HomeMy WebLinkAboutTitle Commitment TOV50030963-1CUSTOMER DISTRIBUTION
Date:Our Order Number:
Property Address:
If you have any inquiries or require further assistance, please contact one of the numbers below:
06-17-2011 VC50030963-4
THE WESTERLY PORTION OF PARCEL F, BRIAR PATCH, TO BE PLATTED AS PARCELS G AND H
ON PLAT TO BE RECORDED VAIL, CO 81657
For Closing Assistance:
Kathryn Kuchler
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
Phone: 970-748-4782
Fax: 866-358-6634
EMail: kkuchler@ltgc.com
For Title Assistance:
Vail Title Dept.
Karen Biggs
610 WEST LIONSHEAD CIRCLE #200
VAIL, CO 81657
Phone: 970-476-2251
Fax: 970-476-4534
EMail: kbiggs@ltgc.com
Closer's Assistant:
Allison Benoit
Phone: 970-748-4795
Fax: 877-268-4173
EMail: abenoit@ltgc.com
LAND TITLE GUARANTEE COMPANY
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
Attn: Kathryn Kuchler
Phone: 970-748-4782
Fax: 866-358-6634
Copies: 1
EMail: kkuchler@ltgc.com
SHERMAN & HOWARD LLC *TMX*
1000 S FRONTAGE RD #200
VAIL, CO 81657
Attn: WENDY ST CHARLES
Phone: 970-476-7646
Fax: 970-476-7118
Copies: 1
EMail: wstcharles@shermanhoward.com
Linked Commitment Delivery
Land Title Guarantee Company
Date:
Our Order Number:
Buyer/Borrower:
Seller/Owner:
Property Address:
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for directions to any of our 54 office locations.
THANK YOU FOR YOUR ORDER!
ESTIMATE OF TITLE FEES
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL
Form CONTACT 06/04
06-17-2011
VC50030963-4
TOWN OF VAIL, A MUNICIPAL CORPORATION OF THE STATE OF COLORADO
BRIAR PATCH ASSOCIATION, A COLORADO NON-PROFIT CORPORATION
THE WESTERLY PORTION OF PARCEL F, BRIAR PATCH, TO BE PLATTED AS PARCELS G AND H
ON PLAT TO BE RECORDED VAIL, CO 81657
Wire Information:
Bank: FIRSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
Phone: 303-237-5000
Credit: LAND TITLE GUARANTEE COMPANY
ABA No.: 107005047
Account: 2160521825
Attention: Kathryn Kuchler
ALTA Owners Policy 06-17-06
Deletion of Exceptions 1-3 (Owner)
Deletion of General Exception 4 (Owner)
$1,371.00
$60.00
$25.00
$1,456.00
Land Title Guarantee Company
Schedule A
Our Order No.
Cust. Ref.:
1. Effective Date:
2. Policy to be Issued, and Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
5. The Land referred to in this Commitment is described as follows:
Property Address:
VC50030963-4
A L T A C O M M I T M E N T
THE WESTERLY PORTION OF PARCEL F, BRIAR PATCH, TO BE PLATTED AS PARCELS G AND H
ON PLAT TO BE RECORDED VAIL, CO 81657
June 09, 2011 at 5:00 P.M.
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
TOWN OF VAIL, A MUNICIPAL CORPORATION OF THE STATE OF COLORADO
$280,000.00
A Fee Simple
BRIAR PATCH ASSOCIATION, A COLORADO NON-PROFIT CORPORATION
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
First American Title Insurance Company
LEGAL DESCRIPTION
Our Order No:VC50030963-4
***************************************************************
NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE
UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN.
***************************************************************:
A PORTION OF PARCEL F, FOURTH AMENDMENT TO THE RESIDENCES AT BRIAR PATCH,
ACCORDING TO THE PLAT RECORDED JULY 26, 2005, AT RECEPTION NO. 923884 AND AS
DEFINED AND DESCRIBED IN THE RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS RECORDED OCTOBER 6, 1994 IN BOOK 651 AT PAGE 821, COUNTY OF EAGLE,
STATE OF COLORADO.
