HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfieid-county.com
RECEIVED
MAY 0 7 2008
GARFIELD COUNTY
BUILDING & PLANNING
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
D Street Address / General Location of Property: IRONBRIDGE P.U.D.
D 1099 River Bend Way & 1075 River Bend Way
D. Legal Description: LOT 77 & 78, ACCORDING TO THE FINAL PLAT OF
IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE II, FILINGS 1, 2 & 3
THEREOF RECORDED AS RECEPTION NO. 702420 COUNTY OF GARFIELD,
STATE OF COLORADO. Parcel Numbers 2395-01-429-077, 2395-01-429-078
D Subdivision Name: IRONBRIDGE P.U.D.
Description of Proposal:
AMEND BUILDING ENVELOPE SIZES FOR LOTS 77 & 78
D Name of Property Owner: LB ROSE RANCH, LLC
D Address: 430 IRONBRIDGE DRIVE Telephone: (970) 945-4300
D City: GLENWOOD SPRINGS State: CO Zip Code: 81601 FAX: (719) 540-6563
D Name of Owner's Representative, if any (Planner, Attorney, etc):
David Joseph
Address: 430 Ironbridge Drive Telephone: (719) 576-0029
D City:Glenwood Springs State: CO Zip Code: 81601 FAX: (970) 384-2500
STAFF USE ONLY
D Doc. No.: fICPEZOZ Date Submitted: TC Date:
D Planner: Hearing Date:
➢ Zone District:
Last Revised: 2/2006
1
I. PROCEDURAL REQUIREMENTS
A. One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
1. Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots or dwelling units, b) results in the major
relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. If approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
2. An application for an amendment to a plat of an existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to verify
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
A. The Board shall not approve an application for an amended plat as mentioned
above unless the applicant has satisfied the following criteria:
1) All Garfield County zoning requirements will be met;
2) All Tots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
3) Provision has been made for an adequate source of water in terms of both the
Legal and physical quality, quantity and dependability, and a suitable type of
sewage disposal to serve each proposed lot;
4) All applicable state and local environmental health and safety requirements
have been met or are in the process of being met;
5) Provision has been made for any required road or storm drainage
improvements;
6) Fire protection has been approved by the appropriate fire district;
7) Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obtained; and
8) School fees, taxes and special assessments have been paid.
B. The Board shall consider the amended plat request at a public hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
all notices and shall present proof of publication and mailing at or before the
meeting. If proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
2
(1) Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) Notice by mail, containing information as described in the paragraph above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') of the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3)
The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
3. A correction may be made to an approved plat, if the sole purpose is to correct technical
errors such as minor surveying errors and drafting errors, and the correction is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requirements shall apply:
A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. It will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
3
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review.
In addition, shall the request require a public hearing, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
3. The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
1I. APPLICATION SUBMITTAL REQUIREMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
0
B.
The following application submittal requirements shall only be applicable to Procedure 1
and 3 listed above in the "Procedural Requirements" section of this application. The
application for an amended plat or corrected plat shall be submitted with the following:
1. A narrative explanation of the reason for the application. ��, 4.C�a ev�yip
2. The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment.
4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee
of $100.Q0 with the application.
5. Provide 2 copy_of the Application. Staff will request additional copies once the
application has been deemed technically complete.
For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
1. Narrative explaining why the amended plat is being requested.
2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
transferred/relocated following the adjustment.
3. Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
4
4. Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
5. Evidence of the soil types and characteristics of each type.
6. Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8:42(D) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district.
7. If connection to a community or municipal water or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
8. The Applicant shall sign the "Agreement For Payment" form and provide the Base
Fee of $100.00 with the application.
9. Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above and have provided the required attached information which is
correct and accurate ta_the best of my knowledge.
(Signature of Property Owner)
5
i
Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and LB Rose Ranch, LLC
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for Amended Plat for Lots
77 & 78 Ironbridge PUD (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
Signature
Date: S/7/o8
Eric Forester, Operations Manager
Print Name
Mailing Address: 430 Ironbridge Drive
Glenwood Springs, CO 81601
10/2004
Page 4
Land Title
fj1IAR AN T fF COMPANY
Date: 06-10-2008
Property Address:
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Our Order Number: GW63002933
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Title Assistance:
Glenwood Springs "GW" Unit
1317 GRAND AVE #200
GLENWOOD SPRINGS, CO 81601
Phone: 970-945-2610
Fax: 970-945-4784
LB ROSE RANCH LLC
430 IRONBRIDGE DRIVE
GLENWOOD SPRINGS, CO 81601
Attn: DAVID JOSEPH
Copies: 1
EMail: djoseph@broadmoor.com
Linked Commitment Delivery
Ir"
Land Title
(il1AF AN T FF (.(7M PAN
Property Address:
Buyer/Borrower:
TBD
Land Title Guarantee Company
Date: 06-10-2008
Our Order Number: GW63002933
Seller/Owner:
LB ROSE RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
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.
