees 40 minutes 09 seconds East along the
Easterly line of said abandoned right of way 620 . 68 feet more or
less to the North line of the N1/2 of the NW1/4 of said Section 28;
thence South 89 degrees 40 minutes 52 seconds West along said North
line 250 . 15 feet more or less to the Point of Beginning, reserving
unto the grantor, J. Lloyd Washburn, the east thirty ( 30) feet as
a farm easement which shall be appurtenant to Lot B of Amended
Recorded Exemption No. 0545-28-2-RE971, recordecflp a° 5(1991, in
Book 1_'W c2 as Reception No.)44-.2. - , and reserving unto the
grantor, J. Lloyd Washburn, all oil, gas, and other minerals
located thereunder.
awashbrn.mlh
RF2262220 1 B 1310 REC 02262220 09/05/91 15 : 30
F 0695 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Receptawtsrm.
RECORDER'S STAMP
THIS DEED,Made this 28th day of August ,
19 91 ,between County of Weld, a body corporate
and politic of the State of Colorado
of the County of Weld and State of Colo-
rado,of the first part, and Briggsdale Fire Protection
District, A Special District
whose legal address is Briggsdale, Colorado 80611
of the
County of Weld and State of Colorado, of the second
part;
WITNESSETH,That the said part of the first part, for and in consideration of the sum
of good and valuable consideration
=MIMIC
to the said part y of the first part, in hand paid by the said part y of the second part, the
receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and con-
veyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said I
part y of the second part, its heirs and assigns forever, all the following described
lot or parcel of land, situate, lying and being in the County of Weld
and State of Colorado, to wit:
The property described in the attached
Exhibit A.
I
I,
,!
li
xkici mmwmaxx4m€4armkimmk mX
I
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in I,
anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate,right, title, interest,claim and demand whatsoever,
of the said part y of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said 'I
premises above bargained and described,with the appurtenances, unto
the said part y of the second part, its I
heirs and assigns forever.
And the said
part y of the first part, for itsel f its heirs,executors and I
administrators,do es covenant,grant, bargain and agree to and with the said part y of the II
second part, its heirs and assigns, the above bargained premises in the quiet and peaceable j
possession of said part y of the second part, its heirs and assigns, against all and every I
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said part y of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said part y of the first part ha s hereunto set its
hand and seal the day and year first above written.
County of Weld, a body
corporate and politicsgfJJ
Signed, Sealed d Delivered i�sence of the Stat o Color.dc� I [! AL]
ATTEST: 1� 1 "
B n "Eal
E. o:yl airMan- I
`� Cif e_p1. � `frY�.i 0 OM ) .�. _ �', ate]
V STATE Ca'COLORADO,
:�
gs. r �*-
County of Weld t
The foregoing instrument was acknowledged before me this 28th day of August
19 91 ,by Gordon E. Lacy, Chairman.
,b1 omi vlss gi'Es ires
My Commission Expires January 10 199b
. �''( l�g. -P ,lg .Witness my hand and official seal.
i' O TA c__//el/4 te_
Notary Public.
r I _ • s $ •
1
0, \
..,,
No.16 SPECIAL WARRANTY DEED.—Srsdford Publishing Co.1824-16 Stout Street,Dram.Colon 1519-601D 12'11 '
B 1310 REC 02262220 09/05/91 15: 30 $0 . 00 2/003
F 0696 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
A parcel of land and all improvements thereon located in the SW1/4
of the NW1/4 of Section 28, Township 08 North, Range 62 West of the
6th P.M. , Weld County, Colorado, being more particularly described
as follows :
Beginning at the Northeast corner of the SW1/4 of the NW1/4 of
Section 28 , Township 08 North, Range 62 West of the 6th P.M. , Weld
County, Colorado;
Thence South 00 degrees, 20 minutes, 10 seconds East 150 . 00 feet;
Thence North 90 degrees, 00 minutes, 00 seconds West 145 . 00 feet;
Thence North 00 degrees, 20 minutes, 10 seconds West 150 . 00 feet;
Thence North 90 degrees, 00 minutes, 00 seconds East 145 . 00 feet to
the Point of Beginning, said parcel containing .49 acres, more or
less .
