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Home My WebLink AboutDRB130342 TITLE REPORT.pdf stewart title Stewart Title - Edwards 97 Main Street, Ste W-201 View your transaction progress 24/7 via SureClose. Edwards, CO 81632 Ask us about your login today! Date: July 11, 2013 File Number: 01330-25832-Amended No. C3 Buyer: 1425 Buffehr Creek, LLC, a Colorado Limited Liability Company Seller: Carl M. Williams and Alycia P. Williams Property: 1425 Buffehr Creek Road, Vail, CO 81657 Please direct all Closing inquiries to: Trudy Matarese P.O. Box 2000 - 97 Main St. Suite W-201 Edwards, CO 81632 Phone: (970) 926-0230 Fax: (970) 926-0235 Email Address: tmatares @stewart.com SELLER: BUYER: Carl M. Williams and Alycia P. Williams 1425 Buffehr Creek, LLC, a Colorado Limited Liability 2495 S. Quebec St. #28 Company Denver, CO 80231 141 E. Meadow Drive, #211 Home Phone: Vail, CO 81657 Email Address: cmiwill @aol.com Delivery Method: Emailed Delivery Method: Emailed Listing Agent: Selling Agent: The Kleimer Company Solaris Vail Real Estate, LLC P.O. Box 4269 141 East Meadow Drive 1060 West Beaver Creek Boulevard Vail, CO 81657 Avon, CO 81620 Attn: Craig Cohn Attn: Ben Kleimer Phone: (970)479-6000 Phone: (970)471-1425 Fax: (970)479-6666 Fax: (970) 845-7322 Email Address: craig @solarisvail.com Email Address: ben @kleimer.com Delivery Method: Emailed Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment(6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stew art e Y Y AA..�..tN f title guaranty company Aulho-rize o ar�aLU'e �' Matt Morris ufN President and CEO Stewart Title - Edwards 'GU4 97 Main Street, Ste W-201 �v4'4o4poq�'�4��L g Edwards, CO 81632 :. (970) 926-0230 = 1 9 0 8 %,rA,S,nn' [Denise C rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A M UICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. I 1k,40 7I TL L .4st11(.eT[tlH File No.01330-25832 n 004-UN ALTA Commitment(6/17/06) CONDITIONS 1. The term mortgage,when used herein, shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< htto.-#www.alta. &r -. 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 P.O. Box 2029, Houston,Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. .n M[RI4.:AN All other uses are prohibited. Reprinted under license from the American Land Title Association. .1tl.I.I YI Icy^. File No.01330-25832 004-UN ALTA Commitment(6/17/06) y COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-25832-Amended No. C3 1. Effective Date: June 28, 2013 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a)A.L.T.A. Owner's Policy 2006 (Extended) $1,850,000.00 Proposed Insured: 1425 Buffehr Creek, LLC, a Colorado Limited Liability Company (b)A.L.T.A. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Carl M. Williams and Alycia P. Williams 5. The land referred to in this Commitment is described as follows: Lot 4, CLIFFSIDE, According to the Final Plat of Lot 4, Cliffside recorded July 15, 1987 in Book 466 at Page 19 as Reception No. 362242. COUNTY OF EAGLE, STATE OF COLORADO Purported Address: STATEMENT OF CHARGES 1425 Buffehr Creek Road These charges are due and payable Vail, CO 81657 before a policy can be issued Basic Rate 2006 Owner's Policy: $3,625.00 Owner's Extended Coverage: $50.00 Tax Certificate: $20.00 Copyright 2006-2009 American Land Title Association. All rights reserved. i The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-25832 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART File No.: 01330-25832-Amended No. C3 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property(architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 7. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 8. Deed from vested owner(s)vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). 9. [Intentionally deleted.] 10. Execution of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. for 1425 Buffehr Creek, LLC. Note: The operating agreement discloses Solaris Redevelopment Corporation as Member. Note: The Colorado Secretary of State shows 1425 Buffehr Creek, LLC in good standing. Copyright 2006-2009 American Land Title Association. All rights reserved. i The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-25832 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-25832-Amended No. C3 Schedule B of the policy or policies to be issued will contain exceptions to the following matters 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the reservation of the 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 August 16, 1909 in Book 48 at Page 542. 10. Easement and right-of-way as granted to Holy Cross Electric Association, Inc., in instrument recorded July 31, 1973 in Book 230 at page 351 as Reception No. 126214. 11. Easement and right-of-way as granted to Holy Cross Electric Association, Inc., in instrument recorded June 19, 1973 in Book 229 at Page 655 as Reception No. 125511. 12. Protective Covenants recorded September 20, 1972 in Book 225 at Page 443, and instrument recorded September 29, 1972 in Book 225 at Page 565, and the Amendment recorded in Book 233 at Page 53, and in Book 362 at Page 804. 13. Utility easements 20 feet in width, 10 feet on each side of all interior lot lines and a 15 foot utility easement along and abutting on all exterior lot lines as reserved on the plat for Lion's Ridge Subdivision, Filing No. 2 recorded September 20, 1972 as Reception No. 121219 and Lion's Ridge Filing No. 3 recorded September 10, 1979 as Reception No. 187193. 14. Agreement between Tayvel Environmental Land Company and Mountain States Telephone and Telegraph Company, providing for telephone installation and service throughout Lion's Ridge Subdivision, Filing No. 2, Copyright 2006-2009 American Land Title Association. All rights reserved. i The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-25832 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY ` COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II recorded September 27, 1973 in Book 231 at Page 291 as Reception No. 127161. 15. Easement for water line and utility purposes as granted to Lion's Ridge Water District and Vail Village West Water and Sanitation District, in instrument recorded May 13, 1981 in Book 322 at Page 972, and recorded in Book 322 at Page 973. 16. Easement for electrical and/or distribution line purposes as granted to Holy Cross Electric Association, Inc., in instrument recorded in Book 211 at Page 103. 17. All matters as shown on the Plat of Cliffside recorded April 15, 1975 in Book 239 at Page 405. 18. Order of Inclusion in The Vail Fire Protection District recorded May 29, 1981 in Book 323 at Page 820 as Reception No. 220186. 19. Conveyance of Roadway Easement recorded January 4, 1982 in Book 334 at Page 234 as Reception No. 230589. 20. All matters as shown on the Final Plat of Lot 4, Cliffside recorded July 15, 1987 in Book 466 at Page 19 as Reception No. 362242. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. i The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-25832 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY DISCLOSURES File No.: 01330-25832 Pursuant to C.R.S. 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 SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. 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: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Edwards 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 Lender's Title 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 materialmen for purposes of construction 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 unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property 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 Indemnity 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 circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: 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 party holds some or all interest in oil, gas, other minerals, or 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. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. 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. File No.:01330-25832 CO Commitment Disclosure STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates(the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'personal information;the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing Yes No customer accounts,such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and non-financial companies. Our Yes No affiliates may include companies with a Stewart name;financial companies, such as Stewart Title Company For our affiliates'everyday business purposes—information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affiliates are companies not related by No We don't share common ownership or control.They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use,we use protect my personal information? security measures that comply with federal and state law. These measures include computer,file, and building safeguards. How do the Stewart Title Companies We collect your personal information,for example,when you collect my personal information? • request insurance-related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out)in certain instances,we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston,Texas 77056 File No.:01330-25832 Page 1 of 1