AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY ("Agreement") is made
and entered into this 1st day of March 1996, by and between XXXXXXX COUNTY
DEVELOPMENT CORPORATION, a Colorado Corporation ("Seller") and CASTLE ROCK RANCH
PUBLIC IMPROVEMENTS AUTHORITY, a Colorado nonprofit corporation ("Buyer").
RECITALS
A. Seller owns certain real property (the "Property"), which is located
in the County of Xxxxxxx, State of Colorado, which is described on EXHIBIT A
attached hereto and made a part hereof by this reference, and all coal, oil,
gas, and other minerals thereon or thereunder, any improvements located thereon
and any personal property used in connection therewith, together with certain
water rights described in EXHIBIT B hereto, collectively referred to as the
"Premises."
B. Buyer desires to purchase and Seller desires to sell the Premises
subject to the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants and agreements
hereinafter contained, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Buyer hereby agrees to buy and Seller hereby agrees to sell for the
consideration and on the terms hereinafter provided, the Premises, free and
clear of all liabilities, obligations, mortgages, taxes and special assessments
whether assessed or not, security interests, encumbrances, liens, easements,
restrictions, covenants, and other rights, whatsoever except those specifically
set forth on EXHIBIT C attached hereto and incorporated herein by this
reference.
2. PURCHASE PRICE. The Purchase Price for the Premises shall be the sum
of $54,550,000.00, which Purchase Price shall be paid in the form of cash or
wire transfer of funds delivered at Closing.
3. CLOSING. The Closing and the transfer of the possession of the
Premises shall take place on March 29, 1996.
4. TITLE INSURANCE. Simultaneously with the execution of this Agreement
by Seller, Seller shall deliver to Buyer, at Seller's sole cost and expense, a
current commitment for issuance of an Owner's Policy of Title Insurance (the
"Title Commitment") issued by First American Title Insurance Company (the "Title
Company"), showing fee simple title to the
Property to be in Seller, on ALTA OWNERS Policy Form 1987 (amended 1990),
together with legible copies of all documents listed as exceptions thereon.
At Closing, Seller shall provide to Buyer an ALTA form 1987 (amended 1990)
Owner's Policy of Title Insurance, as amended, in the amount of $54,550,000.00
with respect to the Property, issued by Title Company and containing only the
exceptions set forth in this Agreement (the "Title Policy").
5. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer as of the date of this Agreement and on the date of Closing,
the following shall be true and correct:
a. SELLER'S AUTHORITY. The execution, delivery and performance of
this Agreement by Seller has been duly authorized by all requisite action
on the part of Seller in accordance with Seller's organizational documents
and will not conflict with or result in any breach of the terms of Seller's
organizational documents, or any other instrument or agreement to which
Seller is a party.
b. TITLE TO PREMISES. Seller has good and marketable title to the
Premises subject to no mortgage, pledge, lien, encumbrance, encroachment,
security interest or other charge, except the liens and encumbrances
identified in Schedule B-2 to the Title Commitments attached to this
Agreement as EXHIBIT C.
SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON
THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH
DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX
BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE
RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER AND OTHER
PURCHASERS SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE
AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL
LEVIES OF SUCH DISTRICTS SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR
AN INCREASE IN SUCH MILL LEVIES.
c. LABOR AND MATERIALS. All bills for work done or materials
furnished with respect to the Premises have been paid in full or will be
discharged by the date and time of Closing.
d. LITIGATION. There is no litigation or other proceeding pending
or, to the best knowledge of Seller, threatened against or relating to
Seller's interest in the Premises, nor does Seller know or have any
reasonable grounds to know of any basis for any such action or of any
governmental investigation relative to Seller insofar as it pertains to the
Premises. There are no pending or threatened proceedings for
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condemnation by any authority having that right or power, nor are there any
pending or threatened eminent domain proceedings of which the Premises is
the object.
e. LEGAL COMPLIANCE. To the best of its knowledge and belief after
reasonable investigation, Seller has complied with all federal, state and
local laws, and administrative measures relating to the operation of the
Premises, including without limitation, zoning and building ordinances of
the Town of Castle Rock, Colorado.
