HomeMy WebLinkAbout990707.tiff hhttleApplegate,Inc.
Consultants for Land,Mineral and Water Development
March 1, 1999
Weld County Planning Dept.
Monica Mika-Daniels
Weld County Planning Services MAR p 3 1999
1400 North 17th Avenue
Greeley, CO 80631 E C E I�y y y�E D
RE: Del Camino Business Park
RDear Monica,
Last week you asked me to provide information called"conveyances of title," apparently these
are documentation on transfers of title.
With this letter you'll find several deeds which date back fifteen years. They note the progression
of ownership from Kahn to New Creation Ministries to Villa of Greeley and the Colorado
Department of Transportation.
A fifteen-year history seems a reasonable amount of time in this case. These documents should
give you a good idea how the title was conveyed over this period of time.
Cordially,
TUTTLE APPLEGATE, INC.
(7-
Gary J. the
GJT/sk
cc: File #98-162
John Coppom, Del Camino Junction Development, Inc..
990707
11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759
02/26/1999 09:14 1-303-651-1320 DYER REALTY INC PAGE 02
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WARRANTY NEM
MILTON L. KAHN and nbWtN S. KMIN
whoseadd,gs/N 1873 G. .Bellaire St.. 1200, Denver,
Colorado 30222
'County of .Slate of
io lorado tot the consideration of
FIVE KUVDREU Piny THOUSANr ($550,0o' .00)-----
-- dnllm,In hand paid.berth,echo)
and cunseyp)tts NEN CREATION MINISTRIES AND WORLD OUTREACH CENTER CHURCH,
a non-profit corporation
whose kpl skint is 737 gross. Longmont, Co lorisdo 89331
County of Boulder .and State n( Colorado
the Mowing tel ptopetty b the County of weld .and Stale of
Cotexsdo.to*it The real property described in the attached Exhibit q,
incorporated by reference.
Together with one and one-half 11 1/2) shares of the Rural
Ditch and all of Grantors' interest in oil. gas and other mineral
tights, if any) including but not limited to any and all otes,
metals, all coal, oil shale, asphaltum. and other hydrocarbons.
geothetmal resources, send, gravel, clay. took and other substances.
including that oil and gas lease dated November 6, 1972, recorded
at Book 691, 11601120. rerecorded at Book 697, 11619262.
she known by meet and number es
With all In appdrtenenees and seattantfs)the title to the same.sullied to taxes for 1986 and sub-
sequent years which by proration Grantee assumes and agrees to clay;
tights Of way, easeMents of tecotdf deed of trust at Book 1138,
12380750 Which Orentord shall pay, and oil and gas lease which is
resigned to Grantee,
Stated tltU 30e1" day of December 9 8
TON Aft
EDWIN S. MN
STATE O@ coLORAbo, 1
Calmly at BOULDER `!s.
the twetoinl IhslnImehl mil fe&MiHMpd berme tnsJ tMu 36 day of becembet ,1906
by Anton La Kahn and Edwin B: Kahn, •
My esmenl est elpsa! . Witness my hind and otnclei real.
Mr C1MMM1M1 MaYM balls etA,1890 1:41d6G2—t 2
t• '� ;
'a M.Mawr.t:rM tie o.l•'.
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02/26/1999 09:14 1-303-651-1320 DYER REALTY INC PAGE 05
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WARRANTY DEEP
MILTQN L. XkHN and ?DWIN S. KAHN
whereddrenk 1873 S. Bellaire St., 4200, Denver,
Colorado 30222eounty of .imps of
Colorado ,for the consideration of
FIVE NUVDRED FIFTY THOUSAND ($550,000.00)----
dollars.in hand paid.hereby wilts) _
and conwey(s tNEU CREATION MINISTRIES AND WORLD OUTREACH CENTER CHURCH,
a non-profit corporation
whosele1aladdres1is 737 gross, Longmont, Colorado 80531
Cooley of Boulder .and Smte of Colorado
the following real property in the County of Weld .and State of
Colorado.to wit The real property described in the attached Exhibit A,
incorporated by reference.
Together with one and one-half (1 1/2) shares of the Rural
Ditch and all of Grantors' interest in oil, gas and other mineral
rights, if any; including but not limited to any and all ores,
metals, all coal, oil shale, asphaltum, and other hydrocarbons,
geothermal resources, sand, gravel, clay, rock and other substances;
including that oil and gas lease dated November 6, 1972, recorded
at Book 681, .1603120, rerecorded at Book 697, .1619262.
also known
by sheet and cumber as
with all Its appurtenances,and atrant(s)the title to the sane,subject to taxes for 1986 and sub-
sequent years which by proration Grantee assumes and agrees to nay;
rights of way, easements of record; deed of trust at Book 113R,
.2080750 which Grantors shall pay: and oil and gas lease which is
assigned to Grantee.
Signed this ,.?Ott` day of December . 9 8
TON L 'Am /
Y
EDWIN S. MN
STATE Or COLORADO.
County of BOULDER Ise.
