HomeMy WebLinkAbout940192.tiff RESOLUTION
RE: DECLARE PROPERTY SURPLUS AND APPROVE CONTRACT TO BUY AND SELL REAL ESTATE
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, State statute and the Weld County Administrative Manual require
that all items disposed of be declared surplus by the Board of County
Commissioners, and
WHEREAS, the County has determined that certain real estate is no longer
required for County use, said property being described as follows:
LOT 6, BLOCK 4, PARKVIEW ESTATES, TOWN OF FREDERICK,
COUNTY OF WELD, STATE OF COLORADO
439 WALNUT DRIVE, FREDERICK, COLORADO
WHEREAS, after having advertised the availability of said property, in a
public meeting on January 16, 1994, the Board did receive a bid in the form of
a Contract to Buy and Sell Real Estate, and
WHEREAS, said contract provides for the sale of the abovementioned property
to Gary H. Calderon for the amount of $4,400.00, with the terms and conditions
being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, 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 property herein described be, and hereby is, declared
surplus.
BE IT FURTHER RESOLVED by the Board that the Contract to Buy and Sell Real
Estate with Gary H. Calderon, in the amount of $4,400.00 be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign all necessary documents pertaining to said sale.
940192
RE: CONTRACT TO BUY AND SELL REAL ESTATE - CALDERON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of February, A.D. , 1994.
MI97BELDD OF TYUNCY ORADISSIONERSWATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board
.Webster, C airman
BY: Ottel k d I U --
Deputy Clk to the Board Dale Hall, Pro- m
APPROVED AS TO FORM:
eor e F/ Baxter /gn-5 /Ida unty Atto ney on tance L. Harbert
, Barbara J. Kirkm er ✓
940192
Ah237d05u
QIJST CLAIM 1DIEIEID
'ra i s DIEIEID, Made this fiLt day of F:tbrN,<.\c L.\ , 19 (4 *
between the Board of County Commissioners of the County of Weld,
State of Colorado, of the first part, and Gary A. Calderon, 2291
Arapahoe Road, Boulder, Colorado 80302, of the second part.
WITNESSETH, That the said party of the first part, for and in
consideration of the sum of Four Thousand Four Hundred DOLLARS
( $4 ,400) , 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 remised, released, sold, conveyed
and QUIT CLAIMED, and by these presents does remise, release,
sell,convey and QUIT CLAIM unto the said party of the second part,
his heirs, successors and assigns, forever, all the right, title,
interest, claim and demand which the said party of the first part
has in and to the following described lots or parcels of land
situate, lying and being in the County of Weld and State of
Colorado, to wit:
Lot 6 , Block 4, Parkview Estates, Town of Frederick,
Colorado, according to the plat filed in the Office of
the Weld County Clerk and Recorder on November 15, 1979
at Book 851, Reception Number 1772871, and found in
No o� Envelope Number 1689 . Said property is vacant land
located at 439 Walnut Drive, Frederick, Colorado.
O
TO HAVE AND TO HOLD the same, together with all and singular
o the appurtenances and privileges thereunto belonging or in anywise
0 3 thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of the said party of the first part, either
o in law or equity, to the only proper use, benefit and behoof of the
a said party of the second part, his heirs and assigns forever.
O
IN WITNESS WHEREOF, The said party of the first part has
o a hereunto set its hand and seal the day and year first above
.. < written.
In Witness Whereof, I , William H. Webster, Chairman of the
Board of County Commissioners of said County of Weld, State of
Colorado, on behalf of said County and by virtue of the Order
H contained in the Resolution made by said Board of County
w Commissioners on the 16th day of February, 1994, have hereunto set
en El
my
hand i andsaffixed the seal of said County this ,Z4 day of
5 forth �_ 1994, for the uses and purposes therein set
_)_,/acc;24.1
w `•.,
N a ( QOUI� Y ) ' r Wil iam H. Webster, C airman
o ( zA ' y�,(1t Board of County Commissioners
z ' � 'i� A� \/a/(' County ofilWeld, Colorado
Par
/kit al,
CO CO
CO W -� ,;: ; HE COARD
o � :
W ��
w BY: �LIO�i i .�'i01.7�
c 1'0 ;HE BOARD
STATE OF COLORADO )
ss .
