HomeMy WebLinkAbout6 Title CommitmentCommonwealth Title Company
of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone: 970-625-3300
Fax: 970-625-3305
Date: June 5, 2014
TO:
Atlantic Tele -Network Inc.
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone: 970-945-4444
Fax: 970-945-4449
1562 N. Park Street, Unit A
Castle Rock, CO 80109
Nancy L. Calderon
RE: Title commitment and tax certificate/1405076
$565.00
DATE
DESCRIPTION
AMOUNT
06/5/14
1405076
565.00
TOTAL
$565.00
Thank you for your business!
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-33001 Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: June 5, 2014
File No. 1405076
Property Address. 10901 County Road 117, Glenwood Springs
Atlantic Tele -Network Inc.
1562 N. Park Street, Unit A
CASTLE ROCK, CO 80109
Attn: Nancy L. Calderon
Email: ncalderon@attni_com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1405076
1. Effective Date: May 23, 2014 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06)
Proposed Insured:
60.00
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Ski Sunlight, Incorporated
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Only Commitment
Tax Certificate
COUNTERSIGNED: Patrickg3urwe O
American Land Tide Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
$550.00
15.00
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1405076
EXHIBIT "A"
SW'/+SW%4; SE'/+NW'/,; N%SW'/4; and the SW'/+NW'/a all in Section 33, Township 7 South, Range 89 West of the
6th P.M.
EXCEPT the W%W', SW'/NW'/4 of said Section 33.
ALSO EXCEPT that parcel conveyed to the Board of County Commissioners in Quit Claim Deed recorded
Novetnber 30, 1921 in Book 124 at Page 582.
ALSO EXCEPT those parcels conveyed to Brettleberg Development, Inc. in Quit Claim Deed recorded March 21,
1968 in Book 393 at Page 73 and those parcels conveyed to the First National Bank of Glenwood Springs in Quit
Claim Deed recorded July 30, 1973 in Book 448 at Page 1.
ALSO EXCEPT that parcel conveyed to Williams Peak Land Co. in Warranty Deed recorded October 3, 1972 in
Book 436 at Page 215.
File No. 1405076
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Cleric and Recorder of the County in which said property is located.
This conunihnent is for informational purposes only and no policy will be issued.
NM 6
American land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 3-5-1, Article 7, Paragraph G requires that "Every title insurance company shall be
responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective
date of the title insurance commitment, for ail matters which appear of record prior to the time of recording whenever the title
insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy
of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed."
Provided Commonwealth Title Insurance Company of Garfield County, Inc. 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: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder
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 Iabor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in
Schedule A of this Commitment within the past 6 months,
C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens.
D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may
deem necessary; or, at its option, the Company may refuse to delete the exception.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay.
Pursuant to C.R.S. §10-I 1-122, 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.
D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a
Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or
until the Proposed Insured has notified or instructed the company in writing to the contrary.
C.R.S. §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.
Pursuant to C.R.S. § 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 parry holds some or ail 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.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of
right.
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in
the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein ummless the above
conditions are fully satisfied.
File No. 1405076
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
1. 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 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. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in the United States Patent recorded November 28, 1910, in Book 71 at Page 445. (Affects
W1/2SW1/4 and SW1/4NW1/4 of Section 33)
10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November
24, 1944, in Book 213 at Page 257. (Affects E1/2NW114 and NEl/4SW l/4 of Section 33)
(view)
11. All coal under the lands so granted as reserved by the United States and to it or persons authorized by it the right to prospect for, mine and
remove coal from the same upon compliance with the conditions of and subject to the limitations of the Act of June 22, 1910 (36 Stat. 583)
in United States Patent recorded November 24, 1944, in Book 213 at Page 257. (Affects EI/2NW1/4 and NE1/4SWI14 of Section 33)
(view)
12, Conveyance of an undivided one-third interest in and to all the oil, gas and other minerals to Wm. Atha Mason and Nate]. Mason together
with a right of ingress and egress in Mineral Deed recorded March 10, 1960 in Book 324 at Page 387, and any and all interests therein or
assignments thereof.
(view).
13. Exception of an undivided one-third interest m any and all oil, gas and other minerals together with the right to prospect for, mine and
remove the same by Carl D. Tucker and Kathryn M. Tucker in instrument recorded April 28, 1965 in Book 365 at Page 395, and any and
all interests therein or assignments thereof.
(view)
14. Reservation of an undivided one-third interest in any and all oil, gas and other minerals together with the right to prospect for, mine and
remove the same by Carl D. Tucker and Kathryn M. Tucker in instrument recorded May 26, 1965 in Book 366 at Page 233, and any and all
interests therein or assignments thereof.
(view)
15. Reservation of all oil, gas and other minerals John Higgs in Warranty Deed recorded August 4, 1965, in Book 368 at Page 349, and any
and all interests therein or assignments thereof.
(view)
16. Exception of all grazing rights and water rights, easements and rights of way for ingress and egress as described in Warranty Deed recorded
August 4, 1965, in Book 368 at Page 349
{view),
17. Easement and right of way granted to Holy Cross Electric Association, Inc. as described in instrument recorded November 19, 1981 in
Book 586 at Page 354.