exsec28 .bap
B 1310 REC 02262220 09/05/91 15 : 30 $0 . 00 3/003
F 0697 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
REF. t.I. W . CoRrAf_a. of F59,, c,c>5on._f_
FcN.c Cr 14.E. Conc.iER S.w '/e. oc•
Two parcels of lane
• °° _ ta.W. Va SEC. 28 'CSn1iR,bw Quarter (NW1/4) of
-5-5-' Principal Meridian
'° as follows:
h 373` P°NE Q
�(,` t Fold. Considering the Nor
Quarter (NW1/4) of
all bearinge herein
°' ''"c �I
9..
POlwlt 04 BECa IAININ °
/ N C. EoaNE°. co�N.`ta of Beginning at the Nc
rtAw '/a OnEc. 7.8.8 67- Northwest Quarter (
Q c.c.o N Ml. Co0.NE0. Of 'IHE.
• • t totIN oc 00. t�(°(>5oaE Pccom.0 Northwest Corner of
\ \Nu to tNE REt_o0.0f.o e at recorded Plat there
\
Thence South 00° 20
150.00 •feet to the •
900°0o oo"E.. - 311.3 1450' -♦-�' -- -� -- Hilton Street as pl
�� -
I- -- Thence North 90° 00
yJ 4iLbt LVJL of iNL
,Ec.tNN,..“4 _ • a .0•
,:— • tow., Inc 6v`.„c.-304.i
Thence North 00° 2G
o O a.-
oNon• u.. ,c , J I o y y 44
Thence North 90 00
e,r `^(9 .. .._ s, Z Low
o - .. ,rl d w o
•to , 7 ,. a 0�
i 596 .. LL Q � .
`;I its C encing at the t;
Ltb ea — . — n '^ '“ " — n No hwest Quarto
n 90.0r 9' r.l Iat.aa - — no—Fc+ iii.b _{ /•
Northw� Connor of
— Y= J j
nigh Y,.,% CAI. "' Rio ( ` io thereof;
r\\\.-toa “ic' l Thence North 90 0 '
EV.LY E.atEM5to.J oc to,...L. Lug% W1tM FENct'
AO,ItN ,l n W. L1K1f. 00 SE1 w K OSLO So CALE Gore fn., Thence South 00° 20 '
n., St0.EEt p0.o° L,,,c, [--.- - --.- - BrLggedale, 150.00 :
Coil.'° �� Way line of Milton E
°t S.,°. 1:17.--------
\ Thence North 90° 00'
/ \' s? c° to the Basted Ri
a -Yr 6o,.°., � Y 8'•11 ^\• ^o I 't" Thence North 01° 24 '
•° feet;
,_ i
\ � ...
Thence North 90° 00
%1 "• l.at., a f'abl
I hereby certify thL
f.E ,- pc-_ _ O2.LiEf2. nG the request of Mr.
^_nllNti S'RnvER1 t the purpose of local
•
adjacent to and west
• I further certify th
that existing improv
road tract and Right
of the "subject prope
I further certify th.
` 1oo properly represents
true to the beat of
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA
1'1'I LE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE,EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa-
ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained
or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSAMERICA TITLE INSURANCECOMPANY
�1S\lE IMJ'��� /% G
e f�v y�� BY
By: /iyyl/Iryi: V�1FC��G)i-� J fa",
ocoRPORyte
Authorized Countersignature >NE a�
President
�6 40 I3, t9" i
+ .� Attest: � � //
�Allf0 i� �
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to(i) the occupancy, use, or enjoyment of the land; (ii) the character,dimensions or location of
any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
• 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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
z
American Land Title Association Owner's Policy (6-1-87) 1,1
Face Page Valid Only if Schedule A. B and Cover AreGt4aoh d.-o
�-
Form 1141-41 .-, {' C'.w
CONDI1IONS AN.D s ?iPLLA[IONS
1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought ad'ictlon or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation [o final determination by a court of The following terms when used in this policy mean:
competent junsdiction and expressly reserves the right, in its sole discretion,
(a) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order.
