HomeMy WebLinkAbout20190911.tiff2527960 B-1585 C'-299 01106,1997 03:02P 1'V 1 OF 7 REC
W'1d County CO JA Sul(' Tsukamoto Clerk & Recorder 36.00
1NOC
102.SO
CKY
PATENT NO. 8148
This patent is made this Ar day of _ u <! r , 19q 7, by the STATE OF
COLORADO, acting by and through the STATE BOARD ( F LAND COMMISSIONERS
('BOARD") to LOST CREEK LAND AND CATTLE COMPANY ("LOST CREEK"), a
Colorado general partnership, whose address is P.O. Box 85, Roggen, Colorado 80652;
WHEREAS, pursuant to an Exchange Agreement (Agreement) dated July 10, 1996,
and to Board Order No. 96-257 dated July 10, 1996, the BOARD and LOST CREEK
agreed to exchange Real Property; and
WHEREAS, the Replacement Property to be conveyed to the BOARD pursuant to
the Agreement will be of equal or greater value to the lands to be conveyed by the BOARD,
pursuant to the terms of the Agreement; and
WHEREAS, the Board of Land Commissioners has determined that this action is in
the best interests of the trusts it administers;
NOW THEREFORE, in consideration of the lands being conveyed to the BOARD and
other consideration described in the Agreement, the STATE BOARD OF LAND
COMMISSIONERS hereby grants, conveys, deeds and relinquishes to LOST CREEK its
successors and assigns forever, the following described School Trust and Public Building
Trust lands in WELD County, State of Colorado, ("State Property") to wit:
PATENT 8148
1 of 7
2:S279hU 11-]'.0n P-299 01/06/1997 03:02P PG 2 OF 7
SCHOOL TRUST LANDS
TOWNSHIP THREE NORTH IT 3 N), RANGE SIXTY-ONE WEST (R 61 W)
OF THE SIXTH PRINCIPAL MERIDIAN (6TH PM)
Section 16:
Section 18:
That portion of the N2
lying north of the
northerly line of an
existing trail as indicated
on the Omar USGS 7.5'
Quadrangle Map, photo
revised 1978, said trail being
cancelled State R/W 488-4
N2NE
NENW
Lot 1 (NWNW)
92.20 acres ±
80.00 acres ±
40.00 acres ±
38.59 acres ±
TOWNSHIP TWO NORTH (T 2 N). RANGE SIXTY-TWO WEST (R 62 W)
OF THE SIXTH PRINCIPAL MERIDIAN (6TH PM)
Section 4:
Section 5:
That portion of W2 of Lot 2 (NWNW)
lying north of the northerly
right-of-way line of
Interstate 76 (State R/VV
1247-12)
14.57 acres ±
That portion of E2 of Lot 1 (NENE)
lying north of the northerly
right-of-way line of
Interstate 76 (State R/W
1247-12)
PATENT 8148 2 of 7
30.35 acres ±
I 7111 I
2527960 6-1S! L'-299 01106; 1!137 03:02P PG 3 OF 7
TOWNSHIP THREE NORTH (T 3 N). RANGE SIXTY-TWO WEST (R 62 WZ
OF THE SIXTH PRINCIPAL MERIDIAN (6TH PM)
Section 8: All 640.00 acres ±
Section 9: All 640.00 acres ±
Section 13: N2N2 160.00 acres ±
Section 14: NE4 160.00 acres ±
Section 15: SE4 160.00 acres ±
Section 16: All 640.00 acres ±
Section 17: E2 320.00 acres ±
NENW 40.00 acres ±
Section 20: E2NE 80.00 acres ±
NW 160.00 acres ±
W2SW 80.00 acres ±
NWSE SE 40.00 acres ±
Section 21: S2NW 80.00 acres ±
Section 22: S2 320.00 acres ±
Section 23: SW 160.00 acres ±
Section 26: NW 160.00 acres ±
That portion of the S2 lying
north of the northerly
right-of-way line of
Interstate 76 (State R/W
1247-12)
Section 27: All
Section 28: W2SW
E2SE
PATENT 8148
Aff11TTT
3 of 7
272.00 acres ±
640.00 acres ±
80.00 acres ±
80.00 acres ±
FUR
FPII it III
2527960 13-1585 P-299 01/06/1997 03:021' PG 4
OF 7
Section 32: NE 160.00 acres ±
E2SW 80.00 acres +
E2SE 80.00 acres ±
Section 33: NE 160.00 acres ±
NENW 40.00 acres ±
W2W2 160.00 acres ±
Section 34: That portion of the N2 and
the N2SW lying north of the
northerly right-of-way line
of Interstate 76 (State R/W
1247-12)
Section 35:
That portion of the N2NW
lying north of the
northerly right-of-way line
of Interstate 76 (State R/W
1247-12)
273.00 acres ±
48.00 acres ±
Containing 6,208.71 acres, more or less, of School Trust
Lands.