County of Weld
The foregoing instrument was acknowledged efore me this .3Q'�
dal' of s w -� , 199 q , by f . l� U
i , 4,"-. , as Chairman of the Board of County
R ommi sistrs of the County of Weld in the State of Colorado.
: • WYtndss my hand and official seal this 4 - day of
• �r �y1 , A.D. , 1994 .
•
't o`-GO .
My commission expires : /2 -47- 9/
gcdcalderon.gjb
B 1431 REC 02378056 03/14/94 15 : 09 $0 . 00 2/002
F 0882 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO., CO
aU1&2
NOTICE TO BIDDERS
RE: LOT 6, BLOCK 4, PARKVIEW ESTATES, TOWN OF FREDERICK, COUNTY OF
WELD, STATE OF COLORADO
Property is vacant land only located at 439 Walnut Drive,
Frederick, Colorado.
Inspection of the property can be made at anytime. Any additional
information pertaining to the property and bid instructions may be obtained
from the Weld County Purchasing Department, 915 10th Street, Greeley,
Colorado, telephone number (303) 356-4000, Ext. 4221.
Sealed bids will be received in the Office of the Purchasing Director, Second
Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado,
until 8:30 a.m. on Wednesday, February 16, 1994, for the property described
above.
The bids will be opened and read aloud during the regularly scheduled Weld
County Commissioners Public Board Meeting held in the assembly room on the
first floor of the Centennial Building, 915 10th Street, Greeley, Colorado on
Wednesday, February 16, 1994. The exact time of the reading will not be
specified; however, the Weld County Board Meeting begins at 9:00 a.m. , and
bids will be listed on the agenda. After the bids are read, an auction will
be held and only the persons having submitted the two highest sealed bids and
anyone within 10% of the highest sealed bid will participate in the auction.
It is understood that the Board of Weld County Commissioners reserves the
right to reject any or all bids, to waive any informalities in bids, and to
accept the bid that, in the opinion of the Board, is to the best interests of
the Board and of the County of Weld, State of Colorado.
WELD COUNTY, COLORADO
BY:
Pat Persichino,
Purchasing Director
Date: January 31, 1994
Published: February 3, 1994, in the Windsor Beacon
February 3, 1994, in the Frederick Farmer-Miner
940192
�'Kvt'o
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
1 A.Winkler Riesel of said County of Adams being duly
sworn,say that I am publisher of
FARMER&MINER
that the same is a weekly newspaper of general circulation
was printed and published in the town of
NOTICE TO BIDDERS
FREDERICK
in said county and state that the notice of advertisement,of RE: LOT 6,BLOCK 4,PARKVIEW ESTATES,
which the annexed is a true copy has been published in said TOWN OF FREDERICK,COUNTY OF WELD,
weekly newspaper for STATE OF COLORADO
ONE consecutive weeks: that the notice was Propertylsvacont land only located
published in the regular and entire issue of every number of at 439 Walnut Drive,Frederick,Colo-
said newspaper during the period and time of publication of rado,
said notice and in the newspaper proper and not in a
supplement thereof: that the first publication of said notice Inspection of the property
was contained in the issue of said newspaper bearing the can be made at anytime. Any addi-
date of tlonatinformotlon pertaining to iheprop-
erty and bid instructions may be obtained
FEBRUARY 2. A.D. 1994 and the last from the Weld County Purchasing De-
ublication thereof,in the issue of said news ro d,telepment. 1o1e numh ber,3G 3)3564ob-
Colo-
publication paper,bearing Ext.42elepnone numbeg303)350-4000,
date, FxL4221.
Sealed bids will be received
the 2nd day of FEBRUARY 1994.that the aid in the Office of the Purchasing Director.
