HomeMy WebLinkAbout20243287.tiffCell Tower Information Binder
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this Binder mean:
(a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which
by law constitute real property;
(b) "Public Records": those records which impart constructive notice of matters relating to said land;
(c) "Date": the effective date;
(d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed
by the Company;
(e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company.
2. Exclusions from Coverage of this Binder
The company assumes no liability including cost of defense by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable
and special assessments not yet certified to the Treasurer's office.
(b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;
water rights, claims to title to water.
(c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways
on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or
improvement; or any rights or easements therein unless such property, rights or easements are expressly and
specifically set forth in said description.
(d) Mechanic's lien(s), judgment(s) or other lien(s).
(e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the
Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the
Assured as of the Date; or (c) attaching or creating subsequent to the Date.
3. Prosecution of Actions
(a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any
other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured;
and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be
liable thereunder and shall not thereby concede liability or waive any provision hereof.
(b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall
permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by
the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding,
and the Company shall reimburse the Assured for any expense so incurred.
4. Notice of Loss — Limitation of Action
A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be
furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of
action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished,
and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two
years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence
the action within the time hereinbefore specified shall be conclusive bar against maintenance by the Assured of any
action under this Binder.
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such
payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder.
Copyright 2006-2013 American Land Title Association. All rights reserved. The user of this form is restricted to ALTA licensees and ALTA members in
good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
6. Limitation of Liability — Payment of Loss
(a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the
Assured because of reliance upon the assurances herein set forth, but in no event shall the liability exceed the
amount of the liability stated on the face page hereof.
(b) The company will pay all costs imposed upon the Assured in litigation carried on by the Company for the
Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of
the Company.
(c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having
received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein
removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for
liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company.
(d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall
reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this
Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in
which case proof of the loss or destruction shall be furnished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage
shall be payable within thirty days thereafter.
7. Subrogation Upon Payment or Settlement
When the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company
unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had this Binder not been issued.
If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies
in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company,
shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect
the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or
litigation involving the rights or remedies.
8. Binder Entire Contract
Any action or actions or rights or action that the Assured may have or may bring against the Company arising out of
the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder
can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice
President, the Secretary, an Assistant Secretary or other validating officer of the Company.
9. Notices. Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
10. Arbitration
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association.
ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete or misleading facts or
information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, denial of
insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant
with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the
department of regulatory agencies.
This anti -fraud state is affixed and made a part of this policy.
ISSUED THROUGH THE OFFICE OF:
Old Republic National Title Ins Co
530 South Main St . Suite 1061
Akron. OFi -14311
1-838-.tr -516fi
•
Authorized CFficer or Anent
OLD HEI►NMC RATIONAL TITLE INSUR ACE COMPAHr
r F�
Copyright 2006-2013 American Land Title Association. All rights reserved. The user of this form is restricted to ALTA licensees and ALTA members in
good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Old Republic National Title Insurance Company
CELL TOWER INFORMATION BINDER
Order Number: 01-22049676-02T
Policy Number: OX -14498032
Fee:
Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and
Stipulations hereto annexed and made a part of this Binder,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Corporation, herein called the Company
GUARANTEES
RETHERFORD ENTERPRISES
Herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured
shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,
according to the public records as of 06/25/2024
1. Title to said estate or interest at the date hereof is vested in:
KENNETH HOWARD EVERITT
2. The estate or interest in the land hereinafter described or referred to covered by this Binder is:
Leasehold
3. The land referred to in this Binder is situated in the State of Colorado, County of WELD, described
as follows:
SITUATE IN WELD COUNTY, STATE OF COLORADO:
ALL THAT PART OF THE WEST HALF OF SECTION 15, TOWNSHIP 10 NORTH, RANGE 61
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING
NORTH AND EAST OF THE RIGHT OF WAY FOR THE CHICAGO, BURLINGTON & QUINCY
RAILROAD
The following documents affect the land:
4. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of
the Schedule B, Part I —Requirements are met.
5. FACTS WHICH WOULD BE DISCLOSED BY A COMPREHENSIVE SURVEY OF THE PREMISES
HEREIN DESCRIBED.
6. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION.