PUBLIC BUILDING LANDS
TOWNSHIP THREE NORTH (T 3 Ni, RANGE SIXTY-TWO WEST (R 62 W)
OF THE SIXTH PRINCIPAL MERIDIAN (6TH PM)
Section 11: NW'NE
W2NW
SW
W2SE
Section 14: NW
Section 15: N2
E2SW
PATENT 8148 4 of 7
illlill 1117111 F: I
40.00 acres ±
80.00 acres ±
160.00 acres ±
80.00 acres ±
160.00 acres ±
320.00 acres ±
80.00 acres ±
IMF]
1
2527960 A-I`rV P-2 i 01/06/1997 03:02P PG 5 OR 7
Section 21: S2NE
S2
Section 22: NENW
S2NW
Section 28: N2
Section 32:
80.00 acres ±
320.00 acres ±
40.00 acres ±
80.00 acres ±
320.00 acres ±
That portion of E2NW lying
south and east of the
southeasterly line of
county road
60.00 acres ±
Containing 1,820.00 acres, more or less, of Public Building
Lands
Containing in all, both funds, 8,028.71 acres, more or less.
TOGETHER WITH THE FOLLOWING:
To the extent an interest is owned by the Board, any fences and other improvements
now located on the land.
To the extent an interest is owned by the Board, all interests in any water, water
rights, ditches, ditch rights, laterals, lateral rights, wells, well rights, pumps,
equipment used in connection therewith, sumps, return water systems, decrees,
lakes, reservoir rights, subsurface water rights and all other water rights belonging
to or appertaining to the land.
All easements, rights -of -way and rights to utilize the same belonging or inuring to
the benefit of the land and in and to all strips and gores of land lying between any
of the parcels of land and adjoining property or streets, roads or highways, open or
proposed.
RESERVING, however, to the State of Colorado, all rights to any and all minerals,
ores, and metals of any kind and character and all coal, asphaltum, oil, gas or other like
substance in or under said land and geothermal resources, the right of ingress and egress
for the purpose of mining, together with enough of the surface of the same as may be
necessary for the proper and convenient working of such minerals and substances.
PATENT 8148 5 of 7
141111. I III I:
ITTIIIT
All
2527960 B -L585 P-299 01/06/1997 03:02P PG 6 OF 7
Subject to any and all covenants, restrictions, casements or rights -of -way legally
obtained and now in full force and effect, if any there be, whether or not of record.
TO HAVE AND TO HOLD, the hereinabove described lands together with any and
all rights, appurtenances and privileges of whatsoever nature thereunto belonging unto
LOST CREEK LAND AND CATTLE COMPANY, its successors and assigns forever.
IN WITNESS WHEREOF, I, ROY ROMER, Governor of the
STATE of COLORADO has caused this patent to be executed
by its duly authorized officers and its seal hereunto affixed this
8'" day of 63106e/1. , 1996.
ATTEST:
/
Secretary of State
PATENT 8148 6 of 7
HIT T' it
Roy Romer
µ Y
'
�1eti ••••
1... :••
i ! Jr
II
227qbn B-1585 F-299 a E /n4,; [9 J7 03:02P Pc 7 OF 7
STATE OF COLORADO
ACTING BY AND THROUGH THE
STATE BOARD OF LAND COMMISSIONERS
ILAND BOARD SEAL
- •
s... �*
•
*c&! utss�;r"
State of Colorado
City and
County of Denver
) ss.
