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HomeMy WebLinkAboutSupporting Documentation - 09/09/2025LAND TITLE GUARANTEE COMPANY Date: September 09, 2025 Subject: Attached Title Policy/Guarantee Enclosed please find your product relating to the property located at 4305 E HARMONY ROAD AND TBD E HARMONY ROAD, FORT COLLINS, CO 80528. If you have any inquiries or require further assistance, please contact Land Title Customer Care Team at (970) 305- 8298 or customercare@ltgc.com Chain of Title Documents: Larimer county recorded 02/05/2007 under reception no. 20070009315 Larimer county recorded 04/22/2009 under reception no. 20090024965 Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: 3. Prosecution of Actions 1. 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. 2. 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 "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (a) "Public Records"; those records which impart constructive notice of matters relating to said land;(b) "Date": the effective date;(c ) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (d) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company.(e) 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. (a) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (b) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (c ) Mechanic's lien(s), judgment(s) or other lien(s).(d) 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 ofthe Date; or (c) attaching or creating subsequent to the Date. (e) 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. 6. Limitation of Liability - Payment of Loss 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. 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. (a) 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. (b) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (c ) 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. (d) 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. (e) This anti-fraud statement is affixed and made a part of this policy. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President Liability:$50,000.00 Fee:$540.00 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 RED TRUCK TREE FARMS, . 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 September 05, 2025 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: SERFER LAND VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY 2. The estate or interest in the land hereinafter described or referred to covered by this Binder : FEE SIMPLE 3. The Land referred to in this Binder is described as follows: PARCEL I: THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE SAID NORTHWEST 1/4 AS BEARING SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST 1/4 SOUTH 01 DEGREES 37 MINUTES 31 SECONDS EAST 31.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF COLORADO HIGHWAY NO. 68; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE THE FOLLOWING 3 COURSES AND DISTANCES: 1. SOUTH 89 DEGREES 40 MINUTES 30 SECONDS EAST 701.60 FEET; 2. SOUTH 89 DEGREES 12 MINUTES 00 SECONDS EAST 246.00 FEET; 3. SOUTH 89 DEGREES 26 MINUTES 00 SECONDS EAST 164.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 37 MINUTES 00 SECONDS WEST 1455.25 FEET; Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25218867 Policy No.: PIB25218867.29087466 THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST 1323.25 FEET TO THE WEST RIGHT OF WAY OF I-25; THENCE ALONG THE WEST AND SOUTH RIGHTS OF WAY LINES OF I-25 AND COLORADO HIGHWAY NO. 68, THE FOLLOWING 4 COURSES AND DISTANCES: 1. NORTH 01 DEGREES 55 MINUTES 40 SECONDS WEST 613.34 FEET; 2. NORTH 21 DEGREES 12 MINUTES 15 SECONDS WEST 859.53 FEET; 3. NORTH 89 DEGREES 29 MINUTES 33 SECONDS WEST 295.97 