HomeMy WebLinkAbout0.8.08 Ownership Statement, Title Policy & Title Commitment4.08.05 (1) Statement of Ownership
[ 1 ) A statement of the ownership interest in the property to be included in the PUD and the written consent of all
nl'i1]r owners;
TITLE POLICY — Martino Ranch
Paragraph 4, Schedule A of the title Policy demonstrates that the Martino Ranch is
owned by the Applicant.
TITLE COMMITMENT — Bershenyi Ranch
Paragraph 4, Schedule A of the title Policy demonstrates that the Bershenyi Ranch is
owned by Bershenyi Land & Cattle LLLP, Carol A. Bershenyi and John Wilson
Bershenyi and Alice P. Bershenyi. A letter from these owners giving the Reserve at Elk
Meadows LLC permission to submit this PUD Application is included with the Zone
District/Comprehensive Plan Map Amendment Application Form found at the front of
this application package.
40
Land Title Guarantee Company
Date: May 23, 2006
RESERVE AT ELK MEADOWS LLC
920 SOUTH WAUKEGAN ROAD
LAKE FOREST, IL 60045
Enclosed please find the title insurance policy for your property
located at 2711 COUNTY ROAD 117 GLENWOOD SPRINGSCO 81601
The following endorsements are included in this policy:
Deletion of Standard Exception(s)
Endorsement 116.1
Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions
regarding your final title policy, you may contact Title Department
Phone: 970-945-2610 Fax:970-945-4784
Please refer to our Order No. GW245676
Should you decide to sell the property described in this policy, or if you are required to purchase a new title
commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.
Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products
and services to you quickly and efficiently.
Thank you for giving us the opportunity to serve you.
Sincerely,
Land Title Guarantee Company
Form AO/ORT
Our Order No. GW245676
LTG Policy No. LTHI245676
Schedule A Amount $2,400,000.00
Property Address: 2711 COUNTY ROAD 117 GLENWOOD SPRINGS CO 81601
1. Policy Date: December 20, 2005 at 5:00 P.M.
2. Name of Insured:
RESERVE AT ELK MEADOWS, LLC
3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
RESERVE AT ELK MEADOWS, LLC
5. The land referred to in this policy is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LEGAL DESCRIPTION
LTG Policy No. LTHI245676
Our Order No. GW245676
BEGINNING AT A POINT 480 FEET N 7 DEGREES 44' E OF THE SOUTHWEST CORNER OF THE
NE1/4SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH
PRINCIPAL MERIDIAN; THENCE N 7 DEGREES 44' E (VAR. 14 DEGREES 10' EAST) 1752
FEET TO STAKE AND STONE; THENCE N 88 DEGREES 30' E ALONG FENCE 265 FEET TO
STAKE AND STONE; THENCE SOUTH 381 FEET TO OLD QUARTER CORNER SOUTH OF DEARING
FARM; THENCE S 7 DEGREES 45' E 364 FEET TO STAKE AND STONE ON EDGE OF BLUFF;
THENCE S 31 DEGREES W 300 FEET TO STAKE AND STONE ON EDGE OF BLUFF; THENCE S 6
DEGREES 30' W 411 FEET TO STAKE AND STONE ON WEST BANK OF FOUR MILE CREEK;
THENCE S 15 DEGREES W 360 FEET TO STAKE AND STONE ON WEST SIDE OF FOUR MILE
CREEK AND IN LINE OF FENCE; THENCE N 87 DEGREES 30' W 254 FEET ALONG SAID
FENCE TO STAKE AND STONE AT POINT OF BEGINNING.
ALSO THE NW1/4SW1/4 AND SWI/4NW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89
WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF GARFIELD
STATE OF COLORADO
Form AO/ORT
Our Order No. GW245676
Schedule B
LTG Policy No. LTHI245676
This policy does not insure against loss or damage by reason of 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 and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and.
not shown by the public records.
5. TAXES FOR 2005 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE.
6. DEED OF TRUST DATED DECEMBER 15, 2005 FROM RESERVE AT ELK MEADOWS, LLC TO
THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF HURON INVESTORS
LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP TO SECURE THE SUM OF
$2,200,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF,
RECORDED DECEMBER 20, 2005, IN BOOK 1756 AT PAGE 950.
7. RESERVATION OF A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT
RECORDED JUNE 20, 1893, IN BOOK 12 AT PAGE 233, AND RECORDED AUGUST 17,
1895 IN BOOK 12 AT PAGE 379
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 JUNE 20, 1893, IN BOOK 12 AT
PAGE 233, AND RECORDED AUGUST 17, 1895 IN BOOK 12 AT PAGE 379.
9. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 22,
2003 IN BOOK 1531 AT PAGE 308.
10. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES OF
AMERICA, THE STATE OF COLORADO, OR THE PUBLIC, WHICH EXIST OR ARE CLAIMED
TO EXIST IN AND OVER THE PAST AND PRESENT BED, BANKS OR WATERS OF FOUR
MILE CREEK.
11. 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 AS SHOWN ON IMPROVEMENT SURVEY DATED JUNE 30, 2003 PREPARED
Form AO/ORT
Our Order No. GW245676
LTG Policy No. LTHI245676
Schedule B
BY HIGH COUNTRY ENGINEERING AS JOB NO. 2031648
12. EASEMENTS FOR DITCHES AS SHOWN ON IMPROVEMENT SURVEY DATED JUNE 30, 2003
PREPARED BY HIGH COUNTRY ENGINEERING AS JOB NO. 2031648
ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF PRIMO
MARTINO FAMILY, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF
RESERVE AT ELK MEADOWS, LLC.
LAND TITLE GUARANTEE COMPANY
ENDORSEMENT 116.1
Case GW245676
Policy LTHI245676
Loan #
The Company hereby insures that said land is the same as that delineated on the
plat of a survey made by HIGH COUNTRY ENGINEERING, INC.
on JUNE 30, 2003
designated Job No. 2031648
The Company hereby insures against loss or damage which said Assured shall
sustain in the event that the assurance herein shall prove to be incorrect.
The total liability of the Company under said policy and any endorsements
therein shall not exceed, in the aggregate, the face amount of said policy
and costs which the Company is obligated under the conditions and stipulations
thereof to pay.
This endorsement is made a part of said policy and is subject to the
schedules, conditions, and stipulations therein, except as modified by the
provisions hereof.
Representing Old Republic National Title Insurance Company
rrom Manu iitie jvits4)
vvea may 1u UtS: Sy: 57 Luub
rage L or 14
rig
.1and Title
N I i[ L CIAWAIV I'
Property Address:
Buyer/Borrower:
TBI)
Land Title Guarantee Company
Dale: 05-10-2006
Our Order Number: GW248995
Seller/Owner:
BERSHENYI LAND & CATTLE LLLP AS TO PARCELS A,D AND E AND CAROL A. BERSHENYI AS
TO AN UNDIVIDED ONE HALF INTEREST AND JOHN WILSON BERSHENYI AND ALICE P.
BERSHENYI AS TO AN UNDIVIDED ONE HALF INTEREST AS TO PARCELS B ANI) C ANI) JOHN
WILSON BERSHENYI AND ALICE P. BERSHENYI AS TO PARCEL F
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
TBD Commitment $189.00
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL $189.00
F.r:ii .NTAC,,, r(/r.q
THANK YOU FOR YOUR ORDER!
rrom Lanu 111_1e LwI1S4)
vveu may 1V vo:3:/:37 4UUD raye 3 0l 14
Property Address:
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW248995
Schedule A Cust. Ref.:
1. Effective Date: April 14, 2006 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
'TBI)" Commitment
Proposed Insured:
TBI)
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:
BERSHENYI LAND & CATTLE LLLP AS TO PARCELS A,D AND E AND CAROL A. BERSHENYI AS
TO AN UNDIVIDED ONE HALF INTEREST AND JOHN WILSON BERSHENYI AND ALICE P.