}
Sp1 At,/ Ava, /4l&
(Robert R. Mailander, Register
n S es III, Engineer
Patent 8148 was acknowledged before me this 9de
day of 199, by
Maine F Stewart as President, fl6 Mailander as Register, and John S. Wilkes III
as Engineer of the COLORADO STATE BOARD OF LAND COMMISSIONERS.
WITNESS my hand and official seal
c_
William J. Kil ' i . II
NOTARY P LIC
My Commission Expires: AUGUST 6. 1999
PATENT 8148 7 of 7
1III'�f7riT. l
IllF it
ii,II
'II
4408575 06/19/2018 03:36 PM
Total Pages: 6 Rec Fee: $38.00 Doc Fee: $2,900.00
Carly Koppes - Clerk and Recorder, Weld County, CO
SPECIAL WARRANTY DEED
THIS DEF,l) is dated June i _ 2018. and is made between Lost Creek Land and Cattle Company TLC, a
Colorado limited liability company, formerly. known as Lost Creek Land and Cattle Company, a Colorado general
partnership. ("Grantor") whose address is 822 7th Street, Suite 760, Greeley, CO 80631, the "Grantor," and Black
Mountain Land Company, LP a't'exas Domestic Limited Partnership, whose address is 500 Main Street, Suite 1200,_ Fort
Worth, TX 76102, the "Grantee."
WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby crams, bargains, sells,
conveys and confirms unto the Grantee and the Grantee's hens and assigns forever, all the real property, together with
any improvements thereon, located in the County of Weld and State of Colorado, described as follows:
See Exhibit A attached hereto.
Reserving however, unto Grantor all oil, gas, other hydrocarbons, and other minerals and rights thereto
owned by Grantor that are in, on or under said property, together with the right of ingress and egress for
the purpose of exploring for, developing and producing such minerals, hut specifically excluding from
the interests reserved by Grantor all surface minerals, including, but not limited to, sand, gravel, caliche
in, on or under said property.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances, excepting, however, all water rights related to or appurtenant to :said described
property, which will be conveyed by separate bargain and sale deed.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee and the Grantee's heirs and assigns forever. The Grantor, for itself and its successors and assigns, does covenant
and agree that the Grantor shall and will WARRANT TilE TITLE AND DEFEND the above described premises, but not
any ac:jouung vacated street or allergy. if any, in the quiet and peaceable possession of the Grantee and the heirs raid
assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, BY, THROUGH
OR UNDER Ti1E GRANTOR except and subject, however, to real property taxes, exceptions, reservations, conditions
and other matters appearing o f record in the Clerk and Recorders Office, Weld County, Colorado.
IN WITNESS WHEREOF, the Grantor has executed this Deed this IS day of June, 2018.
GRAN
Los reek Tend and Cattle Company LLC
By: Charles P. Fairchild
Its: Manager
STATE OF I Aqua -
County j
jss
of LY C 1 1>G Ci }
The foregoing instrument was acknowledged before me this IL day of June 20l 8,
by Charles P. Fairchild, as Manager of Lost Creek Laud anti Cattle Company LLC.
Witness my hand and official seal. Z '3 My commission expires:
Priscilla Layton
Comm. 02221348
Notary Public California
Los Angeles County }
,' Corm, Explrrrs Oac O3, 2021
No. ]61t. Rer. 10-04. SPLCIAI. WARRANTY I)] hIS (From a Corporation) (page I or 15 (Modined)
4408575 06/19/2018 03:36 PM
Page 2 of 6
EXHIBIT A
PARCEL 1:
IN TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6' P.M., COUNTY OF WELD, STATE OF
COLORADO:
Section 2: SW1/4
/4
Section 3: All
Section 4: All
Section 9: All
Section 10: SW1/4; WI/2 SE1/4;
EXCEPTING THEREFROM parcels of land conveyed to Morgan County Quality Water District
by Quit Claim Deed recorded December 5, 1977 in Book 816 at Reception No. 1737637 and
Confirmation and Ratification Deed recorded April 24, 1990 in Book 1262 at Reception No.