Second Floor.Weld County Centennial
Center.91510th Street,Greeley,Colo-
FARMER &MINER rado,untilB30a.m.on Wednesday,Feb-
ruary 16,1994,forthepropedydescribed
above.
has been published continuously and uninterruptedly during
the period of at least fifty-two consecutive weeks next prior
to the first issue thereof containing said notice or The bidswlllbeopenetland
advertisement above referred to: and that said newspaper readaloudduringtheregulorlysched-
was at the time of each of the publications of said notice uled WeldCountyCommissionersPublic
duly qualified for that purpose within the meaning of an act Board Meeting held in theassemblyroom
entitled. "An Act Concerning Legal Notices, on thefirst floor oftheCentennlolBuild-
Advertisements and Publications and the Fees of Printers Ing.91510th Street,Greeley,Colorado
and Publishers thereof,and to Repeal all Acts and Pans of on Wednesday,February 16.1994.The
Acts in Conflict with the Provisions of this Act"approved exact time of the reading will not be
April 7,1921,and all amendments thereof,and particularly specified:however,the Weld County
as amended by an act approved,March 30,1923,and an act Board Meeting beginsat 9:00 a.m„ond
approved 19311 bids will be listed on the agenda.After
/ /r f 7
r --4-1)
� ando only
thpersons
haying submitted
// /III/ /\ and the idsore read,an auctiong will beh held
el/ s- o f the two highestsealed bids and anyone
�� within t0%of the highest sealed bid will
participate In the auction,
Publisher It is understood that the
Board of Weld County Commissioners
Subscribed and sworn to before'MO this 2nd day of reservesthe right to reject any or all bids,
FEBRUARY P J1,2224 to waive any informalitiesin bids.and to
accept the bidthat.in theopinion of the
Board.is to the best interests of the Board
and of the County of Weld, State of
• Colorado.
V1 Pfut!y{ WELD COUNTY,COLORADO
Notary Public BY:Pat Perslchlno,
.. Purchasing Director
P.O.BOX 125 Published in theformer&Miner February
--- - 2,1994.
FT-LUPTON.CO 80621
2Cemter 27, 1997
9 0192.
- //c/o (;)/
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
1. The undersigned hereby acknowledges having received from
GARY H. CALDERON the sum of $260 . 00 , in the
form of certified funds, to be held by Weld County, in trust
account, as earnest money and part payment for the following
described real estate, to wit:
LOT 6, BLOCK 4, PARKVIEW ESTATES, TOWN 47F
FREDERICK, COUNTY OF WELD, STATE OF COLORADO
together with all easements and right-o`-way Appurtenant t e_e=c.,
hereinafter called the property.
2. The undersigned person(s) GARY H. CALDERQI ___�_._—_
hereinafter called Purchaser, hereby agrees to buy the Property,
and the Board of County Commissioners of Weld County, hereinafter
called Seller, hereby agrees to sell the Property upon the :.erm_s
and conditions stated herein.
3. The purchase price shall be Z.S. $.2-7-6-0-6-700 , payable as follows:
$260. 00 which is a portion of sales price and hereby
receipted for and the remainder to be paid in cash or certified
funds at the time of closing.
4. Price to include vacant land only.
5. Cost of any appraisal for loan purposes to be obtained after this
date shall be paid by purchaser.
6. Seller to provide Quit Claim deed only. Title insurance not to be
provided by Seller.
7. The date of closing shall be the date for delivery of deed as
provided in paragraph 6. The hour and place of closing shall be as
designated by Seller.
•
SOO ' 3r,Hd EO : r ? 33 �
911(11.92
8. Title shall be merchantable in Seller, except as stated in this
paragraph and in paragraphs 9 and 10. Subject to payment or tender
as above provided and compliance by purchaser with the other terms
and provisions hereof. Seller shall execute and deliver a good and
sufficient general warranty deed to Purchaser upon receipt of final
payment or, by mutual agreement, at an earlier date, conveying the
Property free and clear of all taxes. and free and clear of all
liens for special improvements installed as of the date of
Purchaser's signature hereon, whether assessed or not; free and
clear of all liens and encumbrances, and except the recorded and/or
apparent easements and subject to building and zoning regulations.
