HomeMy WebLinkAbout20170783.tiffHT( 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
TITLE REPORT
Order No: H0487915
This Title Report is effective as of: November 7, 2016
This Title Report is being issued November 14, 2016 for the exclusive use and benefit of:
Alles Taylor & Duke , LLC, a Colorado limited liability company
The legal description of the property searched and which is the subject of this Report is:
See Exhibit A attached hereto and made a part of
Title to said described property, as of the effective date of this Report, is vested in:
Wayne Howard and Sharyn Frazer
Vesting Deed: Warranty Deed recorded July 19, 2004 at Reception Number 3200083.
The following are matters of record which encumber the property described herein:
1. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and Township lines as
established by the Board of County Commissioners for Weld County, as set forth in a document:
Recording Date:
Recording No:
October 14, 1889
Book 86 at Page 273.
2. Reservations contained in the Patent recorded January 28, 1911 in Book 333 at Page 20 which among other things
recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other
purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor
of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the
premises hereby granted, as provided by law; and the reservation from the lands hereby granted of a right of way
thereon for ditches or canals constructed by the authority of the United States.
3. Terms, conditions, provisions, agreements and obligations contained in the Indenture as set forth below:
Recording Date:
Recording No.:
September 19, 1929
Book 882 at Page 587.
And Affidavit of Possession in connection thereto recorded October 24, 1985 at Reception Number 2029763.
4. Any taxes or assessments by reason of the inclusion of the Land in the Northern Colorado Water Conservancy
District as disclosed by Decree of Court recorded at Reception Number 774846.
Title Report Printed: 1/1/0001 12:00 AM by LVV
RPT00001 (DSI Rev. 11/7/2016)
Page 1 Order No.: H0487915-820-GRO-LVV
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
American Telephone and Telegraph Company
Communications systems
February 19, 1941
Book 1075 at Page 98.
6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
American Telephone and Telegraph Company
Communications systems
August 2, 1941
Book 1082 at Page 163.
7. Any taxes or assessments by reason of the inclusion of the Land in the Johnstown Fire Protection District as
disclosed by Findings of Fact and Decree recorded June 27, 1952 at Reception Number 1133851.
8. Terms, conditions, provisions, agreements and obligations contained in the Approval -Certification -Determination as
set forth below:
Recording Date: June 1, 1976
Recording No.: 1689897.
9. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with
easements, if any, as set forth therein, and any and all assignments thereof or interests therein.
Recording Date: January 24, 1980
Recording No: 1815220.
10. Any taxes or assessments by reason of the inclusion of the Land in the Little Thompson Water District as disclosed
by Order for Inclusion recorded April 9, 1984 at Reception Number 1962270.
11. Terms, conditions, provisions, agreements and obligations contained in the Agreement and Grant of Easement as set
forth below:
Recording Date: March 26, 1986
Recording No.: 2047728.
12. Terms, conditions, provisions, agreements and obligations contained in the Compressor Site Agreement as set forth
below:
Recording Date:
Recording No.:
October 19, 1998
2647553.
And Assignment of Compressor Site Agreement recorded April 2, 2003 at Reception Number 3048469.
13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Duke Energy Services, Inc., a Colorado corporation
Purpose: Pipelines
Recording Date: November 30, 1998
Recording No: 2656378.
14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Magpie Operating, Inc.
Purpose: Pipelines
Recording Date: November 30, 1998
Recording No: 2656379.
Title Report
RPT00001 (DSI Rev. 11/7/2016)
Printed: 1/1/0001 12:00 AM by LVV
Page 2 Order No.: H0487915-820-GRO-LVV
15. All matters shown on the map of Recorded Exemption No. 0957-30-3 RE -3702 recorded March 5, 2004 at
Reception Number 3159527.
16. Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement as set forth below:
Recording Date: July 19, 2004
Recording No.: 3200084.
And Corrected Grant of Easement recorded June 27, 2005 at Reception Number 3298050.
17. Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement as set forth below:
Recording Date: August 3, 2004
Recording No.: 3205363.
18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Poudre Valley Rural Electric Association, Inc.
Overhead and/or underground electric line or system
August 16, 2004
3209392.
19. All matters shown on the map of Amended Recorded Exemption No. 0957-30-3 AMRE-3702 recorded December 6,
2005 at Reception Number 3345130.
20. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with
easements, if any, as set forth therein, and any and all assignments thereof or interests therein.
Recording Date: November 17, 2011
Recording No: 3806290.
21. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with
easements, if any, as set forth therein, and any and all assignments thereof or interests therein.
Recording Date: December 22, 2015
Recording No: 4167500.
22. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Kerr-McGee Gathering LLC, a Colorado limited liability company
Pipelines, electric power lines, data transmission lines and equipment
February 12, 2016
4180435.