BERSHENYI AS TO AN UNDIVIDED ONE HALF INTEREST AS TO PARCELS B ANI) C ANI) JOHN
WILSON BERSHENYI AND ALICE P. BERSHENYI AS TO PARCEL F
5. The land referred to in this Commitment is described as follows:
SEI ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
rrom Lana iitie (Mts4)
wea may Iv uo:sJ:sy Lout;
rage 4 01 14
LEGAL mai FM CN
PARCEL A:
Our Order No: GW248995
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE1/4SW1/4); THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARI'ER (SE1/4NW1/4) AND THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER (SW1/4NE1/4), SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF
THE SLYTH PRINCIPAL MERIDIAN, AND SO MUCH OF THE NORTHEAST QUARTER OF THE
NORFHWFST QUARTER (NE1/4NW1/4), SECTION 34 AS LIES SOUTH OF A LINE DESCRIBED AS
BEGINNING AT A POINT 562 FEET SOUTH 7 DEGREES 41' WEST OF QUARTER CORNER
BETWEEN SECTIONS 27 ANI) 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH
PRINCIPAL MERIDIAN;
THENCE NORTH 82 DEGREES 49' WEST 1315 FEET TO STONE MARKED D.L. SITUATE NEAR
CREST OF RIDGE, VAR 14 DEGREES 10' EAST, AND SO MUCH OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER (NW1/4NE1/4), SECTION 34, AS LIES SOUTH OF A LINE
DESCRIBED AND ESTABLISHED AS BEGINNING AT A POINT 562 FEET SOUTH 7 DEGREES 41'
WEST OF THE QUARTER CORNER BETWEEN SECTIONS 27 AND 34;
THENCE SOUTH 82 DEGREES 49' EAST 1315 FEET TO A STAKE AND STONE, CONTAINING 187
ACRES. ALSO THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
(SE1/4NE1/4) AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4SE1/4) OF
SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST, LYING WEST OF THE WEST LINE OF THE
RIGHT OF WAY OF THE FORMER COLORADO MIDLAND RAILROAD CO., AND NORTH OF THE
IRRIGATING DITCH FORMERLY OWNED BY D.S. SMART AND TAKEN FROM FOUR MILE CREEK
AS THE SAME NOW EXISTS UPON THE GROUND.
ALSO THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4)
OF SECTION 34, TOWNSHLP 6 SOUTH, RANGE 89 WEST LYING NORTH OF THE CENTER OF
FOUR MILE CREEK.
ALSO THAT CERTAIN TRACT OF PROPERTY PARTICULARLY DESCRIBED IN A DEED DATED
DECEMBER 31, 1969 FROM CHESTER D. AXTIIELM AND EVELYN R. AXTHELM TO JOHN P.
BERSHENYI ANI) CAROL BERSHENYI, RECORDED IN BOOK 406 AT PAGE 575, REFERENCE TO
WHICH DEED IS MADE FOR FURTHER PARTICULARS.
EXCEPTING AND RESERVING FROM THE LAND HEREBY CONVEYED 12 ACRES OF LAND SITUATE
IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE1/4NW1/4) AND THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE1/4SW1/4), DESCRIBED IN BOOK 19
AT PAGE 534 OF THE GARFIELD COUNTY, COLORADO RECORDS.
ALSO EXCEPTING AND RESERVING FROM THIS CONVEYANCE THE LANDS DESCRIBED IN A
WARRANTY DEED DATED DECEMBER 31, 1969 FROM JOHN P. BERSHENYI AND CAROL A.
BERSHENYI AS GRANTORS TO CHES 1'ER E. AXTHELM AND EVELYN R AXTHELM, RECORI)EI) IN
BOOK 406 AT PAGE 576 OF THE RECORDS OF GARFIELD COUNTY, COLORADO.
EXCEPTING FROM THE PROPERTY THE SE1/4NW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH,
RANGE 89 WEST OF THE 6TH P.M.
LESS AND EXCEPT THOSE PARCELS OF LAND DESCRIBED IN DEEDS RECORDED APRIL 26, 1995
IN BOOK 938 AT PAGE 452, RECORDED MAY 1, 1997 IN BOOK 1017 AT PAGE 379 AND
RECORDED MARCH 26, 2003 IN BOOK 1450 AT PAGE 792.
ALSO EXCEPTING THOSE PORTIONS CONVEYED TO GARFIELD COUNTY BY INSTRUMENT
RECORDED NOVEMBER 29, 1902 IN BOOK 45 AT PAGE 304, AT PAGE 305 AND RECORDED
From Lanil Iltle (MK4)
Weil May 1U Ub:S9:i 9 LUUb Nage S of 14
Our Order No: GW248995
LEGAL DcP11CN
JUNE 17, 1915 IN BOOK 100 AT PAGE 37
ALSO EXCEPTING THOSE PORTIONS CONVEYED IN DEEDS RECORDED NOVEMBER 17, 1976 IN
BOOK 519 AT PAGE 70 AND AT PAGE 72
TOGETHER WITH THOSE PORTIONS DESCRIBED IN DEEDS RECORDED NOVEMBER 17, 1978 IN
BOOK 519 AT PAGE 74, AT PAGE 76, AT PAGE 78 AND AT PAGE 80.
ALSO EXCEPTING THOSE PARCELS DESCRIBED IN DEEDS RECORI)EI) FEBRUARY 18, 1997 IN
BOOK 1009 AT PAGE 404, RECORDED MARCH 29, 1999 IN BOOK 1121 AT PAGE 658 ANI)
RECORDED MARCH 31, 1997 IN BOOK 1013 AT PAGE 885.