f. TAXES AND ASSESSMENTS. All general taxes payable with respect to
calendar year 1995 and prior years, shall have been paid on or prior to
Closing. Other than as specifically set forth in EXHIBIT C hereto, all
assessments due prior to Closing shall have been paid on or prior to
Closing. Seller knows of no public improvement which has been ordered to
be made and/or which has not heretofore been completed, assessed and paid
for.
g. MATERIAL CONTRACTS. To the best of Seller's knowledge and belief
there are no other contracts in existence for the performance of services
or the provision of materials to the Premises or for any operation or
management of the Premises.
Other than as expressly set forth herein, Seller makes no warranties with
respect to the Premises or the condition thereof.
6. CONDITION AND USE OF PREMISES. From and after the date of Seller's
execution hereof, Seller shall not grant or convey any easement, lease, license,
permit or any other legal or beneficial interest in or to the Premises without
the prior written consent of Buyer, nor shall Seller violate, or allow the
violation of, any law, ordinance, rule or regulation affecting the Premises.
Seller shall do or cause to be done all things reasonably within its control to
preserve intact and unimpaired any and all easements, grants, appurtenances,
privileges and licenses in favor of or constituting any portion of the Premises.
7. RISK OF LOSS - CONDEMNATION. The risk of loss or damage to the
Premises until the day of Closing is assumed by Seller. In the event that any
portion of the Property shall be taken in condemnation or under the right of
eminent domain prior to Closing, Buyer at its sole option may: (i) terminate
this Agreement by written notice to Seller within five (5) days of Buyer's
receipt of notice of such condemnation or eminent domain proceeding, in which
case all monies received hereunder shall be returned to Buyer and the parties
shall have no further rights against each other; or (ii) proceed to Closing and
apply the proceeds received from such condemnation or eminent domain proceeding
against the Purchase Price of the Premises.
8. TERMINATION OF AGREEMENT AND REMEDIES.
a. BUYER'S DEFAULT. In the event Buyer shall fail to perform
Buyer's obligations hereunder, Seller shall have the option to waive such
default in writing or to terminate this Agreement by written notice to
Buyer. Upon termination, the parties shall be discharged from any further
obligations and liabilities hereunder.
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b. SELLER'S DEFAULT. In the event that Seller shall fail to perform
Seller's obligations hereunder, Buyer shall have the option to seek
specific performance, waive such default, or terminate this Agreement by
written notice to Seller and seek damages for Seller's breach.
9. TRANSACTIONS AT CLOSING. The following transactions shall occur at
Closing:
a. AUTHORITY. Seller shall deliver to Buyer a certified copy of
resolutions adopted by its board of directors authorizing and adopting
the execution, delivery and performance of this Agreement.
b. DEED TO PREMISES. A special warranty deed in form satisfactory
to counsel for Buyer shall be executed and delivered to Buyer by Seller.
The special warranty deed shall convey title to the Premises free and clear
of all liens and encumbrances, and subject only to real estate taxes for
the year 1996, which are not yet due, those matters set forth in Schedule
B-2 to EXHIBIT C of record as of the Closing Date which are not objected by
Buyer or previously approved by Buyer pursuant hereto and any applicable
zoning, subdivision or other laws or regulations.
c. XXXX OF SALE. Seller shall execute and deliver to Buyer a xxxx
of sale without warranties covering any personal property incidental to
operation of the Premises, tangible and intangible (including an assignment
of all warranties and guaranties affecting the Premises and the trade name
or names under which the Premises are known), owned by Seller and located
at the Premises, stored at another location, or affecting the Premises in
any way.
d. CASH. There shall be paid to Seller by Buyer the sum of
$54,550,000.00.
e. DOCUMENTARY FEE. Buyer shall pay all sums necessary for the
documentary or transfer fee required for the recordation of the special
warranty deeds under the laws of the State of Colorado.
f. UNIFORM COMMERCIAL CODE CERTIFICATE. Seller shall deliver to
Buyer customarily accepted certificates revealing that there are no
financing statements affecting the Premises except those approved by Buyer.
g. POSSESSION OF PREMISES. At Closing, Seller shall deliver
possession of the Premises to Buyer.
h. TITLE INSURANCE. At Closing, Seller shall deliver the Title
Policy to Buyer.
i. PRORATIONS. No items shall be prorated to the date of Closing.