9. Except as stated in paragraphs 8 and 10, if title is not.
merchantable and written notice of defect(s) is given by Purchaser
or Purchaser's agent to Seller or Seller's agent on or before date
of closing, Seller shall use reasonable effort to correct said
defect(s) prior to date of closing. If Seller is unable to correct
said defect(s) on or before date of closing, at Seller's option and
upon written notice to purchaser or Purchaser's agent on or before
date of closing, the date of closing shall be extended thirty days
for the purpose of correcting said defect(s) . Except as stated in
paragraph 10, if title is not rendered merchantable as provided in
this paragraph 9, at Purchaser's optioe. this contract shall be
void and of no effect and each party hereto shall be released from
all obligations hereunder and all payments and things of value
received hereunder shall be returned to Purchaser.
10. Any encumbrance required to be paid may be paid at the time of
settlement from the proceeds of this transaction or from any other
source. Provided, however, at the option of either party, if the
total indebtedness secured by liens on the Property exceeds the
purchase price, this contract shall be void and of no effect and
each party hereto shall be released from ail obligations hereunder
and all payments and things of value received hereunder shall be
returned to Purchaser.
11. Possession of the Property shall be delivered to Purchaser on
closing date.
12. In the event the Property is substantially damaged by flood or
other casualty between the date of this contract and the date of
delivery of deed, Purchaser may elect to terminate this contract;
in which case all payments and things of value received hereunder
shall be returned to Purchaser.
S00 ' 3Eed rE . L d3�
94CR92
13. 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
cost and expense, including attorneys' fees.
14. If this proposal is accepted by Purchaser in writing-and Seller
receives notice of such acceptance on or before March 5, 1990, 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.
//{ SELLER:
') /� BOARD OF COUNTY COMMISSIONERS
ATTEST: /�j(�/� fU/� WELD COUNTY, COLORADO
1
��
Weld Cou ty Clerk to the Board BY: .( ' "/ i-Catto
Chairman
// 915 10th Street
BY: 7 'f/fl.q�
/ A71q-/ Greeley, CO 80631
Deputy Clerk to the and
LOU ' 39td UT : PI he . L asd
940192
i. .1cswiricg* 1. c'z1 C)
compl purchaser )
3.5. Purchaser accepts the above proposal this « day of
' , A.31 , 1997.
PURCHASER:
GARY H . CALDERON ll
2291 ARAPAHOE RD.
(Address)
BOULDER, CO 80302
SUBSCRIBED AND SWORN to before me this F-77-3 day of t'Ce)i's;-lam Lam ,
19513. s
WITNESS my hand and official seal.
s a` ry ubiicl
My corrmissian expires: 6..V"0/ 67 .
•
•
8c1. • 3L:N ij t Y t t- . . � :3 3
940192
STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815
March 10, 1994 ORDER NO. 94002887
RE:
WELD COUNTY COLORADO/CALDERON
ACCENT PROPERTIES
ATTN: GARY CALDERON
2291 ARAPAHOE AVENUE
BOULDER, CO 80302
Original + 1 Copy
In connection with the above Order No. we are transmitting the
following:
Title Commitment XX_
Endorsement
Policy
Tax Certificate
Foreclosure Certificate __
Other
THANK YOU for your "Title Insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES" in the future!
If you have any questions regarding this commitment, please
call WAYNE CRAVEN at (303) 352-4571.
1 cc: SAM OLDENBURG
822 7TH STREET
GREELEY, CO 80631
1 cc: WILD COUNTY SWUM OF COUNTY COMMISSIONERS
915 10TH STREET
Continued on next page
940132
CONTINUATION SHEET
TRANSMITTAL LETTER
GREELEY, CO 80631
1 cc: STEWART TITLE OF LONGMONT
2350 17TH AVENUE SUITE 200
LONGMONT, CO 80503
94 )192
SCHEDULE A
ORDER NUMBER: 94002887 COMMITMENT NUMBER: N/A
1. EFFECTIVE DATE: March 01, 1994 at 7:45 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ 5,000.00
PROPOSED INSURED: GARY CALDERON
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
WELD COUNTY COLORADO
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
Lot
6
in Block
4
PARKVIEW ESTATES, an addition to the Town of Frederick, County
of Weld, State of Colorado, as per the plat recorded November
15, 1978 in Book 851 under Reception No. 1772871, Weld County
Records.
