HomeMy WebLinkAbout20190391.tiffLand Title Guarantee Company
CUSTOMER DISTRIBUTION
Date: July 31, 2018 Our Order Number: FCIF25142366
Property Address:572 COUNTY ROAD 42.5 WELD 00000
INTERMILL LAND SURVEYING INC
Attn: JIM BUNKERS
1301 N. CLEVELAND AVENUE
LOVELAND, CO 80537
jim.ils@gwestoffice.net
If you have any inquiries or require further assistance, please contact Final Policy Department
Phone: 970-282-3649
Property 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 or 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 [and 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 herinbefore 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 use 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 sealing 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
Whenever 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 of 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 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.
This anti -fraud statement is affixed and made a part of this policy.
Issued through the Office of:
LAND TITLE GUARANTEE COMPANY
3033 E 1ST AVE #600
DENVER, CO 80206
303-850-4165
John E. Freyer, Jr., President
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
612) 371-1111
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Mark Bilbrey, President
Rande Yeager, Secretary
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
PROPERTY INFORMATION BINDER
Order Number: FCIF 25142366
Policy Number: P1B25142366.2588607
This Policy is issued in lieu of Policy No. PIB25142366.1756229 which is(are) hereby cancelled.
Liability: $50,000.00
Fee: $0.00
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
INTERMILL LAND SURVEYING INC
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 July 25, 2018 at 5:00 P.M.
1. Title to said estate or interest at the date hereof is vested in:
LAWRENCE L. BEBO AKA LAWRENCE BEBO AND JACQUELYN D. BEBO
2. The estate or interest in the land hereinafter described or referred to covered by this Binder
is:
A FEE SIMPLE
3. The land referred to in this Binder is situated in the State of Colorado, County of
Weld, described as follows:
PARCEL I:
LOT A, RECORDED EXEMPTION NO. 1061-19-04 2AMRECX17-04-3669, RECORDED JULY 19,
2018 AT RECEPTION NO. 4416422, BEING LOCATED IN THE SE 114 OF SECTION 19,
TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO
PARCEL II:
THE NE 1/4 OF THE SW 1/4 AND ALL THAT PART OF THE W 1/2 OF THE SE 1/4 OF SECTION
19, TOWNSHIP4 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF THE W 1/2 OF THE SE 1/4 OF SECTION 19; THENCE
SOUTH THROUGH THE CENTER OF SAID SE 1/4 2436 FEET TO THE CENTER OF THE
LITTLE THOMPSON CREEK; THENCE S 76° 15' W, 100 FEET; THENCE N 10° 30' E, 180 FEET;
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
PROPERTY INFORMATION BINDER
Order Number: FCIF 25142366
Policy Number: PIB25142366.2588607
This Policy is issued in lieu of Policy No. PIB25142366.1756229 which is(are) hereby cancelled.
THENCE N 44° 00' W, 100 FEET; THENCE S 35° W, 262 FEET; THENCE N 65° 15' W, 200 FEET;
THENCE S 22° 50' W, 97 FEET; THENCE S 89° W, 60 FEET; THENCE N 04° E, 200 FEET;
THENCE N 15° 10' E, 185 FEET; THENCE N 43° 40' W, 200 FEET; THENCE N 69° 45' W, 150
FEET; THENCE S 22° 30' W, 100 FEET; THENCE N 76° W, 173 FEET; THENCE N 43° 15' W, 125
FEET; THENCE N 84° W, 137 FEET; THENCE N 41° 15' W, 232 FEET; THENCE N 36° W, 170
FEET; THENCE S 50° 35' W, 80 FEET; THENCE N 04° 15' W, 70 FEET; THENCE N 52° 20' W, 60
FEET, TO THE WEST LINE OF SAID SE 1/4; THENCE NORTH ALONG THE HALF SECTION
LINE TO THE NW CORNER OF SAID SE 1/4 THENCE EAST ALONG THE HALF SECTION LINE
TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION LYING SOUTH OF THE CENTERLINE OF THE
LITTLE THOMPSON CREEK
ALSO EXCEPTING THEREFROM A STRIP OF GROUND AND RIGHTS OP WAY CONVEYED BY
DEED RECORDED JANUARY 9, 1883 IN BOOK 36 AT PAGE 275
4. The following documents affect the land:
1) RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD
COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
2) RIGHT OF WAY RESERVED IN DEED RECORDED MARCH 18, 1876 IN BOOK 12 AT PAGE 429
AND 430 AND JUNE 25, 1875 IN BOOK 12 AT PAGE 273
3) RESERVATIONS BY THE UNION PACIFIC RAILROAD COMPANY COMPANY OF:
(1) ALL OIL, COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY,
(2) THE EXCLUSIVE RIGHT TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER
MINERALS, AND
(3) THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, MINE AND
REMOVE OIL, COAL AND OTHER MINERALS, (4) THE RIGHT TO MAINTAIN AND OPERATE ITS
RAILROAD IN ITS PRESENT FORM OF CONSTRUCTION, AND TO MAKE ANY CHANGE IN THE
FORM OF CONSTRUCTION OR METHOD OF OPERATION OF SAID RAILROAD, ALL AS CONTAINED
IN DEED RECORDED MARCH 18, 1907, IN BOOK 20 AT PAGE 75.