The foregoing Wmrment was acknowledged befee me this 30 eh- day of December .1986
11yAlton L. Kahn and Edwin S. Kahn. •
My covenantee wine . Witness my hand and official seal.
'VI'�MMf sl'4ginsSspluti6MA,1880 —. --G qe•f4er*CA_
•N In tether.;:ten'City mkt"
^vo.S7.an.ad. "NOW s alto obi ii,.,, was MG w,!IMl O.ta,.s.,W:\�.e soacre-tan Ps+vm
02/26/1999 09:14 1-303-651-1320 DYER REALTY INC PAGE 06
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traded at taloa--M
WAIMAkit UEED
MILTON Le KAHN and EDWIN Si KAHN
a...,.,
*dxneaM,nth 1873 8, .9ellaire St., 1200, Denver„
Colorado 90222 .Slate
of
Cmlnly of
Colorado .fM the conehktallon of
FIVE HUNDRED PIPIT THOUSAND ($559,000.00)----
_,- dottam,in hand paid.hneby whn)
and coneyOto}EN CREATION MINISTRIES AND WORLD OUTREACH CENTER CHURCH;
a non-profit corporation
whosekgladdtnsls 737 gross, Longmont+ Colorado 11001
County of Boulder ,and Sln1e of Colorado
the toHewlus teal popetty In the County of Weld .and Stale of
Cemrado,towW. The real property described in the attached Exhibit At
incorporated by reference.
Together with one end one-half (1 1/2) shares of the Rural
Ditch and all of Grantors' interest in oil, gas and other mineral
rights, if any) including but not limited to any and all ores,
mettle, all coal, oil shale, asphaltum, and other hydrocarbon*,
geotherMal teelourcee, sand, gravel, clay, rock and other substanceat
inclUding that oil and gas lease dated November 6, 1972, recorded
at nook Sill 11603120, rerecorded at Book 697, 11619262.
also known by,heel and number
Milt all le',Nanette,.and wetnnet)the lllle to the sane.subject to taxes for 19 86 and sub-
sequent years which by proration ()tantee assumes and agrees to oayl
tights of may, easements of record) deed of trust at Book 1139,
/2000790 which Grantor* Shall payf and oil and gas lease which is
assigned to Grantee,
Sfaned lHe lot!. day of December 90
TON A J --
EoefIH S. ARM
StAtE Ot CO(ARADO.
no sy of MOULDER 1 ee.
the fanyelnf IhetsifieM wN aeldwwttdged heobte I nt thli O tar day of December , 1956
bt 'Ail bon tee Kahn dhd Edwin 9: Kahn,
My enmenlabs eapht% . Witness my hand and official eeal.
IlySO ;wi3Ow /IYJ. S.t2u t�t�t
11y 0M/11MN1 Nfl 111111ms A,lei --- —
nut hmet buea'esy.A'*.
•
it.ht.OW.lit MAWMy�s_'1 t ikUtI11tUDh.Ilk:..1.4taeehealtief,floats oil GI�i•'
•
Report Date: 09/30/98 11:34AM WELD COUNTY TREASURER Page: 1
CERTIFICATE OF TAXES DUE CERT#: 13866
SCHEDULE NO: R0271295 ORDER NO:
ASSESSED TO: VENDOR NO:
VILLA AT GREELEY INC TUTTLE APPLEGATE INC
1750 6 AVE 11990 GRANT ST STE 304
GREELEY, CO 80631 DENVER CO 80233
LEGAL DESCRIPTION:
25059-B PT SW4 2 2 68 BEG SW COR SEC S89D46'E 564.9' TO TRUE POB NOD15'E 30' N52D51'W 75'
N13D48'W 1342.48' N04D37'W 867.31' NO2D10'W 427.23' TO N LN SW4 S89D35'E 1120' S75D55'E 132'
S01D23'W 2633.52' N89D46'W 707.8' TO POB EXC BEG SW COR SEC S89D46'E 564.9' TO TRUE POB
NOD15'E 30' N52D51'W 75' N13D48'W 602.83' S89D46'E 753.08' S01D23'W 660' N89D46'W 533.42' TO
POB LOT A AMENDED REC EXEMPT RE-730 EXC FORT JUNCTION PUD 1ST FILING(2D) %11220 WCR
9%
PARCEL: 131302000062 SITUS ADD: 11220 9 CR WELD
TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
TOTAL TAXES 0.00
TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
TOTAL ASMT 0.00
TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE
TOTAL STATEMENT 0.00
GRAND TOTAL DUE GOOD THROUGH 09/30/1998 0.00
ORIGINAL TAX BILLING FOR 1997 TAX DISTRICT 1355-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 22.038 108.64 Land 10032 2910
SCHOOL DIST RE1J 50.022 246.61 Exempt 0 0
NCW WATER 1.000 4.93 Improve 20504 2020
MTN VIEW FIRE(BOND 1.520 7.49
ST VRAIN SAN 24.990 123.20 Total 30536 4930
WELD LIBRARY 1.409 6.95
MOUNTAIN VIEW FIRE 7.817 38.54
108.796 536.36 - TAXES FOR 1997
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or
mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and
all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the
amount required for redemption are as noted herein.In witness whereof, I have hereunto set nd and al this 09/30/98.