OWNERS: $ 122.00
TAX CERT. $ 15.00
"If Closing Services have been requested, there will be an
additional charge."
Policy or Policies committed to be issued hereunder are ALTA
Owner and/or Loan Policy - (4-6-90) .
STEWART TITLE WAYNE E. CRAVE
OF GREELEY, INC. e
916 10th Street AUTHORI.ZID
Greeley, Colorado 80631 COUNTERSIGNATURE
Phone No. (303) 352-4571
Fax No. (303) 352-1815
940192
SCHEDULE B - SECTION 1
ORDER NUMBER: 94002887 COMMITMENT NUMBER: N/A
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Deeds or evidence of proper legal proceedings, approved by an
Attorney for Stewart Title of Greeley, Inc. , disposing of the
interests of the following named person(s) :
(a) ROSEMARY MARINOFF
(b) unknown persons
(c) the State of Colorado.
NOTE: This requirement is necessary because ROSEMARY MARINOFF
acquired an interest in subject property by Deed recorded
FEBRUARY 23, 1988 in Book 1186 under Reception Number 2131727,
Weld County Records, the record does not show said interest
being disposed of.
2. Warranty deed from Vested Owner, vesting fee simple title in
purchaser.
3. NOTE:
Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) Notice is
hereby given that:
a) The subject real property may by located in a
special taxing district;
b) A certificate of taxes due listing each taxing
jurisdiction may be obtained from the County
Treasurer or the County Treasurer's authorized
agent;
c) Information regarding special districts and
the boundaries of such districts may be obtained
from the Board of County Commissioners, the
County Clerk and Recorder, or the County Assessor.
Pursuant to Senate Bill 92-143 (C.R.S. 10-11-122) Notice is
hereby given that:
A certificate of taxes due listing each taxing
jurisdiction shall be obtained from the County
Treasurer or the County Treasurer's authorized
agent.
Continued on next page
9401_92
CONTINUATION SHEET
SCHEDULE B - SECTION 1
ORDER NO: 94002887 COMMITMENT NUMBER:
N/A
4. Payment of all taxes and assessments currently due and payable,
if any.
5. Execution of the approved lien affidavit and its return to this
office. (Lien affidavit sent to lender or closer on new loan,
and to closer on an assumption or cash purchase. )
940192
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 94002887 COMMITMENT NUMBER: N/A
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
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
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
NOTE: "MECHANIC'S LIEN" AND/OR "GAP" PROTECTION (EXCEPTIONS 4
AND 5 ABOVE) MAY BE AVAILABLE WITH AN OWNER'S POLICY OF TITLE
INSURANCE ON RESIDENTIAL PROPERTY UPON COMPLIANCE WITH STEWART
TITLE OF WELD COUNTY'S REQUIREMENTS. PLEASE CALL FOR FURTHER
INFORMATION AS TO THOSE SPECIFIC REQUIREMENT(S) NECESSARY TO
OBTAIN THIS COVERAGE.
7. Any and all unpaid taxes, assessments and unredeemed tax
sales.
8. A Condition contained in the United States Patent recorded
May 16, 1876 in Book 20 at page 84, Weld County Records, which
states as follows: "Subject to any vested and accrued water
rights for mining, agricultural, manufacturing or other purposes
and right to ditches and reservoirs used in connection with
such water rights, as may be recognized and acknowledged by the
local customs, laws and decisions of Courts, and also subject to
the right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate
or intersect the premises hereby granted, as provided by Law."
Continued on next page
94019
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 94002887 COMMITMENT NUMBER: N/A
9. The right for an irrigation ditch over and across said lands
as shown in decree of District Court, recorded July 11, 1907 in
Book 258 at page 528, Weld County Records. (Affects Lots 1, 2,
12 thru 17, Block 1; Lots 9 thru 11, and 30 thru 32, Block 2 and
Lots 5 thru 7 and 14 thru 16, Block 4. )
10. Reservation of all coal, oil and other minerals together
with the right of ingress and egress over and upon said lands as
reserved in Administrators Deed from Mary Alice Wolff as
Executrix of the Estate of John Wolff to Paul Jacovetta,
recorded December 18, 1929 in Book 886 at page 603, Weld County
Records.
