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HomeMy WebLinkAboutTitle Report.pdf Land Title Guarantee Company CUSTOMER DISTRIBUTION d Title GUARANTEE COMPANY W W W.LT G C.C OM Date: 06-27-2013 Our Order Number: VC50028134.1 Property Address: A PORTION OF THE TIMBER RIDGE PROPERTY VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Karen Biggs 610 WEST L I ONSH EAD Cl RCL E#200 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMail: kbiggs@tgc.com WRIGHT AND COMPANY*TMX* PO BOX 7270 DELIVER TO SSF AVON AVON, CO 81620 Attn: CAROL GLASSON Phone: 970-949-6204 Fax: 970-949-1966 Copies: 1 EMaiL cg lasson@wrightandcompanyinc.com Linked Commitment Delivery Land Title Guarantee Company Date: 06-27-2013 Land Title Our Order Number: VC50028134.1 GUARANTEE COMPANY W W W.LT G C.C OM Property Address: A PORTION OF THE TIMBER RIDGE PROPERTY VAIL, CO 81657 Buyer/Borrower: TO BE DETERMINED Seller/Owner: TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, COLORADO NON-PROFIT CORPORATION Need a map or directionsfor your upcoming closing?Check out Land Titldsweb siteat www.Itgc.com for directionsto any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 (Reissue Rate) TBD If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $0. 00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! First American Title Insurance Company ALTA COMMITMENT Our Order No. VC50028134.1 ScheduleA Cust. Ref.: Property Address: A PORTION OF THE TIMBER RIDGE PROPERTY VAIL, CO 81657 1. Effective Date: June 17, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed I nsured: "ALTA" Owner's Policy 06-17-06 $0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: SEE ATTACHED 4. Title to the estate or interest covered herein is at the effective date hereof vested in: TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, COLORADO NON-PROFIT CORPORATION 5. The Land referred to in this Commitment isdescribed asfollows: SEE ATTACHED PAGE(S)FOR LEGAL DESCRIPTION Our Order No. VC50028134.1 3.The estate or i nterest i n t he I and descri bed or referred to i n t hi s Corrrritment and covered herei n i s: A LEASEHOLD AS CREATED BY THAT CERTAIN LEASE DATED , EXECUTED BY TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, COLORADO NON-PROFIT CORPORATION, AS LESSOR AND TO BE DETERMINED, AS LESSEE, RECORDED AT RECEPTION NO. , FOR THE TERM OF YEARS, UPON AND SUBJECT TO ALL OF THE PROVISIONS THEREIN CONTAINED. Our Order No: VC50028134.1 LB34L DESM PTl CN A PORTION OF: LOTS 1, 2, 3, 4, AND 5, BLOCK C, LION'S RIDGE SUBDIVISION, ACCORDING TO THE PLAT RECORDED JUNE 8, 1973 IN BOOK 229 AT PAGE 458, COUNTY OF EAGLE, STATE OF COLORADO. AND ALL RIGHTS, TITLE, AND INTEREST TO AN EASEMENT IN THE FOLLOWING DESCRIBED PROPERTY: THAT PROPERTY DESCRIBED IN AN ENCROACHMENT EASEMENT AGREEMENT FILED FOR RECORD JANUARY 30, 1980 IN BOOK 298 AT PAGE 22, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF LOT 6, BLOCK C, LION'S RIDGE SUBDIVISION, ACCORDING TO THE PLAT RECORDED JUNE 8, 1973 IN BOOK 229 AT PAGE 458, COUNTY OF EAGLE, STATE OF COLORADO, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 6 WHENCE THE SOUTHWEST CORNER OF SAID LOT 6 BEARS S 37 DEGREES 09 MINUTES 31 SECONDS E 40.54 FEET; THENCE N 37 DEGREES 09 MINUTES 31 SECONDS W ON SAID WESTERLY LINE 103.01 FEET; THENCE DEPARTING SAID WESTERLY LINE N 41 DEGREES 23 MINUTES 21 SECONDS E 7.25 FEET; THENCE S 48 DEGREES 36 MINUTES 39 SECONDS E 53.16 FEET; THENCE S 41 DEGREES 23 MINUTES 21 SECONDS W 4.90 FEET; THENCE S 48 DEGREES 36 MINUTES 39 SECONDS E 47.80 FEET; THENCE S 41 DEGREES 23 MINUTES 21 SECONDS W 22.80 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. *************************************************************** NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. ALTA COMMITMENT Schedule B- Section 1 (Requirements) Our Order No. VC50028134.1 The following are the requirements to be complied 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 COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. THIS COMMITMENT IS FOR THE PURPOSE OF DISCLOSING EASEMENTS, COVENANTS AND OTHER NON-MONETARY EXCEPTIONS. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. VC50028134.1 Thepolicyor policiesto beissued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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 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. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c)water rights, claims or title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the Public Records. 8. EXISTING LEASES AND TENANCIES. 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 AUGUST 16, 1909, IN BOOK 48 AT PAGE 542 AND 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 IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48, AT PAGE 542 AND RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. 11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JULY 25, 1969, IN BOOK 215 AT PAGE 649 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 02, 1970, IN BOOK 219 AT PAGE 235 AND AS AMENDED IN INSTRUMENT RECORDED JUNE 08, 1973, IN BOOK 229 AT PAGE 457. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. VC50028134.1 The policy or policiesto be issued will contain exceptionsto thefollowing unless the same are disposed of to the satisfaction of the Company: THE COMPANY HEREBY AGREES TO ISSUE ENDORSEMENT FORM 100.6 OVER THE ABOVE ITEM. 12. EASEMENTS, RESERVATIONS, AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLATS OF A RESUBDIVISION OF LION'S RIDGE SUBDIVISION BLOCK C. 13. EASEMENT AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED JULY 19, 1972 IN BOOK 224 AT PAGE 824. 14. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED SEPTEMBER 12, 1979 IN BOOK 290 AT PAGE 952. 15. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT EASEMENT AGREEMENT RECORDED JANUARY 30, 1980 IN BOOK 298 AT PAGE 22. 16. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED OCTOBER 15, 1980 IN BOOK 311 AT PAGE 210. 17. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM RECORDED DECEMBER 22, 1988 IN BOOK 497 AT PAGE 279. 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR BUS SHELTER RECORDED MAY 15, 2002 AT RECEPTION NO. 795694. 19. TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTION RECORDED JULY 17, 2003 AT RECEPTION NO. 840811 AND AMENDMENT THERETO RECORDED AT RECEPTION NO. 20. TERMS, CONDITIONS AND PROVISIONS OF TIMBER RIDGE AFFORDABLE HOUSING PROJECT -PROJECT AGREEMENT RECORDED SEPTEMBER 04, 2003 AT RECEPTION NO. 846636. 21. TERMS, CONDITIONS AND PROVISIONS OF ABSTRACT OF LEASE RECORDED NOVEMBER 21, ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. VC50028134.1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 2003 AT RECEPTION NO. 858980. 22. TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED DECEMBER 07, 2011 AT RECEPTION NO. 201122786. 23. ANY AND ALL DEEDS OF TRUST OR OTHER ENCUMBRANCES OF RECORD. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION DISCLOSURE STATEMENTS 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 shall be obtained from the County Treasurer or 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 1, 1997, 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 Regulation 3-5-1, Section 7L 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 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 Owners 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 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 un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or mayor 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. 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 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: 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 or 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. 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. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information- particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Typesof Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or(2)as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSI TE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC_, A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company-Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. 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. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1