Buyer shall be responsible for all general taxes (including without
limitation, real and personal property taxes) first becoming due and
payable after the date of Closing. Seller agrees
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to pay at Closing any utility bills and charges accruing up to and
including the date of Closing.
10. NOTICES. All notices required herein shall be in writing and shall be
sufficient if delivered personally in return for a receipt of if sent by
registered or certified United States mail, return receipt requested, postage
prepaid, addressed as described below or to such other address as the party
concerned may substitute by written notice to the other as provided herein. All
notices given by mail shall be deemed to be received 3 days after such notice is
deposited in the United States mail.
TO THE BUYER: Castle Rock Ranch Public Improvements Authority
Attention: Mr. C. Xxxxx Xxxxxxxxxxxx
Stanford Place III, Suite 902
0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxx
Xxxxxx, Xxxxxxxx 00000
TO THE SELLER: Xx. Xxxxxxxx L. Xxxxx
Xxxxxxx County Development Corporation
000 Xxxxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxxxxx, Xxxxxxxxx 00000
11. BROKER'S FEE. Seller and Buyer each represent to the other that no
broker's, finder's or similar fee or commission is due in connection with the
transactions contemplated herein and hereby agrees to indemnify and hold
harmless the other from any claim, expense or cost (including attorneys' fees
whether suit be brought or not) resulting from any claim for such fee or
commission through the indemnifying party.
12. MISCELLANEOUS.
a. ATTORNEYS' FEES. In the event of any litigation between Buyer or
Seller concerning the transactions contemplated herein, the prevailing
party in whose full favor final nonappealable judgment is rendered shall be
entitled to court costs and reasonable attorneys' fees.
b. SURVIVAL OF REPRESENTATIONS, WARRANTIES AND OTHER OBLIGATIONS.
The representations and warranties of Buyer and Seller as made herein shall
survive the Closing and delivery of the deed. Further, all obligations of
the parties pursuant hereto which by their terms will or may be performed
following Closing shall be deemed to be conditions subsequent and shall be
performed following Closing, and the parties' rights and obligations with
respect thereto shall fully survive the Closing pursuant hereto.
c. ENTIRE AGREEMENT. This Agreement embodies all of the
representations, warranties and agreements of the parties, and it may not
be altered or modified, except by an instrument in writing signed by both
parties.
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d. BENEFIT OF AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs, successors
and permitted assigns.
e. GOVERNING LAW. This Agreement shall be governed by and construed
in accordance with the laws of the State of Colorado applicable to
contracts made and performed entirely therein.
f. TIME OF THE ESSENCE. Time shall be of the essence with respect
to the performance by the parties of their respective obligations
hereunder.
g. CAPTIONS. The captions of the paragraphs of this Agreement are
inserted only as a matter of convenience and for reference, and in no way
define, limit, or describe the scope of this Agreement, or the intent of
any provision hereof.
h. SEVERABILITY. In case any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
i. FURTHER ASSURANCES. Each party agrees that at the request of the
other party it will at any time hereafter make such further assurances and
execute or cause to be executed such further instruments as may be
reasonably requested by the other party in order that this Agreement may be
fully performed in accordance with its intent and provisions.
j. CONSIDERATION. Each party agrees that the covenants and premises
contained herein are good and sufficient consideration for the respective
obligations required hereunder.
k. COMPLIANCE WITH LAWS. In performing their respective obligations
pursuant hereto, Buyer and Seller shall comply with all applicable laws,
rules and regulations, including, without limitation, those pertaining to
Buyer in its form as a quasi-municipal corporation in the State of
Colorado.
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
specified below.
