HomeMy WebLinkAboutEx 05 - Title CommitmentExhibit 5 I Title Commitment
Lake Springs Ranch
Filing 2 Final Plat Application
April 2018
IF"
Land Title
GUARANTEE COMPANY
—.,5[eca 1915,
PREVENT FRAUD - Please remember to call a member of our closing team
when initiating a wire transfer or providing wiring instructions.
Customer Distribution
Our Order Number: GW63009590-4
Date: 01-17-2018
Property Address: TBD, GLENWOOD SPRINGS, CO 81601
For Title Assistance
GLENWOOD SPRINGS "GW" UNIT
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
970-945-2610 (phone)
970-945-4784 (fax)
cblackard@ltgc.com
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
TG MALLOY CONSULTING
Attention: TIM MALLOY
402 PARK DRIVE
GLENWOOD SPRINGS, CO 81601
970-945-0832 (work)
tgmalloy@sopris.net
Delivered via: Electronic Mail
Land Title
GUA RANTES COMPANY
Seta 190
Land Title Guarantee Company
Estimate of Title Fees
Order Number: GW63009590-4 Date: 01-17-2018
Property Address: TBD, GLENWOOD SPRINGS, CO 81601
Buyer/Borrower: A BUYER TO BE DETERMINED
Seller: THE BERKELEY FAMILY LIMITED PARTNERSHIP AND A/K/A THE BERKELEY FAMILY LLLP
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
TBD Commitment
TBD - TBD Income GWS -4313
$199.00
-$199.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total
$0.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Property Address:
TBD, GLENWOOD SPRINGS, CO 81601
1. Effective Date:
12-19-2017 At 17:00:00
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
Order Number: GW63009590-4
Customer Ref -Loan No.:
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:
THE BERKELEY FAMILY LIMITED PARTNERSHIP AND A/K/A THE BERKELEY FAMILY LLLP
5. The Land referred to in this Commitment is described as follows:
PARCEL A:
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6, SECTION 32, LOTS 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 20, 21, 22, 23 AND THE NE1/4SE1/4 OF SECTION 33, SW1/4SW1/4 AND THE
NW1/4SW1/4 OF SECTION 34 ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL
MERIDIAN, AND ALSO LOTS 1, 2, 3 AND 9 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A 2-1/2" BRASS CAP L.S. NO.
5933 FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N. 89 DEGREES 40'02" W. ALONG THE
SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 2502.71 FEET TO THE SOUTHWEST
CORNER OF SAID GOV'T LOT 20, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE N.
01 DEGREES 58'08" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE
OF 2,064.02 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 17, A 3-1/4" ALUMINUM CAP L.S.
NO. 19598 FOUND IN PLACE; THENCE N. 87 DEGREES 10'45" W. ALONG THE SOUTHERLY BOUNDARY
OF SAID GOV'T LOT 9 AND 6 A DISTANCE OF 1382. 36 FEET TO THE SOUTHWEST CORNER OF SAID
GOV'T LOT 6; THENCE N. 01 DEGREES 43'36" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T
LOT 6 AND 5 A DISTANCE OF 1290.42 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 5
(WHENCE A WITNESS CORNER TO THE NORTHWEST CORNER OF SAID LOT 5 BEARS N. 01 DEGREES
43'36" E. A DISTANCE OF 29.83 FEET); THENCE S. 89 DEGREES 05'51" E. ALONG THE NORTHERLY
BOUNDARY OF SAID LOT 5, A DISTANCE OF 1166.84 FEET TO THE NORTHEAST CORNER OF SAID LOT
5, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE S. 89 DEGREES 12'41" E. ALONG
THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 8 AND 7 A DISTANCE OF 1529.49 TO THE
NORTHEAST CORNER OF SAID LOT 7, A 2-1/2" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND
IN PLACE; THENCE S. 01 DEGREES 58'10" W. ALONG THE EASTERLY BOUNDARY OF SAID LOT 7 A
DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, A 2-1/2" ALUMINUM CAP L.S.
NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE NORTHERLY BOUNDARY
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63009590-4
Customer Ref -Loan No.:
OF SAID GOV'T LOT 11 A DISTANCE OF 1113.33 FEET TO THE CENTER QUARTER CORNER OF SAID
SECTION 33, A 3-1/4" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S.