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to
as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the
distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide
corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the
(b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
(c) "knowledge" or "known": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or
knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or
public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any
constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or
(d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the
improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required
term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy
described or referred to in Schedule A, nor any right , title, interest, estate shall terminate, including any liability or obligation to defend, prosecute.or
or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such
waterways, but nothing herein shall modify or limit the extent to which a cooperation.
right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these
instrument. Conditions and Stipulations have been provided the Company, a proof of
(f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be
Policy for the purpose of imparting constructive notice of matters relating furnished , the Company within 90 days after the insured claimant shall
to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or respect to Section 1(a) (iv) of the Exclusions From Coverage, "public
other matter insured against by this policy which constitutes the basis of
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of
which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced
(g) "unmarketabili[ of the title': an alleged or apparent matter affecting by the failure of the insured claimant to provide the required proof of loss
y g pP g or damage, the Company's obligations to the insured under the policy shall
the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or
entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such
released from the obligation to purchase by virtue of a contractual proof of loss or damage.
condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the
OF TITLE. Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks,
favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after
in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if
mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured
insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized
insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records,
shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or
either(i)an estate or interest in the land, or(ii)an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage.
a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the
The insured shall motif the Com an administration of the claim. Failure of the insured claimant to submit for
y p' y promptly in writing (i) in case of examination under oath, produce other reasonably requested information
any litigation as set forth in Section 4(a)below, (it) in case knowledge shall or grant permission to secure reasonably necessary information from third
come to an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the
adverse to the title to the estate or interest, as insured, and which might Company under this policy as to that claim.
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY.
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided, In case of a claim under this policy, the Company shall have the
however, that failure to notify the Company shall in no case prejudice the following options:
rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance.
prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the
INSURED CLAIMANT TO COOPERATE. time of paymant or tender of payment and which the Company is obliga-
ted to pay.
(a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and
contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the
at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to
defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be
adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation.
of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured or
against by this policy. The Company shall have the right to select counsel With the Insured Claimant.
of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name
cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together
not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured
Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment
in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or
against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized
prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is
opinion may be necessary or desirable to establish the title to the estate or obligated to pay.
interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for
The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments
concede liability or waive any provision of this policy. If the Company required to be made, shall terminate, including any liability or obligation to
shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation.
( bons and Stipulations Continued Inside Cover
B1141-41
CONTROI NO 1 L; , . id.
TRANSAMERICA TITLE INSURANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $ 5, 000.00 Policy No. : 8029746
Date of Policy: September 6, 1991 at 7 : 00 A.M.