7. MECHANICS', CONTRACTORS' OR MATERIAL MEN'S LIENS AND LIEN CLAIMS, IF ANY, WHERE NO
NOTICE THEREOF APPEARS OF RECORD.
8. ANY CHANGES IN TITLE OCCURRING SUBSEQUENT TO THE EFFECTIVE DATE OF THIS COMMITMENT
AND PRIOR TO THE DATE OF ISSUANCE OF THE TITLE POLICY.
Old Republic National Title Insurance Company
CELL TOWER INFORMATION BINDER
Order Number: 01-22049676-02T
Policy Number: OX -14498032
9. DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION
OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR
NATIONAL ORIGIN TO THE EXTENT SUCH MATTERS VIOLATE 42 USC 3604(c).
10. QUANTITY OF ACREAGE/SQUARE FOOTAGE AS SET FORTH IN SCHEDULE A, IF ANY.
11. TAXES AND SPECIAL ASSESSMENTS FOR CURRENT TAX YEAR AND ALL SUBSEQUENT YEARS.
12. UNITED STATES OF AMERICA PATENT TO HORACE W. BAKER, RECORDED 11/06/1895, IN DOCUMENT
NO. 58020 OF THE WELD COUNTY RECORDS.
13. UNITED STATES OF AMERICA PATENT UNTO JAMES L. NAGLE, RECORDED 06/02/1913, IN DOCUMENT
NO. 189873 OF THE WELD COUNTY RECORDS.
14. ABUTTING RIGHT OF WAY, RECORDED 10/26/1917, IN DOCUMENT NO. 260935 OF THE WELD COUNTY
RECORDS.
15. OIL AND GAS LEASE BETWEEN GRACE A. LEATHES AND DAVID A. LEATHERS, LESSOR AND N.K.
BICKFORD, LESSEE, RECORDED 12/01/1950, IN DOCUMENT NO. 1095445 OF THE WELD COUNTY
RECORDS.
NOTE: RATIFICATION AND AGREEMENT BY AND BETWEEN GRACE A. LEATHERS AND DAVID A.
LEATHERS, JACK A. LECUYER AND MARY N. LECUYER, AND CONTINENTAL OIL COMPANY, A
DELAWARE CORPORATION, RECORDED 09/24/1952, IN DOCUMENT NO. 1138957 OF THE WELD
COUNTY RECORDS.
NOTE: STIPULATION AND AGREEMENT BETWEEN GRACE A. LEATHERS AND DAVID A. LEATHERS,
WILLIAM LESTER BASHOR AND CELIA AGNES BASHOR, HIS WIFE, AND CONTINENTAL OIL COMPANY,
A DELAWARE CORPORATION, RECORDED 09/24/1952, IN DOCUMENT NO. 1138958 OF THE WELD
COUNTY RECORDS.
16. OIL AND GAS LEASE BETWEEN JOHN H. THOMPSON AND BONNIE B. THOMPSON, HIS WIFE, LESSOR
AND N.K. BICKFORD, LESSEE, RECORDED 04/05/1951, IN DOCUMENT NO. 1104544 OF THE WELD
COUNTY RECORDS.
NOTE: ASSIGNMENT BY JOHN H. THOMPSON AND BONNIE B. THOMPSON, TO JACK A. LECUYER AND
MARY N. LECUYER, IN JOINT TENANCY, RECORDED 07/11/1951, IN DOCUMENT NO. 1110474 OF THE
WELD COUNTY RECORDS.
NOTE: RATIFICATION AND AGREEMENT BY AND BETWEEN JACK A.LECUYER AND MARY N.
LECUYER, WILLIAM LESTER BASHOR, AND CONTINENTAL OIL COMPANY, A DELAWARE
CORPORATION, RECORDED 09/24/1952, IN DOCUMENT NO. 1138960 OF THE WELD COUNTY
RECORDS.
NOTE: CHANGE OF DEPOSITORY, RECORDED 12/27/1954, IN DOCUMENT NO. 1195398 OF THE WELD
COUNTY RECORDS.
NOTE: ASSIGNMENT BY JACK A. LECUYER AND MARY N. LECUYER, TO DON NEET, RECORDED
06/11/1955, IN DOCUMENT NO. 1207515 OF THE WELD COUNTY RECORDS.