SELLER:
XXXXXXX COUNTY DEVELOPMENT CORPORATION
By: Xxxxxxxx X. Xxxxx
--------------------------------
Title: President
-----------------------------
BUYER:
CASTLE ROCK RANCH PUBLIC
IMPROVEMENTS AUTHORITY
By: C. Xxxxx Xxxxxxxxxxxx
--------------------------------
Title: President
-----------------------------
EXHIBIT A
(Legal description of the Premises)
A-1
EXHIBIT A
GOLF COURSE PARCEL A:
A parcel of land located in Sections 28, 29 and 21, all in Township 8 South
Range 67 West of the Sixth Principal Meridian, Xxxxxxx County, Colorado, being
more particularly described as follows:
BEGINNING at the North quarter corner of said Section 29 whence the Northerly
line of the East half of Section 29 bears S 88 DEG. 37'18" E a distance of
2661.22 feet; thence S 88 DEG. 37'18" E along said Northerly line a distance
of 2661.22 feet; thence N 00 DEG. 23'27" E along the Westerly line of Section 21
a distance of 782.32 feet; thence S 37 DEG. 02'12" E a distance of 2474.11
feet; thence the following four courses along Xxxxxx Ridge Filing A;
1. S 67 DEG. 47'53" W a distance of 128.79 feet;
2. S 39 DEG. 28'53" W a distance of 108.41 feet;
3. S 58 DEG. 24'13" E a distance of 228.53 feet;
4. N 83 DEG. 33'27" E a distance of 170.37 feet;
thence S 37 DEG. 02'12" E a distance of 1105.69 feet;
thence S 21 DEG. 08'57" E a distance of 2657.54 feet;
thence the following two courses along a parcel of land described by Book 695
at Page 459 of the Xxxxxxx County Clerk and Recorder's Office:
1. N 00 DEG. 19'26" W a distance of 1262.69 feet
2. N 89 DEG. 22'02" W a distance of 4017.50 feet;
thence N 00 DEG. 14'06" W along the Westerly line of the East half of Section
29 a distance of 3543.76 feet to the point of beginning;
EXCEPTING from the above parcel the following parcels:
Xxxxxx Ridge Filings A and B, all dedicated street rights of way;
ALSO EXCEPTING the following one acre parcel described as follows:
A parcel of land located in the East half of Section 29, Township 8 South,
Range 67 West of the Sixth Principal Meridian, Xxxxxxx County, Colorado, being
more particularly described as follows:
Commencing at the North quarter corner of said Section 29;
thence South 00 degrees 04 minutes 06 seconds East along the westerly line of
said East half of Section 29, a distance of 3267.55 feet to the point of
beginning;
thence North 89 degrees 45 minutes 54 seconds East a distance of 208.71 feet;
thence South 00 degrees 14 minutes 06 seconds East a distance of 208.71 feet;
thence South 89 degrees 45 minutes 54 seconds West a distance of 208.71 feet;
thence North 00 degrees 14 minutes 06 seconds West along said westerly line a
distance of 208.71 feet to the point of Beginning.
County of Xxxxxxx,
State of Colorado
GOLF COURSE PARCEL B:
A Parcel of land lying in sections 22, 27, 28, 33 & 34, all in Township 8
South Range 67 West of the Sixth Principal Meridian, Xxxxxxx County, Colorado,
being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 28 whence the Southeast
corner of said Section 28 bears S 00 DEG. 22'18" E a distance of 5302.75 feet;
thence N 53 DEG. 05'33" E a distance of 2071.05 feet to the point of beginning;
thence S 84 DEG. 49'36" E a distance of 790.91 feet;
thence S 15 DEG. 43'30" W along the Westerly right of way line of the A.T. &
S.F. Railroad a distance of 5019.66 feet;
thence along the following three courses along a parcel of land described by
Book 1095 at Page 629 of the Xxxxxxx County Clerk and Recorder:
1. N 89 DEG. 22'05" W a distance of 2386.46 feet;
2. S 00 DEG. 19'29" E a distance of 308.79 feet;
3. S 89 DEG. 22'05" E a distance of 2298.04 feet;
thence S 15 DEG. 43'30" W along the Westerly right of way line of the A.T. &
S.F. Railroad a distance of 2425.47 feet;
thence N 89 DEG. 48'11" W a distance of 678.73 feet;
thence S 00 DEG. 44'59" W a distance of 600.54 feet;
thence S 89 DEG. 03'33" E a distance of 515.85 feet;
thence S 15 DEG. 43'30" W a distance of 548.74 feet;
thence N 00 DEG. 23'36" E a distance of 226.92 feet;
thence S 15 DEG. 45'37" W a distance of 788.62 feet;
thence N 89 DEG. 09'35" W, along the South line of the North half of Section
33, a distance of 1062.26 feet;
thence N 00 DEG. 50'25" E a distance of 1475.80 feet;
thence N 56 DEG. 57'07" W a distance of 3202.16 feet;
thence N 21 DEG. 08'57" W a distance of 2657.54 feet;
thence along the following fifteen courses along Xxxxxx Ridge Filing B;
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1. N 77 DEG. 53'15" E, non-tangent to the following described curve, a
distance 42.72 feet;
2. along the arc of a curve to the right, having a central angle of 89
DEG. 23'40", a radius of 41.00 feet, the chord of which bears S 26 DEG.