ESTIMATE OF TITLE FEES
ALTA Owners Policy 06-17-06 TBD
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL $0.00
Form CONTACT 06/04
THANK YOU FOR YOUR ORDER!
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW63002933
Schedule A Cust. Ref.:
Property Address:
1. Effective Date: May 02, 2008 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
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:
LB ROSE RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT 77
IRONBRIDGE PI,ANNED UNIT DEVELOPMENT
PHASE II, FILINGS 1, 2 AND 3
ACCORDING TO THE PLAT RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Schedule B-1
(Requirements)
The following are the requirements to be complied with:
Our Order No. GW63002933
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:
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE
BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES
REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE
CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002933
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. 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 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.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said Land.
8. Liens for unpaid water and sewer charges, if any.
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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY
THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT
RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394, RECORDED FEBRUARY 17,
1896 IN BOOK 12 AT PAGE 408, RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE
411, RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460, AND RECORDED MAY 20,
1899 IN BOOK 12 AT PAGE 509.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 29,
1913, IN BOOK 92 AT PAGE 326.
11. RESERVATIONS AS CONTAINED IN PATENT RECORDED AND RECORDED JULY 01, 1969 IN
BOOK 402 AT PAGE 587.
12. MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 02, 1884 IN
BOOK 7 AT PAGE 115, AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200.
13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 11, 2008
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002933
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:
UNDER RECEPTION NO. 746337.
14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN
BOOK 521 AT PAGE 468.
15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER
09, 1998 IN BOOK 1087 AT PAGE 862.
16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN
BOOK 1102 AT PAGE 643, AND AGREEMENT RECORDED OCTOBER 17, 2002 IN BOOK
1396 AT PAGE 980.
17. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08,
1999 IN BOOK 1133 AT PAGE 911.
18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-068 RECORDED JUNE 08,
1999 IN BOOK 1133 AT PAGE 922.
19. TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY
15, 1964 IN BOOK 358 AT PAGE 63.
20. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED
SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 629 AND AS AMENDED IN INSTRUMENT
RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 637, AND AMENDED IN
INSTRUMENT RECORDED NOVEMBER 14, 2000 IN BOOK 1217 AT PAGE 266, AND
AMENDED IN INSTRUMENT RECORDED FEBRUARY 20, 2002 IN BOOK 1330 AT PAGE 418
AND AMENDED IN INSTRUMENT RECORDED MARCH 1, 2002 IN BOOK 1333 AT PAGE 855,
AND AMENDED IN INSTRUMENT RECORDED JUNE 16, 2004 IN BOOK 1596 AT PAGE 871.
21. TERMS, CONDITIONS AND PROVISIONS OF PRE -INCLUSION AGREEMENT RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640.
22. 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
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002933
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:
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 18, 2003 IN BOOK 1447 AT PAGE 884,
AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004 IN BOOK 1646 AT
PAGE 3, AND FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE
283, AND SECOND AMENDMENT RECORDED AUGUST 03, 2007, UNDER RECEPTION NO.
729973.
23. 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 JULY 19, 2006, IN BOOK 1822 AT PAGE
287.
24. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF FACILITIES RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 734.
25. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 748.
26. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780.
27. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF SUBDIVISION RIGHTS AND
APPROVALS RECORDED DECEMBER 12, 2000 IN BOOK 1221 AT PAGE 745.
28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED
FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, AND CORRECTION RESOLUTION NO.
2004-26 RECORDED MARCH 02, 2004 IN BOOK 1565 AT PAGE 600.
29. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS ESTABLISHING
COMMON AREA MAINTENANCE RECORDED FEBRUARY 28, 2005 IN BOOK 1665 AT PAGE
950.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002933
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:
30. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH
22, 2006 IN BOOK 1782 AT PAGE 269.
31. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH
22, 2006 IN BOOK 1782 AT PAGE 264.
32. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT
RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 250.
33. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF GOLF CLUB RESIDENT MEMBERSHIP
RECORDED AUGUST 03, 2007 AT RECEPTION NO. 729974.
34. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 AMENDED RECORDED
JUNE 16, 2004, UNDER RECEPTION NO. 654210.
35. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II RECORDED JULY
19, 2006, UNDER RECEPTION NO. 702420.
36. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT
OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID
DISCREPANCY.
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.
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.
Foran DISCLOSURE 09/01/02
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
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 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.ORT
Commitment to Insure
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 identity 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 instrument.
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 liability
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.org.
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 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 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 fumished, 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 affixed 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.