88 DEGREES 25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 12 A DISTANCE OF
1255.38 FEET TO THE CENTER -EAST SIXTEENTH CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM
CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE NORTHERLY
BOUNDARY OF THE NE1/4SE1/4 OF SAID SECTION 33 A DISTANCE OF 1255.38 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE;
THENCE N. 89 DEGREES 59'25" E. ALONG THE NORTHERLY BOUNDARY OF THE NW1/4SW1/4 OF SAID
SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S. 03
DEGREES 45'23" E. A DISTANCE OF 1233.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF
SAID NW1/4SW1/4; THENCE N. 89 DEGREES 02'47" E. ALONG SAID SOUTHERLY BOUNDARY A
DISTANCE OF 807.09 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY S. 02 DEGREES 50'09" E.
A DISTANCE OF 1220.54 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SW/14SW1/4 OF
SAID SECTION 34' THENCE S. 88 DEGREES 10'28" W. ALONG SAID SOUTHERLY BOUNDARY A
DISTANCE OF 984. 24 FEET TO THE SOUTHEAST CORNER OF SECTION 33, A 2" BUREAU OF LAND
MANGAGEMENTALUMINUM CAP FOUND IN PLACE;
THENCE S. 16 DEGREES 39'59" W. A DISTANCE OF 217.38 FEET; THENCE S. 27 DEGREES 00'32" W. A
DISTANCE OF 277.20 FEET; THENCE S. 48 DEGREES 11'02' W. A DISTANCE OF 452.97 FEET; THENCE N.
89 DEGREES 49'27" W. A DISTANCE OF 293.51 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND CENTRAL ANGLE OF 54 DEGREES 02'27", A
DISTANCE OF 188.64 FEET (CHORD BEARS N. 62 DEGREES 47'31" W. A DISTANCE OF 181.72 FEET);
THENCE N. 35 DEGREES 45'36" W. A DISTANCE OF 8.96 FEET; THENCE S. 57 DEGREES 47'34" W. A
DISTANCE OF 100.68 FEET TO A POINT IN AN EXISTING FENCE; THENCE S. 10 DEGREES 53'01" E.
ALONG SAID FENCE A DISTANCE OF 648.15 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE
CONTINUING ALONG SAID FENCE N. 89 DEGREES 15'38" W. A DISTANCE OF 1728.64 FEET TO A POINT
IN THE WESTERLY BOUNDARY OF THE SW1/4NE1/4 OF SAID SECTION 4; THENCE N. 00 DEGREES
13'22" W. ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 1342.18 FEET TO THE POINT OF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
AND INCLUDING
PARCEL B:
A PARCEL OF LAND SITUATED IN THE NW1/4SW1/4 SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 34, AN ALUMINUM CAP L.S. NO. 5993
FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N 89°51'50" E ALONG THE NORTHERLY LINE OF
THE NW1/4SW1/4 SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY LINE
S 03°53'31" E A DISTANCE OF 1233.02 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID
NW1/4SW1/4; THENCE ALONG SAID SOUTHERLY LINE S 89°13'59" W A DISTANCE OF 199.56 FEET, TO
S1/16 OF SECTION 34 AND 33, A 2-1/2" GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE;
THENCE N 03°59'40" W ALONG SAID WESTERLY LINE OF SAID SECTION 34 A DISTANCE OF 1235.37
FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63009590-4
Customer Ref -Loan No.:
PARCEL C:
A PARCEL OF LAND SITUATED IN THE NE1/4 CORNER OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE N1/4 CORNER OF SECTION 4; THENCE S 45°03'03"E A DISTANCE OF 1905.62
FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 4, ALSO BEING THE SOUTHEAST
CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 419600 IN THE GARFIELD COUNTY
CLERK AND RECORDER'S OFFICE, THE POINT OF BEGINNING; THENCE N00°18'44"W ALONG THE
WESTERLY LINE OF SAID RECEPTION NO. 419600 A DISTANCE OF 514.40 FEET TO THE NORTHWEST
CORNER; THENCE S89°46'50"E ALONG THE NORTHERLY LINE OF SAID RECEPTION NO. 419600 A
DISTANCE OF 285.66 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID NORTHERLY
LINE S10°53'01"E ALONG SAID EXISTING FENCE A DISTANCE OF 541.23; THENCE CONTINUING ALONG
SAID EXISTING FENCE N89°15'38"W A DISTANCE OF 1728.64 FEET TO A POINT ON THE NORTH -SOUTH
CENTERLINE OF SAID SECTION 4; THENCE LEAVING SAID EXISTING FENCE N00°13'22"W ALONG SAID
NORTH -SOUTH CENTERLINE A DISTANCE OF 1.04 FEET TO A POINT ON THE NORTHERLY LINE OF
THAT PROPERTY DESCRIBED IN RECEPTION NO. 280798 IN THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE S89°46'50"E ALONG SAID
NORTHERLY LINE A DISTANCE OF 1343.47 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL D:
A PARCEL OF LAND SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, A BLM ALUMINUM CAP IN PLACE,
THE POINT OF BEGINNING; THENCE S16°39'55"W 217.38 FEET THENCE S27°00'32"W 277.20 FEET;
THENCE S48°11'02"W 452.97 FEET; THENCE N89°49'27"W 293.53 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET ANDA CENTRAL ANGLE OF 54°02'08", A