2211677, and Special Warranty Deed recorded July 21, 20O0 at Reception No. 2781945,
described as follows: A tract of land located in the West 1/2 of the Southeast 1/4 of Section 10,
more particularly described as follows: Beginning at a point on the South line of said Section 10,
which is 1320 feet West of the Southeast corner of said Section 10, and considering the South line
to bear North 90°00'00" West; thence West along the South line of Section 10, a distance of
313.07 feet; thence North 208.71 feet; thence East 313.07 feet; thence South 208.71 feet along the
East line of the West 1/2 of the Southeast 1/4 of Section 10 to the Point of Beginning,
ALSO, a tract of land 30 feet in width, 15 feet on each side of the centerline of the pipeline as
installed in Section 10, Township 3 North, Range 61 West of the 6th P.M., to be used as an access
road to operate and maintain the water storage tank, situated upon the above described lands and
said pipeline,
Section 11: All,
EXCEPT that portion thereof described in Book 1505 at Page 525.
Section 14: That part of the N1/2 described as follows:
BEGINNING at the Northeast corner of said Section. 14;
thence West, along the North line of said Section, 5280 feet, more or less, to the Northwest corner
thereof;
thence South, along the West line of said Section, 2422 feet, to the centerline of U.S. Highway
No. 6;
thence North 65°39' East, along said highway centerline, 5138 feet;
thence, along said highway centerline, on a 2° curve to the right, 556 feet to the East line of said
Section;
thence North, along the East line of said Section , 147 feet to the POINT OF BEGINNING,
EXCEPT those portions thereof described in Book 987 at Page 258, and Book 1505 at Pages 513,
517 and 525.
Section 17: N1/2
Section 18: S1/2 NI/2; S1/2
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Section 19:
Section 30:
That part of Section 19 lying West of the 100 foot wide right of way of Old State Highway 52,
the centerline of which is described as follows:
BEGINNING at the intersection of the South line of said Section with the centerline of said
highway, which point is 2465 feet East of the Southwest corner of said. Section;
thence North 32°11' East, 2829.7 feet;
thence on a 2' curve to the right, 529.1 feet;
thence North 42°46' East, 1083.2 feet to a point on the East line of said Section which is 1550
feet South of the Northeast corner thereof.
AU that portion lying South of U.S. Highway No. 52;
That portion lying North of the 100 foot wide rights of way of U.S. Highway No. 6 and Old State
Highway No. 52, the centerline of which is described as follows:
BEGINNING on the West line of said Section, 1660 feet South of the Northwest corner thereof,
which point is the intersection of said line with the centerline of U.S. Highway No. 6;
thence North 65°39' East, 2044 feet;
thence North 42°24' East, 314.3 feet;
thence on a 3° curve to the left, 340.5 feet;
thence North 32°11' East, 497 feet to a point on the North line of said Section which is 2465 feet
East of the Northwest corner thereof,
EXCEPT those portions described in Book 1499 at Page 120 and Book 1505 at Pages 513, 517
and 525,
EXCEPT all that portion lying South of U.S. Interstate Highway No. 76.
TN TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6114P.M., COUNTY OF WELD, STATE OF
COLORADO:
Section 5:
Those parts of the NW 1/4 and the W1/2 NE1/4 lying North of Chicago, Burlington & Quincy
Railroad right of way,
EXCEPT those lands conveyed by instrument recorded in Book 1523 at Page 404,
EXCEPT those parts of the NW 1./4 lying West of County Road 386 and North of U.S. Interstate
Highway No. 76, and the W1/2 NE 1/4 lying North of Chicago, Burlington & Quincy Railroad
right of way and South of U.S. Interstate Highway No. 76.
EXCEPT that portion contained in Quit Claim Deed recorded January 5, 2010 at Reception
Number 3668469, Weld County records.
EXCEPT that portion contained in Quit Claim Deed recorded October 16, 2009 at Reception
Number 3654478.
IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF THE 6T11 P.M., COUNTY OF WELD, STATE OF
COLORADO:
Section 10: All
Section 11: E1/2NW1/4; SWI/4NE1/4
Section 13: S1/2 N1/2; S1/2
Section 14: S1/2
Section 15: W1/2 SW1/4
Section 20: E1/2 SW1/4; S1/2 SE1/4; NE1/4 SE1/4
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Page 4 of 6
Section 21: N1/2 NE1/4; NE1/4 NW 1/4
Section 22: NE1/4; NW1/4 NW1/4
Section 23: N1/2; SE1/4
Section 24: All
Section 25: All lying North of U.S. Highway No. 52,
EXCEPT that part lying within the right of way for U.S. Highway No. 6, and
EXCEPT those portions thereof described in Book 989 at Page 191, Book 1499 at Page 120 and
Book 1505 at Pages 513, 517 and 525, Weld County records;
EXCEPT all lying South of U.S. Interstate Highway No. 76.
Section 26': NE1/4
Section 28: E1/2 SW1/4; W1/2 SE1/4
Section 29: E1/2 SE1/4; SW1/4 SEI/4;
EXCEPT that part of the E1/2 SE,1/4 and the SW 1/4 SE1/4 lying North and West of County Road
387.
Section 32: W1/2 W1/2; W1/2 SE1/4;
EXCEPT that part of the W1/2 W1/2 lying West of County Road 386
Section 33: SEI/4 NWI/4; SE;1/4; E1/2 SW1/4,
EXCEPT those portions thereof described in Book 1495 at Page 551 and Book 1499 at Page 120,
EXCEPT that part of the SE 1/4 and the E1/2 S W 1 /4 lying South of U.S. Interstate Highway No.
76.
IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF THE 6'r'; P.M., COUNTY OF WELD, STATE OF
COLORADO:
Section 17: NW1/4 NW' RI; S1/2 NW1/4
Section 20: W1/2 NE 1/4
Section 21: N W 1 /4N W 'i4
PARCEL 2:
IN TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6114 P.M., COUNTY OF WELD, STATE OF
COLORADO:
Section 16: That portion of the N2 lying north of the northerly line of an existing trail as indicated on the
Omar USCG 7.5' Quadrangle Map, photo revised 1978, said trail being cancelled State PJW 488-
4
Section 18: N2NE
NENW
Lot 1 (NWNW)
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Page 5 of 6
IN TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO:
Section 4: That portion of W2 of Lot 2 (N WNW) lying north of the northerly right of way line of Interstate
76 (State RW 1247-12)
Section 5: That portion of E2 of Lot 1 (NENE) lying northerly of the northerly right of way line of Interstate
76 (State R/W 1247-12)
IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO:
Section 8: All
Section 9: All
Section 13: N2N2
Section 14: N L4
Section 15: SE4
Section 16: All
Section 17: E2
NENW
Section 20: E2NE
NW
W2SW
NWSE
Section 21: S2NW
Section 22: S2
Section 23: SW
Section 26: NW
That portion of the S2 lyin.g north of the northerly right-of-way line of Interstate 76.
Section 27: All
Section 28: W2SW
E2SE
Section 32: NE
E2SW
E2SE
Section 33: NE.
NENW
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Page 6 of 6
W2W2
Section 34: That portion of the N2 and the N2SW lying north of the northerly right-of-way line of Interstate
76.
Section 357 That portion of the N2NW lying north of the northerly right-of-way line of interstate 76.
IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF THE 611 P.M_, COUNTY OF WELD, STATE OF
COLORADO:
Section 11: N WNE.