49'54" W a distance of 57.68 feet and an arc length of 63.97 feet;
3. N 71 DEG. 31'44" E, tangent to the previously described curve, a
distance of 146.27 feet;
4. N 70 DEG. 13'51" E a distance of 110.35 feet;
5. N 71 DEG. 31'4" E, tangent to the following described curve, a
distance of 160.53 feet;
6. along the arc of a curve to the right, having a central angle of 51
DEG. 49'07", a radius of 908.07 feet, the chord of which bears N 82
DEG. 33'43" W a distance of 793.56 feet and an arc length of 821.26
feet;
7. S 51 DEG. 57'48" E, tangent to the previously and following described
curves, a distance of 105.49 feet;
8. along the arc of a curve to the right, having a central angle of 01
DEG. 47'42", a radius of 905.57 feet, the chord of which bears N 49
DEG. 05'17" W a distance of 28.37 feet and an arc length of 28.37 feet;
9. S 48 DEG. 11'26" E, tangent to the previously and following described
curves, a distance of 101.79 feet;
10. along the arc of a curve to the right, having a central angle of 87
DEG. 30'40", a radius of 40.00 feet, the chord of which bears S 04 DEG.
26'06" E a distance of 55.33 feet and an arc length of 61.09 feet;
11. S 47 DEG. 39'40" E non-tangent to the previously and following
described curves, a distance of 120.18 feet;
12. along the arc of a curve to the right, having a central angle of 92
DEG. 40'47", a radius of 40.00 feet, the chord of which bears N 85 DEG.
27'55" E a distance of 57.88 feet and an arc length of 64.70 feet;
13. N 41 DEG. 48'34" E, non-tangent to the previously and following
described curves, a distance of 80.00 feet;
14. along the arc of a curve to the right, having a central angle of 92
DEG. 41'18", a radius of 40.00 feet, the chord of which bears N 01 DEG.
50'31" W a distance of 57.88 feet and an arc length of 64.71 feet to a
point of compound curvature;
15. along a curve, to the right having a central angle of 09 DEG. 19'56",
a radius of 1740.00 feet, the chord of which bears N 49 DEG. 10'21" E
a distance of 283.09 feet and an arc length of 283.40 feet;
thence along the following five courses along Xxxxxx Ridge Filing A:
1. S 36 DEG. 09'41" E, non-tangent to the previously described curve, a
distance of 10.00 feet;
2. N 53 DEG. 50'19" E, tangent to the following described curve, a
distance of 1060.41 feet;
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3. along the arc of a curve to the left having a central angle of 21
DEG. 00'00", a radius of 2170.00 feet, the chord of which bears N 43
DEG. 20'19" E, a distance of 790.90 feet and an arc length of 795.35
feet;
4. N 32 DEG. 50'19" E, tangent to the previously and following described
curves, a distance of 2182.25 feet;
5. along the arc of a curve to the left, having a central angle of 12
DEG. 18'29", a radius of 1870.00 feet, the chord of which bears N 26
DEG. 41'04" E a distance of 400.94 feet and an arc length of 401.71
feet to the point of beginning;
EXCEPTING from the above parcel the following two parcels:
Exception 3:
A parcel of land located in a portion of Section 28, Township 8 South, Range
67 West of the Sixth Principal Meridian, City of Castle Rock, Xxxxxxx County,
Colorado, being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 28, whence the Northeast
corner of said Section 28 bears N 00 DEG. 22'18" W a distance of 5302.75 feet;
thence N 62 DEG. 23'09" W a distance of 660.85 feet, to the point of beginning;
thence S 63 DEG. 50'19" W a distance of 144.71 feet;
thence N 26 DEG. 09'41" W a distance of 208.00 feet;
thence N 63 DEG. 50'19" E, non-tangent to the following described curve, a
distance of 251.43 feet;
thence along the arc of a curve to the right, having a central angle of 29
DEG. 26'30", a radius of 460.00 feet, the chord of which bears S 00 DEG.
