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Home My WebLink AboutADM150013 ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name:Pinos Del Norte Plat Application Type:CondThPl ADM Number: ADM150013 Parcel: 2101-081-1001-7 Project Description:Amended Condo Plat Participants: OWNER KMA HOLDINGS LLC 12/11/2015 CO GARFIELD & HECHT P.C. 601 E HYMAN AVE 102 ASPEN, CO 81611 APPLICANT SAM ECKER 12/11/2015 Phone: 970-479-8698 PO BOX 15 AVON CO 81620 Project Address:600 VAIL VALLEY DR VAILLocation: Pinos Del Norte Legal Description: Lot: B Block: Subdivision: Vail Village Filing 7 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 12/31/2015 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner:Jonathan Spence DRB Fee Paid: $100.00 . ,� . w _ � �.� c� (� r �,,�� _ �� ,, � °.�,, . Departm�ant_of Community Deve(opmetrt�� "�„� `� - �(�° �� Z�'� 75 South Fronta e � g f�aa� �� .� � � � 1 ;, � � � � 1 � Vail,Col�r�do B� �� '� ��° - '+ ��` � � ' �..G.! .S a�P�, ; �;�7BI ,9TD-�479i��`. � �, �o�� l`�, �� ' �zF#�.��74��`� � , .,. y� Mht, +�+� 1 �'` :„ � ( a. p �J� web w�uVw va[��ov�,�o►� r�3��+ ��`_ '� '�� ` � .. De�telts{iFnent R�ev�t�o�ir�� ._�..r_ ��f� �:� . � �._ °', , .�., , , ,. a �a�;��,..�� . �'��,�, �-_��,:�'' � ,n �y: Administrative Appiication Condominium and Townhouse Plat Genera� Information: Condominium and tawnhouse pia#s which do nat constitute "'conversions" �'rom renta! as de- fined in Section 13-7-2, Definitions, VaI Town Cpde may be approved by the administratar, subject to review by other Trnm of Vail departmenLs. Piease see Serti�n 13-fi, Cendominlum and Tawnhouse plats, Vaii Town Cvde for more de- tailed ir�formahon. Vail Tawn Caie car be faund on the Town's website at�.��r r ._�.x ��::a��. Fee: $100 ReCOrding Fees» Pl�a5e visit the Eagle County webSiCE�"r�!�."r��.�_�;�L��.�r,�Y.,��,.�� :i,,.�,��t ,„�,:? __i;'for the mast up-tq-date reauding f�ees and check wlth yaur planner prlar to submlttlng the payment A check written out to the Eagle County Clerk and Recorder is required fia be submitted once the plat has been approved by the Planning and Ertvironmental Commission and pritx to the recarding of tfie alat. Description of the Request: Amended Condominium plat Physipl Address: 600 Vail Valley Drive Parcel Number: 2101-Q81-10-00�� (Contad Eagle Co.Assesspr at 970-328-8b40 for parcel no.) Property Owner: P�nos Del Norte Condominium Associatlon Mailing Address; PO Box 69 Vail,CO 81658 Phone: 9�0-476-2747 E,.,,�� .. Owner's Signature: �.�. -j; `� � /�i.: �� '/_ �'�-�'.i t�� 1'I- ,, _ � Primary Contact/ Owner Repre�senta� am Ecker l-��- �-,J r"�,��i� t � Maiiing Address: Po Box 15 Avon,CO 81620 ph�. 970-479-8698 E-Mail: $am(c�gorerange.net Fax• 97o-479-0055 For Office Use Only: Cash_ CC: Visa/MC Last 4 CC# Auth# Check# Fee Paid: Recelved From: ee�ng Dat�—_- , `�-- ._____---� - PEC No.• � (V� j�,Q CU l 5 � Planner:_ �� Project No:��$ I�''� -D(��I � 2oning: Land Use; Location of the Proposal: Lot: ( � �iB�ock; Subdivislon� �/�I�� +,,��}�, ,�;��,�J� �� Q1-Oct-10 t Account Page 1 of 1 Account: R009163 Location Owner Information Assessment Histi�iry Situs Address 000600 VAIL Owner Name KMA HOLDINGS Actual(2015) $4,950,000 VALLEY DR#T LLC Assessed $394,020 Tax Area SC103-VAIL(TOWN)- In Care Of Name P[NOS DEL Tax Area: SC103 Mill Levy:47.0140 SC]03 NORTE Type Actual Assessed Acres SQFT Parcel Number 2101-081-10-017 Owner Address PO BOX 69 Improvements $4,950,000 $394,020 3099.000 Legal Summary Subdivision: PINOS VAIL,CO 81658-0069 DEL NORTE Unit:T Land 0.056 R679779 QCD 12-07-98 R682940 QCD 12-07-98 R713371 QCD 09-29-99 R200601726 DEC 01-23-06 R200606086 DEC 03-10-06 R200606087 EAS 03-10-06 R200606088 EAS 03-10-06 R200700857 MAP 01-10-07 Transf'ers Sale Price Sale Date Reception Number Book Page _'Q I()_'(i�ti4 '01026483 53,35t),000 I 3:I 3-�f}10 �Ol{)263R0 �+205,1t)U ()�;17%19'6 B;0�4.:.1 P:t)ti85 [mages • I'Iioto • S(<etch � ��„�.:, �� F* - ,, � «:;� � '�� '"` :�s ""��..,,� `-��:. ��' _ �, ,�w� - � � �, �,, � , �; . "�� 4' 's� .� °.� �° �� <�+ o � . .�", _Pt:. �:�. � L Ra v'.n.� �,<.�..wa.�.+-� ` '�swu. .rr.m—..��w:.++�r'✓'ikR"° http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNum=R009163 12/11/2015 r 2 Customer Distribution 1 .,�,.y1 T�1�, Our Order Number:V50042688 L.�! U t� ! i.R-+YM.a+..•t CS Cflv.Y'✓a"4Y _,��,,,�,,�,,._. Date: 12-02-2015 Property Address: 600 VAIL VALLEY DRIVE#T AKA UNIT T PINOS DEL NORTE,VAIL, CO 81657 For Title Assistance VAIL TITLE DEPARTMENT 610 WEST LIONSHEAD CIRCLE#300 VAIL,CO 81657 970-477-4500(phone) 970-476-4534(fax) eaglecountyrequests@ Itgc.com GORE RANGE SURVEYING Attention:SAM ECKER PO BOX 15 AVON,CO 81620 97Q479-8698(work) 974479-0055(work fax) sam@gorerange.net Delivered via: Electronic Mail ��i�� r,+->4i+:Araaf t�iwr�rw�� ._.