FEET; 4. NORTH 86 DEGREES 12 MINUTES 38 SECONDS WEST 52.20 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 8, 1971 IN BOOK 1452 AT PAGE 645, RECORDS OF SAID COUNTY; THENCE ALONG THE EAST, SOUTH AND WEST LINES OF SAID PARCEL SOUTH 00 DEGREES 37 MINUTES 00 SECONDS WEST 209.70 FEET, NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST 200.00 FEET, NORTH 00 DEGREES 37 MINUTES 00 SECONDS EAST 5.00 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 8, 1970 IN BOOK 1441 AT PAGE 226, RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION AND SAID SOUTH LINE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST 183.40 FEET TO THE WEST LINE OF SAID PARCEL; THENCE ALONG SAID WEST LINE NORTH 00 DEGREES 37 MINUTES 00 SECONDS EAST 243.33 FEET TO THE SOUTH RIGHT OF WAY LINE OF COLORADO HIGHWAY NO. 68; THENCE ALONG SOUTH RIGHT OF WAY LINE THE FOLLOWING 3 COURSES AND DISTANCES: 1. NORTH 83 DEGREES 51 MINUTES 00 SECONDS WEST 29.17 FEET; 2. NORTH 88 DEGREES 26 MINUTES 45 SECONDS WEST 60.00 FEET; 3. NORTH 89 DEGREES 26 MINUTES 00 SECONDS WEST 156.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PARCELS CONVEYED TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, BY THE DEED RECORDED JUNE 12, 1998 UNDER RECEPTION NO. 98049111 AND RECORDED OCTOBER 27, 2008 UNDER RECEPTION NO. 20080067318; AND FURTHER EXCEPTING THOSE PARCELS CONVEYED TO JAY D. STONER BY THE DEEDS RECORDED JUNE 4, 2008 UNDER RECEPTION NOS. 2008035633 AND 2008035634, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL II: A TRACT OF LAND SITUATED IN THE NW 1/4 OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 3 AS BEARING S 89° 26' E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE NW CORNER OF SAID SECTION 3; THENCE S 89° 26' E ALONG THE SAID NORTH LINE, 1515.83 FEET; THENCE S 00° 34' W, 48.56 FEET TO THE SOUTH RIGHT OF WAY LINE OF COLORADO HIGHWAY 68 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 00° 34' W, 226.44 FEET; THENCE N 89° 26' W, 158 FEET; THENCE N 00° 34' E, 241.89 FEET TO THE SOUTH RIGHT OF WAY; THENCE S 83° 51' E ALONG SAID RIGHT OF WAY 158.75 FEET TO THE TRUE POINT OF BEGINNING. 4. The following documents affect the land: 1.RESERVATION AS CONTAINED IN DEED FROM DENVER PACIFIC RAILWAY AND TELEGRAPH CO. RECORDED JANUARY 23, 1848 IN BOOK N AT PAGE 24. 2.RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED SEPTEMBER 03, 1980, IN BOOK 2067 AT PAGE 134 (AFFECTS NW 1/4). Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25218867 Policy No.: PIB25218867.29087466 3.RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED SEPTEMBER 03, 1980, IN BOOK 2067 AT PAGE 136 (AFFECTS NW 1/4). 4.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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1892 IN BOOK 86 AT PAGE 43 (AFFECTS THE SW1/4 OF NW1/4). 5.TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED MAY 08, 1955 IN BOOK 993 AT PAGE 508. 6.TERMS, CONDITIONS AND PROVISIONS OF ACCESS RIGHTS RECORDED OCTOBER 31, 1963 IN BOOK 1226 AT PAGE 185. 7.RIGHT OF WAY EASEMENT AS GRANTED TO FORT COLLINS-LOVELAND WATER DISTRICT IN INSTRUMENT RECORDED APRIL 04, 1968, IN BOOK 1382 AT PAGE 824. 8.RIGHT OF WAY EASEMENT AS GRANTED TO FORT COLLINS-LOVELAND WATER DISTRICT IN INSTRUMENT RECORDED NOVEMBER 20, 1968, IN BOOK 1398 AT PAGE 106. 9.TERMS, CONDITIONS AND PROVISIONS OF SPECIAL REVIEW RECORDED JANUARY 08, 1981 AT RECEPTION NO. 395138 IN BOOK 2097. 10.TERMS, CONDITIONS AND PROVISIONS OF SPECIAL REVIEW RECORDED OCTOBER 06, 1993 AT RECEPTION NO. 93073124. 11.TERMS, CONDITIONS AND PROVISIONS OF OPTION AND LEASE AGREEMENT EVIDENCED BY MEMORANDUMS RECORDED JUNE 06, 1996 AT RECEPTION NO. 96040418. FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT RECORDED JULY 1, 2011 AT RECEPTION NO. 20110039356. 