1. Name of Insured:
Weld County, a body corporate and politic of the State of Colorado
2 . The estate or interest in the land described herein and which is
covered by this policy is: FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested
in:
Weld County, a body corporate and politic of the State of Colorado
4 . The land referred to in this Policy is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
X10:139
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No. : 8029746
LEGAL DESCRIPTION
All that part of Lot B of Recorded Exemption No. 0545-28-2-RE971, recorded
January 23, 1987 in Book 1143 as Reception No. 2085834, being a part of
the N1/2 of the NW1/4 of Section 28, Township 8 North, Range 62 West of
the 6th P.M. , County of Weld, State of Colorado, being more particularly
described as follows:
Beginning at the Northwest corner of said Section 28, and assuming the
North line of said Section 28 to bear North 89 degrees 40 minutes 52
seconds East, with all other bearings contained herein being relative
thereto;
thence North 89 degrees 40 minutes 52 seconds East 734 . 69 feet along said
North line to the point of intersection with the Easterly right of way
line of Weld County Road No. 392, said point also being the Westerly
right-of-way line of the abandoned Union Pacific Railroad right-of-way;
thence South 01 degrees 40 minutes 09 seconds West 612 .00 feet along the
Westerly right of way line of said abandoned Union Pacific Railroad right
of way to the Northwest corner of Lot A of said Recorded Exemption;
thence South 88 degrees 19 minutes 51 seconds East along the North line of
said Lot A, 250. 00 feet to the Northeast corner of said Lot A, said
Point also being the Easterly right-of-way line of the abandoned Union
Pacific Railroad right-of-way;
thence North 01 degrees 40 minutes 09 seconds East along the Easterly line
of said abandoned right of way 620. 68 feet more or less to the North line
of the N1/2 of the NW1/4 of said Section 28;
thence South 89 degrees 40 minutes 52 seconds West along said North line
250. 15 feet more or less to the Point of Beginning.
Page 2
a ( -; ^'A
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No. : 8029746
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 correct survey and inspection
of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district.
6. Rights of way for county roads 30 feet wide on each side of section
and township lines as established by Order of the Board of County
Commissioners for Weld County, recorded October 14, 1889 in Book 86
at Page 273.
7 . Reservation of right of way for any ditches or canals constructed
by authority of the United States, in U.S. Patent recorded August
27, 1947 in Book 1210 at Page 247 .
8. Reservation by the Union Pacific Railroad Company of (1) all coal
and other minerals underlying subject property (2) the exclusive
right to prospect for, mine and remove coal and other minerals, and
(3) the right of ingress and egress and regress to prospect for,
mine and remove coal and other minerals, all as contained in deed
recorded September 3, 1970, in Book 632 as Reception No. 1554152,
and any interests therein or rights thereunder.
Page 3
_tt`ta
R.: 2
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No. : 8029746
SCHEDULE B - continued
9. Right of way for public road, as granted to Weld County, Colorado
by instrument recorded November 4 , 1939 in Book 1052, at Page 294,
being more particularly described as follows: A parcel of land 50
feet wide along a portion of the North side of the NS/2 of Section
28, and more particularly described as follows: Beginning at the
Northwest Corner of said Section 28; thence North 89 degrees 35
minutes East 736. 35 feet; thence South 1 degrees 8 minutes West
50.01 feet; thence South 89 degrees 35 minutes West 735 feet,
thence North 50 feet to point of beginning, Also a parcel of land
50 feet wide along a portion of the North side of Section 28, and
more particularly described as follows: Commencing at the
Northwest Corner of said Section 28; thence North 89 degrees 35
minutes East 946.42 feet to point of beginning; thence continuing
North 89 degrees 35 minutes East, 4351.58 feet, thence South 50
feet; thence South 89 degrees 35 minutes West, 4 , 352.93 feet,
thence North 1 degree 8 minutes East 50. 01 feet to point of
beginning.
10. State Highway No. 14 , and any and all rights of way therefore, as
evidenced by Plat of Survey recorded December 6, 1985, in Book
1094, as reception No. 02035037 and as further evidenced by
Recorded Exemption No. O545-28-2-RE971, recorded January 23, 1987
in Book 1143, as Reception No. 02085834.
11. The effect of Land Survey Plat recorded March 12 1991 in Book 1292,
as Reception No. 02243672.
12. Access easement along the South 30 feet of subject property as
shown on the Plat of Subdivision Exemption No. 407 recorded
September 5, 1991 in Book 1310 as Reception No. 02262217 .
13 . Farm easement along the East 30 feet of subject property as
reserved by J. Loyd Washburn in deed recorded September 5, 1991 in
Book 1310 as Reception No. 02262219.
14. Grantor's interest in all oil, gas and other mineral rights as _
reserved by J. Lloyd Washburn in a deed recorded September 5, 1991
in Book 1310 as Reception No. 02262219 and any interest therein or
rights thereunder.