W2NW
SW
W2SE
Section 14: NW
Section 15: N2
E2SW
Section 21: S2NE
S2
Section 22: NENW
S2NW
Section 28: N2
Section 32: That portion of E2NW lying south and east of the southeasterly line of county road.
legal rev. (410698)
HT( Heritage
Title Company
(j Commonwealth -
TITLE DEPARTMENT —DELIVERY TRANSMITTAL
7251 West 20th Street, Building L, Suite 100
Greeley, CO 80634
(970) 330-4522 Fax: (866) 828-0844
DATE: October 19, 2018
FILE NUMBER: H0547346
GUARANTEE NUMBER: CO-FFAH-IMP-81COG6-1-18-H0547346
PROPERTY ADDRESS: none shown, Weld County, CO
YOUR REFERENCE N UMBER: 121909000002
TO: Cureton Midstream, LLC
518 17th St.
Suite 650
Denver, CO 80202
if checked, supporting documentation enclosed
ATTN: Nick Holland
PHONE: (720) 390-4506
MOBILE: (303) 324-5967
FAX: (000) 000-0000
E-MAIL: nick.holland�acuretonmidstream.com
DELIVERY: Email
NO. OF COPIES: I
END OF TRANSMITTAL
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
r�
Guarantee No.: CO-FFAH-IMP-81COG6-1-18-H0547346
Commonwealth Land Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
Black Mountain Land Company, LP, a Texas Domestic Limited Partnership
The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A,
which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
Commonwealth Land Title Insurance Company
Countersigned:
By:
Authorized Officer or Agent
Ei
Ray d y Quirt Pcasidant
Atte
I�I,chaa.Gra,eII Sacittary'
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: H0547346-820-GRO Guarantee No.: CO-FFAH-IMP-81 COG6-1-18-110547346
Order No.: H0547346-820-GRO
Liability: $135.00
1. Name of Assured:
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Guarantee No.: CO-FFAH-IMP-81COG6-1-18-H0547346
Fee: $135.00
Black Mountain Land Company, LP, a Texas Limited Partnership
2. Effective Date of Guarantee:
October 16, 2018 at 6:00 PM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the
interest, if any, which was acquired by
Black Mountain Land Company, LP, a Texas Domestic Limited Partnership
pursuant to a Special Warranty Deed recorded June 19, 2018 at Reception Number 4408575 in and to the land described as
follows:
See Exhibit A attached hereto and made a part hereof.
Only the following deeds appear in such records subsequent to January 6, 1997:
Reception No. 2527960 Book 1585
Reception No. 4408575
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto.
2. Instruments, proceedings, or other matters which do not specifically describe said land.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: H0547346-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547346
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS:
IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO:
SECTION 9: Northwest Quarter.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: 110547346-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547346
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to
defraud 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.
C. R. S. A. § 10-1-128 (6)(a).
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No. H0547346-820-GRO Guarantee No. CO-FFAH-IMP-81 COG6-1-18-H0547346
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
fol lowing:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings, whether or not the natters excluded under (1) or (2) are shown by the records of the taxing authority or
by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water,
whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of
the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the
description set forth in Schedule A of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are
expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assume or
agreed to by one or more of the Assures; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any
judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided.
The identity of any party shown or referred to in Schedule A.
The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
(c)
(d)
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this
Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(d) "public records": records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge.
(e) "date": the effective date shown in Schedule A.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT.
An Assured shall notify the Company promptly in writing in case
knowledge shall come to an Assure hereunder of any claim of title or interest
which is adverse to the title to the estate or interest, as stated herein, and which
might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the Company, then all
liability of the Company shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured under this
Guarantee unless the Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any action or
proceeding to which the Assured is a party, notwithstanding the nature of any
allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS;
DUTY OF ASSURED CLAIMANT TO COOPERATE.
