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EASEMENT AGREEMENT
THIS EASEMENT AGREEHENT is entered into this
qh
day of
1- 7
!J.l)llmhtY, 1982, by and between JOHN E. FULLER, ALBERT 1.
STRAUCH, and ROBERT L. COHEN (hereinafter collectively "Grantors")
and the CITY OF WHEAT RIDGE, a municipal corporation, (herein-
after "Grantee").
RECITALS
WHEREAS, the Grantors own certain real property situated
in Jefferson County, Colorado, legally described on Exhibit
"A" attached hereto and incorporated herein by this reference
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(hereinafter "Servient Property"); and
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v' WHEREAS, the Grantee is desirous of constructing, operating,
and maintaining a storm drainage system and associated facilities
(hereinafter "Improvements") upon, within, and under a portion
of the Servient Property; and
WHEREAS, the Grantors are desirous of granting a permanent
easement to the Grantee to permit the Grantee to install,
repair, and maintain the Improvements upon certain terms and
conditions as further set forth herein; and
WHEREAS, the parties are desirous of setting forth their
agreement in writing;
NOW, THEREFORE, in consideration of the mutual promises
and covenants of the parties as set forth herein, and for
other good and valuable consideration, the receipt, sufficiency,
and adequacy of which are hereby acknowledged, the parties
agree as follows:
1. Grant of Easement.
(a)
Purpose.
The Grantors do hereby grant (subject
to the provisions of paragraph 6 hereof) unto the Grantee
a permanent easement over, across, and under certain
real property, the exact legal description of which is
attached hereto as Exhibit "B" and incorporated herein by
this reference (hereinafter "Easement") for the purpose
83009859
d
of constructing, installing, operating, maintaining,
and repairing the Improvements. The Grantee acknowledges
that the Improvements shall be installed at a depth of
six feet and that the Grantee shall not place,
install, or build a permanent facility or structure,
other than those contemplated herein, upon the Easement.
(b) Perpetual Easement. This Easement shall be
perpetual to the extent permitted by law and equity.
2. Rights of Grantee. The Grantee shall have the right
to enter upon the Easement at any time to construct, install,
repair, replace, or maintain any part of the Improvements;
provided, however, the Grantee shall not be entitled to enlarge,
improve, or relocate the Improvements without the expressed
written consent of the Grantors. The Grantee shall restore
the surface of the Easement to its original condition upon the
installation, construction, or repair of the Improvements.
3. Duties of Grantee. The Grantee shall construct, improve,
~
install, maintain, and repair the Improvements in a good
workmanlike manner and in conformance with all generally
accepted practices including but not limited to back filling
all excavations made upon the Easement and repairing any damage
the Grantee may cause on the Easement. The Grantee further
acknowledges that the Easement encroaches approximately
ten (10) feet upon a curb cut located approximately at the
northwest corner of the Servient Property, and the Grantee
covenants not to disturb or otherwise impair the use of the
curb cut by the Grantors or any successor, asslgn, invitee,
or business visitor of the Grantors including but not limited
to the tenant, Uniroyal, Inc., presently occupying the Servient
Property.
4. Grantors' Reservation of Rights. The Grantors reserve
the right to use the Easement for any purpose which shall not
interfere with the Grantee's use of the Easement as set forth
- 2 -
83009859
herein; provided, however, the Grantors shall not 0rant any
easements within, under, or over the Easement without the prior
written consent of the Grantee. The Grantors shall be entitled
to cross over or upon the Easement, and the Grantee covenants
that access to the Servient Property shall not be impaired by
this Agreement.
5. Covenant. This Easement Agreement shall be deemed to
be a covenant running with the land and shall be perpetual to
the extent permitted by law and equity, and each and every
burden and benefit of this Agreement shall inure to be binding
upon the legal representatives, heirs, executors, administrators,
successors, personal representatives, and assigns of the parties
hereto. Notwithstanding anything to the contrary contained
herein, the grant of the Easement is without any warranties
whatsoever, expressed or implied, and is subject to any and all
easements, reservations, and rights-of-way of record, if any,
and in particular the rights of Uniroyal, Inc., the tenant
presently occupying the Servient Property.
6. Insurance. Grantee represents that it presently main-
tains, and shall during the existence of this Easement Agreement
maintain, liability insurance insuring against the negligent actions
..3
of employees of Grantee. Upon request Grantee shall make avail-
able to Grantor a certificate of insurance evidencing such
insurance coverage.
7. Construction of Terms. vJhenever the term "Grantors"
or "Grantee" is referred to under this Agreement, it shall be
construed to include the legal representatives, heirs, executors,
administrators, successors, personal representatives, and
assigns of the parties.