UPON RECORDATION OF THE PROPOSED PLAT AND SATISFACTION OF THE REQUIREMENTS
CONTAINED IN SCHEDULE B-1, HEREIN, SUBJECT PROPERTY TO BE KNOWN AS:
PARCELS H AND G, FIFTH AMENDMENT TO THE RESIDENCES AT BRIAR PATCH, COUNTY OF
EAGLE, STATE OF COLORADO
The following are the requirements to be complied with:
(Requirements)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 1
VC50030963-4
1.
2.
3.
4.
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:
EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
RECORD DULY EXECUTED AND ACKNOWLEDGED PLAT OF FIFTH AMENDMENT TO THE
RESIDENCES AT BRIAR PATCH.
NOTE: A FULL COPY OF THE FINAL PLAT MUST BE SUBMITTED TO LAND TITLE
GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER
REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY.
RECORD DULY EXECUTED AND ACKNOWLEDGED AMENDMENT TO THE DECLARATION RECORDED
OCTOBER 6, 1994 IN BOOK 651 AT PAGE 821 FOR THE FOLLOWING MATTERS:
1) TO ADD THE LEGAL DESCRIPTION FOR THE PROPERTY SUBJECTED TO THE
DECLARATION. SAID LEGAL DESCRIPTION IS REFERRED TO AS "EXHIBIT A"
THROUGHOUT THE DECLARATION, HOWEVER NO EXHIBIT IS ATTACHED.
2) TO DE-ANNEX THOSE PORTIONS OF PARCEL F TO BE KNOWN AS PARCELS H AND G ON
THE FIFTH AMENDED PLAT TO BE RECORDED.
NOTE: 67% OF OWNERS OF PROPERTY WITHIN THE RESIDENCES AT BRIAR PATCH MUST
CONSENT TO SAID AMENDMENT AND 51% OF LENDERS OF PROPERTY WITHIN THE
RESIDENCES AT BRIAR PATCH MUST CONSENT.
PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT ALTA SURVEY OF SUBJECT
PROPERTY. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE
NECESSARY.
(Requirements)Our Order No.
Continued:
A L T A C O M M I T M E N T
Schedule B - Section 1
VC50030963-4
5.
LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID ALTA SURVEY.
WARRANTY DEED FROM BRIAR PATCH ASSOCIATION, A COLORADO NON-PROFIT
CORPORATION TO TOWN OF VAIL, A MUNICIPAL CORPORATION OF THE STATE OF
COLORADO CONVEYING SUBJECT PROPERTY.
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF
AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO
SCHEDULE B-2 HEREOF.
NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL
LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS
FOLLOWS:
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF PAUL
GORDON, GOLFSTREAM REALTY, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
WEBSTER ATWELL II, GEORGE J. STRATE AND CHARLENE STRATE, BRICE A. TONDRE
AND CATHERINE J. TONDRE, THOMAS S. BOGARD AND MARINA BOGARD, RALPH E.
CHRISTOFFERSEN AND BARBARA L. CHRISTOFFERSEN, AND BRIAR PATCH
ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION.
FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY
LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TOWN OF
VAIL, A MUNICIPAL CORPORATION OF THE STATE OF COLORADO.
NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE
GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S)
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF 2010 TAXES, ITEM 6 OF THE GENERAL EXCEPTIONS
WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS.
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
VC50030963-4
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
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.
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.
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.
Any and all unpaid taxes, assessments and unredeemed tax sales.
(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.
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.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 29,
1920, IN BOOK 93 AT PAGE 42.
TERMS, CONDITIONS AND PROVISIONS OF "RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR THE RESIDENCES AT BRIAR PATCH" BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN RECORDED OCTOBER 06, 1994 IN BOOK 651 AT PAGE 821.
THE ABOVE ITEM WILL BE OMITTED UPON COMPLIANCE WITH ITEM 3 SET FORTH IN THE
RQUIREMENTS.
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
VC50030963-4
11.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF RESIDENCES AT BRIAR PATCH, FIFTH AMENDMENT RECORDED
______________ UNDER RECEPTION NO. ______________.
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 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 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 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 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 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
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 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.
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, information to an insurance company for the purpose of defrauding or
incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting
attempting to defraud the policyholder or claimant with regard to a settlemwnt 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.
Types of 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.
WEBSITE
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
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.