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HomeMy WebLinkAboutTitle Report_6.pdf ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50043312 • Customer Ref-Loan No.: Property Address: 770 POTATO PATCH DRIVE#13/E AKA UNIT 13/E 770 POTATO PATCH DRIVE CONDO, VAIL, CO 81657 O.. Effective Date: 02-11-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA"Owner's Policy 06-17-06 $1,155,000.00 Proposed Insured: AMY WINE VENERABLE AND CLIFTON EDWARD VENERABLE 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: SETH H. BARSKY AND MARY B. BARSKY 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT 13/E, 770 POTATO PATCH DRIVE CONDOMINIUMS,ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED DECEMBER 23, 1982 IN BOOK 350 AT PAGE 903 AND AS DEFINED IN THE AMENDED AND RESTATED CONDOMINIUM DECLARATION RECORDED AUGUST 23, 2006 UNDER RECEPTION NO. 200623086, COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2016 American Land Title Association. All Rights Reserved AMERICAN Ano TITLE 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. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: V50043312 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 THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. WARRANTY DEED FROM SETH H. BARSKY AND MARY B. BARSKY TO AMY WINE VENERABLE AND CLIFTON EDWARD VENERABLE CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO PROVIDE OWNER'S COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED.ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS'TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50043312 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the sfaction 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 that 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 WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 15, 1935, IN BOOK 93 AT PAGE 278. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 13, 1939, IN BOOK 123 AT PAGE 517. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL/POTATO PATCH RECORDED MARCH 5, 1974 IN BOOK 233 AT PAGE 629. 11. 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 BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 05, 1974, IN BOOK 233 AT PAGE 628 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 24, 1975, IN BOOK 241 AT PAGE 950. 12. TERMS, CONDITIONS AND PROVISIONS OF PARTIAL VACATION OF EXISTING EASEMENT AND CONVEYANCE OF EASEMENTS RECORDED AUGUST 23, 1990 IN BOOK 536 AT PAGE 293. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50043312 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: CONDOMINIUM MAP OF 770 POTATO PATCH DRIVE CONDOMINIUMS RECORDED DECEMBER 23, 1982 IN BOOK 350 AT PAGE 903. 14. 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, 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 INSTRUMENT RECORDED DECEMBER 23, 1982, IN BOOK 350 AT PAGE 902 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 23, 2006 UNDER RECEPTION NO. 200623086 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 25, 2010 UNDER RECEPTION NO. 201016746 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 27, 2013 UNDER RECEPTION NO. 201306048.