23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
24. A deed of trust to
Kerr-McGee Gathering LLC, a Colorado limited liability company
Water pump stations, buildings, electric power lines, data transmission lines and
equipment
February 12, 2016
4180436.
secure an indebtedness in the amount shown below,
Amount:
Trustor/Grantor
Trustee:
Beneficiary:
Title Report
RPT00001 (DSI Rev. 11/7/2016)
$548,000.00
Howard L. Wayne and Sharyn Frazer
Public Trustee of Weld County
Wells Fargo Bank, N.A.
Printed: 1/1/0001 12:00 AM by LVV
Page 3 Order No.: H0487915-820-GRO-LVV
Recording Date: May 16, 2005
Recording No: 3286134.
25. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $102,750.00
Trustor/Grantor Howard L. Wayne and Sharyn Frazer
Trustee: Public Trustee of Weld County
Beneficiary: Wells Fargo Bank, N.A.
Recording Date: May 16, 2005
Recording No: 3286135.
Note: We find, for informational purposes only, the address of the property to be:
6450 County Road 52 1/4, Johnstown, CO 80534
THIS IS A TITLE REPORT ONLY. This is not a commitment to insure.
The information set forth herein is based on information supplied to Heritage Title Company, Inc. by sources
believed to be reliable and is provided for accommodation purposes only. Commonwealth Land Title Insurance
Company assumes no liability hereunder unless a policy or policies of title insurance are issued by
Commonwealth Land Title Insurance Company and fully paid for and the insured under said policy or policies and
party to whom this report was issued have no knowledge of any defect in title not disclosed. Reliance on the
information set forth herein is subject to the issuance of a mortgage and/or owner's policy of title insurance by
Commonwealth Land Title Insurance Company within six (6) months from the effective date hereof. If a title
insurance policy is not issued insuring the property within such time, this title report shall be null and void as of its
effective date and shall be deemed to have been furnished for informational purposes only.
Title Report Printed: 1/1/0001 12:00 AM by LVV
RPT00001 (DSI Rev. 11/7/2016)
Page 4 Order No.: H0487915-820-GRO-LVV
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WELD, STATE OF
COLORADO, AND IS DESCRIBED AS FOLLOWS:
Lot B, Amended Recorded Exemption No. 0957-30-3 AMRE-3702, according to the map recorded December 6,
2005 at Reception Number 3345130, being a part of the Southeast 1/4 of the Southwest 1/4 of Section 30,
Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado.
Title Report Printed: 1/1/0001 12:00 AM by LVV
RPT00001 (DSI Rev. 11/7/2016)
Page 5 Order No.: H0487915-820-GRO-LVV
111111111111111111111111 III 111111111111 III IIJII IIII IIII
3200083 07/19/2004 03:38P Weld County, CO
1 of 1 R 6.00 0 22.60 Steve Moreno Clerk & Recorder
WARRANTY DEED
THIS DEED. Made this 15th day of July . 2004,
between
River View Estates, LLC, A Colorado Limited
Liability Company
of the County of Weld and State of Colorado
grantor, and Wayne Hpward and Sharyn Frazer
LA50
whose legal address is 6338 Weld County Road 52-1/4, Johnstown, CO
1b.C1kel2,Cs0
80534
of the County of Weld and State of Colorado , grantees:
WITNESS. That the grantor, for and in consideration of the sum of TWO HUNDRED TWENTY SIX THOUSAND
AND NO/100
DOLLARS. (S226,000.00 ), the receipt and
sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bar-
gain, sell, convey and confirm unto the grantees. their heirs and assigns forever, not in tenancy in common but in joint tenancy,
all the real property together with improvements, if any, situate, lying and being in the County of Weld
and State of Colorado, described as follows:
Lot B, Recorded Exemption No. 0957-30-3 RE -3702, recorded March 5, 2004
at Reception No. 3159527, being a portion of the Southeast 1/4 of the
Southwest 1/4 of Section 30, Township 5 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado
also known by street and number as Vacant Land, Weld County, CO
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions. remainder and 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.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees. their
heirs and assigns forever. And the grantor. for himself, his heirs and personal representatives, does covenant, grant, bargain and
agree to and with the grantees. their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple. and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains. sales, liens, taxes, assessments.
encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due
and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title
Documents accepted by Buyer in accordance with section 8a [Title Review], of the contract dated
June 28 , 2004 , between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses-
sion of the grantees. their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
River View ates, LLC, A
Colorado ed Liabillt
Compan
By:
T. Rus"ell McCahan, Manager
STATE OF COLORADO
COUNTY OF WELD
) ss.
The foregoing instrument was acknowledged before me this 15th
T. Russell McCahan as Manager of River View
Liability, Company.
My Commission expires: July 15, 2005
day of
Estates, LLC;
Witness myaril and official -seal.
Notary Public
Carrie Walker
004,by
ado Limited
J
WARRANTY DEED (to Joint Tenants) s rre+)
File tt 1050133A0it
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