NOTE:
The following notices pursuant to CRS 9-1. 5-103 concerning
underground facilities have been filed with the Clerk and Recorder.
These statements are general and do not necessarily give notice of
underground facilities within the property.
Page 4
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No. : 8029746
SCHEDULE B - continued
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784 .
(c) Associated Natural Gas, Inc. , recorded April 50, 1989 in Book
1229 as Reception No. 2175917.
Page 5
t,O :I k9VS AINO SIIPCLAF1ONS
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely
This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or
damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter.
or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the (a) The Company's Right of Subrogation.
least of: Whenever the Company shall have settled and paid a claim under this
(i) the Amount of Insurance stated in Schedule A; or, policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
(ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and
insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or
lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If
(b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the
Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary
interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall
subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the
which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any
percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies.
Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the
(i) where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and
loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the
the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss.
insured estate or interest at Dale of Policy; or If loss should result from any act of the insured claimant, as stated
(ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event,
loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this
120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by
sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right
expended for the improvement. of subrogation.
The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non-insured Obligors.
and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall
only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation, the rights of the insured to
percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds,
(c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments
incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy.
8. APPORTIONMENT. 14. ARBITRATION
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or Unless prohibited by applicable law, either the Company or the insured
more of the parcels but not all, the loss shall be computed and settled on a may demand arbitration pursuant to the Title Insurance Arbitration Rules
pro rata basis as if the amount of insurance under this policy was divided oC the American Arbitration Association. Arbitrable matters may include,
pro rata as to the value on Date of Policy of each separate parcel to the but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise-been agreed upon as to each parcel Company in connection with its issuance or the breach of a policy
provision and of
by he shown by
and the insured at the Y an endorsement attachedmc of the issuance of toth policy Insurance sr$I h000,000 orer ttless halldbeiarbitrattrable ed at the option s when eof either tthe
y an express statement or by
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to
9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy
(a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is
lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy
land, or cures the claim of unmarketability of title, all as insured, in a shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court m
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award
obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having
or damage caused thereby. jurisdiction thereof.
(b) In the event of an litigation, including litigation b the Company .The law of the situs of the land shall apply to an arbitration under the
y g g g y Title Insurance Arbitration Rules.
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request.
competent jurisdiction, and disposition of all appeals therefrom, adverse to 16. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the title as insured.
(c)The Company shall not be liable for loss or damage to any insured CONTRACT.
for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto
without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
OF LIABILITY.
(b) Any claim of loss or damage, whether or not based on negligence,
All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest
attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to
tanto. this policy.
11. LIABILITY NONCUMULATIVE. (c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
It is expressly understood that the amount of insurance under this policy President, a Vice President, the Secretary, an Assistant Secretary, or
shall be reduced by any amount the Company may pay under any policy validating officer or authorized signatory of the Company.
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter 16. SEVERABILITY.
executed by an insured and which is a charge or lien on the estate or In the event any provision of the policy is held invalid or unenforceable
interest
deemed aribed or referred to in Schedule A, and the amount so paid shall under applicable law, the policy shall be deemed not to include that provi-
payment under this policy to the insured owner. sion and all other provisions shall remain in full force and effect.
12. PAYMENT OF LOSS. 17. NOTICES, WHERE SENT.
(a) No payment shall be made without producing this policy for All notices required to be given the Company and any statement in writing
endorsement of the payment unless the policy has been lost or destroyed, in required to be furnished the Company shall include the number of this policy
which case proof of loss or destruction shall be furnished to the satisfaction and shall be addressed to TRANSAMERICA TITLE INSURANCE COMPA-
of the Company. NY,6670 AMADOR PLAZA, DUBLIN,CALIFORNIA 94568-2930.
NM 1
American Land Title Association Owner's Policy(10-21-87) c.., as 1 C' ;)
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