TREASURER,WELD COUNTY, ARTHUR L. WILLIS II, BY (/// /49alS
SEP-17-1998 10;44 P.02
OWNER'S POLICY OF TITLE INSURANCE
Issued by Policy 0
UNITED GENERAL N° 9 4 4 641:9 8
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,UNITED GENERAL TITLE
INSURANCE COMPANY,a Louisiana corporation,herein called the Company,insures,as of Date of Policy shown in
Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,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 also will 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.
This policy shall not be valid or binding until countersigned by either a duly authorized agent or representative
of the Company and Schedule A and B have been attached hereto.
In Witness Whereof,United General Title Insurance Company has caused its corporate name to be hereunto
affixed by its duly authorized officers as of Date of Policy shown in Schedule A.
UNITED GENERAL TITLE INSURANCE COMPANY
aficia U 44
President (
saucy
CountersignedCAA.�nfl• C LlA( (Y WY
/J Authorized Officer or Agent
111.11.111/
ALTA O..ah roam(1a.1742)
VOT r.s 1ra
SEP-17-1998 10:44 P.03
runs,sou Olt/t,o Oaaxe art x.V v rains-en
Thefollowing matters ass expressly excluded frt. .e coverage of this policy and 3,Defects,liens.encumbrances.adverse claims or other matters:
the Company will not pay loss or damage,costs,ettomeys'fees or expenses which (a)created,suffered,assumed or agreed to by the insured claimant;
arise by reason of: (b)tot known to the Company,not recorded in the public records at Dale of Policy,
1.(a)Any law,ordinance or governmental regulation(including but not limited to but known to the inured clebnantand not disclosed in writingte the Company by the
. building and yoninglawa,ordinances,orreguladons)restricting,fegnladng,prohibiting insured claimant prior tothe date the insured claimant became an insured under this
or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the chancier, policy;
dimension or location of any improvement now or hereafter erected on the land;Oil) (e)resulting in no low or damage to the insured claimant;
a separation in ownership or a change in the dimensions or area of the land or any (d)attaching or tanked subsequent to Datc of Policy;or
parcel of which the land is or was apart;or(iv/environmental protection,orhee effect (e)resulting in loss or damage which would not have been sustained if the insured
of any violation of these laws,ordinances or governmental regulations,except to the claimant had paid value fur the estate or interest insured by this policy,
extent that a notice of the enforcement thereof or a notice of a defect, lien or 4 Any claim,which arises out of the transaction vesting in the Insured the estate or
encumbrance resulting from a violation or alleged violation affecting the land has interestinsured by this policy.by reason of the operation of federal bankruptcy,state
been recorded te the public records at Data of Policy. insolvency,at sirain.creditor,'rights laws,that is based on:
(b)Any govvnmental police power not excluded by(a)above,except to the extent (a) the transaction creating the estate or interest insured by this policy being
that a notice of the exercise thereof or a notice of a defect,lien or encumbrance deemed a frsudulern conveyance or fraudulntt transfer,or
resulting from a violation or alleged violation affecting the land has been recorded in (b) the transaction creating the estate or interest insured by this policy being
the public records at Date of Policy, deemed a preferential transfer except where the preferential transfer results
2,Rights of eminent domain unless notice of the exercise thereof has been recorded from the failure:
in the public records at Data of Policy,but not excluding from coverage any taking (i) to timely record the instrument or transfer.or
which has occurred prior to Date.of Policy which would be binding on the rights of (ii) of such recordation to impart notice to purchaser for value or a
a purchaser for value without knowledge. judgement or lien creditor.
CONDITIONS AND STIPULATIONS
1.DBFINFnON OF TERMS. 4.DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
The following arms when used in this policy mean: CLAIMANT TO COOPERATE.
(a)"insured": the insured named in Schedule A,and,subject to arty rights or (a)Upon written request by the insured and subject to the options contained in
defenses theCompany would have had against the named insured,those who succeed Section 6 of these Conditions and Stipulations,the Company,at its own cost end
to thhe interest of the named insured by operation of law es distinguished from without unreasonable delay,shall provide for the defense of an insured in litigation
purchase including, but not limited o, heirs, distributess, devisees, survivors. in which any tbirpady users a claim adverse to the title or interest as insured,but
personal representatives,next of kin,or corporate or fiduciary successors, only astothose sated causes of action alleging a defect,lien or encumbrance or other
(b)"Insured claimant": an insured claiming loss or damage. matter insured against by this policy. The Company shall have the right to select
(e)"knowledge'Or"known": actual knowledge,not constructive knowledge or counsel mils choice(subject to the right of the insured to object forreasonable nun)
notice which may be imputed to anissvcd by reason of the public records as defined to represent the insured as to those stated causes of action and shall not be liable for
in this policy or any other records which impart constructive notice of matter and will not pay the fees of any other counsel, The Company will not pay any fees,
affecting the land. costs or expenses incurred by the insured in the defense of those causes of action
(d)"land":the land described or referred to in Schedule A or C,and improvements which allege matters not insured against by this policy,
affixed thereto which by law constitute real modesty. The term"land"does not (b)The Company shall have the right,at its own cost,te institute and prosecute any
include any property beyond the lines of the arca described orreferrd to in Schedule action or proceeding or to do any other act which in its opinion may be necessary or
A or C.nor any right,title,interest,estate or easement in abutting streets,roads, desirable to establish the tide to the estate or interest.as insured,or to prevent or
avenues,alleys,lanes,ways or waterways,but nothing herein shall modify or limit reduce loss ordamage to the insured,Tin•Company may take any appropriate act ion
the extent to which a right of access to and from the land is insured by this policy, under the tens of this policy,whether or not it shall be liable hereunder,and shall
(e)"mortgage": mortgage,deed of treat,trendier!,or other security instrument. not thereby concede liability or waive any provision of this policy. If the Company
(I)"public records"; records established under stale statutes at Date of Policy lot shall exorcise its rights under this paragraph,it shall do so diligently.