Even though the Company has no duty to defend or prosecute as set forth
in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to
institute and prosecute any action or proceeding, interpose a defense, as limited
in (b), or to do any other act which in its opinion may be necessary or desirable
to establish the title to the estate or interest as stated herein, or to establish the
lien rights of the Assured, or to prevent or reduce loss or damage to the
Assured. The Company may take any appropriate action under the terms of this
Guarantee, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph it shall do so diligently
(b) If the Company elects to exercise its options as stated in Paragraph
4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or expenses incurred by an
Assure in the defense of those causes of action which allege matters not
covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a
defense as permitted by the provisions of this Civarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to appeal from an
adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute
or provide for the defense of any action or proceeding, an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit the Company to use, at
its option, the name of such Assured for this purpose. Whenever requested by
the Company, an Assured, at the Company's expense, shall give the Company
all reasonable aid in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the Assured. If the Company is prejudiced by the failure of the Assured to
furnish the required cooperation, the Company's obligations to the Assured
under the Guarantee shall terminate.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2 of these
Conditions and Stipulations have been provided to the Company, a proof of
loss or damage signed and sworn to by the Assured shall be furnished to the
Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the matters covered by this Guarantee which constitute the basis of loss or
damage and shall state, to the extent possible, the basis of calculating the
amount of the loss or damage. If the Company is prejudice by the failure of the
Assured to provide the required proof of loss or damage, the Company's
obligation to such assured under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to examination under oath by
any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as
may be designated by any authorized representative of the Company, all
records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably pertain to
the loss or damage. Further, if requested by any authorized representative of the
Company, the Assured shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information
designated as confidential by the Assure provided to the Company pursuant to
this Section shall not be disclosed to others unless, in the reasonable judgment
of the Company, it is necessary in the administration of the claim. Failure of
the Assure to submit for examination under oath, produce other reasonably
requested information or grant permission to secure reasonably necessary
information from third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of
the Company under this Guarantee to the Assured for that claim.
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: 110547346-820-GRO
Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547346
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to
Purchase the Indebtedness.
The Company shall have the option to pay or 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 Guarantee, or to pay the full amount of this
Guarantee or, if this Guarantee is issued for the benefit of a holder of a
mortgage or a lienholder, the Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for the amount owing
thereon, together with any costs, reasonable attorneys' fees and expenses
incurred by the Assured claimant which were authorized by the Company up to
the time of purchase.
Such purchase, payment or tender of payment of the full amount of the
Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the owner of such indebtedness
shall transfer and assign said indebtedness, together with any collateral
security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in
Paragraph (a) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its options
under Paragraph 4, and the Guarantee shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or
With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an
Assured claimant any claim assured against under this Guarantee, together with
any costs, attorneys' fees and expenses incurred by the Assured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay.
Upon the exercise by the Company of the option provided for in
Paragraph (b) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its options
under Paragraph 4.
7. DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Assured claimant who has suffered loss or
damage by reason of reliance upon the assurances set tbrth in this Guarantee
and only to the extent herein described, and subject to the Exclusions From
Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured shall
not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the
mortgage of an Assured mortgagee, as limited or provided under Section 6 of
these Conditions and Stipulations or as reduced under Section 9 or these
Conditions and Stipulations, at the time the loss or damage assured against by
this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered
hereby as stated herein and the value of the estate or interest subject to an
defect, lien or encumbrance assured against by this Guarantee.
R. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation by the Company 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 competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured
for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made for costs,
attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount
of liability pro tanto.
10. PAYMENT OF LOSS.
(a) No payment shall be made without producing this Guarantee for
endorsement of the payment unless the Guarantee has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of
the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT.
Whenever the Company shall have settled and paid a claim under this
Guarantee, all right of subrogation shall vest in the Company unaffected by any
act of the Assure claimant.
The Company 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 Guarantee not been issued. If requested by the
Company, the Assured shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right of
subrogation. The Assured shall permit the Company to sue, compromise or
settle in the name of the Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not full cover the loss of the
Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs
of collection.
12. ARBITRATION.
Unless prohibited by applicable law, either the Company or the Assured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the Assured
arising out of or relating to this Guarantee, any service of the company in
connection with its issuance of the breach of a Guarantee provision or other
obligation. All arbitrable matters when the Amount of Liability is 51,000,000
or less shall be arbitrated at the option of either the Company or the Assured.
All arbitrable matters when the amount of liability is in excess of 51,000,000
shall be arbitrable only when agreed to by both the Company and the Assured.
The Rules in effect at Date of Guarantee shall be binding upon the parties. The
award may include attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE
ENTIRE CONTRACT.