11. A right of way easement for Arcole Jacovetta to The Mountain
States Telephone and Telegraph Company granting the right to
construct, operate, maintain and remove such communication and
other facilities, from time to time as required upon, over,
under and across the West 16.5 feet of the East 23.25 feet of
said subdivision, as shown in instrument recorded November 10,
1975 in Book 752 under Reception No. 1674245, Weld County
Records. (Affects Lots 1, 13 thru 45, in Block 1. )
12. A right of way for Colorado Interstate Gas buried pipeline s
shown on the recorded map or plat of said subdivision.
(Affects Lot 1, 13 thru 45, Block 1)
13. Covenants, conditions and restrictions, which do not contain
a forfeiture or reverter clause, as contained in instrument
recorded January 15, 1979 in Book 857 under Reception No.
1778855.
14. An instrument declaring a modification of said covenants,
conditions and restrictions was recorded September 11, 1979 in
Book 881 under Reception No. 1802811.
15. Amendments to Covenants recorded July 21, 1993 in Book 1392
at Reception No. 2342122 and recorded August 5, 1993 in Book
1396 at Reception No. 2344899.
16. An easement for utilities, drainage and incidental purposes
over the 6 feet of said land as shown on the map of said
subdivision.
Continued on next page
940 92
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 94002887 COMMITMENT NUMBER: N/A
17. A non-exclusive easement from Arcole Jacovetta to Panhandle
Eastern Pipe Line Company granting a non-exclusive easement to
lay, construct, maintain, lower, inspect, repair, operate, and
remove a 12 inche pipeline and pipeline markers, cathodic
equipment, test leads, and for the transportation of oil, gas or
other substances therein, under and through subject lands,
together with the right of ingress and egress, to, on, from and
over said lands as shown in instrument recorded August 11, 1976
in Book 774 under Reception No. 1695886, Weld County Records.
(Affects Lots 1 thru 4, Block 1 and Lots 1 and 5, Block 3. )
18. Oil and gas lease dated May 5, 1970, executed by Lois J.
Wolff, as lessor, and Martin J. Freedman, as lessee, recorded
May 26, 1970, in Book 626 under Reception No. 1548031, for a
primary term of Five (5) years and as long thereafter as oil,
gas, other hydrocarbons or other mineral is produced from said
land hereunder, or drilling or reworking operations are
conducted thereon. NOTE: The present ownership of said
leasehold and other matters affecting the interest of the lessee
are not shown in this policy.
19. An Affidavit of Lease Extension of the above Oil and Gas
Lease was recorded May 13, 1971 in Book 646 under Reception No.
1567750, Weld County Records.
20. An Affidavit of Lease Extension of the above Oil and Gas
Lease was recorded April 21, 1975 in Book 737 under Reception
No. 1658559, Weld County Records.
21. An Affidavit of Lease Extension of the above Oil and Gas
Lease was recorded December 18, 1975 in Book 755 under Reception
No. 1676982, Weld County Records.
22. Oil and gas lease dated April 12, 1975, executed by John R.
Wolff and Dorothy E. Wolff, as lessor, and Machii-Ross Petroleum
Company, as lessee, recorded April 21, 1975 in Book 737 under
Reception No. 1658558, for a primary term of Two (2) years and
as long thereafter as oil, gas, other hydrocarbons or other
mineral is produced from said land hereunder, or drilling or
reworking operations are conducted thereon. NOTE: The present
ownership of said leasehold and other matters affecting the
interest of the lessee are not shown in this policy.
Continued on next page
940192
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 94002887 COMMITMENT NUMBER: N/A
23. An Affidavit of Lease Extension of the above Oil and Gas
Lease was recorded December 18, 1975 in Book 755 under Reception
No. 1676983, Weld County Records.
24. An Affidavit of Lease Extension of the above Oil and Gas
Lease was recorded March 10, 1976 in Book 761 under Reception
No. 1683099, Weld County Records.
