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HomeMy WebLinkAbout1.01 Title commitmentAPPENDIX A TITLE COMMITMENT Date: 02 -25 -2003 Property Address: NOONE & HALL, P.C. PO DRAWER 39 GLENWOOD SPRINGS, CO 81602 Attn: JAXNIE POOLE Phone: 970- 945 -4500 Fax: 970- 945 -5570 Copies: 1 Sent Via US Postal Service Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: GW240673 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW240673 Schedule A Cust. Ref.: Property Address: 1. Effective Date: February 06, 2003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TB D " Commitment Proposed Insured: TBD 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: URSULA COWGILL 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. GW240673 LEGAL DES F 1W A TRACT OF LAND SITUATED IN LOTS 1 AND 5 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND ALSO IN THE WEST HALF OF LOT 13 IN SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINING AT THE NORTHWEST CORNER OF SAID LOT 13 WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHEAST CORNER OF SAID SECTION 13 BEARS N 02 DEGREES 03'24" W 804.85 FEET; THENCE N 88 DEGREES 46'49" E 1300.29 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 13; THENCE 5 01 DEGREES 13'25" E 700.00 FEET; THENCE N 88 DEGREES 46'49" E 18.05 FEET; THENCE S 00 DEGREES 43'28" E 623.82 FEET TO A POINT IN A FENCE AS BUILT AND IN PLACE; THENCE S 89 DEGREES 39'26" W 1288.54 FEET ON SAID FENCELINE ; THENCE S 88 DEGREES 48'41" W 533,50 FEET ON SAID FENCE LINE; THENCE N 745.83 FEET; THENCE N 07 DEGREES 31'03" E 72.91 FEET; THENCE S 89 DEGREES 20'12" E 160.00 FEET; THENCE N 07 DEGREES 31'03 "E 550.28 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF GARFIELD COUNTY ROAD NO. 103 AS BUILT AND IN PLACE; THENCE N 89 DEGREES 20'12" E 81.42 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE; THENCE S 88 DEGREES 55'47" E 156.33 b'EET ALONG SAID SOUTHERLY RIGHT OF WAY LINE; THENCE S 02 DEGREES 03'24" E 49.96 FEET TO THE POINT OF BEGINNING. ALTA COMNIITNIENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. GW240673 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instruments) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. GW240673 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: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises 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 nnhlie nnrnrds. 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 Conunitment 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid luxes or assessments against said land. S. Liens for unpaid water and sewer charges, if any. DEED OF TRUST DATED DECEMBER 21, 2001 FROM URSULA COWGILL TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $100,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF', RECORDED JANUARY 07, 2002, IN BOOK 1318 AT PAGE 693. 10. THE EFIi'ECT 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. 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 UNTIED STATES PATENT RECORDED NOVEMBER 22, 1894, IN BOOK 12 AT PAGE 337 AND DECEMBER 30, 1893 IN BOOK 12 AT PAGE 264 12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1894, IN BOOK 12 AT PAGE 337 AND DECEMBER 30, 1893 13. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS SET FORTH ON MACKIE SUBDIVISION EXEMPTION PLAT, RECORDED MAY 13, 1986 AS RECEPTION NO. ALTA COMMITMENT Schedule B -2 (Exceptions) Our Order No. GW240673 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: 370998. 14. TERMS, CONDITIONS AND PROVISIONS OF WELL - SHARING AGREEMENT FOR THE MACKIE NO. 1 WELL RECORDED JUNE 21, 1994 IN BOOK 906 AT PAGE 548 MODIFICATION /ASSIGNMENT THEREOF OCTOBER 29, 1999 IN BOOK 1157 AT PAGE 781. 15. EASEMENTS AS SET FORTH IN DEED RECORDED JUNE 21, 1994 IN BOOK 906 AT PAGE 553. 16. UNDERGROUND UTILITY EASEMENT AS SET FORTH IN DEED RECORDED MAY 15, 1986 IN BOOK 688 AT PAGE 349. 17. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE_ L LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given than 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 rnay 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 dosed ". 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: 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 This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are bully satisfied. Foam DLStURE 09/01/02 .JOINT NOTICE OF PRIVACY POLICY OIa' LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party uiiess the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about out customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: 'F Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. 'x Non- financial companies such as envelope sniffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIIā™¦'ICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Form. PRIV. PQL. CRS.'