Authorized Signature
CC.ORT.06
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401•o�p�*ITL , ,
(612) 371-1111
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Land Title
GIIAF.ANT FF COMPANY
Date: 06-16-2008
Property Address:
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Our Order Number: GW63002934
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Title Assistance:
Glenwood Springs "GW" Unit
1317 GRAND AVE #200
GLENWOOD SPRINGS, CO 81601
Phone: 970-945-2610
Fax: 970-945-4784
LB ROSE RANCH LLC
430 IRONBRIDGE DRIVE
GLENWOOD SPRINGS, CO 81601
Attn: DAVID JOSEPH
Copies: 1
EMail: djoseph@broadmoor.com
Linked Commitment Delivery
PP"
Land Title
ti11Af.ANTF1 COMPANY
Property Address:
Buyer/Borrower:
TBD
Land Title Guarantee Company
Date: 06-16-2008
Our Order Number: GW63002934
Seller/Owner:
LB ROSE RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
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.
ESTIMATE OF TITLE FEES
ALTA Owners Policy 06-17-06 TBD
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL $0.00
Form CONTACT 06/04
THANK YOU FOR YOUR ORDER!
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW63002934
Schedule A Cust. Ref.:
Property Address:
1. Effective Date: May 09, 2008 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
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:
LB ROSE RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT 78
IRONBRIDGE PLANNED UNIT DEVELOPMENT
PHASE II, FILINGS 1, 2 AND 3
ACCORDING TO THE PLAT RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Schedule B-1
(Requirements)
The following are the requirements to be complied with:
Our Order No. GW63002934
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:
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE
BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES
REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE
CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002934
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. 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 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.
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.
Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
Any unpaid taxes or assessments against said Land.
Liens for unpaid water and sewer charges, if any.
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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY
THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT
RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394, RECORDED FEBRUARY 17,
1896 IN BOOK 12 AT PAGE 408, RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE
411, RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460, AND RECORDED MAY 20,
1899 IN BOOK 12 AT PAGE 509.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 29,
1913, IN BOOK 92 AT PAGE 326.
11. RESERVATIONS AS CONTAINED IN PATENT RECORDED AND RECORDED JULY 01, 1969 IN
BOOK 402 AT PAGE 587.
12. MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 02, 1884 IN
BOOK 7 AT PAGE 115, AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200.
13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 11, 2008
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002934
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:
UNDER RECEPTION NO. 746337.
14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN
BOOK 521 AT PAGE 468.
15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER
09, 1998 IN BOOK 1087 AT PAGE 862.
16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN
BOOK 1102 AT PAGE 643, AND AGREEMENT RECORDED OCTOBER 17, 2002 IN BOOK
1396 AT PAGE 980.
17. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08,
1999 IN BOOK 1133 AT PAGE 911.
18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO, 99-068 RECORDED JUNE 08,
1999 IN BOOK 1133 AT PAGE 922.
19. TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY
15, 1964 IN BOOK 358 AT PAGE 63.
20. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED
SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 629 AND AS AMENDED IN INSTRUMENT
RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 637, AND AMENDED IN
INSTRUMENT RECORDED NOVEMBER 14, 2000 IN BOOK 1217 AT PAGE 266, AND
AMENDED IN INSTRUMENT RECORDED FEBRUARY 20, 2002 IN BOOK 1330 AT PAGE 418
AND AMENDED IN INSTRUMENT RECORDED MARCH 1, 2002 IN BOOK 1333 AT PAGE 855,
AND AMENDED IN INSTRUMENT RECORDED JUNE 16, 2004 IN BOOK 1596 AT PAGE 871.
21. TERMS, CONDITIONS AND PROVISIONS OF PRE -INCLUSION AGREEMENT RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640.
22. 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
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002934
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:
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 18, 2003 IN BOOK 1447 AT PAGE 884,
AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004 IN BOOK 1646 AT
PAGE 3, AND FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE
283, AND SECOND AMENDMENT RECORDED AUGUST 03, 2007, UNDER RECEPTION NO.
729973.
23. 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 JULY 19, 2006, IN BOOK 1822 AT PAGE
287.
24. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF FACILITIES RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 734.
25. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 748.
26. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED
SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780.
27. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF SUBDIVISION RIGHTS AND
APPROVALS RECORDED DECEMBER 12, 2000 IN BOOK 1221 AT PAGE 745.
28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED
FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, AND CORRECTION RESOLUTION NO.
2004-26 RECORDED MARCH 02, 2004 IN BOOK 1565 AT PAGE 600.
29. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS ESTABLISHING
COMMON AREA MAINTENANCE RECORDED FEBRUARY 28, 2005 IN BOOK 1665 AT PAGE
950.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63002934
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:
30. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH
22, 2006 IN BOOK 1782 AT PAGE 269.
31. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH
22, 2006 IN BOOK 1782 AT PAGE 264.
32. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT
RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 250.
33. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF GOLF CLUB RESIDENT MEMBERSHIP
RECORDED AUGUST 03, 2007 AT RECEPTION NO. 729974.
34. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 AMENDED RECORDED
JUNE 16, 2004, UNDER RECEPTION NO. 654210.
35. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II RECORDED JULY
19, 2006, UNDER RECEPTION NO. 702420.
36. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT
OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID
DISCREPANCY.
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.
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.
Form DISCLOSURE 09/01/02
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
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 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.ORT