59'57" W a distance of 233.78 feet and an arc length of 236.37 feet to the
point of beginning;
Exception 4:
A parcel of land located in a portion of Section 28, Township 8 South, Range
67 West of the Sixth Principal Meridian, City of Castle Rock, Xxxxxxx County,
Colorado, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 28, whence the North corner
of said Section 28 bears N 00 DEG. 11'08" W a distance of 5299.57 feet;
thence N 58 DEG. 37'49" E a distance of 3415.73 feet, to the point of
beginning;
thence N 04 DEG. 01'05" E a distance of 208.84 feet;
thence S 87 DEG. 59'38" E a distance of 208.71 feet;
thence S 04 DEG. 01'05" W a distance of 208.84 feet;
thence N 87 DEG. 59'38" W a distance of 208.71 feet to the point of beginning
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EXHIBIT B
(Description of Water Rights)
B-1
EXHIBIT B
DESCRIPTION OF WATER RIGHTS
The right to withdraw up to 900 acre-feet of groundwater per year from
the Lower Xxxxxx, Denver, Arapahoe, and Laramie-Fox Hills Aquifers underlying
the aforementioned Property, said groundwater to be withdrawn first from said
Laramie-Fox Hills Aquifer. To the extent said Laramie-Fox Hills Aquifer is
not adequate to supply the entire 900 acre-feet of allowed withdrawals, then
the second priority source shall be said Arapahoe Aquifer. To the extent
both the Laramie-Fox Hills and Arapahoe Aquifers are not adequate to supply
the entire amount of allowed withdrawals, then the third priority source
shall be said Denver Aquifer. To the extent the foregoing three sources are
inadequate to supply the entire amount of allowed withdrawals, then the
fourth priority source shall be said Lower Xxxxxx Aquifer.
EXHIBIT C
(Exceptions to Title as to the Premises)
C-1
6. Taxes due and payable after March 29, 1996; and any tax, special
assessments, charge or lien imposed for water or sewer service, or for
any other special taxing district, due after March 29, 1996.
7. The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
United States patent recorded December 17, 1891 in Book X at Page 37,
and any and all assignments thereof or interests therein.
(Affects the NW 1/4 of Section 33.)
8. The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
United States patent recorded April 25, 1896 in Book 12 at Page 85, and
any and all assignments thereof or interests therein.
(Affects the S 1/2 of the S 1/2 of Section 29.)
(continued)
SCHEDULE B - Section 2
Commitment (NA)
SCHEDULE B, PART 2 - EXCEPTIONS (CONT'D) FILE NUMBER: 17776
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9. The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
United states patent recorded February 10, 1899 in Book X at Page 1514,
and any and all assignments thereof or interests therein.
(Affects the W 1/2 of the SE 1/4 of Section 29.)
10. The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
United States patent recorded April 25, 1898 in Book 12 at Page 85, and
any and all assignments thereof or interests therein.
(Affects the S 1/2 of the S 1/2 of Section 21.)