The parties agree that the headings
and captions contained in this Agreement are inserted for the
convenience of reference only and are not to be deemed a part
of or to be used in construing this Agreement.
- 3 -
83009359
IN WITNESS WHEREOF, the parties hereto have executed this
1
Agreement on the day and year first written above.
GRANTORS:
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~John E. Fuller
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Albert I. Strauch
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R'6bert L. Cohen
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GRANTEE:
ATTEST:
CITY OF WHEAT RIDGE,
a municipal corporation
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By - ," i. '--uZ. <.".--
Frank Stites, Ma~or ,~
APPROVED!: m FO~ :~
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City Attorney
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Wanda Sang
STATE OF COLORADO
COUNTY OF 1)(' r\'J fl1
ss.
The foregoing instrument was acknowledged before me this qf1~
day of NC'\!.I'fY\I')tr ,1982, by John E. Fuller, Albert 1. Strauch,
J" and Robert L. Cohen.
Witness my hand and official seal.
My commission expires:
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Notary Public
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STATE OF COLORADO
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COUNTY OF
The foregoing instrumenj (tl....as acknowledged before me this J J.lt~
day of 4: ~ _, 198~, l'6y Frank Stites, Mayor, and attested
to by Wanda san;t--, City Clerk, for the City of vJheat Ridge,
a municipal corporation.
Witness my hand and official seal.
My commission explres:
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- 4 -
83009859
The undersigned Uniroyal, Inc., a New Jersey corporation,
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the tenant presently occupying the Servient Property, hereby
~Jbject to the rights of its Gubten~nt, Best Value Tires
consents to the within Easement Agreement/and releases from
John E. Fuller, Albert I. Strauch, and Robert L. Cohen from
any and all liability, damages, and costs in connection herewith.
UNIROYAL, INC.,
a New Jersey corporation
By
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Treasurer
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ATTEST:
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Secretary
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BEST VALUE TIRES, Sub-Tenant
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Man'ager
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83009859
EXHIBIT "B"
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LEGAL DESCRIPTION:
A portion of Lot 1 of the Stevinson subdivision (described in Eook e,
pace 5) described as follows:
Beginning at a point on the west property line of Lot 1 49.75 feet
north of the southwest corner of Lot 1, thence easterly 10 feet, thence
northerly 27.32 feet to the north property line of Lot 1, and thence westerly
and southerly along the north and west property lines of Lot 1 to the point
of be[inning. This portion of Lot 1 is approxi~ately 222.84 s~uare feet in
area.
Lot 1 is ~ore co::'~~only known as 5990 IY. 44th Ave., ,,;neat EidCe, Colorc,do.
SCHEDULE A
NUMBER
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AMOUNT
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Dated this __2nd day of
January
, 19 73 . at the hour of 8:00 o' clock A,M,
The name of the insured and the estate, or interest of the insured in the land described below and cov-
ered by this policy is as follows:
CITY OF WHEAT RIDGE, a Municipal Corporation, in fee simple
2. The land, the title to which is insured, is described or known as follows:
PROPERTY DESCRIBED ON ATTACHED SHEET
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1 Rights or claims of parties in possession not shown of record, including unrecorded easements.
2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cor-
rect survey would disclose, and which are not shown by the public records.
3. Mechanics liens, or any rights thereto, where no notice of such liens or rights appear of record.
4. Taxes and assessments not yet due or payable, and Special Taxes or Assessments certified to the office of
the County Treasurer subsequent to.
Any and all unpaid taxes and assessments.
((JLORADO ~EGION. A.LTA OWNER'S POLICY-FORM B-l~70 lAM ENDED 10-17 701
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II 458022-0
6.TTACHED TO AND FORMING A PART OF NO
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Property
A tr2ct 0: land located in the NW 1/4,m~ 1/4, SE 1/4, of Section
24,T 3 s,~ 69 N, of the 6th Principal Meridian, all being located
in t~e Ci~y of Wheat Ridge, County of Jefferson, State of Colorado.
and ceing ~ore particularly described as follows:
~ ." L L" ,_. ~ S~ "i" ~ . r'4' T ~ S R 69 T,r
Degl~n~~g a~ "ne ~~ uo~ner or ~ ~4, ~eC~lon c, j, w;
thence .so'..;.':;h along the West line of SE 1/4, Section 24, T 3 S.