NOTE: PARTIAL RELEASE, RECORDED 01/26/1957, IN DOCUMENT NO. 1246455 OF THE WELD
COUNTY RECORDS.
Old Republic National Title Insurance Company
CELL TOWER INFORMATION BINDER
Order Number: 01-22049676-02T
Policy Number: OX -14498032
NOTE: PARTIAL RELEASE, RECORDED 01/26/1957, IN DOCUMENT NO. 1246457 OF THE WELD
COUNTY RECORDS.
17. AGREEMENT BY AND BETWEEN WILLIAM LESTER BASHOR AND CELIA AGNES BASHOR, HIS WIFE,
AND JACK A. LECUYER AND MARY N. LECUYER, HIS WIFE, RECORDED 05/04/1953, IN DOCUMENT NO.
1154147 OF THE WELD COUNTY RECORDS.
18. MINERAL DEED FROM DON NEET, UNTO JACK A. LECUYER AND MARY N. LECUYER, IN JOINT
TENANCY, RECORDED 06/11/1955, IN DOCUMENT NO. 1207516 OF THE WELD COUNTY RECORDS.
19. MINERAL DEED FROM DON NEET UNTO MARTIN HONHOLZ AND EDITH HONHOLZ, IN JOINT
TENANCY, RECORDED 06/11/1955, IN DOCUMENT NO. 1207518 OF THE WELD COUNTY RECORDS.
20. MEMORANDUM OF AGREEMENT BY NOBLE ENERGY, INC., RECORDED 02/22/2011, IN DOCUMENT NO.
3751745 OF THE WELD COUNTY RECORDS.
21. RIGHT OF WAY EASEMENT UNTO HIGH WEST ENERGY, A COOPERATIVE, RECORDED 02/24/2011, IN
DOCUMENT NO. 3752286 OF THE WELD COUNTY RECORDS.
22. AFFIDAVIT OF NON -PRODUCTION BY JOHN M. EVERITT AND JANICE M. EVERITT, RECORDED
07/27/2015, IN DOCUMENT NO. 4128209 OF THE WELD COUNTY RECORDS.
23. PAID UP OIL AND GAS LEASE BY AND BETWEEN JOHN M. EVERITT AND JANICE M. EVERITT, LESSOR
AND SYNERGY RESOURCE CORPORATION, A COLORADO CORPORATION, RECORDED 07/27/2015, IN
DOCUMENT NO. 4128212 OF THE WELD COUNTY RECORDS.
24. PIPELINE EASEMENT FROM KENNETH H. EVERITT, GRANTOR TO TALLGRASS COLORADO PIPELINE,
INC., A COLORADO CORPORATION, GRANTEE, RECORDED 04/04/2016, IN DOCUMENT NO. 4192685
OF THE WELD COUNTY RECORDS.
25. RECORDING MEMORANDUM OF RIGHT OF WAY AND EASEMENT AGREEMENT BY AND BETWEEN
KENNETH EVERITT, GRANTOR AND CENTENNIAL WATER PIPELINES LLC, GRANTEE, RECORDED
09/14/2017, IN DOCUMENT NO. 4335517 OF THE WELD COUNTY RECORDS.
26. NON-EXCLUSIVE SURFACE EASEMENT, RECORDED 01/08/2020, IN DOCUMENT NO. 4556551 OF THE
WELD COUNTY RECORDS.
NOTE: AMENDMENT OF NON-EXCLUSIVE SURFACE EASEMENT BY KENNETH H. EVERITT TO
TALLGRASS COLORADO PIPELINE, INC., RECORDED 08/31/2020, IN DOCUMENT NO. 4624782 OF THE
WELD COUNTY RECORDS.
27. QUIT CLAIM DEED FROM 2/26/2024 IN INSTRUMENT 4946063 CONVEYS TO JANICE M EVERITT ALL OF
THE GRANTOR'S UNDIVIDED INTEREST IN THE OIL, GAS, MINERALS, TOGETHER WITH INGRESS,
EGRESS FOR THE PURPOSE OF MINING, DRILLING, EXPLORING, OPERATING AND DEVELOPING SAID
LANDS FOR OIL, GAS, AND OTHER MINERALS, AND STORING HANDLINGS TRANSPORTION, AND
MARKETING THE SAME THEREFROM WITH THE RIGHT TO REMOVE FROM SAID LANDS ALL OF
GRANTEE'S PROPERTY AND IMPROVEMENTS
28. MEMORANDUM OF LAND LEASE AGREEMENT BY AND BETWEEN KENNETH HOWARD EVERITT,
LESSOR AND CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS, LESSEE, RECORDED 06/14/2024 AS
DOCUMENT 4966106 OF THE WELD COUNTY RECORDS.