11. An easement for a right of way and incidental purposes granted to
Mountain States Telephone and Telegraph Company by the instrument
recorded September 18, 1923 in Book 72 at Page 452, upon the terms and
conditions set forth in the instrument, over a portion of the land.
(Affects Section 34.)
12. An easement for a right of way and incidental purposes granted to
Mountain States Telephone and Telegraph Company by the instrument
recorded September 18, 1923 in Book 72 at Page 453, upon the terms and
conditions set forth in the instrument, over a portion of the land.
(Affects Section 27.)
10. Easements and rights of way in favor of American Telephone and Telegraph
Company as granted by instrument recorded July 5, 1951 in Book 103 at Page
264.
(Affects Section 27, Section 33 and Section 34.)
11. Easements and rights of way in favor of American Telephone and Telegraph
Company as granted by instrument recorded August 31, 1951 in book 103 at
Page 324.
(Affects Section 27.)
12. Each and every right or rights of access to and from any part of the
right of way for Colorado State Highway No. 1, from and to any part of
subject property abutting upon said highway, as granted to The Department
of Highways, State of Colorado, by Deed recorded December 4, 1951 in Book
103 at Page 406.
(Affects Section 27.)
(continued)
SCHEDULE B, PART 2 - EXCEPTIONS (CONT'D) FILE NUMBER: 17776
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13. An easement for communication line facilities and incidental purposes
granted to Mountain States Telephone and Telegraph Company by the
instrument recorded July 24, 1968 in Book 185 at Page 232, upon the terms
and conditions set forth in the instrument, over a portion of the land.
14. The effect of the inclusion of the subject property in the Castle Rock
Fire Protection District, as disclosed by the instrument recorded
September 12, 1980 in Book 393 at Page 836 and September 16, 1980 in
Book 394 at Page 93.
15. An easement for a roadway for ingress and egress and incidental purposes
granted to Xxxxxx X. Xxxxxx and Xxxxxxx X. Xxxxxx by the instrument
recorded June 7, 1983 in Book 477 at Page 866.
16. Covenants, conditions and restrictions, which so not include a forfeiture
or reverter clause, and any and all supplements, amendments, and
annexations thereto, set forth in the instrument(s) recorded June 14, 1983
in Book 476 at Page 732, but omitting any covenant or restriction based on
race, color, religion, sex, handicap, familial status, or national origin.
17. Terms, conditions, provisions, agreements and obligations specified under
the Water Agreement recorded July 18, 1983 in Book 483 at Page 282.
18. Any and all xxxxx and well rights, ditches and ditch rights, reservoirs and
reservoir rights, as evidenced by instruments recorded July 18, 1983 in
Book 483 at Pages 312, 355, 367, 382, 384, 396, 413 and 425.
19. Covenants, conditions and restrictions, which do not include a forfeiture
or reverter clause, and any and all supplements, amendments, and
annexations thereto, set forth in the instrument(s) recorded July 18,
1983 in Book 483 at Page 340, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial status, or national
origin.
20. Terms, conditions, provisions, agreements and obligations specified under
the Ordinance No. 84-33 recorded January 30, 1984 in Book 554 at Page 427.
21. Restrictions, conditions, stipulations and easements imposed upon subject
property by Castle Rock Ranch P.U.D. Preliminary Plan recorded December
18, 1984 Reception No. 343350.
22. Terms, conditions, provisions, agreements and obligations specified
under the Annexation and Development Contract recorded December 18, 1984
in Book 554 at Page 543.
23. Covenants, conditions, lien rights and restrictions which do not include a
forfeiture or reverter clause, as set forth in the Declaration recorded
August 18, 1986 in Book 659 at Page 785, but omitting any covenant or
restriction based on race, color, religion, sex, handicap, familial
status, or national origin.
SCHEDULE B, PART 2 - EXCEPTIONS (CONT'D) FILE NUMBER: 17776
-------------------------------------------------------------------------------
24. Restrictions, conditions, stipulations and easements imposed upon subject
property by Xxxxxx Ridge Pre-P.U.D. Site Plan recorded November 20, 1986
at Reception No. 8625697.