��'7��...._., Land Title Guarantee Company Estimate of Title Fees Order Number: V50042688 Date: 12-02-2015 PropertyAddress: 600 VAIL VALLEY DRIVE#TAKA UNIT T PINOS DEL NORTE, VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: KMA HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices. � � � �� - . � � �° ��" � � � �� ,�,' � " �. �.,, x ,.. ..a �., �� „-�,, �_ ,� TBD Commitment $216.00 If�and Title Guarantee Company will be closing this transaction,the fees listed above will be collected at closing. Total $216.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50042688 Customer Ref-Loan No.: Property Address: 600 VAIL VALLEY DRIVE#T AKA UNIT T PINOS DEL NORTE, VAIL, CO 81657 1. Effective Date: 11-20-2015 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 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: KMA HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT T, PINOS DEL NORTE CONDOMINIUMS,ACCORDING TO THE AMENDED CONDOMINIUM PLAT THEREOF, RECORDED JANUARY 10, 2007,AT RECEPTION NO. 200700857,AND ACCORDING TO THE AMENDED AND RESTATED CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PINOS DEL NORTE CONDOMINIUMS RECORDED JANUARY 23, 2006 UNDER RECEPTION NO. 200601726 AND ANY AMENDMENTS THERETO, COUNTY OF EAGLE, STATE OF COLORADO. Copyrigh[2006-2015 American Land Title rlssociation. All Rights Reserved � .. I�H I l�A N 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 r�merican Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: V50042688 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,to-wit: 1. EVIDENCE SATISFACTORY TO LAND TITLE GUARANTEE COMPANY THAT PROPER APPROVAL WAS RECEIVED FROM THE BOARD OF DIRECTORS OF PINOS DEL NORTE CONDOMINIUM ASSOCIATION TO ENCLOSE THE OPEN DECKASSIGNED TO THE CONDOMINIUM UNITAS DESCRIBED IN SCHEDULE A. 2. THE COMPANY WILL REQUIRE A CERTIFICATION SIGNED BY A PROPER REPRESENTATIVE OF CONDOMINIUM ASSOCIATION STATING THAT THERE HAS BEEN FULL COMPLIANCE WITH THE FIRST REFUSAL PROVISIONS OF THE CONDOMINIUM DECLARATIONSAS REFERENCED IN ITEM NO. 11 OF SCHEDULE B. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF KMA HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY,AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. NOTE: THE OPERATING AGREEMENT FOR KMA HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY DISCLOSES TENEDORA SEPCOR, S. DE R.L. DE C.V.,A MEXICAN CORPORATION,AS THE SOLE MEMBER AND SANTIAGO SEPULVEDA,AS MANAGER THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 5. WARRANTY DEED FROM KMA HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE:ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES ANDlOR CHARGES REFLECTED HEREIN, IF ANY,ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50042688 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: 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency tf�at may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 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. 8. 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 MAY 20, 1905, IN BOOK 48 AT PAGE �11,AND RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1905, IN BOOK 48 AT PAGE�,. 9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, 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 BYAPPLICABLE LAW,AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 07, 1965, IN BOOK 187 AT PAGE 515. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF PINOS DEL NORTE CONDOMINIUMS RECORDED FEBRUARY 13, 1976 IN BOOK 244AT PAGE 690 AT RECEPTION NO. 140852, THE AMENDED CONDOMINIUM PLAT RECORDED JANUARY 10, 2007,AT RECEPTION NO. 2007857 AND THE SECOND AMENDED CONDOMINIUM PLAT RECORDED DECEMBER 30, 2010 UNDER RECEPTION NO. 201026484 11. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS,AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, - Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50042688 i 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: 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 LAWAS CONTAINED IN INSTRUMENT RECORDED JANUARY 23, 2006, UNDER RECEPTION NO. 200601726 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 30, 2010 UNDER RECEPTION NO. 201026483. SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 3.12 OF SAID DECLARATION. 12. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS 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 BYAPPLICABLE LAWAS CONTAINED IN INSTRUMENT RECORDED MARCH 10, 2006 AT RECEPTION NO. 200606086. 