R 69 ~. a jistance of 259.75 feet; thence East and parallel with
the ea~~-~ est centerline of Section 24, T 3 S. R 69 W. a distance
of 3C.OO feet to a point on the east right-of-way line of Harlan,
said poin~ being the Southwest corner of Lot 5, Stevenson Sub-
divisio! and also the true point of beginning; thence North along
the Eas':; ~ight-of-way line of Harlan Street and parallel with the
West line of the SE 1/4 of Section 24, T 3 S. R 69 W. a distance
of 2C9.'5 feet; thence along a curve to the right, having a radius
of 2C.CJ :eet and an arc distance of 31.415 feet; thence East
along toe South right-of-way line of West 44th Avenue and parallel
with t~e east-~est centerline of Section 24, T 3 S. R. 69 W. a
distance :: 22.00 feet; thence in a Sou~hwesterly direction and
along a c..;.rVE to the left having a radius of 30.00 feet and an
arc GiS~a~2e of 47.123 feet; thence South along a line parallel
with t~e ~ast right-of-way lire of Harlan Street, and also parallel
\~ith t:-,e -,iest line of the SE 1/4 o'f Section 24, T 3 S R 69 T~. a
distanco :: 199.75 feet; thence West on a line parallel with the
East-~e3t :enterline of Section 24, T 3 S. R 69 W.-a distance of
12.0C :ee~ to the true point of beginning. County of Jefferson,
State 0: 2:lorado.
SC~HE~ULE a
CONTINUED
ORDER NUMBER
: 45&022 -0 ]
5. Easccents for public ut1l1tles, necessary to serve tbe 8ubdlvls1oD,
RS reserved in the Plnt of said Subdivi~ioD recorded ~ay 3. 1948
in Plat Book 8 at Page 5.
(1~e Company a~ree6 to protect the insured aga1nst loss or damage
to tbe 1t;;Jro....e:~eDts loc.:.tcd on subject property by reason ot the
use or attempted use of sucb ease:ueots, B,::Jd, further, to p::'otect
the insured a~aiost loss or damage to improvements thcre~fter
constructed upon subject property by reason of the use of attempted
use of said easements f1rs~ created after commencement of such
improvements.)
6. Any tax, assessment, fees, or charges. by reason of the inclusion
01 the subject property in ~heatrid~e ~ater District, Wheatrldge
rire Protection District, \fueatridGe Sanitation District aDd
~ctropolitan Denver Sewage Disposal District No.1.
7.
Tax sale Certificate No. 25312 on December 10
tax of 1970. (Tax sale covers Lots 1 3 d ~ '
, an 0,
properLY ~nsured herein.)
1971 for general
which includes
..
OWNER'S POLICY
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COLORADO REGION
ALT.A OWNER.S POLICY-FORM 8-t970
(AMENDED 10-17-70)
Policy of Title Insurance
uu eft I ..11111 III It I 'lit-
Issued by
Transamerlca Title Insurance Company
SVBJECT TO THE SCHFDULE OF EXCUJSlONS FHOM COVEHA(~E, THI<, EXCFI'TlONS CON.
TAINED IN SCHElHTLE B AND THE PROVI"IONS OF THE CONDITIONS AND "TIPllLATlONS
In.REllF, 1'H ,\ NS\l\TT' IUL\ TI1'LI' I-""JTR \NCI<, COi\II'Al\T, a CalIfomia corporation, lll'rl'lll called
tllf' COJupanv.. in::'l1r('~. a~ of Datt' of Polit'Y ~}Hn\'n in ~('h('tlu]{' A, agaInst lo~s or daJllap;e, not ('x~.t~t'(linp; th(~
alJlOunt of insuran(~e stated in ~('heduJe A, and costs, attorneys' feeR and expellses which the Conlpanr Illay
bpconlP ohligated tn pay hcreun(ler, sUl-itairwt.! or illfurred hy flIP insun~d hv Tt'a1ol.011 of
Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3, Lack of a right of access to and from the land; or
4, Unmarketability of such title,
[n Witness rrhereof, Tran",merica Titlf' Insurance Company ha, caused thi, policy to b" si~nerl and sf'aled
h} its "uly alllllOrizf'd offieers as of Dale of Poliey shown in Schedule A,
Transamol1lca Tdlolnsuranco Company
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By
Secretary
President.
Attest
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SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinanc~ or governmental regulation (including but not limited to building and zoning ordinances) re-
stnctmg or regulatl!1g or prohlbltmg the occupancy, use or enjoyment of the land, or regulating the character,
dlmensIO,ns or locatIOn of any Improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2, Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
m the public records at Date of Policy,
3, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
msured claimant, (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim.
ant had paid value for the estate or interest insured by this policy
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean.
(a) "insured" the insured named in Schedule A, and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant" an insured claiming loss or dam-
age hereunder
(c) "knowledge" actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by
reason of any public records.