DISTANCE OF 188.62 (CHORD BEARS N62°47'22"W 181.71 FEET); THENCE N35°45'36"W 8.96 FEET;
THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 330.00
FEET AND A CENTRAL ANGLE OF 17°32'59", A DISTANCE OF 101.08 FEET (CHORD BEARS S57°47'34"W
100.68 FEET); THENCE S10°53'01"E 106.92 FEET; THENCE N89°46'50"W 285.66 FEET TOA POINT ON THE
EASTERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 462134 OF THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE; THENCE N00°18'44"W ALONG SAID EASTERLY BOUNDARY
336.70 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N89°51'49"E 213.40 FEET;
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N00°16'49"W 489.84 FEET TOA POINT ON
THE NORTHERLY BOUNDARY OF SAID SECTION 4; THENCE ALONG SAID NORTHERLY BOUNDARY
S89°49'20"E 1127.68 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL TO BE MERGED WITH A
TRACT OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 515315, BOOK NO. 1047, PAGE NO. 914
IN THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY.
COUNTY OF GARFIELD
STATE OF COLORADO
AND EXCEPTING THEREFROM
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63009590-4
Customer Ref -Loan No.:
A PARCEL OF LAND SITUATED IN THE SW1/4SW1/4 SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34, A 2-1/2" GARFIELD COUNTY SURVEYOR
BRASS CAP FOUND IN PLACE; THENCE N 88°10'28" E ALONG THE SOUTHERLY LINE OF SAID SECTION
34 A DISTANCE OF 984.24 FEET, TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY
LINE N 02°50'09" W A DISTANCE OF 1220.49 FEET TO A POINT ON THE NORTHERLY LINE OF THE
SW1/4SW1/4 OF SAID SECTION 34; THENCE N 89°02'17" E ALONG SAID NORTHERLY LINE A DISTANCE
OF 358.19 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S 02°50'09"
E A DISTANCE OF 1215.09 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34 AND
SECTION 3, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE S
88°10'28" W ALONG THE SOUTHERLY LINE OF SAID SECTION 34 A DISTANCE OF 358.06 FEET, TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2018 American Land Title Association. All Rights Reserved
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.
AMERICAN
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B-1
(Requirements)
Order Number: GW63009590-4
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:
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.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-4
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency 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 PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED
AUGUST 6, 1895 IN BOOK 12 AT PAGE 378 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE
525.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE
376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 AT PAGE 378, AND RECORDED SEPTEMBER 23,
1912 IN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525 AND
RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
10. ALL COAL AND OTHER MINERALS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND
REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF
DECEMBER 29, 1916 (39 STAT. 862) AS RESERVED BY THE UNITED STATES OF AMERICA IN THE
PATEN RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239.
11. ROAD PETITION RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 11 AS RECEPTION NO. 104592.
12. ROAD VIEWING REPORT RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 86 AS RECEPTION NO.
104593.
13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 79-64 RECORDED JUNE 19, 1979 IN
BOOK 530 AT PAGE 93.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-4
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:
14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 IN
BOOK 803 AT PAGE 445.
15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992 IN
BOOK 841 AT PAGE 512.
16. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED MAY 07, 1997 IN BOOK 1017 AT
PAGE 945.
17. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED NOVEMBER 12, 1997
IN BOOK 1042 AT PAGE 134.
18. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED
NOVEMBER 12, 1997 IN BOOK 1042 AT PAGE 139.
19. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 2001 IN BOOK
1282 AT PAGE 8.
20. TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED JANUARY 22,
2002 IN BOOK 1322 AT PAGE 977 AND CORRECTION DEED RECORDED JUNE 5, 2002 UNDER
RECEPTION NO. 604779.
21. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT OF BOUNDARY LINE ADJUSTMENT
RECORDED JANUARY 22, 2002 AT RECEPTION NO. 596127.
22. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF CONTRACT RECORDED JUNE 13,
2002 UNDER RECEPTION NO. 605123, FIRST AMENDMENT RECORDED OCTOBER 18, 2006 UNDER
RECEPTION NO. ,SECOND AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO.
801363, THIRD AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO. 801364.
23. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02-109 RECORDED DECEMBER 23,
2002 IN BOOK 1419 AT PAGE 563.
24. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED JULY 23, 2001 AT
RECEPTION NO. 584839.
25. EASEMENT AGREEMENT RECORDED JANUARY 18, 2002 UNDER RECEPTION NO. 596026
26. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF CONTRACT RECORDED JANUARY
22, 2002 AT RECEPTION NO. 596128 AND CONTRACT RECORDED JUNE 12, 2002 UNDER
RECEPTION NO. 605080 AND AMENDMENT RECORDED AUGUST 28, 2006 UNDER RECEPTION NO.
705333, AND SECOND AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO. 801361,
AND THIRD AMENDMENT RECORDED APRIL 1,3 2011 UNDER RECEPTION NO. 801362.
27. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED JUNE 05, 2002 AT RECEPTION
NO. 604780.
28. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT-OF-WAY EASEMENT RECORDED
SEPTEMBER 15, 2004 AT RECEPTION NO. 659779.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-4
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:
29. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 2004-110 RECORDED NOVEMBER 19,
2004 AT RECEPTION NO. 663716.
30. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS IN INSTRUMENT RECORDED
DECEMBER 15, 2004 UNDER RECEPTION NO. 665111.
31. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED
DECEMBER 22, 2004 AT RECEPTION NO. 665794.
32. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED
OCTOBER 24, 2005 AT RECEPTION NO. 684872.
33. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT OF AMENDMENT OF CONTRACT
RECORDED AUGUST 28, 2006 AT RECEPTION NO. 705333.
34. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT OF MEMORANDUM OF CONTRACT
RECORDED OCTOBER 18, 2006 AT RECEPTION NO. 709117.
35. TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION AGREEMENT RECORDED NOVEMBER
02, 2006 AT RECEPTION NO. 710348.
36. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED
JULY 24, 2007 AT RECEPTION NO. 728890.
37. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMENT RECORDED
OCTOBER 03, 2008 AT RECEPTION NO. 746747.
38. TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION EASEMENT RECORDED AUGUST 26,
2009 AT RECEPTION NO. 774022.
39. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED MARCH 01, 2010
AT RECEPTION NO. 782646 AND CORRECTED DEED RECORDED NOVEMBER 29, 2010 UNDER
RECEPTION NO. 794921.
40. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2012-80 RECORDED SEPTEMBER 05,
2012 AT RECEPTION NO. 823748.
41. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER
19, 2012 AT RECEPTION NO. 828747.
42. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER
19, 2012 AT RECEPTION NO. 828750.
43. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-29 RECORDED MAY 07, 2013 AT
RECEPTION NO. 834952.
44. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-74 RECORDED OCTOBER 15,
2013 AT RECEPTION NO. 842009.
45. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-13 RECORDED MARCH 25, 2014
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: GW63009590-4
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:
AT RECEPTION NO. 847514.
46. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-35 RECORDED MAY 02, 2016 AT
RECEPTION NO. 876660.
47. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-36 RECORDED MAY 06, 2016 AT
RECEPTION NO. 876835.
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
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.
Land Titre
GUA RANTES COMPANY
Simee r.96,7—
LAND
y6j
LAND TITLE GUARANTEE COMPANY
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 will be obtained from the county treasurer of the county in which the real
property is located or that county treasurers authorized agent unless the proposed insured provides written instructions to the
contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property)
C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's
office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and
recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to
documents using forms on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 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-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 disclosing that a mineral estate has been severed from the surface estate, in Schedule
B-2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal
energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial
of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or
claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the Department of Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection
letter for the lender, purchaser, lessee or seller in connection with this transaction.
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 furnished, imposed by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be 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.
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-321-1880
y I -,-
John E. Freyer, Jr
President
Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey
President
Ramie Yeager
Secretary
AMERICAN
LAND TITLE
ASSOCIATION