940192
r j
STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815
March 14, 1994 ORDER NO. 94002887
RE:
WELD COUNTY COLORADO/CALDERON
ACCENT PROPERTIES
ATTN: GARY CALDERON
2291 ARAPAHOE AVENUE
BOULDER, CO 80302
Original + 1 Copy
In connection with the above Order No. we are transmitting the
following:
Title Commitment
Endorsement XX
Policy _
Tax Certificate XX
Foreclosure Certificate _
Other
THANK YOU for your "Title Insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES" in the future!
If you have any questions regarding this commitment, please
call WAYNE CRAVEN at (303) 352-4571.
1 cc: SAM OLDENBURG
822 7TH STREET
GREELEY, CO 80631
1 cc: WELD COUNTY BOARD OF COUNTY COn-I:SIONERS
915 10TH STREET
Continued on next page
STEWART TITLE
99-C-i GUARANTY60 Y
CONTINUATION SHEET
TRANSMITTAL LETTER
GREELEY, CO 80631
1 cc: STEWART TITLE OF LONGMONT
2350 17TH AVENUE SUITE 200
LONGMONT, CO 80503
STEWART TITLE
99-C-1 GUARANTY COMPANY
5140 192
ENDORSEMENT TO TITLE COMMITMENT
ISSUED BY STEWART TITLE GUARANTY COMPANY, HEREIN CALLED THE COMPANY.
DATE: March 14, 1994
ORDER NUMBER: 94002887
SELLER: WELD COUNTY COLORADO
BUYER: CALDERON
ADDRESS:
ENDORSEMENT NO. 1:
SCHEDULE B SECTION 1 is hereby amended as follows:
ITEM 1: EVIDENCE OF PROPER LEGAL PROCEEDINGS, APPROVED BY AN ATTORNEY
FOR STEWART TITLE OF GREELEY, INC. , VESTING SUBJECT PROPERTY IN
ROSEMARY MARINOFF AS TO FEE TITLE.
This endorsement is made a part of said commitment and is subject to the
schedules, conditions and stipulations therein, except as modified by
the provisions hereof.
Nothing herein contained shall be construed as extending or changing the
effective date of said commitment unless otherwise expressly stated.
Signed under seal for the Company, but this endorsement is to be valid
only when it bears an authorized countersignature.
Carloss Morris Stewart Morris
Chairman President
Countersigned:
W2/E. CRA
AUTHORIZED COUNTERSIGNATURE
STEWART TITLE
99-0-1 GUARANTY COMPANY
940192
STATE OF COLS .DO CERTIFICATE OF TAXES DUB
�k
S.S. 11
COUNTY OF WELD
I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales, as
appears of record in the office,on the following described property,to-wit:
TR NO.
PARCEL 5520086 F:RE PE'.-6 I...:s I;L..I:1 I iRKV:I:I:::uJ ESTATES
NAME 621.3113 03:26006 R -G'F%9 WAL.N(. . DR%
WELD COUNTY
VENDOR
NO. `0:1.
T 'i:PJFiI^r_1 ( 11 li::
940020a/
ERUPT—
T1993 TAXIES 1,0..c.)c:
l`[ TAI.., AMOUNT T)1.11:C FOR THIS P'raf?(:;Eia... .f.'c.:
$0.00
•
TAX f:. ;°!t.lTr.lnr•;:I:.r..., LEVY TAX T ^vi AUTHORITY LEVY TAX
4e ;v SCHOOL DI.f.,.f i: 0 .'1d;
ill :i_ �i COUNTY t �,.,. .. I ... l:a.
:I-..r;)I::.i-.. l.(: v i01;JN ;>3..451 FREDERICK FIRE 7.736
-.;.�i .! .. :1.89 CARBON VAL... f?I:i:(:� 7..04:1.
J:C ("IRE:�� :. l���
111 .1 .1) 1...:[r: 2ARY :1. .. 50 TIi:INU:A AMBUI hIc 6.. 513
This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing
districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and
Recorder,or the County Assessor.
MARCH 11 .. 1994
FRANCIS M. LOUSTALET
1993 TAXES:i:<.i PAID $0.00* T(�SURER OF WEL WART TITLE
i.; ,� EXEMPT FOR :L 93) By S °f\*\ PAPY '�
4s-d-1
A•
DEPUTY
Hello