PARCEL B:
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW1/4SW1/4) OF SECTION 29; THE
EAST HALF OF THE SOUTHEAST QUARTER (EH1/4SE1/4) OF SECTION 30; THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER (NW1/4NW1/4), THE SOUTH HALF OF THE NORTHWEST
(S1/2NW1/4), THE NORTH HALF OF THE SOUTHWEST QUARTER (N1/2SW1/4), THE NORTH
HALF OF THE SOUTHEAST QUARTER (N1/2SE1/4); THE SOUTHWEST QUARIER OF THE
SOUTHEAST QUARTER (SW1/4SE1/4); THE SOUTH 135 FEET OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER (NW1/4NE1/4);THE EAST HALF OF THE NORTHEAST QUARTER
(E1/2NE1/4); THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW1/4NE1/4) IN
SF,CTION 32. THE WEST HALF (W112) OF SECTION 33, ALL IN THE TOWNSHIP 6 SOUTH,
RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN.
LESS THAT PARCEL I)ESCRIBEI) IN DEED RECORDED AUGUST 19, 2003 IN BOOK 1508 AT PAGE
158
TOGETHER WITH THAT PARCEL DESCRIBED IN DEED RECORDED AUGUST 19, 2003 IN BOOK
1508 AT PAGE 159.
PARCEL C:
THE SOUTH HALF OF THE SOUTHWEST QUARTER (S1/2SW1/4) IN SECTION 28, ALL IN
TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN.
THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER (SE1/4SE1/4) IN SECTION 29 IN
TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN.
PARCEL I):
THE WEST HALF OF THE SOUTHWEST QUARTER (W1/2SW1/4) IN SECTION 27; THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER (SE1/4SE1/4) IN SECTION 28,
PARCEL E:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE1/4NE1/4) OF SECTION 33; THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW1/4NW1/4) OF SECTION 34; ALL IN
TOWNSHIP 6 SOTJTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERII)IAN.
COUNTY OF GARFIELI)
STATE OF COLORADO
r rom Lana lir le Lmt .t)
rvea may iu uo:su:su two
rage U UI 19
LEGAL DESCHP11CN
PARCEL F:
Our Order No: GW248995
SEI/4NW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH
P.M.
EXCEPTING THEREFROM THE PROPERTY DESCRIBED IN INSTRUMENT RECORI)EI) IN BOOK 19 AT
PAGE 534
COUNTY OF GARFIEL I)
STATE OF COLORADO
rrom Lanu I I L l e LMb'+)
vveu May 1v Vo: 37:37 Loop rage / 0 1 1'1
ALTA COMMITMENT
Schedule B-1
(Requirements)
The following are the requirements to be complied with:
Our Order No. GW248995
Yayment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument -0) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WIL 1, BE ISSUED
PURSUANT HERETO.
rrom Lana iitie (M84)
Wea May 10 US:s9:i9 LUUb Nage tS of 14
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW248995
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 and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the 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.
Liens for unpaid water and sewer charges, if any.
9. LIEN EVIDENCED BY STATEMENT OF HEALTH MANAGEMENT SYSTEMS, INC. IN THE
AMOUNT OF $87,761.32 RECORDED JUNE 02, 2003, IN BOOK 1475 AT PAGE 574,
CORRECTION RECORDED JULY 1, 2004 IN BOOK 1601 AT PAGE 133.
10. LIEN EVIDENCED BY STATEMENT OF HEALTH MANAGEMENT SYSTEMS, INC. IN THE
AMOUNT OF $87,761.32 RECORDED JUNE 02, 2003, IN BOOK 1475 AT PAGE 576,
CORRECTION RECORDED NOVEMBER 24, 2003 IN BOOK 1541 AT PAGE 367.
11. I)EEI) OF TRUST I)ATEI) MAY 01, 2003 FROM JOHN WILSON BERSHENYI ANI) ALICE P.
BERSHENYI TO THE PUBLIC TRUS I'EE OF GARFIELD COUNTY FOR THE USE OF FIRST
NATIONAL BANK OF THE ROCKIES TO SECURE THE SUM OF $190,000.00, AND ANY
OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORI)EI) MAY 07, 2003, IN
BOOK 1467 AT PAGE 332.