the purpose of imparting constructive notice of matters relating to reel properly to (c)Whenever the Company shall have brought an action or interposed a defense as
purchasers for value and without knowledge. With respect to Section I(a)(iv)of the required or permitted by the provisions of this policy,the Company may pursue any
Exclusions From Coverage,"public records" shall also include environmental litigation to final determination by a court of competent Jurisdiction and expressly
protection liens giro in the records of the clerk of the United States district courtfor reserves theright.in its sole discretion,to appal from any adversejudgmemororder.
the district in which the land is located. (d)In all cues when:this policy permits or requires the Company to prosecute or
(g)"unmarketebiliy of the title": an alleged or apparent matter affecting the title provide for the defense of any action or proceeding,the.insured shall secure to the
to the land,not excluded or excepted from coverage,which would entitle a purchaser Company the rightto so prosecute orprovide defense in the action orpso:eeding,and
of the estate or interest described in Schedule A to be released from the obligation to all appeals therein,and permit the Company to use,at its option,the name of the
purchase by virtue of a contractual condition requiring the delivery of marketable insured for this purpose. Whenever requested by the Company,the insured,at die
title, Company's expense,shall give the Company all reasonable aid(i)in any action or
L CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. proceeding,securing evidence,obtaining witnesses,prosecuting or defending the
The coverage of this policy shell continue in force as of Date of Policy in favor of action or proceeding,or effecting settlement,and(ii)in any other lawful sot which
an insured only so longas the insured retains an estate or interest in the land,or holds in the opinion of the Company may he necessary or desirable to establish the title to
an indebtedness secured by a purchase money mortgage given by a purchaser from the estate or interest as insured, If The Company is prejudiced by the failure of the
the Matted,Or lady along as the insured shall have liability by reason of covenants thawed tofurniabthe required cooperation,the Company's obligations to the insured
of warranty made by the Wined tnany transfer or conveyance otthe estate or interest, under the policy shall terminate,including any liability or obligation to defend,
This policy shall not continue in force in fever of any purchaser from the insured of pmosecute,or continuo any litigation,with regard to the matter or manna regt:iring
either(I)An*State ofintenrt in Um lead,or(it)an indebtedness secured by apwebase such coopeeradoa
money mortgage given to the insured. S.PROOF OF LOSS OR DAMAGE.
3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. In addition to end eferBa notices required under Section 3 of these Conditions and
The insured dull notifydse Company promptly in wriWtg(i)in east of any litlgadon Stipulations have been peorided the Company,a proof of loss of damage signed end
we set forth in Section e(e)below,(ii)in ease knowledge shall come to an insured sworn to by the.honed claimant shall be furnished to the Company within 90 days
hereunder of any claim of title or interest which is adverse to the title to the estate or a ter the insured clamant shall ascertain the facts giving rim to the toss or damage.
vlerest,es insured,and which might cease loss or damage for which the Company The proof of loss or damage shall describe the defect in,or hen or encumbrance on
may be link byvinue of this pot ley.ordid If tide to the estate or Interest.as interlad, the title,or other matter insured against by this policy which constitutes the basis of
isrejcetedm unmarketable.If pronto;nteicc*hall ant be given to the Company,then loss or damage and shall state,to the extern possible,the basis of calculating the
as to the insured all liability of the Company shall terminate with regent to du matter amount of the loss or damage. II the Company is in-eudiced ey the failure at the
or matters for which prompt notice is required;provided,however,that failure to insured claimant to provide the required proof of Ion or damage.the Company's
notify this Company atilt In no cue prejudice the rights of any insured under this obligations to the insured user the policy shall terminate,including any liability or
peiky trine the Company shell be prejudiced by the failure and thee only to the obligation to defend.prosoeme,or continue any litigation.with regard to the tuner
eft sattM ptejedloe. or masWa regcJetn a aoeh yrw(ui lees ee eWnye. .W-.