25. Terms, conditions, provisions, agreements and obligations specified
under the Ordinance N. 86-19 recorded November 20, 1986 in book 680 at
Page 955.
26. Terms, conditions, provisions, agreements and obligations specified
under the Draft Master Plan recorded December 10, 1986 in Book 686 at
Page 630.
27. Covenants, conditions and restrictions, which do not include a
forfeiture or reverter clause, and any and all supplements, amendments,
and annexations thereto, set forth in the instrument(s) recorded August
18, 1986 in Book 659 at Page 785, but omitting any covenant or
restriction based on race, color, religion, sex, handicap, familial
status, or national origin.
NOTE: Amendment of said covenants, conditions and restrictions by an
instrument recorded April 22, 1987 in Book 715 at Page 692.
28. Terms, conditions, provisions, agreements and obligations specified
under the Ordinance No. 86-19 recorded November 20, 1986 in Book 680
at Page 955.
29. Terms, conditions, provisions, agreements and obligations specified
under the By-Laws of the Xxxxxx Ridge Community Association recorded
February 13, 1987 in Book 700 at Page 799.
28. Restrictions, conditions, stipulations, easements, notes and rights of
way imposed upon subject property by the plat of Xxxxxx Ridge Filing A
recorded March 18, 1987 at Reception No., 8707610.
NOTE: Affidavit of Correction recorded October 5, 1988 in Book 818 at
Page 272.
29. Restrictions, conditions, stipulations and easements imposed upon subject
property by Xxxxxx Ridge Filing A Final P.U.D. recorded March 18, 1987
at Reception No. 8707611.
30. Restrictions, conditions, stipulations, easements, notes and rights of
way imposed upon subject property by the plat of Xxxxxx Ridge Filing B
recorded March 18, 1987 at Reception No. 8707512.
NOTE: Affidavit of Correction recorded October 5, 1988 in Book 818 at
Page 274.
31. Restrictions, conditions, stipulations and easements imposed upon
subject property by Xxxxxx Ridge Filing B Final P.U.D. Site Plan recorded
March 18, 1987 at Reception No. 8907613.
(continued)
SCHEDULE B, PART 2 - EXCEPTIONS (CONT'D) FILE NUMBER: 17776
-------------------------------------------------------------------------------
32. Restrictions, conditions, stipulations, easements, notes and rights
of way imposed upon subject property by the plat of Xxxxxx Ridge Filing
No. 11 recorded March 19, 1987 at Reception No. 8707614.
NOTE: Affidavit of Correction recorded October 5, 1988 in Book 818 at
Page 276.
33. Restrictions, conditions, stipulations and easements imposed upon subject
property by Xxxxxx Ridge Filing No. 11 Final Site Plan recorded March 18,
1987 at Reception No. 8707615.
34. Easements and Rights of way for People's Natural Gas Company, equipment,
mains and appurtenances, various underground water mains connecting from
the existing xxxxx to water treatment and storage facilities as
disclosed by instrument recorded August 7, 1987 in Book 739 at Page 979.
35. Terms, conditions, provisions, agreements and obligations specified
under the contracts by and between Xxxxxx Ridge Metropolitan Districts
1, 2, 3, 4 and 5 recorded February 15, 1988 in Book 841 at Pages 551,
558, 561 and 564.
36. Terms, conditions, provisions, agreements and obligations specified
under the facilities development fee agreement recorded February 29, 1989
in Book 842 at Page 911.
37. Terms, conditions, provisions, agreements and obligations specified
under the Agreement for Development of Water Rights recorded August 28,
1989 in Book 869 at Page 939.
38. Terms, conditions, provisions agreements and obligations specified
under the Agreement for Development of Water Rights recorded August 28,
1989 in Book 869 at Page 992.
39. Item 39 is hereby deleted.
40. Terms, conditions, provisions, agreements and obligations specified
under the suspension Agreement recorded October 21, 1992 in Book 1092 at
Page 1719 and rerecorded December 7, 1992 in Book 1100 at Page 117.
41. The effect of the inclusion of the subject property in the Special
District, as disclosed by the instrument recorded January 11, 1993 in
Book 1106 at Page 1284.