12.TERMS, CONDITIONS, PROVISIONS AND ACCESS RESTRICTIONS CONTAINED IN DEED RECORDED OCTOBER 22, 1946 IN BOOK 824 AT PAGE 137 AND MAY 14, 1970 IN BOOK 1432 AT PAGE 677. 13.RIGHT OF WAY EASEMENT AS GRANTED FOR ROAD IN INSTRUMENT RECORDED MAY 18, 1979, IN BOOK 1953 AT PAGE 735. 14.RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED JANUARY 25, 1988, UNDER RECEPTION NO. 88003205. 15.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY AGREEMENT RECORDED AUGUST 26, 1993 AT RECEPTION NO. 93061695. 16.EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY OF COLORADO STATE HIGHWAY NO. 185, AS GRANTED TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO IN INSTRUMENT RECORDED JUNE 12, 1998 UNDER RECEPTION NO. 98049111 AND RECORDED OCTOBER 27, 2008 UNDER RECEPTION NO. 20080067318. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AND RIGHT-OF-WAY AGREEMENT RECORDED FEBRUARY 01, 2012 UNDER RECEPTION NO. 20120006998. 18.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 099, 2009 RECORDED NOVEMBER 05, 2009 UNDER RECEPTION NO. 20090074621. 19.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 100, 2009 RECORDED NOVEMBER 05, 2009 UNDER RECEPTION NO. 20090074622. 20.THE EFFECT OF RIVERWALK ANNEXATION, RECORDED NOVEMBER 05, 2009, UNDER RECEPTION NO. 20090074623. 21.ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE HARMONY I-25 METROPOLITAN DISTRICT NO. 2, AS EVIDENCED BY INSTRUMENT RECORDED DECEMBER 23, 2016, UNDER RECEPTION NO. 20160089691. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25218867 Policy No.: PIB25218867.29087466 22.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF LEASE RECORDED MAY 02, 2019 UNDER RECEPTION NO. 20190022680. 23.EASEMENT GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., FOR UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED MAY 03, 2022, UNDER RECEPTION NO. 20220028591. 24.TERMS, CONDITIONS AND PROVISIONS OF WIRELESS COMMUNICATION EASEMENT AND ASSIGNMENT AGREEMENT RECORDED APRIL 01, 2015 UNDER RECEPTION NO. 20150018741. 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 $135 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. THIS PRODUCT WILL ONLY BE UPDATED FOR 24 MONTHS FOLLOWING THE EFFECTIVE DATE OF THE ORIGINAL BINDER. 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 NOT A 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: STATEMENT OF AUTHORITY FOR SERFER LAND VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED AUGUST 18, 2021 AT RECEPTION NO. 20210078306 AUTHORIZES CHRISTOPHER J. SERBOUSEK AND/OR TY D. SEUFER AND/OR THANE D. SEUFER, MEMBERS 25.TERMS, CONDITIONS AND PROVISIONS OF LEASE EVIDENCED BY MEMORANDUM RECORDED NOVEMBER 07, 2017 UNDER RECEPTION NO. 20170074767. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25218867 Policy No.: PIB25218867.29087466 RED TRUCK TREE FARMS ATTN: CORY URBAN 6776 CR 74 WINDSOR, CO 80550 Reference Your Reference Number: Our Order Number:25218867 Our Customer Number:3010815.1 Invoice (Process) Date:09/09/2025 Transaction Invoiced By:Heidi Crue Email Address:hcrue@ltgc.com INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 (303) 270-0445 Tax ID: 84-0572036 Invoice Number:25218867 Property Address:4305 E HARMONY ROAD AND TBD E HARMONY ROAD, FORT COLLINS, CO 80528 Parties:SERFER LAND VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY - Charges - Property Information Binder $540.00 Amount Credited $0.00 Total Invoice Amount $540.00 Total Amount Due $540.00 Payment due upon receipt Please reference Invoice No. 25218867 on payment Please make check payable and send to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 Form 1128 accounting/invoice.html 25218867 (34371054)