SEP-17-1998 10:46 P.04
OWNER POLICY NO. 0-9446419S
SCHEDULE A
Amount of Insurance: Date of Policy: RE: Our Order No. :
$425,000.G0 JUNE 30, 1995 U032994
7.00 A. M.
1. Name of Insured:
THE VILLA AT GREELEY, INC.
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 the
insured.
4. The land described herein is encumbered by the mortgages or trust deeds, if
any, shown in Schedule H hereof.
5 _ The land referred to in this policy is described as follows:
"SEE SCHEDULE A CONTINUED"
This Policy valid only if Schedule E is attached.
- 1 -
SEP-17-1998 10:46 P.05
OWNER POLICY NO. 0•94464198
SCHEDULE A "CONTINUED"
PARCEL l:
LOT 'A' OF AMENDED RECORDED EXEMPTION NO. 1313-2-3-RE730 ACCORDING TO THE MAP
RERDED
SW1/42L OF8 SECTIONIN 2,BOOK 1152 TOWNSHIP 2SNORTH, RRAANNGEE0682WEST0950S2,OF THENG A 6TH P.MTION
. ,
WELD COUNTY, COLORADO, EXCEPT LOT 1, OF THE FT. JUNCTION PUD, FIRST FILING,
WELD COUNTY, COLORADO.
PARCEL 2:
LOT 1, OF THE FT. JUNCTION PUD, FIRST FILING, WELD COUNTY, COLORADO.
SEP-17-1998 10:46 P.06
•
OWNER POLICY NO. 0-94464198
SCHEDULE B
This policy does not insure against loss or damage by reason of the following
exceptions:
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. Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6. Taxes for the year 1995, a lien, but not yet due and payable.
7. Right of way for PIPE LINE purposes as granted to WYCO PIPE LINE COMPANY, A DELAWARE
CORPORATION by instrument recorded MARCH 13, 1947 in BOOK 1199 at PAGE 427, said
right of way not being specifically defined.
8. Terms, conditions and provisions of GATE JUNCTION CONTRACT, between FRED E.
CALLENDER AND JULIA E. CALLENDER and WYCO PIPE LINE COMPANY recorded NOVEMBER 14,
1947 in BOOK 1215 at PAGE 88.
9. Basement tor UTILITY purposes as granted to SAINT VRAIN SANITATION DISTRICT, A
SPECIAL DISTRICT by instrument recorded JUNE 6, 1989 in BOOK 1234 as RECEPTION NO.
2181785, said easement being a 20 foot wide permanent easement located in the W 1/2
of the SW 1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , Weld
County, Colorado, Said easement being West of and adjacent to the following
described line: Commencing at the Southeast Corner of the W 1/2 of the SW 1/40o f
said Section 2 and considering the South line of said SW 1/4 to bear North 89 46'09"
West, with all other bearings contained her8in being relative thereto; Thence North
89C46109" West, 25.69 feet; Thence North Cl 23 ' 56" East, 1286 .20 feet to a point on
the North right-of-way line of the rural ditch, which is the True Point of
Beginning; Thence continue North 01023' 56r East, a distance of 1316 .57 Feet to the
Point of Termination, which is the South right-of-way line of weld County Road 24
1/2. Also: A 20 foot wide temporary construction easement adjacent to and contiguous
with the West side of the above described permanent easement.
10 . Oil and Gas Lease from MILTON L. KAHN AND EDWIN S. KAFN1 to AMOCO PRODUCTION COMPANY,
recorded DECEMBER 6, 1972 in BOOK 681 as RECEPTION NO. 1603120; re-recorded AUGUST
13, 1973 in BOOK 697 as RECEPTION NO. 1619262, and any interests therein,
assignments or conveyances thereof. Said Lease extended by AFFIDAVIT OF LEASE
EXTENSION OR PRODUCTION recorded AUGUST 6, 1975 in BOOK 745 as RECEPTION NO. 1666596.
CONTINUED NEXT PAGE
- 2 -
SEP-17-1998 10:47 P.07
SCHEDULE B CONTINUED
UO32994
11. Except the Southerly portion of subject property approximately 75 feet in width for
rCounty Road as shown ecorded APRIL 8, 9877n inh BOOK e p 1152 of Aasn RECEPTION ded dNo.ed E 2095052n xemptio No. 1313-2-3-RE 730
12. Subject to right of ways and easements for utilities, roads and ditches as shown on
Fort Junction P U b District Plat recorded FEBRUARY 13, 1990 in BOOK 1255 as
RECEPTION NO. 2205251.
ion V
13. FEBRUARYt 13, 1990o ins BOOKasco nta11255 asd RECEPTION on Fort JNO t 2205251.D District(SEE COPY ATTACHED HERETO)
14. Right of Way for Rural Ditch as shown on various maps of record.
15. The following notices have been recorded with the Clerk and Recorder of Weld County
pursuant to CRS 9-1.5-103 (1) . These instumentsf ds oct thd not efinene eth the
pexacttt location of
the underground facilities and may Or may BOOK RECEPTION NO.
