HomeMy WebLinkAbout953 frontage rd.pdf Land Title Guarantee Company
CUSTOM ER DI STRI BUTI ON
�and Title
(il1TR.4NTEE COh1VAN1'
Date: 02-22-2007 Our Order Number: VB50018109
Property Address:
953 FRONTAGE ROAD VAIL, CO 81657
I f you have any i nqui ri es or requi re further assi stance, pl�se contact one of the numbers bel ow:
For TitleAssistance:
Vail Title Dept.
Chris M cElvany
108 S FRONTAGE RD W #203
VAI L, CO 81657
Phone: 970-476-2251
Fax: 970-476-4732
EMail: cmcelvanyadtgc.com
VAIL ASSOCIATES, INC., A COLO CORP
PO BOX 7
VAIL, CO 81658
Atfi: GERRY ARNOLD
Phone: 970-845-2658
Fax: 970-845-2555
EMail: gerrya@vailresorts.com
Linked Commitment Delivery
Land Title Guarantee Company
Date: 02-22-2007
�and Title Our Order Number: VB50018109
(il1TR.4NTEE COh1VAN1'
Property Address:
953 FRONTAGE ROAD VAIL, CO 81657
Buyer/Borrower:
SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY
Sel I er/Owner:
SOHO DEVELOPMENT LLC, A COLORADO LIMITED LiABILITY COMPANY
Need a map or directionsfor your upcoming closing?Check out Land Title'sweb siteat www.ltgc.com
for directions to any of our 54 office locations.
ESTIMATE OF TITLE FEES
Information Binder $158. 00
Tf Tand T.i.tle Guarantee Company w.i].1 be closing th.is transaction, above fees w.i.11 be co.11ected at that time.
TOTAL $158. 00
Form CONTACT 06/09 THANK YOU FOR YOUR ORDER!
LAI�D 11TLE C�,IARANT�OCMPANY
I M�I CE
�and Title
(il1TR.4NTEE COh1VAN1'
Owner: SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY
Property Address: 953 FRONTAGE ROAD VAIL, CO 81657
Your Reference No.:
When referring to this order, please reference our Order No. VB500]8109
- CHARGES-
Information Binder $158.00
--Total-- $158.00
Please make checks payableto:
Land Title Guarantee Company
P.O. Box 5440
Denver, CO 80217
Chicago Title Insurance Company
ALTA COMMITMENT
Our Order No. VB50018109
ScheduleA Cust. R�.:
Property Address:
953 FRONTAGE ROAD VAIL, CO 81657
1. Effective Date: February 02, 2007 at 5:00 P.M.
2. Policy to be I ssued, and Proposed I nsured:
Information Binder
Proposed Insured:
SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILTTY COMPANY
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
SOHO DEVELOPMENT LLC, A COLORADO LIMITED LIABILTTY COMPANY
5. The land referred to in this Commitment is described asfollows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No: VB50018109
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PARCEL :1
A PARCEL OF LAND SITUATED IN A PART OF THE NE1/4 OF THE NEI/4 OF SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE SIXTH PR]NCiPAL MERiDIAN, TOWN OF VAIL,
COUNTY OF EAGLE, STATE OF COLORADO, SAiD PARCEL BE1NG MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEG]NNING AT THE SOUTHWESTERLY CORNER OF TRACT A, SOUTH FRONTAGE ROAD
SUBDIVISION, PER THE PLAT THEREOF RECORDED NOVEMBER 6, 2000, UNDER RECEPTION
NO. 743424 1N THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID CORNER
ALSO BEING THE NORTHERLY RIGHT OF WAY OF THE SOUTH FRONTAGE ROAD OF 1NTERSTATE
HTGHWAY NUMBER 70; THENCE ALONG SAID NORTHERLY RIGHT OF WAY S. 73 DEGREES 37
MINUTES 52 SECONDS W. 200.00 FEET; THENCE DEPARTING SAiD NORTHERLY RiGHT OF WAY
N. 16 DEGREES 51 MINUTES 09 SECONDS W. 158.18 FEET TO A PO1NT ON THE SOUTHERLY
RIGHT OF WAY OF INTERSTATE HIGHWAY NUMBER 70; THENCE ALONG SAID SOUTHERLY RIGHT
OF WAY N. 59 DEGREES 28 MINUTES 16 SECONDS E. 274.19 FEET TO THE NORTHWESTERLY
CORNER OF INTERSTATE HIGHWAY NUMBER 70 PARCEL 26B; THENCE DEPARTING SAID
SOUTHERLY RIGHT OF WAY AND ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 26B S. 10
DEGREES 36 MINUTES 52 SECONDS W. 31.26 FEET TO THE SOUTHWESTERLY CORNER OF SAID
PARCEL 26B, SAID PO1NT ALSO BEING THE NORTHWESTERLY CORNER OF SAID TRACT A;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT A S. ]0 DEGREES 45 MINUTES OS
SECONDS W. 34.40 FEET; THENCE CONTiNU]NG ALONG SAiD BOUNDARY S. 04 DEGREES 37
MINUTES 43 SECONDS E. 170.34 FEET TO THE PO1NT OF BEGINNiNG, COUNTY OF EAGLE,
STATE OF COLORADO.