Old Republic National Title Insurance Company
CELL TOWER INFORMATION BINDER
Order Number: 01-22049676-02T
Policy Number: OX -14498032
4118418 06/24/2015 08:40 AM
Total Pages: 2 Rec Fee: $16.00 Doc Fee: $35.00
Carly Koppes - Clerk and Recorder, Weld County, CO
III 11111 IIII IIIIIIIIIIIII 111111111
Warranty Deed
(Pursuant to 38-30-113 C.R.S.)
State Documentary Fee
Date: June 23, 2015
$ 35.00
THIS DEED, made on June 23, 2015 by JOHN M. EVERITT AND JANICE M. EVERITT Grantor(s), of the County of WELD
and State of COLORADO for the cansideratian of ($350,000.00) `"" Three Hundred Fifty Thousand and 001100 10" dollars in hand
hereby sells gnd cooi�veys to KENNETH HOWARD EVERITT Grantee(s), whose street address is
14557 R" 11$ C.Lrnverl CO $D7•1q . County of WELD, and State of COLORADO, the following
real property in the County of Weld, and State of Colorado, to wit
SEE ATTACHED "EXHIBIT A".
TOGETHER WITH ALL APPURTENANCES AND IMPROVEMENTS NOW THEREON; TOGETHER WITH ANY AND ALL WATER
OR WATER RIGHTS; TOGETHER WITH ALL CROPS THEREON; AND TOGETHER WITH ALL OIL, GAS, AND OTHER.
MINERALS AND MINERAL RIGHTS NOT SPECIFICALLY PREVIOUSLY WITHHELD AND OR EXCEPTED IN THIS CONTRACT.
GRANTOR SHALL RESERVE AND EXCEPT ALL OF ITS INTEREST THAT IS PRESENTLY OWNS IN THE OIL, GAS AND
OTHER MINERALS IN. UNDER AND THAT MAY BE PRODUCED FROM THE PROPERTY.
also known by street and number as: VACANT HAXTON HAXTON CO 80731
with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2015 and those specific Exceptions
described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record
Title Matters (Section 8.2) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility
easements, (Including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s)
has actual knowledge and which were accepted by Grantee(s) in accordance with Off Record Title Matters (Section 8.3) and Current
Sisvey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the
Property within any special tax district; and other
State of COLORADO
)ss.
County of WELD
The foregoing instrument was acknowledged before me on this day of June 23, 2015
by JOHN M. EVERITT AND JANICE M. EVERITT
Notary�Public
My commission
/ilk 718
NANCY A, LOHR
NOTARY PUBLIC
STATE OF COLORADO
rorARY io 10024008574
MY Commission Expanse July 18, 2016
When Recorded Return to; KENNETH HpWARD EVERITT
171657/ Lie )1
ter,'.-, is 7
Form 13084 01/2011 wd,odt Warranty Deed (Photographic) FC25131685 (2211481741
4118418 06/24/2015 08:40 AM
Page 2 of 2
EXHIBIT A
PARCEL A:
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 10 NORTH, RANGE 60 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
PARCEL B:
THE EAST HALF OF SECTION 15, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO EXCEPT RIGHT OF WAY FOR THE CHICAGO, BURLINGTON & QUINCY RAILROAD
PARCEL C:
ALL THAT PART OF THE WEST HALF OF SECTION 15, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING NORTH AND EAST OF THE RIGHT OF WAY FOR THE
CHICAGO, BURLINGTON & QUINCY RAILROAD
PARCEL D:
THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE
6Th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING NORTH AND EAST OF THE RIGHT OF
WAY FOR THE CHICAGO, BURLINGTON & QUINCY RAILROAD
PARCEL E:
THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
Form 13084 01/2011 wd.odt Warranty Deed (Photographic) FC25131885 {22149174}
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