(view)
18. Easement and right of way granted to Holy Cross Electric Association, Inc. as described in instrument recorded June 25, 1982 in Book 602
at Page 104.
(view)
(Continued)
File No. 1405076
SCHEDULE B - SECTION 2
(Continued)
19. Terms, conditions, obligations, easements, rights of way and all matters set forth and described in Sewage Service Agreement recorded
October 24, 1983 in Book 637 at Page 828.
(view)
20. Easement and right of way granted to Holy Cross Electric Association, inc. as described in instrument recorded May 20, 1988 in Book 734
at Page 707.
(view)
21. Easement and right of way granted to Holy Cross Electric Association, Inc. as described in instrument recorded April 2, 1990 in Book 775
at Page 820.
(view)
22. Terms, conditions and all matters set forth and described in Agreement recorded November 10, 1992 in Book 846 at Page 964.
(view)
23, Easement granted to Brettleberg Condominium Association as described in Grant of Easement recorded July 18, 2000 in Book 1197 at
Page 967.
fvj ')
24. Terms, conditions, restrictions and obligations, and all matters set forth and described in Agreement to Exchange Real Property recorded
September 10, 1998 in Book 1088 at Page 43.
(view)
25. Easement granted to Sunlight Inn and Realty as described in Deed of Easement recorded December 17, 2001 in Book 1312 at Page 381.
(view)
26. Terms, conditions, restrictions and obligations, easements and rights of way and all matters set forth and described in Agreement for the
Joint Use of Ski Sunlight Wastewater Treatment Facility evidenced by Ratification and Addendum recorded December 23, 2002 in Book
1419 at Page 486 and all terms, conditions and matters set forth in said Ratification and Addendum.
(view)
27. Easement and right of way granted to Holy Cross Electric Association, Inc. as described in instrument recorded January 7, 2003 in Book
1424 at Page 623.
(view)
28. Deed of Trust from Sunlight, Inc. to the Garfield County Public Trustee for the benefit of Mesa National Bank in the amount of
$250,000.00 dated July 2, 2003 and recorded August 22, 2003 in Book 1509 at Page 384.
29. Deed of Trust from Sunlight, inc. to the Garfield County Public Trustee for the benefit of American National Bank in the amount of
$150,000.00 dated June 9, 2005 and recorded June 14, 2005 in Book 1697 at Page 205.
30. Terms, conditions, restrictions and obligations, and all matters set forth and described in Garfield County Resolution No, 2012-41 recorded
June 5, 2012 at Reception No. 819604.
(view)
31. Teens, conditions, restrictions and obligations, and all matters set forth and described in Land Use Change Permit recorded May 6, 2014 at
Reception No. 848909.
(vi )
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE 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, 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.
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 of 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 infonnation 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 responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
Account Plumber R080500
Parcel 239533300051
Assessed To
SKI SUNLIGHT, INC
10901 COUNTY ROAD 117
GLENWOOD SPRINGS, CO 81601-4541
Certificate Number 2014-00898
Acres 183.17
Order Number
Vendor ID 2
Commonwealth Title
127E 5th Street
Rifle, CO 81650
Levi Description
Scnios: 33 Township: 7 Range: 149 EU2S WN W, E1f2 W I /2SW N W, SEN W. NI f2SW, S W S W, EXCEPT TR IN THE SWNW & NWSE CONT. 5.2IIAC.
LYING SLY OF THE SLY ROW LME OF CORD. ALSO CXCEPr A TR 1N TFIE NI/2SIV CONT I.55AC
Situs Address
010901 117 COUNTY RD,010901 FOUR MILE RD
Year
Tai. Iateeeat
Fees
Payments
Tax Charge
2013
Total Tax Charge
563,245.32 50.00 50.00 ($63,245.32)
50.00
50.00
Grand Tall Due as of 06//05/2014
$0.00
Tax Billed al 2013 Rates for Tax Area 008 - 1G DF 008
Amity
GARFIELD COUNTY
GARFIELD COUNTY - ROAD & B
GARFIELD COUNTY - SOCIAL SE
GLENWOOD & RURAL FIRE
COLO RIVER WATER CONS
WEST DIVIDE WATER CON
SCHOOL DISTRICT RE -1
COLORADO MTN COLLEGE
GARFIELD COUNTY PUBLIC LIBR
Mill LollY
9.4050000
3.0000000
1.2500000
10.7030000*
0.2540000
0.0410000
42.4450000
3.9970000
1.0000000
Amount Yalueet Actual Mimed
58,250.53 RECREATION -LAND 52,029,830 5588,650
52,631.75 RECREATION- 5995,160 5288,600
51,096.56 IMPROVEMENTS
59,389.20 Total 53,024,990 5877,250
$222.82
535.97
537,234.87
53,506.37
5877.25
Taxes Billed 2013 72.0950000 563,245.32
* Credit Levy
All Tax Lien Sale amounts are subject to change due to endorsement of current faxes by the lienholder or to advertising and distraint warrant fees. Changes
may occur and the Treasurer's Office will need to be contacted prior to remittance after the following dates: Personal Property and Mobile Homes -
September 1, 2014, Real Property - September 1, 2014. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County
Assessor.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax
collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for
unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein.