NOTICES949 1870705
A) MOUNTAIN REALL 949 1870756
H) PANHANDLE EASTERN PIPELINE 04
C) UNION RURAL ELECTRIC 949,949 1871187100
784
D) WESTERN SLOPE GAS 0 1919757
199
E) ASSOCIATED GAS 10411974810
F) COLORADO INTERSTATE GAS G) ASSOCIATED NATURAL GAS, INC. 1110 1979784
1117 2058722
H) PANHANDLE EASTERN PIPELINE 1117 2132709
I) ASSOCIATED NATURAL GAS, INC. 1218 2132709
3) ST. VRAIN SANITATION DISTRICT 1223 2164975
K) ASSOCIATED NATURAL GAS, INC.
L) UNITED POWER, INC. , FORMERLY 1288 2239296
UNION RURAL ELECTRIC ASSOCIATION, INC.
16. Right of way for historical marker purposes 12 feet square as evidenced by
instrument recorded July 11, 1941 in Book 1081 at Page 266, the exact location of
said right of way not being specifically defined.
17 . Right of way for Weld County Road 24 1/4 over the Northerly portion of subject
property as shown on various maps of record.
18. Easements as shown on plat of Lot 1 of the Ft. Junction PUD, First Filing, recorded
June 6, 1994 in Book 1445 as Reception NO. 2391966
19. Terms, conditions and provisions of IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS PHASED DEVELOPMENT, between COUNTY OF WELD,
STATE OF COLORADO and THE VILLA AT GREELEY, INC. recorded JUNE 9, 1994 in BOOK 1445
as RECEPTION NO. 23524/1.
20. Subject notes as shown on plat of Lot 1 of the Ft. Junction PUD, First Filing,
recorded June 6, 1994 in Book 1445 as Reception Nc. 2391966.
CONTINUED NEXT PAGE
- 3 -
SEP-17-1998 19:47 F.
SCHEDULE B CONTINUED
UO32994
INC. , A COLORADO CORPORATION to theeoPubluce
ic
21. Deed ee Trust from THE for
theA seEofBY, 29, , to in
Trastee Of Weld County for use of THE FIRS1995TandArBANK
o dedPJUNEGMCNT,
the face amount of $3S4,904.00 dated JU1E 29,
BOOK 1499 as RECEPTION NO. 2444736.
n
as Authorized Signatory
Countersigned by
- 4 -
8EP-1T-1998 10;48 P.09
Conditions and Stipulations urance stated Sc A.
ued)
W sad en/4 o Y to ulanittomunnination sad stall produce for (c)The ConpsnY will pay only
throe costs,a aoand Stipulations.
incurred
Inaddltien, our .essonablybereg1°s°sl
exernitiat
'endertetinu any WWorind sipa°a,at t we ofuo Company Ise theq m°Y in aooaNance with Section la which are
inspection
y authorised
ed yiresent tchtof the Cowble places books, L•APPORTIONMENT- tale A or C consutt of two or more pace
designedrs,checks.my eapidsed re end memoranda,
nd the Cowpony, a date before or If the land deumibed in Silted
pain t,whethernot site,and loss is established affecting n basis or More
of the e lithe parcels
ledgen, byanyy authorized
ace ably the the lose y,damage. further,if but not all.the loss shall be computed and settler on apes
after Date vent its Policy, ( of anyC prized theem Nomad claimant endere this policy was divided pro rats as to the value on Dam of Policy
Companyo by mine.irnepectrep and
cal odgen,a of the ofiackse aratamIwthewhole,°Kola:iota(any improvements made subsequeut
shall pvmission. in writing, for authorized meleeof sack etpenupsrce agreed onomeach
correspondence exanddt. inspect a°d copy ad tecmda, teoka. hidden. checks,which toDma ofPollry,mdessaliability°rvaWth°s othetwisebeea gre p_
toanal n e iota ord in the custody M coond,i n pat ep�dett parcel by tie Company acid the insured R the time of the issuance of this polity and
nsure a All pang pursuant
designated fi t S an express statement or by an endorsement attached to this policy,
ttssoaably certain to the lostadamsg • tto this Section slag not shown by 4t°ae
byb
the insured claimanteerrsMin provided i le judgment it is LIABILITY.
of the
tamp to submit 9.LIMITATION OFdefect ben or
for
disclosed to ethers ruins, in (a)If the Company eaiablialrt-s the title,or removes the alleged
necenaryNWsedm{dehadomiofiheeltim.Failure ei(Jieisiaaed
permission
rai si oat o ee a' ,o eblyne°otlntworn tion from irdpar partationies as
or cn b ,or awes the lack of a right of access to orafro tthetland, cures ivdwssashlessminate liabilityail information o Company third r this poitcyas to claim of unrearketabililyoftit all inured,in treasonably gentmnli bit y
that
to any of the method,including litigation completion of any appeal'
w thin paragraph delta rennin• {uobligati°ni with resptam thum.mtoatd stallnotbeJabla
dalrTim. CLAIMS:TERMINATION have�Dyperformed obligations Company or with for Ion cc damage caused
6IncafIONSTOPAY0Rspolic OTHERWISE additional (b)In the event of any litigation,including litigation by the P Y until
OF LIABILITY, c dioComP°mY sladhavethtfoUovriag Company's consent,the Continuity shall have no liability for loss or damage
them has been a thud determination by a coon of eampe[tm juriediedun, and
Nano of a Payo tendertPayme t, titlefc r petcntinsured.