12. DEED OF TRUST I)ATEI) MAY 01, 2003 FROM BERSHENYI LAND AND CATTLE LLLP ANI)
.JOHN WILSON BERSHENYI AND ALICE P. BERSHENYI TO THE PUBLIC TRUSTEE OF
GARFIELI) COUNTY FOR THE USE OF FIRST NATIONAL BANK OF THE ROCKIES TO
SECURE THE SUM OF $142,012.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE
TERMS THEREOF, RECORI)EI) MAY 21, 2003, IN BOOK 1471 AT PAGE 810.
I' 1 UIII Laflu 1 1 1 llvlOY)
vveu may 1V Vo:3V:.)7 LVVO
rage ) of 14
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW248995
The policy or policies to be issued will contain exceptions to the following unless the sane are disposed
of to the satisfaction of the Company:
13. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 28, 1923,
IN BOOK 112 AT PAGE 390, RECORDED SEPTEMBER 1, 1906 IN BOOK 56 AT PAGE
556, RECORI)EI) MARCH 9, 1914 IN BOOK 92 AT PAGE 329, RECORI)EI) MARCH 31,
1920 IN BOOK 112 AT PAGE 346, RECORDED AUGUST 25, 1917 IN BOOK 112 AT PAGE
481, RECORDED DECEMBER 18, 1893 IN BOOK 12 AT PAGE 262, RECORDED JUNE 20,
1893 IN BOOK 12 AT PAGE 233, RECORDED NOVEMBER 18, 1912 IN BOOK 71 AT PAGE
576, RECORDED MARCH 4, 1935 IN BOOK 73 AT PAGE 194.
14. 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 SEPTEMBER 01, 1906, IN BOOK
56 AT PAGE 556, RECORDED MARCH 9, 1914 IN BOOK 92 AT PAGE 329, RECORDED
DECEMBER 18, 1893 IN BOOK 12 AT PAGE 262, RECORDED JUNE 20, 1893 IN BOOK
12 AT PAGE 233, RECORDED APRIL 5, 1923 IN BOOK 73 AT PAGE 151, RECORDED
MARCH 4, 1934 IN BOOK 73 AT PAGE 194.
1."
ROAD VIEWERS REPORT RECORDED DECEMBER 28, 1888 IN BOOK 1 AT PAGE 104, MAP
AND STATEMENT OF HALL AND SULLIVAN DITCH RECORDED AUGUST 29, 1883 IN BOOK
7 AT PAGE 82 ANI) FOUR MILE DITCH RECORDED JUNE 23, 1887 IN BOOK 9 AT PAGE
537.
16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 02, 1907 IN BOOK
69 AT PAGE 60.
17. AN UNDIVIDED 1/4 INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED
IN DEED RECORDED JUNE 10, 1950 IN BOOK 251 AT PAGE 25, ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN
18. AN UNDIVIDED 1/4 INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED
IN I)EEI) RECORDED NOVEMBER 1, 1951 IN BOOK 260 AT PAGE 546, ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN
19. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED NOVEMBER 03, 1959 IN
BOOK321 ATPAGE316.
20. AN UNDIVIDED 1/4 INTEREST IN ALL OIL, GAS AND OTHER MINERAL AS RESERVED IN
DEPD RECORI)EI) JULY 14, 1967 IN BOOK 385 AT PAGE 587, ANY ANI) ALL
r 1 UIII LdFIU IILIC `IVIDY)
YYCU may .1.0 VO. J7. J , LL/VV 1-49C 1V V 1 1.1
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW248995
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:
ASSIGNMENTS THEREOF OR INTERESTS THEREIN
21. TERMS, CONDITIONS ANI) PROVISIONS OF AMENDMENT TO LEASE RECORDED DECEMBER
29, 1978 IN BOOK 520 AT PAGE 986.
22. TERMS, CONDITIONS ANI) PROVISIONS OF EASEMENT AGREEMENT RECORDED DECEMBER
12, 1979 IN BOOK 540 AT PAGE 760.
23. EASEMENTS FOR INGRESS AND EGRESS ACROSS EXISTING ROADS AS RESERVED IN
INSTRUMENT RECORDED FEBRUARY 22, 1982 IN BOOK 593 AT PAGE 263 AND RECORDED
DECEMBER 30, 1982 IN BOOK 615 AT PAGE 992
24. AN UNDIVIDED 1/2 INTEREST IN ALL OIL AND MINERAL RIGHTS AS RESERVED IN
TEED RECORDED JULY 27, 1948 IN BOOK 238 AT PAGE 83, ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN
25. AN UNDIVIDII) 1/4 INTEREST IN ALL MINERALS AS RESERVED IN DEED RECORDED
APRIL 11, 1955 IN BOOK 283 AT PAGE 179 AND RERECORDED SEPTEMBER 17, 1955
IN BOOK 287 AT PAGE 374, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN
26. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT CONTRACT RECORDED OCTOBER 05,
1992 IN BOOK 843 AT PAGE 299.
27. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED DECEMBER 22, 1992 IN BOOK
850 AT PAGE 589.
28. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED DECEMBER 22, 1992 IN BOOK
850 AT PAGE 590.
29. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY RECORDED
APRIL 28, 1972 IN BOOK 430 AT PAGE 138.
30. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED MARCH 04, 1975 IN BOOK
469 AT PAGE 500.
rrom Lana Title tMB4)
We0 May 1U 08:i):59 LUUb Nage 11 of 14
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW248995
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:
31. TERMS, CONDITIONS ANI) PROVISIONS OF EASEMENT AND RIGHT OF WAY RECORDED JUNE
27, 1988 IN BOOK 736 AT PAGE 624.
32. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MARCH
20, 1992 IN BOOK 826 AT PAGE 437.
33. TERMS, CONDITIONS ANI) PROVISIONS OF RESOLUTION NO. 96-78 RECORDED DECEMBER
11, 1996 IN BOOK 1002 AT PAGE 922.
34. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS AND AGREEMENT
RECORDED APRIL 01, 1997 IN BOOK 1014 AT PAGE 38.
TERMS, CONDITIONS ANI) PROVISIONS OF AGREEMENTS RECORDED MARCH 21, 2002 IN
BOOK 1339 AT PAGE 82, DEED IN CONNECTION WITH AGREEMENT RECORDED OCTOBER
4, 2004 IN BOOK 1628 AT PAGE 9 AND EASEMENT GRAND RECORDED OCTOBER 4, 2004
IN BOOK 1628 AT PAGE 11.
36. TERMS, CONDITIONS ANI) PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED MARCH
26, 2003 IN BOOK 1450 AT PAGE 784.
37. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 22,
2003 IN BOOK 1531 AT PAGE 308.
38. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON BERSHENYI EXEMPTION
PLAT RECORDED DECEMBER 10, 1996 UNDER RECEPTION NO. 502160 AND AMENDED
BERSHENYI EXEMPTION PLAT RECORDED APRIL 15, 1997 UNDER RECEPTION NO.
506994
39. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 02, 1997
IN BOOK 1032 AT PAGE 148.
40. EASEMENTS, RIGHTS OF WAY ANI) OTHER MATTERS AS SHOWN ON THE PLAT RECORDEI)
FEBRUARY 10, 1989 UNDER RECEPTION NO. 398902
f I VIII Ldf1U I 1 L I e LIVIUY) VYCU IYldy 1V VO: a7: 37 CUUO
rdye 1L 01 14
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW248995
The policy or policies to be issued will contain exceptions to the following unless the sane are disposed
of to the satisfaction of the Company:
41. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 26, 2000 IN BOOK
1189 AT PAGE 506.
42. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 86-75 RECORDED JULY 14,
1986 IN BOOK 691 AT PAGE 433.
43. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 27, 1989 IN
BOOK 769 AT PAGE 951.
44. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 22, 2003 IN
BOOK 1509 AT PAGE 327.
45. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND AGREEMENT RECORDED MAY 01,
1997 IN BOOK 1017 AT PAGE 382.
46. LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET.
NOTE: ITEM 48 AFFECTS PARCEL B AND C ONLY
47. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED MARCH
08, 2006 IN BOOK 1778 AT PAGE 214.
r r'orn Lanu I l l r e LIVI154)
vveu may iu Io:sy:st/ LIMO
rage is or 14
LAM) TITLE GUARANTEE COMPANY and MERIDIAN LAM) TITLE, LLC
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 I)ue 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 docwnents 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 tide entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Tide 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.
I)) 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 DISCL):URE 09/01/02
r rom Lana i i t ie (Mls I)
Wed May 1U 08:39:39 LUUb Page 14 of 14
JOINT NOTICE OF PRIVACY POLICY
OF
LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION ANI)
MERIDIAN LANI) TITLE, LLC AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the instltutlon provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing
you with this document, which notifies you of the privacy policies and practices of Land Title
Guarantee Company and Meridian Land Title, LLC and Land Title Insurance Corporation and
Old Republic National Title Insurance Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from' a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above infornatlon that we collect about our customers or fonner
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
* Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
* Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT LS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
Fort :•Fi". OL. 'FT