4) RIGHT OF WAY AS RESERVED IN DEED RECORDED NOVEMBER 18, 1881 IN BOOK 25 AT
PAGE 58
5) RIGHT OF WAY EASEMENT AS GRANTED FOR A DITCH IN INSTRUMENT RECORDED
DECEMBER 09 1884, IN BOOK 47 AT PAGE 338 AND 339
6) RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED APRIL 18
1892, IN BOOK 109 AT PAGE 129.
7) RIGHT OF WAY EASEMENT AS GRANTED FOR A DITCH IN INSTRUMENT RECORDED
JANUARY 23, 1901, IN BOOK 273 AT PAGE 30.
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
PROPERTY INFORMATION BINDER
Order Number: FCIF 25142366
Policy Number: PIB25142366.2588607
This Policy is issued in lieu of Policy No. PIB25142366.1756229 which is(are) hereby cancelled.
8) ROAD RIGHT OF WAY AS GRANTED IN DEED RECORDED APRIL 13, 1920 IN BOOK 603 AT
PAGE 24 AND 26
9) RIGHT OF WAY EASEMENT AS GRANTED TO CENTRAL WELD COUNTY WATER DISTRICT IN
INSTRUMENT RECORDED MAY 19, 1967, UNDER RECEPTION NO. 1503616 IN BOOK 582.
10) RIGHT OF WAY EASEMENT AS GRANTED TO CENTRAL WELD COUNTY WATER DISTRICT IN
INSTRUMENT RECORDED MAY 19, 1967, UNDER RECEPTION NO. 1503679 IN BOOK 582.
11) RIGHT OF WAY EASEMENT AS GRANTED TO THE CENTRAL WELD COUNTY WATER
DISTRICT IN INSTRUMENT RECORDED MAY 19, 1967, UNDER RECEPTION NO. 1503638 IN BOOK
582.
12) EASEMENTS AS RESERVED IN DEED RECORDED NOVEMBER 4, 1976 AT RECEPTION NO.
1702872 IN BOOK 781
13) RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED JANUARY 27, 1977, UNDER RECEPTION NO.
1709906 AND 1709907 AND 1709913 AND 1709918.
14) RIGHT OF WAY EASEMENT AS GRANTED TO CENTRAL WELD COUNTY WATER DISTRICT IN
INSTRUMENT RECORDED MARCH 13, 1981, UNDER RECEPTION NO. 1852176 IN BOOK 930.
15) RIGHT OF WAY EASEMENT AS GRANTED TO CENTRAL WELD COUNTY WATER DISTRICT IN
INSTRUMENT RECORDED OCTOBER 30, 1981, UNDER RECEPTION NO. 1873393 IN BOOK 951.
16) RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED FEBRUARY 23, 1987, UNDER RECEPTION NO.
2089245 IN BOOK 1147.
17) TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 25,
2001 AT RECEPTION NO. 2843309.
18) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF EXEMPTION RECORDED JANUARY 19, 2004 UNDER RECEPTION NO. 3145775 AND
AMENDED JANUARY 28, 2010 AT RECEPTION NO. 3672546.
19) OIL AND GAS LEASE RECORDED APRIL 12, 2011 UNDER RECEPTION NO. 3761808 AND ANY
AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS
RECORDED OCTOBER 01, 2014 UNDER RECEPTION NO. 4050204.
20) ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
PROPERTY INFORMATION BINDER
Order Number: FCIF 25142366
Policy Number: PIB25142366.25886O7
This Policy is issued in lieu of Policy No. PIB25142366.1756229 which is(are) hereby cancelled.
RECORDED APRIL 15, 2014, UNDER RECEPTION NO. 4009076, AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
21) EXISTING LEASES OR TENANCIES, IF ANY
NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR
REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT.
NOTE: THIS BINDER IS NOTA REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND
SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS
THAT ARE SET FORTH IN CRS 24-65.5-103.
NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY
THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL
COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR
EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE
DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER.
22) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF RECORDED EXEMPTION NO. 1061-19-04 2AMRECX17-04-3669 RECORDED JULY 19,
2018 UNDER RECEPTION NO. 4416422.
23) EASEMENT GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., FOR
UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED MARCH 26, 2018, UNDER
RECEPTION NO. 4385525.
24) EASEMENT GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC„ FOR
UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED MARCH 26, 2018, UNDER
RECEPTION NO. 4385526.
25) INTERESTS CONVEYED IN CORRECTION MINERAL DEED RECORDED APRIL 16, 2018
UNDER RECEPTION NO. 4391155, AND ANY AND ALL INTERESTS THEREIN OR RIGHTS
THEREUNDER.
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