options: iron of all appeals theetfrom,adverse to the
(a)ny co sal rim Tedder Payment of the Amount of�n a la m t which were d(c ' Company
ofWeamaumofNmunncc shall na be liabH for lWso damlganmrmoanyn!na��icmtMeNli+^°
ewed
Top°Y°dbYSCompa t stimeofpa by mentartmadaofdmme.whidt vobmtwilY assumed by the insured in'eniing°nY were ( )
any coris,a¢onilys•faw ardetpdeiimeofpeppspitumrdoofpaymenrandwhieh written consent of the Company.
th CompbYWeComaed to lO.RFAUCTION OW Compa y. REDUCTIONORTERhc1NATlON OF
the entheexisiseby te Company
option.all liability and obligation to the s fetaON end
ripen wider this policy,
they,o er to mof aeart u�.OAR terminate. LIABI2Wt ¢ ent+titadafw cosu,attomey '
to mfeed,pr payment required, litigation, Aupsymenw undertaisp°hcY•exceptF Y"n roor co.
and the derthlepolicy,attar thanatcodion. ;Venn%shall mdcoe the amount of the insurance p
andth policyany shall b mobligaKonto doted,panyfrNONCUMULATIVE,
and T o shellbesu Setttt to the tesOthefthem t eltsur that& amount of insurance under this policy shallM
It is expressly understoodunderu any policy inswing c be
(b)To Pay orOtherwixmattle WilhPemtiesOti1GrtheatMlnauredorWiih lain 11.LIABILITY
the Company may pay
assumed
Intoned pay claim nettle with other panics for cy in the name of an insurtd towhireduced by any e and wing a a charge
(()to or odtervAse ea aunt under this policy,together with any COSKs mwhichescepdtmis taken NuhedulcBoctowliichtMituttrodhuap�.
claimant anyclaimant which wereauthorized or taken subject' is hereafter
e er executed
to an Send
Schedule
instated against or which' and the amain
byattorneys*hCompany dnd toeexpenses incurredofpay payment
is obligated m or lien on the estate or interest amend or retapoat in he ue A,a
u the time ptypam end width the Company so paid shall be*tensed a payment er.
by We POF LOSS.
p(ii t claimant theleasor damage provided 1L PAYMENT OF LOSShad to made Wwtytodocwgtaispolity fee endorsement of e
a or otherwise w settle with an inweed has been lost or destroyed,this
m which cue proof ofloss e
by the
payIces and expensesup to incurred (a meat nmesr
together with any copra,attorneys'Company up to the lime of payment unless the politydefinitely fixed in
for under this which
policy, 6obauligated tzed pay. decennial shall be furnished to the satisfaction of the Co been mpany-
by .the insured a claimantcisebyCompanylach obligated he When liability and the extent of Ion or do ffgothas
asio damage shall ben
payment and whlo orthe en of dater of she options tuner
this for in cca accordance with these Cenditons and Stipulations,Upon the exercise the Company to the restated under policy
for the
cl i claimed
l s the damage,ether
thanob theepar payments required to be made,shall payable within 30 days thereafter.
for in clalincldin or or todeprosecute cc continue any 13.SUEROOAU0N UPON PAYMENT OR SEITLEMRNT.
te
(a)The Company's Right of Subrogation.
Wlteanvat.�,Cosmpoay shall have settled and paid a claim coder this policy.all
T.DETERMINATION,
including anyliability os OF obligation to Mend.Pro unaffected byunYeatof the insured
al
litigation.policy ATann EXTENT rode OF LIABILITY AND COINSURANCE- ton shall vest in the Company
T.aETERInN st etdtal monetary testa a demaga right of aubeaga n udtemediw which
Thii sustained
is a contract a fn a���suffered Ion or damage by claimant. sin shallbe xubrogotedw and be cntitledto all rights m reEj�a m the
descri ed or incurred i byclaimant
and only to the extent herein The ComP Yon lrihts and y.Wet hick
this policydue jytaympQ°Idrnabe subr ;at tad andhe enti ledt the is andi m
salon a matters insured against by least of: claim bad ilia pobcy sea beers issued. If rWatated by i any parson i s r or
dw(I)the. tertdin Schedule
A;ot ¢a exceed the cant shall transfer to the Company all tights and remedies against(s)i)the dfferenoe ofetawen the propetty nwMaarl in order to perfect this tight of subrogation.