(a) This Guarantee together with all endorsements, if any, attached
hereto by the Company is the entire Guarantee and contract between the
Assured and the Company. In interpreting any provision of this Guarantee, this
Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or validating
officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Claims Department
Post Office Box 45023
Jacksonville, FL 32232-5023
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Johnson, Anne
From:
Sent:
To:
Cc:
Subject:
Tom Parko Jr. <tparko@weldgov.com>
Wednesday, October 10, 2018 9:03 AM
Johnson, Anne
Nick Holland; Vance, Lynn
RE: Cureton Midstream Certificates of Conveyances and Title Commitment
Anne,
We prefer a COC, but we will accept a Chain of Title Guarantee in -lieu of.
Tom
From: Johnson, Anne <Anne.Johnson@tetratech.com>
Sent: Tuesday, October 9, 2018 7:55 PM
To: Tom Parka Jr. <tparko@weldgov.com>
Cc: Nick Holland <nick.holland@curetonmidstream.com>; Vance, Lynn <LVance@heritagetco.com>
Subject: RE: Cureton Midstream Certificates of Conveyances and Title Commitment
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Thanks Tom
Anne Best Johnson, MBA, AICP I Senior Planner 1 Smart Cities Initiative Director
1560 Broadway, Suite 1400. Denver, Colorado 80202
Office +1 720-931-9373 Cell +1 720-204-0173
Anne.JohnSon[tetratech.com
Tetra Tech I Complex World, Clear Solutions TM
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From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Tuesday, October 9, 2018 7:52 PM
To: Johnson, Anne <Anne.Johnson@tetratech.com>
Cc: Nick Holland <nick.holland@curetonmidstream.com>; Vance, Lynn <LVance@heritagetco.com>
Subject: Re: Cureton Midstream Certificates of Conveyances and Title Commitment
Anne,
Good evening. I'll look at it tomorrow morning and will get back to you shortly thereafter.
Tom
Sent from my iPhone
On Oct 9, 2018, at 7:23 PM, Johnson, Anne <Anne.Johnson@tetratech.com>wrote:
1
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Tom,
Hello. We're running tight on time to get this ordered. Can you provide a response to Lynn's question
below?
Thanks,
Anne
Anne Best Johnson, MBA, AICP I Senior Planner 1 Smart Cities Initiative Director
1560 Broadway, Suite 1400. Denver, Colorado 80202
Office +1 720-931-9373 Cell +1 720-204-0173
Anne.Johnson@tetratech.com
Tetra Tech I Complex World, Clear Solutions TM
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distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be
unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it
from your system.
On 2018-10-05 07:52, Johnson, Anne wrote:
Hello. The County requires a Certificate of Conveyance and the Town requires a Title
Commitment for different project submittals. Please see email exchange with a Title
Company representative below this email. Will the County and Town of Keenesburg
accept these substitutions for a "complete" and "correct" application package
submittal?
Sincerely,
Anne
Anne Best Johnson, MBA, AICP I Senior Planner / Smart Cities Initiative Director
1560 Broadway, Suite 1400, Denver, Colorado 80202
Office +1720-931-9373 Cell +1 720-204-0173
AnneJohnson@tetratech.com
Tetra Tech I Complex World, Clear Solutions""
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This message, including any attachments, may include privileged, confidential and/or inside information.
Any distribution or use of this communication by anyone other than the intended recipient is strictly
prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying
to this message and then delete it from your system.
2
From: Vance, Lynn <LVance@heritagetco.com>
Sent: Friday, October 5, 2018 7:41 AM
To: Johnson, Anne <Anne.Johnson@tetratech.com>
Cc: Nick Holland <nick.holland@curetonmidstream.com>
Subject: RE: Cureton Midstream Certificates of Conveyances and Title Commitment
Good morning Anne,
We are now issuing Chain of Title Guarantees in place of Certificates of
Conveyances. They have the same information and cost and the county is accepting
them in place of COCs. We issue Title Reports instead of Title Commitments (same
information but without a "commitment to insure"). These are changes our
underwriter required. I will get started on them and should be able to email them to
you before 10/22.
Thanks,
Lynn
Lynn Vance
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Hello