. (d) "land" the land described. specifically or by reference
In Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term "land"
does not include any property beyond the lines of the area
specifically described or referred to in Schedule A. nor any
right, title, interest. estate or ease-ment in abutting streets.
ruaJs, avenues, alleys, lanes, ways or v.:aterways, but nothing
herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy
(e) "mortgage" mortgage, deed of trust, trust deed, or
other security instrument,
(f) "public records" those records which by law impart
constructive notice of matters relating to said land.
2, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE
The coverage ot this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an indebted-
ness secured bv a purchase money mortgage given by a pur-
chaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in
force in favor of any purchaser from such insured of either
said estate or interest or the indebtedness secured by a pur,
chase money mortgage given to such insured,
3, DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all litiga-
tion consisting of actions or proceedings commenced against
such insured, or a defense interposed against an insured in an
action to enforce a contract for a sale of the estate or interest
in said land, to the extent that such litigation is founded upon
an alleged defect. lien, encumbrance, or other matter insured
against by this policy
(b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or de-
fense is interposed as set forth in (a) above, (ii) in case knowl-
edge shall come to an insured hereunder of any claim of title
or interest which is adverse to the title to the estate or interest,
as insured. and which might cause loss or damage for which
the Companv may be liable by virtue of this policy, or (iii) if
title to the estate or interest, as insured, is rejeded as un-
marketable, If such prompt notice shall not be given to the
Company. then as to such insored all liability of the Company
shall cease and terminate in regard to the matter or matters
for which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be
prejudiced by such failure and then only to the extent of
such prejudice,
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding 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 insured, and the Company may take any appro'
priate action under the terms of this policy, whether or not
it shall be liable thereunder, and shall not thereby concede
liability or waive any provision of this policy
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the pro'
visions of this policy the Companv may pursue any such
litigation to final detemlination by a court of competent juris,
diction and expressly reserves the right, in its sole discretion,
to appeal from anv adverse judgment or order
(e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding, the insured hereunder shall secure to the
Company the right to so prosecute or provide defense in such
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for
such purpose, Whenever requested by the Company, such
insured shall give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, securing evidence,
obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured
for any expense so incurred.
4, NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b)
of these Conditions and Stipulations. a statement in writing
of any loss or damage for which it is claimed the Company
is liable under this policy shall be furnished to the Company
within 90 days after such loss or damage shall have been de-
termined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall have been
furnished, Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy
as to such loss or damage.
Continued on Front of Back Cover
Continued from Back of Front Cover
..
S OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim in-
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time
of such pavment or tender of payment, by the insured claim-
ant and authorized by the Company
6, DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall
in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance in Schedule A,
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company
tc) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within :~o days thereafter
7 LIMITATION OF LIABILITY
No claim shall arise or he maintained under this policy
(a) if the Company after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by
litigation or otherwise. removes such defect, lien or encum-
hr::mcr nr pstClhlishps thp tit]p as insur(>d, within a reasonabJ('
time after receipt of such notice; (b) in the event of litigation
until there has be€n a final determination by a court of com,
petent ,jurisdiction, and disposition of all appeals therefrom,
adverse to the title, as insured, as providc>d in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured
in settling any claim or suit without prior written consent of
the Company
8, REDUCTION OF LIABILITY
All payments under this policy, except payments made for
costs, attornp-ys' fees and expenses, shall reduce the amount
of the insurance pro tanto, No payment shall be made without
producing this policy for endorsement of such payment unless
the policv be lost or destroyed, in which case proof of such
loss or destruction shall be furnished to the satisfaction of
the Company
9 LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the Com-
pany may pay under policy insuring either (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this
policy The Company shall have the option to apply to the pay-
ment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the estate or
interest covered hy this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner
10, APPORTIONMENT
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is estab,
lished affecting one or more of said parcels but not all, the
loss shall be computed and settled on a pro rata basis as if
the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made subsequent
to Date of Policy, unless a liability or value has otherwise
been agreed upon as to each such parcel by the Company and
the insured at the time of the issuance of this policy and
shown by an express statement herein or by an endorsement
attached hereto,
I J. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant. The Companv
shall be subrogated to and be entitled to all rights and reme'
dies which such insured claimant would have had against any
person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall pennit the Company to
use the name of such insured claimant in any transaction or
litigation involving such rights or remedies, If the payment
does not cover the loss of such insured claimant, the Company
shall be subrogated to such rights and remedies in the pro-
portiun which said payment bears to the amount of said loss.
If loss should result from anv act of such insured claimant,
such act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
anv, lost to the Company by reason of the impaimlent of the
right of subrogation,
12, LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Companv
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall he restricted to the provisions and conditions
and stipulations of this policy
No amendment of or endorsement to this policy can be
made except by 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 Companv
13, 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 Transamerica Title Insurance Company,
1837 California St" Denver, Colorado 80202,
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