iiotbe namehnin ttbeiimantt
G1 the AmountMated d rubjeutto the and
of Inawanca or interest as insured shell permit the Company to sue,compromise transaction orinsured
!Meehan
(iredagainstbythsapoicihevelut°fiheiatuedad°taclaimant and to umethe pane of the insured claimant N any truss
due valve d irw j¢sund estate a intesed pbjsRb its detect,lien a ernawas°OCa
West tighu er tat[wdtw. cr Ue loss of We NSmed
atatedinSchedule A at the Date of Policy involving rent tuR revin
iisswed agtiSO per tint ootty. ant of a claim does Y remehe i s LLd
(b)e the event the Amount of Tnweomse i. r if thee.Vaem tfaant.the on pan
ureel OAS land whica value dermas.the Company shall be subtotaled to Wes rivghok nd to of the inat
iso less than insured
estate[of toth ivalue l e �on the which increases cinnamon
eon which the Company's payment beans to the e sated'above,th that eat
to ae ntS of le A, n cent o[Inmxuuct psoP° of the insured claimant.° to pay act
n F at least 20 pesosnt over the.Am If lose should result from any act in that aludlbe required
atW)where no
subsequent improvement
Yshall not policy,but Pic Company, Weaycmly
ass.
to any P R loss, of of any losses insured against by this policy which shall exceed Yira.
stated in Schedule A.then this policy is subject to the following:
improvement has been made, cent that pan aitment by the insured claimant(i)whew Itoeta in the cf proportion ins pant the amlost m the Company by reason of the imp
Company shall only pay the loss pro the insetted estate or interest u K any, u of subrogation.
the Company's tight Il errs[and
tool valueinsurtd Obligors
insurance where at Date of Policy heats to thethe (b)The Company'S Right Agates[Non- obligors stu i u
Date of Policy;or as w on panisl tun' it of subrogation against non-insureda ,
subsequent improvement pas proportion n made, Y iba Company's sib m indemnities, g m at
(nsuran adinPro" that mount oilm n:AmWnt without limitation,the rights of thcintm g any ternis sor. enmities.
Schedule
A andheymopronpintee rthetofbwsre+rce soled otherth intrude, hens rtasoniions
of policies of Newante ce,Htrtai bonds,
subrogation rights of he r ovi statedSchedule
is p sag ph shalln to n sum apply n anti,
contained tensor instruments inf this
Schedma A and the amount experd�adu not to costs,rteeniey� taw and
Th
expenses for enwhich the Company liable ender this policy,and shall only apply to policy.
that portion of any loss which exceeds,inthe sgpsgutt.l0 percent of the Amount ot
SEP-17-1998 10:49 P. IR
15.LIABILITY LIMITED TO .S POLICY: POLICY ENTIRla
14. ARBITRATION. either the Company or the insured may CONTRACT.
Unless prohibited by applicable law, with all endorsements, if any,attached hereto by the
dmudarn,Assmmtion. Arbitrable
matters format Meted*,but
wrenot tfduAmaiany (a)Na policyo,any Company is the policy�connect between the snamed and the Company.In
controversy
or claim
between
opanyand the insured arising out
of muting interpreting any maniocs of this policy,this policy shall be construed ans a d which
to this policy,ny y a s rvIce of
Company yclaim of loss or damage,whether or not based on negligence, n by nth
to this ofa any sevlu oP the Company tin. All connection with Its arten w or the ris Anystatus of the title to the estate or interest covered
Amoneach of a policyInsurance provision or0, O) r less hall All arblymat t emo option
tio whin the acaos mat of tin sueb claim.chat be restricted to this pol cy. hesv�' a
C m pa orthe is insured. All00D or less shall be arbitrated atwhen the motet of f Insu of ranceher
a(e)No assertingmedr of or'endorsement tothis policy unbemed°exceptby writing
the Company or the 00,000 arbitrable ble matters y when agreed by bedsthe endorsed her attached beano signed by either the Resides,a Vice Resident
Chitsues of einsulted stint be pOttsod only d
Company and the insutrd. Arbitationporsumtto this policy and under the Rules in the Secretary,an Assistant Secretory,or validating off our or authonrcd signatory
of
cffmt on the date the demand for arbitration is made or,at die option of the insured. 16.w Company,
.bTY.
the Rules in effect at Date ofPolicy!hal be binding upon the parties.The award may p
include attorneys'fees only if the laws of the state inwhich the hind is located permit In the event any provision of theolicyr
provision and is held Invalid or unenforceable cr codeier
e court to award attorneys' Res
to a prevailing party. Judgment upon the award applicable law,the policy shalibe deemed not to include that pro
:endertfby the Arbitratorts)rely be mtcrtd in any court havingjurisdictiontheronf provisions shall remain in full forte and effect.
The law of the simsofthe land shall apply min arbitration under the Tide Insurance 17.NOTICE,WHERE SENT.
copyAll notices requiredmbegiven the Company mdany statement in writing required
Arbitration o be furnished the Company shall include the number of this policy and shall be
A o off the Rules may be obtained from the Company upon request. addressed to the Company at P.O.Box 1591.Baton Rouge,Louisiana 70821.
Pali
r•
ti
Mt
t51
%PP
a E ?* g ra >A. afig 'MI
etc 51;
ec z:
g; po O N V .ai O y 7 _.hf �' N
• x Oo
- B y 0
x p' z
0
TOTAL P. 10
Hello