13. PERPETUAL EXCLUSIVE EASEMENT DEED RECORDED MARCH 10, 2006 UNDER RECEPTION NO. 200606087, 200606088. 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 11, 2009 AT RECEPTION NO. 200902313. 15. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR REVOCABLE PERMIT RECORDED DECEMBER 07, 2009 AT RECEPTION NO. 200926012. 16. TERMS, CONDITIONSAND PROVISIONS OF TRENCH, CONDUITAND VAULTAGREEMENT RECORDED JUNE 01, 2010 AT RECEPTION NO. 201010123. 17. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED NOVEMBER 22, 2013 AT RECEPTION NO. 201323442. JOINT NOTICE OF PRIVACY POLICY OF �� LAND TITLE GUARANTEE COMPANY�-GRAND JUNCTION, `��"��"`�`�`��'�'�" LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY �''�"t"`��''°� LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information securiry 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 pertormed by, us, our affiliates, or others; ► a consumer reporting agency, rf 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 confidentialiry and securiry 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 securiry standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISC�OSE 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. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION �c��l� �� "'��rf°"``""'�"`��"*�''� DISCLOSURE STATEMENTS -�.�r�s�t �tia�"�s� 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 will be obtained from the county Veasurer of the county in which the real property is located or that counry Veasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of TiUe Insurance pertaining to a sale of residential real property) 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 G of Article VII requires that"Every 6tle 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 Vansaction 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[he Vansaction,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-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 consVUCtion 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 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 Indemnity Agreements satisfactory to the company,and,any additional requirements as may be necessary after an examination of the aforesaid informa6on 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 disclosing that a mineral estate has been severed from the surface estate, in Schedule B-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 of 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 DeparUnent of Regulatory Agencies. ��,��,,,� � . T�r� � . aNr - -�c/y'. •`,��0�` # ,� SG'� :`'Q'* �` � . � V � * Z� Commitment to Insure J * ?f T. �7 �' * t7� -- �°�� * �r * ya�: .,d,�?o �N�a�. •,,,�„��. ALTA Commitment-2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota 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 Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identiry 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 such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term"mortgage",when used herein,shall include deed of trust,trust deed,or other security ins[rument. 2. If the proposed Insured has or acquires 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 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 and Stipulations. 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 liabiliry exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations 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 www.alta.or�. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to,this Commitment is also subject to the following: 1. Rights or claims of parties in possession no[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 suriey or inspection of the Land 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 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. IN WITNESS WHEREOF,Old Republic National Title Insurance Company has caused its corporate name and seal to be afixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: ,��+� Old Republic National Title Insurance Company Land Title Guarantee Company ,�• PL T�T�� i�� a Stock Company 3033 East First Avenue � r1 / � 400 Second Avenue South Suite 600 �,t�� 'k * �iS�� Minneapolis,Minnesota 55401 Denver,Colorado 80206 � Q � .p� (612)371-1111 303-321-1880 � U * � * Z �� ,_, * � ��o- � J'7t � Mark Bilbrey � * . Presitlent - ��`L'M a '* 0� AMERIC,4N John E.Freyer ;��* � * �1; �AN� ri��t President , a . � Q� Nd � rssocinnov Authorized Officer or A ent �� ` '�e"de�easef 9 �e t�� se�.eta�v ,