PARCEL 2:
EASEMENT FOR INGRESS AND EGRESS AS CREATED BY COMBINATTON RELEASE OF EXISTING
EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER 13,
1989 IN BOOK 519 AT PAGE 619, COUNTY OF EAGLE, STATE OF COLORADO.
ALTA COMMiTMENT
Schedule B - Section 1
(Requirements) Our Order No. VB50018109
Thefollowing aretherequirementsto becomplied with:
Item (a)Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b)Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
Item (c)Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The
liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be
held liable to any party other than the applicant for this product.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
ALTA COMMITMENT
Schedule B- Section 2
(Exceptions) Our Order No. VB50018109
The pol icy or pol icies to be issued wi I I contain exceptions to the fol lowing unless the same are disposed
of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or otl�er matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office.
7. Liens for unpaid water and sewer charges, if any..
8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR iNTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93
AT PAGE 42.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED 1N UNiTED STATES PATENT RECORDED DECEMBER 29,
1920, ]N BOOK 93 AT PAGE 42.
1 l. ANY RIGHTS, INTERESTS OR EASEMENTS 1N FAVOR OF THE STATE OF COLORADO, THE
UN�TED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE
CLAIMED TO EXIST iN, OVER, UNDER AND/OR ACROSS THE WATERS AND PRESENT AND
PAST BED AND BANKS OF THE RED SANDSTONE CREEK.
12. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JULY 09,
1984 lN BOOK 388 AT PAGE 756.
13. TERMS, CONDITIONS AND PROVISIONS OF COMBINATION RELEASE OF EXiSTING
EASEMENTS AND CREATION OF NEW CROSS EASEMENT AGREEMENT RECORDED DECEMBER
13, 1989 IN BOOK 519 AT PAGE 619.
ALTA COMMITMENT
Schedule B- Section 2
(Exceptions) Our Order No. VB50018109
The pol icy or pol icies to be issued wi I I contain exceptions to the fol lowing unless the same are disposed
of to the satisfaction of the Company:
14. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED JUNE
25, 1991 IN BOOK 556 AT PAGE 702 AND RERECORDED AUGUST 29, 1991 IN BOOK
561 AT PAGE 191.
15. LACK OF A DIRECT ACCESS ON AND TO 1NTERSTATE HIGHWAY 70, WHICH ABUTS
SUBJECT PROPERTY.
16. EXISTING LEASES AND TENANCIES.
17. THE EFFECT OF LANDSCAPING AND CURB AND GUTTER LYING WITHIN THE FRONTAGE
ROAD RIGHT OF WAY AS SHOWN ON IMPROVEMENT LOCATION CERTTFICATE PREPARED BY
GORE RANGE SURVEYING, LLC DATED JUNE 9, 2005 JOB NO. 02-008.
NOTE: THE POLICY OF TITLE iNSURANCE WILL INCLUDE AN ARBITRATION PROVISION.
THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY
INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLA�M BETWEEN THE
COMPANY AND THE 1NSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY
SERVICE OF THE COMPANY IN CONNECTION WITH TTS ISSUANCE OR THE BREACH OF A
POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE
OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE TSSUED IF YOU VVISH TO
REVTEW THE ARBITRATION PROViSIONS AND ANY OTHER PROViSIONS PERTAINING TO
YOUR TITLE INSURANCE COVERAGE.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DI SCLOSURE STATEM ENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September l, ]997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entiry conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued)upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B)No labor or materials have been furnished by mechanics or material-men for purposes of
consh-uction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic's and materia]-men's liens.
D) The Company must receive payment of the appropriate premium.
E)if there has been construction, improvements ar major repairs undertaken on the properry to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemniry Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circu�nstances for labor ar material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third parry
holds some or all interest in oil, gas, other minerals, ar geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Form DISCLOSURE 09/O1/02
JOI NT NOTI CE OF PRI VACY POL I CY
Fidelity National Financial Group of Companies/ Chicago Title I nsurance Company
Security Union Title I nsurance Company and Land Title Guarantee Company
and Land Title Guarantee Company- Grand Junction
July 1, 2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public
that we serve. This Privacy Statement provides that explanation. We reserve the right to change Yhis Privacy
Statement from time to time consistent with applicable privacy laws.
I n the course of our business, we may collect Personal I nformation about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;
* From your transactions with, ar from the services being performed by, us, our affiliates, or others;
* From our internet web sites;
* From the public records maintained by governmental entities that we either obtain directly from those
entities, or from our affiliates or others; and
* From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal I nformation
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees wbo need such access in
connection with providing products or services to you or for other legitimate busmess purposes.
Our Policies and Practices Regarding the Sharing of Your Personal I nformation
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real
estate settlement service providers. We also may disclose your Personal Information:
* to agents, brokers or representatives to provide you with services you I�ave requested;
* to third-party contractors or service providers who provide services or perform marketmg or other
functions on our behalf; and
* to others with whom we enter into joint marlceting agreements for products or services that we believe you
may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required
by law to do so, or when we suspect fraudulent or criminal acrivities. We also may disclose your Personal
Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed
to enforce our rights arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public
domain. Such documents may contain your Personal Information.
Right to Access Your Personal I nformation and Ability to Correct Errors Or Request Changes Or Deletion
Certain states affard you the right to access your Personal Information and, under certain circumstances, to find out
to whom your Personal Information has been disclosed. Also, certain states afford you the right to request
correction, amendment or deletion of your Personal information. We reserve the right, where permitted by law, to
charge a reasonable fee to cover the costs incurred in responding to such requests.
All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company
shall be in writing, and delivered to the following address:
Privacy Compliance Officer
Fideliry National Financial, Inc.
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
M ultiple Products or Services
If we provide you with more than one financial product or service, you may receive mare than one privacy notice
from us. We apologize for any inconvenience this may cause you.
Form PRIU.POL.CHI