In witness whereof, I have hereunto set my hand and seal.
TREASURER, GARFIELD COUNTY
GEORGIA CHAMBERLAIN
100 8th Street, Suite 204
Glenwood Springs CO. 81601
Jun 5, 2014 2:02:56 PM Page 1 of 1
J
•
i `t. I d E-7-'E-4-1-7.-1—lit—i---)----IU:"------
Reeerdedatati.0_.e4Teck_..lest...-.AuEu.9I. x..1965 __ Book 368
ae<f6!!on Rv 231061 Chas. S. Keegan, 3age.�49
._Reeonkin
THIS DEEQ, Made this let day of June is the year of
ant Lod. ono thousand nime hundred mud sixty—five between
'JOHN HIGGS
of i!eCannty e! COOK Illinois
. and State of t3Atdeam4 of ta. first pati. and
--SUNLIGUT RANCH CO.
•
■ eorpasation eats ergtnired and exigent andel and by wince of the laws of the Stale a! Colorado
of the snood pan; .
WITNESSETU. That the mid Carty of the first part, for and intoralderattan of the anal of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
UP the lard rata y of Iha fine part to lard paid by t!e mid party of the second part, the ratipt whereat is
hereby confessed and acknowledged, 3s6 rrante4 bagainid. Bald and cense - 44nd by these preatata does
aaant. bargam. acll, runny aad eonftrm, ante the mid party et the ittead part. i4 aeccessore sod *Went iorerrr.
elf tbe following described lots or parcel S .. et land, 'Smote, lying and being is the
Canty of Garfield , end State of Calarafo; to wit;
SW 1/4 SW 1/4;
SE 1/4 NW 1/4; N 1/2 SW 1/4; SW 1/4 NW 1/4; and the SW 1/4 NW 1/4
(excepting the W 1/2 W 1/2 SW 1/4 NW 1/4), Section 33, Township 7
South, Range 89 West of the 6th P. H.
Excepting all oil, gas and other minerals lying in, on or under
the above described property.
Also exceRting all grazing rights, and. water rights connected
with the above described property.
Also excepting easements or rights—of—way over and across the
t above described property, together with additional easements or
rights—of—way as nay be necessary over and across said property
for pinnas of ingressand egress in connection with adjoining
property now owned by the party of the first part.
Na 115. r.,. 44—want.atrrr Deco—L.: Tina invela.t to Woman. •
brad e4-Robt em Ysr. ra Mho 5,51..,. • t.srl !'.e1, ut,aaent$t. Dnwr. Cda+:w
•
• Book 369 Page 350
TOGEI1IER with ell sed singular the hered)taeants and epportenamee dementia, baleeging. cr la aalwtse
appertaining, and the reemien and reversions, remainder and remainders, rola. Issues and profits thereof; and ail
the estate. right, tltte,•laterc't, claim acd demand whatsoever of thet said part y of the first part, either le
law or equity, of, in and to the above targeired premises, with the hereditaatste acd appurtenants.
TO IJAYR AND TO IIOLD Mt mid premises abets targaterd end described, with the appurtenances unto the
said party of the mond Fat's, (La succesaera and assigns forever. And the mid
wart of the first wart. for ed
heirs, etetntore acd adcIsirlrators, do covenant, gnat, bargain and agree to end with the acid party of the
second part, Its successor. and assigns, t)at, at the time of the enanatleg and defrery of these presents
well seised of the premises abeam cotnered.sa of good use. perfect. absolute and indefeasible estate
of inhcritanee.io law, in tee simple, end ha good right, fell poser sed lawful authority to grant, bargain, le11
and crerey the same 10 raster and form aforesaid, gad that the sane are free and clear from all former and
other grants, bargains, sales, Hera, tuts, =entrants and Mennonites of whatever tirot or nature toner.
and the tabors bargatnsd premise' is the quiet and peaceable pessemico of the uld party of the mond part. Its
tremens and assigns, against .11 and every pens or persons lawfully etalming or to el/112the whsle or any Fitt
thereof, the acid party of the first tut a a and will WARRANT ANA FOREVER DEFEND.
t N. VftTNEismitepernF The raid party of the first watt he s hereunto set his
}and and seal the day and year first above written.
' ___1)rr ��
Signed, gelled and Delivered io Presence s fir of (SEAL)
JOHN HIGGS ,
_ ... (BEAL)
(SEAL)
,(SEAL)
tSEAL)
-- STATE-OECOLGRADO
• Coasty of -GARFIELD
.The foregoing lnatrraeut was seieewttdged before me this
K A.R.Jt46�d+�
wad,—
±.
...Ifyvetutmlasiaaexpires March 22 ,--.13 69.
JOHN HIGGS.
oi�..ca�`�;
.Yi
dor of \'